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HomeMy WebLinkAbout1980 Resolution BookBOOK 60 1980 RESOLUTIONS 1 -20 PAGE RES. 11 RES. TITLE DATE 1 1 Res. Approval of Class C Beer Permit 1/8/80 Quik Trip Corp. 11509, 225 S. Gilbert 2 2 Res. Approval of Class C Sunday Permit Quik Trip Corp. #509, 225 S. Gilbert 3 3 Res. To refund Beer Permit, The Sanctuary Restaurant, 405 S. Gilbert 4 4 Res. To Issue Cigarette Permits, Yen Ching Restaurant, Riverside 66 Service 5 5 Res. to Refund Cigarette Permit, Riverside 66 Service, Paul Christian 6 6 Res. Accepting Concrete Paving on Oberlin St. by Metro Pavers 7 7 Res. Accepting Paving and Storm Sewer by Metro Pavers in Mt. Prospect Add. Prk. IV 8-9 8 Res. Author.and Directing the Solicitation of Offers to Purchase Land for Private Re- development 10 9 Res. Proposing to Sell a Portion of Real Pro- perty Owned by the City of Iowa City and Located at the Northwest Intersection of S. Gilbert St. and U.S. Highway 6 11- 5 10 Res. Directing the Delivery of Construction Warrants in Payment of Contract 16 11 Res. Providing for the Addition of a Position in the Classified Pay Plan and Amending the FY80 Budget 1/15/80 17 12 Res. Approval of Class B Beer Permit Bushnell's Turtle, 127 College Street 18 13 Res. Accepting the North Governor Street Bridge Project 19 14 Res. Accepting Concrete Paving & Related Storm Sewer Pipe Culverts on N. Dubuque Road from North Dodge Street by Metro Pavers, Inc. 20-22 15 Res. Approving Preliminary & Final Large Scale Residential Development Plan of the Ecumenical Housing Corp. 23 16 Res. Authorizing Mayor to Execute IDOT Right - Of -Way Assurance Statement 24 17 Res. Author. Mayor To Sign and the City Clerk To Attest An Agree. with Kelly Security Co. Provide Security Services for the Parking Ramp at Clinton and Burlington Streets 25 18 Res. Approving Class C Liquor Control License 1/22/8( Lorna K. Smith dba Smith & Company 26 19 Res. Approval of Class C Beer Permit, Clyde R. Seaton dba Seaton's Cash & Carry Market 27 20 Res. Approval of Class C Beer Permit, Krause Gentle Oil Corp. dba Iowa City Sav-Mor Kerr- McGee Stationstore 11104 BOOK 60 1980 RESOLUTIONS 21- 38b PAGE RES. # RES. TITLE DATE 28 21 Res. Approval of Class C Sunday Permit 1/22/80 Krause Gentle Oil Corp. dba Iowa City Sav-Mor Kerr-McGee Stationstore X1104 29 22 Res. To Issue Cigarette Permits Hy -Vee Food Store X13, Drugtown /12, Crow's Nest 30 23 Res. Directing Delivery of Construction Warrants in Payment of Contract, Metro Pavers 31 24 Res. Accepting North Side Neighborhood Preservation Study & Authorizing Close Out of Hud Innovative Housing & Neighborhood Preservation Grant No. B -76 -SI -19-0001 32 25 Resolution of Necessity for Construction of 1980 Melrose Ave. Sanitary Sewer Exten- sion Assessment Proj. 33 26 Res. Approval of Class C Beer Permit Hy -Vee 1/29/80 Food Store #3 34 27 Res. Approval of Class C Sunday Sales Hy -Vee Food Store #3 35 28 Res. Approval of Class C Beer Permit Drug - Town 112 36 29 Res. Approval of Class C Sunday Sales Drug - town #2 37 30 Res. Setting Public Hearing on Plans, Specif- ications, Form of Contract, Estimate of Cost For Construction of FY81 Landfill Excavation Project 38-39 31 Res. Declaring Public Convenience & Necessity Requires Issuance of Certain Taxi -Cab Certif- icates 40-41 32 Res. Awarding Supplemental Contract & Author. Mayor To Sign & City Clerk to Attest Supple- mental Contract For Construction of City Plaza Project 42 33 Res. Accepting the Work For City Plaza Proj. Parkview Company 43 34 Res. Directing Delivery of Const. Warrants in Payment of Contract Parkview Co. 44 35 Res. Approving Class B Beer Permit, Jose M. 2/5/80 Elizondo dba E1 Fronterizo Restaurant, 1200 S. Gilbert 45 36 Res. Approval Class B Sunday Permit, E1 Front- erizo Restaurant, 1200 S. Gilbert 46 37 Res. Approving Class C Liquor Control License The Crow's Nest 47 38 Res. To Issue Dancing Permit, The Crow's Nest 48 38b Res. Setting Public Hearing On Cost For Construction Central Business District Street- scape Impr. Proj. Phase II -B Book 60 1980 RESOLUTIONS 39 - 56 PAGE RES. # RES. TITLE DATE 49-50 39 Res. Regarding Issuance Not To Exceed 2/05/80 $2,000,000 In Aggregate Prin. Amt. Of Industrial Development Revenue Bonds(E.B.& A.C. Whiting Co. Project) Of The City of Iowa City, Iowa Directing Publication Of Notice Of Intention To Issue, Calling Public Hearing On Proposal To Issue Said Bonds and Author. Execution Memo. Of Agreement 51 40 Res. Author. Mayor To Sign City Clerk To Attest Contract For Acquisition Real Property For S. Gilbert St. Improvement Project 52 41 Res. Appro. Class B Beer Permit, Hilltop 2/12/80 Tavern 53 42 Res. Adopting Res. of Necessity 1980 Melrose Ave. Sanitary Sewer Extension Assessment 54-55 43 Res. Directing Preparation of Contract And Notice to Bidders 1980 Melrose Ave. Sanitary Seower EXtension Assessment Project 56-57 44 Res. Ordering Bids, Plans, Specifications, Form Contract, Notice To Bidders and Estimate Of Costs 1980 Melrose Ave. Sanitary Sewer Extension Assessment Project 58 45 Res. Amending Classification Plan For Class- ified Personnel By Reclassifying Positions 59 46 Res. Approv. Class C Liquor Control License 2/19/80 Gilbert St. Tap, 1134 S. Gilbert 60 47 Res. Setting Public Hearing on Addendum to Sanitary Sewerage System Facility Plan. 61 48 Res. Setting Public Hearing On Budget Estimate For Fiscal Year July 1, 1980 Thru June 30, 1981 62 49 Res. Setting Public Hearing On Proposal To Convey Vacated Portion Of Sand Road To David Braverman and D.J. Trust 63 50 Res. Approv. Class C Liquor Control License Woodfields, 223 E. Washington St. 64 51 Res. To Issue Dancing Permit Woodfields, 223 E. Washington St. 65 52 Res. Approv. Plans, Specifications, Form of Contract, Est. Cost For Constr. FY81 Landfill Excavation Project 66 53 Res. Approv. Plans, Specifications, Form of Contract, Est. of Cost For Constr. Central Business District Streetscape Improv. Project Phase II -B 67 54 Res. Of The City Of Iowa City, Ia. Council River Corridor Sewer -#C190830 02 68 55 Res. Author. Execution Of Amendment to Contract With Veenstra and Kimm New Treatment Plant and Outfall Sewer Connecting Existing Plant To Proposed Plant 69 56 Res. Certifying Unpaid Water Charges To County Auditor For Collection Same As Property Tax Book 60 1980 RESOLUTIONS PAGE RES.# 70 71 72 73 74 75-76 091-si 86-87 88-89 90 91-92 93-95 57 58 59 60 61 62 57-78 RES. TITLE Res. Approving Class C Liquor Control License Gringo's, 115 E. College Res. Approval Class C Sunday Sales Permit Gringo's, 115 E. College Res. Approval Class C Beer Permit Drug Fair #9, 121 E. Washington Res. Approving Class C Liquor Control License Carson City, 505 E. Burlington Res. Issue Dancing Permit Carson City, 505 E. Burlington DATE 2/26/80 Res. Setting Public Hearing Plans, Specifications, Form Of Contract Estimate Of Cost For Construction Of South Branch Detention Structure 63 Res. Relating To Public Hearing & Approving Proceed- ing With Issuance & Sale" Of Not To Exceed $2,000,000 Aggregate Principal Amount Ind. Development Revenue Bonds(E.B.&A.C.Whiting Co. Proj.) City Of Iowa City Iowa & Author. Execution Memo. Of Agreement 64 Res. Declaring That Public Convenience & Necessity Requires Issuance Of Certain Taxi -Cab Certificates Super Cab and Yellow Checker Cab 65 Res. Declaring Public Convenience & Necessity Requires Issuance Of Certain Taxi -Cab Certificates A Better Cab Company 66 Res. Setting Fares For The Iowa City Transit System 67 Res. Establish. Just Compensation For Real Property Acquisition For Phase I Of Lower Ralston Creek Small Cities Proj.(CDBG N0. B -79 -DN -19-0048) 68 Res. Approving Settlement Of Freeway 518 Litigation 96-98 69 Res. Author. Agree. Between City Of Iowa City And Iowa City Assoc. Of Prof. Fire Fighters, IAFF, AFL-CIO, Local #610, To Be Effective July 1, 1980, Thru June 30, 1981, & Agree. Amending Cost Of Living Allowance Of 1979-80 Collective Bargaining Agreement 99 70 Aproving Class C Liquor License, The Greenery 3/04/80 100 71 Approving Class C Liquor License, Magoo's 101 72 Res. To Issue Cigarette Permit, Towncrest Texaco 102 73 Res. Setting Public Hearing Of Washington Street Bridge Deck Replacement 103-104 74 Res. Setting Public Hearing For Senior Citizen Center On Plans, Specifications, Contract 105 75 Res. Approving Preliminary and Final LSNRD For Owens Brush Company 106 76 Res. Author. City Mgr. To Use Small Cities Proj. Funds Relocation Raymond & Nettie Mae Lothridge 107 77 Res. Adopting Supp. #3 Code Of Ordinances 108 78 Res. Amending Classification Plan Parking Enforce- ment Attendant BOOK 60 1980 RESOLUTIONS 79-97 PAGE RES. 11 RES. TITLE DATE 109 79 Res. Amending Classification Plan For 3/04/80 Classified Per. Deleting A Position And Adding A Position 110 80 Res. Accepting Alley Improvement Project Blocks 28 and 29 O.T 111-113 81 Res. Author. Mayor Convey Vacated Portion Sand Road In Iowa City To David Braverman 114 82 Res. Approval Class C Beer Permit Eagle 3/11/80 Supermarket 11157 115 83 Res. Approval Class C Beer Permit Eagle Supermarket 11220 & May's Drug 11198 116 84 Res. Approving Class C Liquor Conxrol License Sheep's Head Cafe 117-118 85 Res. Approving Final Plat Subd. Part Three and Stormwater Management Storage Area MacBride An Addition To The City Of Iowa City, Iowa 119-120 86 Res. Approving Plans, Specifications, Form Of Contract, & Estimate Cost Construction Wash- ington St. Bridge Deck Replacement 121-122 87 Res. Approv. Plans, Specifications, Form Of Contract, Estimate Cost Construction South Branch Detention Structure 123-124 88 Res. Directing Delivery.Construction Warrants In Payment of Contract Parkview Co. 125 89 Res. Setting Parking Rates For Iowa City Park- ing System 126 90 Res. Author. Agree. Between City Of Iowa City And Iowa City Library Board Of Trustees and AFSCME Local 11183, AFL-CIO Effective July 1, 1980 Thru June 30, 1981 127-128 91 Res. Adopting Annual Budget For Fiscal Year Ending June 30, 1981 129 92 Res. Expressing Support For And Urgin`Action BY IDOT To Relocate Amtrack Services Thru Iowa 130 93 Res. Approv. Class C Liquor Control License, 3/18/80 BPO Elks 11590 131 94 Res. Approv. Class C Sunday Sales, BPO Elks 11590 132 95 Res. To Issue Dancing Permit, BPO Elks 11590 133 96 Res. To Issue Cigarette Permits, BPO Elks 11590, Colonial Park 134 97 Res. Setting Public Hearing Regional Transit Planning & Programming Document & Directing City Clerk Publish Notice Of Said Hearing BOOK 60 1980 RESOLUTIONS 98-115 PAGE RES. # RES. TITLE DATE 135 98 Res. Approving Plans, Specif., Contract, 3/18/80 Estimate Cost Constr. Iowa City Senior Citizens Center Estab. Amt. Bid Security To Accompany Each Bid, Directing City Clerk Publish Notice To Bidders, Fixing Time & Place for Receipt Of Bids 136-137 99 Res. Awarding Contract & Author. Mayor To 146 108 Sign & City Clerk Attest Contract For Con- struction FY81 Landfill Excavation Project 138 100 Res. Consider Proposal To Convey Vacated Sand Lake Drive, To Set Public Hearing & To Author. City Clerk To Publish Notice Of Hearing To Consider Said Conveyance 139 101 Res. Approv. Class A Liquor Control License 3/25/8 Knights of Columbus Bldg. Assn Inc. 140 102 Res. Approv. Class B Beer Permit, E -J Corp. 149-159 111 Inc. Iowa City Racquet Club 141 103 Res. Approv. Class C Liquor Control License 160-164 112 Howard Johnson's 142 104 Res. Approv. Class C Sunday Beer Permit 165-171 113 Howard Johnson's 143 105 Res. Approv. Class C Liquor Control License H & D Tap 144 106 Res. Refund Beer Permit Maid=Rite 145 107 Res. Refund Cigarette Permit Maid -Rite 146 108 Res. Accepting Work On Service Building Addition McComas-Lacina Const. Co. 147 109 Res. Author. Mayor To Sign, City Clerk To Attest, FY81 Regional -Transit Plan. & Program. Document, Application State & Federal Transit Assistance 148 110 Res. Setting P.H.On Plans, Specifications, Form Of Contract, Estimate Cost Construction Scott Blvd. Paving Improvement Project 149-159 111 Res. Author. Mayor To Sign, City Clerk To Attest Letters Of Intent 160-164 112 Res. Author. Execution Of Amendment To Agree. With Ames Engineering & Testing 165-171 113 Res. Adopting Plans, Spec., Form Of Contract And Estimated Cost 1980 Melrose Ave. Sanitary Sewer Extension Assessment Project 172 114 Res. Making Award Of Contract, Weber Bros. 1980 Melrose Ave. Sanitary Sewer Exten. Assessment 173 115 Res. Author. Filing Community Devel. Block Grant/Small Cities Program Application In Amount Of $775,000 0 BOOK 61 1980 RESOLUTIONS 116-134 PAGE RES. # 174 116 175 176 177 178-179 180-181 182 183 184 185 186 187-188 189 190-191 192 193-194 195-196 197 198 117 r7i RES. TITLE DATE Res. Approv. Class C Liquor Control 4/01/80 License, Towncrest Inn, LTD. Res. Adopting Bikeways Report & Plan As Amendment To Iowa City Comp. Plan For Land Use, Trafficways, Community Facilities 118 Res. Amending LSRD Plan Pentacrest Garden Court Apartments 119 Res. Endorsing Concept Shared/Joint Use Swimming Pool For Community 120 Res. Approv. Contract & Bond, Weber Bros. 121 Res. Award. Contract Metro Pavers, Iowa City Iowa, Construction Streetscape Improvement Proj.. Phase II -B 122 Res. Approving Class C Liquor Control 4/08/80 License Application Wilke's Lounge, 122 Wright 123 Res. Refund Cigarette Permit, BPO Elks 11590 124 Res. Refund Portion Class C Liquor Fee, Bull Market, Inc. 125 Res. Approving Class B Beer Permit, Ia. State Board Of Regents; Finkbine Golf Course 126 Res. Accepting Paving & Storm Sewer On Foster Rd. 127 Res. Authorizing Additional Deferred Compensation Plans 128 Res. Approval Of Class C Beer Permit, 4/15/80 Pester Derby, 606 S. Riverside Dr. 129 Res. Author. Amendments To Freeway 518 Settlement Agreement 130 Res. Directing Delivery Of Construction Warrants In Payment Of Contract, Parkview Co. 131 Res. Author. Mayor To Convey Vacated Sand Lake Drive Iowa City To James & Brenda Schintler, Ronald & Marilyn Schintler, and Richard & Barbara Schintler 132 Res. Author. Execution Of Amendment To Agreement Charles J. R. McClure & Assoc.,Inc. 133 Res. Approv. Plans, Specifications, Form Of Contract, Estimate Of Cost For Construction Scott Boulevard Paving Improvement Project 134 Res. Amending Classification Plan For Class- ified Personnel By Reinstating A Position Building Inspector Until October 1, 1980 Restaurant 201 137 Res. Approv. Class C Sunday Sales, Hilltop Lounge 202 138 Res. Approv. Class C Liquor License, Gunner's Lounge 203 139 Res. Approv. Class B Beer Permit, Control Tower 204 140 Res. Approv. Class B Sunday Sales, Control Tower 205 141 Res. Author. Abandoned Bicycle Sale 206-207 142 Res. Awarding Contract Author. Mayor To Sign City Clerk To Attest Contract Const. Ia. City Senior Citizens Center Burger Const. Co., General Contract 208-209 143 Res. Awarding Contract Author. Mayor BOOK 61 1980 RESOLUTIONS 135-153 Modern Piping, Inc., Mechanical Contract PAGE RES. # RES. TITLE DATE 199 135 Res. Approv. Class C Liquor 4/22/80 Const. Ia City Senior Citizens Center License, Hilltop Lounge, White Electric, Electrical Contract 200 136 Res. Issue Cig. Permit, On -Iowa Restaurant 201 137 Res. Approv. Class C Sunday Sales, Hilltop Lounge 202 138 Res. Approv. Class C Liquor License, Gunner's Lounge 203 139 Res. Approv. Class B Beer Permit, Control Tower 204 140 Res. Approv. Class B Sunday Sales, Control Tower 205 141 Res. Author. Abandoned Bicycle Sale 206-207 142 Res. Awarding Contract Author. Mayor To Sign City Clerk To Attest Contract Const. Ia. City Senior Citizens Center Burger Const. Co., General Contract 208-209 143 Res. Awarding Contract Author. Mayor To Sign City Clerk To Attest Contract Const. Ia City Senior Citizens Center Modern Piping, Inc., Mechanical Contract 210-211 144 Res. Awarding Contract Author. Mayor To Sign City Clerk To Attest Contract Const. Ia City Senior Citizens Center White Electric, Electrical Contract 212-213 145 Res. Awarding Contract Author. Mayor To Sign City Clerk To Attest Contract Const. Ia. City Senior Citizens Center Hockenbergs, Kitchen Equipment 214 146 Res. Author. City Mgr. To Sign City Clerk To Attest Contract For Acquisition Real Property For Lower Ralston Creek Neighborhood Improv. Project 215 .147 Res. Supporting Federal General Revenue Sharing Program 216 148 Res. Approv. Class C Sunday Sale 4/29/8( Permit, Wareco 217 149 Res. Approv. Class A Sunday Sale Permit, VFW Post #3949 218 150 Res. Approv. Class A Liquor Control License, VFW Post X13949 219 151 Res. Approv. Class C Beer Permit, Wareco 220 152 Res. To Refund Portion Class C Liquor License Fee, Club Car Lounge 221 153 Res. To Refund A Portion Class C Liquor License Fee, O'Kelley's Irish Pub BOOK 61 1980 RESOLUTIONS 154-168 PAGE RES. # RES. TITLE DATE 222 154 Res. Setting Public Hearing 4/29/8C On Plans, Specs., Form Of Contract, Estimate Of Cost For Construction Of Neighborhood Site Improv. - Curb Ramp & Sidewalk Repair Program (Highland Neighborhood) 223-224 155 Res. Establishing Just Compensation For Acquisition Of Real Property - Lower Ralston Creek Neighborhood Improv. Proj.(Parcel #8, John Gillispie) 225 156 Res. Adopting Supp. Number Four To Code Of Ord. Of City Of Iowa City 226-288 157 Res. Author. Filing Application With Environmental Protection Agency, USA, For Grant Under Water Pollution Control Act,(33 U.S.C. 1251 et seq.) 229 158 Res. To Issue Cigarette Permit 5/06/80 Hilltop Lounge 230 159 Res. Accepting The Work On The Truck Wash Building; R -K'S Home Improvement 231 160 Res. Accepting Work On Modular Build. Renovation - Division I - Plumbing Work Project - George Kondora Plumb. 232 161 Res. Accepting Work On Modular Build. Renovation - Division III - Electrical Work Project - Moore Wiring Service 233 162 Res. Setting Public Hearing On Plans, Spec's., Form Of Contract, Estimate Of Cost For Construction Neighborhood Site Improvements - Sidewalk Repair (Northside & Hickory Hill Neighborhood) 234 163 Res. Setting Public Hearing On Plans, Spec's., Form Of Contract, Estimate Of Cost For Construction Of Sturgis Ferry Boat Ramp 235-236 164 Res. Approv. Plans, Spec's., Form Of Contract, Estimate Cost For Const- ruction- Neighborhood Site Improvements Curb Ramp & Sidewalk Repair Program - Highland Neighborhood 237 238 239-241 165 Res. Setting Special Bus Fares 166 Res. Ammend. Schedule Of Fees And Charges For Oakland Cemetery 167 Res. Directing Delivery Of Construct- ion Warrants In Payment Of Contract Shive-Hattery & Assoc. 242-243 168 Res. Establishing Plumbing Permit Fees For Uniform Plumbing Code Of The City Of Iowa City BOOK 61 1980 RESOLUTIONS 169-183 PAGE RES. 11 RES. TITLE DATE 244 169 Res. Approv. Class B Beer 5/13/80 Permit, Long John Silver's 245 170 Res. Approv. Class B Sunday Sales, Long John Silver's 246 171 Res. Approv. Class C Liquor Control Appl., Mumm's Saloon & Eatery 247-248 172 Res. Approv. Pre. & Final LSNRD' for E.B. & A.C. Whiting Company 249-251 173 Res. Approv. Amended Pre. & Final Plat B.D.I. Second Addition 252-253 174 Res. Approv. Pre. & Final LSRD, Ralston Creek Village 254-255 175 Res. Approv. P1ans,Spec., Form Of Contract & Estimate Cf Cost Of Construction, Sidewalk Repair Prog. Northside & Hickory Hill Neighbor. 256-257 176 Res. Approv. Plans, Spec., Form Of Contract & Estimate Of Cost Of Construction, Sturgis Ferry Boat Ramp 258-259 177 Res. Directing Delivery Construct- ion Warrants, Shive-Hattery 260 178 Res. Author. Director PW Execute A Contract For Demolition Of House 1004 N. Dodge St. 261-262 179 Res. Author. Mayor To Sign Agreement For Resident Proj. Inspection Services Surveying Services & Testing Services South Branch Detention Dam, Shive- Hattery 263-264 180 Res. Author. Mayor To Execute Chap. 28E Between County & City For Con- gregate Meals Program 265-267 181 Res. Designating Preferred Developer Urban Renewal Parcel 1164-1 Downtown 268-273 182 Res. Regarding Issuance Of Not To Ex eed $5,000.000 In Aggregate Prin. Amt. Of Industrial Dev. Revenue Interim Bonds(College Plaza Development Co.) Not To exceed $5,000.000 Aggregate Prin. Amt. Indust. Dev. Rev. Bonds Of City Of Iowa City, Author. Execution Of Memo. Of Agreement 274-279 183 Res. Regarding Issuance Of Not To Exceed $7,500,000 In Aggregate Prin. Amt. Industrial Dev. Revenue Interim Bonds(High Country Corporation) And Not To Exceed $7,500,000 Aggregate Princ. Amt. Industrial Dev. Revenue Bonds Of City Of Iowa City, Iowa Author. Execution Of Memo. Of Agreement BOOK 61 1980 RESOLUTIONS 184-200 PAGE RES.# RES. TITLE DATE 280 184 Res. Awarding Contract For Construction 5/20/80 South Branch Detention Structure, Gee Grading & Excavating 281 185 Res. Author. City Of Iowa City, Iowa To Allow For Conversion Of A Rehab. I Loan To A Forgivable Loan Under Housing Rehab. Program 282 186 Res. Approv. Class C Liquor Control License 6/03/8 Colonial Bowling Lanes, 2253 Hwy. 218 S. 283 187 Res. Approv. Class C Sunday Sales, Colonial Bowling Lanes, 2253 Hwy. 218 S. 284 188 Res. Approv. Class C Liquor Control License The Airliner, 22 S. Clinton 285 189 Res. Approv. Class C Liquor Control License That Bar/That Deli, 325 E. Market St. 286 190 Res. To Issue Dancing Permit, That Bar/That Deli, 325 E. Market St. 287 191 Res. Approv. Class C Sunday Sales, The Crow's Nest, 328 E. Washington 288 192 Res. Approv. Class C Liquor Control License The Nickelodeon, 208 N. Linn 289 193 Res. Setting Public Hearing On Plans, Specs., Form Of Contract, Estimate Of Cost Of The FY81 Asphalt Resurfacing Project 290 194 Res. Setting Public Hearing On Amending The FY80 Budget Ending June 30, 1980 291 195 Res. Accepting Arthur Street Sanitary Sewer Extension, Knowling Brothers Cont. Co. I.C. 292-293 196 Res. Approv. Pre. & Final Plat Of Newport Park Subdivision 294-303 197 Res. Author. Mayor To Sign, City Clerk To Attest Agreements Whereby The City Will Acquire Certain Fee, Easement Rights In Property Owned by Albert & Wilfreda Hieronymus; South Branch Ralston Creek Stormwater Detention Project 304-313 198 Res. Award. Contract & Author. Mayor To Sign, City Clerk To Attest Contract For Construction Neighborhood Site Improvements -Sidewalk Repair Program(Northside & Hickory Hill Neighborhoods) 314-135 199 Res. Author. Mayor To Sign, City Clerk To Attest Cooperative Agreement With State Con- servation Commission For Development, Main- tenance Of A Marine Fuel Tax Project 316-317 200 Res. Awarding Contract & Author. Mayor To Sign City Clerk To Attest Contract For Construction of The Sturgis Ferry Boat Ramp BOOK 61 1980 RESOLUTIONS PAGE RES. 318-319 201 320-324 202 201- 220 44 RES. TITLE Res. Directing City Clerk To Publish Notice To Bidders, Fixing Time, Place For Receipt Of Bids For Washington St. Bridge Deck Replacement Res. Adopting A New Schedule Of Fees For Water Main Taps, Water Main Installation, Service Charges For Routine Water Service Procedures DATE 6/03/80 325-328 203 Res. Author. The Mayor To Sign, City Clerk To Attest A Memo. Of Understanding Between The City And IDOT, Whereby A Portion Of Hwy. 218 Would Be Transferred From State To City Juristiction Upon Construction Of The Pro- posed Arterial Highway 518 329-338 204 Res. Authorizing The Issuance Of $1,500,000 Revenue Bonds And E.B. & A.C. Whiting Co. 339 205 Res. Approv. Class C Liquor Control License 6/17/80 Fraternal Order of Eagles #695 340 206 Res. To Issue Dancing Permit, Fraternal Order of Eagles #695 341 207 Res. Approv. Class C Liquor Control License, American Legion, Post #17 342 208 Res. Approv. Class C Beer Permit, Walgreens 343 209 Res. Approv. Class C Sunday Sales, Walgreens 344 210 Res. Approv. Class C Liquor Control License, Gabe'N'Walkers 345 211 Res. To Issue Dancing Permit, Gabe'N'Walkers 346 212 Res. Approv Class C Liquor Control License, The Mill Restaurant 347 213 Res. Approv. Class C Sunday Sales, The Mill Restaurant 348 214 Res. Approv. Class C Liquor Control License, Foxhead Tavern 349 215 Res. Approv. Class C Liquor Control License, Copper Dollar & The Loft 350 216 Res. Approv. Class C Liquor Control License, The Bread Line 351 217 Res. Approv. Class B Liquor Control License, Howard Johnson Co. & McLean Enterprises, Inc. 352 218 Res. Approv. Class B Sunday Sales, Howard Johnson Co. & McLean Enterprises, Inc. 353 219 Res. To Refund Beer Permit, Hilltop Tavern 354 220 Res. To Issue Cigarette Permits, See Attached List BOOK 61 1980 RESOLUTIONS 221-224 PAGE RES. # RES. TITLE DATE 355 221 Res. Approv. Class C Liquor Control 6/17/80 License, Sycamore Eating & Drinking Co. 356 222 Res. Setting Public Hearing Plans, Specs., Form Of Contract, Estimate Of Cost; Lower City Park Bike Trail-FY81 357-359 223 Res. Amending Current Budget For The Fiscal Year Ending June 30, 1980 360-361 224 Res. Approv. Plans, Specs., Form Of Contract And Estimate Of Cost; The FY81 Asphaltic Resurfacing Project 362-363 225 Res. Author. Mayor To Sign & City Clerk To Attest Agreement Providing For The Mutual Rescission Of An Urban Renewal Contract Between The City Of Iowa City And North Bay Construction, Inc. (parcel 82-1b) 364-369 226 Res. Author. Execution Of Agreement With Bruce R. & Florence E. Glasgow Of Iowa City 370 227 Res. Awarding Contract & Author. Mayor To Sign & City Clerk To Attest Contract For Const. Neighborhood Site Improv. -Curb Ramp & Sidewalk Repair Program(Highland Neighbor.) 371-376 228 Res. Author. The Mayor To Sign & City Clerk To Attest Agreements Where City Will Acquire Certain Farm Tenancy Rights Held By Ray Lacina In Connection With South Branch Ralston Creek Stormwater Detention Project 377-401 229 Res. Author. The Execution Of The Urban Mass Transportation Capital Grant Contract 402-412 230 Res. Amending The Res. Of Necessity For The 1979 BDI Second Addition Improvement Project And Approv. Amended Preliminary Schedule 413-414 231 Res. Author. Mayor To Sign, City Clerk To Attest Agreement Between City & Business Devel. Inc. (BDI), Providing For Reimbursement To BDI Of Any Excess Funds Received By The City From The Special Assessment Levy For The 1979 BDI Sec nd Addition Improvement Project 415 232 Res. Engaging Auditor For Year Ending June 30, 1980 416-418 233 Res. Author. Mayor To Execute A Contract For Elderly Services In The Iowa City Area With Johnson County Elderly Services Agency 419-433 234 Res. Author. Agreement Between The City Of Iowa City & The Iowa City P lice Patrolmen's Association, To Be Effective July 1, 1980 Through June 30. 1981 BOOK 62 1980 RESOLUTIONS 235-252 Void 251 PAGE RES. # RES. TITLE DATE 434 235 Res. Of Approval Of Class C Beer Permit 7/01/80 Needs, 18 S. Clinton 435 236 Res. Approv. Class B Beer Permit, House Of Submarines, 12 S. Dubuque St. 436 237 Res. Approv. Class B Sunday Sales, House Of Submarines, 12 S. Dubuque St. 437 238 Res. Of Approval Of Class C Beer Permit 1st Ave. Kerr-McGee, 2229 Muscatine 438 239 Res. Of Approval Of Class C Sunday Sales, 1st. Ave. Kerr-McGee, 2229 Muscatine 439 240 Res. Of Approval Of Class C Beer Permit, Whiteway Super Market, 212 S. Clinton 440-442 241 Res. To Issue Cigarette Permits,81-48-110 443 242 Res. Setting Public Hearing On Plans, Specs., Form Of Contract For Construction Of The Mercer Park Concession/Restroom Building 444-448 243 Res. Fixing Date For Meeting On Proposition Of Issuance Of $2,570,000 G.O.Bonds Of Iowa City & Providing For Publication Of Notice Thereof 449-450 244 451 245 452-453 246 454-455 247 Res. Accepting The Work Curb Ramp Program 1979 Consider A Res. Approv. The Prel. & Final Plat Of The Resubdivision Of Braverman Center Parts 1 & 2 S-8002 Res. Author. An Extension Of Time For The Filing Of A Final Plat Of Village Green Part 10 For One Year Res. Approv. Plans, Specs., Form Of Co tract, Estimate Of Cost Construction Of The Lower City Park Bike Trail - FY81 456-459 248 Emergency Res. Author. Mayor To Sign & City Clerk To Attest To Agreement Between City & Iowa County, Iowa, Providing For The Disposal Of Solid Waste Matter In The City's Sanitary Landfill 460 249 Res. Awarding Contract & Author. Mayor To Sign & City Clerk To Attest Contract For Construction Of The Washington Street Bridge Deck Replacement (Inclusive Of Alternate 1 Plus Alternate 2 Items 461-462 250 Res. Author. Mayor To Sign & City Clerk To Attest Agreement Between City Of Iowa City & Iowa City Community School District To Provide For Employment & Payment Of School Crossing Guards 463-466 252 Res. Author. Mayor To Sign & City Clerk To Attest Amendment To The LSNRD Agreement Between The City & ACT mrorly,491VA 1980 RESOLUTIONS 253-266 PAGE RES.# RES. TITLE DATE 467-469 253 Res. Author. Execution Of Lease With 7/01/80 Johnson County Agricultural Assoc. 470-471 254 Res. Approv. Capital Improv. Program City Of Iowa City, FY 1981-1985 472-478 255 Res. Author. Mayor To Execute & City Clerk To Attest Seventh Amendment To Agree. With Veenstra & Kimm For Design & Preparation Of Specs. For Water Poll- ution Control Plant & Outfall Sewer 479 256 Res. Extending Deadline By Which The Reduction In Force In City Employment For FY81 Is To Be Achieved 480-483 257a Res. Author. Mayor To Execute Contracts In The Iowa City Area With The Rape Victim Advocacy Program 484-487 257b Res. Author. Mayor To Execute Contracts In The Iowa City Area With The Rape Victim Advocacy Program & The MidEastern Iowa Community Mental Health Center 488-491 258 Res. Author. Mayor To Execute Contracts For Emergency Assistance In The Iowa City Area With Iowa City Crisis Intervention Center 492-495 259 496-499 260 Res. Author. Mayor To Execute Contracts For Youth Services In The Iowa City Area With The Mayor's Youth Employment Program Res. Author. Mayor To Execute Contract For Youth Services In Iowa City With Iowa City Babe Ruth League 500-503 261 Res. Author. Mayor To Execute Contracts For Youth Services In The Iowa City, Iowa Area With The Pals Program Of Johnson County Extension Service 504-507 262 Res. Author. The Mayor To Execute Contract For Youth Services In Iowa City With Iowa City Boys' Baseball, Inc. 508-511 263 Res. Author. The Mayor To Execute Contract For Youth Services In Iowa City With Iowa City Girls' Softball 512-515 264 Res. Author. Mayor To Execute Contracts For Youth Services In The Iowa City Area With United Action For Youth 516-519 265 520 266 Res. Author. Mayor To Execute Contracts For Neighborhood Services In The Iowa City Area With Willowcreek Neighborhood Center Res. On Unclassified Salaries & Compensation For Fiscal Year 1981 Beginning July 1, 1980 BOOK 62 1980 RESOLUTIONS 267-284 PAGE RES. 11 RES.TITLE DATE 521 267 Res. Approv. Class C Liquor Control 7/15/80 License, VFW Post 112581, 1012 Gilbert Crt. 522 268 Res. To Issue Dancing Permit, VFW Post 112581, 1012 Gilbert Crt. 523 269 Res. Approv. Class C Liquor Control License Maxwell's, 121 E. College 524 270 Res. To Issue Dancing Permit, Maxwell's, 121 E. College St. 525 271 Res. Approv. Class B Beer Permit, The Best Steak House, 1 S. Dubuque 526 272 Res. Approv. Class B Sunday Sales, The Best Steak House, 1 S. Dubuque 527 273 Res. Approv. Class C Beer Permit, Discount Dan's Shell, 933 S. Clinton 528 274 Res. Approv. Class C Sunday Sales, Discount Dan's Shell, 933 S. Clinton 529 275 Res. Approv. Class C Beer Permit, Bill's I-80 DX, Rt.2, I-80 & Hwy. 1 530 276 Res. Approv. Class C Sunday Sales, Bill's I-80 DX, Rt.2, I-80 & Hwy. 1 531 277 Res. Approv. Class C Liquor Control License, The Field House, 111 E. College 532 278 Res. To Issue Dancing Permit, The Field House, 111 E. College 533 279 Res. Approv. Class C Liquor Control License, Tuck's Place, 210 N. Linn Street 534 280 Res. To Issue Cigarette Permits 81-111-129 535-536 281 Res. Accepting Work On The Modular Building Renovation -Division II,Jones Plumbing & Heat- ing, Inc. of Iowa City 537-538 282 Res. Accepting The Pavement & Storm Sewer Improv.(not to include Storm Water Detention) ACT Circle, Const. by Parkview Co. Iowa City 539 283 Res. Setting P.H. On Plans, Spec., Form Of Contract, Estimate Of Cost Const. The Civic Center Heating, Air Conditioning & Ventilating System 540-541 284 Res. Setting P.H. On Proposed Amendment To The Hold Harmless Entitlement Community Devel. Block Grant Prog. & Budget To Provide For The Conversion Of Properties In Downtown U.R. Proj. Area(Iowa R-14) To Underground Electrical Util. System, Direct. City Clerk Publish Notice Of Said Hearing, & Direct. The Director Of Plan- ning & Prog. Develop. To Place Info. RE Said Amendment On File For Public Inspection BOOK 62 1980 RESOLUTIONS 285— 297 PAGE RES.# RES. TITLE DATE 542 285 Res. Setting P.H. On Plans, Specs., 7¢15/80 Form Of Contract, Estimate Of Cost For Const. The 1979 BDI Second Addition Improv. 543-548 286 Res. Instituting Proceedings To Take Add- itional Action For The Issuance Of $2,570,000 G.O.B. 549-553 287 Res. Directing The Advertisement For Sale Of $2,570,000 G.O.B. 554 288 Res. Rescinding The Designation Of College Plaza Development Co. & High Country Corp. (A Joint Venture) As The Preferred Developer For Urban Renewal Parcel No. 64-1 In Down - Town Iowa City 555-557 289 Res. Designating Plaza Towers Associates As The Preferred Developer For UR Parcel No.64-1 In Downtown Iowa City 558-571 290 Res. Regarding Issuance Of Not To Exceed $7,500,000 Aggregate Principal Amt. of Indust- rial Develop. Revenue Interim Bonds (Towers Hotel Associates Proj.) & Not To Exceed $7,500,000 Aggregate Prin. Amt. Of Industrial Develop. Bonds (Towers Hotel Associates Proj.) Of The City Of Iowa City, Iowa & Authorizing Execution Of A Memorandum Of Agreement 572-585 291 Res. Regarding Issuance Of Not To Exceed $5,000,000 Aggregate Prin. Amt. Of Indus- trial Development Revenue Interim Bonds (Plaza Retail Associates Proj.) & Not To Exceed $5,000,000 Aggregate Principal Amt. Of Industrial Development Revenue Bonds (Plaza Retail Associates Proj.) Of The City Of Iowa City, Iowa & Authorizing Execution Of A Memorandum Of Agreement 586-589 292 Res. Accepting The 1980 Melrose Ave. Sanitary Sewer Extension Assessment Project 590 293 Res. Ordering Preparation Of Final Plat & Schedule Of Assessments For The 1980 Melrose Ave. Sanitary Sewer Extension Assessment Proj. 59,1-595 294 Res. Adopting & Levying Final Schedule Of Assessments For The 1980 Melrose Ave. Sanitary sewer Extension Assessment Project 596-601 295 Res. Author. Mayor To Execute & Clerk To Attest Agreement With IDOT To Repair Surface Grade RR Crossing AT Highway 6 By -Pass In Iowa City, Iowa 602-610 296 Res. Awarding Contract & Author. Mayor To Sign & City Clerk To Attest Contract For Const. Of The FY81 Asphalt Resurfacing Proj. (Inclusive Of Division I & II), L.L. Felling Co., Inc. Of Iowa City 611-612 297 Res. Establishing Amt. Of Bid Security To Accompany Each Bid, Directing City Clerk To Publish Notice To Bidders, & Fixing Time & Place For Receipt Of Bids For The Construc- tion Of 1979 BDI Second Addition Improv. BOOK 62 1980 RESOLUTIONS 298-315 Void 11316 PAGE RES.# RES. TITLE DATE 613-619 298 Res. Author. Execution Of An Agree- 7/15/80 ment For Commitment To The Reorgan- ization & Establishment Of The Johnson County Council Of Governments & The Fin- ancial Support Thereof 620-621 299 Res. Estab. Fee For Certain Services Per- formed By Iowa City Police Dept. & Iowa City Animal Shelter & Repealing Those Res. Inconsistent With Established Fees 622-623 300 Res. Reserving Designated Parking Space For Johnson County Ambulance Service 624 301 Res. Amending The Number Of Authorized Full -Time Permanent Positions In The Parking Systems 625 302 Res. approv. Class C Beer Permit, 7/29/80 The Salad Bowl, Inc., 701 E. Daven- port St. 626 303 Res. Approv. Class C Sunday Sales, The Salad Bowl, Inc., 701 E. Daven- port St. 627 304 Res. Approv. Class C Beer Permit, Osco Drug, Inc., 120 E. College 628 305 Res. Approv. Class C Liquor License, Senor Pablos LTD., 830 1st Avenue 629 306 Res. Approv. Class C Sunday Sales, 830 1st Avenue 630 307 Res. Approv. Class C Liquor License, Applegate's Landing, 1411 S. Gilbert 631 308 Res. Approv. Class C Beer Permit, Quik Trip 41539, 301 Market 632 309 Res. Approv. Class C Sunday Sales, Quik Trip 41539, 301 Market 633 310 Res. Approv. Class C Beer Permit, St. Mary's Roman Catholic Church, 2150 Rochester Ave. 634 311 REs. Approv. Class C Sunday Sales, St. Mary's Roman Catholic Church, 2150 Rochester Ave. 635-636 312 Res. Approv. Cigarette Permits, 81-130-135 637 313 Res. Approv. Class C Sunday Sales, Apple - gate's Landing, 1411 S. Gilbert St. 638 314 Res. Setting P.H. For City's Fifth Year & Cumulative Hold Harmless Entitlement CDBG Grantee Performance Report, Directing City Clerk To Publish Notice & Directing PPD Dir. To Place Information Regarding Said Report On File For Public Inspection 639-640 315 Res. Setting P.H. On Disposition Of Public Property BOOK 62 1980 RESOLUTIONS PAGE RES.# 317- 332 RES. TITLE DATE 5-41-652' 317 Res. Regarding Issuance Of Not To 7/29/80 Exceed $1,800,000 In Aggregate Princ. Amount Of Industrial Devel. Revenue Interim Bonds(Younker's Inc.Proj.) & Not To Exceed $1,800,000 In Aggregate Princ. Amt. Of IDRB(Younker's Inc.Proj.) Of the City Of Iowa City, Iowa, Direct. Publication Of Notice Of Intention To Issue, Calling P.H. On Proposal To Issue Said Bonds & Author. Exectution Of A Memo. Of Agreement. 653-654 318 Res. Approv. Prel. & Final LSRD For Riverside Court Apts. 655-656 319 Res. Approv. Prel. & Final LSRD Plans For Arbor Hill- Phase TWo, Iowa City, Iowa 657-658 320 Res. Approv. Plans, Specs., Form of Contract, & Estimate Of Cost For Construction Of 1979 BDI Second Addition Improvements 659-660 321 Res. Approv. Plans, Specs., Form of Contract & Estimate Of Cost For Construction Of The Renovation Of Air Conditioning & Heating Systems At Civic Center Building 661-673 322 Res. Author. Execution Of Contract, HLM Engineers, Inc., Professional Consulting Services Regarding Undergrounding Of Utilities Project In Central Business Dist. 674-684 323 Res. Awarding Contract & Author. Mayor To Sign & City Clerk To Attest Contract For Construction Of Lower City Park Bike Trail- FY81 685-687 324 Res. Author. Mayor To Execute & City Clerk To Attest Third Renewal Of A 28E Agree. Between Iowa City & Jo. Co. For Transit Services 688 325 Res. Amending The Purchasing Manual 689-693 326 Res. Directing Sale of $2,570,000 GOB 8/06/80 694 327 Res. Of Approv. Class A Liquor Control 8/12/80 License, Loyal Order Of Moose 41096, 2910 Muscatine Ave. 695 328 Res. To Issue Dancing Permit, Loyal Order Of Moose #1096, 2910 Muscatine Ave. 696 329 Res. Of Approv. Class C Beer, Hy -Vee #2, 310 N. 1st Avenue 697 330 Res. Of Approv. Class C Sunday Sales, Hy - Vee #2, 310 N. 1st Avenue 698 331 REs. Of Approv. Of Class C Beer, Hy -Vee #1 & Drugtown #1, 501 Hollywood Blvd., 521 Hollywood Blvd. 699 332 Res. Of Approv. Class C Sunday Sales, Hy -Vee 441 & Drugtown #1, 501 & 521 Hollywood Blvd. BOOK 62 1980 RESOLUTIONS 333 - 349 PAGE RES.# RES. TITLE DATE 700 333 Res. Approv. Class C Liquor Control License 8/12/80 George's Buffet, 312 Market 701 334 Res. Approv. Class C Beer, John's Grocery, Inc., 401 E. Market 702 335 Res. Approv. Class C Sunday Sales, John's Grocery, Inc., 401 E. Market 703 336 Res. Approv. Class C Liquor Control License Joe's Place, 115 Iowa Ave. 704 337 Res. Approv. Class C Liquor Control License, Plamor Bowling, Inc., 1555,1st. Ave. 705 338 Res. Approv. Class C Sunday Sales, Plamor Bowling, Inc., 1555 lst. Ave. 706 339 Res. Approv. Class B Beer, Pizza Hut, 1921 Keokuk St. 707 340 Res. Approv. Class B Sunday Sales, Pizza Hut, 1921 Keokuk St. 708 341 Res. Approv. Class C Liquor Control License, Burt's Lounge, 1310 Highland Ct. 709-710 342 Res. Setting P.H. For Sale Of Real Property Owned By City Of Iowa City, Located In Block Two Of Cook, Sargent & Downey's Addition(West Of Gilbert St. & South Of Kirkwood Ave.)Hy-Vee 711 343 Res. Setting P.H. On Plans, Specs., Form Of Contract, etc., CBD Streetscape Improv. Proj. Phase II -C 712-713 344 Res. Annexing Certain Described Real Estate To City Of Iowa City, Ia.(Wayne Waters) 714-716 345 Res. Author. Mayor To Sign & City Clerk To Attest Quit Claim Deed Whereby City Shall Convey A Parcel Of Land Retaining A Permanent Sewer Ease- ment In Exchange For Acquisition Of A Parcel Of Land From Thomas R. & Marilyn J. Alberhasky In Furtherance Of First Ave. Realignment In Iowa City. 717-720 346 Res. Author. Mayor To Execute & City Clerk To Attest Agree. W/Robert W. Stevens, Providing For Installation Of Stormwater Drainage System In Settlement Of The Judgement In Stevens vs. Iowa City 721-722 347 Res. Amending Number Of Author. Permanent Positions In The Finance Department 723-749 348 Res. Adopting Supplement No. Five To The Code Of Ordinances Of The City Of Iowa City, Iowa 750-751 349 Res. Author. City Mgr. To Sign & City Clerk To Attest Contract For The Acquisition Of Real Prop- erty For The Lower Ralston Creek Neighborhood Revitalization Proj.(Parcel #8 Owned By John Gillispie) BOOK 62 1980 RESOLUTIONS 350 - PAGE RES.# RES. TITLE DATE 752-754 350 Res. Establishing Just Compensation For 8/12/80 Acquisition Of Real Property For Phase II Of Lower Ralston Creek Neighborhood Revital- ization Proj.(Parcels 9, 11, 14, & 15) 755 351 Res. Author. City Mgr. To File An Amendment To The Hold Harmless Entitlement Community Development Block Grant Program & Budget To Provide For The Conversion Of Buildings In The Downtown Urban Renewal Proj. Area(Iowa R-14) To An Underground Electrical Utility System 756-776 352 Res. Author. City Mgr. To Execute A Contract W/Iowa Department Of Transportation, To Obtain Section 18 Funding (UMTA) 777-795 353 & 354 Res. Awarding Of Contract (Metro Pavers, Inc.) 1979 BDI Second Addition Improvements Res. Approving Contract & Bond (Metro Pavers, Inc.) 1979 BDI Second Addition Improvements I BOOK 63 1980 RESOLUTIONS 355-370 PAGE RES.# RES. TITLE DATE 796 355 Res. Approving Class C Liquor Control 8/26/80 License, Deadwood, Inc., 6 S. Dubuque St. 797 356 Res. Approving Class B Liquor Control License, Highlander Inn & Supper Club, Route #2 798 357 Res. Approv. Class B Sunday Sales, High- lander Inn & Supper Club, Route #2 799 358 Res. To Issue Dancing Permit, Highlander Inn & Supper Club, Route #2 800 359 Res. Approv. Class C Liquor Control License, The Art Gallery, 1200 Gilbert Ct. 801 360 Res. To Refund A Portion Of Class C Liquor License Fee, The Greenery, 11 S. Dubuque St. 802 361 Res. To Issue Cigarette Permits, Sheller Globe Corp., Yen Ching, The Crow's Nest 803 362 Res. Of Approv. Of Class C Beer Permit, Fair- child's, 105 E. Burlington 804 363 Res. Of Approv. Of Class C Sunday Sales, Fair- child's, 105 E. Burlington 805 364 Res. Approv. Class C Liquor Control License, Micky's, 11 S. Dubuque St. 806 365 Res. To Refund Cigarette Permit, Yen Ching Restaurant, 1515 Mall Dr. 807 366 Res. Setting P.H. On Plans, Spec., Form Of Contract, Estimate Of Cost For Construction Court& Corridor For The Downtown Parking Facility Ramp A 808-902 367 Res. Regarding Issuance OfNot To Exceed $5,500,000 (808-830) In Aggregate Principal Amount Of Industrial error in Devel. Revenue Bonds(Thomas & Betts Corp.) Of numbering The City Of Iowa City, Iowa, Directing Publication Of Notice Of Intention To Issue, Calling A P.H. On The Proposal To Issue Said Bonds And Author. Execution Of A Memorandum Of Agreement. 903-904 368 Res. Setting P.H. On Disposition Of Public Prop. (vacate blk. College St. b/Capitol & Madison) 905-920 369 Res. Relating To The Holding Of A P.H. & Approv. Proceeding With The Issuance & Sale of Not To Exceed $1,800,000 Aggregate Principal Amount Of Industrial Devel. Revenue Interim Bonds (Younkers, Inc. Project) And Not To Exceed $1,800,000 In Aggregate Principal Amount Of Industrial Develop. Revenue Bonds (Younkers, Inc. Project), Of The City Of Iowa City, Iowa 921-922 370 Res. Approv. Plans, Spec., Form Of Contract, Estimate Of Cost For Construction Of The CBD Streetscape Improv. Proj. Phase II -C BOOK 63 1980 RESOLUTIONS 371-382 PAGE RES.# RES. TITLE DATE 923 371 Res. Approv. Plans & Specs., For Const. 8/26/80 Of The Jo. Co. Home Trunk Sewer 924-925 372 Res. Approv. Plans, Specs., Form Of Contract And Estimate Of Cost For Construction Of The Mercer Park Concession/Restroom Building 926-927 373 Res. Rejecting Bids Taken August 19, 1980 And Directing City Clerk To Publish New Notice To Bidders And Fixing Time And Place For Receipt Of Bids For The Const. Of The Renovation Of Air Conditioning And Heating Systems At Civic Center 928 374 Res. Directing The Placement Of An Island In The West End Of The 200 Blk. Of Harrison St. Upon Which A Driver Side Convenience Mailbox Can Be Installed 929-931 375 Res. Rescinding Established Just Compensation For The Acquisition Of Parcel No. 14 In Lower Ralston Creek Neighborhood Revitalization Proj. And Reestablishing Just Compensation For Parcel No. 14 932 376 Res. Author. Filing A Fifth Year & Cumulative Grantee Performance Report For The Hold Harm- less Entitlement Community Devel. Block Grant Program, & Directing The Director Of Planning & Program Development To Continue The Submission Process By Completing The A-95 Review & Submit- ting The Report To The Dept. Of Housing And Urban Development 933-934 377 Res. Author. Filing Of A Community Devel. Block Grant/Metro Entitlement Application In The Amt. $770,000 Under The Housing & Community Develop. Act Of 1974, As Amended, Including All Under- standings & Assurances Contained Therein And Designating The City Manager As The Authorized Chief Executive Officer For The Grant 935-937 378 Res. Author. Mayor To Execute & City Clerk To Attest Amendment One To The Agreement With Out Of Danger, Inc., DBA Aid And Alternatives For Victims Of Spouse Abuse, For The Use Of Comm- unity Develop. Block Grant Funds To Acquire, Rehabilitate, And Utilize A Shelter For Victims Of Spouse Abuse 938-949 379 Res. Author. And Providing For The Issuance Of $2,570,000 General Obligation Bonds And Levying A Tax To Pay Said Bonds 950-951 380 Res. Declaring Taht Public Convenience And Neces- sity Requires Issuance Of Certain Taxi -Cab Certif- icates 952 381 Res. Accepting The Work Completing The Governor Robert Lucas Square And Fountain Project 953-954 382 Res. Reclassifying Two Permanent Full -Time Positions In the Human Relations Department BOOK 63 1980 RESOLUTIONS 383-401 Res. Author. Execution Of An Agreement With The PAGE RES.# RES. TITLE DATE 955-956 383 Res. Establishing Building Permit Fees For 8/26/80 Offers To Purchase Land For Private Redevelopment 1009 The Uniform Building Code Of The City Of Various Purchases In Accordance With Annual Operat- Iowa City ing Budget & To Execute Contracts For Public Improve- 957 384 Res. Approv. Class B Beer Permit, Ken's 9/9/81 Does Not Exceed The Sum Of $25,000 1010 Pizza, 1950 Lower Muscatine 958 385 Res. Approv. Class B Sunday Sales, Ken's Highway 6 West 1011 399 Pizza, 1950 Lower Muscatine 959 386 Res. To Issue Cigarette Permit, The Art Gallery, Bottle, 114 S. Clinton 1200 Gilbert Crt. Res. Approv. Class C Sunday Sales, The Brown 960 387 Res. Approv. Class C Beer -Wine Permit, Bush- nell's Turtle, 127 College St. 961-962 388 Res. Author. Mayor To Execute, City Clerk To Attest Quit Claim Deed Conveying Vacated College St. Block To State Of Iowa 963-964 389 Res. Approv. Plans, Specs. Etc. For Construction The Court And Corridor For Downtown Parking Facility -Ramp A 965 390 Res. Approv. Amended Articles Of Agreement Of The Johnson County Council Of Governments 966 391 Res. Establishing Membership In The Johnson County Council Of Governments 967-972 392 Res. Approv. Official Municipality Report For Municipal Streets And Parking For FY1980 973-975 393 Res. Author. Mayor To Execute, City Clerk To Attest Renewal Agreement With A Better Cab Co. Taxi Service Supplemental To Seats Program 976-977 394 Res. Re Request By Hawkeye Cablevision, Inc., For Extension Of The April 18, 1980 Deadline For Twenty -Five Percent Availability Of Service 978-981 395 Res. Author. Execution Of An Agreement With The City Of Hill, Iowa, Concerning The Annexation Of Railroad Right -Of -Way 982-1008 396 Res. Author. & Directing The Solicitation Of Offers To Purchase Land For Private Redevelopment 1009 397 Res. Author. City Mgr. To Execute Contracts For Various Purchases In Accordance With Annual Operat- ing Budget & To Execute Contracts For Public Improve- ments When The Total Cost Of Such Public Improvement Does Not Exceed The Sum Of $25,000 1010 398 Res. Approv. Class C Liquor License, Time 9/16/80 Out Restaurant & Coaches Corner Lounge, 1220 Highway 6 West 1011 399 Res. Approv. Class C Sunday Sales, Time Out Restaurant & Coaches Corner, 1220 Highway 6 W 1012 400 Res. Approv. Class C Liquor License, The Brown Bottle, 114 S. Clinton 1013 401 Res. Approv. Class C Sunday Sales, The Brown Bottle, 114 S. Clinton G BOOK 63 1980 RESOLUTIONS 402-422 PAGE RES. # RES. TITLE DATE 1014 402 Res. Approv. Class C Beer Permit, Kirkwood 9/16/80 Res. Approv. Class C Liquor License, Felix 76, 300 Kirkwood Ave. 1015 403 Res. Approv. Class C Sunday Sales, Kirkwood Res. Approv. Class C Sunday Sales, Felix & 76, 300 Kirkwood Ave. 1016 404 Res. To Refund Beer Permit, Bushnell's Res. To Issue Cigarette Permits, U Of I Football Turtle, 127 College St. 1017 405 Res. To Refund Portion Of Class C Liquor Res. Accepting Work For FY81 Asphalt Resur- License, Burt's Lounge, 1310 Highland Ct. 1018 406 Res. Rejecting Bids And To Publish New Notice Res. Accepting Work For The Neighborhood Site CBD Streetscape Proj. Phase II -C 1019-1020 407 Res. Author. Filing Application W/EPA For Grant Program (Highland Neighborhood) 1054-1055 Under Water Pollution Control Act 1021 408 Res. Author. Execution Of Amendment To Contract First Addition 1056-1057 W/Veenstra & Kimm, Inc. 1022 409 Res. Amending Number Of Authorized Positions In The Finance Department 1023 410 Res. Amending Classification Plan For Class- ified Personnel By Reinstating A Position Of Housing Inspector Until January 1, 1981 1024-1040 411 Res. Author. Mayor To Execute And City Clerk To Attest Contract W/Iowa State Historical Department, Division Of Historic Preservation 1041-1042 412 Res. Author. & Directing City Clerk To Publish Notice Of Intent To Accept A Proposal To Purchase And Redevelop Certain UR Property From Plaza Towers Associates 1043-1044 413 Res. Establishing Just Compensation For The Acquisition Of Real Property For Phase II Of The Lower Ralston Creek Neighborhood Revitalization Project (Parcel No. 12) 1045 414 Res. Approv. Class B Beer Permit, God- 9/23/80 father's Pizza, 531 Hwy.l West 1046 415 Res. Approv. Class B Sunday Sales, God- father's Pizza, 531 Hwy 1 West 1047 416 Res. Approv. Class C Liquor License, Felix & Oscar's, 5 South Dubuque St. 1048 417 Res. Approv. Class C Sunday Sales, Felix & Oscar's, 5 South Dubuque St. 1049 418 Res. To Issue Cigarette Permits, U Of I Football Stadium, Micky's, 11 S. Dubuque 1050-1051 419 Res. Accepting Work For FY81 Asphalt Resur- facing Proj.; LL Pelling Co. Inc. 1052-1053 420 Res. Accepting Work For The Neighborhood Site Improvements - Curb Ramp & Sidewalk Repair Program (Highland Neighborhood) 1054-1055 421 Res. Accepting Sanitary Sewer In Barker's First Addition 1056-1057 422 Res. Accepting Work For The Lower City Park Bike Trail FY81 BOOK 63 1980 RESOLUTIONS 423-439 Res. Author. Mayor To Sign City Clerk To Attest PAGE RES. # RES. TITLE DATE 1058-1059 423 Res. Approv. LSNRD Plan, Thomas & Betts 9/23/80 1060-1072 424 Res. Relating To The Holding Of A Public Hearing & Approv. Proceeding W/Issuance & Sale Of Not To exceed $5,500,000 Aggregate Principal Amt. Industrial Development Revenue Bonds(Thomas & Betts Corp. Proj.) Of The City Of Iowa City, Iowa 1073-1076 425 Res. Author. Mayor To Sign & City Clerk To Attest A Lease B/City Of Iowa City & Washington Park, Inc. For The Davis Bldg., 601 S. Gilbert St. Iowa City, Iowa 1077-1083 426 Res. Awarding Contract For Motor Vehicle Towing & Storage Services To Gordon Russell Enterprises dba Russell's Towing Service 1084 427 Res. Rejecting Bids Received On Sept.16, 1980, For Mercer Park Concession/Restroom Building 1085-1091 428 Res. Author. Mayor To Sign City Clerk To Attest A Joint Maintenance Agree. w/The Ecumenical Housing Corporation 1092-1093 429 Res. Author. Mayor To Sign City Clerk To Attest Agreement Extending The Closing Date Of The Real Estate Contract B/The City Of Iowa City And The Ecumenical Housing Corporation 1094-1095 430 Res. Establishing Time & Place Of Meetings Of The City Council Of Iowa City, Iowa 1096-1097 431 Res. Amending The Classification Plan For Classified Personnel In The Recreation Dept. 1098-1099 432 Res. Amending The Annual Budget For Fiscal Year Ending June 30, 1981 1100 433 Res. Author, Placement Of Four -Way Stop Sign At Intersection Of Melrose Court & Brooklyn Park Drive In Iowa City, Iowa 1101 434 Res. Approv. Class C Beer Permit, Quik Trip 9/30/8 #503, 123 W. Benton 1102 435 Res. Approv. Sunday Sales, Quik Trip #503, 123 W. Benton 1103 436 Res. To Refund Portion Beer Permit, St. Mary's Roman Catholic Church, 2150 Rochester Ave. 1104 437 Res. Setting Public Hearing On Disposition Of Public Property 1105-1107 438 Res. Author. Mayor To Execute And City Clerk To Attest An Indemnification Agreement With Davis, Hockenburg & Wine Law Firm, Des Moines, Iowa 1108-1112 439 Res. Approving Preliminary And Final Plat Of Empire Addition L BOOK 63 1980 RESOLUTIONS 440- 454 PAGE RES.# RES. TITLE 1113 440 Res. Approv. Class B Beer Permit, Canton House, 713-715 S. Riverside Dr. 1114-1115 441 Res. Approv. Class B Sunday Sales, Canton House, 713-715 S. Riverside Dr. 1116 442 Res. Approv. Class C Beer Permit, Watt's Food Market, 1603 Muscatine Ave. 1117 443 Res. To Refund Portion Cigarette Permit, The Nickelodeon, 208 N. Linn St. 1118 444 Res. Approv. Class B Beer Permit, Pizza Hut, 1921 Keokuk St. 1119 445 Res. Approv. Class B Sunday Sales, Pizza Hut, 1921 Keokuk St. DATE 10/7/80 1120 446 Res. Approv. Class C Sunday Sales, The Breadline, 325 E. Washington 1121-1122 447 REs. Setting P.H. For Sale Of Real Property Owned By City Of Iowa City, Located In East Iowa City (Vacated F St. R.O.W. b/Muscatine Aven. & 3rd St.) 1123-1124 448 Res. Accepting The Work For The Neighborhood Site Improv. - Sidewalk Repair Prog. (North- side & Hickory Hill Neighborhoods) 1125-1127 449 Res. Establishing Just Compensation For The Acquisition Of Real Property For Phase II Of The Lower Ralston Creek Neighborhood Revital- ization Proj.(Parcels 10 & 13) 1128-1130 450 Res. Author. City Mgr. To Sign & City Clerk To Attest Contract For Acquisition Of Real Property For Lower Ralston Creek Neighbor- hood Revitalization Proj. (parcel X112 owned by Dewey & Lorraine Petersen) 1131-1133 451 Res. Author. City Mgr. To Execute An Agree- ment To The City's UMTA Section 18 Contract, Adding New Language Re Minority Business Enterprise (MBE) And Women's Business Enter- prise (WBE) Participation 1134-1136 452 Res. Awarding Contract & Author, Mayor To Sign & City Clerk To Attest Contract For The Const. Of The Renovation Of Air Conditioning & Heating Systems At The Civic Center Bldgs. 1137-1139 453 Res. Award. Contract & Author. Mayor To Sign & City Clerk To Attest Contract For The Const. Of The Court & Corridor For The Downtown Park- ing Facility Ramp A, Block 83/84 Iowa City, Ia. 1140-1143 454 Res. Award. Contract & Author. Mayor To Sign & City Clerk To Attest Contract For Const. Of The CBD Streetscape Improv. Proj. Phase II -C BOOK 63 1980 RESOLUTIONS 455-458 PAGE RES.# RES. TITLE DATE 1144-1149 455 Res. Author. The Execution Of A Memorandum 10/7/80 Of Agreement w/Stephens Of Iowa City, Inc. 1150-1156 456 Res. Fixing A Date For Hearing On Proposed Industrial Develop. Revenue Bonds(Stephens Proj.) 1157-1163 457 Res. Author. Execution Of Water Main Extension Agreements w/ Braverman Development. Inc. 1164-1170 458 Res. Author. Execution Of Water Main Extension Agreements w/Paul Jr. and Mary Kennedy BOOK 64 1980 RESOLUTIONS 509- 520 PAGE RES. 11 RES. TITLE DATE 1425-1431 509 Res. Author. Execution Of Memorandum Of 11/18/8C Agreement With Michael J'S Inc. 1432-1438 510 Res. Setting Public Hearing On Proposed Industrial Development Revenue Bonds (Michael J'S Inc.) 1439-1445 511 Res. Author, Execution Of Memorandum Of Agree- ment With Lenoch & Cilek, Inc. 1446-1452 512 Res. Setting Public Hearing On Proposed Indust- rial Development Revenue Bonds (Lenoch & Cilek, Inc.) 1453-1455 513 Res. Accepting Gilbert St. Improvements 12/2/80 Metro Pavers, Inc. Iowa City, Iowa 1456-1457 514 Res. Accepting Work For Sturgis Ferry Boat Ramp, Sulzberger Excavating, Inc. Muscatine, Ia. 1458-1459 515 Res. Accepting Work For Washington St. Bridge Deck Replacement, Oliphant Engineering And Construction, Toddville, Iowa 1460-1461 516 Res. Declaring Public Convenience And Necessity Requires Issuance Of Certain Taxi -Cab Certificates. 1462-1464 517 Res. Author. Mayor To Sign, City Clerk To Attest Certificate Of Completion For UR Parcel 103-3 (Capitol States Associates) 1465-1468 518 Res. Directing Delivery Of Construction Warrants In Payment Of Contract, Metro Pavers, Inc. 1469-1474 519 Res. Author. Execution Of An Agreement Between JCCOG, City Of Iowa City, Johnson County Im- plementing Reorganization & Providing For The Delivery Of Planning Services By JCCOG 1475-1476 520 Res. Accepting Work For The Downtown Parking Facility Parking Ramp A, Blk. 83/84 BOOK 64 1980 RESOLUTIONS PAGE RES.# 1307-1308 491 1309 492 1310-1311 493 1312-1316 494 1317-1318 495 491-508 RES. TITLE Res. Accepting The Work For Neighborhood Site Improv. Sidewalk Repair Program Res. Repealing Res. 78-230 Which Prohibited Travel To States Which Had Not Ratified The Equal Rights Amendment DATE REs. Approv. Plans, Specs. For Construction Iowa City Dowtown Electrical Revisions, PhaseI REs, Approv. FY82,83,84,85,86 Official Report Municipalities For Street Const. Program From July 1, 1981 to June 30, 1986 Res. Approv. Further Elements Of Prel. Design Plans For Signage For Old Capitol Center (UR Parcels 83-1 and 84-1) 1319-1322 496 Res. Author. City Mgr. To Enter Into An Agree- ment w/von Briesen & Redmond, SC, For Labor Negotiation Services 1323-1347 497 Res. Author. Mayor To Sign, City Clerk To Attest Agreements w/IDOT To Provide Transit Capital & Operating Assistance For FY81 1348-1352 498 Res. Directing Delivery Of Construction Warrants In Payment Of Contract - John Nolan, Atty. For Continental Insurance Co. As Surety of Cedar Hills Contractors 1353-1363 499 Res. Author. Execution Of Contract For Design Services For Lower Ralston Creek Improv. Proj. Shoemaker & Haaland Professional Engineers 1364-1379 500 Res. Author. Execution Of Contract For Design Services For Lower Ralston Creek Improv. Proj. Shive-Hatter & Associates 1380-1381 501 1382 502 1383-1389 503 1390-1396 504 1397-1403 505 1404-1410 506 1411-1417 507 1418-3-#2? 508 IYA3 REs. Author. Sale Of Real Property Located In Blk. Two Of Cook, Sargent & Downey's Addition (West Of Gilbert St. & South Of Kirkwood Ave.) Res. Author. Amendments To The Fifth Year Hold - Harmless CDBG Budget Res. Author, Execution Of A Memorandum Of Agree- ment With Rosja, LTD. REs. Setting Public Hearing On Proposed Industrial Development Revenue Bonds (Rosja, LTD.) Res. Author. Execution Of Memorandum Of Agree- ment With Cards Et Cetera. LTD. Res. Setting Public Hearing On Proposed Industrial Development Revenue Bonds (Cards Et Cetera, LTD.) Res. Author. Execution Of Memorandum Of Agree- ment With Mark Henri Ltd. Of Iowa City Res. Setting Public Hearing On Proposed Industrial Development Revenue Bonds (Mark Henri LTD. Of Iowa City) BOOK 64 1980 RESOLUTIONS PAGE RES.# 1228-1229 475 1230 476 475- 490 RES. TITLE DATE Res. Approv. The Prel. Design Plans For 10/21/80 Landscaping & Signage For Old Capitol Center (Urban Renewal Parcels 83-1 & 84-1) Res. To Issue Dancing Permit, The Art Galleryll/4/80 1200 Gilbert Street 1231 477 Res. To Issue Cigarette Permits, Iowa City American Legion Post #17, American Legion Rd. 1232 478 Res. Setting Public Hearing On Plans, Specs., Form Of Contract & Estimate Of Cost For The Const. Of The Iowa City Downtown Electrical Revisions, Phase I 1233-1237 479 Res. To Proceed With The Issuance And Sale Of Industrial Development Revenue Bonds (Stephens Project) In An Aggregate Principal Amount Not To Exceed $100,000 1238-1239 480 Res. Amending The Classification Plan For Class- ified Personnel By The Creation Of A Position 1240-1245 481 Res. Authorizing Execution Of An Agreement For A Water Main Extension With Mabel Conklin Woods 1246-1253 482 Res. Rescinding Res. No. 80-473 And Authorizing The Disposition Of Public Property At 916 S. Dubuque Street, 926 S. Dubuque St., and 930 S. Dubuque Street, Iowa City, Iowa By Public Auction 1254 483 Res. Adopting Supplement Number Six To The Code Of Ordinances Of The City Of Iowa City, Iowa 1255 484 Res. Setting Parking Rates For The Iowa City Parking System 1256 485 Res. Amending The Number Of Authorized Positions In The Finance Department 1257-1258 486 Res. Authorizing The Sale Of Real Property Owned By The City Of Iowa City And Located In Blocks 25 & 26 Of East Iowa City (Vacated F Street R.O.W. Between Muscatine Avenue And 3rd Street) 1259-1294 487 Res. Authorizing The Mayor To Sign & The City Clerk To Attest A Contract For The Sale Of Land For Private Redevelopment By And Between The City Of Iowa City And Plaza Towers Associates (UR Parcel No. 64-1) 1295-1304 488 Res. Approving The Prel. Design Plans For Re- development On UR Parcel No. 64-1 1305 489 Res. To Refund Cigarette Permit, Cheker- 11/18/80 Imperial Oil Co., 1854 S. Riverside Dr. 1306 490 Res. To Issue Cigarette Permit, Revco Discount Drug Center No. 3019, 1101 s. Riverside Dr. BOOK 64 1980 RESOLUTIONS 459-474 PAGE RES.# RES. TITLE DATE 1171 459 Res. Approv. Class C Liquor License, 10/21/80 Bart's Place, 826 S. Clinton 1172 460 Res. Accepting Work For FY81 Landfill Excavation Proj., Barkers, Inc. 1173-1174 461 Res. Accepting The North Dodge St. Court Sanitary Sewer Extension, Drake Const., Inc. Of Winterset, Iowa 1175-1178 462 Res. Setting P.H. Nov. 4, 1980, On Proposed Amendments To The 5th Year Hold -Harmless Comm. Development Blk. Grant Budget, Directing City Clerk To Publish Notice 1179-1181 463 Res. Approv. Prel. Plat, PAD, LSRD, Part VIII, Court Hill -Scott Blvd. Addition To Ia. City,Ia. 1182-1184 464 Res. Amending The Procedure For Approv. Liquor Control Licenses & Beer Permits & Approv. Re- funds Of License Fees 1185-1188 465 Res. Author. City Mgr. To Sign, City Clerk To Attest Agreement b/City Of Iowa City & City Of Coralville For Joint Acquisition Of Transit Equipment 1189-1190 466 Res. Opposing The Calling Of A Constitutional Convention & Opposing An Amendment Which Places Limits On State & Local Revenue 1191-1197 467 Res. Author. Execution Of An Agreement For San- itary Sewer Extension w/Willa J. & Catherine A. Dickens 1198-1202 468 Res. Directing The Delivery Of Construction Warrants In Payment Of Contract 1203-1208 469 Res. Author. An Amendment To The Prel. Loan Contract, Public Housing Proj. IA 22-3 1209-1210 470 Res. Establishing Just Compensation For The N. Branch Ralston Creek Stormwater Detention Project 1211-1213 471 Res. Author. City Mgr. To Sign, City Clerk To Attest Contract For The Acquisition Of Real Property For The Lower Ralston Creek Neighbor- hood Revitalization Proj. (Parcel 2 Owned by Phil Cary) 1214-1216 472 Res. Author. The Disposition Of Public Prop- erty At 916 S. Dubuque, 926 S. Dubuque, 930 S. Dubuque St., Iowa City, Iowa 1217-1218 473 Res. Author. City Mgr. To Execute An Agreement For Sale Of Three Houses & Two Garages In The Lower Ralston Creek Neighborhood 1219-1227 474 Res. Adopting An Industrial Revenue Bond Policy For The City Of Iowa City, Iowa BOOK 65 1980 RESOLUTIONS 521-538 PAGE RES.# RES. TITLE DATE 1477-1478 521 Res. Accepting Paving, Storm Sewer, 12/16/80 Sanitary Sewer Macbride Addition, Part III 1479-1480 522 Res. Accepting Paving & Storm Sewer Re- subdivision Portions Blocks 5 & 6 Braverman's Center, Parts 1 & 2 1481-1482 523 Res. Accepting Grading, Sewer For South Branch Detention Structure 1483-1487 524 Res. To Proceed With Issuance & Sale Of Ind. Develop. Revenue Bonds, Michael J's Inc. 1488-1492 525 Res. To Proceed With Issuance & Sale Of Ind. Develop. Revenue Bonds, Mark Henri Ltd. 1493-1497 526 Res. To Proceed With Issuance & Sale Of Ind. Develop. Revenue Bonds, Rosja, Ltd. 1498-1502 527 Res. To Proceed With Issuance & Sale Of Ind. Develop, Revenue Bonds, Cards et cetera,Ltd. 1503-1507 528 Res. To Proceed With Issuance & Sale Of Ind. Develop. Revenue Bonds, Lenock & Cilek, Inc. 1508-1511 529 Res. To Certify An Agreement W/City Of Hills, Ia. 1512-1515 530 REs. Delivery Constr. Warrants, Shive-Hattery 1516-1520 531 Res. City Mgr. To Submit Application For Part- icipation In Neighborhood Statistics Program Of U.S. Bureau Of The Census 1521-1523 532 Res. Contract For Acquisition Real Property For L. Ralston Creek Neighborhood Revitalization Proj. (Parcel 9 Owned By Benjamin Rittgers) 1524-1525 533 Res. Accepting Pavement & Storm Sewer, BDI 12/30/81 Special Assessment Proj; Metro Pavers, Inc. 1526-1527 534 Res. Setting P.H. On Proposed Conveyance Of Real Property Owned By City(Portion Of Vacated Sand Lake Drive) 1528-1530 535 Res. Amendment Two To The Agree. W/Out Of Danger, Inc., DBA Aid & Alternatives For Victims Of Spouse Abuse; Use Of CDBG Funds To Acquire, Re- habilitate & Utilize Shelter 1531-1532 536 Res. Approving Final Element Of Prel. Design Plans For Sinage For Old Capitol Center (UR Parcels 83-1 And 84-1) 1533-1538 537 Res. Agreement W/DBL Partnership Re. Access To Scott Boulevard 1539-1555 538 Res. Execution Of Substituted Prel. Loan Contract & Issuance Of Substituted Prel. Notes BOOK 65 1980 RESOLUTIONS PAGE RES. # 539-540 RES. TITLE L` DATE 1556 539 Res. Awarding Contract For Construction 12/30/80 Of Iowa City Downtown Electrical Revisions, Phase I To Town & Country Electric Co. Of Iowa City 1557-1570 540 Res. Authorizing Issuance Of $1,600,000 In Aggregate Principal Amount Of The City Of Iowa City, Iowa, Industrial Development Revenue Bonds(Younkers, Inc. Project) Series 1980, With Proceeds From Sale Of Bonds To Be Loaned To Younkers, Inc. RESOLUTION NO. 80-1 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: Quik Trip Corp. dba Quik Trip #509, 225 S. Gilbert 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 byLynch and seconded by Neuhauser that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Balmer x Lynch x Erdahl x Neuhauser x Perret x Roberts x Vevera x Passed and approved this 8th day of January 19 80 Attest: ,) sei City Clerk RESOLUTION NO. 80-2 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: Quik Trip Corp. dba Quik Trip #509, 225 S. Gilbert 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 Lynch and seconded by Neuhauser that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Balmer x Lynch x rdahl x Neuhauser x Perret x Roberts x Vevera x Passed and approved this 8th day of January 1 19 80 Attest:0 City Clerk 0z RESOLUTION NO. 80-3 RESOLUTION TO REFUND BEER PERMIT WHEREAS, The Sanctuary Restaurant at405 S. Gilbert has surrendered Beer Permit No. 3582 , expiring 8/16/80 and requests a refund on the unused portion thereof, now therefore, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that said beer permit be and the same is hereby cancelled, and BE IT FURTHER RESOLVED that the Mayor and City Clerk be and they are hereby authorized and directed to draw a warrant on the General Fund in the amount of $ 150.00 , payable to Daryl C. Woodson for refund of Beer Permit No. 3582 It was moved by Lynch and seconded by Neuhauser that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Balmer x Lynch X Erdahl X Neuhauser X Perret X Roberts X vevera X Passed and approved this 8th day of January , 1980 _ Attest: Of h City Clerk 3 rc��L RESOLUTION NO. 80-4 RESOLUTION TO ISSUE CIGARETTE PERMITS WHEREAS, the following firms and persons have made appli- cation and paid the mulct tax required by law for the sale of cigarettes and cigarette papers; therefore, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the applications be granted and the City Clerk be and he/she is hereby directed to issue a permit to the following named persons and firms to sell cigarette papers and cigarettes: Hawkeye Amusement Vending dba Yen Ching Restaurant 1515 Mall Drive Doug Yansky dba Riverside 66 Serv, 1031 S. Riverside Dr. It was moved by�Ynrh and seconded by Neuhauser that the Resolution as read be adopted, and upon roll call there were: Balmer Lynch Erdahl Neuhauser Perret Roberts AYES: NAYS: ABSENT: Vevera x X Passed and approved this 8th day of January 19 80 Attest: RYL p� City Clerk A)' RESOLUTION NO. 80-5 RESOLUTION TO REFUND CIGARETTE PERMIT WIIEREAS, Riverside 66 Service at 1031 S. Riverside Dr. In Iowa City, Iowa, has surrendered cigarette permit No. 80-85 , expiring June 30 , 19 80 , and requests a refund on the unused portion thereof, now therefore, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that cigarette permit No. 80-85 issued to Riverside 66 Service be cancelled, and BE IT FURTHER RESOLVED that the Mayor and City Clerk be and they are hereby authorized and directed to draw a warrant on the General Fund in the amount of $ 50.00 , payable to Paul Christian as a refund on cigarette permit No. 80-85 It was moved by Lynch and seconded by Neuhauser that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS; ABSENT: Balmer X Lynch x Erdahl x Neuhauser x Perret Roberts x Vevera x Passed and approved this Attest: x th day of J 19 80 . S CITY OF IOWA CITY CIVIC CENTER 410 E. WASHINGTON ST. IOWA CITY IOWA 52240 (319) 354.180 ENGINEER'S REPORT December 20, 1979 Honorable Mayor and City Council Iowa City Iowa Dear Honorable Mayor and Councilpersons: 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 City. The required maintenance bond is on file in the City Clerk's office. Concrete paving on Oberlin Street in Court Hill -Scott Boulevard Part 6 as constructed by Metro Pavers, Inc. of Iowa City, Iowa. I hereby recommend that the above mentioned improvements be accepted by the City of Iowa City. Respectfully submitted, Eugene A. Dietz, E. City Engineer bj3/7 RESOLUTION NO, 80-6 RE`SDIATION ACCEPTING Concrete avina on Oberlin St. b -REM P ver -.— y WMA' S, the Engineering Department has certified that the following inQravawmnts have beat coupleted in accordance with plans and specifications of the City of Iowa City, Concrete paving on Oberlin Street in Court Hill -Scott Boulevard Part 6 as constructed by Metro Pavers, Inc. of Iowa City, Iowa. AND WHMMM, Maintenance Bords for Metro Pavers are on file in the City Clerk's office, THERa�ORE BE IT RESOLVED by the City Council of Iowa City, Iowa, that said u[garovments be accepted by the City of Iowa City. It was m7ved by Lynch and seoorded by Neuhauser that the Resolution as r be accepts , and upon roll call there were: Passed and aPPrOved this 8th _ clay of January , 19 80 �y wn_ LESai AYES: NAYS: ABS; Balmer x Lynch x Erdahl x Neuhauser x Perret x _Roberts x Vevera x Passed and aPPrOved this 8th _ clay of January , 19 80 �y wn_ LESai CITY Cir I0W/A CITY CIVIC CENTER 410 E. WASHINGTON ST. IOWA CITY IOWA 52240 (319) 354.180D ENGINEER'S REPORT January 3, 1980 Honorable Mayor and City Council Iowa City Iowa Dear Honorable Mayor and Councilpersons: 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 City. The required maintenance bond is on file in the City Clerk's office. Concrete paving and storm sewer as constructed by Metro Pavers, Inc. of Iowa City, Iowa in Mt. Prospect addition, Part 4. I hereby recommend that the above mentioned improvements be accepted by the City of Iowa City. Respectfully submitted, Eugene A. Dietz, P.E. City Engineer tp/4/1 FOSOUYrION NO. 80-7 RSSOI.UTION ACCEPTING Paving and storm sewer by Metro Pavers in Mount Prospect Addition Park IV. F;HEFEAS, the Engineering Department has certified that the following improvements have been ocimpleted in accordance with plans and specifications of the City of Iowa City, Concrete paving and storm sewer as constructed by Metro Pavers, Inc. of Iowa City, Iowa in Mt. Prospect addition, Part 4. AND WFD•MM, Maintenance Bonds for Metro Pavers are on file in the City Clerk's Office, NOW FORE BE IT RESOLVED by the City Council of Iowa City, Iowa, that said imprmwents be accepted by the City of Iowa City. It was moved by L nch and seconded by Neuhauser that the Resolution as reg be ao and upon roll call these were: AYES: NAYS: ABSENT: Balmer _ x Lynch x Erdahl x Neuhauser x Perret x Roberts x Vevera x Passed and approved this 8th day of January 19 80 r RECEIVED h APPROVED A=;ST: l( �. ffi LEGAL DEPARTMENT City Clerk 3 8 p II RESOLUTION NO. 80-8 RESOLUTION AUTHORIZING AND DIRECTING THE SOLICITATION OF OFFERS TO PURCHASE LAND FOR PRIVATE REDEVELOPMENT. WHEREAS, the City of Iowa City, Iowa, acting as Local Public Agency, has entered into a contract for Loan and Grant with the United States of America for the implementation of an Urban Renewal Project known as Project No. Iowa R-14; and, WHEREAS, the City of Iowa City has reached financial settlement of said Project Iowa R-14, and is continuing said project as part of the Community Development Program, Project B -79 -HN -19-0005; and, WHEREAS, the City of Iowa City has adopted and approved an Urban Renewal Plan for said project, which Urban Renewal Plan was adopted and approved in Resolution No. 2157, passed by the City Council of the City of Iowa City on October 2, 1969, which Plan has been modified and amended from time to time; and, WHEREAS, the City Council did, by Resolution No. 77-250 dated July 12, 1977, authorize the solicitation of offers to purchase for private redevelopment land located within the Urban Renewal Project area; and, WHEREAS, the City Council did, by Resolution No. 77-392, dated October 4, 1977, designate the DEY Building Corporation as the preferred developer of Disposition Parcel 64; and, WHEREAS, the City Council did, by Resolution No. 79-333 dated July 17, 1979, revoke said designation. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the City Manager is hereby authorized and directed to solicit offers to purchase Disposition Parcel 64 for private redevelopment; and, BE IT FURTHER RESOLVED, that the City Clerk is hereby authorized and directed to publish notice of such solicitation of offers to purchase Disposition Parcel 64 for private redevelopment. It was moved by Perret and seconded by Neuhauser 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 this 8th day of J anuary , 19 8Q OR ATTEST: CITY CLERK Received & Approved By The Legal Deparhnen' RESOLUTION NO. 80-9 RESOLUTION PROPOSING TO SELL A PORTION OF REAL PROPERTY OWNED BY THE CITY OF IOWA CITY AND LOCATED AT THE NORTHWEST INTERSECTION OF SOUTH GILBERT STREET AND U.S. HIGHWAY 6 WHEREAS, the City of Iowa City owns the real property legally described as follows: The south half of that part of Out Lot Two (2) in Cook, Sargent and Downey's Addition to Iowa City, Iowa, that lies south of the north 120 feet of said Out Lot Two (2), that lies northeasterly of a line 110 feet normally ` distant northeasterly of and parallel to the centerline of primary road No. U.S. 6, that lies northwesterly of a line 30 feet radially distant northwesterly of and concentric to the centerline of South Gilbert Street. Said tract contains 4,663 square feet more or less; and WHEREAS, the City Council desires to sell the above-described property to Arie Kroeze and Antonia Kroeze; and WHEREAS, the sale will be subject to the following terms: 1. The price for the above-described real property will be $3.50 per square foot, for a total price of $16,320.50. 2. The City will reserve a temporary construction easement over the easterly 10 feet of the above-described property, said easement to be for the period of construction of the South Gilbert Street Improvement Project; and WHEREAS, a public hearing on the proposed sale of this property was held on on the 28th day of August, 1979, at the Council Chambers, Civic Center 410 East Washington Street, Iowa City, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the City is authorized to convey the above-described real property to Arie Kroeze and Antonia Kroeze for $16,320.50. 2. That the Mayor is authorized to sign, and the City Clerk to attest, an appropriate Quit Claim deed conveying the above-described property to Arie Kroeze and Antonia Kroeze. It was moved by Perret and seconded by Roberts that the Resolution as read by adopted, and upon roll call there were: 9 -z - AYES: NAYS: ABSENT: x Balmer x Erdahl x Lynch x Neuhauser x Perret x Roberts x Yevera Passed and approved this 8th day of January , 1980. r ATTEST: City Clerk Mayo Received i Approved By The Legal Department W prl Council Member vevgra________ introduced the following Resolution entitled RESOLUTION DIRECTING THE DELIVERY OF CONSTRUCTION WARRANTS IN PAYMENT OF CONTRACT", and moved its adoption. Council Member Perret seconded the motion to adopt. The roll was called and the vote was, AYES: Neuhauser, Perret, Roberts, Vevera, Balmeri Erdahl, Lynch NAYS: None Whereupon, the Mayor declared the following Resolution duly adopted: 80-10 RESOLUTION DIRECTING THE DELIVERY OF CONSTRUCTION WARRANTS IN PAYMENT OF CONTRACT WHEREAS, the Council of the City of Iowa City, Iowa, heretofore entered into contract for the construction of the 1979 BDI Second Addition Improvements, and in said contract provided that payment to the contractor or contractors, and others, would be made at the option of the City by the delivery of Construction Warrants issued pursuant to Section 384.57 the City Code of Iowa, bearing interest at seven percent (7%) per annum; and WHEREAS, the following balances are owing in connection with the construction of said public improvements above referred to, and have been duly approved by the Project engineer with provisions for retaining not less than ten percent (108) thereof, as required by Chapter 573, Code of Iowa, 1979, as amended, to -wit: TO: -2- ER5. GOONEY. DORWEILER, HAYNIE B SMITH. LAWYERS, DEB MOINES. IOWA /I and WHEREAS, the above firm or firms are now entitled to payment for said sums owing: NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: That the Mayor and Clerk are authorized and directed to execute and deliver to said above contractor or contractors, and others, Construction Warrants drawn on the 1979 BDI Second Addition Improvements Construction Fund, as follows: CONSTRUCTION WARRANT NO, TO DATE AMOUNT 06 Parkview Company Dec. 1, 1979 $17,981.93 -3- AHLEI ' NEY. DORWEILER. HAYNIE S SMITH. LAWYERS. DEB MOINES. IOWA a2— PASSED AND APPROVED, this 19 80-. ATTEST: 12 �7CL'�a''L I 22 Clerk (SEAL) 8th day of January , -4- AH 5. COONEY, DORWEILER. HAYNIE & SMITH. LAWYERS. DEO MOINES. IOWA /7 No. 06 $ 17,981.93 — — - UNITED STATES OF AMERICA ------ --- STATE OF IOWA CITY Oh' IOWA CITY 1979 BDI SECOND ADDITION IMPROVEMEN'T'S CONSTRUCTION WARRANT This instrument is evidence that the City of Iowa City, Iowa, hereby promises to pay to Parkview Company of Iowa Cit Iowa , its successors or assigns, the sum o t�j7,981.93 wit Interest thereon at the rate of seven percent (7B) per annum, until called for payment. Interest shall commence if this warrant is not paid upon presentation hereof. This Warrant is drawn on and payable solely from the 1979 BDI Second Addition Improvements Construction Fund, or any fund from which payment for such work may be made. This instrument is one of a series of similar instruments given in payment for street and sewer improvements designated as the 1979 BDI Second Addition Improvements, of said City, being constructed under contract dated June 15 , 1979 , and issued under authority of Section 384.57 of the City Code of Iowa. The City of Iowa City reserves the right to prepay the amount represented hereby at any time with accrued interest to the date of such payment. Both principal and interest of this Warrant are payable at the office of the City Treasurer or Financial Officer of the City of Iowa City, State of Iowa. IN WITNESS WHEREOF, the instrument to be executed by Clerk, with the seal of said of � 1 - - --' 19 /`— (..SEAL) ATTEST: cl�rr. City of Iowa City has caused this its Mayor, and attested by its City affixed as of the : day CITY OF IIOOWA CI`TYY,, IOWA Mayor This instrument presented and not paid for want of funds this day of c City Treadurer - , 1V1INEY DORWE "NSE 6 SMITH. LAWYERS. DES MOINES. IOWA d- ASSIGNMENT The attached Construction Warrant in the amount of $ , is hereby assigned to , in consideration of receipt by the undersigned from said assignee of the sum of $ Dated this day of , 19 (Insert name of company or engineer or other person entitled to the temporary obligation and be certain that the assignment is properly executed by the officials of the respective company, engineer, or other person so entitled thereto.) A"'ER$ CO( 'ILE R. HAYNIE b SMITH. LAWYERS. DES MOINES. IOWA RESOLUTION NO. 80-11 RESOLUTION PROVIDING FOR THE ADDITION OF A POSITION IN THE CLASSIFIED PAY PLAN AND AMENDING THE FY80 BUDGET WHEREAS, the City of Iowa City, Iowa, employs certain classified personnel, and WHEREAS, it is necessary to amend the FY80 Budget and classified pay plan included in Resolutions No. 79-98 No. and 79-297 respectively, NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA, that Resolutions No. 79-98 and No. 79-297 be amended by: 1. The addition of one Assistant Transit Manager position in the Transit Division in Range 11 of the Classified Pay Plan. It was moved by Neuhauser and seconded by Erdahl Resolution 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 8th day of January, 1980. ATTEST: (?L. CITY CLERK the RESOLUTION NO. 80-12 RESOLUTION APPROVING CLASS "B" BEER PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class "B" Beer Permit Application is hereby approved for the following named person or persons at the following described location: Edwin J. Zastrow, Jr. dba Bushnell's Turtle, 127 College St. Said approval shall be subject to any conditions or re- strictions hereafter imposed by ordinance or State law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by Roberts and seconded by L nch that the Resolution ass rea3_Fe__adopted, and upon r�ol call there were: AYES: NAYS: ABSENT: Balmer x lynch x Erdahl x Neuhauser x Perret x Roberts x Vevera x Passed and approved this 15th day of January 1980 a or h i Attest: City Clerk 17 RESOLUTION NO. 80-13 RESOLUTION ACCEPTING THE WORK GOVERNOR STREET BRIDGE PROJECT WHEREAS, the Engineering Department has recommended that the im- provement covering the Governor Street Bridge Project as included in a contract between the City of Iowa City and _ Hanson Concrete Company of Washington, Iowa dated January 30, 1979 , be accepted, AND WHEREAS, the Council finds the improvement is in place and does comply with the requirements for such improvements, AND WHEREAS, maintenance bonds have been filed, NOW THEREFORE, BE IT RESOLVED by the City Council of Iowa City, Iowa, that said improvements be hereby accepted by the City of Iowa City, Iowa. It was moved by Roberts anti seconded by Lynch that the resolution as read be a opt , and upon roll call there were: AYES: NAYS: ABSENT: BALMER , x ERDAHL x LYNCH x NEUHAUSER x PERRET x ROBERTS x VEVERA x Passed and approved this 15th day of January lg 80 ,t ATTEST: City Clerk l' Received & Approved By Th:: Legal Department ENGINEER'S REPORT January 8, 1980 To the Honorable Mayor and City Council Iowa City Iowa Honorable Mayor and Councilpersons: I hereby certify that the Governor Street Bridge Project as constructed by Hanson Concrete Company of Washington, Iowa, has been completed in substantial conformance with the specifications of the Engineering Division of the City of Iowa City. The required maintenance bond is on file in the City Clerk's Office. Respectfully) submitted, li Eugene A. Dietz, P.E. City Engineer EAD/DSG/hi M Forc.9304a5 8'77 IOIVA DEPARTMENT OF TRANSPORTAT Highway Division CERTIFICATE OF COMPLETION AND FINAL ACCEPTANCE OF WORK Office of Construction/ Maintenance CONTRACTOR: Hanson Concrete Company COUNTY: Johnson ADDRESS: P.O. Box 13 Washington, Iowa PROJECT No.: FN -1-5(21)--21-52 Copy to F.H.W.A. SURETY: .Federal Insurance Company CONTRACT NO.: is required on [hose signature lines indicated by an asterisk (*). Recorded Acct. ADDRESS: New York, New York KIND OF WORK: Steel Beam Bridge act Completio if specified �lovember 2 19 79 This is to certify that the work covered by the contract of Hanson Concrete Co. on the above project, let January 22 , 1979 , and dated January 30 consisting of construction of a 362' x 30' steel beam bridqe and located on Governor Street (Highway 1) in Iowa City Iowa Johnson was completed on the 17th day of October , 197-L Contract amount $184,733.77 ACCEPTANCE OF WORK IS RECOMMENDED n Date APPROVED AND WORK ACCEPTED ON BEHALF OF THE CI FOR MAINTENANCE USE ONLY , 1979 County this day of _ J AA/V 4 pt4 , 19 Yo THE WORK AND TEST REPORTS HAVE BEEN REVIEWED. A PRICE ADJUSTMENT AS PROVIDED IN ARTICLE 1105.05 OF THE STANDARD SPECIFICATIONS, HAS BEEN MADE IN THE AMOUNT OF S ACCEPTANCE IS RECOMMENDED. Signature Signature Mein" Manace-ries Engineer Data District Materials Engineer Date APPROVED AND WORK ACCEPTED BY THE IOWA DEPARTMENT OF TRANSPORTATION THIS of 19 Signature (District Engineer) Iowa DepaRmenl of Transportation FINAL PAYMENT WILL BE MADE IN ACCORDANCE WITH ARTICLE 1109.09 FOLLOWING A REVIEW OF THE PROJECT REPORTS AND SUBJECT TO THE PROVISIONS OF ARTICLE 1105.05. day Six 0) copies of this form are required on all Federal Aid Projects. Five (5) copies on all Non-Fodeml Aid Projects. �t ALL COPIES TO CENTRAL OFFICE. 9 DO NOT WRITE IN THIS BOX. CENTRAL OFFICE USE ONLY. (Check or Initial) MOTE: On all farm to market projects, he signature of the County Engineer Copy to F.H.W.A. Copies to District P is required on [hose signature lines indicated by an asterisk (*). Recorded Acct. �^ Copy to Surety �I Recorded Const./Main. �.J Original to Files Six 0) copies of this form are required on all Federal Aid Projects. Five (5) copies on all Non-Fodeml Aid Projects. �t ALL COPIES TO CENTRAL OFFICE. 9 IMS0=0N NO. 80-14 RFSOII ON ACCEPTING PAVING AND STORM SEWER ON NORTH DUB WIiERF'.AS, the Engineering Departnent has certified that the following improvements have been ompleted in accordance with plans and specifications of the City of Iowa City, Concrete paving and related storm sewer pipe culverts on North Dubuque Road from North Dodge Street to approximately 2400 feet northeasterly as constructed by Metro Pavers, Inc. of Iowa City, Iowa. AMID WHEREAS, Maintenance Bonds for Metro Pavers, Inc are on file in the City Clerk's office, NOW THEIUTCRE BE IT RESOLVED by the City Council of Iowa City, Iota, that said improvements be accepted by the City of Iowa City. It was rowed by Roberts and seconded by Lynch that the Resolution as read be accep , and upon roll call there were: AYES: NAYS: ABSENT: BALMER x ERDAHL X LYNCH x NEUHAUSER x PERRET X ROBERTS x VEVERA x Passed and approved this 15th day of January 1980 r A'1TFST; AL Received & Approved City Clerk P By The Legal Department -�P� - �� /9 CITY OF IOWA CITY CIVIG CENTER 410 E. WASHINGTON ST. IOWA CITY IOWA 52240 (319) 354.1800 ENGINEER'S REPORT January 9, 1980 Honorable Mayor and City Council Iowa City Iowa Dear Honorable Mayor and Councilpersons: 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 City. The required maintenance bond is on file in the City Clerk's office. Concrete paving and related storm sewer pipe culverts on North Dubuque Road from North Dodge Street to approximately 2400 feet northeasterly as constructed by Metro Pavers, Inc, of Iowa City, Iowa. I hereby recommend that the above mentioned improvements be accepted by the City of Iowa City. Respectfully submitted, 1�� �,e W�c S� Eugene A. Dietz, P.E. City Engineer bdw3/13 /9 MENT. /__-= Z <. - RESOI lull, TON NO • 07-15 . RESOLUTION APPROVING LARGE SCALE RESIDENTIAh DEVELOP- WIIEREAS, the owners and proprietors have filed with the City Clerk a Preliminary and Final Large Scale Residential. Plan for the Ecumenical housing Corporation, locyted on the following described real estate in Iowa City, Johnson County, Iowa, to -wit: Parcel One: Part of bots 6 and 7, Block 61, Original Town,Tow,i City, Johnson County, Iowa as shown on plat recorded in the Johnson County Recorder's Office, Book 1, Page 116, more particularly described as follows: Convening as a point of reference at the Southeasterly corner of said Block 61; thence West- 110.29 feet along the Southerly line oC said Block 61 to the point of beginning of tract herein des- cribed (this is an assumed bearing for purposes of this description only); thence continuing West 101.34 feet along said Southerly line of Block 61 to a point; thence North 0°00' 30" West 150.38 feet to a point of intersection with the Northerly line of said Lot- G; thence North 89159'55" East 101.15 feet along the Northerly line of Lots 6 and 7 to a point; thence South 0005'10" East 150.39 feet to the point- of beginning; subject to easements and restrictions of record, and containing 15,226 square feet or 0.35 acres more or less. Parcel Two: Part of Tuts 7. and 3, Block G1, Original Town, Iowa ChLy, Johnson County, Iotas as shown on plat recordcd in John:,on County Recorder's Office, Book 1, Page 116, more parLicul,rrly described as follows: Beginning at the Northeasterly corner of said Lot 2- M_ thence South 0105'1.0" Isast 1.510.39 feet- along the FasLerly line of said Lot 2 to a point of intersection with the Southerly line of said Lot 2 (this is an assumed bearing_ for purposes of this description only); thence South 89159'55" West 65.17 feet along said Southerly line of Lot 2 to a point-; thence North 0105'15" West 40.10 feet to a point; thence South 89°59'55" West 23.06 feet to a point; thence North 0105'15" West 110.28 feet to a point of inter- section with the Northerly line of said Block 61; thence North 89059150" East 88.24 feet along said Northerly line of Block 61 to the point of beginning; subject to easements and restrictions of record, and containing 12.,344 square feet or 0.28 acres more or less. WHEREAS, said plan was examined by the Planning andZoning Commission which commission recommended that said plan be accepted and approved, and WHEREAS, said plan was found to conform to all ordinances of the City of Iowa City, Iowa, and WHEREAS, this entire project will be completed by the con- struction of one building containing eighty-one (81) housing units, NOW, THEREFORE BE IT RESOLVED by the City Council of Iowa City, Iowa, that said Large Scale Residential Development Plan for the above described real estate be and the same is hereby accepted and approved, subject to compliance with Tree Regulations. BE IT FURTIIER RESOLVED that the City Clerk of Iowa City, Iowa, is hereby authorized and directed to certify a copy of this Resolution to the County Recorder of Johnson County, Iowa. It was moved by Vevera , and seconded by Neuhauser , that the forgoing Resolution be adopted and upon roll call vote there were: -2- Al'I:S: NAYS: ABS INT: BALMER x ERDAHL _ x LYNCH x NEU11AUSER x PERRET x ROI3ERTS x VEVERA x Passed and approved thisl5th day ofJanuary •, 1980. ATTEST: . a& � L - Abbie Stolfus, CI"Y CLERK I, Abbie Stolfus, do hereby certify that the above Resolution is a true and exact copy of a Resolution of the Iowa City City Council, Iowa City, Johnson County, Iowa, made at a regular Council meeting held on the 15th day of January , 1B0 . Abbie Stolfus, CIT CLERK -3- Received & ;,,Proved By The Legal D,:partrnent 4 To: Planning & Zoning Commission Item: 5-7925. Ecumenical Housing GENERAL INFORMATION Applicant: Requested action: Purpose: Location: Size: Existing land use and zoning: Surrounding land use and zoning: Applicable regulations: 45 -day limitation period: SPECIAL INFORMATION Public utilities: Public services: Transportation: Physical Characteristics: ANALYSIS STAFF REPORT Prepared by: Doug Boothroy Date: January 3, 1980 Ecumenical Housing Corporation c/o First Christian Church 217 Iowa Ave. Iowa City, Iowa 52240 Preliminary and final Large Scale Residential Development plan approval. To develop 81 units of elderly housing. Just east of the old Post Office building and part of the Iowa Avenue parking lot to the north. Approximately k acre. Parking lot and CB (central business zone) North - parking lot and CB. East - Knights of Columbus and CB. South - Press Citizen and CB. West - Old Post Office and CB. Provisions of the LSRD Ordinance and Zoning Ordinance. 1/26/79 Adequate water and sewer service are available. Sanitation service and police and fire protection are available. Automobile access is provided via an alley running between Gilbert Street and Linn Street. The topography is nearly level to steep The subject proposal is to construct a highrise elderly housing complex with 81 units. Due to the site's topography considerable excavation is proposed in order to provide an i PA' at grade entrance from Washington Street. This necessarily requires removal of existing trees within the Washington Street right-of-way and immediately in front of the proposed facility. Staff recommends that the replacement cost for these trees be born by the applicant. Forty parking spaces are being provided by the purchase of a portion of the City's Iowa Avenue parking lot. However, the Zoning Ordinance requires that 41 spaces be provided for 81 units. The applicant must bring the development into compliance with the parking requirements. This can be accomplished by reducing the number of residential units from 81 to 80 or by purchasing additional parking area from the City. The Tree Regulations require tree plantings for the parking area (Section 8.10.40.7) and adjacent to street rights-of-way (Section 8.10.40.6). The parking area would have to be redesigned to provide tree islands separating parking spaces from alleys and so that every parking space or portion thereof is not more than 40 or 60 feet from a tree. Consequently the total number of parking spaces would be reduced and existing parking area would need to be removed in order to provide islands in which to locate trees. It was not the staff's intent, in amending the Tree Regulations, to require existing parking areas to comply with the Tree Regulations unless Section 8.10.40.7(a), (b), or (c) were applicable. Therefore, the staff proposes to amend Section 8.10.40.7 of the Tree Regulations to clarify its intent. Two or three trees are required (depending upon the mature height of the tree) for both the Washington Street and Iowa Avenue frontages. Providing street trees adjacent to and within eight feet of Iowa Avenue creates a difficulty in that all of the area up to the right-of-way is presently a paved parking lot. Under certain circumstances right- of-way trees can be omitted; however, none of these conditions are applicable to this project. It is the intent of these regulations to require separation between development and rights-of-way. RECOMMENDATION Staff recommends that the preliminary and final LSRD plan be deferred. Upon revision of the plan, correction of the deficiencies and discrepancies noted below and incorporation of the concerns mentioned above, it is the staff's recommendation that the preliminary and final LSRD plan be approved. DEFICIENCIES AND DISCREPANCIES 1. The location of the sanitary and water service lines should be shown on the plan. 2. How the roof, storm, and footing drains tie into the storm sewer should be indicated on the plan. 3. Landscaping plans should be provided. 4. Parking lot does not comply with the tree regulations and should be brought into compliance with those regulations. 5. Right-of-way trees should be provided within eight feet of the right-of-way line along Washington Street and Iowa Avenue. 6. Trees located within the right-of-way along Washington Street which must be removed for excavation purposes, should be replaced with the approval of the City forester. oZ 4- 3 7. Signatures of the utility companies and the registered land surveyor should be p ovided on the plan. 8. '.he signature block for the City Clerk's signature should be provided on the plan. 9. The plan should be titled a preliminary and final Large Scale Residential Development plan of the Ecumenical Housing Corporation. 10. The number of parking spaces required is 41 and should be provided for the housing project. 11. The number of residential units being constructed should be indicated on the plan. AIIACHMENTS L3cation map iCCOMPANIMENT Preliminary and final LSRD plan. / Approved by «Cc./ ,• j �ccGlc U. /U D46nnis R.raft, Director Department of Planning and Program Development 124oz— M S407125 LoC.ATOON MAP :� �I I h::111 511118 ! 111 I's 11111 mall i Ills NUMBER :' .:1111 11111 1 ?■■ :1111: =111! 51 G 311:: 1■: ali 's Ill! 'JII!5 i11iiI�:■■ illlll 11111: ■all. =mzIIII: En11 ::� :■::Ire VIII: iull: ■11: 2116 :1111: ■II: SIR �I■ ■„� !a=_. =111 '■r��ll �_II'r:1111:.:111. ■■ ■n3 IUIL I■I 111 mill :nh ■ ■moi � �- i111a ®:Illi .IIB !1111: m5 „uun uu :un: s ■I n enn. ` ■ � ►V: 11W .I■ Allnl '.. �I �iii� !:1 It t alnl ul n� nm i u I Luau ■ lu r 1 .�i1 � lu 1 e� erlc�IJ " 1 RURLIN TON _ . VEST A A, RESOLUTION NO. 80-16 RESOLUTION AUTHORIZING MAYOR TO SIGN A RIGHT -OF -WAV ASSURANCE STATEMENT FOR FEDERAL AID PROJECTS WHEREAS, the Iowa Department of Transportation requires cities to comply with the provision of the 1970 Uniform Relocation Assistance and Land Acquisition Policies Act by furnishing assurances concerning acquisition of right-of-way for highway projects funded with Federal Aid funds to them. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the Mayor is hereby authorized to sign a right-of-way assurance statement for Federal Aid Projects. It was moved by Roberts and seconded by Neuhauser that the Resolution be adopted and upon roll call vote there were: AYES: NAYS: ABSENT: x BALMER x ERDAHL x LYNCH x NEUHAUSER x PERRET x ROBERTS x VEVERA Passed and approved this 15th day of January 1980. ATTEST: CITY CLERK Roccivecl & Approved By Tia Legal Departme t D o2R To: Iowa Department of Transportation ACQUISITION OF Office of Urban Systems RIGHT OF WAY 826 Lincoln Way 1980 Ames, IA 50010 Subject: Assurances regarding future acquisition of right of way for highway projects funded with Federal -Aid funds. To comply with the provisions of the 1970 Uniform Relocation Assistance and Land Acquisition Policies Act, the City Council of the City of Iowa City furnishes the following assurances to the Iowa Department of Transportation: 1. It is the policy of the City of Iowa City to acquire right-of-way in accord with Title III of said 1970 Act and applicable State laws. 2. It is the policy of the City of Iowa City to provide relocation assistance benefits in accord with Title II of said 1970 Act and applicable State laws. 3. The above named City will contact the Iowa Department of Transportation for assistance as needed to assure compliance with applicable laws which are summarized in the instructions entitled "Right-of-way Acquisition Policies and Procedures." January 15, 1980 1 -aV� Date Approved 1a r of �3 t RESOLUTION NO. 80-17 A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT WITH KELLY SECURITY COMPANY WHEREBY KELLY SECURITY SHALL PROVIDE SECURITY SERVICES FOR THE PARKING RAMP AT CLINTON AND BURLINGTON STREETS. WHEREAS, it is in the public interest to provide additional security for the parking ramp at Burlington and Clinton Streets in Iowa City, and WHEREAS, Kelly Security is in a position to provide these security services. NOW, THEREFORE, BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY that the Mayor is authorized to sign and the City Clerk to attest an agreement with Kelly Security Services to provide security guards for the parking ramp. It was moved by Neuhauser and seconded by Lynch that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Balmer X Neuhauser x Erdahl x Lynch x Perret x Roberts X Vevera Passed and approved this 15th day of January , 19 80 (? �Y" O R �� ATTEST: CITY CLERK ReceivedBYg �,Porove.i the Legal D.;Fa,rm:,nf - �9 I AGREEMENT 4k This agreement, made and entered into this /$¢4day ofi 7iv , 1980, by and between the City of Iowa City, a municipal corporation, hereinafter referred to as the City and Kelly Security Service, Inc., hereinafter referred to as "Contractor" I. SCOPE OF SERVICES The Contractor agrees to provide security services in the parking ramp at the corner of Clinton Street and Burlington Street in Iowa City. Security services shall mean that a minimum of one person shall be assigned exclusively during the hours contracted for to patrol of the parking ramp and related duties. II. GENERAL TERMS A. The Contractor agrees to provide security services eight hours per day seven days a week. If the City deems it necessary to obtain security services for additional hours, it shall notify the contractor in writing of the additional hours of service requested and the contractor shall provide the additional service within seven days of the request. B. Security guards shall be employees of Contractor and Contractor shall be totally responsible for the compensation and provision of all benefits to employees and the hiring and supervision of the guards. However, the City has the right to approve the employment of the guards assigned to the ramp. C. The City shall provide a vehicle with a two-way radio which shall be used by Kelly Security in the furtherance of its duties under this agreement. a� 2 Gk - D It is agreed that no party to this agreement shall perform acts contrary to any state or federal law or ordinance of the City of Iowa City. E. The Contractor shall not commit any of the following employment practices and agrees to prohibit the following practices in any subcontracts: a. To discharge from employment or refuse to hire any individual because of their race, color, religion, creed, sex, national origin, age, disability, marital status, or sexual orientation; b. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, color, religion, creed, sex, national origin, age, disability, marital status or sexual orientation. III. INDEMNIFICATION The Contractor agrees to defend, indemnify and save harmless the City of Iowa City, Iowa, its officers, employees, and agents from any and all liability or claims of damages arising under the terms of the agreement including, but not limited to, injuries to persons or property as a result of the activities of Contractor. IV. INSURANCE The Contractor shall maintain in full force and effect and comprehensive liability insurance policy executed by a company authorized to do insurance business in the State of Iowa. The minimum limits of such policies shall be as follows: to cover the insured liability for personal injury or death in the amount of $500,000 and for property damage in the amount of $100,000. It is further understood and agreed that before the insurance a 3 policy to which this endorsement is attached may be suspended or cancelled, the City of Iowa City, Iowa, will be given 30 days prior written notice of such proposed suspension or cancellation. It is further understood and agreed that the obligation of this policy shall be not affected by any act or omission of the named insured, with respect to any condition or requirement attached thereto, nor by any default of the insured in payment of the premium, nor in the giving of any notice required by said policy, or otherwise, nor by the death, insolvency, bankruptcy, or inability of the insured. The failure of Contractor to maintain such a policy in full force and effect shall constitute immediate termination of this agreement and all of the rights and privileges contained , herein. V. DURATION This agreement shall become effective upon signing and shall terminate on June 1, 1980. However, it may be terminated upon 30 days written notice by either party. VI. ASSIGNMENT This agreement may not be assigned. VII. COMPENSATION The City agrees to pay $6.00 per hour for security services during the hours designated in paragraph II.A. The Contractor shall bill monthly and the City shall pay within 30 days of the billing date. The undersigned do hereby state that this contract is executed in triplicate, as though each were an original and that there are no oral agreements that have not been reduced in writing in this instrument. �) 4 1A1 F THE CITKELLY SECURITY SERVICE, IM's J nA`a"lnier, Mayor Mic ae A. Kelly, Attest: City Clerk STATE OF IOWA ) SS JOHNSON COUNTY ) i On this !� �� day of1980, before me, the undersigned, a Notary Public, in ,and for said County and State, personally appeared �r� 51 ��2L�,:�r/ to me known to be the identical pergon named in and who executed the within and foregoing instrument and acknowledged that he acknowledged the same as his voluntary act and deed. Notary Public in and for said County and State Received & Approved By The Legal Department 1" R&OLUTION NO. 80-18 RESOLUTION APPROVING CLASS C LIQUOR CONTROL LICENSE APPLTCA= BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Liquor Control License application is hereby approv�or the following named person or persons at the following described location: Lorna K. Smith dba Smith h Company, 1210 Highland Ct. Said approval shall be subject to any conditions or re- strictions hereafter imposed by ordinance or State law. The City Clerk shall cause a recommendation for approval to he endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond, sketch of the premises and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by Neuhauser and seconded by Perret that the Resolution as r a e adopted, and upon ion ca there were: AYES: NAYS: ABSENT: Balmer x Lynch x Erdahl x Neuhauser x Perret x Roberts x Vevera x Passed and approved this 22nd day of January lg 80 Attest://aJ1iQ City Clerk V as� RESOLUTION NO. 80-19 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: Clyde R. Seaton dba Seaton's Cash & Carry Market 1331 Muscatine Avenue 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 Neuhauser and seconded by Perret that the Resolution as read be adopted, and upon roll call there were: Balmer AYES: x Lynch x Erdahl x Neuhauser x Perret x Roberts x Vevera x NAYS: ABSENT: Passed and approved this 22nd day of January , 1980 Attest: ILo�u 4 City Clerk d4 RESOLUTION NO. 80-20 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: Krause Gentle Oil Corporation dba Iowa City Sav-Mor Kerr-McGee Stationstore 11104, 1104 S. Gilbert Street 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 Neuhauser and seconded by Perret that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Balmer x Lynch x Erdahl x euhauser x Perret x Roberts x Vevera x Passed and approved this 22nd day of January 1980 0 Attest:%,An City Clerk �7 RESOLUTION NO. 80-21 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: Krause Gentle Oil Corporation dba Iowa City Sav-Mor Kerr-McGee Stationstore #104, 1104 S. Gilbert Street 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 Neuhauser and seconded by Pater _ that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Balmer x nch x Erdahl x Neuhauser x Perret x Roberts x Vevera x Passed and approved this 22nd 19 80 day of January Attest: .c� ' w fiJ City Clerk ff .Z 7 RESOLUTION NO. 80-22 RESOLUTION TO ISSUE CIGARETTE PERMITS WHEREAS, the following firms and persons have made appli- cation and paid the mulct tax required by law for the sale of cigarettes and cigarette papers; therefore, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the applications be granted and the City Clerk be and he/she is hereby directed to issue a permit to the following named persons and firms to sell cigarette papers and cigarettes: Hy -Vee Food Stores, Inc. Hy -Vee Food Stores, Inc. dba Hy -Vee Food Store #3 1201 N. Dodge dba Drugtown #2 1201 N. Dodge Crow's Nest, Inc. dba The Crow's Nest, 328 E. Washington It was moved by Neuhauser and seconded by Perret that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: Balmer X ynch x Erdahl X Neuhauser X Perret X Roberts X Vevera X 19 Passed and approved this 22nd 80 . ABSENT: day of Janua Attest: ma .am , _t a» �. City Clerk Council Member Roberts introduced the following Resolution entitled IREESOLUTION DIRECTING THE DELIVERY OF CONSTRUCTION WARRANTS IN PAYMENT OF CONTRACT", and moved its adoption. Council Member Vevera seconded the motion to adopt. The roll was called and the vote was, AYES: Erdahl, Lynch, Neuhauser, Perret, Roberts, Vevera, Balmer NAYS: None Whereupon, the Mayor declared the following Resolution duly adopted: 80-23 RESOLUTION DIRECTING THE DELIVERY OF CONSTRUCTION WARRANTS IN PAYMENT OF CONTRACT WHEREAS, the Council of the City of Iowa City, Iowa, heretofore entered into contract for the construction of the 1979 BDI Second Addition Improvements, and in said contract provided that payment to the contractor or contractors, and others, would be made at the option of the City by the delivery of Construction Warrants issued pursuant to Section 384.57 the City Code of Iowa, bearing interest at seven percent (78) per annum; and WHEREAS, the following balances are owing in connection with the construction of said public improvements above referred to, and have been duly approved by the Project engineer with provisions for retaining not less than ten percent (108) thereof, as required by Chapter 573, Code of Iowa, 1979, as amended, to -wit: TO: -2- AHLERS. GOONEY. DORWEILER. HAYNIE S SMITH. LAWYER B, DCB MOINES. IOWA 30 and WHEREAS, the above firm or firms are now entitled to payment for said sums owing: NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: That the Mayor and Clerk are authorized and directed to execute and deliver to said above contractor or contractors, and others, Construction Warrants drawn on the 1979 BDI Second Addition Improvements Construction Fund, as follows: CONSTRUCTION WARRANT N0. 07 TO DATE AMOUNT Metro Pavers 1/11/80 6,421.20 —3— A HLERS. COONEY. DORWEILER. HAYNIE & SMITH. LAWYER B. DER MOINES. IOWA .36 PASSED AND APPROVED, this 22nd day of January 1980 . ATTEST: (SEAL) -4- AHLERS. COONEY. DORWEILER. HAYNIE 5 SMITH. LAWYER®. DEB MOINES. IOWA 30 No. g7 $ 6 421.20 UNITED STATES OF AMERICA STATE OF IOWA CITY OF IOWA CITY 1979 BDI SECOND ADDITION IMPROVEMENTS CONSTRUCTION WARRANT This instrument is evidence that the City of Iowa City, Iowa, hereby promises to pay to _MDQ_ payers of Iowa Cit , its successors or assigns, the sum of X421_20 wit interest thereon at the rate of seven percent (79) per annum, until called for payment. Interest shall commence if this warrant is not paid upon presentation hereof. This Warrant is drawn on and payable solely from the 1979 BDI Second Addition Improvements Construction Fund, or any fund from which payment for such work may be made. This instrument is one of a series of similar instruments given in payment for street and sewer improvements designated as the 1979 BDI Second Addition Improvements, of said City, being constructed under contract dated July 5 , 1979 , and issued under authority of Section 384.57 of the City Code of Iowa. The City of Iowa City reserves the right to prepay the amount represented hereby at any time with accrued interest to the date of such payment. Both principal and interest of this Warrant are payable at the office of the City Treasurer or Financial Officer of the City of Iowa City, State of Iowa. IN WITNESS WHEREOF, the City of Iowa City has caused this instrument to be executed by its Mayor, and attested by its Clerk, with the seal of said City affixed as of the loth day of January , 1980 . Y OF IOWA CITY, A (SEAL) `\ ATT T: Clerk (/A This instrument resented and not paid for want of funds this _Z/Z�/L day of , , 19'0 City Treas rer AHLER5. COONEY. DORWEILER. HAYNIE S SMITH. LAWYERS, DEB MOINES, IOWA 300 ASSIGNMENT The attached Construction Warrant in the amount of $ , is hereby assigned to in consideration of receipt by the undersigned froii said assignee of the sum of $ Dated this day of , 19 (Insert name of company or engineer or other person entitled to the temporary obligation and be certain that the assignment is properly executed by the officials of the respective company, engineer, or other person so entitled thereto.) ANLERS. COONEY. DORWEILER. HAYN IE & SMITH. LAWYERS. DES MOINES. IOWA 30 RESOLUTION NO. 80-24 RESOLUTION ACCEPTING THE NORTH SIDE NEIGHBORHOOD PRESERVATION STUDY AND AUTHORIZING THE CLOSE OUT OF HUD INNOVATIVE HOUSING AND NEIGHBORHOOD PRESERVATION GRAdT NO. B -76 -SI -19-0001 WHEREAS, the City of Iowa City is the recipient of an Innovative Housing and Neighborhood Preservation Grant (No. B -76 -SI -19-0001) under Title I of the Housing and Community Development Act of 1974; and, WHEREAS, the City of Iowa City contracted with the University of Iowa Institute of Urban and Regional Research to prepare a Neighborhood Preservation Study in fulfillment of the Innovative Grant's objectives; and WHEREAS, said study, consisting of 16 volumes entitled North Side Neighborhood Preservation Study, has been completed and been delivered to the City of Iowa City and the U.S. Departmeft �f Housing and Urban Development (HUD). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, THAT: 1. The City of Iowa City hereby accepts the North Side Preservation Study as a completed document. 2. The City Manager is hereby authorized and directed to close out Innovative Housing and Neighborhood Preservation Grant No. B -76 -SI - 19 -0001 ih accordance with HUD regulations. It was moved by Neuhauser and seconded by Erdahl the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balme x ErdaN x , Lynch x Neuhauser x Perret x Roberts x Vevera Passed and approved this 22nd day ofJanuary , 1980. —\� Y0� ATTEST: h�(�l n . '1C . Ua LYLE-,,� CITYLERK j ,BECEIVED R APPROVED DY TIM LEGAL DE- RTIO IT 3/ 0 City of Iowa Ci MEMORANDUM Date: January 15, 1980 To: City Council From: Jim Hencin, CDBG Program Coordinator Re: HUD Innovative Grant (North Side Study) As you will recall, in August 1976, the City was awarded a grant of $109,332 under the HUD Innovative Housing and Neighborhood Preservation Grant program. The purpose of this grant was to fund a study of "impact evaluation" as a means of neighborhood preservation. The North Side Area of Iowa City served as a study area. Under the terms of the HUD grant, the City contracted with University of Iowa Institute of Urban and Regional Research to develop and perform the study. That study was completed over the period February 1977 - August 1978. Final reports, consisting of 16 volumes, were delivered to the City and to HUD in February 1979. HUD has accepted the North Side Neighborhood Preservation Study as complete. Also, an audit of the grant, included in the August 31, 1979 financial and compliance report for the entire CDBG program, has been accepted by HUD. What remains is an official acceptance and authorization to close out the grant by City Council. , The resolution which is included in your agenda package accepts the North Side Neighborhood Preservation Study as a completed document and authorizes the City Manager to proceed with grant closeout. This action is necessary to satisfy HUD's close out procedures. It is my recommendation that any follow up or refinement of the North Side Study's recommendations be accomplished by Department of Planning and Program Development staff. bjl/3 03 Roberts introduced the following Resolution entitled "RESOLUTION OF NECESSITY", and moved its adoption. Neuhauser seconded the motion to adopt. The roll was called and the vote was, AYES: Neuhauser, Perret, Roberts, Vevera, Balmer, Erdahl, Lynch NAYS: None Whereupon, the Mayor declared the resolution duly adopted as follows: 80-25 RESOLUTION OF NECESSITY WHEREAS, preliminary plans and specifications and plat and schedule and estimate of cost are now on file in the office of the Clerk showing the boundaries of the district, containing the properties and lots to be assessed, locations of the improvements, each lot proposed to be assessed, together with a valuation of each lot as fixed by the Council, an estimate of the cost of the entire proposed improvements, stating the cost of each type of construction and kind of materials to be used, and an estimate of the amount proposed to be assessed against each lot, for the construction of the 1980 Melrose Avenue Sanitary Sewer Extension Assessment Project, as hereinafter described, in Iowa City, Iowa: NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: That it is deemed desirable, advisable and necessary to construct as a single improvement the 1980 Melrose Avenue Sanitary Sewer Extension Assessment Project, in Iowa City, Iowa. Said district containing the properties to be assessed is set out and described in the following "Notice to Property Owners", set out in this Resolution of Necessity. Said improvements within said District are located and described in the following "Notice to Property Owners", set out in this Resolution of Necessity. RECEIVED $ APP'R09Et1 TBE LEGU DEPARTM -2- AMLERS. GOONEY. DORWEILER. HAYNIE & SMITH. LAWYERS, DES MOINES. IOWA 3z The method of construction shall be by contract. Costs of said improvements will be assessed to the properties within the boundaries of the district. No property shall be assessed more than it is benefited by the improvements nor more than 25% of its value on the date of its assessment. Said assessment may include a ten percent Default and Deficiency Fund, as authorized by Section 384.44, City Code of Iowa. A plat and schedule and estimate of costs are now on file in the office of the Clerk as required by law. Any difference between the amount which is derived from cash payments made by property owners during the thirty day collection period and the sale of Improvement Bonds issued against assessments on benefited properties and the total cost of the improvements, shall be paid for from the proceeds derived from the issuance and sale of bonds as authorized by Section 384.25, City Code of Iowa, and/or from such other funds of said Municipality as may be legally used for such purpose. BE IT FURTHER RESOLVED, that this Council meet at 7:30 oIclock p. M., on the 12th day of February , 1zj80, in the Council Chambers in the Civic Center, for the purpose of hearing property owners subject to assessment and interested parties for or against the improvement, its cost, the assessment, or the boundaries of the district. Unless a property owner files objections with the Clerk at the time of the hearing on this resolution of necessity, he shall be deemed to have waived all objections pertaining to the regularity of the proceedings and the legality of using special assessment procedure. BE IT FURTHER RESOLVED, that the Clerk is hereby instructed to cause notice to be published and mailed as required by law of the pendency of this resolution and of the time and place of hearing objections thereto, and to the said preliminary plans and specifications, estimate of costs and to the making of said improvements; said Notice to be in substantially the following form: -3- AHLEAS. COONEY. DORWEILER. HAYNIEB SMITH. LAWYERS. DES MOINES. IOWA 3 a- (Two publications required) NOTICE TO PROPERTY OWNERS Notice is hereby given that there is now on file for public inspection in the office of the Clerk of the City of Iowa City, Iowa, a proposed Resolution of Necessity, an estimate of costs and plat and schedule showing the amounts proposed to be assessed against each lot and the valuation thereof within the district as approved by the Council of Iowa City, Iowa, for a sewer improvement, designated as the 1980 Melrose Avenue Sanitary Sewer Extension Assessment Project, of the types and in the location as follows: Installation of an 811 sanitary sewer east 87.5' from an existing manhole (located south of Melrose Avenue), north 113' under Melrose Avenue, and east 344.5' That the proposed district to be benefited and subject to assessment for the cost of such improvements is described as follows: All property located within the following area shall be assessed as benefited property to pay for said Melrose Avenue Sanitary Sewer Extension Assessment Project, to -wit: All that part of the Northeast Quarter of the Northwest Quarter of Section 17, Township 79 North, Range 6 West of the 5th P.M. lying North of the City street known as Melrose Avenue, except the East 125.0 feet in width thereof, and except the Southerly 10 feet of Lots 1, 2, 3 and 4 of said subdivision located in the Northeast Quarter of the Northwest Quarter of Section 17, Township 79 North, Range 6 West of the 5th P.M. lying North of the City street known as Melrose Avenue, and except that part of Lot 5 of said subdivision (as described previously) lying between the existing northerly line of Melrose Avenue -4- AHLERS. COONEY. DORWEILER. HAYNIE d SMITH. LAWYERS. DEB MOINES. IOWA 3a- and south of a line which is 50 feet northerly and parallel with the relocated centerline of Melrose Avenue described as follows: Commencing at the Northwest corner of said section 17; thence S 8805211511 E, 508.00 feet; thence S 8703914511 E, 594.13 feet to the point of curvature of a 3,819.83 foot radius curve concave southerly; thence along said curve for a distance of 648.59 feet to the point of intersection with the said existing right-of-way line and the said relocated right-of-way line, thence continuing along said curve 289.19 feet to the point of tangent; thence S 73035145" E, 30.72 feet to the East line of said Lot 5. The Council will meet at 7:30 o'clock P..M., on the 12th day of Feb ruar 1980, at the�ouncil Chambers, Civic Cen er, Iowa City, Iowa, at which time the owners of property subject to assessment for the proposed improvements, or any other person having an interest in the matter may appear and be heard for or against the making of the improvement, the boundaries of the district, the cost, the assessment against any lot, tract or parcel of land, or the final adoption of a Resolution of Necessity. A property owner will be deemed to have waived all objections unless at the time of Hearing he has filed objections with the Clerk. This Notice is given by authority of the Council of the City of Iowa City, Iowa. )/�.� O i l Ulty Clerk, iowa Clty,llowa (END OF NOTICE) -5- AHLERS, COONEY. DORWEILER. HAYNIE& SMITH, LAWYERS, DES MOINES. IOWA ,3.7. APPROVED AND PROPOSED at a meeting held on the 22nd day of January 1980. y r ATTEST: M AHLERS. GOONEY. DORWEILER. HAYN IES SMITH. LAWYER B. DEY MOINES. IOWA j ob RESOLUTION NO. 80-26 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: Hy -Vee Food Stores, Inc, dba Hy -Vee Food Store #3, 1201 N. Dodge 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 by Vevera that the Resolution as read be adopted, and upon roll call there were: Balmer Lynch Erdahl Neuhauser Perret Roberts Vevera AYES: NAYS: ABSENT: x x Passed and approved this 29th day of January , 19 80 . Attest: ,z�_. cce� City Clerk 33 M RESOLUTION NO. 80-27 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: Hy -Vee Food Stores, Inc. dba Hy -Vee Food Store #3, 1201 N. Dodge 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 Vevera that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Balmer x ch Erdahl x Neuhauser x Perret x Roberts x Vevera x x Passed and approved this 29th day of January , 19 80 Attest: / City Clerk J414 3 iz RESOLUTION NO. 80-28 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: Hy -Vee Food Stores, Inc. dba Drugtown #2, 1201 N. Dodge 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 Vevera that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Balmer x Lynch x Erdahl x Neuhauser x Perret x Roberts x Vevera x Passed and approved this 29th day of January , 1980 Attest:���� City Clerk IT 3s RESOLUTION NO. 80-29 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: Hy -Vee Food Stores, Inc. dba Drugtown 112, 1201 N. Dodge 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 byy vP Pia that the Resolution as read be adopted, and upon roll call there were: Vevera x Passed and approved this 29th day of January 1 Attest: a�� City Clerk 3(P AYES: NAYS: ABSENT: Balmer x Lynch x Erdahl x Neuhauser x Perret x Roberts x Vevera x Passed and approved this 29th day of January 1 Attest: a�� City Clerk 3(P N, RESOLUTION NO. 80-30 RESOLUTION SETTING PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF FY 81 LANDFILL EXCAVATION PROJECT DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECT- ING CITY ENGINEER TO PLACE SAID PLANS, ETC., ON FILE FOR PUBLIC INSPECTION. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That a public hearing on the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project is to be held on the 19thday of February , 19 80 , at 7:30 P.M. in the Council Chambers, Civic Center, Iowa City, Iowa. 2. That the City Clerk is hereby authorized and directed to publish notice of the public hearing for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the city, not less than four (4) nor more than twenty (20) days before said heariny. 3. That the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project are hereby ordered placed on file by the City Engineer in the office of the City Clerk for public inspection. It was moved by pprrpr and seconded by Vevera that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: x x x x x x ABSENT: x Passed and approved this ATTEST: BALMER ERDAHL LYNCH NEUHAUSER PERRET ROBERTS VEVERA 29th day of January , 19 80 By The Legal Departncnf 1� RESOLUTION NO. 80-31 RESOLUTION DECLARING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRES ISSUANCE OF CERTAIN TAXI -CAB CERTIFICATES. WHEREAS, pursuant to Ordinance No. 2844, a Certificate of Public Convenience and Necessity is required prior to the operation of any taxi- cab upon the streets of Iowa City, Iowa, and, WHEREAS, Hawkeye Cab Company has made application for such Certificate, and, WHEREAS, a public hearing was held on the 15thday of January 1980 , on the application, and, WHEREAS, council deems that the public convenience and necessity requires the issuance of such Certificate(s) to Hawkeye Cab Company for the operation of Z taxi -cabs. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the City Clerk is authorized to issue a Certificate of Public Convenience and Necessity to Hawkeye Cab Company for 2 taxi -cabs, pending applicant's compliance with all provisions of Ordinance No. 77-2844, as amended. 2. The Mayor is authorized to sign, and the City Clerk to attest, this Resolution. EWA FWA A" -2 - It was moved by Vevera and seconded by Roberts that theResolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer xrdahl x Iynch x Neuhauser x Perret x Roberts x Vevera Passed and approved this 29th day of Janus ATTEST: CITY CLERK MAYOR 19.60 Received & Approved .37 By The Legal Department - / apo RESOLUTION NO. 80-32 RESOLUTION AWARDING SUPPLEMENTAL CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST A SUPPLEMENTAL CONTRACT FOR THE CONSTRUCTION OF City Plaza Project WHEREAS, Parkview Company has submitted the best bid for the construction of the above-named project. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the supplemental contract for the construction of the above-named project is hereby awarded to Parkview Company , subject to the condition that awardee secure adequate performance bond and insurance certificates. 2. That the Mayor is hereby authorized to sign and the City Clerk to attest the said contract for the construction of the above-named project, subject to the condition that awardee secure adequate performance bond and insurance certificates. It was moved by Perret and seconded by Roberts that the Resolution as read be adopted, and upon roll call vote there were: AYES: NAYS: ABSENT: BALMER ERDAHL LYNCH NEUHAUSER PERRET ROBERTS VEVERA Passed and approved this 29th day of January , 19 $O— ATTEST: CITY CLERK Received & Approved By The Legal Depart:7ent S l- 5"—gO SUPPLEMENTAL CONTRACT Project: City Plaza - Central Business District Streetscape Improvement Project This supplemental agreement, entered into by and between, the City of Iowa City, and Parkview Co. hereinafter called "Contractor'. Twenty three thousand, five That the contractor in consideration of hundred forty-four and 50/100 Dollars ($ 23,544.50) payable as set forth under the terms of the original contract and specifications, constituting part of this contract, does hereby agree to complete the followina work in accordance with the plans and specifications and the original contract: In Witness Whereof the parties have set their hands for the Purposes herein expressed, as of the 29th day of January , 1980 . CITYA IOWA CITY CONTRACTOR: P arkview Company B L. e,'. Bye== Afla ti „✓ Date: January 29, 1980 Ao,o iG y lcl, �n V :J Date: All other terms of the original contract between the parties herein relating to the supplemental terms set forth above, including but not limited to indemnification provisions, shall remain in force and effect as initially agreed. RECEIVED & APPROVED BY .THE LEGAL DEPARTIM RESOLUTION NO. 80-33 RESOLUTION ACCEPTING THE MRK FOR CITY PLAZA PROJECT WHEREAS, the Engineering Department has recommended that the im- provement covering the City Plaza Project, excluding items listed in supplemental contract as included in a contract between the City of Iowa City and Parkview Company of Iowa City, Iowa dated May 2, 1978 be accepted, AND WHEREAS, the Council finds the improvement is in place and does comply with the requirements for such improvements, AND WHEREAS, maintenance bonds have been filed, NOW THEREFORE, BE IT RESOLVED by the City Council of Iowa City, Iowa, that said improvements be hereby accepted by the City of Iowa City, Iowa. It was moved by Roberts and seconded by Erdahl that the resolution as read be a opt , and upon roll call there were: AYES: NAYS: ABSENT: BALMER x ERDAHL x LYNCH x NEUHAUSER x PERRET x ROBERTS x VEVERA x Passed and approved this 29th day of January , 19 80 \ ybr ATTEST: ! ( 4 < t C U� City Clerk ; Received & Approved By The Legal Dcpart:nant jfs /- X A 4��- Council Member Erdahl_ _ introduced the following Resolution entitled—'rREfOLUTION DIRECTING THE DELIVERY OF CONSTRUCTION WARRANTS IN PAYMENT OF CONTRACT", and moved its adoption. Council Member Lynch seconded the motion to adopt. The roll was called and the vote was, AYES: Perret, Roberts, Vevera, Balmer, Erdahl,_1�ynch_2_Neuhauser NAYS: None Whereupon, the Mayor declared the following Resolution duly adopted: 80-34 RESOLUTION DIRECTING THE DELIVERY OF CONSTRUCTION WARRANTS IN PAYMENT OF CONTRACT WHEREAS, the Council of the City of Iowa City, Iowa, heretofore entered into contract for the construction of the 1979 BDI Second Addition Improvements, and in said contract provided that payment to the contractor or contractors, and others, would be made at the option of the City by the delivery of Construction Warrants issued pursuant to Section 384.57 the City Code of Iowa, bearing interest at seven percent (78) per annum; and WHEREAS, the following balances are owing in connection with the construction of said public improvements above referred to, and have been duly approved by the Project engineer with provisions for retaining not less than ten percent (108) thereof, as required by Chapter 573, Code of Iowa, 1979, as amended, to -wit: -2- AHLERS. COONEY. OORWEILCR. HAYNIE D SMITH. LAWYERS. OE• MOINES. IOWA I I� and WHEREAS, the above firm or firms are now entitled to payment for said sums owing: NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: That the Mayor and Clerk are authorized and directed to execute and deliver to said above contractor or contractors, and others, Construction Warrants drawn on the 1979 BDI Second Addition Improvements Construction Fund, as follows: CONSTRUCTION WARRANT NO. TO DATE AMOUNT 08 Parkview 1/14/80 $13,070.25 -3- AHLERS. COONEY. DORWEILEH. HAYNIE S SMITH, LAWYERS, DEB MOINES. IOWA //- No. _ 08 $_11�07Q_25 UNITED STATES OF AMERICA - STATE OF IOWA CITY OF IOWA CITY 1979 BDI SECOND ADDITION IMPROVEMENTS CONSTRUCTION WARRANT This instrument is evidence that the City of Iowa City, Iowa, hereby promises to pay toParkview Co. of Iowa City. Tnwa , its successors or assigns, -e sum o13,070.25 with interest thereon at the rate of seven percent (78) per annum, until called for payment. Interest shall commence if this warrant is not paid upon presentation hereof. This Warrant is drawn on and payable solely from the 1979 BDI Second Addition Improvements Construction Fund, or any fund from which payment for such work may be made. This instrument is one of a series of similar instruments given in payment for street and sewer improvements designated as the 1979 BDI Second Addition Improvements, of said City, being constructed under contract dated June 15 , 1979 , and issued under authority of Section 384.57 of the City Code of Iowa. The City of Iowa City reserves the right to prepay the amount represented hereby at any time with accrued interest to the date of such payment. Both principal and interest of this Warrant are payable at the office of the City Treasurer or Financial Officer of the City of Iowa City, State of Iowa. IN WITNESS WHEREOF, the City of Iowa City has caused this instrument to be executed by its Mayor, and attested by its Clerk, with the seal of said City affixed as of the 14th day of January 19 80 (SEAL) �I Y F IOWA CITY, IOWA ATTU'S I �) ayor 1 L4�- Clerk thislhisc`instrument presented and not paid for want of funds day of 19 ,in r i City Tre surer AHLIR5. COONEY. DORWEILER. HAYNIE 6 SM11H. LAWYERS. DE• MoINE6. IOWA 11-3 PASSED AND APPROVED, this 29th day of January 19 80 — -- ----- ---- �"' a o ��- ATTEST: Clerk (SEAL) -4- AHLERS. COONEY. DORWEILER. HAYNIE 6 SHITH. LAWYERS. DER MOINES. IOWA fI ASSIGNMENT The attached Construction Warrant in the amount of $ is hereby assigned to in consfderation of receipt by the undersigne rom said assignee of the sum of $ Dated this __ _ day of _ 19 (Insert name of company or engineer or other person entitled to the temporary obligation and be certain that the assignment is properly executed by the officials of the respective company, engineer, or other person so entitled thereeo.) AHLERS. COONEY. DORWEILER. HAYNIE B SMITH. LAWYERS. DCB MOINES. IOWA 44-6 //6 RESOLUTION NO. 80-35 RESOLUTION APPROVING CLASS "B" BEER PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class "B" Beer Permit Application is hereby approved for the following named person or persons at the following described location: Jose M. Elizondo dba E1 Fronterizo Restaurant, 1200 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 for approval to be endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by Neuhauser and seconded by Vevera that the Resolution as reae3-badopted, and upon roll call there were: AYES: NAYS: ABSENT: Balmer x Lynch x Erdahl x Neuhauser x Perret x Roberts x Vevera x Passed and approved this 5th day of February , 19 80 Attest: 4u - City Clerk d 7 RESOLUTION NO. 80-36 RESOLUTION OF APPROVAL OF CLASS B SUNDAY PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class I B Sunday Permit application is hereby approved for the following named person or persons at the following described location: Jose M. Elizondo dba E1 Fronterizo Restaurant, 1200 S. Gilbert 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 Neuhauser and seconded by -Vevera that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Balmer x Lynch x Erdahl x Neuhauser x Perret x Roberts x Vevera x Passed and approved this 5th day of Februar 1980 vi • -� r Attest: �& City Clerk J/S RESOLUTION NO. 80-37 RESOLUTION APPROVING CLASS C LIQUOR CONTROL LICENSE APPLTC'A= BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Liquor Control License application is hereby approv7or the following named person or persons at the following described location: Crow's Nest, Inc. dba The Crow's Nest, 328 E. Washington Said approval shall be subject to any conditions or re- strictions hereafter imposed by ordinance or State law. The City Clerk shall cause a recommendation for approval to he endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond, sketch of the premises and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by Neuhauser and seconded by vevera that the Resolution ae reaee�adopted, and upon roT% aIT there were: AYES: NAYS: ABSENT: Balmer X Lynch x Erdahl x Neuhauser X Perret X Roberts Vevera X Passed and approved this 5th day of February , 19 80 Attest: City Clerk 14 RESOLUTION NO. 80-38 RESOLUTION TO ISSUE DANCING PERMIT BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Dancing Permit as provided by law is hereby granted to the following named person and at the following described locations upon his filing an application, having endorsed thereon the certificates of the proper city officials as to having complied with all regulations and ordinances, and having a valid Class "B" Beer Permit or liquor control license, to wit; Crow's Nest, Inc. dba The Crow's Nest, 328 E. Washington It was moved by Neuhauser and seconded by Vevera that the Resolution as read e adopted, and upon rol ca t ere were: AYES: Balmer x Lynch x Erdahl Neuhauser x Perret Roberts x Vevera x NAYS: ABSENT: x x Passed and approved this 5th day of February r 19 80 . �////,,11/� ay r Attest: C �L City Clerk 07 /-:_� -(x-, RESOLUTION NO. 80-388 RESOLUTION SETTING PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF CENTRAL BUSINESS DISTRICT STREETSCAPE IMPROVEMENT PROJECT PHASE -17--B DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECT- ING CITY ENGINEER TO PLACE SAID PLANS, ETC., ON FILE FOR PUBLIC INSPECTION. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That a public hearing on the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project is to be held on the 19thday of February , 19 80 , at 7:30 P.M. in the Council Chambers, Civic Center, Iowa City, Iowa. 2. That the City Clerk is hereby authorized and directed to publish notice of the public hearing for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the city, not less than four (4) nor more than twenty (20) days before said hearing. 3. That the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project are hereby ordered placed on file by the City Engineer in the office of the City Clerk for public inspection. It was moved by Neuhauser and seconded by Veyera 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 5th day of February 19_ 80 ATTEST: By The Legal L)Lpartniont ��/ RESOLUTION NO. 80-39 A RESOLUTION REGARDING THE ISSUANCE OF NOT TO EXCEED $2,000,000 IN AGGREGATE PRINCIPAL AMOUNT OF INDUSTRIAL DEVELOPMENT REVENUE BONDS (E. B. & A. C. WHITING COMPANY PROJECT) OF THE CITY OF IOWA CITY, IOWA DIRECTING PUBLICATION OF NOTICE OF INTENTION TO ISSUE, AND CALLING A PUBLIC HEARING ON THE PROPOSAL TO ISSUE SAID BONDS AND AUTHORIZING EXECUTION OF A MEMORANDUM OF AGREEMENT. WHEREAS, the City of Iowa City, Iowa (hereinafter referred to as the "City") is a municipal corporation organized and existing under the laws and the constitution of the State of Iowa, and is authorized and empowered by Chapter 419 of the Code of Iowa (hereinafter referred to as the "Act"), to issue Industrial Development Revenue Bonds and loan the proceeds from the sale of said Bonds to one or more parties to be used to defray all or a portion of the cost of acquiring, constructing, improving and equipping a "Project" as that term is defined in the Act, for the purpose of securing and developing industry and trade within or near the City in order to create jobs and employment opportunities and to improve the economic welfare of the residents of the City and of the State of Iowa; and WHEREAS, the City has been requested by E. B. & A. C. Whiting Company, a Vermont corporation duly qualified and authorized to do business in the State of Iowa (hereinafter Z� referred to as the "Company"), to authorize and issue its Industrial Development Revenue Bonds pursuant to the provisions of the Act for the purpose of defraying all or a portion of the cost of acquisition, construction, improving and equipping of a facility for manufacturing and processing thermoplastic monofilaments (hereinafter referred to as the "Project"), which Project will be owned and operated by Company; and WHEREAS, said Project will create additional employment opportunities for residents of the City and the surrounding area; will enhance the tax base of the City and overlapping taxing jurisdictions and will provide and induce other public benefits flowing from the conducting of increased industrial operations which will add to the welfare and prosperity of the City and its inhabitants; and WHEREAS, the City has determined that the amount necessary to defray all or a portion of the cost of acquisition, construction, improving and equipping the Project, including necessary expenses incidental thereto, will require the issuance by the City of not to exceed $2,000,000 aggregate principal amount of its Industrial Development Revenue Bonds pursuant to the provisions of the Act, and it is proposed that the City loan said amount to Company under a Loan Agreement between the City and Company pursuant to which loan payments will be made by the Company in amounts sufficient to pay the principal of an interest and premium, if any, on said Bonds, as and when the same shall be due; and WHEREAS, the Bonds, if issued, shall be limited obligations of the City, and shall not constitute nor give rise to a pecuniary li bility of the City or a charge against its general credit or taxing powers, and the principal of and interest and premium, if any, on the Bonds shall be payable solely out of the revenues derived from the Project to be financed by the Bonds; and WHEREAS, regulations promulgated under Section 103(c) of the Internal Revenue Code of 1954, as amended, may require that the Issuer of such Revenue Bonds adopt a Bond Resolution with respect to such Revenue Bonds or take some other similar official action toward the issuance of such Revenue Bonds prior to the commencement of construction or acquisition of materials or equipment to be used in such industrial activities, and it is intended that this Resolution shall constitute "some other similar official action" toward the issuance of the Industrial Development Revenue Bonds within the meaning of said federal income tax regulations; and WHEREAS, before the Bonds may be issued, it is necessary to conduct a public hearing on the proposal to issue the Bonds, all as required and provided by Section 419.9 of the Act. NOW, THEREFORE, Be It and It Is Hereby Resolved by the City Council of Iowa City, Iowa, as follows: Section 1. A public hearing shall be conducted on 1980, at Z`, 3p o'clock � M., before this City Council in the City Hall, Iowa City, Iowa, on the proposal to issue not to exceed $2,000,000 aggregate principal amount of the City's Industrial Development Revenue Bonds (E. B. & A. C. Whiting Company Project) pursuant to the provisions of the Act, for the purpose of defraying all or a portion of the cost of acquisition, construction, improving and equipping of a facility for manufacturing and processing thermoplastic monofilaments, the Project, including necessary expenses incidental thereto, and all local residents who appear at said hearing shall be given an opportunity to express their views for or against the proposal to issue such -6- 11q / Bonds; and at said hearing, or any adjournment thereof, this City Council shall adopt a resolution determining whether or not to proceed with the issuance of said Bonds. Section 2. The City Clerk of the City is hereby directed to publish one time, not less than fifteen (15) days prior to the date fixed for said hearing, in the Press -Citizen, a legal newspaper published and having a general circulation within the City, a Notice of Intention to issue said Bonds in substantially the following form: Section 3. All resolutions and orders or parts thereof, in conflict herewith are, to the extent of such conflict, hereby repealed, and this Resolution shall be in full force and effect immediately upon its adoption. 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 5th day of February , 1980. ATTEST: j/' 9 NOTICE OF PUBLIC HEARING OF INTENTION TO ISSUE INDUSTRIAL DEVELOPMENT REVENUE BONDS (E. B. & A. C. WHITING COMPANY PROJECT) Notice is hereby given that a public hearing will be conducted before the City Council of Iowa City, Iowa, in the City Hall, Iowa City, Iowa, at 7;30 o'clock p .M., on February 26 , 1980, on the proposal to issue not to exceed $2,000,000 principal amount of the City's Industrial Development Revenue Bonds (E. B. & A. C. Whiting Company Project) pursuant to the provisions of Chapter 419 of the Code of Iowa, for the purpose of defraying all or a portion of the cost of acquisition, construction, improving and equipping of a facility for manufacturing and processing thermoplastic monofilaments, an industrial development project within said City, suitable for use as a facility for manufacturing and processing thermoplastic monofilaments. The proposed facility will be owned by E. B. & A. C. Whiting Company, a Vermont corporation. It is contemplated that a Loan Agreement will be entered into between the City and E. B. & A. C. Whiting Company, under which the City would loan to said Company the proceeds from the sale of the Bonds in return for loan payments from the Company sufficient to pay the principal of and interest and premium, if any, on such Bonds as the same shall fall due. Such Bonds, if issued, and the interest thereon will be payable solely out of the revenues derived from the said Loan Agreement and shall never constitute an indebtedness of said City within the meaning of any state constitutional provision or statutory limitation, and shall not constitute nor give rise to a pecuniary liability of said City or a charge against its general credit or taxing powers. All local residents who appear at said hearing shall be given an opportunity to express their views for or against the proposal to issue said Bonds, and at said hearing, or any adjournment thereof, the City Council of said City shall adopt a resolution determining whether or not to proceed with the issuance of said Bonds. By order of the City Council. IZZ Ab ie Stolfus, CiyyClerk S0 RESOLUTION NO. 80-40 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST CONTRACT FOR THE ACQUISITION OF REAL PROPERTY FOR 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 amount designated opposite each Parcel: Parcel No. Purchase Price 4 $189,991.00 It was moved by Roberts and seconded by Neuhauser 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 5th day of Feb. ,1980. 'z::::�2YQ R ATTEST: t�u CITY CLERK that the RECEIVED 6 APPROVED BY THE 12GAL, DEPAS71iF,Ny S/ CONTRACT FOR ACQUISITION OF RIGHT-OF-WAY Parcel No. 4 IDOT Agreement No. 78-S-083 Project No. M-4051(2)--81-52 Road: South Gilbert Street %W S AGREEMENT made and entered into this 5th day of February 1980, by and between Ronald Wade and Patricia N. Wade, husband and wife, and Iowa Glass Depot, Inc., Seller, and the CITY OF IOWA CITY, Buyer. In consideration of the agreements, covenants, and provisions herein contained, Seller hereby agrees to sell and furnish to Buyer a Warranty Deed, on form(s) furnished by Buyer, and Buyer agrees to purchase the real property situated in the City of Iowa City, County of Johnson, State of Iowa, and legally described as follows: Beginning at the S.E. corner of Lot 11, Sand Lake Addition to the City of Iowa City, Iowa; thence N 89°22'49" W 101.34 feet; thence N 45°37'11" E 10.36 feet; thence N 00°37'11" E 5.17 feet; thence northerly 156.52 feet along a 1095.83 foot radius curve concave easterly and whose 156.39 foot chord bears N 04°42'42" E; thence S 89°22'49" E 82.86 feet; thence S 00°37'11" W 168.49 feet to the point of beginning. Said tract contains 15,288 square feet more or less. The premises include all estates, rights, title and interests in the real property specified subject to all easements, whether temporary or permanent. Seller consents to the proposed establishment, realignment and/or any change of grade of South Gilbert Street and hereby accepts payment under this contract for any and all damages arising therefrom. The premises also include all rights, title, interest and leasehold in all advertising devices and the right to erect such devices as are located thereon. This sale is the result of threat of condemnation by Buyer. This contract shall apply to and bind the legal successors in interest of the Seller and Seller agrees to pay all liens and assessments against the premises, including all taxes assessed and payable at the time of delivery of the conveyance and agrees to warrant good and sufficient title. If title to this property becomes an asset of any estate, trust, conservatorship or guardianship, Seller agrees to obtain court approval of this contract if deemed necessary by the Buyer's attorney. Names and addresses of lienholders are: First National Bank, Iowa City, Iowa Seller agrees to furnish and deliver to Buyer at the Civic Center, 410 East Washington Street, Iowa City, Iowa 52240, an abstract of title continued to date hereof showing merchantable title to the premises in Seller and agrees to make all necessary abstract corrections and Buyer agrees to pay the cost of continuing the same. In addition to the Lump Sum, Buyer agrees to pay costs necessary and incident to transferring the premises to the Buyer, i.e. abstracting, mortgage prepayment penalties, mortgage release payments, documentary stamps, recording fees and similar fees and costs, but not attorney fees. Claims for such payments shall be made on forms furnished by Buyer and paid in an amount supported by paid receipts or signed bills. Reimbursement for expenses incidental to the transfer of legal title shall be made by Buyer at closing conference. Seller warrants that there are no tenants on the premises holding under lease except: Seller warrants that there are no tenants on the premises holding without lease except: Robert Gibson, d/b/a Bob's Service Center; Buyer shall take the premises subject to the rights of the tenant. Subject to the payment of the Lump Sum, Seller does hereby assign his rights under the terms of said lease to so much of the leased premises as is the subject of this contract. C5-1 F 5. By signing this contract Seller does not jeopardize his right to relocation assistance benefits for which he may be eligible under law. 6. Possession of the premises is the essence of this contract and Buyer may take immediate possesion of the premises per the terms of this contract for purposes set forth herein. Seller may at his option surrender possession of the premises, or building, or improvement, or any part thereof located thereon prior to the time at which he has hereinafter agreed to do so. Seller agrees to give Buyer ten (10) days notice of Seller's intention to vacate the premises to Buyer at the Civic Center, 410 East Washington Street, Iowa City, Iowa 52240. Upon Seller's vacation of the premises, Buyer may enter and may assume full possesion, use and enjoyment of same. 7. Buyer agrees to pay and Seller agrees to grant the right of possession, to convey title and to surrender physical possession of the premises as shown on the Schedule listed below. Payment Amount Scheduled Performance Performance Date $ on right of possession $ on conveyance of title $ on surrender of possession $189,991.00 on possession and on or before conveyance March 1, 1980 $189,991.00 TOTAL LUMP SUM Ronald Wade and Patricia N. Wade: $182,000.00 Iowa Glass Depot, Inc.: $7,991.00 Buyer and Seller hereby agree that the amounts described herein constitute just compensation to Seller for all property interests described herein. B. Claims for all lump sum payments are certain and due and payable on or before the date specified herein. Buyer may include mortgagees, lienholders, encumbrancers and taxing bodies as payees on warrants for contract payments. 9. If, and only if, the Seller, immediately preceding this sale, holds the title to the premises in joint tenancy, and such joint tenancy is not later destroyed by operation of law or by acts of the Seller, then the proceeds of this contract, and any continuing and/or recaptured rights of Seller in said real property, shall be and continue in Seller as joint tenants with rights of survivorship and not as tenants in common; and Buyer, in the event of the death of either of such joint tenants, agrees to pay any balance of the proceeds of this contract to the surviving Seller and to accept deeds solely from him. 10. It is agreed Buyer may enter on the premises, upon Seller signing the contract, if necessary for the purpose of obtaining field information. 11. Seller hereby grants to Buyer a temporary construction easement over the following described real property, to -wit: All of Lot 11 Sand Lake Addition to the City of Iowa City, Iowa except the following described tract: Beginning at the S.E. corner of Lot 11 Sand Lake Addition to the City of Iowa City, Iowa; thence N 89°22'49" W 101.34 feet; thence N 45°37'11" E 10.36 feet; thence N 00°37'11" E 5.17 feet; thence northerly 156.52 feet along a 1095.83 5Y foot radius curve concave easterly and whose 156.39 foot chord bears N 04°42'42" E; thence S 89°22'49" E 82.86 feet; thence S 00°37'11" W 168.49 feet to the point of beginning. for the purposes of construction of street improvements on South Gilbert Street in the City of Iowa City, Iowa. This grant conveys to Buyer, and its agents, employees, and contractors employed by Buyer for the construction of said improvements, the right to enter and encroach upon the above described real property for the period of construction of said improvements. This grant includes, but is not limited to, the following purposes: excavation, removal of pavement, ka�tsakkaikkaxxxif sewa�s�xiazscbzkkaC�icat2xakxxakexxmazwa, installation of pxuv=texot, sidewalks, and driveways, and grading the street, sidewalks or driveways to street grade. This grant may also include storage of equipment or materials on the above described real property. It is expressly understood that Buyer, by accepting this grant of temporary construction easement, agrees to replace and repair any damage to said real property caused by said construc- tion and agrees to fine grade and reseed said real property. The said temporary construction easement shall become null and void upon completion of construction of street improvements on South Gilbert Street in the City of Iowa City, Iowa, said easement to extend no longer than one construction season during 1980. 12. This written contract constitutes the entire agreement between the parties and it is understood that there is no agreement to do or not to do any act or deed except as specifically provided for herein. The entire contract consists of 4 pages. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals the date first above written. SELLER: r r R6nW1d Wade Patricia N. Wade SELLER'S ACKNOWLEDGMENT STATE OF IOWA ) ) SS COUNTY OF JOHNSON .A On this _L day of //fes/ , 1980, before me, the undersigned, a Notary Pub i in and for th state of IowaI �o my of Johnson, personally appeared ;�T 7Kd�— to me known to be the identical persons named in and who executed the foregoing instrument and acknowledged that they executed the same as their voluntary act and deed. Notary Public in and for the State of Iowa My Commission expires SELLER: JI WAG AS DEPOT, INC. BY: TITLE:.4C SELLER'S ACKNOWLEDGMENT STATE OF IOWA ) ) SS COUNTY OF JOHNSON ) I, , a notary public said county, in the State of Iowa, do hereby certify that to me personally known to be , of in and for , a corporation, and also known to me to be the person whose name is subscribed to the foregoing instrument, appeared before me this day in person and acknowledged that as such , he signed, sealed and delivered the said instrument as the free and voluntary act of said corporation, for the uses and purposes therein set forth, and that he was duly authorized to execute the same by the board of directors of said corporation. Given under my hand and notarial seal this day of , 1980. My Commission expires Notary in and for the State of Iowa BUYER: CITY OF IOWA CITY BY ^_ MAYOR ATTEST: c CITY CLERK BUYER'S ACKNOWLEDGMENT STATE OF IOWA SS COUNTY OF JOHNSON On this day of` /612,4e 1980, before me, the under- signed, a Notary Public in and for the State of Iowa, County of Johnson, personally appeared John -R. Balmerand Abbie Stolfus, to me personally known, who by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the said municipal corporation, executing the within and foregoing instrument; that said instrument was signed and sealed on behalf of said municipal corporation by the authority of its City Council; that the said Mayor and City Clerk as such officers acknow- ledged the execution of said instrument to be the voluntary act and deed of said municipal corporation, by it and by them voluntarily executed. Notary Public in and for the State of Iowa My Commission expires L_�� .30 /14Z KJ, RESOLUTION NO. 80-41 RESOLUTION APPROVING CLASS "B" BEER PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class "B" Beer Permit Application is hereby approved for the following named person or persons at the following described location: Edna Eldeen dba Hilltop Tavern, 1100 N. Dodge ST. Said approval shall be subject to any conditions or re- strictions hereafter imposed by ordinance or State law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by Roberts and seconded by Neuhaus that the Resolution as rete adopted, and upon roll ca ft there were: AYES: NAYS: ABSENT: Balmer x L yn,c h x Erdahl x Neuhauser x Perret x Roberts x Vevera x Passed and approved this 12th day of February 19 80 r Attest: City Clerk siz PART 1 -- HEARING PROCEEDINGS _February 12 , 1980 The City Council of Iowa City, Iowa, met in re ular session, in the Council Chambers, Civic Center, Iowa city, Iowa, at 7:30 o'clock P.M., on the above date. There were present Mayor John Balmer , in the chair, and the following named Council Members: Erdahl, Neuhauser, Perret, Roberts Vevera Absent: Lynch The Mayor then called for objections to the adoption of the proposed Resolution of Necessity for the construction of the 1980 Melrose Avenue Sanitary Sewer Extension Assessment Project in the corporation, pursuant to notice of the time and place of hearing duly published and mailed, and pursuant to prior action of said Council; and announced to those present at said Council meeting that both written and oral objections would be received and considered by the Council at this time. Written and oral objections were then received or heard. Council member for the receiving Council member _ adopted. Neuhauser of objections be closed. Roberts On moved that the Seconded by vote, the motion time was After reviewing all the objections received, the Council found and determined that no remonstrance, pursuant to the provisions of Section 384.51 of the City Code of Iowa, was filed with the Council, pertaining to the proposed improvement as set out in said Resolution of Necessity as originally proposed. -1- AHLERS. GOONEY. DORWEILER. HAYNIESSMITH. LAWYERS, DES MOINES. IOWA S3 PART 3B Council Member Neuhauser introduced the following Resolution entitle RESOLUTION ADOPTING RESOLUTION OF NECESSITY," and moved its adoption. Council Member Roberts seconded the motion to adopt. The roll was called and the vote was, AYES: Vevera, Balmer, Erdahl, Neuhauser, Perret, Roberts ABSENT: Lynch NAYS: None Whereupon, the Mayor declared the following Resolution duly adopted: RESOLUTION NO. 80-42 RESOLUTION ADOPTING RESOLUTION OF NECESSITY BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: That the Resolution of Necessity introduced at a meeting of this Council on February 12 , 1980, (and as au:,erret"t3 lay - -- of Wick Q@"r?"4•1 en i fie 31!-rh d -&y bf , 1"lffd), for the construction of the 1980 Melrose Avenue Sanitary Sewer Extension Assessment Project, described in said Resolution of Necessity, notice having been given as required by law for hearing thereon, be and the same is hereby adopted and all objections filed have been fully considered and are hereby overruled. PASSED AND APPROVED, this 12TH day of FEBRUARY 1980. ATTEST: L Clerk -4- AHLERE• COONEY. DORWEILER• HAYNIE O SMITH. LAWYERO, DE" MOINES, IOWA S3 PART 3C Council Member Roberts introduced the following Resolution entitled "RE UTI DIRECTING PREPARATION OF DETAILED PLANS AND SPECIFICATIONS, FORM OF CONTRACT AND NOTICE TO BIDDERS ON THE 1980 MELROSE AVENUE SANITARY SEWER EXTENSION ASSESSMENT PROJECT" and moved that it be adopted. Council Member Neuhauser seconded the motion to adopt. The roll was called and the vote was, AYES: Balmer, Erdahl, Neuhauser Perret, Roberts, Vevera ABSENT: Lynch NAYS: None Whereupon, the Mayor declared the following Resolution duly adopted: RESOLUTION N0. 80-43 RESOLUTION DIRECTING PREPARATION OF DETAILED PLANS AND SPECIFICATIONS, FORM OF CONTRACT AND NOTICE TO BIDDERS ON THE 1980 MELROSE AVENUE SANITARY SEWER EXTENSION ASSESSMENT PROJECT BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: That Eugene A. Dietz, P.E., City Engineer, Engineer, is hereby ordered and directed to prepare and file with the Clerk detailed plans and specifications for the construction of the 1980 Melrose Avenue Sanitary Sewer Extension Assessment Project. BE IT FURTHER RESOLVED that the Attorney is hereby ordered and directed to prepare and file with the Clerk a Notice to Bidders and form of contract for the construction of the 1980 Melrose Avenue Sanitary Sewer Extension Assessment Project. -5- AHLERS. COONEY. DORWEILER. HAYNIE & SMITH. LAWYERS. DEB MOINES, IOWA S .1 PASSED AND APPROVED this 12th day of February 1980. ATTEST: clerk r -6- AHLERS. COONEY, DORWEILER. HAYN It 6 SMITH. LAWYERS, DES MOINES. IOWA SS PART 3D Council Member Neuheuser introduced the following Resolution and moved .its a opt on. Council Member Perret seconded the motion to adopt. The roll was called and the vote was, AYES: Balmer, Erdahl, Neuhauser, Perret, Roberts, Vevera ABSENT: Lync NAYS: None Whereupon the Mayor declared the following Resolution duly adopted: RESOLUTION NO. 80-44 RESOLUTION ORDERING BIDS, APPROVING PLANS, SPECIFICATIONS AND FORM OF CONTRACT AND NOTICE TO BIDDERS, FIXING AMOUNT OF BID SECURITY, AND ORDERING CLERK TO PUBLISH NOTICE AND FIXING A DATE FOR RECEIVING SAME, AND FOR A PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATE OF COSTS BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: That the 1980 Melrose Avenue Sanitary Sewer Extension Assessment Project, is hereby ordered to be advertised for bids for construction. BE IT FURTHER RESOLVED that the detailed plans and specifications as prepared by Eugene A. Dietz, P.E., City Engineer, for the project, for the construction of the 1980 Melrose Avenue Sanitary Sewer Extension Assessment Project, and the form of contract and Notice to Bidders, as approved by the Attorney, be and the same are hereby approved, subject to hearing thereon, and are hereby ordered placed on file in the office of the Clerk for public inspection. BE IT FURTHER RESOLVED, that the amount of the security to accompany each bid shall be in an amount which shall conform to the provisions of the notice to bidders hereby approved as a part of said specifications. -7- AHLERS. GOONEY. DORWEILER. HAYNIE G SMITH. LAWYERS. DEB MOINES. IOWA v6� BE IT FURTHER RESOLVED, that the Clerk be and is hereby directed to publish notice to bidders once in the IOWA CITY PRESS -CITIZEN , a legal newspaper, printed o—w o rEy in the English language, published at least once weekly and having general circulation in this City. Publication shall be not less than four clear days nor more than twenty days prior to March 19 , 1980, which latter date is hereby fixed as the date for receiving bids. Said bids are to be filed prior to 10:00 o'clock A.M., on said date. Bids shall be received and opened at a public meeting presided over by the City Engineer who shall report the results of said bids to the next meeting of this Council on March 25 , 1980. In the absence of said officer, the Clerk or other public officer designated by the Mayor shall assume said function. BE IT FURTHER RESOLVED, that the Clerk be and is hereby directed to publish notice of hearing once in said newspaper, said publication to be not less than four clear days nor more than twenty days prior to the date hereinafter fixed as the date for a public hearing on the plans, specifications, form of contract and estimate of costs for said project. BE IT FURTHER RESOLVED, that this Council meet in the Council Chambers in the City Hall at 7:30 o'clock P .M., on March 25 , 1980, for the purpose of conducting a public hearing on the plans, specifications, form of contract and estimate of costs for said improvements and for the purpose of acting on the bids to be received for the construction thereof in accordance with the Notice to Bidders to be published as herein provided. PASSED AND APPROVED this 12th day of February , 1980. ATTEST: clerk yor am AHLERS. GOONEY. OORWEILER. HAYNIE h SMITH, LAWYERS, DEB MOINES, IOWA 6-7 J� RESOLUTION NO. 80-45 RESOLUTION AMENDING THE CLASSIFICATION PLAN FOR CLASSIFIED PERSONNEL BY RECLASSIFYING POSITIONS WHEREAS, the City of Iowa City, Iowa, employs certain classified personnel, and WHEREAS, it is necessary to amend the FY80 Pay Plan included in Resolution No. 79-297. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA, that Resolution No. 79-297 be amended by: 1. The deletion of one Police Dispatcher position from the Police Department in Range 4 of the Classified Pay Plan. 2. The addition of one Chief Radio Operator position in the Police Department in Range 7 of the Classified Pay Plan. It was moved by Perret and seconded by Neuhauser that the Resolution be a opts , and upon roll call there were: AYES: x x x x x x NAYS: ABSENT: Balmer x Lynch Erdahl Neuhauser Perret Roberts Vevera Passed and approved this 12th day of February , 1980 J&LATTEST: c ( _ City Clerk RECEIVED A APrRo VM BY THE LEGAL DEPARTMENT Sk Passed and approved this 19th day of February , 19 80 Attest: City Clerk �� �.� ;,, P ..: '�.•� _. -Ids• /� _ ... _ �`Y. ._ - yy�Y'�ri ue� Y�� .r >, �£ �� J9•�T��' 'fT`��f'�"1 g,i �J i92�'F *1'1T `,' .. t- . .. ,. �::= � - .^ � �' h — J _ _ �pK _ _ p. ` .. .� b _ _ - &.. �T �_' [dpi f' ._ a q^ _ � -}* \' .d� - _ Y RESOLUTION NO. 80-47 RESOLUTION SETTING PUBLIC HEARING ON ADDENDUM TO THE SANITARY SEWERA FACIL11Y PLAN DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING" AND DIRECTING CITY ENGINEER TO PLACE SAID PLAN ON FILE FOR PUBLIC INSPECTION. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That a public hearing on the above-named project is to be held on the 1st day of April , 19 80 at 7:30 P.M. in the CouncTT Chambers, Civic Center, Iowa­_Cty,owl 2. That the City Clerk is hereby authorized and directed to publish notice of the public hearing for the above-named project in a newspaper published at least once weekly and having a general circulation in the city, not less than four (4) nor more than twenty (20) days before said hearing. 3. That the plan of the above-named project is hereby ordered placed on file by the City Engineer in the office of the City Clerk for public inspection. It was moved by Vevera and seconded by Neuhauser that the resolut on as rea a adopted, and upon roll call t ere were; AYES: NAYS: ABSENT: 01 Balmer Erdahl Lynch Neuhauser Perret Roberts Vevera Passed and approved this 19th day of February 1980 OR 1 - ATTEST: t v CITY CLERK Received & /approved By The Legal Department �?u�r aAV/," �;G RESOLUTION NO. 80-48 RESOLUTION SETTING PUBLIC HEARING ON BUDGET ESTIMATE FOR THE FISCAL YEAR JULY 1, 1980, THROUGH JUNE 30, 1981. BE IT RESOLVED by the City Council of Iowa City, Iowa, that a Public Hearing be held in the Civic Ctr. at 7:30 p.m., March 4, 1980, to permit any taxpayer to be heard for or against the proposed FY81 Budget for the year ending June 30, 1981. The City Clerk is hereby directed to give notice of public hearing and the time and place thereof by pub- lication in the Iowa City Press -Citizen, a newspaper of general circulation in Iowa City, at least four (4) days before the time set for such hearing. It was moved byyevera and seconded by Neuhauser 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 19th day of February , 3v �. -r __ Received & Ao",')VOCI By The Legal D •% • I :n nt 61 RESOLUTION NO. 80-49 A RESOLUTION SETTING A PUBLIC HEARING ON A PROPOSAL TO CONVEY THE VACATED PORTION OF SAND ROAD TO DAVID BRAVERMAN AND D.J, TRUST WHEREAS, the City shall acquire a portion of the Country Kitchen parking lot by condemnation in furtherance of the FAUS Gilbert Street Project, and WHEREAS, the conveyance of the vacated portion of Sand Road, more particularly described in Exhibit A, and by this reference made a part hereof, as part of the condemnation award to David Braverman, the owner of the Country Kitchen property, would lessen the damages suffered by the property owner as a result of the FAUS Gilbert Street Project. NOW, THEREFORE, BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, 1. That a public hearing be held at 7:30 p.m. on February 26, 1980 in the Civic Center, 410 E. Washington Street, Iowa City, on the proposal to convey the vacated portion of Sand Road to David Braverman. 2. That the City Clerk be directed to publish notice of the public hearing. It was moved by Vevera and seconded by Neuhauser that the resolution as read be adopted, and upon roll cal there were: AYES: NAYS: ABSENT: x Balmer X Erdahl X Lynch X Neuhauser X Perret x Roberts X Vevera Passed and approved this 19chday of February 1980. 7 AYOR ATTEST: r_&LA::�L_ CITY CLERK Received & Approved By The Legal Dspaitmsnt EXHIBIT A Al that part of the Sand Road right of way as follows: Commencing at the northeast corner of Government Lot 4 in Section 15, Township 79 North, Range 6 West of the Fifth P.M.; thence S 43007'05"W, 317.10 feet to the point of beginning, said point being located at the centerline of Sand Road and 60.00 feet southwesterly from the centerline of Highway 6 By -Pass; thence S 70°58' 34" E, 75.00 feet parallel to the centerline of Highway 6 By -Pass; thence S 11033' 00" W, 70.60 feet to the highway right-of-way, said point being 130.00 feet southwesterly from the centerline of Highway 6 By - Pass; thence N 70058' 34" W, 21.32 feet to the centerline of Sand Road; thence N 22054' 00" W, 94.08 feet to the point of beginning. Said tract contains 3371 square feet, more or less. Also subject to a permanent easement over the entire tract. and in addition, Commencing at the northeast corner of Government Lot 4 in Section 15, Township 79 North, Range 6 West of the fifth p.m.; thence S43007105"W, 317.10 feet to the point of beginning, said point being located at the centerline of Sand Road and 60.00 feet southwesterly from the centerline of Highway 6 By -Pass; thence S22°54'00"E 108.73 feet; thence S67°06'00"W 55.00 feet; thence northeasterly 23.56 feet along a 15 foot radius curve concave northwesterly and whose 21.21 foot chord bears N22°06'00"E; thence N22°54'00"W 121.17 feet to the northeast corner of Lot 1, Part 1, Southgate Addition to the City of Iowa City, Iowa; thence S78°27'00"E 48.51 feet to the point of beginning. Said tract contains 4946 square feet more or less. 6z /t�v 1�e4J ESOLUTION NO. 80-50 RESOLUTION APPROVING CLASS C LIQUOR CONTROL LICENSE APPLiU'IM BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Liquor Control License application is hereby approved7or the following named person or persons at the following described location: Ambrose-Lovetinsky, Inc. dba Woodfields, 223 E. Washington St. Said approval shall be subject to any conditions or re- strictions hereafter imposed by ordinance or State law. The City Clerk shall cause a recommendation for approval to he endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond, sketch of the premises and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by 1vand seconded by Rpberts that the Resolution as read be adopted, and upon roZT—caIT there were: AYES: NAYS: ABSENT: Balmer x Lynch x Erdahl x Neuhauser x Perret x Roberts x yevera x Passed and approved this 19th day of February 19 80 . Attest: a14- 2t4 - City Clerk 015 RESOLUTION NO. 80-51 RESOLUTION TO ISSUE DANCING PERMIT BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Dancing Permit as provided by law is hereby granted to the following named person and at the following described locations upon his filing an application, having endorsed thereon the certificates of the proper city officials as to having complied with all regulations and ordinances, and having a valid Class "B" Beer Permit, to wit: Ambrose-Lovetinsky, Inc. dba Woodfields, 223 E. Washington St. It was moved by Robeand seconded by _Gevera that the Resolution as rearts e adopted, and upon rol ca t ere were: Balmer AYES: NAYS: ABSENT: x Lvnch x Erdahl x Neuhauser x Perret x Roberts x Vevera x Passed and approved this 19th day of February 19 80 l M r I Attest:— (0/ I ttest: RESOLUTION NO. 80-52 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FOP14 OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE FYBI IANOFTII EXCAVATION PROJECT ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECT- ING CITY CLERK TO PUBLISH NOTICE TO BIDDERS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. WHEREAS, notice of public hearing on the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project was published as required by law, and the hearing thereon hold. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the plane, specifications, form of contract, and estimate of cost for the construction of the above-named project are hereby approved. 2. That the amount of bid security to accompany each bid for the construction of the above-named project shall be in the amount of 10% of bid payable to Treasurer, City of Iowa City, Iowa. J. That the City Clerk is hereby authorized and directed to publish notice for the receipt of bids for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the city not leas than four (4) nor more than twenty (20) days before the date establiahad for the recelpi of bide. 4. That bids for the construction of the above-named project are to be received by the City of Iowa City, Iowa, at the Office of the City Clerk, at the Civic Center, until 10:00 a.m. on the 6th day ofMarch 19BL. Thereafter, the bids will be opened by the Clty Enqineer and thereupon referred to the Council of the City of Iowa City, Iowa, for action upon said bide at its next meeting to be held at the Council Chambers, Civic Center, Iowa City, Iowa, at 7:30 P.m. on the 18th day of Marrh , 1980 6 6- Page 2 Resolution No. 80-52 It was moved by Vevera and seconded by Perret that the Resolution as rea eZf� a�ea, and upon roll ca -I1 tTere were: AYES: NAYS: ABSENT: x Balmer x Erdahl x Lynch x Neuhauser x Perret x Roberta x Vevera Passed and approved this 19th day of February , 1980. ATTEST: CITY CLERK MAYOR RacePved & Approv-3 Ley al Do; arlmei,t 6S RESOLUTION NO. 80-53 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF CENTRAL BUSINESS DISTRICT STREETSCAPE IMPROVEMENT PROJECT PHASE II -B ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECT- ING CITY CLERK'TO PUBLISH NOTICE TO BIDDERS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. WHEREAS, notice of public hearing on the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project was published as required by law, and the hearing thereon hold. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project are hereby approved. 2. That the amount of bid security to accompany each bid for the construction of the above-named project shall be in the amount of $100,000.00 payable to Treasurer, City of Iowa City, Iowa. 3. That the City Clerk is hereby authorized and directed to publish notice for the receipt of bide for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the city not less than four (4) nor more than twenty (20) days before the date established for the receipt of bide. 4. That bids for the construction of the above-named project are to be received by the City of Iowa City, Iowa, at the Office of the City Clerk, at the Civic Center, until 2:00 P.M. on the 25th day of March , 1%1. Thereafter, the bids will be opened by the—_ Cify Engineer or his designee , and thereupon referred to the Council of the City of Iowa City, Iowa, for action upon said bide at its next meeting to be held at the Council Chambers, Civic Center, Iowa City, Iowa, at 7:30 P.M. on the 8th day of April , 1980 . Received tz By The Legal Dapar'nmcnt 177 Yx.. Page 2 Resolution No. 80-53 It was moved by Perret and seconded by Neuhsuser that the Resolution as rea e�T�a oop`e3, and upon roll ca—II tFere were: AYES: NAYS: ABSENT: x BALMER x ERDAHL x LYNCH x NEUHAUSER x PERRET x ROBERTS x VEVERA Passed and approved this 19th day of February 1%0 MAYOR ATTEST: C t- (6 e t J CITY CLERK RESOLUTION NO. 80-54 RESOLUTION OF THE CITY OF IOWA CITY , IOWA BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY IOWA, that the Council authorizes the construction of the sewage treatment works project known as project number(s) C190830 02 and all contracts and agreements necessary thereto. BE IT FURTHER RESOLVED that the Council accepts the offer of a State grant of 5 percent of the estimate of reasonable cost of the project under the terms specified in the Grant Agreement and that John Balmer , Mayor, and Abbie Stolfus , Clerk are hereby authorized and directed to execute the Grant Agreement and any amendments thereto and affix the seal of the City thereto on behalf of the City and that Neal Berlin is authorized and directed to sign and date the documents required by the Comptroller of Iowa for payment of the grant amount by the State. The undersigned duly qualified and acting City Clerk of the City of Iowa City Iowa, does hereby certify: That the above Resolution is a true and correct copy of the Resolution accepting the Grant Agreement regularly adopted at a legally convened meeting of the City Council of the City of Iowa City , Iowa, duly held on the 19th day of February , 1980 ; and further that the resolution has been fully recorded in the Journal of Proceedings and Records in my office. IN WITNESS WHEREOF, I have hereunto set my hand this 19th day of February 19g1L. It was moved by Neuhauser - and seconded by Lynch that the Resolution as reaCle a opte an upon roll call there were: AYES: NAYS: ABSENT: x Balmer X Erdahl x Lynch -x Neuhauser Perret Roberts Vevera Passed and approved this 12th day of February 4ayo����- 1980. ATTEST: 71Y r. -U, !ZGAr, DIWART,.. wr City Clerk 2-11- f'd 47 Section One. State of Iowa Iowa Water Quality Commission Department of Environmental Quality Parties. GRANT AGREEMENT This agreement is entered into by the Water Quality Commission of the Department of Environmental Quality (hereafter, the Commission) for and on behalf of the State of Iowa and the City of Iowa City, Iowa (hereafter, the Municipality). Section Two. Authority. The Commission, having determined that the above described project is eligible for federal pollution abatement assistance under the Federal Water Pollution Control Act Amendments of 1972, eightly-six (B6) Stat, eight hundred sixteen (816); that the construction contract was entered into subsequent to July 1, 1966; that the project conforms with the applicable rules and regulations of the.Commission and that the project is necessary for.the accomplishment of the State's policy of water purity, is authorized to enter into this agreement by Chapter 455B, Division III, Part 3, of the Code of Iowa, 1979. The funds for this grant were appropriated by, and this grant is made pursuant to, Chapter 1205, Laws of the Sixty -Sixth General Assembly, 1976 Session. The Municipality is authorized to construct this project by resolution number 80-54 of the governing body of the Municipality, a certified copy of which is attached hereto as an Appendix. Section Three. Description of the Project. The project is the sewage works construction project which is identified by project number(s) C190830 02. Section Four. Estimate of Reasonable Cost. The estimate of the reasonable cost of the project as determined by the Commission is $3,643,900.00. The estimate of the reasonable project cost and the maxi- mum amount payable by the Commission may be increased by amend- ment to this grant agreement if and only if the Commission determines that there is a reasonable proposed material revision in the project or that there has been a delay, not attributable to lack of diligence by the Municipality, which has caused a material change in the cost of the project. Section Five. Agreement. 5.1 Grant Amount - Consideration of the Commission. The Commission agrees to pay to the Municipality an amount not greater than five percent (5%) of the estimate of the reason- able cost to wit an amount not greater than $182,200.00. In the event the actual reasonable cost of the project upon completion of construction is less than the estimate of the reasonable cost specified in section four (4) of this agreement, the Commission agrees to pay to the Municipality an amount equal to five percent (58) of the actual reasonable cost. mac/W13 67 5.2 Consideration of the Municipality. The Municipality agrees to: a) Proceed expeditiously with and complete the project in accordance with plans and specifications approved pursuant to Chapter 455B, Division III, Parts I and III, of the Code of Iowa, 1979. b) Commence operation of the sewage treatment works on completion of the project, and not discontinue operation or dis- pose of the sewage treatment works without the approval of the Commission. c) Operate and maintain the sewage treatement works in accordance with the applicable provisions of Chapter 455B, Division III, Part I, of the Code of Iowa, 1979, and in accor- dance with the rules of the Commission. d) Pay the cost of the project other than the grant amount specified by the terms of section 5.1 of this grant agreement regardless of whether Federal pollution abatement assistance is received. e) Obtain approval by the Commission before making sub- sequent application for, or accepting, subsequent Federal assistance for pollution abatement. f) In the event that Federal assistance would make total State and Federal assistance exceed one hundred percent of the estimate of the reasonable cost, the Municipality agrees to reim- burse the State for payments made by the State which cause total assistance to exceed one hundred percent of the estimate of reasonable cost. In the event the actual reasonable cost of the project is less than the estimate of reasonable cost, the Municipality agrees to reimburse the State for any payment made by the State in excess of five percent (58) of the actual reso- nable cost. Section Six. Time of Payment. Progress payments may be made by the State for actual costs incurr-ed during the course of construction. The total of progress payments by the State shall not exceed ninety-five percent (958) of the grant amount, to wit $173,000.00. Progress Payments shall be due as they accrue. Payment by the State of the final five percent (58) of the grant amount, to wit $9,200.00, shall not be due until construction has been completed and the Department of Environmental Quality (hereafter, DEQ) has inspected the project and certified that construction was completed in accordance with plans and specifi- cations previously approved by DEQ. No payment by the State shall be due until DEQ has received signed and dated documents in accordance with section seven (7) of this agreement. Section Seven. Submission of Vouchers and Method of Payment. Payment by the State shall be due when DEQ has received signed and dated documents required by the Comptroller of Iowa for payment by the State. Payment by the State shall be made in accordance with the provi- sions of Section 455B.72 of the Code of Iowa, 1979. mac/W13 to Section Eight. Conditions Precedent. This grant agreement shall be effective only if the following conditions precedent are fulfilled. 1. That the grant offer is accepted by the Municipality and such acceptance is shown by subscription of an agent of the Municipality authorized by resolution number 80-54 of the governing body, a certified copy of which is attached as an Appendix, to accept the offer of the Commission on behalf of the Municipality. 2. That the Attorney General approve this grant agreement as to form, and such approval is shown by the subscription of the Attorney General. Section Nine. Effective date. The effective.date shall be the date on which the Attorney General subscribes and dates this document. On behalf of the Municipality, I, The undersigned, being duly authorized to take such action as evidenced by the Appendix to this agreement do hereby accept the grant of the Commission under the terms herein stated. Date February 19, 1980 By City of IAwa City Title Attes (Seal) City Cle As Secretary to the Commission and to the Executive Committee, I, the undersigned, certify that this grant agreement was approved by the Commission on April 25, 1979, and was approved by the Executive Committee of DEQ on April 26, 1979, and the approvals are noted in the minutes. Further, as authorized by the Iowa Water Quality Commission, I execute this agreement on behalf of the State of Iowa and the Iowa Water Quality Commission. Date O By Executi e Director Department of Environmental Quality This agreement is approved as to form. Thomas J. Miller Attorney GQeneral/hof Iowa Date )II p� 31� I �i k� By �0 Assisfffint Attorney General mac/W13 G7 pCr.' GRANT AGREEMENT AMENDMENT FEB I, -''J M ''ju ENV.F L aLAV jY The grant agreement between the Commission and the City of Iowa City, Iowa for project number(s) CM830 02 is amended as follows: Item 1. Section four (4) of the grant agreement is amended by changing the estimate of reasonable cost to $6,509,300.00. Item 2. Section five (5) of the grant agreement is amended by changing the grant amount to $325,460.00. Item 3. Section six (6) of the grant agreement is amended by changing the total of the progress payments to $309,100.00 and by changing the final payment to $16,360.00. On behalf of the Municipality, I, the undersigned, being duly authorized, do hereby execute this amendment. Date February 19, 1980 (Seal) By City of Iowa City Title Mayoor, /�� � �•z_ Attest City Clerk As secretary to the Commission and to the Executive Committee, I, the under- signed, certify that this grant agreement amendment was approved by the Commisssion on January 23, 1980, and was approved by the Executive Committee of DEQ on January 25, 1980, and approvals are noted in the minutes. Further, as authorized by the Iowa Water Quality Commission, I execute this amendment on behalf of the State of Iowa and the Iowa Water Quality Commission. Date 2 - 27- 80 This agreement is approved as to form. Date nia& ., 3 , isg-o mac/W13 - IOWACITY4 L'/o ExecutivelDirector Department of Environmental Qulity Thomas J. Miller Attorney General of Iowa Assis a t Attorney General --- -ii �a . /_3�_ - - — --- - — - - -- ---- ---------- RESOLUTICN NO. 80-55 RESOLVfION AUTHORIZING EX=ION OF AMENDMENT TO CONTRACT WITH VEENSTRA AND KIMM WHEREAS, the City of Iowa City, Iowa, has negotiated an amendment to a contract with Veenstra & Kimn , a copy of said amen—dm-e—nT— being attached s Resolutim and by ffas reference made a�1: and, WHEREAS, the City Council deans it in the public interest to enter into said amendmend to begin the design of the new treatment plant and the outfall sewer connecting the existing plant to the proposed plant, subject to IDEQ and EPA approval NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL: 1. That the Mayor and City Clerk are hereby authorized and directed to execute the amendment with Veenstra & Kimm 2. That the City Clerk shall furnish copies of said to any citizen requesting same. It was moved by N e u h n u s e r and seconded by V e v e r a the Resolution be adopted, and upcn 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 19 t h day of February 19B 0. i - ATTEST: City Clerk Z'-15.- -,s- s•„ l4g ---"/ Jf SIXTH AMENDMENT TO AGREEMENT WHEREAS, the City of Iowa City, hereinafter referred to as the City, entered into an agreement dated March 4, 1975, with Veenstra & Kimm, Engineers & Planners, hereinafter referred to as the Consultant, for the preparation of a Facility Plan in accordance with Title II of the Federal Water Pollution Control Act Amendments of 1972 (Public Law 92-500), as amended, and as further amended by the Clean Water Act of 1977 (Public Law 95-217), and WHEREAS, the parties hereto executed the original agreement and amendments thereto, dated June 10, 1975, May 10, 1977, August 23, 1977, May 12, 1978, and June 13, 1979, hereinafter referred to collectively as the Agreement, providing for the engagement of the Consultant for services directed toward completion of a Facility Plan, including an Infiltration/Inflow Analysis, a Sewer System Evaluation Survey and a Complete Waste Treatment System Plan, all of which comprise said Facility Plan, and WHEREAS, said Facility Plan has now been completed in accordance with current water quality standards and effluent ligiitations, and WHEREAS, said Facility Plan has been reviewed by the City and submitted to the Iowa Department of Environmental Quality (IDEA) and the U.S. Environmental Protection Agency (EPA) for review and approval, and WHEREAS, said Facility Plan includes recommendations for a new water pollution control plant, a new outfall sewer, sewer system rehabilitation work and new trunk and interceptor sewers, and WHEREAS, it is timely for the City to proceed with the design and preparation of plans and specifications for the water pollution control plant and the outfall sewer, and such other improvements set forth in the Facility Plan which may be included by amendment, and WHEREAS, the City desires to make application and receive a Step 2 (Design) federal grant from EPA to fund seventy-five percent (75X) of the engineering and related fees for the design, preparation of plans and specifications and related services for the water pollution control plant and outfall sewer, and for other improvements set forth in the Facility Plan as may be added by amendment, and WHEREAS, the City desires to engage the services of the Consultant for the following Step 2 (Design) services: 1. Design and preparation of plans and specifications, 2. Preparation of a preliminary plan of operation in accordance with Program Requirements Memorandum #77-3 of the EPA Construction Grants Program, 3. Arrangement for subsurface soils investigations of the plant site and along the route of the outfall sewer to be undertaken by a reputable soils testing firm under the direction of the Consultant, -1- 4. Arrange for, by subcontract, a value engineering analysis performed in accordance with 40 CFR 35.926, by an independent firm experienced in value engineering analyses, of the design of the water pollution control plant and excluding the interceptor and collector sewers, 5. Redevelop and modify the City's user charge system, as necessary (40 CFR 35.929-1 through 35.929-3) on the then current financial requirements during preparation of plans and specifications, 6. Assist, as required, in the development of a sewer use ordinance as ✓ required by 40 CFR 35.927-4, 7. Development of an industrial cost recovery system, if required, as set ✓ forth in 40 CFR 35.928, 35.928-1, 2, 3, 4 and 5, and 35.935-13. 8. Development of an approvable, municipal pretreatment program which shall be in accordance with 40 CFR Part 403 - General Pretreatment Regulations for Existing and New Sources of Pollution published in the Federal Register, Volume 44, No. 210 - Monday, October 29, 1979, and WHEREAS, said Step 2 (Design) services shall be considered complete and ° finished upon the date of award of construction contracts and shall exclude any services beyond that date for general services during construction, resident review and construction staking, final plan of operation, plant startup and operator training and any other services normally associated with the Step 3 (Construction) phase and not specifically included herein. NOW, THEREFORE, it is hereby agreed by and between the parties to the Agreement that said Agreement is amended by adding the following paragraphs and subparagraphs relative to engineering and related services during the Step 2 (Design) phase. "GENERAL 1. It is understood and agreed that the project referred to herein shall include the new water pollution control plant and outfall sewer described in the aforementioned Facility Plan, and in accordance with any addenda and/or amendments to said Facility Plan. It is further understood and agreed that the scope of the project may be modified by mutual agreement of the parties hereto to include sewer system rehabilitation work, new trunk and interceptor sewers, in accordance with the rehabilitation work and new trunk and interceptor sewers recommended in said Facility Plan, or other related improvements. 2. The Consultant shall prepare the application and supporting documents for the Step 2 grant and shall prepare all reports and requisitions for payment required by the regulatory agencies relative thereto. Said grant is intended to fund seventy-five percent (75%) of the cost of the engineering and related services concurrent with progress toward completion of Step 2 work on the project. -2- It is understood and agreed that the Consultant shall not proceed with the design of, or preparation of plans and specifications and the preliminary plan of operation, or any other work on the project, until the EPA Step 2 grant offer is accepted by the City and the City issues written notice to the Consultant to proceed with Step 2 services. STEP 2 (DESIGN) GRANT SERVICES 1. Design and Plans and Specifications The Consultant shall perform the following specific services relative to design of the improvements, preparation of plans and specifications and other work necessary for advertising for and taking of bids and awarding of contracts for the Project: a. Conduct design surveys in the field, including information relative to line, grade, topography and other features as are necessary for the design and preparation of plans and specifications for the Project. Design surveys do not include surveys for acquisition of land, easements and rights-of-way. , b. Prepare such detailed plans and specifications as are reasonably necessary and desirable for construction of the Project. The specifications shall describe, in detail, the work to be done, the materials to be used and the construction methods to be followed. The plans and specifications shall comply with the requirements of the state and federal regulatory agencies for projects of this type. Plans and specifications shall be submitted to the City and to the regulatory agencies (IDEQ and EPA) for review and approval. The plans and specifications shall be considered complete upon approval by IDEQ and EPA. c. The Consultant shall prepare the outfall sewer plans at a scale of 1"=20' wherever necessary for clarity. This scale shall be used for the plans in the vicinity of the existing water pollution control plant, the crossing of U.S. Highway 6 Bypass, adjacent to the marina on the Iowa River and at other locations mutually agreed upon by the City and the Consultant. The Consultant shall prepare a site plan of the water pollution control plant at such a scale to fit on a 24" x 36" reproducible mylar. During the design period, the Consultant shall provide the City with three sets of plans for review at the completion of each phase of the Project. Determination of phases shall be by mutual agreement of the City and the Consultant based upon a pre -design conference to be held in the offices of the City. In addition, the Consultant shall furnish plans and computations on timely bases for review of structural and other applicable design for compliance with the Uniform Building Code. It is understood that this review or reviews will be accomplished by the City or such agency as it may designate. It is understood and agreed that any charges made by the reviewing agency will be paid by the City. The Consultant shall, in the preparation of plans and specifications of the water pollution control plant, adopt such designs that are cost-effective and that optimize the conservation of energy, manpower and natural resources through automation of the plant operations and the use of innovative technology. Upon completon of the plans and specifications and approval of same by all regulatory agencies, the Consultant shall furnish the City with three sets of approved plans and specifications. If requested by the City, the Consultant shall furnish to the City a reproducible mylar of each contract drawing. It is understood that these mylars are in addition to those which will be furnished to show as -built construction following completion of Step 3 construction not provided for in this Amendment. d. Assist the City in the preparation of notice to contractors and provide plans and specifications for prospective bidders. e. Have a representative present when bids are opened and prepare a tabulation of bids for the City and advise the City in making awards subject to approval of the regulatory agencies. Following proposal of awards by the City, assist in the preparation of the necessary construction contract documents and secure approval of the regulatory agencies for the City to make final award. f. Cooperate with an attorney provided by the City; comply with all local, state and federal regulations. g. The Step 2 grant services under this item shall be considered complete and finished on the day that the City finally awards construction contracts for the project. h. Complete the design and preparation of the plans and specifications, but not the advertising for bids and award of contracts, within six hundred forty (640) calendar days after the City accepts an EPA Step 2 grant offer and issues written notice to proceed to the Consultant to proceed with the services set forth herein. 2. Preliminary Plan of Operation The Consultant shall perform the following specific services relative to a preliminary plan of operation: a. Describe the existing treatment and outfall sewer facilities and the need for the new construction; set forth a brief description of the major components of the new construction. b. Enumerate the operational needs for the new system. c. Organize the needs and establish target dates for the starting and completing of necessary actions to meet the needs. -4- M. d. Set forth a guide for preparation of a plan of operation to be completed during the Step 3 phase of the Project. e. Set forth start and completion dates for major components including staffing and training; reports, records, laboratory control; process control and startup; safety; emergency operating plan; maintenance management; operation and maintenance manual; operation budget; and ordinances and reports. f. The preliminary plan of operation will be completed concurrently with the plans and specifications. 3. Subsurface Soils Investigations The Consultant shall engage the services of a reputable soils testing firm to perform subsurface soils investigations at the plant site and along the route of the outfall sewer. The Consultant shall provide suitable maps and drawings showing the locations of the various soil borings and will stake and mark such boring locations in the field. The Consultant shall also provide supervision and administration of the soils investigations as required for proper execution of the work. Subsurface soils investigations shall include the following: a. Provide soil borings along the route of the outfall sewer to show soil descriptions at various depths of bore, elevations of water table and rock profile. Summarize the results of the test borings in a written report. b. Provide test drilling and sampling at the water pollution control plant site using a helical -type power auger in accordance with procedures set forth in ASTM D1452; sample soils with split -spoon in accordance with ASTM D1586 and/or thin-wall Shelby tube in accordance with ASTM D1581. Conduct standard penetration tests at each hole in the field. c. Establish a soil profile of the site. d. Laboratory test representative samples for unconfined compressive strength, moisture content and sample dry weight densities; classify soil types by observation of auger cuttings and undisturbed samples. e. Establish bearing capacities and settlement characteristics for design of foundations. f. Provide soil borings in the area of the storm water retention pond to provide design information as to the suitability of the soils for lagoon construction, groundwater elevation and other pertinent information; provide recommendations as to any treatment necessary for sealing of bottom of lagoon. g. Provide for completion of soils investigation and written reports for timely completion of design and preparation of plans and specifications. -5- 69 Value Engineering Analysis The Consultant shall provide for a value engineering analysis in accordance with 40 CFR 35.926 and subcontract with an independent firm experienced in such analyses of the design of the water pollution control plant. The consultant shall provide for precoordination of the value engineering activities; prepare a design outline for materials, equipment and processes proposed; provide a detailed cost estimate, by unit, early in the design and prior to VE workshops, provided for herein; prepare for and attend two VE workshops led by the subcontractor; provide review and response to the workshop findings; coordinate differences between proposed design and workshop findings; attend meetings and conferences with the City and the subcontractor and prepare necessary correspondence. The value engineering subcontractor shall provide the following services to the Consultant: a. Conduct a VE analysis for cost control and protection of financial resources relative to the design and construction of the water pollution control plant portion of the Project. d b. Conduct two VE workshops, one at 20-25% completion of the plans and specifications and the other at 50-60% completion, each designed to evaluate unit processes, site arrangements and approaches to specific design areas. It is understood that the second workshop will involve greater detail than the first and will be directed toward specific design aspects including piping, equipment, electrical, structural and heating, ventilating and air-conditioning aspects. c. Prepare a written report following each workshop to set forth those areas where cost savings can be realized without detriment to quality and reliability of the project. d.. Provide oral presentations to the City, Consultant and regulatory agencies following each workshop. e. Coordinate implementation of the report recommendations with the City and Consultant. f. The value engineering activities will be completed in a timely manner so as to permit completion of plans and specifications within the time set forth in l.h. 5. User Charge System The Consultant shall review the user charge system previously developed by the City for funding the operation and maintenance of the existing collection and treatment facilities. The Consultant shall recommend such changes, in coordination with the City's staff, as are necessary to reflect the following: -6 & C a. The increased cost of operation and maintenance for the new facilities. b. Funding of debt service costs for the new facilities. c. The annual funding requirement to provide for replacements of the new facilities. d. Any changes in requirements for user charges promulgated by IDEQ and/or EPA. e. The City may perform such computations and other services relative to user charge system as it deems proper. f. The Consultant shall complete the user charge system services concurrently with completion of the plans and specifications. 6. Sewer Use Ordinance The Consultant shall review the sewer use ordinance provided for in 40 CFR 35.927-4 and previously prepared by the City; the Consultant shall make such changes in said ordinance as may be directed by the City or by IDEQ and EPA. The City may perform such services relative to changes in the sewer use ordinance as it deems proper. The Consultant shall complete the services regarding the sewer use ordinance concurrently with completion of the plans and specifications. 7. Industrial Cost Recovery System The Consultant shall develop an industrial cost recovery system provided for in 40 CFR 35.928, as follows: a. Determine the industrial users in accordance with 40 CFR 35.905. b. Calculate industrial users' share of costs based on factors significantly affecting the cost of the treatment works. c. Determine the industrial cost recovery period. d. Determine frequency of payments by industries affected by the industrial cost recovery system. e. Provide for and calculate, if any, additional payments for total reserve capacity for industrial wastes in the treatment works. f. The industrial cost recovery system shall be developed by the Consultant concurrently with completion of the plans and specifications. -7- 4 .JFF II. Pretreatment Program The Consultant shall develop a pretreatment program consistent with 40 CFR 403 which shall include the following: a. Perform an industrial survey, including identification of system users, the character and volume of pollutant discharge, type of industry and location. b. Evaluation of legal authority, including adequacy of enabling legislation in selection of mechanism, to be used for enforcement of a pretreatment program. c. Evaluation of financial programs and other revenue sources to insure adequate funding to carry out the pretreatment program. d. Determination and development of technical information necessary to support the drafting of a control document for enforcement of pretreatment standards. e. Design of a monitoring enforcement program. f. Determination of pollutant removals by the treatment facilities. g. Determination of the costs for pollutants entering the treatment works which interfere with the operation of equipment for sludge processing or disposal. h. Determination of required monitoring equipment for the treatment facilities. i. Determination of municipal facilities to be constructed for monitoring and analysis of industrial wastes. j• The Consultant shall provide for laboratory analyses of wastewater sludge samples as required by Schedule R2A of the Treatment Facility Construction Permit Application of IDEQ. The Consultant shall arrange for collection of the wastewater sludge samples, transporting of the collected samples to a laboratory and the laboratory analysis required. k. The Consultant shall complete the work for the pretreatment program concurrently with completion of the plans and specifications. The EPA rules and regulations at the time of preparation of this Amendment are tentative. It is understood and agreed that in the event rules and regulations are changed in the future, the scope of services and compensation for the work set forth herein may be modified, as mutually agreeable to the parties hereto, to suit the then current rules and regulations. M SPECIAL CONDITIONS The following special conditions shall apply to this Amendment: 1. The Consultant shall subcontract for riot less than five percent (5%) the fees for services under this Amendment to a Minority Business Enterprise (MBE) capable of performing such services. Said services may include field and design surveys, design computations and/or preparation of plans for the outfall sewer or the water pollution control plant. The subcontract and the utilization of the MBE shall in accordance with the provisions of 40 CFR 35.936-7 and the constructions grants notice of EPA Region VII of March 21, 1979, entitled IMPLEMENTATION OF POLICY FOR INCREASED USE OF MINORITY CONSULTANTS AND CONSTRUCTION CONTRACTORS. of be 2. The provisions of Appendix C-1, required by 40 CFR 35.937-9(c) and attached hereto, are hereby incorporated by reference and made a part hereof and shall be adhered to by the Consultant. Should any provisions in Appendix C-1 conflict with any other provisions, Appendix C-1 shall control. d 3. The Consultant shall provide qualified personnel, equipment, subcontractors and facilities necessary to conplete the services outlined herein. All services set forth in this Amendment will be performed by the Consultant or under his supervision and all personnel engaged in the services will be fully qualified. 4. The Consultant shall not commit any of the following employment practices and agrees to include the following clauses in any subcontract: a. To discharge from employment or refuse to hire any individual because of race, sex, color, religion, national origin, sexual orientation, • marital status, age or disabilty unless such disability is related to job performance of such person or employee. b. To discriminate against any individual in terms, conditions or privileges of employment because of race, sex, color, religion, national origin, sexual orientation, marital status, age or disability unless such disability is related to job performance of such person or employee. 5. Should the City abandon the Project, or any task therein, before the Consultant has completed the work, the Consultant shall be compensated for the work and services performed to the date of written notice of abandonment. Compensation shall be on the basis of the sum of Direct LaboplusraCpercentage ofrthe fixed fee basedeon theect Costs and Inirct percentage s incurred to that date percentage of work completed for the task so abandoned. 6. It is understood and agreed that the employment of the Consultant by the City for the purposes aforesaid shall be exclusive, but the Consultant shall have the right to employ such assistants as he may deem proper in the performance of the work subject to the approval of the City. 7. The Consultant shall provide special services upon written request of the City. Said services shall include land surveys, computations and legal descriptions as are required to permit the City to purchase land and/or acquire easements and rights-of-way for construction and any other special services the City may request. It is understood that such special services are generally not eligible for grant participation. It is understood and agreed that the Consultant shall bill the City separately for these special services on the same basis as provided for herein for other services and that the City shall pay for the services as herein specified for other services provided for in this Amendment. 8. The Consultant shall furnish the City with certificates of insurance by an insurance company licensed to do business in the State of Iowa stating that the insurance cannot be cancelled or materially altered without giving the City at least thirty (30) days written notice by registered mail, return receipt requested, for the following specific coverages: a. Personal injury accident and/or death and property damage. The coverage provided shall be $250,000 each personal injury accident and/or death, $500,000 each aggregate personal injury accident and/or deaths and $50,000 for each property damage accident. b. Errors and omissions coverage in the amount of not less than $500,000. c. Workmen's compensation in the amounts required by law. 9. This Amendment, and each and every portion thereof, shall be binding upon the successors and assigns of the parties hereto. COMPENSATION FOR STEP 2 SERVICES 1. The City shall compensate the Consultant for the work performed under Step 2 (Design) services based upon the actual costs incurred plus a fixed fee in accordance with EPA Forms 5700-41 (2-76) with attachments, attached to and made a part of this Amendment. The actual cost and the fixed fee for each component of the work to be done shall be as shown hereinafter. 2. Should the scope of the work, as defined herein and on the grant application, change and require the costs of performing the work to exceed the amounts shown herein, a further amendment shall be negotiated between the parties hereto and must be approved by grant amendment issued by EPA before such change in costs be approved and authorized by the City. -10- c �0 0 3. The Consultant shall submit monthly invoices proportional to total project services completed. Invoices shall be due and payable upon receipt and shall be paid by the City within thirty (30) days from date of receipt of invoice. Invoices shall be itemized against each of the eight (8) tasks in this Amendment and for special services. 4. Final payment will be made based on actual work accomplished, subject to the conditions set forth herein, and written notice by the Consultant to the City of completion of the services for the Project. 5. The fees of the Consultant shall be based on the costs of (1) Direct Labor Cost, (2) Indirect Costs, which constitute allowable overhead, (3) other Direct Costs, which constitute expenses of the Consultant, and (4) a Fixed Fee which is a percentage of the sum of (1), (2) and (3). For purposes of this Amendment, it is understood and agreed that the Indirect Costs (overhead) have been established at one hundred fifty percent (150%)of direct labor. It is further understood and agreed by the parties hereto that the ratio of 150% is subject to upward or downward adjustment during the course of the Project, or after Project completion, depending upon the results of an audit, or audits, of the operations of the Consultant by the Audit Division of EPA, Regiofl VII. Following such audit, or audits, the fees paid, or to be paid, will be adjusted accordingly. The purposes of fee computations, the term Direct Labor Cost shall refer to the actual hourly wages, including hourly overtime wages, paid to persons employed on an hourly basis or, in the case of persons employed on an annual basis, the Direct Labor Cost shall be that person's annual salary, without bonuses or pension allowances or any other benefits paid to or on behalf of the person, divided by 2,080. It is understood and agreed that the hourly rates shown on the Forms 5700-41, attached hereto, were used to develop a maximum fee and the actual hourly rates charged may vary upward or downward from those shown depending upon the actual rates paid to the employees involved in the work. It is further understood that the rates shown are intended to be applicable at the midpoint of completion of the tasks set forth in this Amendment. The term Indirect Costs, which constitute allowable overhead, shall include indirect salaries, group insurance, payroll taxes, pension plan, rent, utilities, office supplies and expense, engineering supplies and expense, postage and freight, repairs and maintenance, telephone excluding toll charges under this Amendment, professional card listings, library costs, dues and licenses, recruiting and education, administrative travel, miscellaneous administrative expense, computer fees, legal and accounting, amortization, depreciation and operating insurance. It is understood and agreed that Indirect Costs shall specifically exclude contact and sales expense, entertainment, interest expense, truck and auto expense, long distance telephone calls under this Amendment and partners' life insurance. -11- M, The maximum actual costs and the fixed fres for each component of the services set forth herein and as shown on fonns 5700-41, with attachments, shall be as follows: For design and plans and specifications for the water pollution control plant, the maximum amount chargeable for the actual costs incurred for Direct Labor, Indirect Costs and other Direct Costs, but excluding the fixed fee, is One Million, Three Hundred Forty-eight Thousand, Eight Hundred Seventy Dollars ($1,348,870). The fixed fee for design and plans and specifications for the water pollution control plant is Two Hundred Thirty-six Thousand, One Hundred Thirty Dollars ($236,130). For design and plans and specifications for the outfall sewer, the maximum amount chargeable for the actual costs incurred for Direct Labor, Indirect Costs and other Direct Costs, including a subcontract, but excluding the fixed fee, is One Hundred Eighty-eight Thousand, Four Hundred Twenty-five Dollars ($188,425). The fixed fee for design and plans and specifications for the outfall sewer is Eighteen Thousand, Seventy-five Dollars ($18,075). d For the preliminary plan of operation, the maximum amount chargeable for the actual costs incurred for Direct Labor, Indirect Costs and other Direct Costs, but excluding the fixed fee, is Two Thousand, Eight Hundred Fifty-eight Dollars ($2,858). The fixed fee for the preliminary plan of operation is Five Hundred Two Dollars ($502). d. For soils investigations, the maximum amount chargeable for the actual costs incurred for Direct Labor, Indirect Costs and other Direct Costs, including a subcontract, but excluding the fixed fee, shall be Nineteen Thousand, Ten Dollars ($19,010). The fixed fee for soils investigations shall be Eight Hundred Ninety Dollars ($890). e. For value engineering for the water pollution control plant, the maximum amount chargeable for the actual costs incurred for Direct Labor, Indirect Costs and other Direct Costs, including a subcontract, but excluding the fixed fee, shall be One Hundred Sixteen Thousand, Three Hundred Fifty-two Dollars ($116,352). The fixed fee for value engineering shall be Ten Thousand, Two Hundred Forty-eight Dollars ($10,248). To redevelop and modify the user charge system, the maximum amount chargeable for the actual costs incurred for Direct Labor and Indirect Costs, but excluding the fixed fee, is Three Thousand, Two Hundred Ninety-seven Dollars ($3,297). The fixed fee for the user charge system is Five Hundred Seventy-three Dollars ($573). g. For the sewer use ordinance, the maximum amount chargeable for the actual costs incurred for Direct Labor and Indirect Costs, but excluding the fixed fee, is Two Thousand, Three Hundred Fifty-seven Dollars ($2,357). The fixed fee for the sewer use ordinance is Four Hundred Thirteen Dollars ($413). -12- MIA h. For the industrial cost recovery system, the maximum amount chargeable for the actual costs incurred for Direct Labor, Indirect Costs and other Direct Costs, but excluding the fixed fee, is Twenty-one Thousand, One Hundred Sixty Dollars ($21,160). The fixed fee for the industrial cost recovery system is Three Thousand, Six Hundred Forty Dollars ($3,640). i. For the pretreatment program, the maximum amount chargeable for the actual costs incurred for Direct Labor, Indirect Costs and other Direct Costs, but excluding the fixed fee, is Twenty-three Thousand, Five Hundred Thirty-two Dollars ($23,532). The fixed fee for the pretreatment program is Four Thousand, Sixty-eight Dollars ($4,068). j. For all of the tasks set forth herein, the maximum amount chargeable for the actual costs incurred for Direct Labor, Indirect Costs and other Direct Costs, including subcontracts, but excluding the fixed fee, shall be One Million, Seven Hundred Twenty-five Thousand, Eight Hundred Sixty-one Dollars ($1,725,861). The fixed fee for all of the tasks set forth herein is Two Hundred Seventy-four Thousand, Five Hundred Thirty-nine Dollars ($274,539)." d The undersigned do hereby covenant and state that this Amendment is executed in triplicate as though each were an original and that there are no oral amendments or agreements which have not been reduced to writing in this instrument. It is further covenanted and stated that there are no other considerations or monies contingent upon or resulting from the execution of this Amendment, nor have any of the above been implied by or for any party to this instrument. Accepted thisl,31e day of , 1080. CITY OF IOWA CITY, IOWA ATTEST: By &ayor �. qty A ATTEST: ° gy. 1 Head, eric , VEENSTRA & KIMM Engineers & Pia Partner -13- BY Trir: UG Al. 0 RESOLUTION NO. 80-56 RESOLUTION CERTIFYING UNPAID WATER CHARGES TO COUNTY AUDITOR FOR COLLECTION IN THE SAME MANNER AS A PROPERTY TAX. WHEREAS, chapter 33-167, Code of Ordinances of the City of Iowa City, Iowa, provides that the City Council may certify unpaid water charges to the county auditor for collection in the same manner as a property tax, and WHEREAS, there exist unpaid water charges for the owners and properties, and in the amounts, as specified in exhibit A, attached to this resolution and by this reference made a part hereof, and WHEREAS, the Council finds that each property owner has received written notice by certified mail, return receipt requested, of a hearing to be held before the City Council at 7:30 P.M. on February 19, 1980 in the Council Chambers, Civic Center, 410 E. Washington Street, Iowa City, Iowa at which time the property owner may be heard concerning the water charge. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the City treasurer is hereby authorized to certify the unpaid water charges as stated in exhibit A attached, to the Auditor of Johnson County, Iowa, for collection in the same manner as a property tax. It was moved by Neuhauser and seconded by Vevera 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 Roberts X Vevera Passed and approved this 1gt}{Jay of Fahri,ary 1980. J - ATTEST: CITY CLERK Received $ Approved By The Legal Department G9 TO THE HONORABLE MAYOR AND CITY COUNCIL OF IOWA CITY, IOWA: I am submitting herewith a list of the delinquent sewer and water accounts; a description of the premises where such delinquent accounts were incurred; together with the name of the owner thereof, for certifi- cation to the County Auditor to be collected as regular taxes as by statute provided. A copy of the list is also submitted with a resolution attached, prepared for passage, directing certification to the County Auditor. Respectfully submitted, Director p Department of Finance 01-00170-4 Delinquent Acct: Neil Kolwey, 218 N. Dubuque Water $ 13.93 Owner: Hunter, William R. & Janet Sewer 5.42 Description: S 40' of lot 4 Blk. 68 O.T. 19,3T 02-01180-4 Delinquent Acct: Paul Dougan, 431 N. Van Buren Water $ 29.02 Owner: Gerber, Joseph & Alvina Sewer 11.29 Description: E 50' of N 75' of lot 1 Blk. 49 O.T. 40.31 03-01745-3 Delinquent Acct: David B. Fomon, 900 N. Dodge Water $ 17.68 Owner: Howsare, Lawrence R. & Mary M. Sewer 6.88 Description: Com SW car. lot 50 Sub. Div. SEk 24.56 Sec. 3-79-6 E 315.8' N 60' W to E line of Dodge St. & SW along E line of Dodge St. to Beg. 06-03520-1 Delinquent Acct: Virgil Gooding, 1019 N. Dodge Water $ 37.94 Owner: Boyle, Francis J. & Eugenia K. Sewer 14.75 Description: All lot 37 Exc. E 60' Sub Div. SE; 52.69 Sec. 3-79-6 06-03880-2 Delinquent Acct: Michael Lee Berry, 1110 N. Dodge Water $ 5.49 Owner: Stober, Margaret M. Sewer 2.14 Description: Lot 4 Block 3 St. Matthias 1st Add. 7.63 10-06595-2 Delinquent Acct: Evelyn Van Allen, 529 S. Governor Water $ 2.40 Owner: Freeman, Goldie Sewer .94 Description: S 50' lot 11 Block 1 C.H. Berryhill 3.34 2nd Add. 10-6615-3 Delinquent Acct: Cindy Spence, 625 S. Governor Water $ 25.32 Owner: Gosnell, Ruth Sewer 9.85 Description: N 2'7" of lot 19 & all of lot 20 3 Block 1 Strohms Add. 12-7360-7 Delinquent Acct: Deb Hunter, 1623 Muscatine Ave. Water $ 10.98 Owner: Fairbanks, J.F. & Lola M. Sewer 4.27 Description: Lot 12 & pt. of lots 10 & 11 Blk. 11 15.25 Rundell beg. 33.7' N SW cor. lot 10, S 79' 44' E 35' N 43 16 E 78.5' NWly to most N cor. lot 12 Sly to beg. 0 2 12-7395-2 Delinquent Acct: Reginald Meeks, 1725 Muscatine Water $ 3.54 Apt. A Sewer 1.37 Owner: Fairbank, J.F. & Lola M. 4.91 Description: N h lot 1 Blk. 50 EIC 12-7645-4 Delinquent Acct: Dean Thuente, 1324 Muscatine Water $ 8.82 Owner: Griffin, Cora Urban Sewer 3.43 Description: All lot 2 WC Motts Sub. Div. of 12.25 part of Blks 5 & 7 Clark & Borlands Add. 13-7995-3 Delinquent Acct: Mike Elgin, 1134 Hotz Ave. Water $ 11.11 Owner: Alberhasky, John & Erma M. Sewer 4.32 Description: E 40' of lot 20 Raphael Place 15.43 13-08340-7 Delinquent Acct: Desiree Nelson, 225 Elizabeth Water $ 56.21 Owner: Alberhasky, Charles or Mary Ellen Sewer 21.86 Description: E 71Y of lot 5 Blk. 1 Rose Hill Add. 78.07 13-8465-5 Delinquent Acct: Thersa M. Kirchner, 1327 Cedar Water $ 2.68 Owner: Siebert, Calvin D. & Valerie D. Sewer -- Description: Lot 1 Block 4 Pleasant Place 2nd 2.68 S Div. 15-10375-0 Delinquent Acct: William Good, 625 Fourth Ave. Water $ 21.05 Owner: Good, William & Ruth Ann Sewer 8.18 Description: Lot 3 Blk. 36 EIC 29.23 16-11230-2 Delinquent Acct: Bill Roberge, 731 Second Ave. Water $ 8.29 Owner: Leslien, Charles J. & Susanne R. Sewer 3.23 Description: Lot 4 Blk. 17 E. Iowa City 11.52 16-11250-1 Delinquent Acct: Hillary Maurer, 809 Second Ave. Water $ 12.23 Owner: Security Investment Assoc. Inc. Sewer 4.75 Description: S 20' of lot 1 & N 40' of lot 2 16.98 Blk. 16 EIC 16-11440-5 Delinquent Acct: Raymond Reschly, 2209 F St. Water $ 5.36 Owner: Irvin, Faye E. Sewer -- Description: Nh lot 3 Blk. 6 East 17-12170-6 Delinquent Acct: Josephine Cannon, 1015 Second Av. Water $ 2.68 Owner: Cannon, Josephine M. Sewer -- Description: N 50' of lot B Blk. 14 EIC 2.68 0 me 3 21-14925-6 Delinquent Acct: Gary Smith, 114 E. Benton Water $ 7.96 Owner: Kennedy, Raymond F. Sewer 3.09 Description: W 35' of 70' of lot 5 Blk. 27 CSA 11.05 21-15170-6 Delinquent Acct: Mark Eakes, 419 E. Benton Water $ 28.07 Owner: Rozinek, Paul & Kristi A. Sewer 10.91 Description: W 47�' of E 92h' of lots 1 & 2 38.98 Blk. 2 Berryhill 1st Add. 21-15300-2 Delinquent Acct: Roger Merrick, 521 Kirkwood Water $ 9.10 Owner: Merchants National Bank of Cedar Rapids Sewer 3.54 Description: Beg. at NW Cor. Blk 6 Lucas Add Sec. 12.64 15.79-6 W 348.2' S 0 Deg. 5 Min. E 303.7' E 344' N 0 deg. 41 min. E to Beg. 24-16880-2 Delinquent Acct: Jeanette Dodds, 1220 Keokuk Water $ 15.91 Owner: Murray, Raymond B. & Mildred L. Sewer 6.19 Description: All lot 7 Blk. 1 EW Lucas Add. 28-20030-3 Delinquent Acct: Russell G. Tang, 1318 Franklin Water $ 3.09 Owner: Means, Scott & Mary Ellen Sewer 1.20 Description: Lot 10 C.R. Regan Add. 4.29 33-24021-2 Delinquent Acct: Brian Jones, 601 Walnut Water $ 3.54 Owner: Robert Baird Sewer 1.37 Description: All lots 21 Blk. 3 C Page's Add. 4.91 33-24098-1 Delinquent Acct: John Lindberg, 817k Webster Water $ 16.49 Owner: Perkins, Larry L. & Corine Sewer 6.41 Description: Lot 1 Blk. 1 C Page's Add. 40-28835-6 Delinquent Acct: Larry Strom, 715 Iowa Ave. #5 Water $ 11.30 Owner: Cilek, Lorada E. Sewer 4.39 Description: W 48.33' of lot 2 Blk. 20 O.T. 15.69 40-28835-7 Delinquent Acct: Regina Rourk, 715 Iowa Ave. #5 Water $ 14.82 Owner: Cilek, Lorada E. Sewer 5.76 Description: W 48.22' of lot 2 Blk. 20 O.T. 20.58 0 4 43-31355-5 Delinquent Acct: Robert Latta, 424 E. Davenport Water $ 23.76 Owner: Nolan, John Sewer 9.24 Description: E 40' of lot 7 & W 20' of S 100' of 33.00 lot 8 Blk. 49 O.T. 43-31435-6 Delinquent Acct: K.M. Shahan, 208 E. Davenport Water $ 21.36 Owner: Godbey, Dale Sewer 8.31 Description: W 40' of N 60' of lot 6 Blk. 70 O.T. 29.67 43-31435-7 Delinquent Acct: Kirk Streb, 208 E. Davenport Water $ 6.20 Owner: Godbey, Dale Sewer 2.41 Description: W 40' of N 60' of lot 6 Blk. 70 O.T. 8.61 44-31725-1 Delinquent Acct: John Pyne, 1016 Fairchild St. Water $ 14.46 Owner: Kasper, Adela Sewer 5.63 Description: All lot 3 Blk. 5 Woods Add. 20.09 45-33135-7 Delinquent Acct: Lynn Velvick, 412 Bjaysville N1 Water $ 10.93 Owner: Alberhasky, Katherine Sewer 1.35 Description: Lot 7 part of 6 plat of Alberhasky's 12.28 Sub. Div. In Govt. lot two NEh of NWS Sec. 3-79-6 51-36590-0 Delinquent Acct: Helen Billick, 728 E. College Water $ 13.90 Owner: Billick, Helen E. Sewer 5.41 Description: W 39' of S 90' of lot 8 Blk. 21 O.T. 19.3 52-37425-4 Delinquent Acct: Louise Hausman, 903 E. Burlington Water $ 6.34 Owner: Lauderbaugh, Lewis F. or Sylvia E. Sewer 2.47 Description: W 42' N 52' OL 1 OT 8.81 53-38060-4 Delinquent Acct: Chirstine J. Hahn, 507 Bowery Water $ 80.29 Owner: Roffman, John 0. & Joellen S. Sewer 31.23 Description: Lot 5 Ruppert & Mattes So. Block 111.52 & Lyons 2nd Add. 55-40115-3 Delinquent Acct: Ben Marion, 300 McLean St. Water $ 11.18 Owner: Woodhouse, Robert H. or Delores M. Sewer 4.35 Description: W 50' of lot 5 Blk. 2 Manville Hgts. 15.53 57-41495-8 Delinquent Acct: Al Decker, 417 Douglas Ct. Water $ 11.61 Owner: Haug, Edward J. Jr. Sewer 4.52 Description: Lot 39 Wise Add. 16.13 U 5 57-41870-0 Delinquent Acct: Edward D. Roach, 511 Ernest Water $ 5.13 Owner: McNeal, Violet G. Sewer 2.00 Description: Lot 5 Larew SO In S k SE4 16.79-6 7.13 59-43295-5 Delinquent Acct: David Mozena, 317 S. Riverside Water $ 7.82 Owner: Gleaves, Kevin & Sandra K. Sewer 3.04 Description: E 57h of lot L Crowley's River 10.86 View Add. 59-43296-1 Delinquent Acct: Karen Koch, 317 S. Riverside Water $ 12.44 Owner: Gleaves, Kevin & Sandra K. Sewer 4.84 Description: E 57h' of lot L Crowley's River 17.28 View Add. 64-47375-4 Delinquent Acct: Paul Day, 436 S. Governor Water $ 5.92 Owner: Grunewald, Charles E. & Dorothy I. Sewer 2.30 Description: Lot 6 Block 2 C.H. Berryhills 2nd 8-22 Add. 69-50400-4 Delinquent Acct: John Busbee, 2923 Cornell Ave. Water $ 3.18 Owner: Schmidt, Maynard H. Sewer 1.24 Description: Lot 25 D Oak Woods Add. #7 4.42 69-50450-4 Delinquent Acct: Linus E. Wagner, 2936 Cornell Water $ 12.41 Owner: Clark, James & Loretta C. Sewer 4.82 Description: Lot 41 D OK Oakswood Add. 1 -17.23 70-51920-3 Delinquent Acct: Steve Troulls, 1311 W. Benton Water $ 13.17 Owner: Sahai, Subhash & Sushma Sewer 5.12 Description: Lot 8 Part 1 Bryn Mawr Hgts. also that 18.29 pt of lot 9 lying Nly to following described line: Beg at NE cor lot 9, thence Wly to a pt on W/L said lot 9, that is 24' S of NW cor. Said lot 32-750-74 part of lots 7, 8, 9 Part I Bryn Mawr Hgts. 73-53116-1 Delinquent Acct: Bruce Dunlap, 1843 Calvin Ct. Water $ 9.51 Owner: Sabbagh, Ali & Rejvani Hassam Sewer 3.70 Description: Lot 25 Part One MacBride Add. 13.21 Sec. 17-T-79 N-R6W 77-55860-2 Delinquent Acct: Don Schleissman, 2238 Davis Water $ 4.44 Owner: Kelley, Carter D. & Delores I. Sewer 1.73 Description: Lot 263 Part Five Hollywood Manor Add. 6.17 IM N 77-56010-4 Delinquent Acct: Diane Schneider, 1211 Sandusky Water $ 11.45 Owner: Frantz Const. Co., Inc. Sewer 4.45 Description: Lot 292 Part Five Hollywood Manor Add. 90 78-56902-2 Delinquent Acct: Thomas J. Hoffmann, 851 Woodside Water $ 5.60 Owner: Consamus, L. L. - University Lake Apts. Sewer 2.18 Description: Lot 1, 2, 3, 4, 5, 6, 7, 8, 9 & 10 7.78 Blane Roc. Add. 86-62489-2 Delinquent Acct: Rudolph Junter, 1232 Esther Ct. Water $ 18.66 Owner: Cahill, William D. & Margaret M. Sewer 7.25 Description: Lot 18 Hamms 2nd Add. A Sub. Div. of 25.91 a portion of Towncrest Add. Part 4 Tract C go ESOLUTION NO. 80-57 RESOLUTION APPROVING CLASS G LIQUOR CONTROL LICENSE APPLILrA'liaA BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Liquor Control License application is hereby app--- FTor the following named person or persons at the following described location: Rugger -Burns Restaurants, Inc, dba Gringo's 115 E. College Said approval shall be subject to any conditions or re- strictions hereafter imposed by ordinance or State law. The City Clerk shall cause a recommendation for approval to he endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond, sketch of the premises and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by Neuhauser and seconded by Vevera that the Resolution as read be adopted, and upon—roll call there were: AYES: NAYS: ABSENT: Balmer x Lynch x Erdahl x Neuhauser x Perret x Roberts x vevera x Passed and approved this 26th day of February , 19 80 Attest: City Clerk M /tewO- _ RESOLUTION NO. 80-58 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: Rugger -Burns Restaurants, Inc. dba Gringo's 115 E. College 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 Neuhauser and seconded by Vevera that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: Balmer x 'Lynch x Erdahl x Neuhauser x Perret x Roberts x Vevera x Passed and approved this 26th 19 80 Attest: OIL JIJJU4�) City Clerk ABSENT: day of February , 7/ /ria/ -6 -el RESOLUTION NO. 80-59 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: Drug Fair, Inc. dba Drug Fair #9, 121 E. Washington 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 Neuhauser and seconded by Vevera that the Resolution as read be adopted, and upon roll call there were: Vevera x Passed and approved this 26th day of February , 19 80 . Attest: J&, ) City Clerk 7z AYES: NAYS: ABSENT: Balmer x Lynch x Erdahl x Neuhauser x Perret x Roberts x Vevera x Passed and approved this 26th day of February , 19 80 . Attest: J&, ) City Clerk 7z /r 4e, ESOLUTION NO. 80-60 RESOLUTION APPROVING CLASS G LIQUOR CONTROL LICENSE APPLTZA'FIaA BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Liquor Control License application is hereby approv�Tor the following named person or persons at the following described location: Grand of Iowa City, Inc. dba Carson City 505 E. Burlington Daddy's Said approval shall be subject to any conditions or re- strictions hereafter imposed by ordinance or State law. The City Clerk shall cause a recommendation for approval to he endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond, sketch of the premises and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by that the Resolution there were: Balmer Lynch Erdahl Neuhauser Perret Roberts Vevera Neu�hau�erand seconded by as read b.e adopted, and upon-r—oTT—c-alT AYES: x x x NAYS: ABSENT: Passed and approved this 26th day of February , 19 80 Attest: 01L &:�L City Clerk 7�' RESOLUTION NO. 80-61 RESOLUTION TO ISSUE DANCING PERMIT BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Dancing Permit as provided by law is hereby granted to the following named person and at the following described locations upon his filing an application, having endorsed thereon the certificates of the proper city officials as to having complied with all regulations and ordinances, and having a valid Class "B" Beer Permit or liquor control license, to wit: Grand Daddy's of Iowa City, Inc. dba Carson City 505 E. Burlington It was moved by Neuhauser and seconded by Vevera that the Resolution as reade adopted, and upon rol ca t ere were: AYES: NAYS: ABSENT: Balmer x Lvnch x Erdahl x Neuhauser x Perret x Roberts x Vevera x Passed and approved this 26th day of Februar 19 80 Attest: vQ� City Clerk 7�/- RESOLUTION NO. 80-62 RESOLUTION SETTING PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE SOUTH BRANCH DETENTION STRUCTURE DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECT- ING CITY ENGINEER TO PLACE SAID PLANS, ETC., ON FILE FOR PUBLIC INSPECTION. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That a public hearing on the plans, specifications, form of contract, and estimate of cost for the construction of the above-namedpproject is to be held on the llthday of March 1980 , at 7:30 P.M. in the Council Chambers, Civic Center, Iowa City, Iowa. 2. That the City Clerk is hereby authorized and directed to publish notice of the public hearing for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the city, not less than four (4) nor more than twenty (20) days before said hearing. 3. That the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project are hereby ordered placed on file by the City Engineer in the office of the City Clerk for public inspection. It was moved by Neuhauser and seconded by that the Resolution as read be adopted, and upon roll call AYES: NAYS: x x x x x x x ABSENT: BALMER ERDAHL LYNCH NEUHAUSER PERRET ROBERTS VEVERA Passed and approved this 26th day of Februa Vevera there were: -��y Ma or ATTEST: (,�-�rC�-e !!, ? Received 8 Approved City Clerk X By T4 Legal Department S °1-2/-Fo% 7S -2 - It was moved by Vevera and seconded by Erdahl that theResolution 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 26th day of February 1980 — J— / ' --- .-- MAYOR ATTEST: CITY CLERK Received L° Approved By Tho Legal Department 76 EXHIBIT "A" MEMORANDUM OF AGREEMENT THIS MEMORANDUM OF AGREEMENT is between the City of Iowa City, in Johnson County, Iowa, party of the first part (hereinafter referred to as the "City"), and E. B. & A. C. Whiting Company, a Vermont corporation duly qualified and authorized to do business in the State of Iowa, party of the second part (hereinafter referred to as the "Company"). 1. Preliminary Statement. Among the matters of mutual inducement which have resulted in the execution of this Agreement are the following: (a) The City is an incorporated municipality of the State of Iowa, authorized and empowered by the provisions of Chapter 419 of the Code of Iowa (the "Act"), to issue Industrial Development Revenue Bonds for the purpose of defraying all or a portion of the cost of acquiring and improving land, buildings and equipment suitable for industrial projects as defined therein; and (b) In order to provide for industrial development and employment opportunities for the inhabitants of the City and to add to the welfare and prosperity of the City and of such inha- bitants, the City proposes to loan to the Company funds to finance all or a portion of the cost of the acquisition, construction, improving and equipping of an industrial develop- ment project located within the City of Iowa City, Iowa, con- sisting of the acquisition of land and the construction, improving and equipping thereon of a facility suitable for use in the manufacturing and processing of thermoplastic monofila- ments (herein referred to as the "Project"), and (c) In view of the rising costs and the immediate need for the products of the Project, it is considered essential that acquisition and renovation related to the Project commence at the earliest practicable date, and that orders be placed for acquiring the necessary improvements and equipment. At the same time, in view of the possibility of financing facilities similar to the Project in other states and communities under conditions beneficial to the Company and the difficulty of obtaining other financing for the Project, the Company desires satisfactory assurances from the City that the proceeds from the sale of Industrial Development Revenue Bonds of the City will be made available in an amount sufficient to finance all or a portion of the cost of the Project, which cost, including the expenses related to the issuance of the Bonds, is presently estimated not to exceed $2,000,000. -1- 77 (d) Representatives of the City have indicated the will- ingness of the City to proceed with and effect such financing as an inducement to the Company to locate the Project in the City and the City has advised the Company that, subject to due compliance with all requirements of law and the obtaining of all necessary consents and approvals and to the happening of all acts, conditions and things required to exist, happen and be performed precedent to and in connection with such financing in due time, form and manner as required by law, the City, by virtue of such statutory authority as may now exist or may hereafter be conferred, will issue and sell its Bonds in an amount sufficient to finance all or a portion of the cost of the Project. (e) The City considers that the undertaking of the Project will promote industrial development of the City, provide em- ployment opportunities for the inhabitants of the City, enhance the tax base of the City and overlapping taxing jurisdictions, increase the City's commerce and add to the welfare and pros- perity of the City and that of its inhabitants. 2. Undertakings on the Part of the Com. The City agrees as follows: (a) That it will authorize, or cause to be authorized, the issuance and sale of an issue of its Bonds, pursuant to the terms of the Act as then in force, in an aggregate principal amount sufficient to finance all or a portion of the cost of the Project, which cost, including the expenses related to the issuance of the Bonds, is presently estimated not to exceed $2,000,000. (b) That it will cooperate with Company to sell the Bonds upon mutually agreeable terms, and it will adopt, or cause to be adopted, such proceedings and authorize the execution of such documents as may be necessary or advisable for the autho- rization, issuance and sale of the Bonds and the financing of the Project as aforesaid, and the entering into a Loan Agree- ment with the Company with respect to the Project, all as shall be authorized by law and mutually satisfactory to the City and the Company. (c) That the aggregate basic payments (i.e. the payments to he used to pay the principal of and premium, if any, and interest on the Bonds) payable under the Loan Agreement shall be such sums as shall be sufficient to pay the principal of and interest and redemption premium, if any, on the Bonds as and when the same shall become due and payable. -2- (d) That it will take or cause to be taken such other acts and adopt such further proceedings as may be required to imple- ment the aforesaid undertakings or as it may deem appropriate in pursuance thereof. 3. Undertakings on the Part of the Company. The Company covenants and agrees as follows: (a) That it will cooperate with the City to sell the Bonds in an aggregate principal amount as above stated; provided, however, that the terms of the Bonds and of the sale and deli- very thereof shall be mutually satisfactory to the City and the Company. (b) That it has not, prior to the execution of this agree- ment and the taking of "official action" toward the issuance of the Bonds by the City, acquired or commenced construction of the Project, or any part thereof, and has not entered into any contracts or paid or incurred any costs related thereto, which will be paid or reimbursed from the proceeds of the Bonds, when and if issued. The Company does, however, represent that it now intends to enter into a contract or contracts for the acquisition, construction, improvement and equipping of the Project and take, with reasonable diligence, the other necessary steps toward the realization of the Project. (c) That contemporaneously with the sale of the Bonds it will execute a Loan Agreement with the City under the terms of which the Company will obligate itself to pay to the City sums sufficient in the aggregate to pay the principal of and interest and redemption premium, if any, on the Bonds as and when the same shall become due and payable, such instrument to contain other provisions required by law and such other provi- sions as shall be mutually acceptable to the City and the Company. (d) That it will take such further action and adopt such further proceedings as may be required to implement its afore- said undertakings or as it may deem appropriate, in pursuance thereof. 4. General Provisions. (a) All commitments of the City and of the Company under paragraph 3 condition that on or before July 31, as shall be mutually satisfactory to the City and the Company shall have table terms for the Bonds and of the -3- under paragraph 2 hereof hereof are subject to the 1981 (or such other date the City and the Company), agreed to mutually accep- sale and delivery thereof, 79 .. .C= and mutually acceptable terms and conditions of the documents referred to in paragraph 3 and the proceedings referred to in paragraphs 2 and 3 hereof. (b). Whether or not the events set forth in (a) of this paragraph take place within the time set forth or any extension thereof, the Company agrees that it will reimburse the City for all reasonable and necessary direct out-of-pocket expenses which the City may incur, including but not limited to, legal fees, printing and publication costs and filing fees arising from the execution of this Agreement and the performance, or preparation to perform by the City of its obligations here- under, or done at the request of the Company. (c) All commitments of the City hereof are further subject to the conditions that the City, and its elected and appointed officials, shall in no event incur any liability for any act or omission hereunder, and that the Bonds described herein shall not constitute an indebtedness of the City within the meaning of any constitutional or statutory provision and shall not constitute nor give rise to a pecuniary liability of the City or a charge against its general credit or taxing powers. IN WITNESS WHEREOF the parties hereto have entered into this Agreement by their officers thereunto duly authorized as of the 26th day of February, 1980. City of Iowa City, Iowa (Seal of City) Q ��� -�Jgh Balmer, Mayor Attest: Abbie Stolfus, Ci, Clerk E. B. & A. C. Whiting Company (Seal of Company) _ �k27t#7 (l{X}C}SXXX C3C�E1�7(,X7 �'6�t$�l Alexander J. Guyette, r., Executive Vice -President Philip H. Hoff, ecretary -4- gd Iowa City, Iowa, February 26, 1980. The City Council of Iowa City, Iowa, met on the above date in the Council Chambers, Civic Center, in Iowa City, Iowa, at 7:30 o'clock P.M., in open regular session, pursuant to law and the rules of said Council. The meeting was called to order by John Balmer, Mayor, presiding, and on roll call the following Council Members were present: Balmer, Erdahl, Lynch, Neuhauser, Perret, Roberts, Vevera Absent: None -1- (other Business) The Mayor announced that 'the purpose of the meeting was to hold a public hearing on and to authorize the signing of a Memorandum of Agreement relating to the proposal to issue not to exceed $2,000,000 aggregate principal amount of the City's Industrial Development Revenue Bonds (E. B. & A. C. Whiting Company Project), pursuant to the provisions of Chapter 919, Code of Iowa, for the purpose of defraying all or a portion of the cost of acquiring, constructing, improving and equipping an industrial development project located within said City, consisting of the acquisition of land and construction, improving and equiping thereon of a facility suitable for use in the manufacturing and processing of thermoplastic monofilaments. It is proposed that the proceeds from the sale of said Bonds be loaned by the City to E. B. & A. C. Whiting Company, with loan payments sufficient to pay principal of and interest and premium, if any, on such Bonds as the same shall fall due. The Mayor then asked if there was any person or persons present to express views for or against the proposal to issue said Bonds, notice of -said hearing having been published as required by law. written objections or other comments were filed by the following: (List names of persons filing objections and attach copies of same. If none, insert the word "None".) None Oral objections or other comments were made by the following: (List names of persons appearing and a summary of any views expressed. If none, insert the word "None".) None -2- Ira C' After ample opportunity had been given to all persons who appeared at the hearing to express their views for or against the proposal to issue the Bonds, Council Member Neuhauser proposed the following Resolution and moved its adoption. Council Member Vevera seconded the motion to adopt. After due consideration of said motion, the roll was called and the Resolution was adopted by the following vote: AYES: Erdahl, Lynch, Neuhauser, Perret, Roberts. Vevera. Balmer NAYS: None The Resolution was thereupon signed by the Mayor and in evidence of his approval, was attested by the City Clerk, and was declared to be effective. The Resolution is as follows: -3- RESOLUTION NO. 80=63 RESOLUTION RELATING TO THE PUBLIC HEARING AND APPROV- ING PROCEEDING WITH THE ISSUANCE AND SALE OF NOT TO EXCEED $2,000,000 AGGREGATE PRINCIPAL AMOUNT OF INDUSTRIAL DEVELOPMENT REVENUE. BONDS (E. B. & A. C. WHITING COMPANY PROJECT), OF THE CITY OF IOWA CITY, IOWA, AND AUTHORIZING THE EXECUTION OF A MEMORANDUM OF AGREEMENT. WHEREAS, the City of Iowa City, a political subdivision of the State of Iowa (the "City"), is authorized by Chapter 419 of the Iowa Code, as amended (the "Act"), to issue revenue bonds for the purpose of defraying the cost of acquiring, constructing, improving and equi-pping land, buildings and improvements suitable for use in the manufacturing and processing of thermoplastic monofilaments, and to loan the proceeds from the sale of such revenue bonds, pursuant to a loan agreement, to E. B. & A. C. Whiting Company, a Vermont corporation duly qualified and authorized to do business in the State of Iowa (hereinafter referred to as the "Company"), to be used for the aforesaid purposes; and WHEREAS, the City has determined there is a public need in the City and its surrounding environs for improved industrial facilities as proposed by the Company; and WHEREAS, a notice of hearing on the proposal to issue not to exceed $2,000,000 aggregate principal amount of Industrial Development Revenue Bonds (F.. B. & A. C. Whiting Company Project) of the City of Iowa City, Iowa, has been published as required by law; and WHEREAS, a public hearing has been held at the time and place as specified in said notice of hearing and any and all -4- S� objections or other comments relating --to such Bonds havb been heard and it is deemed to be in the best interests of the City of Iowa City, Iowa, that said Bonds be issued as proposed; and WHEREAS, there has been presented to the City Council a Memorandum of Agreement, attached hereto as Exhibit "A" which sets forth certain mutual undertakings and agreements betweent the City and Company, relating to the further processing and issuance of the City's Industrial Development Revenue Bonds (E. B. & A. C. Whiting Company Project) and the City believes it desirable and in its best interest that said Memorandum of Agreement be executed for and on behalf of the City; and NOW, THEREFORE, Be It Resolved by the City Council of the City of Iowa City, Iowa, as follows: Section 1. That is is hereby determined that it is neces- sary and advisable that the City proceed with the issuance of its Industrial Development Revenu& Bonds (E. B. & A. C. Whiting Company Project) (hereinafter referred to as the "Bonds"), in an amount not to exceed $2,000,000, as authorized and permitted by the Act, and to loan the proceeds of the sale of the Bonds to the Company, all upon terms and conditions mutually satisfactory to the City and the Company. Section 2. That at the public hearing conducted by this Council, pursuant to published notice, all persons who appeared -5- were given an opportunity to express their views for or against the proposal to issue said Bonds and it is hereby determined that any and all objections to the issuance of the said Bonds, are hereby overruled. Section 3. That this Council shall proceed with the necessary proceedings relating to the issuance of said Bonds upon reasonable advance notice from the Company' that satisfactory financing terms have been agreed upon with the proposed purchasers and the required documentation has been prepared by Bond Counsel, and approved by all other parties, including the City Attorney of said City. Section 4. That said Bonds, if issued, and the interest thereon, will be payable solely out of the revenues derived from the financing of said Project and shall never constitute an indebtedness of the City of Iowa City, Iowa, within the meaning of any state constitutional provision, or statutory limitation, and shall not constitute nor give rise to a pecuniary liability of said City of: Iowa City, Iowa, or a charge against its general credit or taxing powers. Section 5. That in order to assure the acquisition, construction, improvement and equipping of these industrial facilities in Iowa City, Iowa, with the resulting public bene- fits which will flow from the operation thereof, it is deemed necessary and advisable that the Memorandum of Agreement, in the form attached hereto as Exhibit "A", be approved and that the Mayor is authorized and directed to execute said Memorandum of Agreement and the City Clerk be and hereby is authorized to attest the same and to affix the seal of the City thereto and said Memorandum of Agreement is hereby made a part of this Resolution. Section 6. In order that the Project will not be unduly delayed, Company is hereby authorized to make such commitments, expenditures and advances toward payment of the costs of the Project as it considers appropriate, subject to reimbursement from the proceeds of the Bonds when and if delivered, but otherwise without liability on the part of the City. Section 7. That officials of the City are hereby author- ized to take such further action as may be necessary to carry out the intent and purpose of the Memorandum of Agreement. Section 8. All Resolutions and Orders or parts thereof, in conflict herewith are,,to the extent of such conflict, hereby repealed and this Resolution shall be in full force and effect immediately upon its adoption. Adopted and approved, February 26, 1980. C' of Iowa City, Iowa (SEAL) Jbhn Bnlmer, Mayor Attest:) Abbie Stolfus, City Clerk CLERK'S CF,RTIFICATE I, Abbie Stolfus, being first duly sworn do hereby depose and certify that I am the duly appointed, qualified, and acting City Clerk of the City of Iowa City, in the County of Johnson, State of Iowa; that as such I have in my possession, or have access to, the complete corporate records of said City and of its Council and officers; that I have carefully compared the transcript hereto attached with the aforesaid corporate records; and that said transcript hereto attached is a true, correct and complete copy of all the corporate records showing the action taken by the City Council of said City at a meeting open to the public on February 26, 1980, holding a public hearing and approving the issuance of not to exceed $2,000,000 aggregate principal amount of Industrial Development Revenue Bonds (E. B. & A. C. Whiting Company Project) of the City of Iowa City, Iowa and authorizing the execution of a Memorandum of Agreement; that said proceedings remain in full force and effect and have not been amended or rescinded in any way; that said meeting and all action thereat was duly and publicly held, with members of the public in attendance, in accordance with a notice of meeting and tentative agenda, a copy of which was timely served on each member of the Council and posted on a bulletin board or other prominent place easily accessible to the public and clearly designated for that purpose at the prin- cipal office of the Council (a copy of the face sheet of said agenda being attached hereto) pursuant to the local rules of the Council and the provisions of Chapter 28A, Iowa Code, and upon reasonable advance notice to the public and media at least twenty-four hours prior to the commencement of the meeting as required by said law. Witness my hand and the Corporate Seal of said City hereto affixed this 26th day of February, 1980. (SEAL) Abbie Stolfus, Ci Clerk State of Iowa ) SS.. County of Johnson ) Subscribed and sworn to before me this day, the date last above written. 1 �Notary Public in and for the (SEAL) State of Iowa NO (This Notice to be, Posted) NOTICE. AND CALL OF COUNCIL MEETING Governmental Body: Date of Meeting: Time of Meeting: Place of Meeting: The City Council of Iowa City, Iowa. February 26, 1980 7:30 P.M. Council Chambers Civic Center Iowa City, Iowa PUBLIC NOTICE. IS HEREBY GIVEN that the above-mentioned governmental body will meet at the date, time and place above set out. The tentative agenda for said meeting is as follows: 1. Resolution Relating to the Public Hearing and Approving Proceeding With The Issuance and Sale of. Not To Exceed $2,000,000 Aggregate Principal Amount of Industrial Development Revenue Bonds (E. B. & A. C. Whiting Company Project) of the City of Iowa City, Iowa and authorizing the execution of. a Memorandum of Agreement. 2. Such additional matters as are set forth on the additional 4 page(s) attached hereto (attach copy of agenda). This notice is given at the direction of the Mayor, pur- suant to Chapter 28A, Iowa Code, as amended, and the local rules of said governmental body. r -L 41� Abble Stolfus, Clerk of the City of Iowa City, Iowa Posted: 2/25/80 9:15 a.m.;f -9- s 85 16g��6e-' RESOLUTION NO. 80-64 RESOLUTION DECLARING THAT PUBLIC CONVENIENCE AND _ NECESSITY REQUIRES ISSUANCE OF CERTAIN TAXI -CAB CERTIFICATES. WHEREAS, pursuant to Ordinance No. 2844, a Certificate of Public Convenience and Necessity is required prior to the operation of any taxi- cab upon the streets•.Qf Iowa City, Iowa, and, WHEREAS, Super Cab Company and Yellow Checker Cab Company has made application for such Certificate, and, WHEREAS, a public hearing was held on the 26thday of February _j9g0_, on the application, and, WHEREAS, council deems that the public convenience and necessity requires the issuance of such Certificate(s) to Steer Cab Company and Yellow Checker Cab Com any _ for the operation of 10 taxi -cabs. respectively. HOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 1014A CITY, IOWA: 1. That the. City Clerk is authorized to issue a Certificate of Public Convenience and Necessity to Super Cab Company and Yellow Checker Cab Company for 10 taxi -cabs, pending applicant's compliance with all provisions of Ordinance No. 77-2844, as amended. 2. The Mayor is authorized to sign, and the City Clerk to attest, this Resolution. I.C. License VIN Yellow Checker 10 166390S220567 11 IN69R3J202192 12 IL69V6J236-449 13 IL69—R4J109552 14 IL69-V6J236-425 Super Cab 15 386699M193330 16 166451S237818 17 IL69R4J173352 18 IL69H3J196010 19 IL69H3T144342 M -2 - It was moved by Neuhauser and seconded byyevera that theResolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x ) rdehl x lynch X-- Neuhauser x Perret x Roberts x Vevera Passed and approved this 26th day of February , 1980 ATTEST:ly- CITY CLERK 4 .1--7 1��-,— MAYOR Received & Approved By the Legal Department A- 4 4 RESOLUTION NO. 80-65 RESOLUTION DECLARING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRES ISSUANCE OF CERTAIN TAXI -CAB CERTIFICATES. WHEREAS, pursuant to Ordinance No. 2844, a Certificate of Public Convenience and Necessity is required prior to the operation of any taxi- cab upon the streets of Iowa• City, Iowa; and, WHEREAS, A Better Cab Company has made application for such Certificate, and, WHEREAS, a public hearing was held on the 26thday of February 1980 , on the application, and, WHEREAS, council deems that the public convenience and necessity requires the issuance of such Certificate(s) to A Better Cab Company r the operation o xi -cabs. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the City Clerk is authorized to issue a Certificate of Public Convenience and Necessity to A Better Cab Company for 7 taxi -cabs, pending applicants compliance with all provisions of Ordinance No. 77-2844, as amended. 2. The Mayor is authorized to sign, and the City Clerk to attest, this Resolution. I.C. License 1 2 3 4 5 6 7 VIN 2656M538362 1L69HSJ112552 2Z62N538362 3N69T3M252898 4P63H156859 3G6511149744 M -2 - It was moved by Neuhauser and seconded by Vevera that theResolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x rdahI x x -------Lynch Neuhauser x Perret x Roberts - x Vevera Passed and approved this 26th day of February , 1980• MAYOR ATTEST: CITYC Y CLERK Received & Approved By the Legal Department J 8 RESOLUTION NO. 80-66 A RESOLUTION SETTING FARES FOR THE IOWA CITY TRANSIT SYSTEM WHEREAS, it is necessary to provide for the cost of operating a transit service. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Iowa City, that fares for transit services be established as follows: Monthly pass $12.00 Basic fare 354 Saturday fare 254 School and special activities 254 The Elderly and handicapped who meet the guidelines established by the City Council shall ride free between 9 a.m. and 3 p.m. and after 6:30 p.m. Monday through Friday and all day Saturday. It was moved by Neuhauser 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 s Vevera Passed and approved this26th day of February . 19 80• Dlayor ATTEST: (JtL- City Clerk, Receivod 8 Approved By Th Legal Department i- ai-go A.E O RESOLUTION NO. 80-67 RESOLUTION ESTABLISHING JUST COMPENSATION FOR REAL PROPERTY ACQUISITION FOR PHASE I OF THE LOWER RALSTON CREEK SMALL CITIES PROJECT (CDBG NO. B -79 -DN -19-0048). WHEREAS, the City Council of the City of Iowa City did approve Resolution No. 79-242 authorizing application for federal funds under the Community Development Block Grant/Small Cities Program for improvements in the Lower Ralston Creek Neighborhood; and WHEREAS, the Department of Housing and Urban Development has formally approved said application; and WHEREAS, the City Council did approve Resolution No. 79-489 authorizing the acquisition of real property required for said project; and WHEREAS, real estate appraisals and review appraisals have been conducted to establish fair market value of the parcels to be acquired for Phase I of said project; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA: 1. That the following amounts are hereby determined to be Just Compensation for the purpose of acquisition of the following real property: $40,400.00 Parcel #1: "North 50 feet of the West 80 feet on Lot 1 in Block 20, in that part of Iowa City, Iowa, laid off by the Commissioners of Johnson County, Iowa, as the County Seat of Johnson County, Iowa, according to the recorded plat thereof." $17,200.00 Parcel #2: "All that part of Lot 4 in Block 28, County Seat Addition to Iowa City, Iowa, lying west of the channel of Ralston Creek." $74,500.00 Parcel #3: "Lots 1 and 2 in Block 28, County Seat Addition to Iowa City, Iowa"; and severance damages to: "Lot 7 except the South 8 feet thereof and all of Lot 8 in that part of Iowa City, Iowa, laid off by the Commissioners of Johnson County, Iowa, as the County Seat of Johnson County, Iowa." $ 60,000.00 Parcel #4: "Lots 31 and 32 in White's Subdivision of Outlot 4, County Seat Addition to Iowa City, Iowa, according to the plat of said subdivision recorded in Book 13, page 272, Deed Records of Johnson County, Iowa." $96,600.00 Parcel #5: "The west 65 feet (west k) of Lots 19, 20, 21, and 22 of Whites Subdivision of Outlot #4, County Seat Addition, Iowa City, Johnson County, Iowa"; and "The east half of Lots 19, 20, 21, and 22 in White's Subdivision of Outlot 4, in the County Seat of Johnson 91 f Resolution No. 80-67 Page 2 County, Iowa, according to the plat thereof recorded in Book 13, page 272, Deed Records of Johnson County, Iowa." $ 35,100.00 Parcel #6: "Lots 29 and 30 in White's Subdivision of Outlot 4, County Seat Addition to Iowa City, Iowa, according to the recorded plat thereof, except that portion thereof which lies east of the centerline of the creek running in a southwesterly direction through the east end of said lots." $ 21,900.00 Parcel #7: "That part of Lot Three (3), Block Twenty-eight 28), lying west of the channel of Ralston Creek as it now runs in that part of Iowa City, Johnson County, Iowa." 2. That the City Manager and the Community Development Block Grant Program Coordinator are hereby authorized and directed to begin negotiations for the acquisition of said parcels in accordance with the real property acquisition regulations of the Department of Housing and Urban Development. i 3. That the City Manager, acting as Executive Officer of all Housing and Community Development Block Grant programs, is hereby authorized to contract for the purchase of said parcels. It was moved by Neuhauser and seconded by Vevera 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 26thday of February 1980. • ,� � � •� �--- MAYOR ATTEST:i— CITY CLERK Rsceived L Approved By The Legal Dopa nP d / re - City of Iowa CV - -MEMORANDUM Date: February 22, 1980 1 To: City Council and City Manager Frbm: 4 James A. Hencin, CDBG Program Coordinator Re: Small Cities Project - Property Acquisition - Phase I Apprasials have been completed and reviewed for Phase I acquisition for the Small Cities Project. The seven parcels have been appraised for a total value ,of $345,700. Federal regulations require that the City establish "just compensation" based on, and not less than, the valuation determined by the review appraisal. The values established by the resolution are equal to the respective review appraisals. Following the approval of this resolution the CDBG staff will proceed with purchase offers and negotiations for the purchase of the subject parcels. Required relocation assistance will be coordinated with the acquisition of these parcels. bdw/sp -- /02— 0 PARCEL # 1 2 3 4 5 6 7 PROPERTIES TO BE ACQUIRED (Phase I of Small Cities Project Acquisitions) ADDRESS 506 South Linn Street 222 East Benton Street 800 South'Dubuque Street 926 South Dubuque Street 219, 219; & 223 East Benton 930 South Dubuque Street 222 East Benton Street OWNER Kathleen Cochran Boggs Philip C. Cary James K. Fisher Inez Foster Ronald F. Johnson Clark E. & Mabel E. Jones Raymond G. Lothridge 9,v2- RESOLUTION NO. 80-68 RESOLUTION APPROVING SETTLEMENT OF FREEWAY 518 LITIGATION WHEREAS, the City of Iowa City is presently engaged in litigation with the Iowa Department of Transportation concerning the alignment of Freeway 518, and, WHEREAS, the City of Iowa City desires to settle this litigation, and, WHEREAS, the City has negotiated a proposed stipulation of settlement concerning outstanding issues between the City and the Iowa Department of Transportation, which stipulation is attached, and, WHEREAS, the City has also negotiated with West Side Co., an Iowa partnership, concerning payment for construction of Mormon Trek Road Bypass in the vicinity of the Freeway 518-Highway'1 interchange,.which negotiations have led to a proposed agreement between the City and West Side Co., which agreement is attached. NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: 1. That the attached stipulation of settlement between the City of Iowa City and the Iowa Department of Transportation be and the same is hereby approved, and upon execution by the parties, the City's special counsel is directed to file a dismissal with prejudice of the pending litigation as called for by said agreement. 2. The attached proposed agreement between the City and West Side Co. is hereby approved. 3. The Mayor and City Clerk are hereby authorized and directed to execute both agreements on behalf of the City. 4. The City Council formally states as a part of this resolution that the approval of the agreement between the City and West Side Co. shall be deemed to create no additional legal rights with respect to the commercial developments of land owned by West Side Co. It was moved by Vevera and seconded by Roberts 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 2 tl,day of February 1980. MAYOR z— ATTEST: r r -L17 CITY CLERK Roceived 8 J -, •cvrd By The Lev 1? AGREEMENT This Agreement is entered into this 26th day of February, 1980, between West Side Co., an Iowa partnership, consisting of Earl M. Yoder, George Nagle, Edward W. Thomas, and Charles A. Barker, all of Johnson County, Iowa, hereinafter referred to as West Side,.,and the City of Iowa City, a municipal cor- poration, hereinafter referred to as the City, and WHEREAS, West Side owns approximately 37 acres of land located in the SW 1/4 of the NE 1/4 of Sec. 20, Township 79 North, Range 6 West of the 5th P.M. lying north of Iowa Highway One, at its intersection with proposed Freeway 518, and, WHEREAS, the City, the Iowa Department of Transportation, and Johnson County, are presently involved in litigation in Johnson County concerning Freeway 518 and have been unable to agree upon a mutually acceptable solution to the problems involved or to the problem of Mormon Trek Road as related to the Freeway, and, WHEREAS, West Side is interested in seeing this litigation terminated, outstanding differences settled, Freeway 518 constructed, and Mormon Trek Road changed to connect with Highway One via a bypass to be constructed east of 518 and in connection with an at the same time as construction of 518, all as shown and included in the present and existing plans of the Iowa Department of Transportation for Freeway 518 and the Mormon Trek Bypass, and, WHEREAS, one of the areas of difference between the City and the Iowa Department of Transportation has been the design specifications of the Mormon Trek Bypass, the City requesting that the construction of said bypass be to a width of 31 feet with curb, gutter, and appropriate drainage, and the Department 9j ... . ...._... .. _. ............... -2 - of Transportation, however, not being willing to pay the cost of constructing said bypass to design specifications greater than 24 feet, with the additional cost of construction to city specifications being estimated to be $90,000.00. NOW, THEREFORE, it is agreed between West Side and City as follows. 1. That in order to enable the parties to settle their differences, dismiss the suit, proceed with the construction of 518 as presently designed and to facilitate building of the Mormon Trek bypass to the specifications required by the City, West Side is willing to pay to the City the estimated additional construction cost of $90,000.00 in connection with construction of Mormon Trek Bypass to City specifications on the understanding that the City will in turn pay that sum to the Iowa Department of Transportation so that they can construct the bypass road to the specifications required by the City at the same time as 518 is built and as a part of the same project. 2. It is agreed by West Side that the sum of $90,000.00 will be paid to the City within 25 days from the date the City and the Department of Transportation execute a settlement memoradnum or stipulation settling their outstanding dif- ferences and dismiss the now pending lawsuit between the parties in Johnson County District Court. 3. The City, for its part, agrees upon receipt of the above mentioned sum to transmit the same to the State Depart- ment of Transportation pursuant to a written settlement agreement, which agreement will generally provide that the State will construct the Mormon Trek Bypass along its presently planned route in conjunction with its construction of Freeway 518, said construction to be completed within five years from I 4 - 3 - the date of the settlement memorandum executed by the City and the Department of Transportation. 4. It is agreed between the City and West Side that the settlement agreement between the City and the Iowa Depart- ment of Transportation will provide that in the event a contract for the construction of the bypass road is not let within five years from the date of execution of the City -State settlement agreement or dismissal of the suit, whichever is earliest, the $90,000.00 sum paid to the State shall be returned to the City with interest from the date of original payment at the legal rate applicable during the period and the event said contract is not let and returned to the City, the City will in along with the above interest received further agrees to use its best efforst of this sum in the event the bypass is called for in the settlement agreement the City agrees that in the $90,000.00 sum is its turn refund the same to West Side. City to obtain the return not constructed as 5. This agreement is contingent upon the City and the Iowa Department of Transportation in fact entering into a legally binding settlement agreement as above contemplated and a dismissal being filed of the existing lawsuit between the State and the City and both parties agreeing to proceed as expeditiously as possible with the construction of 518 and the Mormon Trek Bypass. 6. It is agreed by City, and City will so agree with the Iowa Department of Transportation, that if at any time following payment of the amount set out herein, the Iowa ,Department of Transportation permanently abandons its plan to build 518 at its intersection with Highway One as presently located, at that time said $90,000.00 together with interest 73 - 4 - will be returned to West Side. WEST 7SID.CO. General Partner CITY OF IOWA CITY Bx _ - -�,playor ATTEST: City Clerk IN THE DISTRICT COURT OF THE STATE OF IOWA IN AND FOR JOHNSON COUNTY CITY OF IOWA CITY, Plaintiff, IOWA DEPARTMENT OF TRANSPORTATION Defendant, IOWA CITY CHAMBER`OF COMMERCE, ROBERT N. DOWNER, DONALD STRUB, DONALD HERBERT, RUSSELL MISHAK, THOMAS HOOGERWERF, MARVIN HARTWIG, JOHNSON COUNTY, IOWA, CITY OF HILLA AND CITY OF RIVERSIDE Intervenors. NO. 45014 STIPULATION OF SETTLEMENT COMES NOW, the above -captioned parties, the Iowa Department of Transportation (DOT), City of Iowa City (City) and Johnson County (County), and by way of compromise settlement agree as follows: 1. All parties hereto agree and consent to the construction of Arterial Highway 518, sometimes referred to as Freeway 518, extending between Interstate 80 and Primary Highway Iowa 1 in Johnson County along the location identified in the Final Environmental Statement dated May, 1977, and signed for the Federal Highway Administration Regional Adminis- trator on November 28, 1977, pertaining to Project Numbers F-518-3 and F- 518-4. All parties agree and consent to allowing the DOT to immediately commence all activities to complete this highway project. 2. All parties hereto agree and consent to the construction of said Arterial Highway 518 in accordance with the Iowa Department of Transportation construction/design plans with the following modifications and clarifications: (a) The Department of Transportation will construct relocated Mormon Trek Road along the location shown by the construction/design plans as an urban section having a 31 foot wide 7" PCC paved road with curbs, gutter intakes, and storm sewer outlets; these outlets will be into the open common ditch between Mormon Trek Road and Arterial Highway 518. Johnson County consents and agrees to said construction. However, the City will reimburse the DOT the additional cost of constructing such a 31 foot urban paved road as compared to a 24 foot rural section of road as originally planned and designed by the DOT. The additional cost is determined to be $90,000. The City, within 30 days of executing this wi�r♦ -2 - Stipulation of Settlement, and dismissal of the pending lawsuit, will provide the DOT with said $90,000 sum of money. In the event a contract for the construction of said relocated Mormon Trek Road is not let within 5 years of the date of this Stipulation of Settlement or dismissal of the suit, whichever is earliest, the DOT will return said $90,000 sum of money with interest at the legal rate applicable from the date of original payment. Further, if DOT permanently abandons its plan to build Freeway 518 at its intersection with Highway 1 as presently located, at that time said $90,000 together with interest will be returned to the City. (b) The Department of Transportation in accordance with DOT construction/design plan sheets Nos. 27 and 30 will construct lights at the interchanges of the new Arterial Highway 518 with Melrose Avenue and with Primary Highway Iowa 1. Notwithstanding the provisions of 5313.4(4), 1979 Code of Iowa, the City will maintain and pay all future energy costs of the lights located at the interchange of Arterial Highway 518 and Melrose Avenue. If the City should annex into its corporate boundaries the interchange of Primary Highway Iowa 1 and Arterial Highway 518, or a portion thereof, the City at that time will assume the responsibility for maintenance and energy of said lights at the interchange. All light poles to be maintained by the City shall be a maximum of 30 feet in height. (c) In reference to the frontage road to be constructed from Melrose Avenue extending northwesterly to a connection with the existing county road, the surface of said frontage road will be granular except for the portion between Melrose Avenue and Camp Cardinal Road which will be seal coated. (d) That portion of Melrose Avenue which will be reconstructed for approximately 1,100 and 1,200 feet east and west of the interchange respectively, will be reconstructed with a raised, curbed grassed median consistent with the existing median on Melrose Avenue. (e) The Department of Transportation will also provide plantings along the relocated Mormon Trek Road in accordance with the construction/design plan sheet number 7. 3. The Department of Transportation will provide Johnson County a state warrant in the amount of $100,000, which the County will expend on the cost of providing a sewage system for the county home. The County will hold the Department of Transportation harmless from any and all further responsibility in providing a sewage system for said county home. 9x -3 - It is expressly understood that any evaluation of just compensation for future right-of-way acquisition from the County for this project will not include any damages relating to the sewage system for the county home. (a) DOT will install 9 26" conduit under the freeway at a location to be determined by the City to facilitate construction of a sewer line west of the freeway in the vicinity of the county home. 4. Local traffic shall be maintained by the DOT across this Project during the construction period. 5. The County shall be responsible for providing to the DOT without cost all right-of-way which involves existing county roads needed for this Arterial Highway 518 project. 6. The City shall be responsible for providing, without cost to the DOT all right-of-way needed for this Arterial Highway 518 project which involves dedicated streets or alleys. 7. In connection with this Project all real estate and rights to real estate necessary for right-of-way in the construction, relocation or reconstruction of public roads which are or which will be under the respective jurisdiction of either the City or County, including access or frontage roads if any, may be acquired by the DOT, for and in the name of either the City or County depending on whether it is located within the City or County. The City or County shall receive fee title from the contract seller and the City or County does hereby agree to accept title thereto. Where acquired by condemnation a single joint comdemnation proceeding shall be instituted by the DOT with either the City or County to acquire real estate and/or rights in real estate. 8. Subject to the approval of and without expense to the DOT, the City and County agree to use their best efforts to perform (or caused to be performed), all relocations, alterations, adjustments or removals of utility facilities, including but not limited to power, telephone and telegraph lines, natural gas pipelines, water mains and hydrants, curb boxes, sanitary sewers, and related poles, installations and appurtenances, whether privately or publicly owned, and all other facilities or obstructions which are located within the limits of an established street, alley or road and which will interfere with construction of the Project, all in accordance with the Utility Accommodation Policy of the DOT. -4- 9. All storm sewers on Mormon Trek constructed by the DOT as a part of said Project shall become the property of either the City or County, (depending upon whether they are located within the City or County) which shall be responsible for their maintenance and operations. 10. Upon completion of the project the City and County shall each receive title to and assume full responsibility for that portion of relocated Mormon Trek Road and the frontage road from Melrose Avenue connecting to the existing county road within the City or County respec- tively. 11. Upon completion of this project the City shall assume full maintenance responsibility for that portion of Melrose Avenue which will be within its new Arterial Highway 518 interchange. At that time the City will also be responsible for all future maintenance of Rohret Road. The DOT shall be responsible for the structural maintenance of said grade separation structure at Rohret Road, including repairs to the floor, railing and painting. 12. It is further agreed by the DOT that the Primary Highway Iowa 1 - US 6 -US 218 intersection and Iowa Primary Highway Project from the new Arterial Highway 518 to said Iowa 1 -US 6 -US 218 intersection and north through the Benton Street intersection will be completed during the same construction seasons as the Arterial Highway 518 project. The DOT further agrees to the development of the Benton -Riverside project on a 50-50 basis with the City during the above -identified construction period. 13. The County will promptly execute and deliver to the DOT Agreement No. CR -90 previously offered to the County covering construction of Arterial Highway 518 between the south line of Johnson County and Interstate 80. All provisions of said Agreement No. CR -90 shall be incorporated as a part of this Stipulation of Settlement. 14. Upon execution of this Stipulation of Settlement the Plaintiff, City of Iowa City, shall dismiss with prejudice the above -captioned lawsuit. The City further agrees and covenants not to bring suit other than for failure to comply with their stipulating settlement or other agreements referred to herein, which would challenge, oppose or delay the construction of Arterial Highway 518 in Johnson County. 15. This Stipulation of Settlement will be filed with the Clerk of Court as a part of this action. The City and the DOT will each pay 50 percent of the court costs of this action. fx -5 - Dated this 26th day of February , 1980. On Behalf of City of Iowa City, Iowa: On Behalf of Iowa DOT: oh Balmer, Mayor Robert Rigler, Chairman John Hayek, City Attorney David A. Elderkin, Special Counsel for the City On Behalf of Johnson County, Iowa: Harold Donnelly, Board of Supervisors Robert W. Goodwin, General Counsel Iowa Department of Transportation J. Patrick White, Assistant County Attorney On Behalf of the Chambers of Commerce of Iowa City, Hills, and Riverside and the members thereof: Jay Honohan, Attorney 9-s RESOLUTION NO. 80-69 i cl fir'_ RESOLUTION AUTHORIZING AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE IOWA CITY ASSOCIATION OF PROFESSIONAL FIRE FIGHTERS, IAFF, AFL-CIO, LOCAL #610, TO BE EFFECTIVE JULY 1, 1980, THROUGH JUNE 30, 1981, AND AN AGREEMENT AMENDING THE COST OF LIVING ALLOWANCE OF THE 1979-80 COLLECTIVE BARGAINING AGREEMENT. WHEREAS, the City of Iowa City, Iowa (hereinafter the City), and the Iowa City Association of Professional Fire Fighters, IAFF, AFL-CIO, Local #610, (hereinafter the Union), through their designated bargaining representatives, have negotiated a tentative collective bargaining agreement to be effective July 1, 1980 through June 30, 1981, a copy of which Agreement is attached to this Resolution as "Exhibit A" and by this reference made a part hereof, and WHEREAS, the City and the Union, through their designated bargaining representatives, have negotiated an agreement amending the cost of living allowance of the current collective bargaining agreement in effect between the parties as a part of the negotiated settlement, and WHEREAS, the City desires to approve the Agreement, finding that it will promote efficient municipal operations, thereby providing residents of the community with municipal services; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The above -referenced agreements between the City and the Union are hereby approved by the City. 2. The Mayor is hereby authorized and directed to sign, and the City Clerk to attest, the agreements. It was moved by Neuhauser and seconded by Roberts 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 26thday of February 1980. `� AYOR ATTEST: Il, t,t; / I n_l ,4 CITY CLERK F :J. "EXHIBIT A" AGREEMENT The City of Iowa City, Iowa (Employer) and the Iowa City Association of Professional Fire Fighters IAFF, AFL-CIO, Local #610 (Union) mutually agree to amend the terms of Article XXVIII (Other Compensation) of their 1979-80 collective bargaining agreement in the following manner: 1. The 1979-80 cost of living adjustment provisions of Section 1 [(a) through (f)] of Article XXVIII shall not be complied with and shall be null and void in their entirety. 2. The Employer shall provide a cost of living adjustment to bargaining unit personnel represented by the Union as follows: a. Two weeks after both the Union and the City execute the 1980-81 collective bargaining agreement, employees shall receive a one-time cash payment equal to 2% (two percent) of their then current annual base salary. This payment shall not be included in computing any employee's future salary levels. b. Effective July 1, 1980, employees shall receive an upward adjustment in their annual base salaries of 2% (two percent). This percent amount shall first be added to the percent amount negotiated by the parties for the 1980-81 salary increase (9%); the sum of which (11%) shall be used to determine the 1980-81 base salary amounts. The parties agree to waive any and all claims to any payment which may be raised in any forum concerning Article XXVIII Section 1 (a) through (f) of their 1979-80 collective bargaining agreement in exchange for the provisions of this agreement. FOR THE EMPLOYER: FOR THE UNION: MAY OR �/r-�es�ae,�� 4,oanl (silo ATTEST: 0'(l10 CITjY CLERK 5"Cc4ury LOCQI /O 119c) CJ DATE COU S L J $O D E COUNSEL 9% CONTRACT BETWEEN CITY OF IOWA CITY, IOWA AND IOWA CITY ASSOCIATION OF PROFESSIONAL FIRE FIGHTERS IAFF, AFL-CIO, LOCAL #610 JULY 1, 1980 TO JUNE 30, 1981 9/7 TABLE OF CONTENTS ARTICLE PAGE Preamble . . . . , . . . , . . . , . . . 1 Article I -- Recognition . .. . . . . . . . . . . . 2 Article II -- Management Rights . . . . . . . . . . . . . 2 Article III - No Strike - No Lockout . . . . . . . . . . . 3 Article IV -- Dues Check Off . . . . . . . . . . . . . . . 3 Article V -- Hours of Work . . . . . . . . . . . . . . . . 3 Article VI -- Overtime . . . . . . . . . . . . . . . . . . 4 Article VII -- Special Leave . . . . . . . . . . . . . . . 5 Article VIII -- Holidays . . . . . . . . . . . . . . . . . 7 Article IX -- Sick Leave . . . . . . . . . . . . . . . . . 8 Article X -- Vacations . . . . . . . . . . . . . . . . 9 Article XI -- Union Activities . . . . . . . . . . . . . . 10 Aritcle XII -- Uniforms and Equipment . . . . . . . . . . 10 Article XIII -- Insurance . . . . . . . . . . . 11 Article XIV -- Duty Outside the City . . . . . . . . . . . 11 Article XV -- Training Programs . . . . . . . . . . . . . 11 Article XVI -- Bulletin Boards . . . . . . . . . . . . . . 12 Article XVII -- Personnel Transactions . . . . . . . . . . 12 Article XVIII -- Discipline . . . . . . . . . . . . . . . 12 Article XIX -- Transfer Procedures . . . . . . . . . . . . 13 Article XX -- Supplemental Employment . . . . . . . . . . 13 Article XXI -- Safety .. . . . . . . . . . . . . . . 13 Article XXII -- Grievance Procedure . . . . . . . . . . . 14 Article XXIII -- General Conditions . . . . . . . . . . . 16 Article XXIV -- Waiver . . . . . . . . . . . . . . . . . . 17 Article XXV -- Savings Clause . . . . . . . . . . . . . . 17 Article XXVI -- Duration . . . . . . . . . . . . . . . . . 18 Article XXVII -- Wages . . . . . . . . . . . . . . . . . . 18 Article XXVIII -- Other Compensation . . . . . . . . . . . 18 9 7 This Contract as the "City" and I.A.F.F. AFVCIO, promoting harmoniou PREAMBLE is entered into by the City the Iowa City Association Local 610, referred to as s and cooperative collectiv eof Iowa City, Iowa, referred to of Professional Fire Fighters, the "Union", for the purpose of bargaining between the parties. The parties agree to the following specific provisions: 9,e7 2 ARTICLE I The City recognizes the Iowa City Association of Professional Fire Fighters, I.A.F.F. AFL/CIO, Local 610, as the exclusive bargaining agent for all permanent City of Iowa City Fire Fighters, Lieutenants, and Captains and excluding the Fire Chief, Battalion Chiefs, Training Officer, Fire Marshall, and all those excluded by Section 4 of Chapter 20 of the Code of Iowa. This representation is based on a Decision and Order promulgated by the Iowa Public Employment Relations Board on December 16, 1975. This Contract is not intended to bind either party with respect to future unit determinations or rights of representation of new titles, departmental reorganization or any other administrative variations of the present department organization. The City agrees that it will not sponsor or promote, financially or otherwise, any other group, individual, or labor organization; for the purpose of undermining the Union; nor will it interfere with, restrain, coerce, or discriminate against any of its employees in connection with their membership in the Union. ARTICLE II MANAGEMENT RIGHTS Section 1. Except as limited by the express provisions of this Contract, nothing herein shall be construed to restrict, limit, or impair the rights, powers, and authority of the City under the laws of the State of Iowa and the City's ordinances. These rights, powers, and authority include, but are not limited to the following: a. To direct the work of its employees. b. To develop, implement and enforce work rules, safety standards, performance and productivity standards. C. To hire, promote, transfer, assign, classify, schedule, evaluate, and retain employees within the operation of the City government and to develop and maintain qualification standards and procedures for employment, promotions, and transfers. d. To discipline, suspend or discharge employees for just cause. e. To maintain the efficiency of the governmental operation and to determine and maintain the nature, scope and definition of City organization. f. To relieve employees from duties because of lack of work, lack of adequate public financing, or for other legitimate reasons. g. To determine the amounts, methods, and procedures for compensating employees and the definition of, necessity for, allocation of, and nature of overtime and the method of compensating overtime. h. To determine and implement the methods, means, tools, locations, equipment, and assignment of personnel by which its operations are to be conducted including but not limited to the right to contract and subcontract work. i. To take such actions as may be necessary to carry out its mission. j. To initiate, prepare, certify and administer its budget. k. To exercise all powers and duties granted to it by law. 97 3 ARTICLE III NO STRIKE --NO LOCKOUT Section 1. No Strike. No employee covered by this Contract shall engage in any strike at any City facility or at any location in the City where City services are performed during the life and duration of this Contract. If any strike shall take place, the Union will immediately notify employees engaging in such activities to cease and desist. Employees in the bargaining unit, while acting in the course of their employment, shall not refuse to cross any picket line established by any labor organization when called upon to cross such picket line in the line of duty. The City will make every reasonable effort to assure employee safety in crossing picket lines. Any employee engaging in any activity in violation of the Article shall be subject to immediate disciplinary action including discharge by the City. "Strike" means a public employee's refusal, in concerted action with others, to report to duty, or his willful absence from his position, or his stoppage of work, or his abstinence in whole or in part from the full, faithful, and proper performance of the duties of employment. Section 2. No Lockout. The City agrees not to lock out employees as a result of disputes arising out of the terms of this Contract. ARTICLE IV DUES CHECK OFF Section 1. The City agrees to deduct Union membership fees and dues once each month from the pay of those employees who individually authorize in writing that such deductions be made. The Union will verify the dues structure to the City in a letter signed by the President and notarized. Authorization for check off must be received by the 15th of the month in order to be withheld from the first check of the next month. Section 2. Check off moneys will be deducted from the first pay check of each calendar month, and shall be remitted, together with an itemized statement, to the Union Treasurer within ten (10) days after the deductions have been made. Section 3. The City will not deduct dues beginning the first of the calendar month after which an employee is no longer part of the bargaining unit. An employee may voluntarily cancel or revoke authorization for check off by delivery of written notice to the City and to the Union. Cancellations received by the 15th of the month will become effective on the first of the next month. Section 4. The City will not be liable and will be held blameless for damage arising by virtue of mistakes in connection with funds collected under the provisions of this Article. The City will not be responsible for payment of dues, special assessments or any other deduction upon an individual's default. ARTICLE V HOURS OF WORK Section 1. The normal work week will average fifty-six (56) hours, but no employee shall be guaranteed any specific number of hours in any one week. Sworn personnel of the Fire Department bargaining unit will work in twenty- four (24) hour shifts, except such members as assigned to other special shifts 4 by the Chief. An adjustment in benefits will be made for employees who are assigned to other than fifty-six (56) hour week. Section 2. Temporary variations in shift assignment or changes in days on and off may be made upon twenty-four (24) hours notice. No prior notice is required to change schedules in an emergency or in the case of inclement weather. Section 3. Trading of Time. The City will permit fire fighters to exchange work shifts within grade and between captains and lieutenants upon the following procedures: a. Two employees may make a mutual request in writing to the Battalion Chiefs of the 'respective shifts 24 hours in advance except in the case of emergency when shorter periods of notice are required. b. The Fire Chief and Battalion Chief will approve or deny the request, but permission to trade will not be denied without reason. C. The employee receiving the work shift off in the exchange shall pay back the employee taking his/her place within the fiscal year, upon termination, or by such time as required by the law, whichever comes first. d. The substitution may not impose any additional costs on the Employer, and in the event the employer is required to pay any overtime because of the failure of an employee to pay another back in timely fashion, this overtime pay shall be deducted from the pay of the negligent employee. Section 4. Staffing. The Chief has sole discretion to determine the number of people who take time off in any rank as well as the level of staff for the Fire Department. Section 5.Pay outside of classification. If an acting temporary appointment out of rank is made in writing by the Fire Chief for a period which exceeds 20 calendar days, the employee so appointed will be paid at the beginning pay rate, or beginning rate plus one step, when necessary to increase the salary in the acting appointment, of the rank in which he/she is acting on the first full shift on the 20th day. Such adjustments will be retroactive to the original date of appointment should the appointment go beyond 20 days. In making such appointments, the Fire Chief will look first to persons from the shift who are on the promotional list with the highest standing. If a person's name from the effected shift does not appear on the promotional list, the Fire Chief will then go to the most senior person on the shift. Section 6. Excused Tardiness. Employees shall be allowed two (2) fifteen (15) minute penalty -free tardiness' annually. This provision shall only be applicable in situations involving unintentional tardiness. ARTICLE VI OVERTIME Section 1. For purposes of this Article a "day" is defined as beginning at 7:00 A.M. and ending twenty-four (24) hours later. Section 2. Overtime is work performed by a permanent employee who is required to work at the end of twenty-four (24) hour shift or who is called back to work for fire department activities. Prior authorization from the Officer in 97 5 charge is required before overtime will be credited. Employees may be periodically required to work overtime but may request not to do so because of physical inability as determined by the Chief or his/her designee. Overtime is voluntary in the following circumstances only: a. Where overtime assignments are made over 72 (seventy-two) hours in advance; b. The right to refuse an overtime assignment shall be limited to the first 3 (three) employees asked; thereafter overtime shall be mandatory. The Fire Chief shall make assignments as soon as he/she knows of the need. There will be no pyramiding of overtime. Overtime will be compensated at the rate of one and one-half (1�) times the current base hourly rate of the employee.or by compensatory time off at the rate of one and one-half' (1h) hours of each• hour of overtime worked. Permanent employees may accumulate up to 48'hours of compensatory time which may be taken off at times agreed upon by the employee and the supervisor. The Chief will consider departmental staffing needs, financial considerations, and employee preferences in determining whether overtime is paid or compensatory time given. Upon termination the employee will be paid for one-half (1/2) of the remaining compensatory time. If an emergency situation occurs, as determined by the Chief at the end of a fiscal year which would result in a probable loss of compensatory time due to year end accruals, the Chief may authorize overtime payment in lieu of compensatory time at the end of the first full pay period of the new fiscal year. Section 3. Minimum Call -In. An employee who has completed a work day and who is called in to work in an emergency situation without prior notice will be paid for a minimum of two and one-half (2 1/2) hours. If the emergency call-in takes more than two and one-half (2 1/2) hours the employee will be compensated for time spent. Minimum call-in will be paid at the overtime rate. Section 4. Calculation of Overtime. Generally, overtime will be recorded on the basis of six 6) minute segments, and an employee must work an entire segment to be credited with one-tenth (1/10) hour for overtime. However, in the case of retention time, an employee will receive one (1) hour of overtime for any part of an hour of previously authorized work. E. g., If a unit is called out at 6:30 A.M. fora fire and are unable to return to the station until 7:20 A.M., each crew member who has received authorization to answer the call will receive one (1) hour of overtime. In the event that the crew is required to stay until 8:20 A.M. (1 hour 20 minutes) the time in excess of one hour will be recorded to the nearest one-tenth (1/10) hour and the employee would receive 1.3 hours of overtime. ARTICLE VII SPECIAL LEAVES Section 1. On the Job Injury. Upon application the City may grant a leave of absence with pay in the event of an injury or illness of an employee while at work provided the following conditions exist: a. The injury or illness arises out of the course of City employment, and 9, 0 b. the City's medical advisor determines that time off work is required. If the above provisions are applicable, leave with pay will be granted during the remaining time on the work shift when the injury occurs and for a period of up to two (2) working shifts thereafter if authorized by the medical advisor. If the injured or disabled employee requires more than two (2) shifts in which to recuperate and return to work, any additional absence may be charged to sick leave or, if sick leave is exhausted, to other accumulated leaves or if all leaves are exhausted, to leave of absence without pay. If the City is reimbursed by the Fire Pension Board for days when an employee is using sick leave for on-the-job injury, the City will return to the employee such sick leave. Section 2. Funerals. An employee will be granted up to a maximum of two (2) shifts per incident as determined by the Chief with no loss of compensation to attend the funeral of his/her spouse, children, mother, father, stepparents, sister, brother, mother-in-law, father-in-law, grandparents, aunt or uncles, brother-in-law, sister-in-law, or permanent members of the immediate household. If additional time is needed, an employee shall be permitted to use up to one (1) shift of accumulated sick leave with the approval of the Fire Chief or immediate supervisor. Section 3. Leave of Absence Without Pay. A leave of absence without pay is a predetermined amount of time off work, which has been requested by the employee, recommended by the Fire Chief and approved by the City Manager. Generally, such leave shall not exceed twelve (12) months. Upon termination of any such leave of absence, the employee shall return to work in the same range and step as when he/she left and will receive compensation on the same basis as if he/she had continued to work at his/her regular position without leave, provided that, during that period, if the nature of operations has changed so that similar work does not exist or that an opening for the employee no longer exists the employee will be offered vacancies in related areas or other vacancies at the City for which the employee is otherwise qualified. In the event an employee fails to return to work at the end of any such leave or extension he/she shall be deemed to have voluntarily resigned or, if applicable, voluntarily retired on the last day of work prior to such leave. During a leave of absence without pay, the employee: a. cannot pay retirement contributions if the leave exceeds one month in duration; b. must pay group hospitalization premiums falling due during any month the employee is not on the payroll if coverage is desired; C. must pay premium for coverage under the group life insurance plan if coverage is desired; d. shall not receive any other accruals or job benefits during the period of absence; e. shall not acquire additional seniority during said leave except in the case of temporary medical disability or where otherwise specified by this Agreement. f. shall not earn sick, vacation, or other leave; g. must use all accumulated vacation to which he/she is entitled prior to the time that the leave without pay commences. 97 7 The Fire Chief may waive the above conditions (a. through g.) for leaves of absence not exceeding ten (10) calendar days. Section 4. Jury Duty. An employee summoned for jury duty shall notify the City so that a request to the Court in writing may be made to excuse the employee because of the nature of fire supression activities. In the event that the employee is not excused the City shall receive the pay earned for such jury service. Compensation for travel expenses may be retained by the employee. An employee shall report to the assigned work area both before and after time spent on jury duty for regularly scheduled work days. Section 5. Witness Fees. An employee shall be granted leave with pay when required to be absent from work for,the purpose of testifying in court in response to legal summons and •the.City, shalI receive the witness fees up to the amount of compensation paid to the employee for days testified. Section 6. Military Leave. The City will comply with the Code of Iowa on military leave. Section 7. Voting Time. An employee shall be permitted to vote during the work day in any national, state, or local election if it is not reasonably possible for him/her to vote during off hours. If available, transportation will be provided within Iowa City. Section 8. Pregnancy Leave. A pregnant employee shall be entitled to a leave of absence without pay if she is disabled as a result of pregnancy or related cause at the exhaustion of other accumulated leaves. All employees requiring such leave shall notify the Fire Chief prior to the anticipated date of birth and should be able to substantiate their condition by a doctor's statement. Employees may work during pregnancy if health permits. Those granted leaves under this section shall present a doctor's statement as to pregnancy disability and recovery therefrom. Within seven (7) days following birth, miscarriage, or abortion, the employee shall advise the City of the date by which she will return to work. Unless the employee returns to work by such date, or any other date by reason of extension granted by the City, the employee will be considered to have voluntarily resigned or retired. An employee who takes a leave pursuant to this section shall return to work as soon as she is medically able. ARTICLE VIII HOLIDAYS Section 1. The following days shall be paid holidays for permanent employees: New Year's Day (January 1); Washington's Birthday (third Monday in February); Memorial Day (last Monday in May); Independence Day (July 4); Labor Day (first Monday in September); Veteran's Day (November 11); Thanksgiving Day (fourth Thursday in November); the Friday after Thanksgiving; Christmas Day (December 25); and one personal leave day. Section 2. In addition, there shall be granted to permanent employees who do not work a continuous shift the day before or after Christmas, or the day before or after New Year's Day as an additional holiday. The City Manager may direct that employees observe a particular day for this holiday but if the Manager fails to make such designation by December 15 of the calendar year in question, employees may select a particular day subject to the approval of the 77 supervisor. If the City Manager does not designate a day employees may choose a day between December 24 and January 2 for this holiday with the supervisor's approval. Section 3. Permanent employees on a continuous shift shall receive one hundred twenty-three (123) hours of holiday credit on July 1 annually. Any continuous shift employee who begins work after July 1 of any calendar year will receive credit for the remaining holiday dates in the year. If an employee separates after July 1 of any year, those holidays which have been credited but which have not yet occurred will be deducted for the purpose of considering separation pay. Requests for use of holiday time shall be made to the Battalion Chief who shall determine when holiday time may be taken. For the purpose.of this Article, a holiday for continuous shift employees begins at 7:00 A.M. on 'the day of the holiday and continues for a period of twenty-four (24) hours thereafter. Section 4. Part-time employees will receive holiday pay on a pro rata basis. Section 5. Holidays or personal leave days shall not be carried beyond July 1 of any year. Section 6. Definitions. "Continuous shift employees" as used in this article includes all personnel who are working on twenty-four (24) hour shifts. ARTICLE IX SICK LEAVE Section 1. Accumulation. Employees shall be granted twelve (12) hours of sick leave credit per month and shall have the right to accumulate unused sick leave up to a maximum of 2,160 hours (90 shifts). Sick leave shall not be accumulated while an employee takes a leave of absence without pay but any employee granted a City paid leave shall continue to earn sick leave. Accumulation of sick leave shall commence on the date of first permanent employment. Additional sick leave will not accrue while an employee is receiving pension compensation on any basis or on an unpaid leave of absence except a temporary occupational disability. Employees on temporary occupational disability leave shall continue to accrue sick leave during the first ninety (90) days of such leave. Upon resignation or retirement, the City shall pay for one-half (1/2) of the accumulated sick leave on the basis of the employee's current hourly base salary. An employee must have been employed by the City for at least one year in order to be eligible for payment of accumulated sick leave upon resignation or retirement. Section 2. Use of Sick Leave. a. An hour of accumulated sick leave shall be used for each hour an employee is sick and off work during a work week. A doctor's statement regarding nature of illness and recovery therefrom may be required. Sick leave may be used on an hour -to -hour basis for doctor's appointments or other health maintenance needs. 97 I b. In addition to sickness of an employee, sick leave may be used for: (1) On-the-job injury; (2) Serious illness or hospital confinement of a spouse or child, or critical illness of the employee's mother, father, mother-in-law, father-in-law, brother, sister, or grandparents, as well as any other relatives or members of the immediate household of the employee up to a maximum of forty-eight (48) hours per occurrence. Section 3. Notifications. An employee shall notify his/her supervisor as soon as reasonably possible of any sickness or illness which will cause him/her to miss work and, unless such notification is given within one (1) hour after the beginning of the work day, the absence will not be charged to sick leave, but will be charged to other accumulated leave or to leave of absence without pay. Unusual circumstances will be evaluated and may result in charging the absence to sick leave. An employee who becomes sick at work will notify his/her supervisor before leaving the area. An employee who is unable to perform any required duties as a result of illness must leave the work area and charge the time to sick leave or other accumulated leave, or to leave without pay. Section 4. In the event an employee is injured or disabled on the job requiring time away from work, no deductions shall be made from the employee's accumulated sick leave or annual leave unless such employee requires more than two (2) shifts following the day of the injury in which to recuperate and return to work. Section 5. A permanent employee is entitled to an additional twelve (12) hours of sick leave for each six (6) months of continuous employment without use of sick leave. For purposes of this Section, continuous employment includes paid leaves and excludes leave without pay or disability leave. ARTICLE X VACATIONS Section 1. Accumulation. Vacations shall be earned and accumulated by month according to the following schedule: Length of Service Hours Per Month Hours Per Year 0-5 years 12 hours (6 shifts/yr) 144 5 years 1 day -10 years 16 hours (8 shifts/yr) 192 10 years 1 day -15 years 18 hours (9 shifts/yr) 216 15 years 1 day -20 years 20 hours (10 shifts/yr) 240 more than 20 years 22 hours (11 shifts/yr) 264 The maximum number of hours eligible for carry over after July 1 of any year shall be two hundred eighty-eight (288) hours. Vacation time may be used on an hour -for -hour basis provided reasonable notice is given in advance and subject to the Fire Chief's approval which shall not be withheld without reason. Section 2. Use of Vacation. An employee becomes eligible to use vacation time after he/she has been on the payroll as a permanent full-time fire fighter for a period of six (6) continuous months. (This may occur prior to the completion of probation.) 97 10 Between January 1 and May 15 each battalion will schedule vacations using the following procedure: The Chief will indicate the minimum number of persons of each rank who must be working. Employees will indicate their first choice in the order of seniority within the department. When the least senior person has expressed a first choice, the most senior person may indicate a second choice, with others following in order of their turn. Unless an employee expresses his/her choice within two shifts, he/she will be considered to have forfeited a turn. The Battalion Chief and the Union representative wi11.monitor the procedure for choice of vacations. Section 3. Payment of Accumulation. Upon resignation or retirement after six (6) months of continuous service, an employee is eligible for payment or not more that two hundred eighty-eight (288) hours of accumulated vacation leave at the current base rate of pay. ARTICLE XI UNION ACTIVITIES Section 1. Union Meetings. The Union may use the All -Purpose Room for union meetings for three (3) hours not more often than once per month. Employees on duty may attend with the Battalion Chief's permission and such employees must be available for fire calls. Such meetings will be held at times when they do not interfere with Fire Department activities. No one on duty in outlying stations may attend. Section 2. Documents. Documents belonging to the Union may be stored at the Central station in the same manner in which they are currently stored. Section 3. State Convention. Two bargaining unit members from different shifts may have up to two shifts off duty to attend the annual meeting of Iowa State Association of Professional Fire Fighters Convention. The Union will designate in writing who will attend the convention ten (10) days prior to the date of the convention. All arrangements for taking time off under this Section will be cleared with the Chief. Section 4. State Officers. State Officers shall be given up to two (2) shifts off duty to attend the annual meeting of the Iowa Association of Professional Firefighters Convention. The Union shall provide a qualified replacement, agreed to by the Chief, to work for the State Officer. The City shall not be held liable for payment of wages or time off due to the replacement. Section 5. Negotiations. In the event that the parties to this contract determine that future negotiations are appropriate, not more than one (1) member of the bargaining unit may attend the negotiations while on duty without loss of compensation. The member will remain available for emergency calls during the negotiation period. 91 11 ARTICLE XII UNIFORMS AND EQUIPMENT Section 1. Uniforms. The City will provide any uniforms and equipment which are required for employees. The following uniforms will be provided: Uniform cap Blouse Necktie 3 summer shirts 3 winter shirts 3 dress pants Work gloves and mitts Winter coat 3 work pants Spring/Fall jacket Belt Fire Fighting helmet Turn out coat Bunker pants Day boots Night -.boots 1 pair work shoes Department patches/badges Initial tailoring will be provided. Employees may purchase their own work shirts as long as shirts meet general specifications as to color and style. Replacement of the above equipment will be by the City upon the Chief's determination of need. The City will compensate unit employees for the replacement cost of eye glasses which are broken or damaged in fire fighting duties including training and inspections. The Chief will determine the legitimacy of all claims under this section. The City will reimburse the employees a maximum of $50.00 annually toward cost of cleaning uniforms which require dry cleaning. ARTICLE XIII TNSHRANCF Section 1. Medical Health Insurance. The City will provide the health insurance policy currently provided for employees and eligible dependents. Section 2. Life Insurance. The City will provide a term life insurance policy for employees the face value of which is an amount equal to the next even thousand dollars greater than annual salary. E.g., If an employee's annual salary is $12,240, the face value of the life insurance policy is $13,000. In the policy currently provided coverage does not become effective until ninety (90) days after employment. ARTICLE XIV DUTY OUTSIDE THE CITY In the event the City directs an employee to perform duties outside the corporate limits of the City of Iowa City, Iowa, the employee shall receive every benefit, right, and privilege to which he/she would have been entitled had said duties been performed within the corporate limits of Iowa City. 97 12 ARTICLE XV TRAINING PROGRAMS The City and the Union agree that training and development of employees within the bargaining unit is of primary importance to maintaining high standards of fire protection for the citizens of Iowa City. The City agrees to assist employees in acquiring the knowledge, skills and attitudes needed to perform the work most effectively to the extent that there is an increase in efficiency and economy within the Fire Department. A continuous training program will be maintained based on need as determined by the Chief. Self development will be encouraged where possible and will include training in management and supervisory skills as well as technical areas. The City and the. Union agree to support and administer the Apprentice Program (Department of Labor) currently.in operation. When they are required by the City to attend training activities away from the station, employees will be reimbursed for expenses in keeping with City procedures for reimbursing such expenses. Compensation for required training will be by prior authorization on the basis of straight time for actual hours spent in training. Subject to the discretion of the Fire Chief, the City recognizes the need for training in particular areas such as EMT and will provide such training when deemed appropriate. ARTICLE XVI BULLETIN BOARDS Section 1. The City shall assign space on bulletin boards for the Union to post notices. The Fire Chief will have final review of materials posted or displayed on walls, bulletin boards, blackboards, and other similar surfaces in the Fire Department. ARTICLE XVII PERSONNEL TRANSACTIONS Section 1. Employees shall receive a copy of payroll transactions, performance evaluations, and other documents which will be used for purposes of promotion, evaluation or discipline within thirty (30) days after documents are placed in their files. Section 2. Under the supervision of an employee of the Human Relations Office and during normal business hours, employees shall have access to their personnel files including the right to copy the contents of the file at their own expense. Section 3. The City shall remove documents relating to minor disciplinary offenses from the employee's file once per year on or about July 1. Materials removed will be placed in an inactive file. Section 4. Upon request, each employee shall receive a copy of his/her job description upon permanent appointment to the position in question. 9% 13 ARTICLE XVIII DISCIPLINE Section 1. Purpose. All parties of this Contract recognize that a certain amount of discipline is necessary for efficient operation of the City and the City has rights and responsibilities under law in providing services in an efficient manner. These certain penalties for infractions are agreed upon by the parties as a mode of operating and are not intended to limit the management rights of the City as explained in Chapter 20 of the 1977 Code of Iowa. Disciplinary actions against employees will be taken for just cause. Employees shall elect to pursue appeals of disciplinary proceedings either through the Civil Service Commission or through the grievance procedure in this Agreement. The City agrees to impose discipline no later than thirty (30) days from the date it has clear notice of the facts constituting an infraction. Section 2. The goals of progressive discipline are to correct behavior and produce efficient City operations rather than merely to punish wrongdoers. Disciplinary actions or measures shall ordinarily be invoked in the order listed: 1. Oral reprimand or warning 2. Written reprimand or warning 3. Loss of time 4. Suspension with loss of pay 5. Salary reduction 6. Demotion 7. Discharge Section 3. Serious violations may be dealt with by any of the above disciplinary measures on the first or subsequent offenses. ARTICLE XIX TRANSFER PROCEDURES Section 1. Voluntary ans Trfers. An employee desiring to transfer to another battalion may make written application to the Fire Chief. The Chief will review the request and will consider the ability and experience of the member, the nature and type of work to be performed within the battalion, and the rank and seniority of the member, and the need for personnel having certain qualifications within the battalion. Special consideration by the Chief will be given for emergency circumstances. Generally, voluntary transfers will take place under one of two conditions: a. Two (2) employees desire to trade battalions, OR, b. A vacancy exists on another battalion. Employees may not make more than one voluntary transfer per year. Nothing in this Article limits the Chief from making involuntary transfers. ARTICLE XX SUPPLEMENTAL EMPLOYMENT Section 1. Employees may have outside employment provided that such employment does not conflict with the duty hours of the employee or with the /7 14 satisfactory or impartial performance of their duties and provided that such employment does not adversely affect the City. Section 2. The employee agrees to notify the Fire Chief of his/her outside employment. The employee will notify the Fire Chief when outside employment or employer changes. The Fire Chief retains the right to disapprove such outside employment under the provisions of Section 1 of this Article. ARTICLE XXI SAFETY Section 1. The City and the Union recognize the importance of the personal safety of individual employees on the job and recognize that fire fighting is a hazardous activity which subjects an individual to more risks than other employment or activities. Section 2. Periodic training in safety matters will be provided to employees who engage in hazardous work. Employees will have access to protective gear as required by law. Employees will use property and equipment of the City with due care appropriate to the work performed and equipment used. Section 3. Employees who operate equipment shall report any defect noticed by him/her in said equipment to the immediate supervisor as soon as possible. Section 4.Safety Committee. A safety committee composed of representatives of the City and the Union will act as advisors and make recommendations to the Fire Chief in the area of safety. Their duties shall include but not be limited to: Conducting safety lectures as needed. Investigation of accidents and injuries and making recommendations to the Fire Chief on steps to take to prevent a recurrence. Monitoring of the testing of apparatus and equipment (testing procedures outlined in applicable NFPA Standards). Conduct safety checks in all stations and forward results to Fire Chief. Conduct Committee meetings quarterly (if needed) to discuss Safety and related topics. ARTICLE XXII GRIEVANCE PROCEDURE Section 1. Definitions. The word "grievance" wherever used in this Contract shall mean any dispute between the City and any employee with regard to the meaning, application or violation of the terms and provisions of this Contract. Section 2. Representation. An employee will not be required to be represented by a Union representative but has the right to be so represented if he/she chooses. In the event that the grievance proceeds beyond Step 3, an employee may not invoke arbitration without the approval of the Union and, in the case of an employee grievance, the Union may invoke arbitration only with approval of the employee grievant. �77 15 Section 3. Representatives. The Union will certify to the City the names of three (3) representatives and three (3) alternate representatives for the purpose of representing fire department members in the investigation and presentation of grievances. Not more than one representative will represent a grievant for any one grievance. The representative may use a reasonable amount of duty time to investigate grievances providing that the Battalion Chief gives permission for time to be used and provided that the grievance resolution does not interrupt regular fire department work. Section 4. An employee shall use this procedure for the resolution and determination of disputes which arise under the terms of this Contract. The Grievant does not lose legal rights by initiating a grievance under this procedure. However,. if the Grievant elects to proceed beyond Step 3 of the Grievance Procedure the' Grievant ,by so doing waives the right to exercise any other option(s) available to obtain satisfaction and the Grievant is bound by the decision of the Arbitrator. Section 5. Procedure. A grievance that may arise shall be processed and settled in the following manner: Step 1. The grievance shall be presented orally for discussion between the employee grievant, the representative, if applicable, and the battalion chief within nine (9) calendar days of the event giving rise to the grievance. The battalion chief will either adjust the grievance or verbally deliver an answer to the employee grievant or representative within nine (9) calendar days. In the event that no response is received from the supervisor, the grievant shall proceed to Step 2. Step 2. If the grievance is not resolved by Step 1, the grievant or representative may, within seven (7) calendar days following completion of Step 1, present three (3) written copies of the grievance signed by the employee grievant. The copies are to be distributed as follows: One copy to chief negotiator for City (or designated representative), one copy to Fire Chief (or designated representative), and one copy to the Union. The written grievance shall contain a statement from the employee of the facts and section of this Contract grieved and must specify the relief or remedy desired. The Fire Chief shall investigate and document the grievance and issue a decision in writing to the grievant and/or representative within ten (10) calendar days. If no response is received, the grievant shall proceed to Step 3. Step 3. If the Grievance is not resolved by Step 2, the Grievant may, within seven (7) calendar days following completion of Step 2, present three (3) written copies of the grievance as follows: a. one (1) copy to the Grievance Committee b. one (1) copy to the Union C. one (1) copy to the City The written grievance shall contain a statement from the Grievant of the specific circumstances leading to the grievance and section(s) of this agreement grieved and will specify the relief or remedy desired. It shall be signed by the Grievant. The Grievance Committee will within seven (7) calendar days following receipt of grievance meet to act upon the -f 16 grievance. The Grievance Committee will within seven (7) calendar days after meeting adjust the grievance or reject the grievance in writing. The Grievance Committee will deliver their written decision as follows: a. one (1) copy to the Grievant b. one (1) copy to the Union c. one (1) copy to the City In the event that no decision is received from the Grievance Committee within fourteen (14) calendar days after receipt of the grievance, the grievant shall proceed to arbitration. Section 6. Arbitration. Grievances not resolved at Step 3 of the Grievance Procedure may be subrqitted to a third party for arbitration. A request for arbitration must be submitted by written notice to the City within seven (7) calendar days following receipt of the Grievance Committee report at Step 3. Copies of any such request by an employee will be furnished to the City and the Union. The arbitration proceeding shall be conducted by an arbitrator to be selected by the City and the Union within five (5) days after notice has been given. If the parties fail to select an arbitrator, a request by either or both parties shall be made to the Iowa Public Employment Relations Board to provide a panel of five (5) propective arbitrators. Both the City and the Union shall have the right to strike two names from the panel. A coin toss will determine who strikes the first name. The process will be repeated and the remaining person shall be the arbitrator. The arbitrator shall have the power to interpret, apply, and enforce this written Contract but shall have no power to add to, subtract from, or modify the terms thereof. The rules of evidence and the nature of the hearing will be conducted in a manner consistent with all state and federal legislation, applicable rules and regulations. The decision of the arbitrator shall be issued within thirty (30) days after conclusion of the hearing and shall be final and binding upon the parties. The parties of the grievance, their witnesses and representatives shall have the right to be present at the grievance arbitration in addition to the arbitrator. Other persons may be present at arbitration hearings as the parties may mutually agree. Either party shall have the right to record the evidence presented at the arbitration hearing. Arbitration hearings shall be closed to the public and evidence taken shall not be revealed to any third party until such time as the decision of the arbitrator is made unless parties agree otherwise. The cost of arbitration and recording the same shall be divided equally between the parties to this Contract. The cost of a certified court reporter, if requested by the arbitrator, shall be divided equally between the parties. Each party will pay for the cost of its own case preparation and for expenses of its witnesses. Section 7. Grievance Committee. The Grievance Committee shall consist of three (3) persons designated by the Union as representatives and of not more than three (3) City representatives' except by mutual agreement. The names and addresses of the parties selected shall be certified by the Union to the City. Representatives or agents of the parties may be present at grievance committee meetings. �'7 17 The function of the Grievance Committee will be as follows: a. To resolve grievances as provided in Step 3. b. To meet and confer as needed during the life of the contract for the purpose of discussing problems between the parties arising out of the administration of this Contract. ARTICLE XXIII GENERAL CONDITIONS Section 1. This Contract shall be construed under the laws of Iowa. Section 2. The City and, the Union agree they will not act to discriminate because of race, creed, color, sex, age, or nationality unless the reason for the discrimination is job-related or otherwise allowed by law. Section 3.Parking. No fewer than ten (10) parking places in the Civic Center lot will be held in the names of fire bargaining unit members provided that fees are paid according to City procedures for the ten places. There will not be an increase in the rate for parking of $5.00 per month for members of the bargaining unit during the life of this Contract. The City will assume no increase in responsibility in administering use of parking permits as a result of this Contract and any disputes over use of the ten permits must be handled by the Union representative. Other fire department members may hold parking permits in accordance with City procedures. Section 4. Grocery Buyer. The grocery buyer for each shift may use a City vehicle if available at times and in areas designated by the Fire Chief. Section 5. Forty-five (45) copies of the new contract will be provided to unit employees as soon as is practicable. If the Union wants additional copies, the City will provide at cost. Section 6. The City agrees to meet and confer on mandatory items (Chapter 20, Section 9) during the course of this agreement and to notify the Association of significant changes in working conditions as far in advance as is reasonably possible. ARTICLE XXIV WAIVER All negotiations or bargaining with respect to the terms and conditions of thisContractshall be conducted by authorized representatives lof the Union, �Rrd?l Oe'dmea%fettiv1tX61yAW en seignedrR�ct�ie a`lthorrizedfhe$resentait�ioesio�ii�ij parties. The expressed written provisions of this Contract will not be modified except by authorized representatives of the parties. This Contract supersedes and cancels all previous agreements between the City and the Union and constitutes the entire Contract between the parties and concludes collective bargaining for its duration. All parties to this Contract waive each and every right to negotiate to which they would otherwise be entitled under the laws of the State of Iowa for the duration except as amended. 9J IN ARTICLE XXV SAVINGS CLAUSE Should any Article, Section, or any portion thereof of this Contract be held unlawful and unenforceable by operation of law or by any tribunal of competent jurisdiction, such decision shall apply only to the specific Article, Section or portion thereof declared null and void in the decision and the remainder of this Contract shall remain in full force and effect. Neither party shall be required as a result of their Contract with each other to conduct themselves in a manner which would cause them to neglect their duties under law or to engage in activities in violation of the law. If replacement provisions are deemed necessary by the Union or the City they shall give notice to the other party of their intent to reopen applicable portions of the Agreement. Negotiations will begin within ten (10) days unless extended by mutual written agreement. ARTICLE XXVI DURATION This Contract shall be in effect between July 1, 1980, and June 30, 1981, and shall continue from year to year thereafter unless written notice to change or modify it is served by either party prior to August 15 of the year preceding the expiration date of this Contract or any extention thereof. ARTICLE XXVII WAGES Section 1. Beginning July 1, 1980, the base pay of each step for the Iowa City Fire Department Fire Fighters, Lieutenants and Captains will be increased by a total of eleven (11) percent (two (2) percent allocated to buy-out of 1979- 80 cost of living potential liability and nine (9) percent allocated to general salary increase for 1980-81). ARTICLE XXVIII OTHER COMPENSATION Section 1. There will be a cost of living allowance if and when and to the extent the cost of living exceeds nine percent (9%) during the contract year subject to a maximum pay out of two (2) percent of an employee's base salary for the quarter in question. The method and basis for computing the allowance will be as follows: a. All computations will be based on changes in the revised Consumer Price Index (CPI -W) published by the Bureau of Labor Statistics, U.S. Department of Labor, Urban and Clerical Wage Earners, U.S. cities, 1967=100. b. The base index month shall be May, 1980. C. Cost of living computations will be made quarterly to determine the percent difference between the CPI -W for the base index month (May, 1980) and for August, 1980 -November, 1980 -February, 1981 -May, 1981. d. Quarterly cost of living allowance pay adjustments will be made effective the first day of the month following the month in which it 9 , 19 is determined that the cost of living has increased in excess of nine percent (9%). However, these quarterly cost of living payments are limited to a maximum of two (2) percent of an employee's base salary for the quarter in question. Furthermore, any payments made under this Article for the final quarter described in Section (c) shall not be included in the base salary of any employee but shall be paid on a one-time, non-recurring basis. Payments made for the remaining three (3) quarters, if any, shall be included in the employee's base salary. e. No cost of living adjustment will have the effect of reducing the salary schedules set forth in Article XXVIII, Compensation of this Agreement. Section 2. Longevity Pay. A payme6t will be made to permanent full time employees as of December 1, 1980, to reflect years of service with the City according to the following schedule: Length of Service on December 5 years 1 day - 10 years $200.00 10 years 1 day - 15 years 275.00 15 years 1 day - 20 years 375.00 20 years 1 day + 475.00 This payment will be prorated on the basis of monthly segments for members who retire before December 1 in any fiscal year. Any employee who terminates after December 1 will reimburse the City on the same proration. In addition, a payment of $400 will be made to each permanent full time bargaining unit employee as of December 1, 1980. In the event that an employee terminates for any reason after December 1, 1980, he/she will reimburse the City from this payment on a prorated basis (monthly segments). For example, an employee who retires on January 1, 1981, will return $200 of the December 1 payment. CITY OF IOWA CITY, IOWA IOWA CITY ASSOCIATION OF PROFESSIONAL FIRE FIGHTERS, IAFF, AFL-CIO, LOCAL #610 / BY:_ o 4Y:__ t, ,C� - Mt YYO�OR-4,Qaaro �opc.al/�(Ql0 BY: LQ�1•yUi �� BY: �,1,��rl"�7l cbf�ffNSEL StClt�csry, IocWi G tO � lr 1 0 L ATTEST: CITY CLERK DATE:��',�nr•�., �`c'U 0 CGo, aC�Lu RESOLUTION N0. 80-70 l/ RESOLUTION APPROVING CLASS G LIQUOR CONTROL LICENSE APPLiLr}CTiaA BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Liquor Control License application is hereby approv�Tor the following named person or persons at the following described location: Philip J. Dunton dba The Greenery Restaurant 11 S. Dubuque Said approval shall be subject to any conditions or re- strictions hereafter imposed by ordinance or State law. The City Clerk shall cause a recommendation for approval to he endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond, sketch of the premises and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by Roberts and seconded by Vevera that the Resolution as rhe adopted, and upon roll caTT there were: AYES: NAYS Balmer Lynch Erdahl Neuhauser Perret Roberts Vevera ABSENT: Passed and approved this 4th day of march , 1980 r Attest: City Clerk W RESOLUTION NO. 80-7 RESOLUTION APPROVING CLASS C LIQUOR CONTROL LICENSE APPLTCA'!`T6A BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class -Liquor Control License application is hereby approved -Tor the following named person or persons at the following described location: Magoo's, Inc. dba Magoo's, 206 North Linn St. Said approval shall be subject to any conditions or re- strictions hereafter imposed by ordinance or State law. The City Clerk shall cause a recommendation for approval to he endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond, sketch of the premises and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by that the Resolution there were: Balmer l,vnch Erdahl Neuhauser Perret Roberts vevera Roberts and seconded by Vevera as read-Fe—adopted, and upon ro�T—caIT Passed and approved this AYES: NAYS: ABSENT: x x x 4th day of March 19 80 r Attest: rdL,azl City Clerk /�� RESOLUTION NO. 80-72 RESOLUTION TO ISSUE CIGARETTE PERMITS WHEREAS, the following firms and persons have made appli- cation and paid the mulct tax required by law for the sale of cigarettes and cigarette papers; therefore, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the applications be granted and the City Clerk be and he/she is hereby directed to issue a permit to the following named persons and firms to sell cigarette papers and cigarettes: Hawkeye Amusement dba Towncrest Texaco, 2301 Muscatine Ave. It was moved by Roberts and seconded by Vevera that the Resolution as read be adopted, and upon roll call there were: - Balmer Lynch Erdahl AYES: NAYS: x x Neuhauser x Perret x Roberts x Vevera x Passed and approved this 19 80 Attest: "w C ty Clerk ABSENT: 4th day of March , /a/ r RESOLUTION NO. 80-73 RESOLUTION SETTING PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF WASHINGTON STREET BRIDGE DECK REPLACEMENT DIRECTING CITY CLERK TO PUBLISH NOT ICF. OF SAID HEARING, AND IIIRt•'i'P- ING CITY ENGINEER TO PLACE SAID PLANS, ETC., ON FILE FOR PUBLIC INSPECTION. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That a public hearing on the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project is to be held on the 11thday of March , 19 BO , at 7:30 P.M. in the Council Chambers, Civic Center, Iowa City, Iowa. 2. That the City Clerk is hereby authorized and directed to publish notice of the public hearing for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the city, not less than four (4) nor more than twenty (20) days before said hearing. 3. That the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project are hereby ordered placed on filn by the City Engineer in the office of the City Clerk for public inspection. It was moved by Roberts and seconded by Vevern that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: x x _ x x x x x ABSENT: BALMER ERDAHL LYNCH NEUHAUSER PERRET ROBERTS VEVERA Passed and approved this 4th day of March , 1980 ATTEST: _ J 41 -%. U ��%02 I RESOLUTION NO. 80-74 RESOLUTION SETTING PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE IOWA CITY SENIOR CITIZEN CENTER DIRECTING THE CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND TO PLACE SAID PLANS, ETC., ON FILE FOR PUBLIC INSPECTION. BE IT RESOLVED BY THE IOWA CITY (IOWA) CITY COUNCIL: 1. That a public hearing on the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project is to be held on the 18th day of March , 1980, at 7:30 P.M. in the City Council Chambers, Civic Center, 410 E. Washington. 2. That the City Clerk is hereby authorized and directed to publish notice of the public hearing for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the city, not less than four (4) nor more than twenty (20) days before said hearing. 3. That the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project are hereby ordered placed on file in the Office of the City Clerk for public inspection. It was moved by Roberts and seconded by Vevera 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 lith day of March 1980, MAYOR ATTEST: - aTY CLERK Received 1L Approved By The Legal Doparltnonf Resolution No. 80-75 Page 2 a, dedication document conveying a ten (10) foot wide easement for a city -owned water main. b. agreement for construction of a storm water detention basin in accordance with the storm water management ordinance. 2. That the said large scale non-residential development shall conform with all the requirements of the City of Iowa City, Iowa, pertaining to large scale non-residential developments. 3. That the City Clerk ,of the 'City of Iowa City, Iowa, is hereby authorized and directed to certify a copy of this resolution to the Office of the County Recorder of Johnson County, Iowa, after final passage and approval as authorized by law. 4. That Resolution 79-143 is hereby repealed. Passed and approved this 4th day of March 19 80, It was moved by Vevera and seconded by Roberts the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x Erdahl x x Lynch X Neuhauser X Perret X Roberts X Vevera Passed and approved this 4th day of March ., 1980. ZZ/MA —�� 0 ATTEST: C I CITY CLERK itzccivca 8, p,pprovea RH T�'�o Lc9a` qc �0 RESOLUTION NO. 80-75 RESOLUTION APPROVING PRELIMINARY AND FINAL LARGE SCALE NON-RESIDENTIAL DEVELOPMENT FOR OWENS BRUSH COMPANY WHEREAS, the owner, Owens Brush Company, has filed with the City Clerk of Iowa City, Iowa, an application for approval for a large scale non- residential development for the following described premises located in Iowa City, Johnson.County, Iowa, to -wit: Commencing as a point of reference at the intersection of the Easterly line of Section 14, Township 79 North, Range 6 West of the Fifth Principal Meridian, Iowa City, Johnson County, Iowa, and the Southerly right-of-way line of the Chicago, Rock Island, and Pacific Railroad; thence North 63°27'10" West 277.34 feet along said Southerly Railroad right-of-way line to the point of beginning (this is an assumed bearing for purposes of this description only); thence continuing North 63°27'10" West 1362.66 feet along said Southerly railroad right-of-way line to a point; thence South 46°44'10" West 787.31 feet to a point; thence South 44011'20" East 150.00 feet to a point; thence South 46°40'50" West 192.00 feet to a point of intersection with the Northeasterly right-of-way line of Lower Muscatine Road (formerly Wyoming Road); thence South 44°11'20" East 596.07 feet along said Northeasterly right-of-way line to a point; thence North 67004'20" East 1533.09 feet to a point of beginning; subject to easements and restrictions of record, and containing 25.9 acres more or less. ..WHEREAS, said property is owned by the above-named party and no dedications are required; and, WHEREAS, the Department of Planning and Program Development and the Public Works Department have examined the proposed large scale non-residential development and have approved the same; and, WHEREAS, the said large scale non-residential development has been examined by the Planning and Zoning Commission and after due deliberation said Commission has recommended that it be accepted and approved. WHEREAS, said large scale non-residential development is found to conform with requirements of the City ordinances of the City of Iowa City, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: That the said plan filed stamped April 3, 1979, is hereby approved as a large scale non-residential development contingent upon execution of the following formal agreements prior to the issuance of the building permit: /0 RESOLUTION NO. 80-76 RESOLUTION AUTHORIZING THE CITY MANAGER, UNDER THE AUTHORITY PROVIDED BY SECTION 206 OF THE UNIFORM RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION POLICIES ACT OF 1970 (UNIFORM ACT) TO USE SMALL CITIES PROJECT FUNDS, NOT TO EXCEED $10,000 IN EXCESS OF THOSE ALREADY AUTHORIZED UNDER SECTION 203 OF THE UNIFORM ACT, FOR THE TIMELY RELOCATION OF RAYMOND AND NETTIE MAE LOTHRIDGE. WHEREAS, the City of Iowa City has been granted $530,000 for the first year of the Small Cities Comprehensive Grant Program under the Housing and Community Development Act of 1974; and WHEREAS, the first year allocation for the Small Cities Program includes funds for acquisition and relocation; and WHEREAS, the relocation of Raymond and Nettie Mae Lotheridge is necessary for the Small Cities Project to proceed in a timely manner; and WHEREAS, the maximum relocation payment authorized under Section 203 of the Uniform Act to be paid by the City to Raymond and Nettie Mae Lothridge is not sufficient for them to purchase decent, safe and sanitary replacement housing under current market conditions; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the City Manager of Iowa City, under the authority provided by Section 206 of the Uniform Act, is hereby directed to authorize the use of Small Cities Project funds, not to exceed $10,000 in excess of those already authorized under Section 203 of the Uniform Act, to enable the timely relocation of Raymond and Nettie Mae Lothridge. It was moved by Erdahl and seconded by Perret the Resolution 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 4th day of March 1980. ATTEST: CITY CLERK Received I1 Approved B,yy The Legal De artrmnt City of Iowa C Date: Febraury 27, 1980 To: City Council From: ji Jim Hencin, CDBG Program Coordinator Re: Last Resort Replacement Housing for Persons in the Small Cities Area HUD encourages local governments and agencies administering a community development project to take maximum advantage of the authority provided by Section 206 (Last Resort Replacement Housing) of the Uniform Act to use project funds to provide suitable 'replacement housing when needed, as a last resort to enable a project to proceed in a timely manner. Under HUD Uniform Act regulations, no person can be required to move from his/her dwelling, unless he/she has been given a reasonable choice of opportunities to relocate to a comparable replacement dwelling. Comparable replacement dwellings must be decent, safe, and sanitary. A local government can use the flexible authority under Section 206 whenever it is determined that, unless it provides last resort housing, there is reasonable likelihood that the project will not be able to proceed as scheduled, because a comparable replacement dwelling will not be available to persons being displaced. Raymond .and Nettie Lothridge will be eligible for a replacement housing payment of up to $15,000 under Section 203 of the Uniform Act. The appraised value of their property is $21,900. We have established that comparable housing is currently available in Iowa City at prices ranging from $42,000 to $46,000. In order to relocate the Lothridges it will therefore be necessary to provide $5,000-$9,000 in excess of the statutory limits of $15,000 for a replacement housing payment. Prior HUD concurrence in last resort housing projects is not required. bj3/16 /,94 RESOLUTION NO. 80-77 RESOLUTION ADOPTING SUPPLEMENT NUMBER THREE TO THE CODE OF ORDINANCES OF THE CITY OF IOWA CITY, IOWA. WHEREAS, the Municipal Code Corporation has prepared the third supplement to the Code of Ordinances of the City of Iowa City, Iowa, and, WHEREAS, it is deemed appropriate to adopt supplement number three by resolution as a part of the said Code of Ordinances, NOW THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That supplement number three to the Code of Ordinances of the City of Iowa City, Iowa, attached to this Resolution as Exhibit A, and by this reference made a part hereof, is hereby officially adopted as a part of the said Code of Ordinances. 2. That the Mayor is hereby authorized to sign, and the City Clerk to attest, this Resolution. It was moved by Neuhaus , seconded by perree_ that the Resolution as read be a opd ted and upon roll call there were: AYES: NAYS: ABSENT: Balmer X Erdahl X Lynch X Neuhauser X Perret X Roberts X Vevera Passed and approved this 4th day of March2ayor 80. ATTEST: �L C i ty Clerk Roctivecl II, Apricoved Ay tic L(;Dal Ucl,ar1mcn1 City of Iowa City MEMORANDUM Date: February 28, 1980 To: City Council From: Rosemary Vitosh, Director of Finance ]�J Re: Reclassification of Parking Enforcement Attendant Position Recently, cashiers have been hired for the ramp on a temporary basis at $3.50 hourly. We anticipate these positions will become permanent full- time and at that time will be part of the AFSCME bargaining unit in range 1, $4.184 to $5.362 hourly. This is the same range where the Parking Enforcement Attendant position is currently placed.. The cashier is in the ramp, collecting money from users as calculated by a computerized cash register and prepares or assists in preparing daily check out of the register. The Parking Enforcement Attendant must work in all kinds of weather, be knowledgeable of the laws and ordinances and enforce them. Parking Enforcement Attendants also appear in court as required. The number of contacts with irate citizens is directly related to enforcement authority. The Human Relations Department has completed a review of this position and has determined that the Parking Enforcement Attendant and Animal Control Officer job descriptions are relatively equal with the exception of requiring one year experience handling animals for the Animal Control Officer. Both positions require knowledge and enforcement of ordinances and laws which are generally regarded as unpopular, irritating, etc. Neither position equates with sworn law enforcement positions. Animal Control Officers are in range 3 in the pay plan. The review process included examination of other criteria and comparability with other positions. The entire review process supported the need to reclassify the Parking Enforcement Attendant position from range 1 to range 3. The cost of reclassifying eight Parking Enforcement Attendants will be $2,022 for the balance of FY80. Sufficient funds are available in the FY80 budget to cover this amount. One position has been deleted in the FY81 budget. The cost of seven positions in FY81 is estimated at $5,260 due to the reclassification. Our recommendation is to implement the reclassification immediately. We recognize that disparity exists and the issue should be addressed. An alternative would be to approve the reclassification effective July 1, 1980. This alternative would avert the $2,022 cost for the balance of FY81. bj/sp /Df RESOLUTION NO. 80-78 1 RESOLUTION AMENDING THE CLASSIFICATION PLAN FOR CLASSIFIED PERSONNEL BY RECLASSIFYING A POSITION WHEREAS, the City of Iowa City, Iowa employs certain classified personnel, and WHEREAS, it is necessary to amend the FY80 Pay Plan included in Resolution No. 79-297. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA, that Resolution No. 79-297 be amended by: 1. The reclassification of the position of Parking Enforcement Attendant in the Finance Department from Range 1 to Range 3 of the Classified Pay Plan. It was moved by _,Perret and seconded by Neuhauser that the Resolution be adopteesand 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 4th day of March ATTEST: - Ci(ACerk_ 1980. RECEIVED 8 APPROVED RY THE LEGAL DEPARTIOIT ,,/ RESOLUTION NO. 80-79 RESOLUTION AMENDING THE CLASSIFICATION PLAN FOR CLASSIFIED PERSONNEL BY DELETING A POSITION AND ADDING A POSITION. WHEREAS, the City of Iowa City, Iowa, employs certain classified personnel, and WHEREAS, it is necessary to amend the FY8O budget included in Resolution No. 79-98. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT Resolution No. 79-98 be amended by: 1. The deletion of one five-eighths (5/8) time Planner/Program Analyst II position in the Department of Planning and Program Development, Community Development Block Grant Division, at Range 13 of the Classified Pay Plan. 2. The addition of one three-fourths (3/4) time Planner/Program Analyst II in the same department and division and at the same range of the Classified Pay Plan. It was moved by Erdahl 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 4th day of March 1980. hl YOR ATTEST: CITY CLERK., Received 8. Approved By The Legal Department 4!2E_2 - 2g-8'0 1d/ City Of Iowa C tern ' s Date: February 28, 1980 To: city Manage nd City Council From: Don Schmeis cting Director of Planning and Program Develop- ment and Jim ncin, CDBG Program Coordinator Re: Marianne Milkman, Planner/Program Analyst II Marianne Milkman was recently assigned lead planner for the Small Cities CDBG project. This assignment was necessitated by the departure of Mike Flaherty who previously headed up that project. Marianne's broad experience with the CDBG program, as well as her familiarity with the Small Cities project in particular, made her a logical, desirable choice for this assignment. In the past, Marianne has frequently worked more than her budgeted 25 hours per week (5/8 time), without receiving the full benefits of those additional hours. We have found that the demands of the Small Cities project requires someone to devote a minimum of 30 hours per week to carry it out. In order to fully benefit from working a 30 hour work week, we are recommending that Marianne's position be made three-fourths time. We recommend Council's approval of the resolution to accomplish change. It should be noted that Marianne's same, and that her position will Community Development Block Grant. bdw4/3 0 pay range and step will remain the continue to be funded through the /40 f 11E.SOId1PION NO. 8 0 — 8 0 IIESOLVPION ACCEPTING ALLEY IMPROVEMENT PROJECT BLOCKS 28 AND 29 O.T. WHEREAS, the Engineering Department has certified that the following improvements have been completed in accordance with plana and specifications of the City of Iowa City, Paving and storm sewer for Alley Improvement Project - Block 28 and 29 O.T. 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, NOW THEREFORE BE IT RESOLVED by the City Council of Iowa City, Iowa, that said improvenents be accepted by the City of Iowa City. It was moved by Roberts and seconded by L nch that the Resolution as�beeiER;pte , and upon roll callere were: AYES: NAYS: ABSENT: BALMER x ERDAHL x LYNCH x NEUHAUSER x PERRET x ROBERTS x VEVERA x passed and approved this 4th day of March o 19 80 t yor - ATTEST: OZZL Roc: rvod & Ppprnvnd City Clerk qy Tito 2-2,F-flv�/40 CITY OF IOWA CITY CIVIC CENTER 410 E, WASHINGTON ST. IOWA CITY IOWA 52240 (319) 354.1800 N ENGINEER'S REPORT February 28, 1980 Honorable Mayor and City Council Iowa City Iowa Dear Honorable Mayor and Councilpersons: 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 City. The required maintenance bond is on file in the City Clerk's office. Paving and storm sewer for Alley Improvement Project - Block 28 and 29 O.T. as constructed by Metro Pavers, Inc. of Iowa City, Iowa. I hereby recommend that the above mentioned improvements be accepted by the City of Iowa City. Respectfully submitted, Eugene A. Dietz, P.E. City Engineer bdw4/2 //e RESOLUTION NO. 80-81 A RESOLUTION AUTHORIZING THE MAYOR TO CONVEY THE VACATED PORTION OF SAND ROAD IN IOWA CITY, IOWA TO DAVID BRAVERMAN WHEREAS, The City of Iowa City held a public hearing on February 26, 1980, regarding the proposed disposition of the vacated portion of Sand Road, more particularly described in Exhibit A and by this reference made a part hereof, and WHEREAS, the City shall acquire a portion of the Country Kitchen parking lot by condemnation in furtherance of the FAUS Gilbert Street Project, and WHEREAS, the conveyance of the vacated portion of Sand Road, to David Braverman, the owner of the Country Kitchen property, as part of the condemnation settlement, would lessen the damages suffered by the property owner as a result of the FAUS Gilbert Street Project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY that the Mayor and City Clerk are hereby authorized to convey the property described in Exhibit A to David Braverman as a part of the condemnation settlement. It was moved by Neuhauser and seconded by Erdahl 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 4th day of March 1980. iA R ATTEST: /ti rJ 2 CITY CLERK � 7d)G Tai' Lt,GA7. �. :T IX111BIi A All that part of the Sand Road right of way as follows: Commencing at the northeast corner of Government Lot 4 in Section 15, Township 79 North, Range 6 West of the Fifth P.M.; thence S 43007'05"W, 31.7.10 feet to the point of beginning, said point being located at the centorline of Sand Road and 60.00 feet southwesterly from the r,nLerl ine of Highway 6 By -Pass; thence S 10°58' 34" E, /5.00 feet pdrallel to the centerline of Highway 6 By -Pass; thence S 11033' 00" W, 70.60 feet to the highway right-of-way, said point being 130.00 feet southwesterly from the centerline of Highway 6 By - Pass; thence N 10°58' 34" W, 21.32 feet to the centerline of Sand Road; thence N 22°54' 00" W, 94.08 feet to the point of beginning. Said tract contains 3371 square feet, more or less. Also subject to a permanent easement over the entire tract. and in addition, Commencing at the northeast corner of Government Lot 4 in Section 15, Township 79 North, Range 6 West of the fifth p.m.; thence S43°07'05"W, 317.10 feet to the point of beginning, said point being located at the centerline of Sand Road and 60.00 feet southwesterly from the centerline of Highway 6 By -Pass; thence S22°54'00"E 108.73 feet; thence S67°06'00"W 55.00 feet; thence northeasterly 23.56 foot along a 15 foot radius curve concave northwesterly and whose 21.21 foot chord bears N22°06'00"E; thence N22°54'00"W 121.11 foot to the northeast corner of lot 1, Part 1, Southgate_ Addition to the City of Iowa City, Iowa; thence S/8°2.7'00"E 48.51 feet to the point of beginning. Said tract contains 4946 square feet more or less. IOWA STATE BAR ASSOCIATION Official Form No. 1.1 WARRANTY DEED FOR THE LEGAL ERKT OF TME ULB Of THIS FORM. CONSULT YOUR LAWYER RI1ow 2111 by T1)f5f Vrf3flit5: That the Ci of Iowa City, a municipal corporation in consideration* of the sum of . one c)llar in hand paid do hereby Convey unto D3V1d�rdVr'^^'^ Grantees' Address: ___ 334_HutchinSC ICwa rityr Iowa the following described real estate, situated in Johnson ---County, Iowa, to -wit: Commencing at the northeast corner of Government Lot 4 in Section 15, Township 79 North, Range 6 West of the Fifth P.M.; thence S 43°07105"W, 317.10 feet to the point of beginning, said point being located at the centerline of Sand Road and 60.00 feet southwesterly from the oenterline of Highway 6 By -Pass; thence S 70058' 34" E, 75.00 feet parallel to the centerline of Highway 6 By -Pass; thence S 11°33' 00" W, 70.60 feet to the highway right-of-way, said point being 130.00 feet southwesterly fran the centerline of Highway 6 By -Pass; thence N 70°58' 34" W, 21.32 feet to the center of Sand Road; thence N 22°54' 00" W, 94.08 feet to the point of beginning. Said tract Contains 3371 square feet, more or less. Also subject to a permanent easement over the entire tract. and in addition, Commencing at the northeast corner of Government Lot 4 in Section 15, Township 79 North, Range 6 West of the fifth p.m.; thence S43a07'05"W, 317.10 feet to the point of beginning, said point being located at the oenterline of Sand Road and 60.00 feet southwesterly fran the oenterline of Highway 6 By -Pass; thence S22a54100"E 108.73 feet; thence S67006100"W 55.00 feet; thence northeasterly 23.56 feet along a 15 foot radius curve concave northwesterly and whose 21.21 foot chord bears N22°06'00"E; thence N22054'00"W 121.17 feet to the northeast corner of Lot 1, Part 1, Southgate Addition to the City of Iowa City, Iowa; thence S78a27'00"E 48.51 feet to the point of beginning. Said tract contains 4946 square feet more or less. And the grantors do Hereby Covenant with the said grantees, and successors in interest, that said grantors hold said real estate by title in fee simple; that they have good and lawful authority to sell and convey the same; that said premises are Free and Clear of all Liens and Encumbrances Whatsoever except as may be above stated; and said grantors Covenant to Warrant and Defend the said premises against the lawful claims of all persons whomsoever, except as may be above stated. Each of the undersigned hereby relinquishes all rights of dower, homestead and distributive share in and to the described premises. Words and phrases herein including acknowledgment hereof shall be construed as in the singular or plural number, and as masculine or laminins gender, according to the context. Signed this 4th day of M&rrh ,19 90 nal rm" T, ... I., T..: Nr Orn. Coe., rare, cn.our .mann STATE OF IOWA, 11 la or John Balmer —) COUNTY OF Johnson i1 ss. _ At tact• a .LY On this 4th day of March 19 80 before City Clerk Abbie Stolfus me, the undersigned, a Notary Public in and for said County and State, personally appeared Mayor John Balmer and City Clerk Abbie Stolfus 410 E. Washington St., Iowa City, Iowa (Granton' address) to me known to be the identical persons named in and who executed the foregoing instrument, and acknowledged that they axecul samn es their valunlary a d deCedyL ............ .......... .............. ...... ................ ...._... Notary Public 1 for said County and State //3 1.1 WARRANTY DIED Mme a.. Me, seer x.eee boss. ,ewe STATE OF_�_ On the _—day of— for f for said County arorsaid State, personally appeared —_ :OUNTY, ss: 19, befc me, the undersigned, a Notary Public in and to me known to be the identical persons named in and who executed the foregoing instrument, and acknowledged that they executed the same as their voluntary act and deed. Notary Public in and for said County and said State STATE OF COUNTY, ss: On this —day of , 19—, before me, the undersigned, a Notary Public in and for said County and said State, personally appeared -R O to me known to be the identical persons named in and who executed the foregoing instrument, and acknowledged that they executed the some as their voluntary act and deed. Notary Public in and for said County and said State m C p o ° •c- O O O L m .0 O q J o v U q q C q O w x m ,LL w E O c U O 0Q O T V a q vv O G q v ,° < _v c c O° W 11 O 1 U m o m m° o W m C RESOLUTION NO. 80-82 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: Lucky Stores, Inc. dba Eagle Discount Supermarket 11157, 600 N. Dodge St. 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 Roberts and seconded by Perret that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Balmer x Lynch Erdahl Neuhauser x x x Perret x Roberts x Vevera x Passed and approved this 11th day of March , 19 80 . jl- Attest:, _ City Clerk RESOLUTION NO. 80-83 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: Lucky Stores, Inc. dba Eagle Discount Supermarket 11220, and May's Drug Store 11198, 1101 S. Riverside Dr. 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 Roberts and seconded by Perret that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: lmer Y Lynch x Erdahl x Neuhauser x Perret x Roberts x Vevera x Passed and approved this 11th day of March , 19 80 . r 1 _ Attest: lLd"-t� City Clerk //S LESOLUTION NO. 80-84 RESOLUTION APPROVING CLASS c LIQUOR CONTROL LICENSE APPLTUI= BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class c Liquor Control License application is hereby approva37or the following named person or persons at the following described location: Sheep's Head Limited dba Sheep's Head Cafe, 209 N. Linn Said approval shall be subject to any conditions or re- strictions hereafter imposed by ordinance or State law. The City Clerk shall cause a recommendation for approval to he endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond, sketch of the premises and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by Roberts and seconded by Perret that the Resolution as read -be adopted, and upon roZI—ca1T there were: AYES: NAYS: ABSENT: Balmer x Lynch x Erdahl x Neuhauser x Perret x Roberts x Vevera x Passed and approved this 11th day of March 1980 Attest: Oa, - City Clerk //4 RESOLUTION NO. 80-85 RESOLUTION APPROVING FINAL PLATOFB IVISION OF PART THREE AND THE STORMWATER MANAGEMENT STORAGE AREA MACBRIDE ADDITION, AN ADDITION TO THE CITY OF IOWA CITY, IOWA WHEREAS, the owner and proprietor, Macbride Addition, Inc. has filed with the City Clerk of Iowa City, Iowa a plat and subdivision of the following described premises located in Johnson County, Iowa, to -wit: and, Le a1 Description for the P art T F Iree: ed MacBride Commencing at the Center of Section 17, Township 79 North, Range 6 West of the Fifth Principal Meridian; Thence N 00°53'13" E, 35.00 feet to the Point of Beginning: Thence N 89°40'21" W, 651.18 feet along the Northerly Right -of -Way line of West Benton Street; Thence N 01°44'23" E, 376.96 feet; Thence S 85°22'59" E, 151.36 feet; Thence Northeasterly 64.62 feet along an 925.00 foot radius curve, concave Southeasterly, whose 64.60 foot chord bears N 06°37'05" E; Thence S 81°22'50" E, 154.45 feet; Thence S 84°58'44" E, 335.87 feet; Thence S 00°53'13" W, 380.00 feet to the Point of Beginning. Said Tract- of Land containing 5.870 acres. e al Description of the torage Area and Propose )sed Stormwater Mi i Park Dedication Commencing at the Center of Section 17, Township 79 North, Range 6 West of the Fifth Principal Meridian; Thence N 00°53'13" E, 815.00 feet to the Point of Beginning; Thence N 89°06'47" W, 55.00 feet; Thence S 37°25'39" W, 160.56 feet; Thence Southwesterly, 38.02 feet along a 53.00 foot radius curve, concave Southeasterly, whose 37.21 foot chord bears S 86°07'15" W; Thence Northwesterly, 50.97 feet along a 236.22 foot radius curve, concave Southwesterly, whose 50.87 foot chord bears N 58°45'14" W; Thence N 64°56'07" W, 120.00 feet; Thence N 25°03'53" E, 23.91 feet; Thence Northwesterly, 86.33 feet along a 100.00 foot radius curve, concave Southwesterly, whose 83.67 foot chord bears N 00°20'02" E; Thence N 65°36'10" E, 135.00 feet; Thence N 28°04157" W, 196.26 feet to a point on the Southerly line of Part Two MacBride Addition, Iowa City, Iowa; Thence S 62°06'52" E, 342.35 feet along said Southerly line; Thence S 00053'13" W, 122.20 feet to the Point of Beginning. Said tract of Land containing 1.750 acres. WHEREAS, said property is owned by the above-named owner, and the dedication as required by the ordinances of the City of Iowa City, Iowa have been made with the free consent and in accordance with the desires of said owner; and, WHEREAS, said plat and subdivision is found to conform with Chapter 409 of the 1977 Code of Iowa and all other statutory requirements, and has been approved by the Planning and Zoning Commission of Iowa City. 117 -2- NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL' OF IOWA CITY, IOWA, that said plat and subdivision of Part Three and the Stormwater Management Storage Area, Macbride Addition located on the above described property be and the same as hereby approved, and the dedication of the streets, sidewalks and stormwater management storage area as by law provided is hereby accepted. BE IT FURTHER RESOLVED that said proposed Stormwater Management Storage Area and proposed City Park dedication is also approved for Part Four, Macbride Addition, for which preliminary plat has already been approved. BE IT FURTHER RESOLVED that the City Clerk of Iowa City is hereby authorized and directed to certify a copy of this Resolution to the County Recorder of Johnson County, Iowa. Passed this 11th day of ---.,March �, 1980. — �-d6tin Ba .mer, mayor City of Iowa City, Iowa Attest: Abbie Stoltus, p3ity C'er City of Iowa City, Iowa CERTIFICATE STATE OF IOWA, COUNTY OF JOHNSON: ss I, Abbie Stolfus, City Clerk of Iowa City, Iowa do hereby certify that the above and foregoing is a true and exact copy of a resolution adopted by the City Council of Iowa City, Iowa, at a regular meeting held on the 11th day of March 1980, all as the same appears of record in my office. Dated at Iowa City, Iowa, this 12th day of March , MAR 4190 (,jy A ie to us, UltyZGierk City of Iowa City, Iowa Ila Page 3 Resolution No. 80-85 It was moved by Vevera and seconded by -- Lynch that the Resolution as res e a op ®c, and upon roll ca there were: AYES: NAYS: ABSENT: x Balmer x Erdahl x Lynch i x Neuhauser x Perret x Roberts x Vevera Passed and approved this 11th day of March , 19 80-' �% MAYOR ATTEST:_�[L2� L` CITY CLE H ;l• AGREEMENT THIS AGREEMENT made by and between Macbride Addition, Inc., the owners and subdividers hereinafter called the "Subdivider" and the City of Iowa City, Iowa, a municipal corporation hereinafter called the "City"; WITNESSETH: SECTION 1. CONSIDERATION AND COVENANT. In consideration of the City approving the proposed sub- division, a subdivision of property covered, the Subdivider agrees as a covenant running with the land that the City shall not issue any building permit on any lots in said subdivision unless and until sanitary sewers, storm sewers, stormwater management facility, water mains, portland cement concrete paving with portland cement concrete curb and gutter serving any lot on which a building permit has been requested, have been installed in front of or abutting such lot, as required by the City of Iowa City, Iowa, under its subdivision ordinance. SECTION 2. CONSTRUCTION OF IMPROVEMENTS. All such improvements as stated in Section 1 of this Agreement shall be constructed and installed by the subdivider according to the plans and specifications of the City of Iowa City, Iowa, with inspections by the City Engineer or designate. Said inspections shall consist of occasional inspection of the work in progress, but shall not relieve or release the subdivider from its respon- sibility to construct said improvements pursuant to said plans and specifications. SECTION 3. SIDEWALKS. The subdivider agrees that it will, within one year from the date a house is constructed.on any lot, install a sidewalk upon the streets abutting said lot, which sidewalk shall be at least four (4) feet wide and constructed according to the plans and specifications of the City, and under the direction of the City Engineer and designate as specified in Section 2. SECTION 4. PROPERTY COVERED, The property covered by this Agreement is described as follows: Legal Description for the Proposed MacBride Addition Part TE ree: Commencing at the Center of Section 17, Township 79 North, Range 6 West of the Fifth Principal Meridian; Thence N 00°53113" E, 35.00 feet to the Point of Beginning: Thence N 89°40'21" W, 651.18 feet along the Northerly Right -of -Way line of West Benton Street; Thence N O1044'23" E, 376.96 feet; Thence S 85°22'59" E, 151.36 feet; Thence Northeasterly 64.62 feet along an 925.00 foot radius curve, concave Southeasterly, whose 64.60 foot chord bears N 06°37'05" E; Thence S 81°22'50" E, 154.45 feet; Thence S 84°58'44" E, 335.87 feet; Thence S 00°53'13" W, 380.00 feet to the Point of Beginning. Said Tract of Land containing 5.870 acres. Leal Description of the Pro osed Stormwater Management Storage Area an PrOD�1tV Par Dedication: Commencing at the Center of Section 17, Township 79 North, Range 6 West of the Fifth Principal Meridian; Thence N 00°53'13" E, 815.00 feet to the Point of Beginning; Thence N 89006'47" W, 55.00 feet; Thence S 37°25'39" W, 160.56 //f -2 - feet; Thence Southwesterly, 38.02 feet along a 53.00 foot radius curve, concave Southeasterly, whose 37.21 foot chord bears S 86°07'15" W; Thence Northwesterly, 50.97 feet along a 236.22 foot radius curve, concave Southwesterly, whose 50.87 foot chord bears N 58°45'14" W; Thence N 64°56'07" W, 120.00 feet; Thence N 25°03'53" E, 23.91 feet; Thence Northwesterly, 86.33 feet along a 100.00 foot radius curve, concave Southwesterly, whose 83.67 foot chord bears N 00°20'02" E; Thence N 65°36'10" E, 135.00 feet; Thence N 28°04'57" W, 196.26 feet to a point on the Southerly line of Part Two MacBride Addition, Iowa City, Iowa; Thence S 62°06'52" E, 342.35 feet along said Southerly line; Thence S 00°53'13" W, 122.20 feet to the Point of Beginning. Said tract of Land containing 1.750 acres. SECTION 5. BUILDING PERMIT AND ESCROW MONIES. It is further provided, however, that in the event the Subdivider, its assigns or successors in interest, should desire a building permit on any lot in said subdivision for which pave- ment, water mains, storm sewers , stormwater management facility, or sanitary sewers are not installed, the Subdivider, its assigns or successors in interest, shall deposit with the City Clerk in escrow an amount equal to the cost of said improvements plus 10 percent thereof as determined by the City Engineer's Office. When said funds are deposited, then in that event, the City Building Inspector shall issue a building permit provided the applicant complies with all other requirements and ordinances of the City. SECTION 6. OCCUPANCY PERMIT. Prior to the issuance of an occupancy permit for any building erected pursuant to Section 4, the City in its discretion may require the Subdivider, its assigns or successors in interest, to construct or install such improvements as stated in Section 1. SECTION 7. USE OF ESCROW MONIES. If, after the issuance of an occupancy permit, the improvements as stated in Section 1 have not been constructed and installed, the City may use any funds deposited in escrow to construct and install such improvements. Should the cost of construction and installation of said improvements exceed the amount of said escrow, the City shall have a lien and charge against all lots abutting or in front of which said improvements are made. The City shall refund to the depositor any escrow monies not used by the City after the construction and installation of such improvements. SECTION 8. WAIVER. In the event the Subdivider, its assigns or successors in interest, should sell or convey lots in said subdivision without having had constructed or installed the pavement, water mains, storm sewers, stormwater management facility or sanitary sewers; or if the Subdivider, its assigns or successors in interest or the owners of the lots in said subdivision should fail to construct sidewalks, the City shall have the right to install and construct said improvements and the costs of said improvements shall be a lien and charge against all the lots abutting or in front of which improvements are made and any lots which may be assessed for improvements under the provision of Chapter 384 of the Code of Iowa. // f -3- The cost of such improvements need not meet the requirements of notice, benefit or value as provided by law of the State of Iowa for assessing such improvements. It is further provided that this requirement to so construct said improvements is and shall remain a lien until properly released as hereinafter provided. The City agrees when such improvements have been installed to the satisfaction of the City it will immediately file in the Office of the County REcorder of Johnson County, Iowa, a good and sufficient release to various lots in said subdivision so that this Agreement will not constitute a cloud upon the title of the lots in said subdivision. SECTION 9. STREET MAINTENANCE. It is further provided that the Subdivider and its assigns and successors in interest agree that the public services including but not limited to street maintenance, snow removal, rubbish and garbage collection need not be extended in said subdivision until the pavement is installed and accepted by the City. Dated this 12th day of March , 1980, at Iowa City, Iowa. CIX OF IOWA CITY, IOWA B �mer_��. or , ayor ByA[ r b iT e Stousl s, CitGere IN CITY �DIT� N, I Mi e iiier, Secretary SUBDIVIDER MAR 4 mPn ABBIE STOU:11S CITY CLERK (i) 14 -4 - STATE OF IOWA, COUNTY OF JOHNSON: ss On this I.->q' .->qday of-- &,-e_--< , 1980, before me, the undersigned, -a Notary Public in an or said County, in said State, personally appeared -John Balmer and Abbie Stolfus, to me personally known, who, being by me duly sworn did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said municipal corporation; that said instrument was signed and sealed on behalf of said municipal corporation by authority of its City Council; and that the said John Balmer and Abbie Stolfus acknowledged the execution of said instrument bo be the voluntary act and deed of said municipal corporation, by it and by them voluntarily executed. �K- to ry Public J STATE OF IOWA, COUNTY OF JOHNSON: •ss On this _3_ day of -980, before me, the undersigned, a Notary Public iti and tor said County, in said State, personally appeared Lyle W. Miller, to me personally known, who, being by me duly sworn did say that he is the President and Secretary, of said corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said corporation; that said instrument was signed and sealed on behalf of said corporation by authority of its Board of Directiors; and that the said Lyle W. Miller acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed.. c� /of5 tary-Public' — MAR 4190.0 ABBIE ST(LF(IS,'� FlU CITY CLERK (3) 11f RESOLUTION NO. 80-8 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE WASHINGTON STREET BRIDGE DECK REPLACEMENT ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECT- ING CITY CLERK TO PUBLISH NOTICE TO BIDDERS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. WHEREAS, notice of public hearing on the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project was published as required by law, and the hearing thereon held. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the plane, specifications, form of contract, and estimate of cost for the construction of the above-named project are hereby approved. 2. That the amount of bid security to accompany each bid for the construction of the above-named project shall be in the amount of $13,000.00 payable to Treasurer, City of Iowa City, Iowa. 3. That the City Clerk is hereby authorized and directed to publish notice for the receipt of bide for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the city not less than four (4) nor more than twenty (20) days before the date established for the receipt of bide. 4. That bids for the construction of the above-named project are to be received by the City of Iowa City, Iowa, at the Office of the City Clerk, at the Civic Center, until 10:00 A.M. on the 8th day of April , 198Q_. Thereafter, the bids will be opened by the—City Engineer or his designee and thereupon referred to the Council of the City of Iowa City, Iowa, for action upon said bide at its next meeting to be held at the Council Chambers, Civic Center, Iowa City, Iowa, at 7:30 P.M. on the 15th day of April , 1980 . Received & Approved By T e Legal Department - 3 � i/ 9 Page 2 Resolution No. 80-86 It was moved by Perret and seconded by Roberts that the Resolution as rea e a Topte , and upon roll ca t ere were: AYES: NAYS: ABSENT: x BALMER x ERDAHL x LYNCH x NEUHAUSER x PERRET x ROBERTS x VEVERA Passed and'approved this 11th day of March 1980• p —4��MA�YOR /a o RESOLUTION NO. 80-87 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF SOUTH BRANCH DETENTION STRUCTURE — ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECT- ING CITY CLERK TO PUBLISH NOTICE TO BIDDERS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. WHEREAS, notice of public hearing on the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project was published as required by law, and the hearing thereon held. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project are hereby approved. 2. That the amount of bid security to accompany each bid for the construction of the above-named project shall be in the amount of 5% of price payable to Treasurer, City of Iowa City, Iowa. 3. That the City Clerk is hereby authorized and directed to publish notice for the receipt of bide for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the city not less than four (4) nor more than twenty (20) days before the date established for the receipt of bids. 4. That bids for the construction of the above-named project are to be received by the City of Iowa City, Iowa, at the office of the City Clerk, at the Civic Center, until 10:00 A.M. on the 10th day of April , 19$¢ Thereafter, the bids will be opened by the City Engineer or Director of Public Works , and thereupon referred to the Council of the City of Iowa City, Iowa, for action upon said bids at its next meeting to be held at the Council Chambers, Civic Center, Iowa City, Iowa, at 7:30 P.M. on the 15th day of April , 19 80 . Rernn,nd & Approved Ey T(a'! lsUa) D_,partment -3 6 rO Page 2 Resolution No. 80-87 It was moved by Neuhauser and seconded by that the Resolution as read e adopted, and upon roll call there were: AYES: NAYS: ABSENT: x BALMER x ERDAHL x LYNCH x NEUHAUSER x PERRET .x ROBERTS VEVERA x Passed and approved this 11th day of March 1980• ATTEST: rw/—��- 2?��L CITY CLERK //?Vz- No.__ UNITED STATES OF AMERICA STATE OF IOWA CITY OF IOWA CITY $ 59,357.18 1979 BDI SECOND ADDITION IMPROVEMENTS CONSTRUCTION WARRANT This ingtrument is evidence that the City of Iowa City, Iowa, hereby promises to pay to Parkview Co. of Iowa City , its successors or assigns, the sum o 59,357.18 , with interest thereon at the rate of seven percent (78) per annum, until called for payment. Interest shall commence if this warrant is not paid upon presentation hereof. This Warrant is drawn on and payable solely from the 1979 BDI Second Addition Improvements Construction Fund, or any fund from which payment for such work may be made. This instrument is one of a series of similar instruments given in payment for street and sewer improvements designated as the 1979 BDI Second Addition Improvements, of said City, being constructed under contract dated June 15 , 19 79, and issued under authority of Section 384.57 of ttCity Code of Iowa. The City of Iowa City reserves the right to prepay the amount represented hereby at any time with accrued interest to the date of such payment. Both principal and interest of this Warrant are payable at the office of the City Treasurer or Financial Officer of the City of Iowa City, State of Iowa. IN WITNESS WHEREOF, the City of Iowa City has caused this instrument to be executed by its Mayor, and attested by its Clerk, with the seal of said City affixed as of the 1 day Of Marrh 19 80 i CI Y OF IOWA CITY IOWA SEAL) 'i MITTS T: yor Clerk This instrument p esented and not paid for want of funds this IA4 day of 19. City Treaqbrer AHLERE. COONEY. DORWEILER, HAYNIE • SMITH. LAWYER■, DEE MOINES, IOWA f �l ASSIGNMENT The attached Construction Warrant in the amount of $ is hereby assigned to , inn cons�.deration of receipt by the undersigned from said assignee of the sum of $ Dated this day of , 19 (Insert name of company or engineer or other person entitled to the temporary obligation and be certain that the assignment is properly executed by the officials of the respective company, engineer, or other person so entitled thereto.) AHLERS, COONEY. DORWEILER, HAYNIE S SMITH. LAWYERS, DEB MOINES, IOWA /a-3 Council Member Roberts introduced the following Resolution entitled 'RATION DIRECTING THE DELIVERY'OF CONSTRUCTION WARRANTS IN PAYMENT OF CONTRACT", and moved its adoption. Council Member Vevera seconded the motion to adopt. The roll was called and the vote was, AYES: Perret, Roberts, Vevera, Balmer L� ch,_Neuhauser Erdahl absent from room. NAYS: None Whereupon, the Mayor declared the following Resolution duly adopted: 80-88 RESOLUTION DIRECTING THE DELIVERY OF CONSTRUCTION WARRANTS IN PAYMENT OF CONTRACT WHEREAS, the Council of the City of Iowa City, Iowa, heretofore entered into contract for the construction of the 1979 BDI Second Addition Improvements, and in said contract provided that payment to the contractor or contractors, and others, would be made at the option of the City by the delivery of Construction Warrants issued pursuant to Section 384.57 the City Code of Iowa, bearing interest at seven percent (7%) per annum; and WHEREAS, the following balances are owing in connection with the construction of said public improvements above referred to, and have been duly approved by the Project engineer with provisions for retaining not less than ten percent (10%) thereof, as required by Chapter 573, Code of Iowa, 1979, as amended, to -wit: TO: -2- AHLERS, GOONEY, DORWEILER. HAYNIE B SMITH. LAWYERS, DEB MOINES, IOWA /d-3 and WHEREAS, the above firm or firms are now entitled to payment for said sums owing: NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CPTY, IOWA: That the Mayor and Clerk are authorized and directed to execute and deliver to said above contractor or contractors, and others, Construction Warrants drawn on the 1979 BDI Second Addition Improvements Construction Fund, as follows: CONSTRUCTION WARRANT NO. TO DATE AMOUNT 09 Parkview Co. 03/01/80 $59,357.18 -3- AHLERS. COONEY. DORWEILER. HAYNIE b SMITH. LAWYERS. DES MOINES, IOWA PASSED AND APPROVED, this 11th day of March , 19 80. --- _ ATTEST: ' I k4 v-, C erk (SEAL) -4- AHLERS, COONEY. DORWEILER. HAYNIE&SMITH, LAWYERS, DES MOINES. IOWA RESOLUTION NO. 80-89 . rl A RESOLUTION SETTING PARKING RATES FOR THE IOWA CITY PARKING SYSTEM. WHEREAS, Chapter 23, Division 3, Code of Iowa City, establishes provisions for parking meter zones and parking lots, and WHEREAS, two multi-level parking facilities are being constructed with the proceeds from a Parking Revenue Bond Issue, and WHEREAS, there is sufficient space available in the parking facility to allow for monthly permit parking. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, THAT: Effective March 12, 1980, the parking rate for monthly parking permits in ramp A and ramp B will be as follows: $75 for a three month permit $27.50 for a one month permit 2. When, and if, short term parking demand in the the ramps is such that monthly permit parking must be removed from the parking ramps, permit holders will be given thirty (30) days notice before cancellation of permit parking. 3. Effective July 1, 1980, parking rates for all permit lots in the central business district will be increased to $20 per month. It was moved by Vevera and seconded by Roberts 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 11th day of March 1980. A OR ATTEST: 4Lc CITY CLERK Facoiveci u A.;.;n•ovod r!y/Lc�yal L�— loq S e J X RESOLUTION NO." 80-90 C RESOLUTION AUTHORIZING AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE IOWA CITY LIBRARY BOARD OF TRUSTEES AND THE AMERICAN FEDERATION OF STATE, COUNTY, AND MUNICIPAL EMPLOYEES, LOCAL #183, AFL-CIO, TO BE EFFECTIVE JULY 1, 1980 THROUGH JUNE 30, 1981. WHEREAS, the City of Iowa City, Iowa (hereinafter the City), and the Iowa City Library Board of Trustees and the American Federation of State, County, and Municipal Employees, Local #183, AFL-CIO (hereinafter the Union), through their designated bargaining representatives, have negotiated a tentative collective bargaining agreement to be effective July 1, 1980 through June 30, 1981, a copy of which Agreement is attached to this resolution as "Exhibit A" and by this reference made a part hereof, and WHEREAS, the City desires to approve the Agreement, finding that it will promote efficient municipal operations, thereby providing residents of the community with municipal services; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT 1. The above -referenced Agreement between the City and the Union is hereby approved by the City. 2. The Mayor is hereby authorized and directed to sign, and the City Clerk to attest, the Agreement. It was moved by Neuhauser and seconded by Crdahl that the resolution as read eadopted, 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 llthday of March 1980. ATTEST: CITY CLERK pr,Es�r�r+.i R, Aapraved AGREEMENT BETWEEN THE CITY OF IOWA CITY THE IOWA CITY LIBRARY BOARD OF TRUSTEES THE AMERICAN FEDERATION OF STATE, COUNTY, AND MUNICIPAL EMPLOYEES, LOCAL 183, AFL-CIO /9r6 JULY 1, 44-�8 THROUGH i9P/ JUNE 30,-198& /r_L A2c TABLE OF CONTENTS PREAMBLE . . . . . . . . . . . . . . . . . . . . . . . . . . ARTICLE I - RECOGNITION . . . . . . . . . . . . . . . . . . ARTICLE II - MANAGEMENT RIGHTS . . . . . . . . . . . . . . . ARTICLE III - NO STRIKE --NO LOCKOUT . . . . . . . . . . . . ARTICLE IV - BULLETIN BOARDS . . . . . . . . . . . . . . . . ARTICLE V - BUSINESS AGENTS . . . . . . . . . . . . . . . . ARTICLE VI - DUES CHECK OFF . . . . . . . . . . . . . . . . ARTICLE VII - HOURS OF WORK . . . . . . . . . . . . . . . . ARTICLE VIII - OVERTIME . . . . . . . . . . . . . . . . . . ARTICLE IX - HOLIDAYS . . . . . . . . . . . . . . . . . . . ARTICLE X - VACATIONS . . . . . . . . . . . . . . . . . . . ARTICLE XI - SICK LEAVE . . . . . . . . . . . . . . . . . . ARTICLE XII - SPECIAL LEAVES . . . . . . . . . . . . . . . . ARTICLE XIII - SENIORITY . . . . . . . . . . . . . . . . . . ARTICLE XIV - DISCIPLINE . . . . . . . . . . . . . . . . . . ARTICLE XV - INSURANCE . . . . . . . . . . . . . . . . . . . ARTICLE XVI - SAFETY . . . . . . . . . . . . . . . . . . . . ARTICLE XVII - PERSONNEL TRANSACTIONS . . . . . . . . . . . ARTICLE XVIII - CLOTHING AND EQUIPMENT. . . . . . . . . . . ARTICLE XIX - RECOVERY AND REHABILITATION PROGRAM . . . . . ARTICLE XX - GRIEVANCE PROCEDURE . . . . . . . . . . . . . . ARTICLE XXI - PAY PLAN . . . . . . . . . . . . . . . . . . . ARTICLE XXII - AUTHORIZED REPRESENTATION, ENTIRE AGREEMENT, AND WAIVER. . . . . . . . . . . . ARTICLE XXIII - GENERAL CONDITIONS . . . . . . . . . . . . . ARTICLE XXIV - DURATION OF AGREEMENT. . . . . . . . . . . . ARTICLE XXV - SAVINGS CLAUSE . . . . . . . . . . . . . . . . CLASSIFICATION PLAN . . . . . . . . . . . . . . . . . . . . 1 Page 2 3 3 4 4 4 5 5 8 11 13 13 15 18 21 21 22 22 23 23 24 26 27 27 28 28 29 is AGREEMENT OF THE CITY OF IOWA CITY and THE IOWA CITY LIBRARY BOARD OF TRUSTEES WITH JOHNSON COUNTY AREA PUBLIC EMPLOYEES, AFSCME, LOCAL # 183 PREAMBLE This Agreement is executed by the CITY OF IOWA CITY, Iowa, and the Iowa City Library Board of Trustees, and the Johnson County Area Public Employees, AFSCME, Local # 183. Unless otherwise stated the word "City" will refer to the City and to the Library Board and the employee organi- zation will be called "Union". Throughout this Agreement members of the bargaining unit are referred to as "employees". It is the purpose of this Agreement to promote and ensure harmonious cooperation and understanding between the City and the Union to ensure collective bargaining under the laws of the State of Iowa, as well as applicable ordinances of the City of Iowa City. It is the purpose of the City and the Union to establish salaries and terms of employment consistent with the availability of public funds and with the goals and purposes of the City Charter. The City and the Union jointly pledge their cooperation to work together in the public interest to provide improvement in the effectiveness and efficiency of the services offered to the citizens of Iowa City. The parties agree to the following specific provisions: 2 ARTICLE I RECOGNITION Section I. The City of Iowa City, Iowa, recognizes the Johnson County Area Public Employees, AFSCME, Local 183, as the sole and exclusive bargaining agent for all City of Iowa City employees except those specifically excluded in Section 3 of this Article. This certification is based on an Order of Certification promulgated by the Iowa Public Employee Relations Board on February 2, 1976. Section 2. The Iowa City Library Board of Trustees recognizes the Johnson County Area Public Employees, AFSCME, Local 183, as the sole and exclusive bargaining agent for all Iowa City Public Library Employees except those specifically excluded in Section 3 of this Article. This certification is based on an Order of Certification promulgated by the Iowa Public Employee Relations Board on February 9, 1976. Section 3. Sworn police officers and firefighters as well as all supervisory, confidential and temporary employees and others who are excluded from the laws relating to collective bargaining in Chapter 20 of the 1975 Code of Iowa are excluded from the terms, conditions, or application of this Agreement. Section 4. The City agrees that it will not sponsor or promote, financially or otherwise, any other group or labor organization, for the purpose of undermining the Union; nor will it interfere with, restrain, coerce, or discriminate against any of its employees in connection with their membership in the Union. ARTICLE II MANAGEMENT RIGHTS Section 1.Except as limited by the express provisions of this Agreement, nothing herein shall be construed to restrict, limit, or impair the right, powers, and authority of the City under the laws of the State of Iowa and the City's ordinances. These rights, powers, and authority include, but are not limited to the following: a. To direct the work of its employees. b. To develop, implement and enforce work rules, safety standards, performance and productivity standards. C. To hire, promote, transfer, assign, classify, schedule, and retain employees within the operation of the City government and to develop and maintain qualifications, standards and procedures for employment, promotions, and transfers. d. To discipline, suspend or discharge employees for just cause. e. To maintain the efficiency of the governmental operation and to determine and maintain the nature, scope and definition of City organization. f. To relieve employees from duties because of lack of work, lack of adequate public financing, or for other legitimate reasons. 3 g. To determine the amounts, methods, and procedures for compensating employees and the definition of, necessity for, allocation of, and nature of overtime and the method of compensating overtime. h. To determine and implement the methods, means, tools, locations, equipment, and assignment of personnel by which its operations are to be conducted including but not limited to the right to contract and subcontract work. i. To take such actions as may be necessary to carry out its mission. j. To initiate, prepare, certify and administer its budget. k. To exercise all powers and duties granted to it by law. ARTICLE III NO STRIKE --NO LOCKOUT Section 1.No Strike. No employee covered by this Agreement shall engage in any strike at any City facility or at any location in the City where City services are performed during the life and duration of this Agreement. If any strike shall take place, the Union will immediately notify employees engaging in such activities to cease and desist, and it shall publicly declare that such activity is in violation of this Agreement and is unauthorized. Employees in the bargaining unit, while acting in the course of their employment, shall not refuse to cross any picket line established by any labor organization when called upon to cross such picket line in the line of duty. The City will make reasonable efforts to assure employee safety in crossing picket lines. Any employee engaging in any activity in violation of the Article shall be subject to immediate disciplinary action including discharge by the City. Section 2.No Lockout. The City agrees not to lock out employees during the term of this Agreement. ARTICLE IV BULLETIN BOARDS Section I. The City shall assign space as currently provided on bulletin boards for the Union to post notices, a copy of which shall be provided to the Human Relations Director. Notices shall not contain political material, libelous material, or material which is injurious to the City or to employees. Union notices will be limited to designated spaces. ARTICLE V BUSINESS AGENTS Section 1.1 -he Union shall have the right to designate agents, not to exceed two (2) persons at any one time, who shall have access to City facilities only during regular working hours, for the purpose of investigating matters relating to the administration of this Agreement. 0 Section 2.The Union shall notify the Human Relations Director after making such designation. Any such investigation will be conducted so as to not interfere with City business and any such agent will comply with City safety, security and other regulations. Notice will be given to the Department Director or designee when a business agent enters City property or facilities. City employees may not spend working time to meet with business agents unless specifically permitted by another provision of this Agreement. ARTICLE VI DUES CHECK OFF Section I. The City agrees to deduct Union membership fees and dues once each month from the pay of those employees who individually authorize in writing that such deductions be made. The Union will certify the amount of dues to be deducted and the structure of the dues schedule in a letter signed by the President and notarized. Authorization for check off must be received by the l5th of the month in order to be withheld from the first check of the next month. Section 2. Dues will be deducted from the first pay check of each calendar month and will be remitted, together with an itemized statement, to the Union Treasurer within ten (10) days after the deductions have been made. Section 3. The City will not deduct dues beginning the first of the calendar month after which an employee is no longer part of the bargaining unit. An employee may voluntarily cancel or revoke authorization for check off by delivery of written notice to the City and to the Union. Cancellations received by the 15th of the month will become effective on the first of the next month. Section 4.The City will not be liable and will be held blameless for damage arising by virtue of mistakes in connection with funds collected under the provisions of this Article. The City will not be responsible for payment of dues, special assessments or any other deduction upon an individual's default. ARTICLE VII HOURS OF WORK Section 1.Definitions. Temporary Employees - Those who regularly work less than twenty (20) hours per week, regardless of length of employment; or those who work in a position which is authorized for less than one (1) year. Casual Employees - Persons employed for brief, irregular periods or those who perform work on a periodic basis. 5 /W? G Seasonal Employees - Those who work in positions which relate to regular periodic weather or climate conditions, or who work in positions which relate to phases of the school year. Permanent Employees - Persons who are appointed to authorized budgeted positions and who have completed a probationary period upon initial employment with the City. Full -Time: Those who regularly work forty (40) hours per week. Part -Time: Those who are assigned to work less than a forty (40) hour week; generally the assignment will be based on ten (10) hour -per -week increments. Section 2.Regular Work Week A. Definitions - A day will be defined as the time between 12:01 A.M. and midnight, twenty-four (24) hours later. A week will be defined as the time between 12:01 A.M. Sunday and midnight Saturday. Holidays and paid leaves shall count as hours worked. B. Permanent Full -Time - Five Day Operations - The regular work week for permanent full-time employees shall begin on Monday and extend through Friday and shall consist of five (5) consecutive, eight (8) hour days. C. Continuous Shift Operations - (Work is regularly scheduled 24 hours per day, seven days per week.) The regular work week shall consist of five (5) days of eight (8) consecutive hours for a total of forty (40) hours. For purposes of this contract the first day off in any week is defined as the sixth day and the second day off is defined as the seventh day. D. Six and Seven Day Operations - The regular work week for permanent full-time employees shall consist of five (5) eight (8) hour days for a total of forty (40) hours. For purposes of this contract the first day off in any week is defined as the sixth day and the second day off is defined as the seventh day. Employees whose schedules regularly vary from this pattern will be covered by letter at the time the variation is made. (Example -landfill employees.) Section 3. Scheduling. Regular work schedules will be posted on departmental bulletin boards within each division. Any permanent change in the regular work schedules for a division will be posted at least ten (10) days in advance of the change. To the greatest extent possible, temporary adjustments in the work schedule of individuals will be posted at the beginning of the week. As much notice as possible will be given in the case of emergencies, inclement weather, or unexpected absences. Section 4. Changing the Regular Hours of Work. The City will notify the Union in advance of permanent changes in the regular work week and will discuss such changes if requested. L /0.74 Section 5.Temporary and Part -Time Emolovees A. Permanent part-time employees shall be assigned a regular number of hours per week for the purpose of determining the City's benefit contribution. Benefits to permanent part-time employees will be prorated on the number of hours to which the employee has been assigned pursuant to Section 1 of this Article. Occasionally the hours actually worked will vary from the assigned number. No minimum amount of work is guaranteed to part-time employees. Any employee whose hours actually worked regularly exceed his/her assigned hours shall be reassigned hours for the purpose of proration of benefits. An employee may request a redetermination of his/her assigned hours or proration of benefits through the grievance procedure. Nothing in this section shall require a permanent part-time employee to regularly work more than his/her assigned hours. B. Temporary Employees. Temporary, seasonal, and casual employees are not entitled to sick leave, vacation, insurance benefits, seniority, holidays, use of the grievance procedure, or any other benefits provided under this agreement. If an employee has worked as a temporary employee for six (6) months, he/she may file a request with the Human Relations office for permanent status. Provided that a permanent vacancy within classification is available for which the employee is qualified, the temporary employee may compete with other applicants for the vacancy on basis of seniority accrued from the last date of hire. If no permanent opening is available, the employee will be laid off immediately. The employee may elect to continue on temporary status for the duration of the particular purpose for which they were employed. C. Special program employees include those funded by CETA, work study, WIN, Revenue Sharing for youth programs contract, and similar employees. Such employees shall be considered as temporary employees. However, employees funded by CETA will receive benefits for which the City is reimbursed and which are either agreed upon in writing at the time of employment or at a later date. Section 6.Rest Periods. Except for the transit employees, the City will provide a fifteen (15) minute rest period at two times during the regular work day. The location and scheduling will be determined by the immediate supervisor. The rest period will be scheduled at regular times within the work day to accommodate staffing needs. Employee preferences will be considered. On those days when "tripper" buses are operated and when administra- tively feasible, full time transit drivers will be provided a thirty (30) minute paid meal break during the work day. On other days the "on-call" driver will be used to provide meal breaks to full time transit drivers when such person is available. The intent of this provision is to insure the City makes reasonable efforts to provide meal reliefs for full time transit drivers. Section 7.Meal Periods. The City will provide an unpaid lunch period of not less than thirty (30) minutes each day to employees in five 7 /V?G day operations: Whenever possible, the lunch period will be scheduled at a regular time in the work day. Meal periods will be scheduled to accommodate the staffing needs of the department with consideration of the preference of employees. Section 8.Clean-up time. If the nature of work performed requires it, employees will be allowed a minimum of five (5) minutes for personal clean-up at the end of the work day. Section 9.Inclement weather. Employees are expected to come to work regardless of weather conditions if they can possibly do so. Employees who appear for work at the scheduled time will be compensated. Generally, City operations will not be suspended, but may be rescheduled. If work is to be rescheduled the immediate supervisor will have available information. Employees who are unable to get to work or who leave work early because of weather conditions may do one of the following: a. Arrange to make up the work with the approval of the immediate supervisor. b. Charge the time missed to holiday, vacation, compensatory time, or personal leave. c. Take leave without pay for the time missed. ARTICLE VIII OVERTIME Section 1.0vertime. Overtime is work performed by a permanent full or part-time employee in excess of eight (8) hours per day or forty (40) hours per week with the following exception: Employees regularly scheduled to work more than eight (8) hours per day will receive overtime for the time worked in excess of the regularly scheduled hours per day. e.g., Landfill employees who work twelve (12) hours per day will receive overtime for time spent in excess of twelve (12) hours per day or forty (40) hours per week. Prior authorization from the employee's supervisor is required before overtime work will be credited. Employees may be periodically required to work overtime but may request not to perform work because of physical inability or serious personal need. Such requests to be excused from performing overtime will not be unreasonably denied. For permanent full-time employees, work performed on the sixth (6th) or seventh (7th) day of the work week shal l be considered overtime. For permanent part-time employees all working time in excess of that worked by permanent full-time employees will be considered overtime. There will be no pyramiding of overtime: e.g., If an employee is called back to work on Saturday he/she may claim the overtime rate either for the minimal call-in OR the sixth (6th) day premium, not for both sections. Overtime will be compensated at the rate of one and one-half (1 1/2) times the current base hourly rate of the employees or by compensatory time off at the rate of one and one-half (1 1/2) hours for each hour of overtime worked. Employee preference will determine whether overtime is paid or time off given unless departmental staffing needs or financial considerations require employees to be paid or given time off. The employee may request reasons for the denial of the time off or pay. Section 2.Overtime Equalization. A. To the greatest extent possible, overtime shall be offered to employees equally over a period of three (3) months, considering the type of work, the qualifications and ability of the individual employee, the employee's desire to perform the overtime service, and the employee's seniority. The following procedure will generally be used: The employee with the necessary qualifications and abilities and the least number of overtime hours in that classification will be first offered such assignment. In the event that overtime hours among employees in that classification are equal, seniority shall prevail. In the event no qualified employee desires such work, the City shall select the qualified employee with the least credited overtime hours for such assignment and if there are two or more employees with the same number of overtime hours, the employee with the least seniority shall be thus assigned. Employees who refuse overtime work on a particular job will be charged the same number of hours as employees who actually do the work. Any employee who may be periodically excused from overtime work for physical disability or serious personal need shall carry an amount of overtime equal to that of the employee with the highest number of hours. When the need arises to work overtime to finish a job, the employees who are performing the work may be offered the overtime first if the work is to be completed. If an affected employee elects not to work overtime, he/she will be expected to continue until a replacement is secured. During emergency situations such as, but not limited to, excessive snow, freezing rain, wind, rain or cold, employees in the affected divisions may be scheduled to work twelve (12) hours or more in any twenty-four (24) hour period. Work in excess of twelve (12) hours will be assigned according to the equalization procedure. The equalization procedure is inapplicable to regularly scheduled overtime in transit. B. The City shall maintain and post (at least monthly) in a public in the work area, a list of classifications showing overtime hours worked by each employee, and shall keep such list current with accumulated overtime being credited forward. Overtime accumulation shall commence on January 1, April 1, July 1, and October 1 of each year and shall be equalized quarterly. Employees who are new to a division shall be credited with the highest number of hours in their classification. Any deviation from the above process shall be by letter between the City and the Union. Section 3. Overtime Rest Period. If an employee is required to work at least two (2) hours immediately after the employee's normal work day, the City will provide for one of the following: a. A rest period of one-half hour immediately following the work day, or b. One additional half-hour of paid compensation at the overtime rate. This section does not apply if the employee is required to work less than two (2) hours following the work day. Section 4.Stand-By Time. Employees who are on stand-by time are required to be at a place designated by them which has access to a phone and from which they may reach the work area promptly. Employees on stand- by will be compensated at a rate of six (6) hours at current base pay rate for each week of stand-by time. A call device and vehicle will be furnished to an employee on stand-by. Employees called to work shall be paid at the regular call-in rate for each call in accordance with Section 6 Minimum Call-in in addition to stand-by pay. Employees of the Street/Sanitation Department who are required to be on stand-by for the purpose of emergency snow removal will be compensated at a rate of nine (9) hours at current base pay rate for each week of stand-by time. Stand-by in these circumstances will be assigned in no less than one week increments. Such employees will be furnished a call device, but no vehicle. Section 5.Reporting Pay. If an employee reports for work at his/her regular time and place but is sent home by the supervisor because of an emergency because work cannot be performed, such employee shall be paid a minimum of two (2) hours at his/her regular straight time pay. The City will make every effort to allow the employee to make up the work at straight time at a different time, where the nature of work permits. Section 6.Minimum Call -In. An employee who has completed an eight (8) hour work day and who is called in to work in an emergency situation without prior notice will be paid for a minimum of two (2) hours. If the emergency call-in takes more than two (2) hours the employee will be compensated for time spent. Minimum call-in will be paid at the overtime rate. An employee who is called in prior to the regular start of his/her working day will be compensated for a minimum of two (2) hours at the overtime rate. In the event minimum call-in and regular working hours overlap, straight time will be paid for the overlapping hours in addition to the minimun call-in. There shall be no pyramiding or duplicating of overtime pay. That is, if an employee is called to work, he/she cannot collect for another two (2) hours unless it has been two (2) hours since the last call. 10 /V? G Section 7. Professional Employees. No overtime will be paid or credit given for overtime work of professional employees. Generally, assignments will be based on an assumed forty (40) hour week for full time professionals and on the assigned number of hours of part-time professionals. Professional employees will enter all assigned hours worked in excess of their normal schedules on their time sheets. Each quarter an employee may meet, upon request, with his/her department head to review the hours worked in an attempt to facilitate the provisions of this section. However, this clause shall not be construed as a guarantee of compensatory time or overtime pay. Section 8.Library Overtime. Permanent employees required to work on Sundays at the Library will receive six (6) hours credit for each four (4) hour shift worked. Section 9.Calculation of Overtime. Overtime will be recorded on the basis of six (6) minute segments, and an employee must work an entire segment to be credited with one-tenth (1/10) hour for overtime. Section 10. Payment of Overtime. Payment of authorized overtime will be on succeeeding pay checks. ARTICLE IX HOLIDAYS Section l.The following days shall be paid holidays for permanent employees: New Year's Day (January 1); Washington's Birthday (third Monday in February); Memorial Day (last Monday in May); Independence Day (July 4); Labor Day (first Monday in September); Veteran's Day (November 11); Thanksgiving Day (fourth Thursday in November); the Friday after Thanksgiving; Christmas Day (December 25); and one personal leave day. In order to receive holiday credit, an employee must work the day before and the day after a holiday or must make prior arrangements for approved paid or unpaid leave. Section 2. In addition, there shall be granted to permanent employees who do not work a continuous shift, the day before or after Christmas, or the day before or after New Year's Day as an additional holiday. The City Manager (or the Library Director for Library employees) may direct that employees observe a particular day for this holiday but if the Manager fails to make such designation by December 15 of the calendar year in question, employees may select a particular day subject to the approval of the supervisor. If the City Manager or Library Director does not designate a day employees may choose a day between December 24 and January 2. Section 3. Permanent employees on a continous shift shall receive eighty-eight (88) hours of holiday credit on July 1 annually. Any continuous shift employee who begins work after July 1 of any calendar year will receive credit for the remaining holiday dates in the year. If an employee separates after July 1 of any year, those holidays which have been credited but which have not as yet occurred will be deducted for the purpose of considering separation pay. 11 e.g., Employee A receives credit for eighty-eight (88) hours of holiday time on July 1. The employee terminates on November 1 and has not used any holiday hours. He would be paid sixteen (16) hours of holiday pay (Independence Day and Labor Day). e.g., Employee B receives eighty-eight (88) hours of holiday credit on July 1. Employee B terminates November 1 and has used forty (40) holiday hours. Only two (2) holidays (Independence Day and Labor Day) have occurred prior to termination, therefore twenty-four (24) hours (40 used less 16 occurring) would be deducted from vacation pay or from the last week's wages. For the purpose of this Article, a holiday for continuous shift employees (except Police Department employees) begins at 12:01 A.M. on the day of the holiday and continues for a period of twenty-four (24) hours thereafter. In the Police Department a holiday begins at 11:00 P.M. on the day preceding the holiday and continues for twenty-four (24) hours thereafter. When a holiday occurs on Sunday, the following Monday will be observed. When a holiday falls on a Saturday, the preceding Friday will be observed. Section 4. Part-time employees will receive holiday pay on a pro rata basis. Section 5.Eligible employees who are called in to work on a holiday on which City operations are not open to the public will be paid at a rate of one and one-half (1 1/2) times for the hours actually worked and shall also receive regular holiday pay. Section 6.Permanent full-time employees who are assigned to work on holidays when City operations to which they are assigned are operating or open to the public will receive eight (8) hours of holiday credit during the pay period in which the holiday occurs. Holiday credit will be prorated for part-time employees. This credit may be used after the holiday occurs but must be taken before the next succeeding July 1. Generally this section applies to library, transit, parks, recreation, and parking enforcement employees. Refuse employees will use this system when two holidays occur in the same week. Section 7. Holidays or personal leave days shall not be carried beyond July 1 of any year. Section 8.Definition. "Continuous shift employees" as used in this article indicates those employees who work in twenty-four (24) hour per day operations and who are subject to assignment on shifts beginning between 3:00 P.M. and 7:59 A. M. 12 VACATIONS Section 1.Accumulation. Vacations shall be earned by permanent employees by month according to the following schedule: Length of Service 0-5 years 5 years 1 day - 10 years 10 years 1 day - 20 years 20 years 1 day - 23 years more than 23 years Days Per Pay Month 1 1 1/4 1 1/2 1 3/4 2 Professional librarians shall accumulate vacation at a rate of 22 days per year regardless of length of service. The maximum number of hours eligible for carry over after July 1 of any year or for payment upon termination shall be one hundred ninety-two (192) hours (24 days). Section 2.Use of Vacation. An employee becomes eligible to take vacation after he/she has been on the payroll as a permanent employee for a period of six (6) continuous months. Scheduling will be arranged with the supervisor to accommodate staffing needs and employee preferences. Except in the event of serious personal need by a less senior person, seniority will prevail. Section 3.Payment of Accumulation. Upon resignation or retirement after six (6) months of continuous service, a permanent employee is eligible for payment of not more than 192 hours (24 days) of accumulated vacation leave at the current base rate of pay. ARTICLE XI SICK LEAVE Section 1.Accumulation. Employees shall be granted one day of sick leave credit per month and shall have the right to accumulate unused sick leave up to a maximum of 1440 hours (180 days). Sick leave shall not be accumulated while an employee takes a leave of absence without pay, but any employee granted a paid leave shall continue to earn sick leave. Accumulation of sick leave shall commence on the date of first permanent employment. Additional sick leave will not accrue while an employee is receiving worker's compensation. Upon resignation or retirement, the City shall pay for one-half of the accumulated sick leave on the basis of a permanent employee's current hourly base salary. An employee must have been employed by the City for at least one year in order to be eligible for payment of accumulated sick leave upon termination. 13 Section 2.Use of Sick Leave. a. A day of accumulated sick leave shall be used for each day an employee is sick and off work during a work week. A doctor's statement regarding nature of illness and recovery therefrom may be required if abuse is suspected. Sick leave may be used on an hour -to -hour basis for doctor's appointments or other health maintenance needs. b. In addition to sickness of an employee, sick leave may be used for: (1) On-the-job injury. (2) Serious illness or hospital confinement of a spouse or child, or critical illness of the employee's mother, father, mother-in-law, father-in-law, brother, sister, or grandparents, as well as any other relatives or member of the immediate household of the employee up to a maximum of forty (40) hours per occurrence. Section 3.Notification. An employee shall notify his/her supervisor as soon as reasonably possible of any sickness or illness which will cause him/her to miss work and unless such notification is given within one (1) hour after the beginning of the work day, the absence will not be charged to sick leave, but will be charged to other accumulated leave or to leave of absence without pay. Unusual circumstances will be evaluated and may result in charging the absence to sick leave. An employee who becomes sick at work will notify his/her supervisor before leaving the area. Section 4.Sick Leave Ban a. Permanent employees in the bargaining unit may draw from a Sick Leave Bank if they have exhausted their own sick leave accumulation and are seriously ill. Hours of sick leave shall be contributed to the bank by bargaining unit members who have reached the maximum accumulation of sick leave (1440 hours or 180 days) at the rate of one day per month. b. Employees who use Sick Bank days will repay the bank at the regular sick leave accrual schedule after returning to work. Employees who do not return to work or who fail to accumulate a sufficient amount of sick leave will pay back the Bank from other accrued leave or in cash. C. A joint City -Union committee will administer the use of Sick Bank days by employees. The committee will be made up of one Union representative, one City representative, and one person chosen by the two representatives. The Bank Administration Committee will determine when sick leave may be used, application procedures, the length of time which any employee may borrow, the length of the waiting period after exhaustion of sick leave before employees may borrow time, length of service 14 /0? G before an employee may borrow time, amount of time before which days must be paid back, and other criteria for using Bank days. The Committee is charged with maintaining the integrity of the Bank for serious or catastrophic illness of individuals in the entire units and will develop policies to protect against abuse by individuals. d. The City will contribute thirty (30) days of sick leave to the Bank October 1, 1976. No individual may use more than ten (10) days during the term of this Agreement. ARTICLE XII SPECIAL LEAVES Section 1.On the Job Injury. Upon application the City may grant a leave of absence with pay in the event of an injury or illness of an employee while at work provided the following conditions exits: a. The injury or illness arises out of the course of City employment, and b. The City's medical advisor determines that time off from work is required. If the above provisions are applicable, leave with pay will be granted during the remaining time on the work day when the injury occurs and for a period of two (2) working days thereafter if authorized by the medical advisor. If the injured or disabled employee requires more than two (2) working days in which to recuperate and return to work, any additional absence may be charged to sick leave or, if sick leave is exhausted, to leave of absence without pay. Employees may use accumulated sick leave or other accumulated leaves to supplement worker's compensation benefits. Section 2.Funerals. An employee will be granted up to three (3) work days per incident with no loss of compensation or accruals to attend the funeral of his/her spouse, children, mother, father, stepparents, sister, brother, mother-in-law, father-in-law, grandparents, aunt or uncle, brother-in-law, sister-in-law, or permanent member of the immediate household. If additional time is needed, an employee shall be permitted to use up to three (3) work days of accumulated sick leave with the approval of the supervisor. Section 3. Leave of Absence Without Pay. A leave of absence without pay is a predetermined amount of time off work, which has been recommended by the Department Director and approved by the City Manager or for library employees, by the Library Director, except in cases of medically necessary disability leaves which shall be automatic provided the employee has exhausted all other accrued leave disability (paid and unpaid) and submits to a physical exam by a city -paid and appointed doctor (if required by the employer). This disability leave shall be limited to a total of two (2) bargaining unit employees at any one time. Generally, such leave shall not exceed twelve (12) months. Upon termination of any 15 14- such leave of absence, the employee shall return to work in the same range and step as when he/she left and will receive compensation on the same basis as if he/she had continued to work at his/her regular position without leave, provided that during that period if the nature of operations has changed so that similar work does not exist or that an opening for the employee no longer exists the employee will be offered vacancies in related areas or vacancies for which the employee is otherwise qualified. In the event an employee fails to return to work at the end of any such leave or extension, he/she shall be deemed to have voluntarily resigned or, if applicable, voluntarily retired on the last day of work prior to such leave. During a leave of absence without pay, the employee: a. Cannot pay retirement contributions if the leave exceeds one month in duration. b. Must pay group hospitalization premiums falling due during any month the employee is not on the payroll if coverage is desired. C. Must pay premium for coverage under the group life insurance plan if coverage is desired. d. Shall not receive any other accruals or job benefits during the period of absence. e. Shall not acquire additional seniority during said leave except in the case of temporary medical disability or as otherwise specified by this Agreement. f. Shall not earn sick, vacation, or other leave. g. Must use all accumulated vacation to which he/she is entitled prior to the time that the leave without pay commences. The Department Director may waive the above conditions (a. through g.) for leaves of absence not exceeding ten (10) working days. Section 4.Jury Duty. Any employee summoned for jury duty during the employee's regular work hours shall receive regular standard time pay during any period of jury service. The City shall receive the pay earned from such jury service. Compensation for travel expenses may be retained by the employee. An employee who is summoned for jury duty but is not selected to serve on the jury and is discharged with an hour or more remaining in the work -day shall return to work. Section 5.Witness Fees. An employee shall be granted leave with pay when required to be absent from work for the purpose of testifying in court in response to legal summons and the City shall receive the witness fees up to the amount of compensation paid to the employee by the City for days testified. Section 6.Military Leave. Employees called by any branch of the Armed Forces of the United States shall, when ordered to active service, be entitled to a leave of absence for such period of time that the member serves in such capacity and until discharged therefrom. The City shall comply with applicable law in regard to military leave. Employees subject to the foregoing shall, upon re -instatement to City employment, retain their original employment date for the purpose of determining seniority and eligibility for salary advancement just as though such time spent in service of the United States has been spent in regular employment with the City. 16 /.�G Section 7.Voting time. An employee shall be permitted to vote during the work day in any national, state, or local election if it is not reasonably possible for him/her to vote during off hours. Section 8.Pregnancy Leave. A pregnant permanent employee shall be entitled to a leave of absence without pay if she is disabled as a result of pregnancy or related cause at the exhaustion of other accumulated leaves. All employees requiring such leave shall notify the Department Director prior to the anticipated date of birth and should be able to substantiate their condition by a doctor's statement. Employees may work during pregnancy if health permits. Those granted leaves under this section shall present doctor's statements as to pregnancy disability and recovery therefrom. Within seven (7) days following birth, miscarriage, or abortion the employee shall advise the City of the date by which she will return to work. Unless the employee returns to work by such date, or any other date by reason of extension granted by the City, the employee will be considered to have voluntarily resigned or retired. An employee who takes leave pursuant to this section shall return to work as soon as she is medically able. Section 9.Union Business Leave a. Any employee elected to office in the International American Federation of State, County and Municipal Employees shall be granted a leave of absence without pay for a period not to exceed two years. Such leaves shall be granted to not more than one City employee in Local 183 at any one time. An employee desiring such leave shall give thirty (30) days notice to the City. Consistent with Section 3 of this Article, such employees shall not have a job guarantee on return. b. Leave of absence without pay to attend and serve as a delegate to conventions and training conferences relating to the Union shall be granted to not more than five (5) City employees in Local 183 in any one calendar year. Not more than five (5) days may be taken by any one employee under this section. Employees seeking such leave shall present certification in writing of their selection by the Union to act as a representative to a specified conference at least ten (10) working days prior to the time they wish to be absent. C. No more than one employee who is elected or appointed to offices in the Union that is not part-time staff will be granted sufficient unpaid time off to carry on the duties of the office provided he/she gives reasonable advance notice and receives approval for such leave from the department head. Approval may be denied by the department head where the employee's absence could adversely affect or interfere with the operation of the department. d. Employees on Union leaves shall only be entitled to accrual of seniority for time spent on such leaves, except for Section C above, where employee will continue to accrue benefits during a period not to exceed ten (10) work days per year. 17 Section 10. Professional Leave. The City and the Union agree that professional development is of benefit to employees designated as "professionals" and the employer. In recognition of this Agreement, the following guidelines will be considered when granting or denying requests for professional leaves: a. The potential benefit to the employee. b. The potential benefit to the employer. C. The work -relatedness of training program, conference, workshop, class, or convention that is attended. d. Who in the affected class of employees went most recently. e. Seniority. It is understood by the parties that the above provisions in no way constitute a guarantee of training to anyone. ARTICLE XIII SENIORITY Section 1. Seniority shall mean length of continuous service with the City. It shall begin on the date of employment and become applicable immediately following completion of a probationary period of not more than six (6) months in a permanent position, unless extended in writing due to unusual circumstances. An employee will lose seniority rights upon resignation, discharge for just cause, retirement, death, or layoff for more than two (2) years. Seniority shall accrue during all paid leaves and during periods which a member is assigned a classification outside of the bargaining unit. If an employee is on leave of absence without pay as a result of temporary disability as substantiated by a doctor's certificate or for on- the-job injury, seniority will accrue indefinitely. An employee will accrue seniority while on leave without pay or layoff for one (1) year or for a period equal to the length of time worked if less than one year. In the event that two (2) or more employees have an identical seniority date, the order of their seniority shall be determined by the alphabetical order of last names. The City will maintain a seniority list showing the length of continuous service and will make a copy of the list available to the Union each six (6) months. Section 2.Probation. The initial probation period for permanent appointments will be six (6) continuous months. The probationary period may be extended in writing because of unusual circumstances. Probationary employees are entitled to all benefits of this contract with two exceptions: I. They may not grieve any disciplinary actions taken against them. 2. They may not bid on other jobs (except for promotions). If an employee has worked as a temporary City employee prior to appointment to a similar permanent position, the temporary time worked may be credited toward completion of probation if it is applicable experience. lu /074 For such employees, the probationary period will be shortened to reflect credit for temporary time worked. The length of probation will be specified in writing in the permanent appointment papers. Section 3.Use of Seniority. An employee who has successfully completed an initial City probation period of six months may exercise seniority as follows: a. Transfer Procedures. Except in the case of emergency cir- cumstances, a notice which describes the position for permanent job openings will be posted on administrative and departmental bulletin boards for not less than five (5) working days. During this period, employees who wish to apply for the position may do so. The City will provide a written form for application which must be received in the Personnel Office by 5:00 P.M. on the day stated on the notice as the closing date. If current or laid off employees are qualifed for the position he/she may compete with other employee applicants for the position. Step I. If qualifications including skills, abilities, and experience of the applicants are relatively equal, the employee with the greatest seniority will be offered the job first. Step II. If the qualifications of current employees are marginal but equal to outside applicants they will be offered the position if it is to be filled. If an employee feels that seniority has been ignored by the City, he/she may request the reason for his/her rejection for the position in writing, and the written reasons will be given. b. Reduction in Force. Reductions in force will be by departmental division according to seniority in the jobs affected with the person having the least seniority within classification to be laid off first. The City will give five (5) days notice to employees who are to be laid off except in an emergency. Temporary employees within classification (who are by definition without seniority) will be laid off prior to permanent employees. The City will consult with the Union as far in advance as possible prior to a contemplated layoff in order to provide the most equitable treatment to employees who are to be laid off. 1. The City will attempt to accomplish reduction in force by attrition. 2. An employee whose job is to be eliminated may be transferred to vacancies within the department. 3. If no vacancies exist the employee being laid off shall bump the employee with the least seniority in a position in their department or bargaining unit for which they have the seniority, proper credentials, including prior recorded experience, and the ability to perform the duties of the job under normal supervision. 19 C. Recall from Layoff. The names of permanent employees laid off shall be placed on a re-employment list for the jobs affected in the layoff. Such persons shall be eligible for re-employment in reverse order of layoff in the job from which they were removed for a period of two (2) years, provided that they are still qualified and able to perform the job. Employees may apply for vacancies in the City in titles other than those affected by the layoff during the period that they are on the recall list while maintaining their option to return to the job from which they were laid off. When an employee is notified by ordinary mail to last known address to return to work, he/she must make arrangements to return to work with the immediate supervisor within five (5) days or be removed from the recall list. An employee on the recall list will accrue seniority pursant to Section 1 of this article and will be entitled to exercise seniority accrued prior to layoff after their returning to work. d. Preferred Shift. Employees may use seniority to bid on a preferred shift or transit run provided a vacancy exists. The use of senority in library scheduling, if any, will be the subject of a separate letter to be negotiated at a later date. Section 4.Trial Period A. Employee option. A transferred employee shall be granted up to ten (10) days to determine he/she wants to continue in the position to which he/she voluntarily transferred. If during the option period the employee desires to do so, he/she may return to the previous position. B. City Option. The length of the trial period for a person who is transferring to another position within the City will be adapted to the type of job, length of City employment and similarity to previous jobs, but will not be longer than forty (40) working days except by agreement between the City and the Union. A transferred employee agrees not to initiate another transfer for six (6) months. This limitation on voluntary transfers does not apply to promotions. If the employee's performance is unsatisfactory at the end of the trial period, they may return to their previous position or a similar vacancy. Section 5. Compensation after Transfer. When an employee transfers to another position within the same or a lower range he/she shall move to a step and rate of pay within the range of the position transferred to with pay to be determined on the basis of relative skills, abilities, experience and seniority. When an employee transfers to a higher range his/her pay shall fall within that range and in no event will be less than one step higher. Section 6. Transit Senority. In the event two or more transit drivers have identical seniority dates, the order of seniority for selecting transit runs shall be determined by lot. 20 ia4 ARTICLE XIV nTSfTPITNF Section 1.Purpose. All parties to this Agreement recognize that a certain amount of discipline is necessary for efficient operation of the City and the City has rights and responsibilities under law in providing services in an efficient manner. These certain penalties for infractions are agreed upon by the parties as a mode of operating and are not intended to limit the management rights of the City as explained in Chapter 20 of the 1975 Code of Iowa. Disciplinary actions against employees will be taken for just cause. Appeal of disciplinary actions shall be by permanent employees and shall be through the grievance procedure set forth in this Agreement. Section 2.The goals of progressive discipline are to correct behavior and produce efficient City operations rather than merely to punish wrongdoers. Disciplinary actions or measures shall ordinarily be invoked in the order listed: a. Oral reprimand or warning b. Written reprimand or warning c. Suspension with loss of pay d. Discharge Section 3. Serious violations may be dealt with by any of the above disciplinary measures on the first offense. Permanent employees shall have the right to take up a suspension or discharge at Step 2 of the grievance procedure. Section 4.An employee may request the presence of a steward at the time of discipline. The steward may request a copy of the oral or written warning at that time. A copy of suspension or discharge will be forwarded to the chief steward. ARTICLE XV INSURANCE Section l.Medical insurance. The City will provide the health insurance policy currently provided for employees and eligible dependents if applicable. A pro rate share of the cost of the premium will be paid for part-time employees. Section 2.Life insurance. The City will provide a term life insurance policy for employees the face value of which is an amount equal to the next even thousand dollars greater than annual salary. e.g., If an employee's annual salary is $8,834, the face value of the life insurance policy is $9,000. In the policy currently provided coverage does not become effective until ninety (90) days after employment. 21 /anw Section 3. Payroll Deductions. When the employer develops the computer capability to accommodate payroll deductions for a Union insurance plan or group benefit plan it shall provide for deduction of up to one such item. ARTICLE XVI SAFETY Section 1.Policy. The City and the Union recognize the importance of the personal safety of individual employees on the job and recognize that in the routine course of work employees are subject to risks. Section 2.Standards. Employees shall not be required to work in areas or to operate equipment which is a hazard to themselves or the public. Periodic training in safety matters will be provided to employees who engage in hazardous work. Employees will have access to protective gear required by law. Employees will handle property and equipment of the City with due care appropriate to the nature of the work and equipment employed. Section 3.Notice of Defect. Employees who operate equipment shall, during or immediately following the work day, report any defect noticed by him/her in said equipment to the immediate supervisor. Section 4.Special Grievance Procedure. If an employee is requested to work in a location or with equipment which presents an imminent personal hazard to him/herself or others the employee will report immediately to the Division Superintendent or designee who will determine the minimal standards under which employees must work. If the employee is then directed to work in a location or with equipment which is an imminent personal hazard to him/herself, he/she shall file a Step 2 grievance with the Department Director. Other disputes over safety hazards will be processed through the regular grievance procedure in Article XX Section 4. Use of this procedure to create unnecessary delays will result in disciplinary action. Section 5.Safety Committee. The Union shall select two (2) City employees as representatives on the City Manager's Safety Committee. ARTICLE XVII PERSONNEL TRANSACTIONS Section 1. Employees shall receive a copy of payroll transactions, performance evaluations, and other documents which will be used for purposes of promotion, evaluation or discipline. The employee's copy will be forwarded at the time it is placed in the file. Section 2.Under the supervision of an employee of the Human Relations Office and during normal business hours, employees shall have access to their personnel files including the right to copy the contents of the file at their own expense. An employee shall have the right to attach a written response to any document in his/her personnel file. 22 /RG Section 3.Oral and written warnings for minor infractions which are over twelve (12) months old at the time of the regularly scheduled performance review will be removed from an employee's file, provided the problem has been corrected or there has been substantial improvement toward correction. ARTICLE XVIII CLOTHING AND EQUIPMENT Section 1.Employees who are required to wear special uniforms will be provided with such uniforms. Cleaning and maintenance will be paid by the employer. Outerwear, including hats, jackets, and coats, will not be provided, except for Parking Enforcement Attendants. Gloves for discomfort from cold will not be provided. Section 2. The employer will provide required protective clothing, or protective devices, including up to $35.00 per pair for the purchase of no more than (2) pairs of safety shoes annually. The employer shall pay the reasonable full cost of medically prescribed safety shoes. All safety shoe purchases must receive prior approval from the employee's immediate supervisor. The employee shall provide the full cost of safety prescription glasses. ARTICLE XIX RECOVERY AND REHABILITATION PROGRAM Section l.Voluntary Referral Service. The City will provide where possible a voluntary referral service for employees with personal problems. Employees who suspect they may have a work problem even in the early stages are encouraged to seek treatment or counseling. All such requests and/or referrals in Section 3 for service will be treated in a confidential manner. Every attempt will be made to assist employees in obtaining needed services if they voluntarily request such assistance. Section 2.Problem Drinking. In the interest of providing efficient services to the public the City recognizes that employee alcoholism can and should be treated. Educational materials on problem drinking may be requested from the Human Relations office. All bargaining unit employees are eligible for treatment and rehabilitation for alcoholism or problem drinking through the City's referral service and other available Community resources. Alcoholism as an illness is not a cause for discipline and every attempt will be made by the City and the Union to assist employees with drinking problems to obtain needed assistance. Rehabilitation assistance will be offered, but if job performance is not raised to an acceptable level disciplinary action will be taken. Section 3.Procedure. Supervisors who identify work problems or stewards who identify personal problems may refer employees to the Human Relations office for assistance in obtaining educational and rehabilitation services for alcoholism or other personal problems which influence performance. Nothing in this section relieves employees of responsibility for their conduct on the job. 23 iaM/V ARTICLE XX GRIEVANCE PROCEDURE Section 1.Definitions. The word "grievance" wherever used in this Agreement shall mean any dispute between the City and the Union or any employee with regard to the meaning, application, or violation of any of the terms and provisions of this Agreement. The word "working day" shall be defined as any day except Saturday and Sunday for purposes of this section. Section 2.Representation. An employee who is a member of the bargaining unit covered by this Agreement shall have the right to be represented by a steward at any grievance hearing or at any step of the grievance procedure, if he/she chooses. Employees are also entitled to representation by a steward at disciplinary conferences. Stewards will not attend other conferences between supervisors and employees except with the supervisor's approval. The Union will certify the names and addresses of the designated stewards to the City Human Relations Director. The City will compensate not more than one employee steward for the investigation of a grievance. If a second City employee has a special office in the Union handling grievances, that employee may request released time from his/her supervisor, and permission to work on the grievance will not be unreasonably withheld, but the City will not provide compensation for time spent. Any stewards who are City employees shall be released from work for not more than two (2) hours in one work week to work on grievance resolution. The employee will obtain permission from the immediate supervisor before investigating the grievance, but such permission will not be unreasonably withheld. Released time under this section is limited to grievance resolution. Supervisors and stewards agree to handle discipline and grievances with discretion. Section 3.Limitations. Unless a grievance is appealed as hereinafter provided, it shall have no further validity or effect. Time limits may be extended by mutual agreement of the parties. Any monetary award or compensation arising out of the resolution of a grievance is limited to the period of time sixty (60) days prior to the filing of the grievance regardless of the length of the practice giving rise to the grievance or the employee's lack of knowledge thereof. Section 4.Procedures. A grievance that may arise shall be processed and settled in the following manner: A. Step 1. The grievance shall be presented orally for discussion between the employee grievant, the steward if the employee chooses to be represented by a steward, and the employee's immediate supervisor within five (5) working days after the knowledge of the event giving rise to the grievance. The date of the oral presentation of the grievance shall be certified in writing. The supervisor shall deliver the answer verbally to the aggrieved employee or steward within five (5) working days after the Step 1 conference. If no response is received from the supervisor within five (5) working days the grievance will be processed pursuant to Step 2. 24 7 I B. Step 2. If the grievance is not resolved by Step 1, the aggrieved employee or his/her steward (if applicable) shall, within five (5) working days following completion of Step 1, present three (3) written copies of such grievance signed by the aggrieved person, two (2) to be filed with the Department Director or designated representative and one (1) to be filed with the Union. For Library employees the grievance must be filed at this Step with the Library director or designee. The written grievance shall contain a statement from the employee of the facts and section of this Agreement grieved and specifying what relief or remedy is desired. The grievant and steward shall include on the written grievance their names and the addresses to which they wish a response to be sent. The grievant, steward and department director shall meet in an attempt to resolve the grievance. The Department Director or Library Director shall, within a period of five (5) working days investigate and document the grievance and issue a decision in writing thereon to grievants and steward, if applicable. C. Step 3. A grievance not resolved by Step 2 shall be submitted to the City Manager or his/her designee within ten (10) working days of the date of receipt of the written decision referred to in Step 2. A meeting between the parties may be held if requested in writing. The City Manager will investigate and respond to the grievant and steward within ten (10) working days. D. Arbitration. Grievances not resolved at Step 3 of the Grievance Procedure may be submitted to a third party for arbitration. A request for arbitration must be submitted by written notice to the other party within ten (10) working days following receipt of the City Manager's decision at Step 3. Copies of any such request will be furnished to the City and to the Union. The cost of arbitration and recording the same shall be divided equally between the parties to this Agreement. The cost of a certified court report, if requested by the arbitrator, shall be divided equally between the parties. Each party will pay for the cost of its own case preparation and for expenses of witnesses. The arbitration proceeding shall be conducted by an arbitrator to be selected by the City and the Union within five (5) working days after notice has been given. If the parties fail to select an arbitrator, a request by either or both parties shall be made to the Federal Mediation and Conciliation Service to provide a panel of five (5) prospective arbitrators. Both the City and the Union shall have the right to strike two names from the panel. The party giving notice for arbitration shall strike the first name; the other party shall then strike one (1) name. The process will be repeated and the remaining person shall be the arbitrator. The arbitrator shall have the power to interpret, apply, and enforce this written Agreement but shall have no power to add to, subtract from, or modify the terms thereof. The rules of evidence and the nature of conduct required during the arbitration hearing shall be in accordance with all state and federal legislation, applicable rules and regulations. 25 /Olz G The decision of the arbitrator shall be issued thirty (30) days after conclusion of the hearing and shall be final and binding upon the parties. The parties of the grievance, their witnesses and representatives shall have the right to be present at the grievance arbitration in addition to the arbitrator. Other persons may be present at arbitration hearings as the parties may mutually agree. Either party shall have the right to record the evidence presented at the arbitration hearing. Arbitration hearings shall be closed to the public and evidence taken shall not be revealed to any third party until such time as the decision of the arbitrator is made unless parties agree otherwise. Section 5.Labor-Management Committee. The Labor -Management Committee shall consist of the persons designated by the Union and the City. Not more than four (4) bargaining unit employees may be excused to attend meetings held during working hours. Representatives or agents of the parties may be present at grievance committee meetings. Meetings shall be no longer than two (2) hours in length unless extended by mutual agreement and shall be scheduled to alternate between the working hours and non -working hours of the labor members. The function of the Labor -Management Committee shall be to meet and confer monthly with the City during the life of the contract for the purpose of adjusting pending grievances and to discuss procedures for avoiding future grievances (including safety matters) provided that: a. No topics will come before the Labor -Management Committee which are proper subjects for negotiations (e.g., new demands, changed circumstances, requests for new language, etc.); and b. Every agenda item will be investigated before the meeting with the appropriate Department Director or designee. (Public Works -- Division Heads). ARTICLE XXI PAY PIAN Section 1.Classification Plan. The classification plan for bargaining unit employees is attached to this Agreement (See Appendix A). This pay plan in effect on June 30, 1980, shall be adjusted upward by 11% effective July 1, 1980. Section 2.Merit Plan. The pay plan is based on performance evaluations and merit. The City will justify the denial of merit increases following the employee's eligibility date. An employee who does not receive a merit increase on his/her eligibility date may file a Step 2 grievance. Section 3.Pay Plan. Each range of the pay classification plan will contain six (6) steps (A -F). Employees at Step A are eligible for review and an increase to Step B after six (6) months. Step A will be determined by the City unilaterally based on market information and other factors related to the particular job title for which the wage is being set. 26 Employees on Steps B-E are eligible for review and an increase to the next step annually. Employees on Step F or those who are outside of the range are not eligible for step increases. This section will not operate to adversely affect any employee hired prior to Council ratification of the Agreement. Section 4.Equipment Mechanics Stipend. Each of the equipment division employees who is required to provide a complete set of mechanics tools will receive fifty dollars ($50.00) on or before July 15 of each of the contract years of this Agreement. Section S.Longevity Pay. Permanent employees who have completed the required number of years of continuous service with the City by December 1 shall receive longevity pay on the last pay check in November in accordance with this schedule: YEARS COMPLETED ON DECEMBER 1 AMOUNT 5 years $ 150.00 10 years 250.00 15 years 350.00 20 years 450.00 Employees who terminate will receive a prorata share of the longevity payment reflected in their final check. The proration will be based on the nearest whole month of the year. ARTICLE XXII AUTHORIZED REPRESENTATION, ENTIRE AGREEMENT AND WAIVER All negotiations or bargaining with respect to the terms and con- ditions of this Agreement shall be conducted by authorized represen- tatives of the Union and the City. Agreements reached as a result of such negotiations shall become effective only when signed by the authorized representatives of the parties. This Agreement supersedes and cancels all previous agreements and practices between the Employer and the Union and constitutes the entire Agreement between the parties and concludes collective bargaining for its duration. All parties to this Agreement waive each and every right to negotiate to which they would otherwise be entitled under the laws of the State of Iowa. ARTICLE XXIII GENERAL CONDITIONS Section 1. This agreement shall be construed under the laws of Iowa. Section 2. The City agrees to meet and confer at reasonable times with the Union on mandatory items to the fullest extent required by law and to provide to the Union a copy of the City Personnel Rules and Regulations 27 /a/0 and any amendments as adopted by Council. Comments on rules and the need for revisions in rules and regulations may be discussed by the Labor - Management Committee but any new negotiations on mandatory items or other items will be conducted only by authorized teams in compliance with this complete Agreement. Section 3. The City and the Union agree they will not act to discriminate because of race, creed, color, sex, age, nationality, or political affiliation unless the reason for the discrimination is job- related or otherwise allowed by law. ARTICLE XXIV DURATION OF AGREEMENT This Agreement shall be in effect between July 1, 1980, and June 30, 1981, and shall continue from year to year thereafter unless written notice to change or modify it is served by either party prior to August 15 of the year preceding the expiration date of this Agreement or any extension thereof. ARTICLE XXV SAVINGS CLAUSE Should any Article, Section, or any portion thereof of this Agreement be held unlawful and unenforceable by operation of law or by any tribunal of competent jurisdiction, such decision shall apply only to the specific Article, Section or portion thereof declared null and void in the decision and the remainder of this Agreement shall remain in full force and effect. Neither party shall be required as a result of their Agreement with each other to conduct themselves in a manner which would cause them to neglect their duties under law or to engage in activities in violation of the law. If replacement provisions are deemed necessary by the Union or Management they shall be negotiated immediately. M Ranges 1-13 CITY OF IOWA CITY CLASSIFICATION PLAN PERSONNEL OFFICE JULY 1, 1978 Pay Plan to be adjusted July 1, 1980 reflecting quarterly adjustment. Actual steps to be printed and available by July 15, 1980. Pay Pay Range Range # TITLE # TITLE 1.A Library Aide 8. Sr. Maintenance Worker Electrician 1. Clerk/Typist Mechanic II Maintenance Worker I Buyer Pkg. Enforce. Atten. Electronics Technician Water Meter Reader Library Clerk 9. Lab. Technician Rehab. Finance Spec. 2. Keypunch Operator Sr. Mechanic Account Clerk Sr. Treatment Plant Op. Dupl. Machine Operator Housing Spec. Librarian I 3. Sr. Clerk/Typist Rec. Prog. Sup. II Animal Control Officer Sr. Library Clerk 10. Shop Supervisor Rec. Prog. Sup. I Building Inspector Housing Inspector 4. Bus Driver Police Dispatcher 11. Sr. Engineering Technician Maint. Worker II Broadband Telecom. Spec. Librarian II 5. Library Ass't. 12. Rehabilitation Officer 6. Sr. Account Clerk Sr. Construction Insp. Maint. Worker III Planner/Prog. Anal. I Treatment Plant Op. I Housing Man. Aide 13. Civil Engineer Transit Oper. Ass't. Sr. Librarian Planner/Prog. Anal. II 7. Technical Asst. Mechanic I 29 THE AMERICAN FEDERATION OF STATE, CITY OF IOWA CITY, IOWA COUNTY, AND MUNICIPAL EMPLOYEES, LOCAL #183 7 PRES,P NT BY: , �9 BY/ MAYOR '� 0 ATTEST: CITY CLERK LIBRARY po TEAM MEMBERS BY 30 E 4217 i � I IC ITY CF IOWA CITY CIVIC CENTER 410 E. WASHINGTON ST. IOWA CITY IOWA 52240 - (319) 354.1800 March 17, 1980 Tom Slockett Johnson County Auditor Johnson County Courthouse Iowa City, Iowa 52240 Dear Mr. Slockett: Enclosed please find the following proceedings and materials for certification of the FY81 Budget, July 1, 1980 thru June 30, 1981. 1) one original proof of publication of Notice of Public Hearing of Budget Estimate. 2) two copies of Adopted Budget Certificate of City Taxes 3) two copies of BP -2, Estimated Revenues 4) two copies of BP -3, Estimated Fund Expenditure Summary 5) two copies of Budget Certificate Summary 6) two copies of General Obligation Bond Schedule Sincerely, Abbie Stolfus, CMC City Clerk F 1 L E `D Johnson Co., Iowa MAR 17 1980 41-F-s5lmkoL COUNTY AUDITOR /a, Farm 896 (sh.t 1) nmu...... lu ...on..... ADOPTED BUDGET CERTIFICATE OF CITY TAXES Fiscal Year July 1, 1980 - June 30, 1981 CITY OF CERTIFICATION To: County Auditor and Board of Supervisors of ----- ---- JOHN--S-ON----- ... .. Population ..... 47.,-744-------- At a meeting of the City Council, held after public hearing as required by law, on County, Iowa. .................... M-aah...l 1.....-----.......--....--- , 1980, the proposed Budget for July 1, 1980 -June 30, 1981, was adopted as summarized and attached hereto and tax levies voted on all taxable property of this City. Authorization for write-in or capital improvement levies: Levy Code Election (If Required) Conditions, If Any Citation Held On Month Day Year Relating to Levy — County County County There is attached a General Obligation Bond Schedule Form 703 for the debt service needs. (If any.) There is attached a copy of the detailed city budget as adopted (minimum requirements are Budget Preparation Forms 2 and 3). Telephone /s/--..`��GcZ� --- --- , Clerk Area Code ( --- 319 ------- )-------- 354-1800 Address410_East-Washington_St-.__-_-.Zip 52240 This Section reserved for County Auditor's Use A. Moneys and Credits General Fund Tax Asking (Box 252) $ Less, M St C deduction (Box 051) $ Net General Fund Tax Asking $ Net General Fund Tax Levy (Box 052) $ B. 1007, valuations as of January 1, 1979 Regular (Subject to $8.10 Limit) Agricultural Land (Subject to 3.00375 Limit) GRAND TOTAL DISTRIBUTION OF TOTAL* — County County County ° If located in more than one county, give separate valuation for each county. Valuation for Incremental Financing......... $ ❑ Proof of Publication Filed and compared /sl County Auditor --- -- - --- -- -FILING -- --- -- -- File two copies of the Certification and supporting documents and one copy of the proof of publica- tion or an affidavit of posting with the County Auditor by March 17, 1980. Complete statement on reverse side of this certification. CERTIFICATION APPROVED AND FILED IN i STATE COMPTROLLER'S OFFICE =�-' ------...----...------...---......'.— 1980 By---------------------------------- --------------- -----..- Local Budget Division \ (OV ER) /a l RECORD O UBLIC HEARING AND ADOPTIO] r BUDGET On March 4 1980, the Council of the City of Iowa City met for the purpose of conducting a public hearing on the proposed 1980-81 Budget as published (posted). A quorum was present. Notice of time and place of hearing had been published on February 28 & llarch 3 1980, in the - _.. - -- ---Iowa City-Press.-Ci.ti zen_-. and the affidavit of publication was available to file with the County Auditor. (or) Notice of the time and place of hearing had been posted on __ , 1980, in the following locations: --------------- --- ---------- - ---- - - The budget estimate was considered and taxpayers and citizens heard for and against said estimate as follows: Dave Loney, 200 S. Summit; Tom Immerman, 404_. S. Summit; Richard Connell, 925 Webster; Jim Lenz, 23 Bedford Ct.; Mike Spain, Johnson County Ambulance; - Diane Klaus, 909 Maplewood Lane; Jerry Mumford; John Robinson, AFSCME; Bill Crow, 2709 Friendship; Nancy Draper, 2216 California Avenue; Jim Spratt, 2119 Davis; Jerry Sprague; Gary Saunders; Herman Villhauer; Ron Whitaker; Daphne Fuhrmeisteri Greg Kruse, 624 Brookland Park Dr.; Neil Ritchie_, 732 Manor Dr. - After giving opportunity for all desiring to be heard, the Council adopted the following budget resolution: Resolution No. 80-91 A RESOLUTION ADOPTING THE ANNUAL BUDGET FOR THE FISCAL YEAR ENDING JUNE. 30, 1981. Be It Resolved by the Council of the City of Iowa City Iowa: The annual budget for the fiscal year ending June 30, 1981, as set forth in the Budget Summary Certificate and in the detailed budget in support thereof showing the revenue estimates and appro- priation expenditures and allocations to programs and activities for said fiscal year is adopted, and the clerk is directed to make the filings required by law and to set up his books in accordance with the summary and details as adopted. Passed and approved on March 11 1980, by the following vote: (List names.) Ayes: Balmer, Lynch, Roberts,Nays:__Erdahl, Neuhauser, Perret Vevera ATTEST a Mayor Clerk CrrY OF Iowa City _IOWA CITY BUDGET CERTIFICATE SUMMARY �o July 1, 1980 to Jane 30, 1981 ACTUAL LEVIFS BY COUNTY AUDITOR RESOURCES R E Q U I R E %I E% T S FUNDS P R O G R A M E X P E NO I T U R E A P P R O P R I A T 10 N Tax Rae in Doll n FYE 6.70-80 Property Tss in Dollars FYE 63480 Total Beginning Cash Balance T-140 Non -Property Tu income FYE 630.81 Suu Shared Re .c FYE 63031 Property T. Asking FYE 610-01 Las. Fwd Balarcc (Ree,.-) :-131 tics Raour[a for Ea,cnditures FYE 63041 Communuv Protection 10 Horton Dcyclotm,cn, X10.+0 Home L Communnv Eimiron,nent -10-60-70 Policy and Admrnr„rvion g0 (A) (B) IQ + (D) (E) i' IFI — IGl = IHI = (11 (Jt (A) IL) N L C Dcduaions MI LN. Profu L Municipal Assistant[ i Road Use Taa•• H4 826 439 30' No -,Torah s 4 , 327 , 41 6o ApPTOPna,ron 01—GENERAL: Within S8.10/100) limit Police Fnc Traffic Ambulance Siren Lig. Esc. Health L,bnry Band S. Pool PlarFround Parka Etc. Usilures Ccmctm' 9rms Aire Palling Slner Bldg. S3(nr Etc. • Ton Liabilbr City Council City Hall Admin. Clerk Legal Eo' M., S 052 rol s oD 353 5,783 AR Land Le.•y ro, S 06 ae 110,544 of the Total of Thi, Column 1-77511• Rcvr �cd and r, Ua,ailabk for Gcncral Op ,w.c 1. Tort Liability 005 S oe5 355 E lery J6 S o56 lw lew -y- S 047 m in = levy 00 056 Lte levy 019 339 O ler_v XXXXXXXXXXXXXXXXXX Dol 392 567 1604 475 120 210 605,393t 264,942 )10l .416,465 ,- 9�999_,3�1-__ 161 Jo TA1. uEIE.Al rho810.28P 510 1 51Eq3L v 61a n oil S 061 XXXXXXXX XXXXXXXX XXXXXXXX 361 XXXXXXXX 01—ESIERGENCY 0G—ROAD USE TAX 07—FEDERAL REV. SHARING as—OTHER FEDERAL MONIES 10—DEBT SERVICE IG.O.1 20—TRUST AND AGENCY: Cap S6,—F.LCA..I.P.E.RS. Pcn. F Pobtq r�Cinen s Com an<r: B1pf1 _ -10—CAPIT-1 DIP 'SI ESERY� '0—UTILITIES: Haln S-cr Elwri, a61 511 561 611 015 S pis It3 21 780 1d 3t31 408 448 315 21,780 763 1. 408,40 163 590,4) .6: 513 Ha 6D 61" 1D 13 561 161 604,000 lU a63 6N 561 414,34q w D+ 16, 1u SN Its 293 861 165 341 886 3651,500 11, 44 550 16s 1 , 504.12 ass 65SO4 -123 611 s 067 116 41 82 1" 1 48-0,978 )16 (10,018 366 472,92 +66 47,731 516 ilgigiA566 221 792 616qj '185 I1- 14.018 16; 16; 396 )1; 10,018 16, 3� •61 530,081 516 18 148 566 544 616 019 s 069 ug 16. 166 1 316 )" 121 ,2Q .66 12,041 1iv l 450 169 369 )1vl 450,696 165 216 ew $19 619 101,475 . 13D 847,645 1, 1w 935,378 „p 2,0_4 •M 530 !-2 na,4,765 6� 31 621,769 ;11 )'t.275_ 1" 3;1 l� ,=1_ 113 ,71 1.I ,118 631 1•, 1T` 972 51' _-- 6^ GI 173 ,4 10 473 113 1-3 623 1`1 lla 1'a 1Ja a;+ 1y 61 s 51 213 306 3.5 839,927 195 1,563,49 55—ENTERPRISES: PakmgSvcm Aopon Sy,tem sold w.,ic sy,I. fl,npnal Sy,icm Syacot 615 ,36 gg _• ra 176 126,744 336 81,661 116 119,744 .m 6 119.74_ 1^245 393 m 787,397 327 197,709 r 815_,98] 1-6 13 116 3'6 �- 5� u9 119 lv 3N. 51n Ilo 160 �e )w 5- 434.2596>0 IL 161 111 1x1 __ _ 6.l 5ll Sel 611 775, 173 JIl 1,42 7 7_,00 )61 -5ppr•ial Rev--II,-y)!•f1A_ �6= au 5]J SJJ Sa�, aU 63_ 6JJ U) le) H+ IM 33a � city 1x, aN 1N SN 6u 035 s Ra. 065 1355 465 680 1612 939 7 0-13,804-1 449�6]� 3155,569,881_ Ja522,29g,2q. 64 4 TOTALS 1980.81 FY _ as3 400 41 Sn ,647 278 - , > 13,4,009,378 on s A, 066 a8 578 4- 611 - FAr, 2,076,582 253 47 16 )u6 465.68 ^arta /Fsimarca Iv 9 ao FY —3,040,514 5 6 5 307 344 32 , 771 316 6w 2 11-3- 1125,425,806-> :�, , 0 1~8 O51 )x22 447 .4371 Actual 193,1-T9 FY —3,187,002 15311 , 851 .010 114 ,174 , 571 6113 .234 , 854 la.•Ufllrlrl l'urm uu.+ol PAGE 1 OF 2 rnw,mnw U"unnpl, un GENERAL OBLIGATION BOND SCHEDULE ,lrr' i. I,ecnl Covernmenl Name: C1 tY...4f...LoWa...Ci tY............................................................................... CuInl,Jor l'unr evy IlOsulullon L11) Duo F (Fell) S (Spring) PRINCIPAL _ Interest Duo Other ExpOnse REQUIREM ENT3 Current ExpcnJiluro En�ulnl; Rciorv0 Oulst.'uIj X tCl tCl Due Project Bridc3e Bond Amon aXXXxXX XN79 25,00- S-80 80 Project A Voted Sold 12 1/59 or 9 2 �. ---40-_r -I $25,425 Voted Sold /1161 Certified '11 61 204.00 136.00 4,340 136.00 6f. 00 - 4,204 �I Pro'Jecl Brid a on Amount-$ 650 000 Voted Sold 11/1/68 Certlfled .11/4/68 r , I X\X_\_XXX. 1_q0- 1001000 100,000 _2L000 --- ___--_ 102,000 1$189,775 S•80 ----- S-80 2 2 h-80 F-80 -100, 000 _ -6,.300 _-_ --- ----_ ' ' 8-81 ---- 8•81 4,306 x XXXxXXX.' 181 781 - --- -- F-81 xxxxxxxx XXXXXXXX §•02 ________-_-__-____ XXXXXXXX -_ XiCi(StXXXX Prnjeel Bridge BOil Amount-$ � ,9QQ Voted XxXx.' I- - I ) I XXX\XX\.� Sold In/1/71 Certified 9/28/71 1� •70 — 400, 000 - __ 100 • QQQ__ .-8 , 390 u__ ___--_ 600 1$189,775 S -HO ----- S-80 2 2 h-80 300-, 000 - -100, 000 _ -6,.300 _-_ --- ----_ ' ' 8-81 ---- 8•81 4,306 x 110 600 1'.81XXXX 781 200,000100,000__, ---_ F-81 _... - XXX XXXX XXXXXXXX -_ XiCi(StXXXX 100,000- ---- _,_,•4,300 2,150 -_..._.__.....__ 106,450 _X}CX UXX Project Street Ininmvement Amount -$1,3501000 Voted Sold 11/1/68 Certlfled11/4 68 I 1 I \XXXXXX_ F_T4-_ 450,000 __175,000__, -9 137,50. - - 5,637.50 \XXXxaX 150,000_ 0 000 ---_.r. 50 000 — 125 - —3, -- 3,125 ------._ -•—__--_ — $56,250 1$189,775 5.81 ----- S-80 2 2 50,000 54,250 F-80275,000 275,000 5,637.50 - --- ----_ 280,637.5 ---- 8•81 --- x ' 1'.81XXXX 50.000 1L062.50. ---_ F-81 XXX XXXXMX -- XXXXXXXX -_ XiCi(StXXXX 3.82 150,000 Project Street Amount -$285.000 Voted Sold 8 76 Certlfled 8/6/76 XXS�XXX yx\XX - X 150,000_ 0 000 ---_.r. 50 000 — 125 - —3, -- 3,125 ------._ -•—__--_ — $56,250 492.390. 5.81 ----- S-80 2 2 50,000 54,250 0 F•eo 1'•81 50 000 1,062.5 0 52 125 x -82_ 50,000 50.000 1L062.50. 2541000 _ F-81 I rnjerl rintount--$ voted Sold Cortiflod \XXX\xRX v.gij - 1,137,000 --- ------------- - 492.390. - ----- S-80 733,000 50,000 F_80 F•eo 379,000 449 691. 0 S•61 304000 50 000 6 493.00 `- -XXkKNXXX F•81 2541000 _ F-81 5,430.50_ 1212.50_ . 16-2-16-43- XXXXXXXX -_ XiCi(StXXXX 3.82 150,000 x x_ _ Summary of All Issues SUBTOTAL FOR THIS PAGE XXXXXXXX F•79 1,137,000 404,000 23,191.-50- 15 198.50 492.390. 0 S-80 733,000 50,000 F_80 683,000 379,000 449 691. 0 S•61 304000 50 000 6 493.00 `- -XXkKNXXX F•81 2541000 _ 0 4 .000 _ 000 5,430.50_ 1212.50_ __--_--_ - . 16-2-16-43- XXXXXXXX -_ XiCi(StXXXX 3.82 150,000 ItoenlutIcn 9?' „„I Lo (110,1 with county auditor before April 1, 1980. /CJS( �,. PAGE 2 Of 2 • � lo«, 011ld.l Form 1611.101 . ' GENERAL OBLIGATION BOND SCHEDULE Local Government Name ty ................Ci..of Iowa City-.................::.................................................................._ ................. Cnlnndar yIsr Due PRINCIPAL REQUIREM EN_T_8 l.cry F (Full) _—__ InlerceL Other Current Enrulnc ]laeolulloo 5 (5p"n1r) Outetandlnl( Duo1• Duo Expunao F.:pendlturo Rowrvo Proicet Street _— -Amounts 815,999 led --Sold q/_1/� Cortlflr ed`8Z8177 Project 812,50 Voted Sold 11 10 Ortitic tl 162 ` 731..254A7 50 16,218-M — 1,,, 487.50 ono 7r 1F 711 9F , I'rojn t SeCo ntestVoted X XX Sold 101.14M Certified �XXX: -""-- -- F•70_-- 300L000_ IOQ,_49Q_ -�Z,2.60_..__-- 4,850 - -- S 8j) --- $•80 200,000 53 862.50 51,512.50 148,00-0 Ie BO -- -- 100, 000-- .._..41850 •--- ------- - _. - -- - XXX g-aj — 100 000 ----..-- 2,450 S-81 F-81 107,300 114,I5.9 F•81 ,7,96,- 1001000 _ 2,h50 - ______._ ..._ XXXXXXXX XX\XX ... _. _._._---------. 102450_ XXXXXXXX S -P2 -_-0=.__-- --.----_.-_--.-_._.. inject Wa T Amount-$ 9pQ D00 Voted -NXSXXXX. NNXXXXz Sold ton p71 Certified 19/71 4.79— _5Z5.,Il00---._75,000_-. 2 250,000 .---11_,BZ5_._. --.--------- S207.725 203,025 S 8j) �OD,DO 2 250 000 -1"TtO r00- Z5— 53 862.50 51,512.50 148,00-0 S-81 — 1 •t4U 100,000 -]D9.,000.__ -]0,375_ 81375XXXX _. - -- - XXX S•81 40 ----..-- 300 _000 S-81 F-81 6,375 114,I5.9 --\ �X\X ,7,96,- --------------- .-\� -- _._ ..._ —_XX7Z-X}CXXX _ ,.. Ctrnnt R Snwar Amount—S5.500.000 Voted Sold 5/1/79 Certified 5/79 ,.. - NXXXXXX 134.------5,500y000- 2 250,000 ------ . --LZ21.665--- S207.725 203,025 ---_ F-80 2 250 000 -1"TtO r00- 5,500,000 53 862.50 51,512.50 148,00-0 S-81 — 320,665 100,000 51,512.50 F•60 5,500,00 - 148,000 _---___•. 206.00n --- XXXXXXX XXX . S-81 F-81 5,5002000 148.000 —148,000 --\ �X\X ,7,96,- XXXXXXXX .-\� -- -�� 5001000 148,,000 _ 1'rnjecl & $ Amount-$ 50 Voted Sold 9/1 ortlfled q/7q XXXX XXX\ Street- X\X ewer F•70_ 2 250,000 _ -- 53',862,50 — — S207.725 203,025 ---_ F-80 2 250 000 -1"TtO r00- 100 000 53 862.50 51,512.50 11,763 000 S-81 — 2_86,236,99 100,000 51,512.50 F-812, ObOXT F.81 50 2 7 X XXX . -9-B2 -- — 150 00 -48,887. 46'887_5 ---- XAY � �� I'1•njccl Amnnnt-A Voted Sold Certified X\ X X X X X X - F-7 U.--- S -8U_ 1U�7QL -54L999.-..339,487,7.5.-- _ ---- - - ---- — 11,763 000 _ 594,000 2_86,236,99 ------- — xfx X F.81 XX XXXXX XXXXXXXX $-- -�---___--- 266,094-:_25 1.52,.187.50 —_.-- -- 1 -844,286 xx XXXX nr nnru oecrc -X\XXXXXX r•7U_ 1U�7QL -54L999.-..339,487,7.5.-- - S-80 12 1 11,763 000 _ 594,000 2_86,236,99 — S-81 _11 169 000 350.0008 XX XXXXX {--XXXXXXXX F•81 10,819,000 5-82 10,5OQ_,Q4 3I9,0Q4- 266,094-:_25 1.52,.187.50 - 1 -844,286 5x.xxx LXXX 1.DD0- most be filed with county auditor before April 1, 1080. 11.1 1 • 1 /4S t,. t. •, .. ...I. u, b.. .. �,��.........., ,. nnnh ,n•ninrt ',> =-C ESTIMATED FUND EXPENDITURE SUMMARY City of FYE 6-30-81 Instructions: List by Activity - Starting Lowest Activity Code and by Fund Page 1 ISP -3 ` 25 I 26 27Dc,lop., �, p p 21 22 23 I z� ProSramHome i Cmm�+�niY Enwmmmt Progam -Cmmunity 2aA Zee 7aC 20A -F_ 29A 796 29C 29ATo rAd,i�hnm-i.- { [ ; r c n_ n Pretmion Program� L.4�.,c a4ntal L 2BB }EcmicTrervpons- p® } LL e Physical uTme , , ZaC Haahh i Cuhure Opportuni {[Tdal Sub -Program Su6Pregram Sbprogram Program Emriroru„ent Well -Bring Yon 29C Subprogram Subprogram Subprogram Program6 Tm.1 TwJ 01 I 30,000 49,858 78,283 187,815 24,425 56,700 217,815 74,283 134,983 7A 9Rq 13 112 01 113 01 121 01 90,094 20,300 110,394 gg 110,394 122 Ol 81,500 47,377 128,877 A 128 877 123 01 19,379 5,386 24,765 24,765 131 I01 70,922 17,923 333,049 421,894 421 894 132 01 95,008 69,600 580 165,188 165 188 133 01 175,707 41,404 175 117,286 I 117,286 134 101 154,307 49,165 240 203,712 I li 203,712 X01 294,734140W,859 h 294,734 _135 01 30,921 73,982 195,903 _ 190 01 30,900 14,100 59,192- 211 01 46,607 12,585 212 01 54,679 7,925 62,604 213 01 30,209 10,650 40,859 220 01 238,535 32,513 3,145 274,193 274,193 230 01 44,393 9,705 - 54,098 54,098 250 01 22,677 7,715 1,250 31,642 31,642 311 01 79,473 21,056 100,529 100,529 312 01 802,476 135,821 66,500 1,004,797 ,004,797 313 01 125 842 27,790 153,632 153,632 y�u rum wa F sn ESTIMATED FUND EXPENDITURE SUMMARY City of FYE 6-30-81 Instructions: List by Activity - Starting Lowest Activity Code and by Fund Page 2 oo. of S BPA 28 PI 29 B 30 21 22 23 I 2A I 25 26 i 27 II H..mm Dc haPmcm Program Hone 6 Commvn:ry Environment Program E 29A 29T�j - o - - ee . u Com.a„niry 28A 288 28C 28A } 229A + Palic/ erd r/ w r U ,+, ag _ _ u = n -.n V Protection Program Mcnul E '.h. 288 + Phriical Eca.oPort. 298 t Ad minhtration Program 9r E2 i,j y p Phy+icaI Ed.,;.. Time Heelrh b CIwre ppponvnities 28C Emira.rRnt Well-Bn 29C ' oQ Taal S„b.Pro9r+m Svb-Progam Sub -Program Program SabProSp+m S,sSProogrem . Program Taal o i Told 314 01 176,86621,616 1 270 138 652 1382752 315 01 22,500 32 146 910 917 24 356 10,500 56,327 2 840 8,350 22,500 42,646 975,594 27,196 22 500 42 646 975 594 27 196 321 07 01 322 323 01 324 01 1 595 1,595 1 595 II 330 01 01 01 58 881 39,981 95,139 54,401 151 007 18 123 10 334 22 620 24 761 268 936 1,200 292 51579 21,930 78,204 50 607 117,759 677 441 873 78,204 50 607 117 759 79,677 441 873 341 3421 3431 01 Ol 410! _ I 1 277 651 420 Ol 734,638 512 013 25 000 271 651 1 185 309 430 01 330,059 444,0-2-2- 411,228 1,185,309 146 822 520 07 a0 201 47,857 18-176-4 146,822 610 O1 337,171 125,683 6,055 468,909 468 909 6201 01 214,429 98,487 33,084 346,000 346 000 630 F01 442 892 92 810 73 800 609,502 609 502 650 01 45 197 3 440 48,637 48.637 670 Ol 24 131 19 157 580 43,868 43,868 TOT O1 966 682 935 692 1 097 007 3,999,381 ?,810,288 516,916 3,568,243 2,103,934 410E r 510 02 02 6101 02 7107 02 720 02 TOTAL 02 4861 �o 1<1 Page 3 of 5 m e FYE 6-30-81 ESTIMATED FUND EXPENDITURE SUMMARY City o4 Instructions: Lowest Activity Code and by Fund BPa List by Activity — Starting 29 30 21 I 32 I 23 I 2! 25 I 26 2 23 i I Human Davetopr.+eru Program H°me L Convmrn'rry Emironmem Program I `o I 289 22C 28A 29A 29H 29C 29A POS 5-9 _ — Y Comrrwniryr2BA Prnec*ion 286 I 299 Administra,ion 3 V o -_ _ n Progrwn EducaYron re9O l tin 29CoOell-eing '��ram Subprogram subprogram Program Subprogram Subprogram I sub -Program Tord Tad ` I 4,204 I I 4 204 4,204 220! 02 I 110 60 _ 2401 02 110 600 110,600 1 280 638 410E r 510 02 02 6101 02 7107 02 720 02 TOTAL 02 4861 03 1 1 1 2 30,000 20.153 13,475 88,000 24,000 F� Cn- ESTIMATEDFUND EXPENDITURE SUMMARY City of FYE 6-30-81 Instructions: List by Activity — Starting Lowest Activity Code and by Fund Page 4 yy64Z of 5 8Pa 21 1 25 26 77 ze 29 , 30 1 21 1 22 23 1 E I Human Development Program Home S Communhy Emironmem Program S C« unity 28A 286 28C 28A 29A 298 29C 29A Puliq ar.tim SO u=^ PProgram Menial b Leisure 288 + 298 physiul Ecorwrvc Tren,pona- '1' Admin Program E - I ; n W v i p Phyaic.l Education Time Health b Cultare oppo Uw ie, 28C Environment Wellbeing tion 29C oC I Total Sub -Program Subprogram S,rb-Progr.m P,.g,. . S.!1Program Snb-P,.W,m A,b�Prog. Program To al o Taal 1 I 96 16 898 03 6 1 6 I 1 115 TOT L 03 1 216 788 1 216 788 1 22 82 110 04 260 792 177 660 782 377 1 220 829 342 665 130 04 342,665 342,665 210! 04 334 371 237 512 445,111 1,016,994 1 016 994 i 230 1 04 101,825 17 p 3101 04 422 676 503 988 836,053 1,762,717 I 1 762 281,048 330' 04 281,048 281,048 400 822 4101 04 168,791 164,481 67 550 400,822 434 259 510 04 118,171 97,962 218,126 434 259 119 744 610 04 26,279 88,065 5,400 119 744 I 5.680,903 TOTAL 04 1,331,080 1,269,668 3 080 155 5 680 903 I 4,000 534,081 534,081 110 05 530 081 120 05 472 922 117,205 590 127 55,772 130,362 280,237 123,756 TOTA 05 1,003 003 121 205 1,12-4 208 589,853 130,362 280,237 123,756 ESTIMATED FUND EXPENDITURE SUMMARY City of FYE 6-30-81 Instructions: _. b.. e,,:..:,.. — Ga Winn I rawest Activity Code and by Fund Page 5 of 5 EP -3 27 Cmy P'., a: Program Human Dcrelop...en, 28 Program 8A + 288 28C Program Tw.l Hann, L Comm9nir'/ 29 Fmeonn+ent Prov 1 2A + 29a + 29C Program Ta.l m Po md Admin? *r.,fon Program 123 I I 21 I 22 2a 25 I 26 Total >>. t :> s 9 , O W o i . e="' u 28A Mem.l b P al � Irh Sub -p o ,.m 288 Edwti n b Cvlwre Sb-Pregr.m 2C teeur. lime OpPwtvnn:ea Subr rogram 29A P ,ul I'T• Enwino m SubPregr.m 29 Es .,mc We148eing Subprogram T,p pon fon Sub -Program 775 000 176-0901 100 08 91 852 164 679 518 46 200 08 1,408,448 1,408,448 400 08 590,439 590,439 2,773,887 2 7 7 176,090a TOTAII 08 91,852 164,679 2,517,356 2 I .I TOTAQ 392 617 4 491 244 I 415 42 _ re.m 4714 ESTIMATED REVENUES City of Instructions: Cmmnlete by Fund and Source FYE 6-30-81 Page 1 of 11 BD -2 `15 16 I 17 16 19 I 19A I 20 20A 11 I 12 13 It I f c o - _ 'o a„ o — O � o - 'o Y Desc.f ;« a' Econo.n;c rL atK. I+suvremen, last Year FYE 6-30-79 Actual Current Year FYE tt3p.gp Actual and Estimated Budget Year FYE 6"3081 Estimated Estimated 1st Quarter Revenues Beg. 7-1-81 _ _ - Estimate for FYE 630-82 Cofirmmee>� m Fellow�ng K Police & .Administration O7 3100 Pronertv Tax L 3115,992 11,3136,957 672,329 130 139 01 01 4100 4200 Licenses & Permits Fines & Forfeitures 72,908 247,959 73,635 162,000 76,000 197,400 130 130 01 4300 Char3es `or Services 6,001 4,200 4,800 01 4400 m Intraooverental Revenue 55710,811 54^,0^0 555,393 i 130 to -- 130 01 4500 Use of Honey !..-Property 63,720. n.,1,099 70,000 130 01 4600 Miscellaneous Revenue 51,450 5,900 53,500 130 01 5100 Transfers In 693,670 483,031 595,035 TOTAL POLICY & ADMINISTRATION 2 012,515 2 703 723 334 457 HOME & COMMUMITY ENVIRONMENT Program nevelopment 210 210 210 01 01 01 31 4300- 4600 r axes Char es for Services Miscellaneous isi,n85 4,830 37 116,n 8 250 - _ 12,500 SUBTOTAL 185,952F?07 4,893 127,481 ENGINEERING 220 01 3100 Property Taxes 155,771 487 245 955 4100 licenses & Remits 8,5993 500 8,880 220 T O1 U 1220 01 4300 4600 Charges for Services Miscellaneous Revenue I 413 306 400 200 400 500 1 e u F- En A ESTIMATED REVENUES City of Instructions: Complete by Fund and Source FYE 6-30-81 Pas- 2 of 11 6P-2 it 12 13 It I 15 I 16 17 is 19 79A I 20 I 20A ` po p � I u e .°n v� De aipli Ecore is a ocher moor,,,,,, r, Lasit YearCurrent FYE 630.79 Actual Year FYE 6•� Actual and Estimated Budgeta FYE 63tY87 Estimated Estimated 1st Quarter Revenues Beg. 7-1-81 Estimate for FYE 630-8? E`"rt1tOS Fdlw+r+y R 220 1 01 5100 Transfers In 4.000 ----- --- SUBTOTAL 169,089 211,587 255,735 I _ { Public Works Administration 230 01 3100 Property Taxes --- 31,045 33,383 230 23 01 4600 Miscellaneous Revenue SUBTOT 2 21- 271 --- r;2 A7q - --- 54.098 i Central Business District Maintena ce 240 , 01 3100 Property Taxes 12,848 29,933 26,726 SUBTOTAL 848 29 933 26.726 i Energy Conservation ---- 7,735 --- SUBTOTAL 7,735 TOTAL HOME h COMMUNITY ENVIRONMENT 389;160 426,527 4641040 COMMUNITY PROTECTION Police Protection 310 01 3100 Property Taxes 1,150,204 :1,026,302 1,306,838 310 O1 4300 Charges for Services 5,719 4,840. 8,250 V 310 O1 4600 Miscellaneous Revenue 5,627 53?0 18,350 M M F 611-0 ESTIMATED REVENUES city of Instructions: FYE 6.30-81 Page 3 of 11 BP -2 la I 75 116 17 I 19 19 19A I 20 I 20A 11 I 12 73 I Deso;p+;onLast E.c;c & o,h.r .m Meu�r.mcm ��^v^Ortt1 Year FYE 630-79 Actual curtent Year FYE 63680. Actual and Fstirrmted Budget Year FYE 630-81 Estimated Estimated 1st Quarter Revenues Be 7 1$1 g• Estimale for FYE 630-62 61ima+ea %oll . i"g FY V — = 'o c A o — 'o a -5 v 0 0 ' .� u u r m 55,500 Transfprq To SUBTOTAL- 1 16 Fire Protection Property Taxes Charges for Services MiscellaneousR ven Transfers � SUBTOTAL 723 434 217,480 250 965,784 651 671 235,000 --- 888,071 784 561 250,000 300 --- 1,034,861 320 O1 3100 320 O1 4300 01 4600 20 320 01 5100 f Animal Control 01 3100 O1 4100 Pro ert Taxes Licenses_& Permits 6,625 6,000 11,500 330 330 01 4300 I 01 4600 I O1 5100 Char es for Services Miscellaneous Services Transfers SUBTOTAL 7 975 3,339 --- 29 451 7 800 2,000 205 9 850 --- 80,398 330 330 330 jHousing Ol 3100 & Inspection Services Property Taxes 41,915 --- 95,503 340 340 01 4100 340 01 430 340 1, Ol 4600 Licenses & Permits a s for Ser ices Miscellaneous Revenue SUBTOTAL 113,643 1,289 359 157,206 134,000 1,400 - 630 136,030 133,600 --- --- 229,103 - S F, 631 A ESTIM-ATED REVENUES City of Instructions: r,......l e,o I- F..nrl anri Source FYE 6-30-81 Page 4 of 11 ap-z It I 15 16 17 18 I 19 I 19A 2e I 20A 11 I 12 13 I c - i C n,o, A o - O c o „ t m De,cr'pion rk� s aix. Nm.,vremenr Co.n�nr, Last Year FYE 63079 Actual Current Year FYE 63080 Actual and Estimated Budget Year FYE 630-81 Estimated Estimated tst Quarter Revenues Beg. 7-1-81 _ = Estimate for FYE 63082 commm,. o. li+imares Following FY TOTAL COMMUNITY PROTECTION 2,313,991 2,191,278 2 677 800 TRANSPORTATION Traffic Control 01 3100 Property Taxes --- --- 165,577 410 01 01 4300 4600 Char es for Services Miscellaneous Revenue 2,916 2,535 11800 1,150 3,000 1,600 410 410 410 O1 5100 Transfers In SUBTOTAL 386,099 391,550 383,887 386,837 268,746 438,923 I I Mass Transportation 420 01 3100 Property Taxes 244,097 --- 1,560 420 01 4300 Charges for Services 393,058 382,500 619,000 - 420 01 4400 Intragovernmental Revenue 85,336 344,125 359,750 420 01 4600 Miscellaneous Revenue 6,573 3,800 12,000 420 01 5100 Transfers In 213,285 309,440 277,824 SUBTOTAL 942,349 1,039,865 1,270,134 s Street Maintenance 430 01 3100 Property Taxes 100,000 --- 55,000 430 01 4300 Charges for Services 3,203 3,250 3,000 430 01 4400 Intragovernmental Revenue 208 --- --- 430 01 4600 Miscellaneous Revenue 19-440 2 22c; 5nn F, N14 ESTIMATED REVENUES City of Instructions: Complete by Fund and Source FYE 6-30-81 Page 5 of 11 BP -2 17 1 12 I 13 14 15 I 16 I 17 I 18 I 19 19A I 20 I 20A i a I _ - —coo - o u - o w uo D--ip,ian Ecwwm�r a O'b" C�r^^'•^'F Last Year FYE &3079 Actual Current Year FYE 630 Actual and Estimated Budget Year FYE 630-81 Estimated Estimated 1st Quarter Revenues Beg. 7-1-81 _ _ Estimate for FYE 630-82 ra`" Fci7o�:� A 9 430 ; O1 15100 Transfers In 822,040 1,173,666 I — SUBTOTAL I — TOTAL TRANSPORTATION 2,278,790 2,605,843 2,907 259 PHYSICAL ENVIRONMENT I Cemetery 520 Ol 3100 Pro rYPR119,649 117,086 520 i O1 4100 Licenses & Permits 520 01 4300 Charges for Services 190 --- 150 520 01 4600 Miscellaneous Revenue 6,400 4,150 7,150 520 j i O1 51 ra SUBTOTAL 6,407 3,500 --- i — Recycling 530 01 3100 Property Taxes 12,221 22,933--- 530 O1_ 4300 Char es for Services --- --- 530 O1 4600 Miscellaneous Revenue --- --- 530 O1 5100 Transfers n --- --- SUBTOTAL 14,075 40,133 --- TOTAL PHYSICAL ENVIRONMENT 138,341 176,932 :131,386 I O Fe.. 631.1 ESTIMATED REVENUES City of Inslr ctions: V,v F.nd and Source FYE 6-30-81 Page 6 Cf 1' • e 1• I 15 I 16 17 la I 19 19A I 20 I TA 11 , 13 13 • oc.c:c,w•• Ecuw.rw< a orl.er AYuvremem Last Year �A�If1a6i� Current Year FYE 6-30-W Actual an0EI8-3681 Estimated Budget Yeaf mated I Estimated 1st Quanef Revenues Beg. 7-1-81 Estimate la FYE 630-82 Bi®s.e, - o i ri o O � HUMAN DEVELOPMENT 610M 1 610O1 31001 Property Taxes O1 4300 Charges for Services evenue rom use of Money & Proper 652,663- 93,353 9,606 672,600 85 085 17,550 681,549 115,440 9,870 610 O1 4600 Miscellaneous Revenue 128 6,650 1 81910 610 610 01 1 5100 Transfers In --- 12 930 --- SUBTOTAL 768,498 794 8-15 815,769 Ol 1 3100 Property Taxes 01 4200 Fines & Forfeitures 319 339 11,996 -389 024 12,000 538 685 I 18,000 630 630 ; '01 4300 Charges for Services 01 4600 Miscellaneous Revenue 50,251 2,644 51,980 2;025 58,915 2,200 — 630 630 1 01 5100 ITransfers In 64,758 86,173 --- 630 SUBTOTAL 448,988 541,202 617,800 1 Senior Center 01 13100 Property Taxes --- 1 --- 40,550 T 1 1 670 670 01 4400 Intragovernmental-Revenue --- --- 2,818 1 670 Ol 14600 Miscellaneous Revenue --- --- 500 1 1 670 1 01 15100 Transfers In SUBTOTAL --- --- 45,560 45,560 --- 43,868 TOTAL HUMAN DEVELOPMENT 1 1,217,4861 1,381,577 1,477,437 1 1 F- 01-6 ESTIMATED REVENUES Gty of instructions: Complete by Fund and Source FYE 630-81 Page 7 of 11 11 13 to I IS 16 I 17 18 I 1920 za ✓ - =o : a .: a O � ' V_� 2r a " Last Year FYE Fa30.79 Actual Current Year FYE 6�A Actual and Estimated Budget Year FYE rr�p-Bt Estirna:ed FStirnaied ist Quarter Revenu$ Beg- _. _ E3tlmate for FYE 6.30-a2Fd1eW:.9 c'^'^""' < b'^^"" F 1 190 01 4600 I CONTINGENCY 1 --- 251,938 30,900 1 1 TOTAL GENERAL FUND 8,350,283 9,737,818 10,023,279 1 1 1 DEBT SERVICE FUND 1 1 000 02 3100 Property Taxes 1,143,887 952,851 1,500,648 000 02 14500 (Revenue from Use of Money & Propertt 3,654 --- --- 000 02 14600 IMiscellaneous Revenue 10,116 --- --- 000 02 5100 Transfers In 253.588 329,328 341,886 1 TOTAL DEBT SERVICE FUND 1,411,245 1,282,179 1,842,534 1 CAPITAL PROJECTS FUNDS 1 1 000 0314400 Intragovernmental Revenue 416,031 7,897,172 1 4,8001 1 000 03 4500 lRevenue from Use of Money & Propert) 295,598 270,000 --- 000 03 4600 Miscellaneous Revenue 2,063,691 2,636-1924 980,153 000 03 5100 Transfers In 932,794 2,559,629 231,835 TOTAL CAPITAL PROJECTS FUNDS 13,708,114 13,363,725 1,216 788 1 ENTERPRISE FUDNS 1 Parking Revenue m 1 100 04 4200 Fines & Forfeitures 64,5351 110,000 122,500 1 100 j 04 4300 Charges for Services 1 3801 --- --- 100 04 4500 Revenue from Use of Money & Propert 464,270 680,566 686,300 1 1 1 i F. CIA ESTIMATED REVENUES City of Instructions: Fvnd and Source FYE fr30-87 1 11 112 I 13 fa I is I 16 17 1 18 19 19A I 20 I MA ' 2 e 6 E�ww.rK s o,h.. ce.,".,,,� Last ast Year FYE 63479 Actual current Year Actual Estimated Budget Year I FYE la7A-81 Estimated Estimated tst Uuaner Fe9ensxe Beg. 7-1-61 _ _ Estimate for FYE 630-62 Fdler:.,p F 1 100 100 04 14600 04 5100 Miscellaneous Revenue Transfers In 1 972,504 --- 94,205 1,840 402,666 1 _ SUBTOTAL 11,501,689 1 884,771 1,213,306 Sewer Revenue 1 1 1 200 04 4300 Charges for Services 1 875,802 887,150 926,900 Revenue from Use of Money & Propertb 58,751 46,700 51,500 1 M,24500 4600 Miscellaneous Revenue SUBTOTAL 28 216 208,879 1,171,648 6,100 170,786 .1;110,736 6,100 137,825 1,122,325 Water Revenue 300 1'04 4300 Charges for Services 11,387,180 1,429,700 1,605,700 1 300 300 04 1 04 4500 4600 Revenue from Use of Money & Propert Miscellaneous Revenue 1 52,361 1 74,888 61;000 72,250 100,000 76,250 +_ 300 04 5100 Transfers In 373,629 401,662 349,548 SUBTOTAL 11,888,058 1,964,612 2,131,498 1 , Refuse Collection Revenue 1 1 400 04 4300 Charges for Services 1 47,085 240,000 240,000 400 04 4500 Revenue from Use of Money & Propert 1,5 35 --- --- 1 400 04 4600 Miscellaneous Revenue 1 3,145 --- --- 1 400 04 5100 Transfers In 345,254 141,129 160,697 1 SUBTOTAL 1 397,019 381,129 400,697 J - Fe.,• u, a ESTIMATED REVENUES city of Instructions: Complete by Fund and Source FYE 6-30.81 Page 9 of 11 BF -2 11 I 72 13 I It I 15 I 16 17 I le 19 I 19A I 20 20A 1 5 P* EW �„`, Q`h" Last Year FYE &30-79 current Year FYE 630-80 Budget Year FYE 630-81 Estirnated 1st Quarter _ _ EstirnatB for dO^"'x-1 °° Eoi° TM Fell°w nq FY • ay 5 B ° ° Actual Actual and Estimated Revenues FYE &30-82 oo u uo Comrmr.r, Estimated Beg. 7-1-81 ' 6 0 I ; Landfill Revenue 500 04 4100 Licenses & Permits 4 --- 500 ; 04 4300 Charges for Services 320,440 341,700 341,700 ly 500 04 4500 Revenue from Use of Money & Proper 865 4,000 5,000 500 04 4600 Miscellaneous Revenue 20,101 --- --- .7± 500 04 5100 1 Transfers In 40,000 40,000 40,000 SUBTOTAL 381,410 385,700 386,700 ' Airport Revenue 45 0Revenue from Use of Money & PrODertv 25,748 26,502 7,000 600 04 4600 Miscellaneous Revenue 25,674 20,800 43,552 600 04 5100 Transfers In --- 17,318 76,192 fSUBTOTAL 51.4221 64,620 126,744 I TOTAL ENTERPRISE FUNDS 5,391,2461 4,791,568 5,381,270 i TRUST & AGENCY 1 1 Property a es 48-2-13-5-2- 596,327 1,006,264 1 0 Charges for Services 51,403 40,000 75,000 100 !05300 4400 Intra overnmental Revenue 120,008 --- 50,000 100 4500 Revenue from Use of Money & Proper 14,214 --- 10,000 100 !4600 Miscellaneous Revenue8,016 59,770 --- 100 5100 Transfers In - 7,795 8,858 10,908 i , TOTAL TRUST & AGENCY 683,788 704,955 1,152,172 1,014 ESTIMATED REVENUES City of Instructions: rnmolete by Fund and Source FYE 6-30-81 Page 10 of 11 er_2 11 I 12 17 I It I IS I 16 17 10 I 19 19A I 20 20A 0 ei 'oma o O 9 v' o o 4C.�dpi�On Eco.. k & Orl,cr N,e muremem nt. last Year FYE 6-3479 Actual Current Year FYE &3480 Actual andC., Estimated Budget Year FYE 6-34'81 ma Estited Estimated tsi Ouaner Revenues Beg 7-1-81 F3tlmale for FYE 630-82 Eilirtuln Follovbq FY SPECIAL ASSESSMENTS FUND 000 07 4500 Revenue from Use of Money & Proper: --- --- 4600 Miscellaneous Revenue 11,471 20,100 --- 5100 Transfers In --- 20 500 ---- TOTAL SPECIAL ASSESSMENTS FUNDS 1 --- SPECIAL REVENUE FUNDS Z100 Community Development Block Grant 4400 5 4600 5100 Intragovernmental Revenue856,532 Miscellaneous Revenue Transfers In21,778 SUBTOTAL 17,869 917,719 1,591,326 --- --- --- 856,532 775,000 --- --- --- 775,000 Road Use Tax 00 200 08 08 4400 4500 Intragovernmental Revenue Revenue from Use of Money & Property 1,314,401 20,913 1,532,582 24,000 1,408,448 --- 200 08 4600 Miscellaneous Revenue 1,375 --- --- _ SUBTOTAL 1,336,689 1,556,582 1,408,448 I 1 ESTIMATED REVENUES city of Instructions: r.,mnl.te by e-und and Source FYE 6-30-81 Page 11 of i l 11 1 12 I 13 la I is I 16 17 I la I 19 I 19A 20 2]A l ?� 0 O � I _V —'oma "o �e a 0`7ir �^^^`^• 00A""`^" last Year FYE 630-79 Actual Currant Year FYE 6,10-80 Actual and Estimated Budget Year FYE 630-81 I Estimated Estimated 1st Quarter Revenues Beg- 7-1A7 _ Eatlmate for FYE 630-82 E.. "' °n FCJI , v,q FY Federal Revenue Sharing 1 400 08 4400 Intragovernmental Revenue 630,090 587,616 594,000 400 08 08 4500 4600 Revenue from Use of Money & Proper Miscellaneous Revenue y 35,443 1,375 20,000 --- 10,000 SUBTOTAL 666,9081 607,616 604,000 1' TOTAL SPECIAL- REVENUE FUNDS 3,594,923 3,020,730 2,787,448 TOTAL ALL CITY FUNDS 33,158,777 32,941,575 122,403,491 ---- -Ti I I I S I - -- i f /.L'i 4 Cc. RESOLUTION NO. 80-42 RESOLUTION EXPRESSING SUPPORT FOR AND URGING ACTION BY THE IOWA DEPARTMENT OF TRANSPORTATION TO RELOCATE AMTRAK SERVICES THROUGH IOWA CITY. WHEREAS, a vast portion of our fuel resources is consumed in passenger transportation, and WHEREAS, major air carrier services are being reduced in many areas, including our own, and WHEREAS, air travel is less fuel-efficient than other land-based transportation methods, and WHEREAS, the City Council of Iowa City views rail passenger service as a most desirable alternative to air or auto travel, and WHEREAS, the Iowa Department of Transportation is pursuing the most accessible east -west route now in existence through Iowa, NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, strongly supports the concept of AMTRAK service on the Rock Island Railroad right-of-way and urges the State of Iowa and the Iowa Department of Transportation to vigorously pursue this goal in the interest of all Iowans. It was moved by Neuhauser And seconded by Lynch that the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X _ X _ X X _ X _ X _ X Passed and approved this 11th day of Balmer Erdahl Lynch Neuhauser Perret Roberts Vevera March = OR OIL- ATTEST: Receivsd E ApprDv,.d CITY CLERK By Tha Legal D:pa trnant 1-z- 9 RESOLUTION NO. 80-93 RESOLUTION APPROVING CLASS C LIQUOR CONTROL LICENSE APPLTCRffM BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Liquor Control License application is hereby approv�lor the following named person or persons at the following described location: BPO Elks 11590 dba BPO Elks #590, 637 Foster Rd. Said approval shall be subject to any conditions or re- strictions hereafter imposed by ordinance or State law. The City Clerk shall cause a recommendation for approval to he endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond, sketch of the premises and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by Perret and seconded by Vevera that the Resolution as read be adopted, and uponroll caiT there were: AYES: NAYS: ABSENT: Balmer x Lynch x Erdahl x Neuhauser x Perret x Roberts abstained Vevera x Passed and approved this 18th day of March , 19 80 Attest: (2d -. A� City Clerk 10 /30 RESOLUTION NO. 80-94 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: BPO Elks 11590 dba BPO Elks 11590, 637 Foster Rd. 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 Vevera that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Balmer _x Lynch x Erdahl x Neuhauser x Perret x Roberts abstained Vevera x Passed and approved this 18th day of March 19 80 r jq Attest: (J -P, -d' , , City Clerk /3/ RESOLUTION NO. 80-95 RESOLUTION TO ISSUE DANCING PERMIT BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Dancing Permit as provided by law is hereby granted to the following named person and at the following described locations upon his filing an application, having endorsed thereon the certificates of the proper city officials as to having complied with all regulations and ordinances, and having a valid Class "B" Beer Permit or liquor control license, to wit: BPO Elks #590 dba BPO #590, 637 Foster Rd. It was moved by Perret and seconded by Vevera that the Resolution as read be adopted, and upon rol ca t ere were: Balmer Lnch Erdahl Neuhauser Perret Roberts Vevera AYES: NAYS: x x x x x abstained x ABSENT: Passed and approved this 18th day of March 19 80 . r Attest: civ City Clerk i.4z RESOLUTION NO. 80-96 RESOLUTION TO ISSUE CIGARETTE PERMITS WHEREAS, the following firms and persons have made appli- cation and paid the mulct tax required by law for the sale of cigarettes and cigarette papers; therefore, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the applications be granted and the City Clerk be and he/she is hereby directed to issue a permit to the following named persons and firms to sell cigarette papers and cigarettes: Regal Vending dba Colonial Park, 1027 Hollywood BPO Elks #590 dba BPO Elks #590, 637 Foster Rd. It was moved by Perret and seconded by Vevera that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Balmer X h X Erdahl X Neuhauser X Perret X Roberts abstained Vevera X Passed and approved this 18th day of 19 80 dor Attest: jjk- City Clerk March , RESOLUTION NO. 80-97 RESOLUTION SETTING PUBLIC HEARING ON REGIONAL TRANSIT PLANNING AND PROGRAMMING DOCUMENT & DIRECTING CITY.CLERK TO PUBLISH NOTICE OF SAID HEARING. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That a public hearing on the above-named project is to be held on the 25th day of March, 1980, at 7:30 p.m. in the Council Chambers, Civic Center, Iowa City, Iowa. 2. That the City Clerk is hereby authorized and directed to publish notice of the public hearing for the above-named project in a newspaper. 3. That the document of the above-named project is hereby ordered placed on file in the office of the City Clerk for public inspection. It was moved by Perret and seconded by Vevera that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Passed and approved this 18th ATTEST: at'e�6 City Clerk Bal mer Erdahl Lynch Neuhauser Perret Roberts Vevera day of March , 1980 : Received & P,pproved By The Legal Department r Zy-'0D /3 34 RESOLUTION NO. 80-98 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE IOWA CITY SENIOR CITIZENS CENTER ESTAB- LISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH NOTICE TO BIDDERS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. WHEREAS, notice of public hearing on the plans, specifications, form of contract and estimate of cost for the construction of the above-named project was published as required by law, and the hearing thereon held. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA, CITY, IOWA: 1. That the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project are hereby approved. 2. That the amount of bid security to accompany each bid for the construction of the above-named project shall be in the amount of 5% of the bid payable to Treasurer, City of Iowa City, Iowa. 3. That the City Clerk is hereby authorized and directed to publish notice for the receipt of bids for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the City not less than four (4) nor more than twenty (20) days before the date established for the receipt of bids. 4. That bids for the construction of the above-named project are to be received by the City of Iowa City, Iowa, at the Office of the City Clerk, at the Civic Center, until 10 A.M. on the 15th day of April, 1980. Thereafter, the bids will be opened by the City Manager or his designee, and thereupon referred to the Council of the City of Iowa City, Iowa, for action upon said bids at its next meeting to be held at thv. Council Chambers, Civic Center, Iowa City, Iowa, at 7:30 P.M. on the 22nd day of April, 1980. It was moved by Roberts and seconded by Vevera 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 18th day of March , 1980. AYOR ATTEST: CITY CLERK the Resolution be 11e02Ived $ Approved 61YT� The Legal Department RESOLUTION NO. 80-99 RESOLUTION AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT FOR THE CONSTRUCTION OF THE'` FY81 LANDFILL EXCAVATION PROJECT WHEREAS, -Barkers, Inc. of Iowa City, Iowa 'has submitted the best bid for the construction of the above-named project. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the contract for the construction of the above-named project is hereby awarded to Barkers, Inc. of Iowa City, Iowa , subject to the condition that awardee secure adequate performance bond and insurance certificates. 2. That the Mayor is hereby authorized to sign and the City Clerk to attest the contract for the construction of the above-named project, subject to the condition that awardee secure adequate performance bond and insurance certificates. It was moved by Roberts and seconded by Lynch that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: x x x x x x x ABSENT: BALMER ERDAHL LYNCH NEUHAUSER PERRET ROBERTS VEVERA Passed and approved this. 18thday of March , 19 80 ___•MAYOR ATTEST: _ CITY CLERK Receh.+od & Approvcd By Tho Legal Da )artinont 3/00 /.3 G & rnNTRArT THIS AGREEMENT, made and entered into this 19 B0, by and between the City of Iowa Cit 18th day of March Iowa party of the first part, hereinafter referred to as the "Owner" and Barker's Inc. party of the second part, hereinafter referred to as the "Contractor" WITNESSETH: That whereas the Owner has heretofore caused to be prepared certain plans, specifications and proposal blanks, dated the 3 day of Jar u a r � , 1980, for The FY 81 Landfill Excavation Project. under the terms and conditions therein fully stated and set forth, and Whereas, said plans, specifications and proposal accurately, and fully describe the terms and conditions upon which the Contractor is willing to perform the work specified: NOW, THEREFORE, IT IS AGREED: 1. That the Owner hereby accepts the attached proposal of the Contractor for the work and for the sums listed therein. 2. That this Contract consists of the following component parts which are made a part of this agreement and Contract as fully and absolutely as if they were set out in detail in this Contract: a. Addenda Numbers None b. "Standard Specifications for Highway and Bridge Construction", Series of 1977, Iowa Department of Transportation, Highway Division, plus current special provisions and supplemental specifications. c. Plans d. Notice of Public Hearing and Advertisement for Bids. 137 e. Spec Provisions f. Proposal g. This Instrument The above components are complementary and what is called for by one shall be as binding as if called for by all. 3. That payments are to be made to the Contractor in accordance with and subject to the provisions embodied in the documents made a part of this Contract. 4. That this Contract is executed in 3 copies. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals the date first written above. Contractor 12li,. L, , (Seal) S ea I By (Title) Mayor (Title) ATTEST: r&L (Title) City Clerk ATTEST: (Title) (Company Official) CF -2 /37 FORM OF PROPOSAL THE FY 81.LANDFILL EXCAVATION PROJECT CITY OF IOWA CITY NOTE TO BIDDERS: PLEASE DO NOT USE THE FORM OF PROPOSAL INCLUDED IN THE BOUND VOLUME OF THE SPECIFICATIONS. SEPARATE COPIES OF THIS PROPOSAL WILL BE FURNISHED TO BIDDERS UPON APPLICATION TO THE ENGINEER. Name of. Bidder Address of Bidder TO: City Clerk City of Iowa City Iowa City, Iowa 52240 The undersigned bidder submits herewith bid security in the amount of $ in accordance with the terms set forth in the "Standard Specs ications' Article 1102.12. The undersigned bidder, having examined and determined the scope of the Contract Documents, hereby proposes to provide the required labor, services, materials and equipment and to perform the work as described in the Contract Documents, including Addenda and and do all work at the prices ere na ter set out. We further propose to do all "Extra Work" which may be required to complete the work contemplated, at unit prices or lump sums to be agreed upon in writing prior to starting such work, or if such prices or sums cannot be agreed upon to perform such work on a force account basis, as provided in the "Standard Specifications". ITEM DESCRIPTION 1. Excavate, stockpile and shape as required. ESTIMATED UNIT UNITUAQ NTITY PRICE cubic yards 143,000 0%,Q , EXTENDED AMOUNT a Total Extended Amount /S.Z, o /-37 1. The undersigned bidder certifies that this proposal is made in good faith, without collusion or connection with any other person or persons bidding on the work. The undersigned bidder states that this proposal is made in conformity with the Contract Documents and agrees that, in the event of any discrepancies or differences between any conditions of his proposal and the Contract Documents prepared by the City of Iowa City, the provisions of the latter shall prevail. (Seal - if bid is by a corporation PARTNERSHIPS: FURNISH FULL NAME OF ALL PARTNERS 1,bAL FIRM: By (Tltle) (BusinessAddress) /9% RESOLUTION NO. 80=100 A RESOLUTION TO CONSIDER PROPOSAL TO CONVEY VACATED SAND LAKE DRIVE, TO SET A PUBLIC HEARING AND TO AUTHORIZE CITY CLERK TO PUBLISH NOTICE OF HEARING TO . CONSIDER SAID CONVEYANCE WHEREAS, it is in the best interests to construct certain improvements on South Gilbert Street in Iowa City, Iowa; and WHEREAS, construction plans call for elimination of Sand Lake Drive since the new roadway will run parallel in a north -south direction; and WHEREAS, certain property owners have an interest in land adjacent to Sand Lake Drive. THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY: 1. That the Council consider a proposal to convey vacated Sand Lake Drive right-of-way to abutting property owners James R. and Brenda L. Schintler; Ronald W. and Marilyn A. Schintler; and Richard J. and Barbara J. Schintler, which property is more particularly described in Exhibit A attached hereto. 2. That a Public Hearing should be and is hereby set to consider said proposal to convey, which hearing shall be held on Tuesday, March 25th 1980, at 7:30 PM, in the Civic Center, 410 East Washington, Iowa City, Iowa 52240. 3. That the City Clerk is hereby authorized to publish NOTICE of hearing, as required by State and local law. it was moved by Erdahl and seconded by Vevera the Resolution 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 18th day of March 1980. A ATTEST: C Y CL -RK Received & Approved BY Jho Legal Department i3 1 POINT OF .OEGINNING N89°3410 E _____________ 34.71' ' 15— IF I1 IhIVJ /2z rn 0 ti w '3 LOT 16 1 p yl •0 = SAND LAKE 'Mo r ADDITION o O N f O o Z — O SCALE 1"= 20' ' 2 'E a I W FOUND PIN WSET 1/2" PIN o z w w W w I N Q IW W � ' I IS' m M O � o N O Z 50.00' _____________ N 89°22 49 W DESCRIPTION OF TRACT Beginning at the NW corner of Lot 16 Sand Lake Addition to the City of Iowa city thence1NOD 37fene '11"E 24.827feet; thheencce northerlyn76.10 feet; thece 89feet4along0a011015.83 foot radius curve concave easterly and whose 76.09 foot chord bears N12013' 03"E; thence N89034'10"E 34.71 feet to the point of beginning. Said tract contains 4,446 square feet more or less. Also subject to a utility easement over the entire tract except the east 15 feet thereof. I hereby certify that this survey was Trade under my direct personal super- vision and that I am a duly registered land surveyor under the laws of the State of Iowa. ,,�/ SIGNED: ��� i//� ���� _ DATE: 9-2?— 2'9 Robert D. Mickelson; L.S. n7036 y� Subscribed and sworn before me this � . day 0f 4 vc v , 1979• f. � . G� Notary bli Johnso County, Towa ti UKKrR>,u+ylT�,;`Jl I(T (,OY0:.f o aS 11 RESOLUTION NO. 80-101 RESOLUTION APPROVING CLASS A LIQUOR CONTROL LICENSE APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class A Liquor Control License application is hereby approv�ec mor the following named person or persons at the following described location: Knights of Columbus Bldg. Ass'n Inc. of Iowa City, dba Knights of Columbus, 328 E. Washington St. Said approval shall be subject to any conditions or re- strictions hereafter imposed by ordinance or State law. The City Clerk shall cause a recommendation for approval to he endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond, sketch of the premises and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by Perret and seconded by Vevera that the Resolution as read-Ye—adopted, and upon ro11 call there were: AYES: Balmer x Lynch x Erdahl x Neuhauser x Perret x Roberts Vevera NAYS ABSENT: Passed and approved this 25th day of march 19 80 , y r Attest: OLI_ City Clerk /C39 /ri-e�Cei RESOLUTION NO. 80-102 RESOLUTION APPROVING CLASS "B" BEER PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class "B" Beer Permit Application is hereby approved for the following named person or persons at the following described location: E -J Corp., Inc. dba Iowa City Racquet Club, I-80 & North Dodge 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 be endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by Perret and seconded by Vevera that the Resolution as re— a�Fe adopted, and uponro11 call there were: AYES: NAYS: ABSENT: Balmer x Erdahl x Lynch x Neuhauser x Perret x Roberts x Vevera x Passed and approved this 25th day of March , 19 80 Attest: 3ZL 4ay or / 44-0 /GBo1a4__' RESOLUTION NO. 80-103 RESOLUTION APPROVING CLASS C. a x//01*" LIQUOR CONTROL LICENSE APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class ts: ' Liquor Control License application is hereby approve�Tor the following named person or persons at the following described location: Howard Johnson Co. & McLean Enterprises, Inc. dba Howard Johnson's, North Dodge St. Said approval shall be subject to any conditions or re- strictions hereafter imposed by ordinance or State law. The City Clerk shall cause a recommendation for approval to he endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond, sketch of the premises and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by Perret and seconded by vevera that the Resolution as rea37e adopted, and upon ro7T—calT there were: AYES: NAYS: ABSENT: Balmer _x_ Lvnch x Erdahl x _ Neuhauser x Perret x Roberts x yevera x Passed and approved this 25th day of March 1980 r Attest: gii.- ILL City Clerk /T/ RESOLUTION NO. 80-104 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: Howard Johnson Co. & McLean Enterprises, Inc. dba Howard Johnson's, North Dodge St. Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance of state law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, bond, and all other information or docu- ments required to the Iowa Beer and Liquor Control Department. It was moved by Perret and seconded by Vevera that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Balmer x Lynch x Erdahl x Neuhauser x Perret x Roberts x Vevera x Passed and approved this 25th day of March 19 80 Attest:2L A City Clerk fqo?— RESOLUTION NO. 80-105 RESOLUTION APPROVING CLASS c LIQUOR CONTROL LICENSE APPLTUTM BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class c Liquor Control License application is hereby approveT�or the following named person or persons at the following described location: Delight Frantz dba H & D Tap, 800 S. Dubuque Said approval shall be subject to any conditions or re- strictions hereafter imposed by ordinance or State law. The City Clerk shall cause a recommendation for approval to he endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond, sketch of the premises and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by Perret and seconded by Vevera that the Resolution ass read-Ee adopted, and upon -7611 --c=a there were: AYES: NAYS: ABSENT: Balmer x Lynch x Erdahl x Neuhauser x Perret x Roberts x Vevera x Passed and approved this 25th day of march 19 80 My1ar Attest: �L J;::LL City Clerk 7' /Ci�/-11:/ RESOLUTION NO. 80-106 RESOLUTION TO REFUND BEER PERMIT WHEREAS, Maid=Rite at 630 Iowa Ave. has surrendered Beer Permit No. 4205 , expiring 11/8/80 and requests a refund on the unused portion thereof, now therefore, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that said beer permit be and the same is hereby cancelled, and BE IT FURTHER RESOLVED that the Mayor and City Clerk be and they are hereby authorized and directed to draw a warrant on the General Fund in the amount of $ 150.00 , payable to Joseph Momberg for refund of Beer Permit No. 4205 It was moved by Perret and seconded by Vevera that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Balmer x _ Lynch X Erdahl x Neuhauser X Perret x Roberts Vevera X X Passed and approved this 25th day of March 19 80_. a or Attest: RL City Clerk 14454 RESOLUTION NO. 80-107 RESOLUTION TO REFUND CIGARETTE PERMIT WHEREAS, Joseph Momberg dba Maid -Rite at 630 Iowa Ave in Iowa City, Iowa, has surrendered cigarette permit No. 80-113 , expiring June 30 thereof, now therefore, , 19 80 , and requests a refund on the unused portion BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that cigarette permit No. 80-113 , issued to Joseph Momberg dba Maid -Rite be cancelled, and BE IT FURTHER RESOLVED that the Mayor and City Clerk be and they are hereby authorized and directed to draw a warrant on the General Fund in the amount of $ 25.00 , payable to Joseph Momberg as a refund on cigarette permit No. 89-113. It was moved by Perret and seconded by Vevera that the Resolution as read be adopted, and upon roll call there were: Passed and approved this 25th day of �� or Attest: March , 19 80 . /V -S AYES: NAYS: ABSENT; Balmer X Lynch x Erdahl x Neuhauser X Perret x Roberts X Vevera X Passed and approved this 25th day of �� or Attest: March , 19 80 . /V -S 3 ;�TIZ RESOLUTION NO. 80-108 RESOLUTION ACCEPTING THE WORK ON SERVICE BUILDING ADDITION WHEREAS, the Engineering Department has recommended that the im- provement covering the Service Building Addition as included in a contract between the City of Iowa City and McComas-Lacina Construction Company of Iowa City, Iowa dated October 17, 1978 , be accepted, AND WHEREAS, the Council finds the improvement is in place and does comply with the requirements for such improvements, AND WHEREAS, maintenance bonds have been filed, NOW THEREFORE, BE IT RESOLVED by the City Council of Iowa City, Iowa, that said improvements be hereby accepted by the City of Iowa City, Iowa. It was moved by Perret and seconded by Vevera that the resolution as read be a opt , and upon roll call there were: AYES: NAYS: ABSENT: BALMER x ERDAHL x LYNCH x NEUHAUSER x PERRET x ROBERTS x VEVERA x Passed and approved this 25th day of March , 1980. OIL yor ATTEST: City Clerk Received & Approved Th Legal By Department RESOLUTION NO. 80-109 RESOLUTION AUTHORIZING THE MAYOR TO SIGN, AND THE CITY CLERK TO ATTEST, THE FY81 REGIONAL •TRANSIT PLANNING AND PROGRAMMING (RTPP) DOCUMENT, WHICH INCLUDES APPLICATION FOR STATE AND FEDERAL TRANSIT ASSISTANCE. WHEREAS, the City of Iowa City, Iowa has undertaken to provide its residents with a public transportation system, and WHEREAS, the City wishes to continue its current level of transit service, and make certain capital acquisitions, and WHEREAS, the State of Iowa Department of Transportation and the United State Department of Transportation both offer capital and operating assistance to local governmental units for their public transportation systems, and WHEREAS, State assistance is being applied for in the the amount of $190,598 and Federal assistance is being applied for in the amount of $208,882. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF IOWA CITY, IOWA, that the Mayor be directed to execute the Iowa City portion of the Regional Transit Planning Programming (RTPP) document, and the grant contained therein. It was moved by Neuhauser and seconded by Perret 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 25thday of ATTEST: w CITY CLERK March , 1980. YOR Rcesived & Approved By The Legal Depsrtmant RESOLUTION NO. 80-110 RESOLUTION SETTING PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION 09' THE SCOTT BLVD EAVING IMPROVEMENT PROTECT DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECT- ING CITY ENGINEER TO PLACE SAID PLANS, ETC., ON FILE FOR PUBLIC INSPECTION. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That a public hearing on the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project is to be held on the 8th day of April , 1980 , at 7:30 P.M. in the Council Chambers, Civic Center, Iowa City, Iowa. 2. That the City Clerk is hereby authorized and directed to publish notice of the public hearing for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the city, not less than four (4) nor more than twenty (20) days before said hearing. 3. That the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project are hereby ordered placed on file by the City Engineer in the office of the City Clerk for public inspection. It was moved by Vevera 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 25th day of March 1980 X17-.IL� Mayor ATTEST: G Received & Approvod City Cler By 1hoLagal Depmtme t RESOLUTION NO. 80-111• • RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST LETTERS OF INTENT WHEREAS, the City.of Iowa City, Iowa has negotiated Letters of Intent with: L. L. Pell ing Co., Inc.,; Business Development, Inc.,; Iowa City Development Co.; Oscar Mayer & Co., Inc.; DBL Farm Partnership; Carrol and Lilah Sass; Robert & Erma Wolf; Leslie and Ethel Cole; Sunrise Enterprises, Inc.; Troy and Norma Hames with regard to the Scott Blvd. Paving Improvement Project, copies of said Letters of Intent attached to this Resolution and by this reference made a part hereof, and WHEREAS, the City Council deems it in the public interest to enter into said Letters of Intent NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL: 1. That the Mayor and the City Clerk are herby authorized and directed to execute the Letters of Intent with the above named. 2. That the City Clerk shall furnish copies of said Letters of Intent to any citizen requesting the same. It was moved by Perrot and seconded by Vevera 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 25thday of March , 1980. MAYOR ATTEST: CITY CLERK l?ceaSved 8, Approved N., Legal D-�portslant =A/-.PoN�u. ig LETTER OF INTENT The undersigned, being owners of property adjacent to the present Scott Boulevard between U.S. Highway 6 and Muscatine Avenue, do hereby agree to voluntarily dedicate a strip of land sufficient to provide a one hundred (100) foot right-of-way, along with necessary temporary and permanent easements, a drawing of which is one file in the City Clerk's office, at no cost to the City; provided that other property owners adjacent to Scott Boulevard also agree to the terms of this letter. . 6f all property owners agree to voluntarily provide right-of-way and easements as necessary, the City will agree to provide thirty-one (31) foot wide concrete paving, adequate storm sewers to transport excess storm water during a five year return frequency storm, and an eight (8) foot bikeway/sidewalk along the west side, all between U.S. Highway 6 and Muscatine Avenue, at no cost to the property owner. Dated this 1 day of 9z BY: YOR ATTEST: CITY CLERK 156 LETTER OF INTENT " The undersigned, being owners of property adjacent to the present Scott Boulevard between U.S. Highway 6 and Muscatine Avenue, do hereby agree to voluntarily dedicate a strip of land sufficient to provide a one hundred (100) foot right-of-way, along with necessary temporary and permanent easements, a drawing of which is one file in the City Clerk's office, at no cost to the City; provided that other property owners adjacent to Scott Boulevard also agree to the terms of this letter. If all property owners agree to voluntarily provide right-of-way and easements as necessary, the City will agree to provide thirty-one (31) foot wide concrete paving, adequate storm sewers to transport excess storm water during a five year return frequency storm, and an eight (8) foot bikeway/sidewalk along the west side, all between U.S. Highway 6 and Muscatine Avenue, at no cost to the property owner. [luted this 4r�day of % R/4 BY: BY: yx/0 MA OR ATTEST: �&- CITY CLERK LETTER OF INTENT The undersigned, being owners of property adjacent to the present Scott•Boulevird between U.S. Highway 6 and Muscatine Avenue, do hereby agree to voluntarily dedicate a strip of land sufficient to provide a one hundred (100) foot right-of-way, along with necessary temporary and permanent easements, a drawing of which is on file in the City Clerk's office, at no cost to the City; provided that other property owners adjacent to Scott Boulevard also agree to the terms of this letter; and further provided that the City pay the costs of deed preparation, documentary stamps, and the costs of preparing and continuing to current date an Abstract of Title, if required by the City. If all property owners agree to voluntarily provide right-of-way and easements as necessary, the City will agree to provide thirty-one (31) foot wide concrete paving, adequate storm sewers to transport excess storm water during a five year return frequency storm, and an eight (8) foot bikeway/sidewalk along the west side, all between U.S. Highway 6 and Muscatine Avenue, at no cost to the property owner. DATED this 3 day of %i aA_,/, BY: 0az t_. zaz /1-,, BY:/. a / ATTEST: CITY CLERK LETTER OF INTENT .. The undersigned, being owners of property adjacent to the present Scott Boulevard between U.S. Highway 6 and Muscatine Avenue, do hereby agree to voluntarily dedicate a strip of land sufficient to provide a one hundred (100) foot right-of-way, along with necessary temporary and permanent easements, a drawing of which is one file in the City Clerk's office, at no cost to the City; provided that other property owners adjacent to Scott Boulevard also agree to the terms of this letter. If all property owners agree to voluntarily provide right-of-way and easements as necessary, the City will agree to provide thirty-one (31) foot wide concrete paving, adequate storm sewers to transport excess storm water during a five year return frequency storm, and an eight (8) foot bikeway/sidewalk along the west side, all between U'S. Highway 6 and Muscatine Avenue, at no cost to the property owner. Dated this 11th day of February, 1980 BY: DBL FARM PARTNERSHIP: Webster B. Gelman, Houghton, Wiliiam V. Pheian, William M.T c er, L.S. Trust, Iowa tate Bank & Trust Co. William M. Tucker, Partner �f� r MOR ATTEST: we_6� CITY CLERK 105-3 LETTER OF INTENT c:' The undersigned, being owners of property adjacent to the present Stott Boulevard between U. S. Highway 6 and Muscatine Avenue, do hereby agree to voluntarily dedicate a strip of land sufficient to provide a one hundred (100) foot right-of-way, along with necessary temporary and permanent easements, a drawing of which is on file in the City Clerk's office, at no cost to the City; provided that other property owners adjacent to Scott Boulevard also,,agree to the terms of this letter; and provided that Oscar Mayer $ Go. Incas Board of Directors shall approve such dedication. If all property owners agree to voluntarily provide right-of- way and easements as necessary, the City will agree to provide thirty- one (31) foot wide concrete paving, adequate storm sewers to transport excess storm water during a five year return frequency storm, and an eight (8) foot bikeway/sidewalk along the west side, all between U. S. High 6 and Muscatine Avenue, at no cost to the property owner. Dated this 29th day of February, 1980 /f OSCAR MAYER F, CO. INC. l� B13. J./Thompsoif y�� Vice President Engineering and Development ATTEST: Ellen A. Ryan Assistant $ecretax ATTEST; � Y CLEitTC 1SY LETTER OF INTENT .. The undersigned, being owners of property adjacent to the present Sifott Boulevard between U.S. Highway 6 and Muscatine Avenue, do hereby agree to voluntarily dedicate a strip of land sufficient to provide a one hundred (100) foot right-of-way, along with necessary temporary and permanent easements, a drawing of which is one file in the City Clerk's office, at no cost to the City; provided that other property owners adjacent to Scott Boulevard also agree to the terms of this letter. If all property owners agree to voluntarily provide right-of-way and easements as necessary, the City will agree to provide thirty-one (31) foot wide concrete paving, adequate storm sewers to transport excess storm water during a five year return frequency storm, and an eight (8) foot bikeway/sidewalk along the west side, all between U.S. Highway 6 and Muscatine Avenue, at no cost to the property owner. Dated this Z("` delay of BY: BY: M OR ATTEST: CITY CLERK LETTER OF INTENT The undersigned, being owners of property adjacent to the present Scott Boulevard be U.S. Highway 6 and Muscatine Avenue, do hereby agree to voluntarily dedicate a strip of land sufficient to provide a one hundred (100) foot right-of-way,* along with necessary temporary and permanent 'easements, ' -a drawing of which is one file in the City Clerk's office, at no cost to the City; provided that other property owners adjacent to Scott Boulevard also agree to the terms of this letter. ' If all property owners agree to voluntarily provide right-of-way and easements as necessary, the City will agree to provide thirty-one (31) foot wide concrete paving, adequate storm sewers to transport excess storm water during a five year return frequency storm, and an eight (8) foot bikeway/sidewalk along the west side, all between U:S. Highway 6 and Muscatine Avenue, at no cost to the property owner. Dated this 29th day of February, 1980 BY: BUSINESS DEVELOPMENT, INC. BY. es L. Shive V ce'President YO �% ATTEST: �u A� CITY CLERK /5` LETTER OF INTENT The undersigned, being owners of property adjacent to the present Scott Boulevard between U.S. Highway 6 and Muscatine Avenue, do hereby agree to voluntarily dedicate a strip of land sufficient to provide a one hundred (100) foot right-of-way, along with necessary temporary and permanent easements, a drawing of which is one file in the City Clerk's office, at no cost to the City; provided that other property owners adjacent to Scott Boulevard also agree to the terms of this letter. If all property owners agree to voluntarily provide right-of-way and easements as necessary, the City will agree to provide thirty-one (31) foot wide concrete paving, adequate storm sewers to transport excess storm water during a five year return frequency storm, and an eight (8) foot bikeway/sidewalk along the west side, all between U.S. Highway 6 and Muscatine Avenue, at no cost to the property owner. Dated this � � day of BY: \ljkk \ la , BY: �S .MAYOR ATTEST: we� CITY CLERK IS 7 t LETTER OF INTENT The undersigned, being owners of property adjacent to the present Scbtt Boulevard between U.S. Highway 6 and Muscatine Avenue, do hereby agree to voluntarily dedicate a strip of land sufficient to provide a one hundred (100) foot right-of-way, along with necessary temporary and permanent easements, a drawing of which is one file in the City Clerk's office, at no cost to the City; provided that other property owners adjacent to Scott Boulevard also agree to the terms of this letter. If all property owners agree to voluntarily provide right-of-way and easements as necessary, the City will agree to provide thirty-one (31) foot wide concrete paving, adequate storm sewers to transport excess storm water during a five year return frequency storm, and an eight (8) foot bikeway/sidewalk along the west side, all between U:S. Highway 6 and Muscatine Avenue, at no cost to the property owner. Da -ted this 7 day of )7 ..d /5V6 BY: AYOR ATTEST: OAL CITY CLERK LETTER OF INTENT The undersigned, being owners of property adjacent to the present Scott Boulevard between U.S. Highway 6 and Muscatine Avenue, do hereby agree to voluntarily dedicate a strip of land sufficient to provide a one hundred (100) foot right-of-way, along with necessary temporary and permanent easements, a drawing of which is one file in the City Clerk's office, at no cost to the City; provided that other property owners adjacent to Scott Boulevard also agree to the terms of this letter. If all property owners agree to voluntarily provide right-of-way and easements as necessary, the City will agree to provide thirty-one (31) foot wide concrete paving, adequate storm sewers to transport excess storm water during a five year return frequency storm, and an eight (8) foot bikeway/sidewalk along the west side, all between U.S. Highway 6 and Muscatine Avenue, at no cost to the property owner. Dated this i�o day of B• BY: �\k o, (� • � � ", AYO ATTEST: PJVL.L� CITY CLERK RESOLUTION NO. 80-112 0 RESOLUTION AUTHORIZING ExEC.'UI'ICN OF AMENDMENT TO AGREEMENT WITH AMES ENGINEERING AND TESTING WHEREAS, the City of Iowa City, Iowa, has negotiated an agreement with Nnes Engineering and Testing a copy of said-a�reem tt being attached to t�3i s Reno u on s reference made a part i erg and, WHEREAS, the City Council deans it in the public interest to enter into said amendment to the agreement to allow grade staking services, testing services for concrete and backfill, and a full-time inspector. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL: 1. That the Mayor and City Clerk are hereby authorized arca directed to execute the amendment with Ames Engineering and Testing 2. That the City Clerk shall furnish copies of said agreement to any citizen requesting same. I t was moved by P erre t and seconded by N e u h a u s e r Resolution be adopted, and upon roll there were: AYES: NAYS: x x x x x x ATTEST: ABSENT: BALMER ERDAHL LYNCH NEUHAUSER _ PERRET x ROBERTS VEVERA Passed arca approved this 25th day of March , 1980. the R2c^.ived P„ P:7YCVCd 6y Ti,.. !.coal U;:cr : �enY�� Q AMENDMENT This amendment made this, 'day of `,/, 1980, between the City of Iowa City, Iowa, hereinafter referred to as "City" and Ames Engineering and Testing Company, hereinafter referred to as the "Consultant." On June 14, 1978, the City and the Consultant entered into an agreement to provide for design and inspection services for a project including Capitol Street, Washington Street, Clinton Street and Burlington Street. The City and the Consultant hereby agrees to amend that agreement as follows: 1. Article I Section 4 D 10 is hereby amended to read as follows: Section 4 D 10. The Consultant agrees to provide full-time project representation on the project during the construction phase. The duties and the authority of resident project representatives and assistants shall be set forth in Exhibit D and by this reference made a part hereof. Through more extensive on-site observations of the work in progress and field checks of materials and equipment by the resident project representative and assistants, the Consultant shall endeavor to provide further protection for the City against defects and deficiencies in the work. 2. Article Section 4 D 11 is hereby amended to read as follows: Section 4 D 11. The Consultant shall: a. provide all labor, material, and equipment to perform all construction surveying necessary to fully complete construction of Streetscape Improvement Project, Phase IIB; b. run all baseline surveys; ��I 2 c. provide all grade staking; d. provide spot elevation during all phases of construction work; e. provide elevations to resolve unanticipated field problems; f. provide elevations to match all existing and planned construction; g. provide all grade staking for sanitary and storm sewer construction; h, provide all elevations to other utilities to ensure elimination of utility conflicts. 3. Section 4 D is hereby amended by adding the following: Section 4 D 13. Testing. The Consultant shall do all testing by utilizing the services of the full-time project representative for: a) Preparation of concrete test cylinders; b) Air entrainment tests; c) Soil density tests; The Consultant shall coordinate its tests with a testing laboratory in Iowa City for concrete cylinder tests. 4. Article IV Compensation, Section 2 originally provided for total compensation for design aspects not to exceed $43,100 and total compensation for inspection services not to exceed $25,850. The contract provided that these fees were based upon a total project cost of $500,000 and that, if the project cost were increased, the r fees would be increased proportionally. The City Council of Iowa City subsequently increased the project cost to $1,500,000; therefore, under the original agreement the design fees were modified not to exceed $129,300 and the inspection fees were modified not to exceed $77,550. These "not to exceeds" shall remain unchanged by this amendment. However, Article IV, Section la and lb are hereby amended to read as follows: Section la. The Consultant shall be paid a design fee based on direct hourly charges at rates described in Exhibit C and by this reference made a part hereof. Resident project inspection services and testing services done by the resident project representative shall be paid a fee based on direct hourly charges at rates which are shown on Exhibit E and by this reference made a part hereof. Testing services done by a testing laboratory in the Iowa City area shall be paid for at the cost to the Consultant with no pass-through multiplier. The not to exceed for all resident project inspection, surveying, and testing services described in amended sections D-10, D-11, and D-13 and for all reimbursable expenses shall be identical to the original contract, that is, $77,550. Request for payment shall be submitted showing the name of the individual as well as the title as shown in Exhibit E. Section lb. Reimbursable outside expenses shall be paid, based on the Consultant's actual expenditures, at cost. To define travel expenses, twenty-two and one-half cents (224) per mile shall be used for cost computation purposes. 4 IN WITNESS WHEREOF, the parties hereby have executed this Agreement in triplicate originals on this date, the day of 1980. FOR THE CONSULTANT VICE PRESIDENT STATE OF IOWA ) ) SS COUNTY OF STORY ) I, 1t,IZ , a notary public in and for said county, in the State of Iowa, do hereby certify that n to me personally known to be of Ames Engineering and Testing Company, a corporation, and also known to me to be the person whose name is subscribed to the foregoing instrument, appeared before m this day in person and acknowledged that as such he signed, sealed and delivered the said instrument as the free and voluntary act of said corporation, for the uses and purposes set forth, and that they were duly authorized to execute the same by the board of directors of said corporation. Given under my hand and notarial seal this 9 day of 1980. My Commission expires v' 19 �. FOR THE CITY MAYOR ATTEST: CITY CLERK RECEIVED & APPHOiED BY THF LFGAL DEPA101ENT r /4 0 EXHIBIT "D" 0 TO TERMS AND CONDITIONS BETWEEN THE OWNER AND THE CONSULTANT FOR PROFESSIONAL SERVICES Duties, Responsibilities and Limitations of the Authority of the Resident Project Represemaiive(s) A. GENERAL The Resident Project Representative is the CONSULTANT's Agent and shall act under the supervision and direction of the CONSULTANT. B. DUTIES AND RESPONSIBILITIES The Resident Project Representative shall: 1. Schedule: Review the progress schedule prepared by the Contractors) for compliance with the contract(s) and give writ. ten advice to the CONSULTANT concerning its acceptability. 2. Conferences: Attend pre -construction conferences. Ar- range a schedule of progress meetings and other job confer- ences as required in consultation with the CONSULTANT and notify in advance those expected to attend. Maintain and circulate copies of records of the meetings. 3. Liaison: a. Serve as the CONSULTANT's liaison with the Comractor(s) working principally through the Contracior(s)' superimen- dent(s). Alert the Contractor(s), through his superintendent, to the hazards involved in accepting and acting upon instructions from others, except such instructions transmitted through the CONSULTANT, h, Cooperate with the Contraclor(s) in his dealings with the various local agencies having jurisdiction over the PROJECT in order to complete service connections to public utilities and facilities. c. Assist the CONSULTANT in obtaining from the OWNER additional details or information, when required at the job site for proper execution of the work. 4. Approvals: When required, assist the CONSULTANT in ob- taining from the Contractors) a list of his proposed suppliers and subcontractors. 5. Samples: Assisi the CONSULTANT in obtaining field sam- ples of materials delivered to the site which are required to be furnished, and keep record of actions taken by the CONSULT- ANT. 6. Shop Drawings: a. Receive reviewed shop drawings and other submissions from the CONSULTANT; record the data received, maintain a file of the drawings and submissions, and check the construction for compliance with them. b. Alert the Contractor(s)' superintendents) when he observes materials or equipment being installed before review of shop drawings or samples, where such is required, and advise the CONSULTANT when he believes it is necessary to disap- prove work as failing to conform to the construction con- tract(s). 7. Review of Work, Inspections and Tests: a. Conduct on-site observations o1 the work in progress for the CONSULTANT as a basis for determining that the PRO. JLCT is proceeding in accordance with the construction contract(s). le. Disapprove of or reject work observed which is defective; i.e., it is unsatisfactory, faulty, or does not conform to the requirements of the construction comraci(s). c. Verify that tests, including equipment and systems start. up, which are required by the construction contract(s) are con- ducted and that the Comraclor(s) maintains adequate records thereof; observe, record and report to the CONSULTANT appropriate details relative to the test procedures and startups. d. Accompany visiting inspectors representing public or other agencies having jurisdiction over the PROJECT, record the out- come of these inspections and report to the CONSULTANT. 8. Interpretation of Construction Contract: Transmit to the Coniraclor(s) the CONSULTANT's interpretations of the con- suuciion contiact(s). 9. Modifications: Consider and evaluate the Coniractor(s)- sug- gestions for modifications in the drawings or specifications and report them with recommendations to the CONSULTANT. 10. Records: a. Maintain at the job site orderly files for correspondence, reports of job conferences, shop drawings and other submissions, reproductions of original contract documents including all ad. denda, change authorizations, field orders, and additional draw- ings issued subsequent to the award of the contraci(s), the CONSULTANT's interpretations of 1he construction contract(s), progress reports, and other PROJECT related documents. b. Keep a diary or log book, recording hours on the job site, weather conditions, list of visiting officials, daily activities, decisions, observations in general and specific observations in more detail as in the case of observing the test procedures. c. Record the names, addresses and telephone numbers of all contractors, subcontractors and major material suppliers. d. Maintain a set of drawings on which authorized changes are noted, and deliver to the CONSULTANT at the completion of the PROJECT. 11. Reports: i. Furnish the CONSULTANT periodic reports as required of progress of the PROJECT and the Contractor(s)' compliance with the approved progress schedule(s). b. Confer with the CONSULTANT in advance of scheduled major tests, inspections or start of important phases of the' PROJECT. 12. Payment Requisitions Review applications for payment with the Contractors) for compliance with the established procedure for their submission and forward them with recommendations to the CONSULT- ANT, noting particularly their relation to the work completed and materials and equipment delivered at the site. 13. Guarantees, Certificates, Maintenance and Operation Manuals During the course of the work, assemble the Guarantees, Ceriifi. cates, Maintenance and Operation Manuals and other required data to be furnished by the Contractors) and upon acceptance of the PROJECT, deliver this material to the CONSULTANT for his review and forwarding to the OWNER. 14. Completion: a. Prior to inspection for substantial completion, submit to the Contractor(s) a list of observed items requiring corrections. b. Conduct final inspection in the company of the CONSULT- ANT and the OWNER and prepare a final list of items to be corrected. c. Verify that all items on the final list have been corrected and make recommendations to the CONSULTANT concerning acceptance. C. LIMITATIONS OF AUTHORITY Except upon written instructions of the CONSULTANT the Resident Project Representative: I. Shall not authorize any deviation from the construction contract(s) or approve any substitute materials or equipment. 2. Shall not undertake any of the responsibilities of the Con- tractor(s), the subcontractors or the Contractor(s)' superinten- dent. 3. Shall not expedite the work for the Contractor(s). 4. Shall not advise on or issue directions relative to any aspect of the means, methods, techniques, sequences or procedures of construction unless such is specifically rolled for in the Com siruction Contract(s). S. Shall not authorize the OWNER to occupy the PROJECT in whole or in part. 6. Shall not participate in specialized field or laboratory tests or inspections conducted by others. 7. Shall not assist contractors) in maintaining up to -date copy of Record Drawings. 10 101- (- EXHIBIT "E" AMES ENGINEERING AND TESTING CO. P.O. Box 801 Ames, Iowa 50010 Price Schedule Effective Jan. 1, 1980 SPECIAL EQUIPMENT ---------- Pug --------------- 2.00/hr or 15.00/day ELECTRONIC MEASURING DEVICE -------------------- 20.00/hr of 130.00/day PERSONNEL A Principal Engineer ------------------------- 45.00/hr Soils Engineer ----------------------------- 40.00/hr Project Engineer --------------------------- 40.00/hr BLand Surveyor ------------------------------ 40.00/hr Project Landscape Architect ---------------- 40.00/hr Project Planner ---------------------------- 40'.00/hr Design Engineer ---------------------------- 35.00/hr C Design Landscape Architect ----------------- 35.00/hr Planner ------------------------------------ 35.00/hr Survey Party Chief ------------------------- 30.00/hr D Engineering Technician --------------------- 30.00/hr Landscape Technician ----------------------- 30.00/hr Planning Technician ------------------------ 30.00/hr Soils and Lab Technician ------------------- 20.00/hr E Inspector ---------------------------------- 20.00/hr Planning Aide ------------------------------ 20.00/hr f F Draftsman ---------------------------------- 18.00/hr G Survey Technician -------------------------- 16.00/hr H Clerical ----------------------------------- 14.00/hr Two -Man Survey Crew ------------------------ 46.00/hr Three -Man Survey Crew ---------------------- 62.00/hr Saturday Work ------------------------------ Time & one-half Sunday Work -------------------------------- Double Time MILEAGE Mileage ------------------------------------ .225/mile Travel Time -------------------------------- Hourly Rate SUPPLIES Cylinder molds -------- -75 each ----------- Stakes ------ (hubs, lathe, pie cuts) ------ Flags-------------------------------------- Iron Pins --- 30"xl/2", 5/8" & 3/411 -------- Steel post--------------------------------- 18/00/case (24) .35/each 5.00/bundle (100) 2.50/each 3.50/each Page -2- Price Schedule - Effective Jan. 1, 1980 SOIL TESTING Drill Rig & 2 men ---------------------------- 60.00/hr Unconfined Compression Test (Tubes) ---------- 12.00 Unconfined Compression Test (Spoons) --------- 6.00 California Bearing Ratio (per specimen) ------ 40.00 Consolidation Tests (single tests) ----------- 80.00 Consolidation Tests (in pairs) --------------- 120.00 Re -load ------------------------------------ 20.00 Atterberg Limits ----------------------------- 24.00 Shrinkage Limits ----------------------------- 12.00 Mechanical Analysis (Hydrometer & Sieve) ----- 35.00 Proctor Density ------------------------------ 40.00 Proctor Density (Modified) ------------------- 45.00 Permeability --------------------------------- 70.00 Field Density (Balloon) ---------------------- 14.50 Field Density (Nuclear Tester) --------------- 15.00 Minimum Charge for Nuclear Tester ------------ 50.00 Moisture Test -------------------------------- 5.50 Triaxial Shear ------------------------------- 80.00 Direct Shear --------------------------------- 75.00 Moisture -Density ----------------------------- 11.00 Sieve Analysis ------------------------------- 14.50 Minus 200 Sieve ------------------------------ 6.00 Vane Tester ---------------------------------- Hourly Rate SOIL BORINGS 0'-20' -------------------------------------- 6.75 20'-30' -------------------------------------- 7.90 30'-40' -------------------------------------- 9.00 40'-50' -------------------------------------- 10.50 50'-60' -------------------------------------- 12.50 Mobilization -----(one way) ------------------ 1.90/mile Report & Recommendations --------------------- Hourly Rate CONCRETE TESTING Concrete Mix Design -------------------------- 80.00 Compression, (Concrete Cylinders delivered) -- 6.00 Compression, Concrete or Haydite Block ------- 15.00 Absorption, Concrete or Haydite Block -------- 7.00 2x2 Cubes ---------- (mortar test) ----------- 10.00 Cores---------------------------------------- ----------------Set 10.00 Slump, Air Content, Swiss Hammer ------------- Hourly Rate DRAIN TILE TESTS 12" or smaller -----Set of five -------------- 41.50* 14" through 18" -----Set of five -------------- 47.50* 20" through 22" ----Set of five -------------- 60.00* 24" ----------------Set of five -------------- 72.00* Clay Tile (Building) ------------------------- 11.75 Clay brick --------- compression ------------- 9.00 Clay brick --------- absorption -------------- 4.25 /S" * Compression and Absorption (Compression only -- 50% of price listed.) J Iowa City, Iowa, March 19 , 1980 A public meeting was held at 10 o'clock A .M., on the above date at the Conference Roomi.rrifieCivic Center, Iowa City, Iowa, presided over by the City Engineer of the City of Iowa'City, Iowa. . Present were: Charles Schmadeke, City Engr.; Dennis Gannon, Engr.; Marian Karr, Deputy City Clerk; Don Stalkfleet; Wm. Hennessey & Son, rep.; Bill Knowling, rep. Knowling Bros. The City Engineer thereupon announced that a purpose of this meeting was to receive, open and tabulate bids for the construction of the 1980 Melrose Avenue Sanitary Sewer Extension Assessment Project, in accordance with the plans and specifications heretofore filed with the Clerk of said City. The following bids were thereupon received, opened, inspected and tabulated, to -wit: Name and Address of Bidder Amount Of Bid Wm. R. Hennessey & Son - Cedar Rapids, IA $18,998.00 Knowling Bros. Contracting Co. - Iowa City, IA 15,865.30 Weber Bros. - Mechanicsville, IA 15,093.70 Dave Schmitt Construction Co. - Cedar Rapids, IA 28,162.50 Whereupon the City Engineer declared that said bids be referred to the City Council of the City of Iowa City, Iowa, at its meeting to be held on the 25th day of March , 1980, at 7:30 o'clock PM. ,asas heretofore ordered by resolution of said Council. City Eng i er AHLERS. COON EY. DORWEILER. HAYNIE & SMITH. LAWYERS. DES MOINES. IOWA I (This Notice to be posted) NOTICE AND CALL OF PUBLIC MEETING Governmental Body: The City Council of Iowa City, Iowa. Date of Meeting: March 25, 1980 Time of Meeting: 7:30 P.M. Place of Meeting: Council Chambers, Civic Center, Iowa City, Iowa. PUBLIC NOTICE IS HEREBY GIVEN that the above mentioned governmental body will meet at the date, time and place above set out. The tentative agenda for said meeting is as follows: Public hearing on the matter of adoption of plans, specifications, form of contract and estimate of costs for the construction of the 1980 Melrose Avenue Sanitary Sewer Extension Assessment Project. - Resolution adopting plans, specifications, form of contract and estimate of cost. - Receipt of bids. - Resolution making award of contract. Such additional matters as are set forth on the addi- tional 5 page(s) attached hereto. (number) This notice is given at the direction of the Mayor pursuant to Chapter 28A, Code of Iowa, and the local rules of said governmental body. xJ 7e 7f� Deputy City Clerk, Iowa City, Iowa -- P o s t e d3�2/�S zi h/: 5/4 P // ,cy .Removed It. x"(' AHLERS. COONEY. DORWEILER. HAYNIES SMITH. LAWYERS. DEB MOINES. IOWA /6 rch 25 , 1980 The City Council of Iowa City, Iowa, met in regular session, in the Council Chambers, Civic Center,owl ty, Iowa, at 7.30 o'clock P .M., on the above date. There were pres6nt Mayor John R. Balmer in the chair, and the following named Council Mem ers: Erdahl, Lynch, Neuhauser, Perret Vevera Absent: Roberts —1— AHLERs, COONEY. DOHWEILEH, HAYNIE IN SMITH, LAWYERS, DEB MOINES, IOWA /& This being the time and place fixed for a public hearing on the matter of the adoption of plans, specifications, form of contract, and estimated cost for the construction of the 1980 Melrose Avenue Sanitary Sewer Extension Assessment Project, the Mayor called for any oral objections to the makiftg of said improvements and extensions, or to the adoption of the plans, specifications, form of contract or estimate of cost. No oral objections were offered and the Clerk reported that no written objections thereto had been filed. -2- AHLER: `:OONEY. DORWEILER. HAYNIES SMITH. LAWYERS, DES MOINES, IOWA . s✓ Council Member Vevera introduced the following Resolution entitled RESOLUTION ADOPTING PLANS, SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATED COST" and moved that the same be adopted. Council Member Perret seconded the motion to adopt. The roll was called and the vote was, AYES: Vevera, Balmer, Erdahl, Lynch, Neuhauser, Perret ABSENT: Roberts NAYS: None Whereupon, the Mayor declared the following Resolution duly adopted: 80-113 RESOLUTION ADOPTING PLANS, SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATED COST WHEREAS, on the 12th day of Februar , 1980, plans, specifications, form o�contract an estimate cost were filed with the Clerk of Iowa City, Iowa, for the construction of the 1980 Melrose Avenue Sanitary Sewer Extension Assessment Project, within the corporate limits; and WHEREAS, notice of hearing on plans, specifications, form of contract, and estimated cost was published as required by law: NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: That the said plans specifications, form of contract and estimated cost are hereby approved as the plans, specifications, form of contract and estimated cost for said improvements and extensions for said project. PASSED AND APPROVED, this 25th day of ATTEST: yor Piz 1, Clerk ` -3- March A HLERS, GOONEY, DORWEILER, HAYNIE &SMITH. LAWYERS, DES MOINES. IOWA At , 1980. /69 Whereupon, there was received and filed the City Engineer's report of the bids received on March 19 , 1980, and publicly opened pursuant to resolution of the Council and notice duly published for construction of the 1980 Melroge Avenue Sanitary Sewer Extension Assessment Project, in accordance with the plans and specifications now adopted, as attached following: (Attach copy of report of bids received) -4- •5. COONEY. DORWEILER. HAYNIE &SMITH. LAWYERS, DES MOINES, IOWA 1710 l1 D o ('v \e `7 c s ` j �N,..:� / �6-.,,�/-r /JJsr�,/� (.ter'✓�_�..rl.� / '=-% J.�1'n.nnJf 1 f,.Y'�. c NAME OF BIDDER 2J `1Se+.l.c ti in► tri. lror io, wl�cn Intas 4. Rn_ ,. `� So o C 0 r _ CERTIFIED CHECK S I Q 0 U.0 n n.Q {-^.cli S 000.00 wmao P c °r S I, 000, riQ 5'U 6o.0 S ?TEM QUANTITY DESCRIPTIONAM(MINT UNIT EXTENDED UNIT PR EXTENDED AMOITNT UNIT T3 - EXTENDED AWN TNT UNIT PR. EXTENDED M UNIT EXTENDED M Q3Z_ L.F. „ VCP sa a s ,Tgo A -151,0. ea flu ¢ S 0 G Z.So 16 S y Op 9t 30,00 ft I a6D o0 12,0 t S i o �Fj 13 L.E. LlP OG 3 ( q. 19.50 203,50 R.SO 4 35.00 39s:5-00 -11,00 I P)0 .00 13. LI Sor4PwA-'N yy rti ,c�Qjo'0 -Z6,0G 4SS00 3 9 `10, 00 00.00 3 200, 00 lZ00,OD 6, 9 00, QQ 1000.00 4 D00, 00 4. 69,5 �� ���'� wjp10c« 3S, (70 2 y'32.S 30,00 Z 12 S 5.00 2q I I 94.96 M-00 .D .23 Oc 5-0 CC s uAk Z.I) {, x,0 lo. 0 3.00 3.50 asc, 00 x00 d 0.00 „p+CC.. nn,o on -t. Z.1 -792, 50 3.0o I2S. I.�S 6510 2S 3.50 I Iz.S0 I.�L 511,51 IlS Y�. -F�„� �; nE ser. x.11 40 9 ..00 .00 { 035.00 N. vo 13 .0 7.00 I sso. 00 0.1. 1-1 u 1 ( 1 TOTAL BID I o � /S 6S �l 15-. 9 3.E 09. 1b2.S'b Council Member Neuhauser introduced the following Resolution entitled "RESOLUTION MAKING AWARD OF CONTRACT" and moved its adoption. Council Member Vevera seconded the motion to adopt. The roll was called and the vote was, AYES: Vevera, Balmer, Erdahl, ch, Neuhauser, Perret Absent: Roberts NAYS: None Whereupon, the Mayor declared the following Resolution duly adopted: 80-114 RESOLUTION MAKING AWARD OF CONTRACT BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: That the bid of Weber Bros. of Mechanicsville, IA in the amount of or the construction of the 1980 Melrose Avenue Sanitary Sewer Extension Assessment Project, described in the plans and specifications heretofore adopted by this Council for said project, after public hearing on published notice required by law, be and is hereby accepted, the same being the lowest bid received for said work. The Mayor and Clerk are hereby directed to execute contract with the said contractor for the construction of said improvements and extensions, said contract not to be binding on the City until approved by this Council. PASSED AND APPROVED, this 25th day of March , 1980. ATTEST: mayor (&L, Clerk -5- AHLERS. :EY. DORWEILER. HAYNIE 6 SMITH. LAWYERS, DES MOINES. IOWA 172- f ESOLUTION NO. 80-115 �!�/`<< RESOLUTION AUTHORIZING FILING OF A COMMUNITY DEVELOPMENT BLOCK GRANT/ SMALL CITIES PROGRAM APPLICATION IN THE AMOUNT OF $775,000 UNDER THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974, AS AMENDED, INCLUDING ALL UNDERSTANDINGS AND ASSURANCES CONTAINED THEREIN AND DESIGNATING THE CITY MANAGER AS THE AUTHORIZED CHIEF EXECUTIVE OFFICER FOR THE GRANT WHEREAS, the City authorized to file as amended; and, of.Iowa City, Iowa, is an eligible unit of general local government an application under the Housing and Community Development Act of 1974, WHEREAS, the City of Iowa City, Iowa, has prepared an application for federal assistance under the Community Development Block Grant/Small Cities Program totalling an amount of $2,000,000 over a three year period, of which this year's asking is $775,000; and, WHEREAS, the City of Iowa City, Iowa, has provided the residents of the community with opportunities to participate in the application's development; and, WHEREAS, the City Council of Iowa City, Iowa, believes that the public interest will be served by filing said application with the United States Government. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the City Manager of Iowa City be and is hereby directed to file with the United States Department of Housing and Urban Development an application for the Community Development Block Grant/Small Cities Program under the Housing and Community Development Act of 1974 as amended; and, BE IT FURTHER RESOLVED that the City Manager is authorized and directed to provide the necessary understandings and assurances required by the Department of Housing and Urban Development in connection with said application, specifically assurances contained in HUD form 7088; and, BE IT FURTHER RESOLVED that the City Manager is designated as the chief executive officer and as the representative of the applicant to act in connection with the application and to provide such additional information as may be required. It was moved by Erdahl and seconded by Neuhauser the Resolution be 14 adopted, and upon roll call there were: AYES: NAYS: ABSENT: X X X X X X Passed and approved this 25th Balmer Erdahl Lynch Neuhauser Perret X Roberts Vevera day of March , 1980- 4A=YOZR ATTEST: L CITY CLERK llocoived & Approved The W.1 Departawnt 173 I RESOLUTION NO. 80-116 RESOLUTION APPROVING CLASS C LIQUOR CONTROL LICENSE APPLICATM BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Liquor Control License application is hereby rov� appTor the following named person or persona at the following described location: Towncrest Inn, Ltd. dba Towncrest Inn, Ltd., 1011 B Arthur St. Said approval shall be subject to any conditions or re- strictions hereafter imposed by ordinance or State law. The City Clerk shall cause a recommendation for approval to he endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond, sketch of the premises and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by that the Resolution there were: Balmer Lynch Erdahl Neuhauser Perret Roberts Vevera T, vnch and seconded by Neuhauser as read be adopted, and upon roll call AYES: NAYS: ABSENT: x x x K Passed and approved this 1st day of April 19 80 Attest:q.�aox�-7� City Clerk V 171A RESOLUTION NO. 80-117 RESOLUTION ADOPTING THE BIKEWAYS REPORT AND PLAN AS AN AMENDMENT TO THE IOWA CITY COMPREHENSIVE PLAN FOR LAND USE, TRAFFICWAYS, AND COMMUNITY FACILITIES. WHEREAS, the Iowa City Comprehensive Plan states that one of its transportation policies is to "develop a safe, continuous bikeway system which will encourage the use of the bicycle for transportation and recreation by all age groups"; and, WHEREAS, one of the recommendations of the transportation section of the Comprehensive Plan is to "adopt and implement the Bikeways Report and Plan"; and, WHEREAS, the Planning & Zoning Commission and the City Council have held public hearings as required for amending the Comprehensive Plan. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY that the Bikeways Report and Plan be adopted by the City Council as an amendment to the Comprehensive Plan, to provide a basis for decisions regarding the implementation of a Bikeway System in Iowa City. It was moved by Neuhauser 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 1st day of A ril 1980. YOR ATTEST: -iK nW (Qat, CITY CLERK -0 d' Received & Approved By The Legal Department 175- RESOLUTION NO. 80-118 RESOLUTION AMENDING THE LARGE SCALE RESIDENTIAL DEVELOPMENT PLAN FOR PENTACREST GARDEN COURT APARTMENTS. WHEREAS, the City Council of Iowa City, Iowa, on November 22, 1977, approved the preliminary and final large scale residential development for Pentacrest Garden Court Apartments (Resolution No. 77-447); and WHEREAS, the Iowa City Planning and Zoning Commission has recommended an amendment of said LSRD plan to allow an access from the south parking lot of the Pentacrest Garden Court Apartments to Court Street, directly opposite Capitol Street; and WHEREAS, the owner of the Pentacrest Garden Court Apartments, James Clark, has consented and concurred with the recommendations of the Planning and Zoning Commission. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the Large Scale Residential Development Plan for the Pentacrest Garden Court Apartments be amended to allow an access from the south parking lot of Pentacrest Garden Court Apartments to Court Street, directly opposite Capitol Street. It was moved by Neuhauser and seconded by Vevera 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 1st day of April 1980.�� —�,I A OR ATTEST:. CITY CLERK Rc,:eivod & Aprvmd Py 'the Legal Deparhm.t 176 /Cea RESOLUTION NO. 80-119 RESOLUTION ENDORSING THE CONCEPT OF A SHARED/JOINT USE SWIMMING POOL FOR THE COMMUNITY. WHEREAS, the construction of an additional indoor swimming pool facility has for some years been identified as a primary need for our community, and WHEREAS, such a facility would greatly benefit the citizens of Iowa City and the surrounding area for both educational and recreational purposes, and WHEREAS, the Swimming Pool Task Committee has in the past three months explored the issue and proposed a course of action implementing a joint planning committee for the second phase of this project, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY that the City Council endorses the concept of a shared/joint use swimming pool for the community and considers further participation to be a desirable alternative for the future. It was moved by Neuhauser and seconded by Perret 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 1st day of April 1980. YOR ATTEST: '�, .,.)� 1� j CI Y CLERK Received & Approved By The Legal Dopertment /,7;7 Council Member Neuhauser introduced the following Resolution entitled "RESOLUTION APPROVING CONTRACT AND BOND" and moved its adoption. Council Member Perret seconded the motion to adopt. The roll was called and the vote was, AYES: Lynch, Neuhauser, Perret, Roberts Vevera, Balmer ABSENT: Erdahl NAYS: None Whereupon, the Mayor declared the following Resolution duly adopted: RESOLUTION N0. 80-120 RESOLUTION APPROVING CONTRACT AND BOND BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: That the contract and bond executed by Weber Bros. of Mechanicsville, Ia. dated ,1980, for the construction o t e 1980 Melrose Avenue Sanitary Sewer Extension Assessment Project, as described in the plans and specifications and which have been signed by the Mayor and Clerk on behalf of the Municipality, be and the.same are hereby approved. PASSED AND APPROVED, this 1st day of April , 19801. ATTEST: -2- AHLERS, COONEY. DORWEILER. HAYNIE & SMITH, LAWYERS, DEB MOINES, IOWA /7.9 /LI � e 1 h: (This Notice to be posted) NOTICE AND CALL OF PUBLIC MEETING Governmental Body: The City Council of Iowa City, Iowa. Date of Meeting: April 1, 1980 Time of Meeting: 7:30 P.M. Place of Meeting: Council Chambers, Civic Center, Iowa City, Iowa. PUBLIC NOTICE IS HEREBY GIVEN that the above mentioned governmental body will meet at the date, time and place above set out. The tentative agenda for said meeting is as follows: 1980 Melrose Avenue Sanitary Sewer Extension Assessment Project. - Resolution approving contract and bond. Such.additional matters as are set forth on the addi- tional 3 page(s) attached hereto. (number) This notice is given at the direction of the Mayor pursuant to Chapter 28A, Code of Iowa, and the local rules of said governmental body. City erc, Iowa i y, Iowa P o s t e d/�f� y"30'0/y. k� Removed'/-Z/S"' r AHLERS. COONEY. DORWEILER. HAYNIE N SMITH, LAWYERS, DES MOINES, IOWA 17-7 l it 1 , 1980 The City Council of Iowa City, Iowa, met in reula_r session, in the Council Chambers, Civic Center, ow7�a City, Iowa, at 7:30 o'clock P .M., on the above date. There were present Mayor John R. Balmer , in the chair, and the following named Council Mem ers: Lynch, Neuhauser, Perret, Roberts, Vevera Absent: Erdahl -1- AHLERS. GOONEY. DORWEILER. HAYNIE d SMITH. LAWYERS, DEB MOINES. IOWA ,{ off/ CONTRACT THIS AGREEMENT, made and entered into this day of April , 119, by and between the City of Iowa City, Iowa party of the first part, hereinafter referred to as the "Owner" and Weber Bros, party of the second part, hereinafter referred to as the "Contractor". 14ITNESSETH: That whereas the Owner has heretofore caused to be prepared certain plans, 16, specifications and proposal blanks, dated the 1 day of Am , 19 $o , for the 1980 Melrose Avenue Sanitary Sewer Extension Assessment Project under the terms and conditions therein fully stated and set forth, and Whereas, said plans, specifications and proposal accurately, and fully describe the terms and conditions upon which the Contractor is willing to perform the work specified: NOW, THEREFORE, IT IS AGREED: 1. That the Owner hereby accepts the attached proposal of the Contractor for the work and for the sums listed therein. 2. That this Contract consists of the following component parts which are made a part of this agreement and Contract as fully and absolutely as if they were set out in detail in this Contract: a. Addenda Numbers b. "Standard Specifications for Highway and Bridge Construction", Series of 1977, Iowa Department of Transportation, Highway Division, plus current special provisions and supplemental specifications. c. Plans d. Notice of Public Hearing and Advertisement for Bids. / e. Spe Provisions f. Proposal g. This Instrument The above components are complementary and what is called for by one shall be as binding as if called for by all. 3. That payments are to be made to the Contractor in accordance with and subject to the provisions embodied in the documents made a part of this Contract. 4. That this Contract is executed in 3 copies. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals the date first written above. Contractor &{ ,, (Seal ) (Title) - Mayor (Title) {Z��.r,..,,,. ATTEST: ATTEST: Ani 20o_ (Title) City Clerk (Title) (company` ifficial ) CF -2 / 79 FORM OF PROPOSAL FOR THE 1980 MELROSE AVE. SANITARY SEWER EXIENSION ASSESSMENT PROJECT CITY OF IOWA CITY NOTE TO BIDDERS: Y PLEASE DO NOT USE THE FORM OF PROPOSAL INCLUDED IN THE BOUND VOLUME OF THE SPECIFICATIONS. SEPARATE COPIES OF THIS PROPOSAL WILL BE FURNISHED TO BIDDERS UPON APPLICATION TO THE ENGINEER. Name of Bidder CiisZt.c. y]cca_ Address of Biddeq,-I, 7 /yyr�e�-,,; -,., r(oa T.:< ..• .r�,oi TO: City Clerk City of Iowa City Iowa City, Iowa 52240 The undersigned bidder submits herewith bid security in the amount of $ 1.000.00 in accordance with the terms set forth in the "Standard Specifications", Article 1102.12. The undersigned bidder, having examined and determined the scope of the Contract Documents, hereby proposes to provide the required labor, services, materials and equipment and to perform the work as described in the Contract Documents, including Addenda, and and do all work at the prices erJna ter set out. We further propose to do all "Extra Work" which may be required to complete the work contemplated, at unit prices or lump sums to be agreed upon in writing prior to starting such work, or if such prices or sums cannot be agreed upon to perform such work on a force account basis, as provided in the "Standard Specifications". P-1 177 ESTIMATED UNIT EXTENDED ITEM DESCRIPTION UNIT QUANTITY PRICE AMOUNT 1. 8" VCP sanitary sewer L.F. 432 $ ,'c $ 2. 8" DIP sanitary sewer L.F. 113 $.9.. $ 3. Sanitary sewer manhole Each 4 $ ncc $ . ccen 4, 8" PCC pavement replacement Sq. Yd. 69.5 $Ay, D $ 1 5. 4" PCC sidewalk replacement Sq. Ft. 80 $ ,r a $_��r, 6. 3" ACC driveway replacement Sq. Ft. 375 $1.•71 $ r, Com] i 7. Special bedding & select Cu. Yd. 115 $ backfill Total Extended Amount P-1 177 The undersigned bidder certifies that this proposal is made in good faith, without collusion or connection with any other person or persons bidding on the work. The undersigned bidder states that this proposal is made in conformity with the Contract Documents and agrees that, in the event of any discrepancies or differences between any conditions of his proposal and the Contract Documents prepared by the City of Iowa City, the provisions of the latter shall prevail. (Seal - if bid is by a corporation PARTNERSHIPS: FURNISH FULL NAME OF ALL PARTNERS FIRM: &1 By: (Title) Business dress P-2 / 7/ IA 396633 PERFORMANCE AND.PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS THAT Weber Bros. Mechanicsville, IA (Here insert the name and address or legal title of the Contractor) a Principal, hereinafter called the Contractor and Merchants Mutual Bonoing Company, Des Moines, IA as Surety, hereinafter (Here insert the legal title of the Surety) called the Surety, are held and firmly bound onto the City of Iowa City, Iowa, as obligee, hereinafter called the Owner, in the amount of Fifteen thousand ninety-three & 70/10ODol 1 ars ($ 15,093.70) 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 April 1 , 19 80, entered into a Contract with Owner for.., the 1980 Melrose Avenue Sanitary Sewer Extension Assessment Project THE 1980 MELROSE AVE. SANITARY SEWER EXTENSION ASSESSMENT PROJECT In accordance with plans and specifications prepared by the City of Iowa City, which Contract is by reference made a part hereof, and is hereinafter referred to as the Contract. NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION are such that, if 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 obligations thereunder, the Surety may promptly remedy the default, or shall promptly: PB -1 / %% 1. Complel he Contract i'n accordance witl s terms and conditions, or 2. Obtain a bid or bids for submission. to Owner for completing the Contract in accordance with its terms and conditions, and upon determination by Owner and Surety of the lowest responsible bidder, arrange for a contract between such bidder and Owner, and make available as work progresses (even though there should be a default or a succession of defaults under the Contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the Contract Price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the Contract Price", as used in this paragraph, shall mean the total amount payable by Owner to Contractor under the Contract and any amendments thereto, less the amount properly paid by Owner to Contractor. C. .The Contractor and his Surety shall, in accordance with the provisions of Section 384 of the Code of Iowa be obligated to keep the improvements covered by this bond in good repair for a period of two 2 years from the date of acceptance of the improvements by the Owner. O. No right of action shall accrue to or for the use of any person or corporation other than the Owner named herein or the heirs, executors, administrators or successors of Owner. PB -2 / %% i : IT IS A FURTHER IDITION-OF THIS OBLIGATION tha ie principal and Surety shall, in accordance with provisions of Chapter 573 of the Code of Iowa, pay to all persons, firms or corporations having contracts directly with the principal or with subcontractors all just claims due them for labor performed or materials furnished in the performance of the contract on account of which this bond is given. The provisions of Chapter 573, Code of Iowa, are a part of this bond to the same extent as if they were expressly set out herein. SIGNED AND SEALED THIS 27th DAY OF March A.D., lg 80 IN THE PRESENCE OF: Weber Bros. kvrincipai) itnes's Byt* W tness Merchants Mutual Bonding Company PB -3 1 719 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.J. Long, Vice President; W.G. Brundage, Secretary -Treasurer; Gene Davis, Assistant Secretary. IN TESTIMONY WHEREOF, I have hereunto set my hand a££ prgsident and affix the Corporate Seal of the MERCHANTS MUTUAL BONDING COMPANY, this L7th day of Marc , 19—M President State of Iowa ) )ss County of Polk ) On this day of 19—, 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 instrument, and that the Seal affixed to the said instrument is the Corporate Seal of the said Corporation and that the said instrumentwas signed and sealed in behalf of said Corporation by authority of its Board of Directors, IN TESTIMONY WHEREOF, I have hereuntoset my hand affixed my Official Seal at the Cityof Des Moines, Iowa, the day and year first above written. Notary Public, Polk County, Iowa My Commission Expires 9-30-80 NOTARY SEAL / 79 /moi 1. 4. RESOLUTION NO. 80-121 RESOLUTION AWARDING CONTRACT TO METRO PAVERS, IOWA CITY, EEIOWA, IMPROVEMENTCPROJECT PHASETJAEE AUTHORIZING THE MAYOR I'0 SIGN AND THE CITY CLERK TO CERTIFY SAID CONTRACT, AND APPROVING PERFORMANCE BOND AND INSURANCE CERTIFICATES WHEREAS, the bid of Metro Pavers of Iowa City, Iowa in the amount of 839.152.40 for the construction of Streetscaoe Imorovement Prolect Phase II -B within the City of Iowa City, Iowa, be and is hereby accepted, the same being the lowest responsible bid received for said work, and, WHEREAS, Metro Pavers 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: A. The Mayor and City Clerk are hereby directed to execute a contract with the said Metro Pavers of Iowa City, Iowa or the Streaterane Thr. PrOjact Phace IT -R said contract not to be binding on the City until approved by this Council. B. That the performance bond and insurance certificates for the construction of the above-named project are approved by the Council. It was moved by Perret and seconded by Neuhauser 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 lst day of A ril _, 19 80 . 'or ATTEST: 4. g.i City Clerk V Received & Approved By The Legal Department #3871011c—Ct- PERFORMANCE AND PAYMENT BOND KNOW ALL MGN BY THESE PRESENTS THAT Metro Pavers, Inc. Iowa City, Iowa 711ere ansert the name and address or legal title o tie Contractor a Principal, hereinafter called the Contractor and Merchants Mutual Bonding Company here insert The Legab tate of the Surety) as Surety, hereinafter called the Surety, are held and firmly bound onto the City of' Iowa City, Iowa, as obligee, hereinafter called the EIGHT HUNDRED THIRTY NINE THOUSAND ONE HUNDRED Owner, in the amount of FIFTY TWO AND 40/100 ------------------------------ Dollars ($ 839,152.40 ---------- -) 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 April 1, , 19 80 , entered into a Contract with ,Owner for . City of Iowa City CBD Streetscape Improvement Program, Phase II -B Iowa City, Iowa In accordance with drawings and specifications prepared by the City of Iowa City, which Contract is by reference made a part hereof, and is hereinafter referred to as the Contract. NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION are such that, if Contractor shall promptly and faithfully perform said Contract, then 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 dcfau.lt under the Contract, the Owner having performed Owner's PB -1 C obligations thereunder, the Surety may promptly remedy the default, or shall promptly: 1. Complete the Contract in accordance with its terms and conditions, or 2. Obtain a bid or bids for submission to Owner for completing the Contract in accordance with its terms and conditions, and upon determination by Owner and Surety of the lowest responsible bidder, arrange for a contract between such bidder and Owner, and make available as work progresses (even though there should be a default or a succession of defaults under the Contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the Contract Price; but not exceeding, including.other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the Contract Price", as used in this paragraph, shall mean the total amount payable by Owner to Contractor under the Contract and any amendments thereto, less the amount properly paid by Owner to Contractor. The Contractor and his Surety shall, in accordance with the provisions of Section 384 of the Code of Iowa be obligated to keep the improvements covered by this bond in good repair for a period of five (5) years the improvements by the Owner. PB -2 from the date of•acceptance of 0 / Y/ D. No right of action shall accrue to or for the use of any person or corporation other than the Owner named herein or the heirs, executors, administrators or successors of Owner. IT IS A FURTHER CONDITION OF THIS OBLIGATION that the principal and Surety shall, in accordance with provisions of Chapter 573 of the Code of Iowa, pay to all persons, firms or corporations having con- tracts directly with the principal or with subcontractors all just claims due them for labor performed or materials furnished in the performance of the contract on account of which this bond is given. The provisions of Chapter 573, Code of Iowa, are a part of this bond to the same extent as if they were expressly set out herein. SIGNED AND SEALED THIS 1st DAY OF April A.D., 19 80 IN THE PRESENCE OF: _ METRO PAVERS, INC. (Principal) a L. ZUt r f jar , c l /. f��- Witness �' L� It.LCj - MERCHANTS MUTUAL BONDING COMPANY (Surety) - 0"'U�4 " aAAiy✓1 �r+2L Witness Yft e A orney-in-Fact PB -3 MERCHA_ . TS MUTUAL BONDI: J COMPANY DES MOINES, IOWA POWER OF ATTORNEY Know All Men By These Presents, that the Nil lu'llANe'x &al'II AL uuNumG ornivnNx. a corporation duly organized under the laws of the State of Iowa, and having Its principal office in the City of Des Moines, County of Polk. State of Iowu. hath made, constituted and appointed, and does by these presents make, constitute and appoint INDIVIDUALLY C.B. Condon, G.A. LaMair II, Carl J. Orant Jr., Jams E. 2hCq-)son, James F. Norris, F. Melvyn Hrubetz of Des ft r,Py and State ofI a its true ;tad lawful Auomey-in-Fucl. with full power and authority here y con erred In its name, place and tea o sign, execute, acknowledge and deliver In its behalf us surety; Any or all bonds or undertakings, provided that no bond or undertaking executed under this authority shall exceed in amount the sum of CNE MILLICN DOLLARS ($1,000,000.00) and to bind the MERCHANTS MUTUAL BONDING COMPANY thereby as fully and to the same extent as if such 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 Pbwer-of•Anomoy is made and executed pursuant to and by authority of the following By-law adopted by the Board of Directon of the MERCHANTS MUTUAL BONDING COMPANY. ARTICLE 2. SECTION SA.: 'The Channon of the Board or President or any Vice President or Secretary shall huve power and authority to appoint Attorneys- it -Fact, and to authorize them to execute on behalf of the Company, and uttach the Seal of the Company thereto, bonds and undertakings. recognizance&, contracts 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 bead to be hereto affixed. this 22nd day of may A.U., 1979 Attest MERCHANTS MUTUAL BONDING COMPANY By Vire PmiJenr STATE OF IOWA COUNTY OF POLK On this 22nd day of May .19 79 hcfoo, me ,,ppea,,d W.w. wurner and William Warner, to me personally known, who being by me duly sworn did soy that they are President and Vice President respec• lively of the MERCHANTS MUTUAL BONDING COMPANY. the corporation described in the foregoing instrument. and that the Seal uffixed to the said instrument is the Corporate Sud of the said Corporation and that the haid instrument was signed and sealed in behalf of suid Corporation by authority of its Board of Directors. In Testimony Whereof. I huve hereunto set my hand and affixed by Official Seal, at the City of Des Moines, Iowa the day and year first above written. 00 Sar% w. N A'nmry P"U'. Ala Cnwo-. M. IO WA • r,.,.nn.uem era r. 9-30-81 ,+re STATE OF IOWA 41f A I- IN COUNTY OF POLK \rwtwrn, J. William Wumcr. Vice President of the MERCHANTS MUTUAL BONDING COMPA N!'U ' 4t%'V' certify that the above and foregoing is a true and correct copy of the POWER OF KTTOR'",, said MERCHANTS BONDING COMPANY, which is still In force and effect. ;° s(b *t gR��50 s In Witness Whereof, 1 have hereupw self y hand rind uffis the zeal of the Company, at =ray;°A�� �fi yc s this 1st day of it) 19, �" •• I C ��� t��• 1{933 ., This power ofauomey expires Until Revoked •,,� ;o;�� „a� RESOLUTION NO. 80-122 RESOLUTION APPROVING CLASS C LIQUOR CONTROL LICENSE APPLTCM= BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Liquor Control License application is hereby approva-7or the following named person or persons at the following described location: Chris Flilke dba Wilke's Lounge, 122 Wright Said approval shall be subject to any conditions or re- strictions hereafter imposed by ordinance or State law. The City Clerk shall cause a recommendation for approval to he endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond, sketch of the premises and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by Perret and seconded by Vevera that the Resolution as read-Fe—adopted, and upon io7'% aTT there were: AYES: NAYS: ABSENT: Balmer x Lynch x Erdahl x Neuhauser x Perret x Roberts x Vevera x Passed and approved this 8th day of April 19 80 Attest: City Clerk / tz. r Attest: City Clerk / tz. RESOLUTION NO. 80-141 RESOLUTION TO REFUND CIGARETTE PERMIT WHEREAS, BPO Elks 11590 at 637 Foster Rd. in Iowa City, Iowa, has surrendered cigarette permit No. 80-149 , expiring June 30 , 19 80 , and requests a refund on the unused portion thereof, now therefore, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that cigarette permit No. 80-149 , issued to be cancelled, and BPO Elks 11590 BE IT FURTHER RESOLVED that the Mayor and City Clerk be and they are hereby authorized and directed to draw a warrant on the General Fund in the amount of $ 50.00 payable to BPO Elks 11590 as a refund on cigarette permit No. 80-149. It was moved by Perret and seconded by Vevera that the Resolution as read be adopted, and upon roll call there were: Balmer X Lynch X Erdahl X Neuhauser Perret x Roberts x Vevera x x Passed and approved this 8th day of April 1980 -Myor r Attest: /o,3 M RIiSoLIITION NO. 80-124 RESl1HITION TO REFUND A PORTION OF CLASS C LIQUOR LICENSE: FEE WHEREAS, Wm. L.C. Faux—Burhans dna/ Bull Market, Inc. at 325 E. Washington has surrendered Liquor License x 9899 to tht: Iowa State Beer I,, Liquor Control Department, and has received the State share of 35% of 2nd quarter of the liquor license fee, and, WHEREAS, the above licensee has applied for refund of the City' share of 65% of 2nd quarter of the liquor license fee, BE IT RESOLVED BY THI' CITY COUNCIL OF IOWA CITY, IOWA, that the Mayor and City Clerk be authorized and directed to draw a warrant on the General Fund in the amount of $ 422.50 , payable to Wm. L.C. Faux—Burhans , for refund of portion of Liquor License P 9899 It was moved by Perret and seconded by Vevera that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Balmer x Lynch x Erdahl x Neuhauser x Perret x Roberts Vevera Passed and approved this 8th day of April 198Q a or ATTEST: City Clerk If RESOLUTION NO. 80-125 RESOLUTION APPROVING CLASS "B" BEER PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class "B" Beer Permit Application is hereby approved for the following named person or persons at the following described location; Iowa State Board of Regents University of Iowa dba Finkbine Golf Course, Iowa Memorial Union 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 be endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by perrpt and seconded by vevera that the Resolution as read be adopted, and upon ro—rr ca there were: AYES: NAYS: ABSENT: Balmer x Lynch x Erdahl x Neuhauser x Perret x Roberts x Vevera x Passed and approved this 8th day of April 19 80 . a ,or 1 Attest: City Clerk / �Irs� /,ems do cc. / 1 RESOUNION NO. 80-126 RESOWTION ACCEPTING PAVING & STORM SEWER ON FOSTER ROAD WHEREAS, 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 storm sewer on Foster Road in Conway's Addition, from the West P.T.R. of Buresh Avenue and Foster Road, east 267 feet, 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, NOW THEREFORE BE IT RESOLVED by the City Council of Iowa City, Iowa, that said improvements be accepted by the City of Iowa City. It was moved by . -Pe r r e t and seconded by V e v e r a that the Resolution as read be accepted, arra upon roll call there were: AYES: NAYS: ABSENT: Balmer Erhahl Lynch Neuhauser Perret Roberts Vevera Passed and approved this A=T: 8th x day of April , 19 80 Mayor Received & Approved City C', erk 8 T e Legal D epartment ur- 93 4 CITY OF IOWA CITY CIVIC CFNIFR 410 F. WMI IINGTON M. IOWA CIIY IOWA 52240 (319) 354.18Q0 LNGINLIR'S REPORT April I, 1900 Honorable Mayor and City Council Iowa City Iowa Dear Honorable Mayor and Councilpersons: 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 City. The required maintenance bond is on file in the City Clerk's office. Concrete paving and storm sewer on Foster Road in Conway's Addition, from the West PTR of Buresh Avenue and foster Road, east 267 feet, as constructed by Metro Pavers, Inc. of Iowa City, Iowa. i I hereby recommend that the above mentioned improvements be accepted by the City of Iowa City. Respectfully submitted, Charles J. Schmadeke, P.E. City Engineer PI C IMPROVEMENT MAINTL•'NAN1___ _;OND FOR THE AIAINTENANCE OF T;n0fit JAll gett Telig, (Hese 11irescnts: That MEfRO.PAVERSINC., INCof Ioxa City, Iowa as Principal, and the MERCHANTS MUTUAL BONbINC COMPANY: of Des MAines, Ioxa and firmly bound unto the City of Iowa City, Iowa as Surety, are held in the penal sum of r Thirteen Thousand Seven Hundred Eighty-eight and 18100---(-t 13,788.18-----) 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 12thday of Deeember A.D. 19 99 Whereas, the said Principal entered into a certain contract, dated the 8th day of August , 19 99 , with the Condoxa, Inc, , to furnish all the material and labor necessary for the construction of Approximately 1,064,58 sq, As. 7" PCC , 534.43 lin, ft, of. curb and I RA 5 intake for Lot 30 Conways subdivision in 1heCity of Iowa City, Iox; 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 wid,in a period of five under said contract; and Years from the date Of -acceptance of the work 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 ftxmIoxa City,Ians aforesaid; Now, Therefore, the Condition of This Obligation is Such, that if the said Principal does and shall, at his own cost and expense, remedy any and all defects that may develop in said work, within tine period of five years from the date of acceptance of the work under said con- tract, 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 said period, and shall in all other respects, comply with all the terms and conditions of said contract with respect to maintenance and repair se to be and remain in full force and of said work, then this obligation to be null and void; otherwise virtue in law. _- METRO -PAVERS, INC. ------ ---- Principal Approved ---------------------------19---- Ry---------- #2642 ----------------------- City Solicitor. By Mutual .Aogd3ng Company___ Surety jrG MERCHAr. _ 3) MUTUAL BONDIN COMPANY DES MOINES, IOWA POWER OF ATTORNEY Know All Men By 'these Presents, that the MI RCHANTS MUTUAL, BONGING COMPANY, a corporation duly organized under the laws of the State of town, and having its princip:d office in the City of Des Moines, County of Polk. State of Iowa, hath made, constituted and appointed, and docs by these presents make, constitute and appoint INDIVIDUALLY C.B. Condon, G.A. IraMair II, Carl J. Cxant Jr. , James E. Thoapson, James F. Norris, F. Melvyn Hrubetz of IJJLS }.�lI1eg unit State of IaJa its true and lawful Attorney -in -Fact, with full power and authority hereby conferred in its name, place and stead, to sign, execute, acknowledge and deliver in its behalf as surety: Any or all bands or undertakings, provided that no bond or undertaking executed under this authority shall exceed in amunt the sum of CNE MILLION DOLUM ($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 Powcrof-Attorney is made and executed pursuant to and by authority of the following By -Law adopted by the Board of Directors of the MERCHANTS MUTUAL BONDING COMPANY. ARTICLE 2, SECTION SA. -*'The Chariman of the Board or President or any Vice President or Secretary shall have power and authority to appoint Attorneys -in -Fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, Fonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the manure thereof." In Witness Whereof, MERCHAN'T'S MUTUAL BONDING COMPANY has caused these presents to be signed by its President and Vice President, and its corporate scat to he hereto affixed, this 22nd day of May A.D., 1979 Attest: I,,,, Prrrjdrm STATE OF IOWA COUNTY OF POLK By MERCHANTS MUTUAL. BONDING COMPANY ? r,Wrm On this 22nd day of May ,19 79 before me appeared W.W. Warner and William Warner, to me personally known, who being by me duly sworn did say that they are President and Vice President respee- uvcly of the MERC'HAN 1 S MUTUAL BONDING COMPANY, the corporation described in the foregoing instrument, and that the Seat affixed to the Maid instrument is the Corporate Sed of the said Curpordion and that the said instrument was signed and sealed in behalf of said Corporation by authority of its Ilmu'd of Ducchvs. In Testimony Whereof, I have heroulo vel City hand and affixed by Official Seal, at the City of Des Moines, Iowa the day and year first above written. .; IOWAle N""' Pobtlr, Pop Coonry, law Ffy Cammurbn E+Plrr+ 9-30-81 'r STATE STATE OF IOWA 44IA %- Ss.r,/' COUNTY OF POLK } ss. �'r.ne.,.�.•,,. L William Warner, Vice President of the MERCHANTS MUTUAL BONDING COMPA�(�`lry'ri °K fNtky certify that the above and foregoing is a true and correct copy of the POWER OF ATTORrS"FJ(1QrOY/f�said M fiRCHANTS BONDING COMPANY, which is still in force and effect. y :`vAt Ojr f ;��'�;- In Witness Whereof, I have hereunto set my hand and affixed the seal of the Company, at - b • ! ..' ithis 12th day of December 19,79 / . /. ; •1933,. p Q This power nnut....... Until Revoked '!' C/ D RESOLUTION NO. 80-127 RESOLUTION AUTHORIZING ADDITIONAL DEFERRED COMPENSATION PLANS WHEREAS, the City Council by Resolution No. 73-547, authorized participation in the International City Management Association Retirement Corporation deferred compensation plan, and WHEREAS, certain income tax benefits accrue to employees through participation in such plans and the City Council recognizes that the tax advantages allow the City to offer an additional 'fringe benefit' with only minimal administrative cost to the City, and WHEREAS, it is now desirable to expand participation opportunities by entering into an agreement with the League of Iowa Municipalities, and WHEREAS, additional deferred compensation plans may be necessary to accommodate employee selections in the future. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY THAT THE CITY ESTABLISH DEFERRED COMPENSATION PLANS AS SET FORTH ABOVE AND FOR THIS PURPOSE AGREE TO THE FOLLOWING: That the Mayor and the City Clerk of the City of Iowa City, Iowa, are hereby authorized and in- structed to execute on behalf of the City of Iowa City, Iowa, a deferred compensation agreement: between the City of Iowa City, Iowa and the league of Iowa Municipalities specifically and generally such other bona fide deferred compensation plans as necessitated by employee selections in the future. It was moved by Perret and seconded by Lynch that the Resolution 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 8th day of April 1980. _ Receiv&d & Approved ATTEST: v By the Legal De arlment CITY C! ERK �ja �4 12'7 City of Iowa C__/ MEMORANDUM Date: April 3, 1980 To: City Council From: Neal G. Berlin, City Manager Re: Proposed Deferred Compensation Program A deferred compensation program is designed to supplement Social Security, IPERS, etc. It is a voluntary program which enables an employee to defer up to 25% of gross pay from future pay periods and immediately reduces current income taxes paid. The City of Iowa City owns the contract, pays by payroll deduction and is the beneficiary. The deferred compensation agreement defines the employees' rights. Currently, two employees participate in an ICMA program for deferred compensation. This will be continued and expanded to include additional management employees who choose this program. Staff from the Legal Department, Finance Department, and the Human Relations Department have researched several deferred compensation programs and have recommended that the City participate in the League of Iowa Municipalities (LIM) Program. The Prouty Company of Des Moines services the program for LIM. Sioux City, Waterloo, Cedar Falls, Des Moines, Mason City and Council Bluffs are some Iowa cities currently participating in LIM program. A Prouty Company representative will explain the program to eligible employees in information meetings and work individually with any interested employees. The City will sign a -joinder agreement and a participation agreement with LIM. The employee will sign a participation agreement authorizing payroll deduction, distribution, and naming a beneficiary. If an employee prefers to participate in a deferred compensation program other than the ICMA or the LIM, it will be the employee's responsibility to work with the Deferred Compensation Committee to set up that program. The attached resolution authorizes the Mayor to execute an agreement for the LIM program and for any other bona fide programs. Internal administrative rules are as follows: Permanent management and confidential employees may voluntarily participate. The minimum deferable amount is $12.50 bi-weekly. The reduction in taxable bi-weekly pay will be made on all paychecks; the annual amount will be spread evenly over all paychecks. An employee may stop or reduce future deferred compensation amounts at any time. Stop and reduce requests must be received on the 15th of the month to be effective the first paycheck of the following month. .9P 5. The enrollment period will be February thru March 15th each year for deductions beginning in April. 6. An employee may enroll or increase future deferred compensation amounts during the enrollment period only. 7. New employees may enroll during the enrollment period only. 8. Employees may specify in which investment accounts deposits are to be made and may change diversification of accounts at any time within the parameter set by the Insurance Company. 9. The maximum deferred amount is limited to 25% of gross pay as specified in the law. 10. Deferred funds are available when employees are (a) disabled, (b) retired, (c) deceased, (d) terminated, (e) involved in a financial emergency as approved by the Deferred Compensation Committee (Internal Revenue Service defines financial emergency as anything unbudgetable). 11. The Deferred Compensation Committee shall consist of the Director of Finance, an Assistant City Attorney, and a representative of the Human Relations Department. These options are available upon termination of employment: 1. Receive a refund. 2. Leave money at interest. 3. If transferring to another governmental agency in the State of Iowa, the account may be transferred. 4. If transferring to private sector, the account may be continued on an individual basis but there is an increased administration charge. There is no direct cost to the City as the entire deferred amount would be deducted from the employee's paycheck. The administrative cost of providing for the payroll deduction and submitting the payment to the company will be minimal once the program is implemented. The City will receive a monthly listing of all employees' account status and will then submit a lump payment to the Prouty Company on the first of each month. Following is the implementation schedule: Action Date Submission of recommendation to City Manager for approval. April 1, 1980 Council approval of resolution authorizing deferred compensation plans. April 8, 1980 Information sent to management and confidential employees. April 16, 1980 3 Prouty representative meets with employees Payroll deductions started on paycheck issued on First payment to Prouty Company tp/sp Week of April 21, 1980 May 16, 1980 June 2, 1980 RESOLUTION NO. 80-128 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: Pester Derby Oil Company dba Pester herby, 606 S. Riverside Dr. 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 by Roberts that the Resolution as read be adopted, and upon roll call there were: Balmer AYES: NAYS: ABSENT: x Lynch x Erdahl Neuhauser x ret x Roberts x Vevera x x Passed and approved this 15th day of April 19 80 r Attest: �a' :.-� City Clerk I ff /Cc✓�' E"cam RESOLUTION NO. Rn -129 RESOLUTION AUTHORIZING AMENDMENTS TO FREEWAY 518 SETTLEMENT AGREEMENT. WHEREAS, the City Council of Iowa City has previously approved a settlement agreement between the City of Iowa City, the Iowa Department of Transportation, Johnson County, and certain other parties, and, WHEREAS, Johnson County and the Iowa Department of Transportation have negotiated certain changes therein, and, WHEREAS, the negotiated changes do not materially alter the previously approved settlement agreement. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, that the attached amended stipulation of settlement be approved and the Mayor, City Attorney, and special counsel for the City be and they are hereby authorized to execute the same on behalf of the City of Iowa City. It was moved by Roberts and seconded by Vevera 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 15thday of April 199880 \, MAYOR -' ATTEST: TY CLERK Received B Approved By The Legal Department :, IN THE DISTRICT COURT OF THE STATE OF IOWA IN AND FOR JOHNSON COUNTY CITY OF IOWA CITY, Plaintiff, IOWA DEPARTMENT OF TRANSPORTATION, Defendant, IOWA CITY CHAMBER OF COMMERCE, ROBERT N. DOWNER, DONALD STRUB, DONALD HERBERT, RUSSELL MISHAK, THOMAS HOOGERWERF, MARVIN HARTWIG, JOHNSON COUNTY, IOWA, CITY OF HILLS AND RIVERSIDE CHAMBER OF COMMERCE, Intervenors. NO. 45014 STIPULATION OF SETTLEMENT COME NOW, the above -captioned parties, the Iowa Department of Transportation (DOT), City of Iowa City (City) and Johnson County (County), and by way of compromise settlement agree as follows: 1. All parties hereto agree and consent to the construction of Arterial Highway 518, sometimes referred to as Freeway 518, extending between Interstate 80 and Primary Highway Iowa 1 in Johnson County along the location identified in the Final Environmental Statement dated May, 1977, and signed for the Federal Highway Administration Regional Administrator on November 28, 1977, pertaining to Project Numbers F-518-3 and F-518-4. All parties agree and consent to allowing the DOT immediately to commence all activities to complete this highway project. 2. All parties hereto agree and consent to the construction of said Arterial Highway 518 in accordance with the Iowa Department of Transportation construction/design plans with the following modifications and clarifications: (a) The Department of Transportation will construct re- located Mormon Trek Road along the location shown by the con- struction/design plans as an urban section having a 31 foot wide /// -2- 7" PCC paved road with curbs, gutter intakes, and storm sewer outlets; these outlets will be into the open common ditch between Mormon Trek Road and Arterial Highway 518. Johnson County consents and agrees to said construction. However, the City will reimburse the DOT the additional cost of constructing such a 31 foot urban paved road as compared to a 24 foot rural section of road as originally planned and designed by the DOT. The additional cost is determined to be $90,000. The City, within 30 days of executing this Stipulation of Settlement and dismissal of the pending lawsuit, will provide the DOT with said $90,000 sum of money. In the event a contract for the construction of said relocated Mormon Trek Road is not let within 5 years of the date of this Stipulation of Settlement, or dismissal of suit, whichever is earliest, the DOT will return said $90,000 sum of money with interest at the legal rate applicable from the date of original payment. Further, if DOT permanently abandons its plan to build Freeway 518 at its intersection with Highway 1 as presently located, at that time said $90,000 together with interest will be returned to the City. (b) The Department of Transportation in accordance with DOT construction/design plan sheets Nos. 27 and 30 will construct lights at the interchanges of the new Arterial Highway 518 with Melrose Avenue and with Primary Highway Iowa 1. Notwithstanding the provisions of 9313.4(4), 1979 Code of Iowa, the City will maintain and pay all future energy costs of the lights located at the interchange of Arterial Highway 518 and Melrose Avenue. If the City should annex into its corporate boundaries the interchange of Primary Highway Iowa 1 and Arterial Highway 518, or a portion thereof-, the City at that time will assume the responsibility for maintenance and energy of said lights at the interchange. All light poles to be maintained by the City shall be a maximum of 30 feet in height. (c) In reference to the frontage road to be constructed from Melrose Avenue extending northwesterly to a connection with the existing county road, the surface of said frontage road will be /9/ -3 - granular except for the portion between Melrose Avenue and Camp Cardinal Road which will be seal coated. (d) That portion of Melrose Avenue which will be reconstructed for approximately 1,100 and 1,200 feet east and west of the interchange respectively, will be reconstructed with a raised, curbed grassed median consistent with the existing median on Melrose Avenue. (e) The Department of Transportation will also provide plantings along the relocated Mormon Trek Road in accordance with the construction/design plan sheet number 7. 3. The construction of the new interchange of Melrose Avenue and Arterial Highway 518 will displace the sewage lagoon for the Johnson County Home. The County desires to have the county home, which will be southwesterly of said new interchange, to be connected to the City's sanitary sewer system; the City agrees to this sewer connection. The County shall be responsible for the acquisition of all easements that may be needed, the preparation of the plans, the construction of the sanitary sewer line, including its encasement in a conduit in the proposed right-of-way of Arterial Highway 518, all of which are to be in accordance with the ordinances and development standards of the City and such other agreements with respect to this construction as are mutually agreed to by the City and the County. Easements shall be acquired in the name of the City and shall he in such form as shall be approved by the City. As part of the Arterial Highway 518 project construction, the sanitary sewer line within the proposed right of way is to he encased in a conduit. The DOT will reimburse the County for the cost of said conduit upon its completion. Prior to the County soliciting bids for the construction work of said sanitary sewer line including its encasement in a conduit, the County shall submit to the City and the DOT for their approval a copy of the sewer plans and specifications. Upon approval by the City and the DOT of said plans and specifications, which approval shall not unresonably be withheld, the County shall solicit bids for the project and, prior to award /V -4 - of a contract for construction, shall submit the tabulation of bids to DOT for its concurrence in the award. The City assumes responsibility for construction inspection. The portion of said sanitary sewer line, including the conduit, that is within the right-of-way of Arterial Highway 518 shall be completed December 31, 1980. The DOT will reimburse the County for the cost of constructing an 8 inch sewer line from the county home to a connection with the City's sewer system upon completion of said work, but not to exceed a total cost of $135,867. The County will hold the DOT harmless from any and all further responsibility in providing a sewage system for said county home. It is expressly understood that any evaluation of just compensation for future right-of-way acquisition from the County for this project will not include any damages relating to the sewage system for the county home, it being the intent of the parties to discharge that obligation in accordance with the terms of this agreement. 4. Local traffic shall be maintained by the DOT across this Project during the construction period. 5. The County shall be responsible for providing to the DOT without cost all right-of-way which involves existing county roads needed for this Arterial Highway 518 project. 6. The City shall be responsible for providing, without cost to the DOT, all right-of-way needed for this Arterial Highway 518 project which involves dedicated streets or alleys. 7. In connection with this Project all real estate and rights to real estate necessary for right-of-way in the construction, relocation or reconstruction of public roads which are or which will be under the respective jurisdiction of either the City or County, including access or frontage roads if: any, may be acquired by the DOT, for and in the name of either the City or County depending on whether it is located within the City or County. The City or County shall receive fee title from the contract seller and the City or County does hereby agree to accept title thereto. Where acquired by condemnation, a single joint condemnation proceeding shall be instituted by the DOT with either the City or County to acquire real estate and/or rights in real estate. -5- 8. Subject to the approval of and without expense to the DOT, the City agrees to use its best efforts to perform (or cause to be performed), all relocations, alterations, adjustments or removals of utility facilities, including but not limited to power, telephone and telegraph lines, natural gas pipelines, water mains and hydrants, curb boxes, sanitary sewers, and related poles, installations and appurtenances, whether privately or publicly owned, and all other facilities or obstructions which are located within the limits of an established street, alley or road and which will interfere with construction of the Project, all in accordance with the Utility Accommodation Policy of the DOT. 9. All storm sewers on Mormon Trek constructed by the DOT as a part of said Project shall become the property of either the City or County, (depending upon whether they are located within the City or County) which shall be responsible for their maintenance and operations. 10. Upon completion of the project the City and County shall each receive title to and assume full responsibility for that portion of relocated Mormon Trek Road and the frontage road from Melrose Avenue connecting to the existing county road within the City or County respectively. 1.1. Upon completion of this project the City shall assume full maintenance responsibility for that portion of Melrose Avenue which will be within its new Arterial Highway 518 interchange. At that time the City will also be responsible for all future maintenance of Rohret Road. The DOT shall be responsible for the structural maintenance of said grade separation structure at Rohret Road, including repairs to the floor, railing and painting. 12. It is further agreed by the DOT that the Primary Highway Iowa 1 -US 6 -US 218 intersection and Iowa Primary Highway Project- from the new Arterial Highway 518 to said Iowa 1 -US 6 -US 218 intersection and north through the Benton Street intersection will be completed during the same construction seasons as the Arterial Highway 518 project. The DOT further agrees to the development of the Benton -Riverside project on a 50-50 basis with the City during the above -identified construction period. /9/ -6- 13. The County will promptly execute and deliver to the DOT Agreement No. CR -90 revised 4-.2-80 covering construction of - Arterial Highway 518 between the south line of Johnson County and Interstate 80. All provisions of said Agreement No. CR -90 shall be incorporated as a part of this Stipulation of Settlement. 14. Upon execution of this Stipulation of Settlement the Plaintiff, City of Iowa City, shall dismiss with prejudice the above -captioned lawsuit. The City further agrees and covenants not to bring suit, other than for failure to comply with this Stipulation of Settlement or other agreements referred to herein, which would challenge, oppose or delay the construction of Arterial Highway 518 in Johnson County. 15. This Stipulation of Settlement will be filed with the Clerk of Court as a part of this action. The City and the DOT will each pay 50 percent of the court costs of this action. Dated this y day of d ✓ Ut , 1980. On Behalf of City of Iowa City, Iowa: /John Balmer, Mayor Joh11 Hay k, ty Attorney David A. Elderkin Special Counsel for the City On Behalf of Johnson County, Iowa: On Behalf of Iowa DOT: 'Harold Don elly, Board of Super isors Robert W. Goddwin General Counsel Iowa Department of Transportation J. Pat i k White, Assistant County Attorney /9/ On Behalf of the Chambers of of Iowa City and Riverside, the members thereof, and The Jay/Hopbhan, Attorney -7 - Commerce and City of Hills: /9/ IN THE DISTRICT COURT OF IOWA IN AND FOR JOHNSON COUNTY CITY OF IOWA CITY, Petitioner, Vs. LAW NO. 45014 DISMISSAL WITH PREJUDICE IOWA DEPARTMENT OF TRANS- PORTATION, Respondent. COMES NOW Petitioner City'of Iowa City by and through its attorneys of record and dismisses the above - captioned case with prejudice. DAVID A. ELDERKIN & C CLIVE V. CLARK of ELDERKIN, PIRNIE, VON LACKUM & ELDERKIN 619 Higley Building, P. 0. Box 1968 Cedar Rapids, Iowa 52406 ATTORNEYS FOR PETITIONER. CERTIFICATE OF SERVICE I he undcrsl,red k:rc' ; wrIl;lc: (iota fro copy of 1h foreZoln7 iutrunrclrjt. -acccfiaIthalto rn.,ysofrecord ofall pal lsEol'a tc.:,:'7c:rat.ycacloclnythasrmInall cnvcic fa ci '-1 U c ".:r c ::5 cltaray at ills rasp:ctiva ad- dross.^,dl:ci::d[yf.�C'::= +,;oo1,ceordlie rain, with posla5o fully f1d, cad L/ i:,'-: L'r,: cr:d cnvclopa In o unitrd st-et- PoslOilicod:positoryhCc::r Rapids, Iowa on fila /rSay of 19 i n of ELOUXIII, PIRIIIE, Votl LACRUt1 d F,LDERKI ' G19 III^lay Culldin4. P.O. Dox 19H Codar Rapids, Iowa 521.05 /9/ G No. 10 _ UNITED STATES OF AMERICA STATE OF IOWA CITY OF IOWA CITY 1979 BDI SECOND ADDITION IMPROVEMENTS I ��I/�z-I $ 30,414.35 CONSTRUCTION WARRANT This instrument is evidence that the City of Iowa City, Iowa, hereby promises to pay to Parkview Co. of Iowa City its successors or assigns, T sum of—�30,41w4.35— —thhinterest thereon at the rate of seven percent (7%) per annum, until called for payment. Interest shall commence if this warrant is not paid upon presentation hereof. This Warrant is drawn on and payable solely from the 1979 BDI Second Addition Improvements Construction Fund, or any fund from which payment for such work may be made. This instrument is one of a series of similar instruments given in payment for street and sewer improvements designated as the 1979 BDI Second Addition Improvements, of said City, being constructed under contract dated June 15 , 1979 , and issued under authority of Section 384.57 of the City Code of Iowa. The City of Iowa City reserves the right to prepay the amount represented hereby at any time with accrued interest to the date of such payment. Both principal and interest of this Warrant are payable at the office of the City Treasurer or Financial Officer of the City of Iowa City, State of Iowa. IN WITNESS WHEREOF, the City of Iowa City has caused this instrument to be executed by its Mayor, and attested by its Clerk, with the seal of said City affixed as of the 8 day of April 1980 . (SEAL) ATTEST: q ` � - Clerk }i'gYO IOWA CITY, IOWA 't JM&yor This instrument presented and not paid for want of funds this �_ day of 1949 . _+ n City Treaa rer AH1.COONEY. DORWCILCR. HAYNIE A SMITH. LAWYCRA. D[p MOINCs. IOWA/ 7 ' � ASSIGNMENT The attached Construction Warrant in the amount of $ , is hereby assigned to , in cons deraEion of receipt by the undersigned rom said assignee of the sum of $ Dated this day of _, 19 (Insert name of company or engineer or other person entitled to the temporary obligation and be certain that the assignment is properly executed by the officials of the respective company, engineer, or other person so entitled thereto.) AHLERS COONEY. DONWEILEII. HAYNIE 6 SMITH, LAWYEN/. DE/ MOIN CO. IOWA / 9^' Council Member Roberts _ introduced the following Resolution entitled— OLUTION DIRECTING THE DELIVERY OF CONSTRUCTION WARRANTS IN PAYMENT OF CONTRACT", and moved its adoption. Council Member Vevera seconded the motion to adopt. The roll was called and the vote was, AYES: Lynch, Neuhauser,Perret, Roberts, Vevera, Balmer,_Erdahl NAYS: None Whereupon, the Mayor declared the following Resolution duly adopted: 80-130 RESOLUTION DIRECTING THE DELIVERY OF CONSTRUCTION WARRANTS IN PAYMENT OF CONTRACT WHEREAS, the Council of the City of Iowa City, Iowa, heretofore entered into contract for the construction of the 1979 BDI Second Addition Improvements, and in said contract provided that payment to the contractor or contractors, and others, would be made at the option of the City by the delivery of Construction Warrants issued pursuant to Section 384.57 the City Code of Iowa, bearing interest at seven percent (78) per annum; and WHEREAS, the following balances are owing in connection with the construction of said public improvements above referred to, and have been duly approved by the Project engineer with provisions for retaining not less than ten percent (109) thereof, as required by Chapter 573, Code of Iowa, 1979, as amended, to -wit: TO: -2- AHLERR. GOONEY. DORWEILER. HAYNIE & SMITH. LAWYER G, Des Mom EO. IOWA /,a 7 and WHEREAS, the above firm or firms are now entitled to payment for said sums owing: NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: That the Mayor and Clerk are authorized and directed to execute and deliver to said above contractor or contractors, and others, Construction Warrants drawn on the 1979 BDI Second Addition Improvements Construction Fund, as follows: CONSTRUCTION WARRANT NO. TO DATE AMOUNT 10 Parkview Co: 04/08/80 $30,414.35 —3— AHLERS. GOONEY. DORWEILER. HAYNIE 6 SMITH. LAWYERS. DEB MOINES. IOWA / �� I PASSED AND APPROVED, this 15t,h day Of __April___ 19 80_. ayor ATTEST: (34 Clerk (SEAL) -4- AHLERS, COONEY. DORWEILER. HAYNIE 6 SMITH. LAWYERS. DES MOINES. IOWA / Q 9 RESOLUTION NO. 80-131 A RESOLUTION AUTHORIZING THE MAYOR TO CONVEY VACATED SAND LAKE DRIVE IN IOWA CITY, IOWA TO JAMES AND BRENDA SCHINTLER, RONALD AND MARILYN SCHINTLER, AND RICHARD AND BARBARA SCHINTLER. WHEREAS, the City of Iowa City held a public hearing on March 25 1980, regarding the proposed disposition of vacated Sand Lake Drive, more particularly described in Exhibit A attached hereto and thereby incorporated herein by reference; and WHEREAS, the City shall acquire a portion of land adjacent to vacated Sand Lake Drive and owned by James and Brenda Schintler; Ronald and Marilyn Schintler; and Richard and Barbara Schintler; all in furtherance of the FAUS Gilbert Street Project; and WHEREAS, the conveyance of vacated Sand Lake Drive to the Schintlers will facilitate settlement in acquisition of property owned by the Schintlers and known as Parcel 5 of the South Gilbert Street Project. NOW, BE IT THEREFORE RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY that the Mayor and City Clerk are hereby authorized to convey property described in Exhibit A to James R. and Brenda L. Schintler; Ronald W. and Marilyn A. Schintler; and Richard J. and Barbara J. Schintler as part of a settlement in lieu of condemnation of Parcel 5, South Gilbert Street Project. It was moved by Perret and seconded by Roberts the Resolution 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 15th day of April , 1980. :�--MAYOR ATTEST: & CITY CLERK Received $ Approved By The Legal Department AGREEMENT THIS AGREEMENT, made and entered into this 16thday ofApril, 1980, by and between the City of Iowa City, a municipaTcorporation, hereinafter referred to as "CITY", and James Robert Schintler, Brenda L. Schintler, Ronald William Schintler, Marilyn Anne Schintler, Richard Joseph Schintler and Barbara J. Schintler, hereinafter referred to as "OWNERS". WHEREAS, the City of Iowa City has deemed it in the public interest to undertake the FAUS South Gilbert Street Project in order to facilitate traffic flow; and WHEREAS, present plans for the new relocated South Gilbert Street provide for elimination of the current Sand Lake Drive after construction is completed, since the new road will run parallel to existing Sand Lake Drive in a northerly -southerly direction; and WHEREAS, OWNERS have an interest in land adjacent to current Sand Lake Drive right-of-way; and WHEREAS, both CITY and OWNERS desire to minimize traffic and safety problems due to the close proximity of realigned South Gilbert Street which will run parallel to existing Sand Lake Drive. NOW THEREFORE, IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES: 1. CITY agrees to vacate, by Ordinance and according to law, that portion of Sand Lake .Drive right-of-way, which real estate is more particularly described as follows: Beginning at the NW corner of Lot 16 Sand Lake Addition to the City of Iowa City, Iowa; thence S0003761111W 100.00 feet; thence N8902214911W 50.00 feet; thence NOO°37111"E 24.82 feet; thence northerly 76.11 feet along a 1015.83 foot radius curve concave easterly and whose 76.09 foot chord bears N12°13'03"E; thence N89°34'10"E 34.71 feet to the point of beginning. Said tract contains 4,446 square feet more or less. Also subject to a utility easement over the entire tract except the east 15 feet thereof. See attached survey, Exhibit A. 2. CITY agrees to convey said vacated right-of-way to OWNERS no later than the L day of F•X , 1980, in accordance with procedures set forth in Chapter 364, Code of Iowa 1979; said conveyance, however, shall be subject to CITY's retaining and OWNERS' granting a permanent easement over the entire tract except the east 15 feet thereof for purposes of utility easement. 3. CITY and OWNERS agree that said conveyance shall be made in order to facilitate settlement in lieu of condemnation of Parcel 5 in the FAUS South Gilbert Street Project; and further agree that in consideration of said settlement, the CITY shall tender a warranty deed no later than April 15, 1980 transferring all rights, title and interest to;OWNERS as of that date. 4. CITY agrees to provide OWNERS with an Abstract of Title for said vacated right-of-way at no cost to OWNERS. 5. CITY shall make every effort during construction of said South Gilbert Street Project to provide reasonable access to OWNERS' property located at 1616 Sand Lake Drive, in Iowa City, Iowa, which construction shall be completed no' later than November 15, 1980, as set forth in the construction schedule; dmwe9er4 �bexcza@xeRzxz�cxta##ekdx�x�7pt�gl•Jt�zx� z��gZ419A g��AL'AiiR'zsifiAessxdnrangisens3rwez#mnxaVUXzmmpd) 2t*Z Ai P?%fi gtx P�J 2 �i�bo®clg�carannrrxiax38zuaTxa�oc�cz.�zr�Pxa�za¢ki'a¢�Da�cizM3eez 6. Parties agree to the following without any additional assessment of costs or fees, said tasks to be carried out during the construction of relocated South Gilbert Street between April 15 and November 15, 1980: (a) Provide two (2) new sewer stubs to OWNERS' property west of relocated South Gilbert Street, which OWNERS' property is more particularly described as: Lot Twelve (12) Sand Lake Addition to the City of Iowa City, Iowa. Said work will be carried out as part of CITY's original construction contract, and the sewer stubs shall be placed where directed by owners. (b) Remove existing Sand Lake Drive pavement and provide fill as necessary, said removal to be carried out by original construction contractor. (c) Install approaches and sidewalks which will front on OWNERS' existing building located at 1616 Sand Lake Drive, and more particularly described as Lot 16 Sand Lake Addition to the City of Iowa City, Iowa. Said work shall be carried out by original construction contractor. (d) CITY shall provide two (2) new water services to OWNERS' property west of relocated South Gilbert, Lot Twelve (12), together with one (1) stop box for each water service line. Said work will be done by CITY staff.; said facilities to be installed where directed by owners. (e) CITY will tie existing water service line directed to OWNERS' building located at 1616 Sand Lake Drive, Lot 16, to new twelve (12) inch main to be installed on the East side of relocated South Gilbert. Said work shall be done by CITY staff. 7. OWNERS agree to install, at no expense to the CITY, the two new driveways across vacated portion of Sand Lake Drive conveyed to OWNERS by CITY (Lot 16 and more particularly described in paragraph one above). Said pavement shall be installed after completion of relocated South Gilbert Street, and in no event shall said pavement be installed later than November 15, 1980. THIS AGREEMENT shall be binding upon the successors and assigns of the parties hereto; provided, however, that no assignment shall be made without the written consent of all parties to said Agreement. l 7 3 3 THE UNDERSIGNED DO HEREBY STATE that this Agreement is executed in triplicate, as though each were an original; and that there are no oral agreements that have not been reduced in writing in this instrument. FOR THE CITY: 1'0 R ATTEST: (-11 CITY CLERK FOR THE OWNERS: c JAMES ROBERT SCHINTLER RONALD WILLIAM SCHINTLER RICHAR JOS PH SCHINTLER OWNERS' ACKNOWLEDGEMENT: STATE OF IOWA ) SS: COUNTY OF JOHNSON ) BRENDA L. SCHINTLER MARILYN SUB= �C BARBARA J. C INTLER On this �1 day of d i ncJ - , 1980, before me, the undersigned, a `Notary Public in and for the State of Iowa, County of Johnson, personally appeared James Robert Schintler. Brenda L. Schintler, Ronald William Schintler, JcnlnLler+ , to me known to be the identical persons named in and who executed the foregoing instrument and acknowledged that they executed the same as their voluntary act and deed. NotAKy Public in and for the State of Iowa My commission expires 9 - 0 („J I%/' 0M SCALE I 20' FOUND PIN SET V2" PIN ° DESCRIPTION OF TRACT Beginning at the NW corner of Lot 16 Sand Lake Addition to the City of Iowa City, Iowa- thence S00037'11"W 100.00 feet; thence N89022'4914 50.00 feet; thence N00637'11"E 24.82 feet; thence northerly 76.11 feet along a 1015.83 foot radius curve concave easterly and whose 76.09 foot chord bears N12013' 03"E; thence N89034'10"E 34.71 feet to the point of beginning. Said tract contains 4,446 square feet more or less. Also subject to a utility easement over the entire tract except the east 15 feet thereof. I hereby certify that this survey was trade under my direct personal super- vision and that I am a duly registered land surveyor under the laws of the State of Iowa. SIGNED: 0= ✓ DATE:--1—eS' r� Robert D. 1lickelson; L.S. x7036 yy�� L Subscribed and sworn before me/this �L(1:D6_ dayoff „c l4 v, 1979. 1lotary�bli , Johnso Coy, Iowa N: ' L UY.FY R 1CHY r7(., EA V- I, F,�_ h ►9,L A I, POINT OF BEGINNING N89°34 10 E 39.71' 15- 1 o I 0 _u m C 'o w LOT 16 O z O = SAND LAKE M IN �I o O ADDITION O - o O W N a N w z w w I a w w i __ fV 15' m r` o M O N O Z 50.00' N 89022 49 W Beginning at the NW corner of Lot 16 Sand Lake Addition to the City of Iowa City, Iowa- thence S00037'11"W 100.00 feet; thence N89022'4914 50.00 feet; thence N00637'11"E 24.82 feet; thence northerly 76.11 feet along a 1015.83 foot radius curve concave easterly and whose 76.09 foot chord bears N12013' 03"E; thence N89034'10"E 34.71 feet to the point of beginning. Said tract contains 4,446 square feet more or less. Also subject to a utility easement over the entire tract except the east 15 feet thereof. I hereby certify that this survey was trade under my direct personal super- vision and that I am a duly registered land surveyor under the laws of the State of Iowa. SIGNED: 0= ✓ DATE:--1—eS' r� Robert D. 1lickelson; L.S. x7036 yy�� L Subscribed and sworn before me/this �L(1:D6_ dayoff „c l4 v, 1979. 1lotary�bli , Johnso Coy, Iowa N: ' L UY.FY R 1CHY r7(., EA V- I, F,�_ h ►9,L A I, RESOLUTION NO. 80-132 RESOLUTION AUTHORIZING EXECUTION OF AMENDMENT TO AGREEMENT WITH CHARLES J. R. McCLURE AND ASSOCIATES, INC. WHEREAS, the City of Iowa City, Iowa, has negotiated an agreement with Charles J. R. McClure and Associates, Inc., for remodeling of th�e Civic Center heating, ventilating, and air conditioning systems, which agreement was approved by Council on February 27, 1979 ; and WHEREAS, the City Council deems it in the public interest to enter into said agreement as amended to provide fora payment schedule not to exceed $8,500 for design and $3,000 for construction, administration and inspection; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL: 1. That the Mayor and City Clerk are hereby authorized and directed to execute the amendment to the Agreement with Charles J. R. McClure and Associates, Inc. 2. That the City Clerk shall furnish copies of said agreement to any citizen requesting same. It was moved by Neuhauser and seconded by Roberts the Resolution 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 15th day of April -/, MAYOR ATTEST: CITY CLERK •il Received $ Approved By Tisa Legal Department /yS /yea J � /C AGREEMENT AMENDMENT The City entered into an agreement on February 27, 1979 with Charles J. R. McClure & Associates, Inc. of St. Louis, Missouri, hereinafter referred to as Consultant. The energy audit portion of that agreement has been completed. The City Council has authorized the following improvements: 1. New refrigeration system for Civic Center air conditioning. 2. Improvement of the air handling systems for the Civic Center. 3. Installation of humidification equipment for the Civic Center. 4. Modifications to the heating system for the entire complex. 5. Air conditioning of the Police Department as a bid alternate. The agreement dated February 27, 1979 is to be amended as follows: SECTION V COMPENSATION FOR SERVICES Phase I -B - Design Phase - This section shall be amended to read as follows: Phase I -B - Design Phase - The City will pay the Consultant on an hourly rate based on the rate schedule attached as Appendix C. The "not to exceed" for this portion of the agreement shall be $8,500. Phase I -C - Bidding and Construction Phase - This section shall be amended to read as follows: Phase I -C - Bidding and Construction Phase - The City will pay the Consultant on an hourly rate based on the rate schedule attached as Appendix C. The "not to exceed" for this portion of the agreement shall be $3,000. This is based on a maximum of 5 trips to the job site. Additional visits will result in an adjustment upward to the "not to exceed." Section C - This section shall be amended to read as follows: /9G C. Computer time for design work times a multiplier of 1.15. The undersigned do hereby state that this Agreement is executed is executed in triplicate, as though each were an original, and that there are no oral agreements that have not been reduced in writing in this instrument. FOR THE CITY OF IOWA CITY, IOWA CI1Y CLERK 7/ STATE OF IOWA COUNTY OF JOHNSON FOR CHARLES J. R. MCCLURE AND ASSOCIATES, INC.: oc'. 0 Al Alva On thisday of i , 1980, before me, a Notary Public duly commissioned and quglified,in end for/said County and State, personally appeared .;.L,J L ( r/ `.�_��,�res,u Mayor of the City of Iowa City, Iowa, and Mahan K. Karr, Deputy Clerk, each being to me personally known to be the identical persons and officers named in the foregoing instrument, who executed the same under and by virtue of the authority vested in them by the City Council of said City, and each for himself acknowledged the execution thereof to be his voluntary act and deed for purposes herein expressed. . IN TESTIMONY WHEREOF, I have hereunto set my hand and notarial seal at Iowa City, Iowa, the day and year last above written. t ry Public in an for or Jo nson County, Iowa STATE OF COUNTY OF On this day of 1980, before me, the undersigned, a Notary Public in,an(d,for a County and ai ,,p rsogally appeared P, pv'� 4( )�,.r ���'71Kp and �.,,State ,t , to me perlsdrlal y known, who being by me duly swo-n� did say that they are the 17 r(1 and w;(c 4r1 respectively, of -said corporation; that no seal has been p pcurr� ed by the said) (the seal affixed thereto is the seal of said) corporation; that said instrument was signed and sealed on behalf of sal cor orad n by authority of its Board o Directors and that the said' , and , as such officers, acknowledged the execution of said ins\trument to be the voluntary act and deed of said corporation, by it and by thein voluntary executed. Received 8 Approved By The Legal Dcparhnonf 1 Notary Public in and for said County and State My Cxp;res 15, 199 W APPENDIX "C" i CHARLES J. R. McCLURE AND ASSOCIATES INC. HEATING • AIR CONDITIONING • PLUMBING • POWER GENERATION CONSULTING ENGINEERS ASSOCIATE ENGINEERS ALBERT W. BLACK, 111 WILLIAM J. COAD RALPH H. METCALF PHILIP D. SUTHERLIN GERALD J. WILLIAMS 7516 BIG BEND BOULEVARD ST. LGVIG, MISSOURI 63119 (314)6458232 Rate Schedule for Engineering Services Effective March 1 , 1980: Principals --------------------------- $65.00/hour Senior Engineers --------------------- $40.00/hour Office Engineers---------------------- $30.00/hour Engineering Technicians/Designers ----- $30.00/hour Draftsmen --------------------------- $20.00/hour Stenographers ----------------------- $15.00/hour Reimbursement of expenses of travel and document duplication. United Computing System shared time service charges will be invoiced at cost plus 15%. /00 i 'AGO "e'ec, RESOLUTION NO. 80_13,1 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE SCOTT BOULEVARD PAVING IMPROVEMENT PROJECT. WHEREAS, notice of public hearing on the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project was published as required by law, and the hearing thereon held, and WHEREAS, the Scott Boulevard Paving Improvement Project is being undertaken to improve the Scott Boulevard area with an estimated cost of $1,182,000. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT THE PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE ABOVE-NAMED PROJECT ARE HEREBY APPROVED. It was moved byNetihaiicar and seconded by Roberts 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 15th day of April 1980. MAYOR �O r ATTEST: CITY CLERK Received & App.oved By Tit- I 7,11 r"amPn4 X'� f - S 'Vu /97 RESOLUTION NO. 80-134 RESOLUTION AMENDING THE CLASSIFICATION PLAN FOR CLASSIFIED PERSONNEL BY REINSTATING A POSITION OF BUILDING INSPECTOR UNTIL OCTOBER 1, 1980 WHEREAS, the City of Iowa City has undertaken contracts with private firms to replace sidewalks and provide handicapped accessible curb cuts as part of the CDBG Neighborhood Improvement Program and, WHEREAS, a City staff person is required to monitor field construction for contract compliance and, WHEREAS, a Building Inspector is currently performing sidewalk inspection services, NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the Building Inspector position eliminated from the FY81 budget be reinstated until close of work September 30, 1980. It was moved by F.rdnhl and seconded by Neuhauser the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x Erdahl x_ Lynch x Neuhauser Perret Roberts x_ Vevera Passed and approved this 15th day of April , 1980. ATTEST: OIL k�—� CITY CLERK _MAYOR Reteo+.ed $ Approved 4Y Tho Le!ol bonaMme _..spy= RESOLUTION NO. 80-135 RESOLUTION APPROVING CLASS C LIQUOR CONTROL LICENSE APPLTCATM BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class c Liquor Control License application is hereby approve dor the following named person or persons at the following described location: Hilltop Lounge, Inc. dba Hilltop Lounge, 1100 N. Dodge Said approval shall be subject to any conditions or re- strictions hereafter imposed by ordinance or State law. The City Clerk shall cause a recommendation for approval to he endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond, sketch of the premises and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by that the Resolution there were: Balmer Lynch Seuh.user and seconded by as read be adopted, and upon rolT—c—aTT AYES: NAYS: ABSENT: x x Erdahl Neuhauser Perret x Roberts x Vevera x :4 Passed and approved this 22nd day of April , 19 80 or Attest: 12_'z_L J_� City Clerk /99 RESOLUTION NO. 80-136 RESOLUTION TO ISSUE CIGARETTE PERMITS WHEREAS, the following firms and persons have made appli- cation and paid the mulct tax required by law for the sale of cigarettes and cigarette papers; therefore, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the applications be granted and the City Clerk be and he/she is hereby directed to issue a permit to the following named persons and firms to sell cigarette papers and cigarettes: Hawkeye Amusement dba On -Iowa Resturant, 630 Iowa Ave. It was moved by Neuhauser and seconded by Perret that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Balmer X Lynch x Erdahl X Neuhauser X Perret X Roberts X Vevera X Passed and approved this 22nd day of April , 19 80 \/M yor Attest: � City Clerk RESOLUTION NO. 80-137 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: Hilltop Lounge, Inc. dba Hilltop Lounge, 1100 N. Dodge 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 Neuhauser and seconded by Perret that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Balmer x Lynch x Erdahl x Neuhauser x Perret x Roberts x Vevera x Passed and approved this 22nd day of April 19 80 i Attest:. City Clerk RESOLUTION NO. 80-138 RESOLUTION APPROVING CLASS C LIQUOR CONTROL LICENSE APPLTCATM BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Liquor Control License application is hereby appro—=or the following named person or persons at the following described location: Mark Beckman dba Gunner's Lounge, 1310 Highland Ct. 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 responsibility, surety bond, sketch of the premises and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by N and seconded by Perret that the Resolution as readopted, and upon -roll -=ca there were: AYES: NAYS: ABSENT: Balmer x Lynch x Erdahl x Neuhauser x Perret x Roberts x yevera x Passed and approved this 22nd Attest: City Clerk day of April , 19 80 4oz JESOLUTION NO. 80-139 RESOLUTION APPROVING CLASS "B" BEER PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class "B" Beer Permit Application is hereby approved for the following named person or persons at the following described location: Four Cushions, Inc. dba Control Tower, 18-20 S. Clinton Said approval shall be subject to any conditions or re- strictions hereafter imposed by ordinance or State law. The Cityy Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by Neuhauser and seconded by Perret that the Resolution as read -be adopted, and upon—roll call there were: AYES: NAYS: ABSENT: Balmer x Lynch x Erdahl x Neuhauser x Perret x Roberts x Vevera x Passed and approved this 22nd day of April , 19 80 . Attest: ity Clerk d 0.3 / 1o1_9_� RESOLUTION NO. 80-140 RESOLUTION OF APPROVAL OF CLASS B SUNDAY PERMIT APPLICA'PION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class B Sunday Permit application is hereby approved for the following named person or persons at the following described location: Four Cushions, Inc. dba Control Tower, 18-20 S. Clinton 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 Neuhauser and seconded by Perret that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Balmer x Lynch x Erdahl x Neuhauser x Perret x Roberts x Vevera x Passed and approved this 22nd day of April , 19 80 a or Attest: L City Clerk aO f RESOLUTION NO. 80-141 RESOLUTION AUTHORIZING ABANDONED BICYCLE SALE WHEREAS, the Police Department of the City of Iowa City, Iowa has during the past months stored a number of bicycles which have been abandoned by their owners; and WHEREAS, the Police Chief has made every effort to locate the owners of these bicycles and has been unsuccessful in his effort; and WHEREAS, the total number of bicycles which have been accumulated have now become a storage problem, and the same are a burden on the City of Iowa City; and WHEREAS, it is in the public interest that said bicycles be sold at public auction to the highest bidders. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA: 1. That the Police Chief is hereby authorized and directed to sell the abandoned bicycles at public auction to the highest cash bidder therefore, and that Notice of said sale shall be published in the Iowa City Press -Citizen once each week for two consecutive weeks, the date of the last publication being no more than one week prior to the day of the sale. 2. That the proceeds from the. nnle of these bicycle,; shall be paid into the Public Safely Fund portion of the budget of the City of Iowa City, after first deducting therefrom the costs of the sale. It was moved by Neuhauser and seconded by Perret that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bal uuor x Lynch _ xErdahl x Neuhauser x Perret x Roberts x Vevera Passed and approved this 22nd day of April , 1980. or it Mi Vrwi a Aprrove< MY 1Le legal Deparim® I'OS 7'r /-;� - x, ti RESOLUTION NO. 80-142 , RESOLUTION AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT FOR THE CONSTRUCTION OF THE IOWA CITY SENIOR CITIZENS CENTER WHEREAS, Burger Construction Company, Inc. has submitted the best General contract bid for the construction of the above-named project. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the General contract for the construction of the above-named project is hereby awarded to Burger Construction, subject to the condition that awardee secure adequate performance bond and insurance certificates. 2. That the Mayor is hereby authorized to sign and the City Clerk to attest the contract for the construction of the above-named project, subject to the condition that awardee secure adequate performance bond and insurance certificates. It was moved by Neuhauser and seconded by Perret the Resolution 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 22nd day of April , 1980. ;MAYOR ATTEST: CITY CLERK Received & Approved By Tho Legal Department apG THE AMERICAN INSTITUTE OF ARCHITECTS 11 AIA Dortiment A101 Standard Form of Agreement Between Owner and Contractor where the basis of payment is a STIPULATED SUM 1977 EDITION THIS DOCUMENT HAS IMPORTANT IEGAI. CON.SFQI/rNCr.S; CONSULTATION WITH AN ATTORNLY IS ENCOURAGED WIIH RCSI'ECI 70 ILS C.OA11117ION OR MODIFICATION Use only with the 1976 Edition of AIA Document A201, Gencral Conditions of the Contract for Construction. This document has been approved and endorser) by The Associaled General Contractors of America. AGREEMENT made as of the Twenty second clay of April Hundred and Eighty BETWEEN the Owner: CITY OF IOWA CITY 410 E. Washington Street Iowa City, IA 52240 and [lie Contractor: BURGER CONSTRUCTION COMPANY, INC. P. 0. Box 1089 Iowa City, IA 52244 The Project: IOWA CITY SENIOR CITIZEN'S CENTER• IlieArchitect: WEl1NER, NOWYSZ, PATTSCHULL + PFIFFNER 201 Dey Building Iowa City, IA 52240 The Owner and the Contractor agree as set forth helow. in the year of Nineteen Copyright 1915, 1910, 1925, 1937, 1951, 19511, 1961, 1967, 1967, 1974, 0 1977 by Ihr Arowiran Institute of Archilrcls, 1735 New York Avenue, N.W., Washinglon, D. C. 20006. Rvprnduclinn of the material hert,;n or suhslantial quotalinn of its provisions without pernti,,inn of the AIA violates Ihr• rnpyrighl laws of Ihr Uniled .States and will be suhjeet to Irgal prowcolion. AIA DOCUMINT Alit- .VNIR CONIRACIOR AGRI IMI NI • lll.\1N111 IDIIION • IUNI 1977 9 AIAs 01977 9 111L ANIH" :IUII 01 AKCIIIILCIS, 17,1: NL%V YORK AVI., N.W., WASHINGTON, D. C. 20006 AIOI-1977 1 .J 07 ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist of (his Agreement, the Condition, of Ihn Contract (General, Supplementary and other Conditions), the Drawings, the Specifica tions, all Addenda issued prior to and all Modifications issued after exe- cution of this Agreement. These form the Contract, and all are as fully a part of the Contract as if attached to this Agreement or repeated herein. An enumeration of the Contract Documents appears in Article 7, ARTICLE 2 THE WORK The Contractor shall perform all the Work required by the Contras I Do(univnis for Illere Insert the carillon descrrptive of the work as used on other Contract DocurnenU.) General Contract Work for remodeling of the Old Post Office Building into the Iowa City Senior Citizen's Center. ARTICLE 3 TIME OF COMMENCEMENT AND SUBSTANTIAL COMPLETION The Work to be performed under this Contract shall be commenced immediately and, subject to authorized arfjuStments, Substantial Completion shall be achieverl not later than ,Tiny I., 1981. to ler. urwnt ans- •peual prm Au'., la, b,"O.itrd .1 !:... ... taunt; In /u u r In , i ngdrn• nn lino• ) AIA DOCUMENT A101 • ',.CONTRACTOR AGREWLNT • ELI.VLNIII I:DIIION • JUNE 1977 • AIA® 01977 • THE AMIRICAN 'r OIARCI1I1rCIS, 1735 NLW YORK AVI., N.W., WASIIINGLON, D. C. 20000 A101-1977 2 .P e ARTICLE 4 CONTRACT SUM The Owner shall pay the Contractor in current funds for the pclfrnman(c of the Work, subject to additions and deductions by Change Order as provided in the C'(lnlracl I)orumrnt , the Contract Sum of six hundred eighty nine thousand six hundred fifty and no/100 dollars ($689,650.00). The Contract Sunl is determined as follows: (Stale here Idle base hid or miter lump sum amount, iccepled abernales, and unit pores, as applicable.) BASE BID $663,700.00 Alternate A-1 14,000.00 South Drop-off Lane Alternate A-2 10,600.00 West Drop-off Lane Alternate A-3 1,350.00 Roofing Substitute TOTAL CONTRACT PRICE - $689,650.00 ARTICLE 5 PROGRESS PAYMENTS Rased upon Applications for Payment suhmillcd In the Arrhile(I by Ihr C•onlraclor and Certificates for laayrnenl issued by the Archilecl, the Owner shall make pro(;ress payments on at (ounl of the Contract Sum In the Contractor as pro- vided in the Cunlrarl Ihx-unn'nIN far Ile prliod ending Ihr Inst d,Iy of the month as follows: Nol later than ten (I0) days following the end of the period covered by the Application for Payment ninety percent ( 90'Y.) of Ihr pollion of the Cunlrml Sunt properly allocable to labor, materials and equipn)enl incorporated in the Work and ninety perrenl ( 90%) of the portion of the Contract Sum properly allocable lu malorials ,Mud equipment suitably stored it the Nile or III some other location agreed upon in writing, for the period covered by Ili(: Application for Paymrot, IrNs Ihr a);gregalc of previous payments made by the Owner; and upon Substantial Completion of the entire Work, a suns sufficient to increase the total payments to ninety "' percent ( 90'Y.) of the Contract Sum, less su(h amounts as the Arrhilecl shall determine for all inconlpte(e %York and unsettled claims as provided in the Contract 1)(H omenls. (11 not covered elsesvhem in the Contract Documents, here insert any provision Int limiting or reducing the amount retained after the Work reaches a certain stage of completion,) Payments due and unpaid andel the Contract I)urunu•nls Nhall he.❑ illIclvs1 hunk the (Lite p,rymew is due at the rale entered Ilclow, or in the absence Ihereo I, al the IegaI rale prevailing al 111 1) 1.1 ( v of Ir Project. filen lu",l any rely of havivil agreed upon ) tsaury holo .rad n•quirvnevnls colder ilm ladeeal result in Ivnding Act, limit., lane a,..I Innd nsnu,ner ,,die Imvs .rad other rvgu/aborts at the Owneis and Cmulactnr i principal plat's of business. the location of the I'rni"t and ykroiuvn may "Ilett do, validly of Ibis provision. Specific lel:al advice should be ublibu-0 uilh "'part lu d•Irlinn. ul ultheatinn, u. alb ve r'....irrm'nls swab a, u ilbm if... Inalres ur .varv.•rs.) AIA DOCUMENT All)l • r)1VNI!ItdONTItACTOIR AGROMINI • I:II.VIN111 CI11710N • JUNE 1977 • AIA" 01977 • THE AMEKIC. '5'1'ITUI'E Or ARCHI1CC15, 1735 NLW YORK AVE., N.W., WASHINGTON, D. C. 20006 A101-1977 3 IA7 ATTEST: r ARTICLE 6 FINAL PAYMENT Final payment, constituting the entire unpaid balance of the Contract Sum, shall be paid by the Owner to the Cuntractorwhen the Work has been completed, the Contract fully petfurmed, and it final Certificate for Payment has beLn issued by the Architect. ARTICLE 7 MISCELLANEOUS PROVISIONS 7.1 Terms used in this Agreement which are defined in the Conditions of the Contract shall have the meanings designated in those Conditions. 7.2 The Contract Documents, which constitwe the entire agreement between the Owner and the Contractor, are listed in Article 1 and, except for Modifications issued after execution of this Agreement, are enumerated as follows: Uist below the Agreement, the Conditions of the Contract (General, Supplementary, and other Conditions), the Drawings, the Specihrations, and any Addenda and accepted alternates. showing page ry sheet oumbms in all cases and dates whm applirahle.) This Agreement Project Manual "Iowa City Senior Citizen's Center" Drawings (Sheets A-1 through A-16, K-1, S-1 through S-4, U-1, P-1 through P-4, M-1, M-2, MP -1 through MP -4, IIVAC-1 through IIVAC-6, Sp -1 and E-1 through E-7). Addendum No. 1 Issued .3-29-80 Addendum No. 2 issued 4-8-80 Alternate A-1 South Drop-off Lane Alternate A-2 West Drop-off Lane Alternate A-3 Roofing Substitute The Owner reserves the right to accept additional wall covering at the bid Alternate A-4 price of $7.30/sy and roof sheathing at $36.80/4 x 8 x 5/8" sheet, when the extent of the work is determined. t'i ByTho Legal DepartnTent This Agreement entered into as of Iho day and year first wrilten above. OWNER AIA DOCUMENT 11977 s THE AMI CONTRACTOR a UGElt-CONSTRUCTION-C4MeANY._TNG. BY .. j t��./✓ 4CTOR AGRHMrN, • i:IEVINIII 1'D111ON • JUNE 1917 • AIA" 'TEE:"� 715 N1W YORK AVE.. N.W.. WASIIINGTON, D. C. 2(9)06 A101-1977 4 -%(/07 r RESOLUTION NO. 80-143 RESOLUTION AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT FOR THE CONSTRUCTION OF THE IOWA CITY SENIOR CITIZENS CENTER WHEREAS, Modern Piping, Inc. has submitted the best Mechanical contract bid for the construction of the above-named project. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the Mechanical contract for the construction of the above-named project is hereby awarded to Modern Piping, subject to the condition that awardee secure adequate performance bond and insurance certificates. 2. That the Mayor is hereby authorized to sign and the City Clerk to attest the contract for the construction of the above-named project, subject to the condition that awardee secure adequate performance bond and insurance certificates. It was moved by Neuhauser and seconded by Perret the Resolution 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 22nd day of April, 1980. /1 / � MAYOR ATTEST: c- Z. . r eZ'l CITY CLERK Recoivcvi & Apptived By i w Legal Deparhnent �{ /2 ZI?O 0 THE AMERICAN INSTITUTE OF ARCHITECTS I AIA Document A707 Standard Form of Agreement Between Owner and Contractor where the basis of payment is a STIPULATED SUM 1977 EDITION THIS DOCUMENT HAS IAIPOR7AN7 LEGAL CONS[ QUINCES; CONSULTATION WITH AN ATTORNIY IS EN000RAGID WITH RP.SPEC7 70 IIS COMPHOON OR MODWICAT1ON Use only With the '1976 Edition of AIA Document A201, General Conditions of the. Contract for Construction. This document has been approved and endorsed by The Associated General Contractors of America. AGREEMENT made ,is of the Twenty second Clay of April Hundred and Eighty BETWEEN the Owner: CITY OF IOWA CITY 410 E. Washington Street Iowa City, IA 52240 and the Contractor: MODERN PIPING, INC. P. 0. Box 128 Cedar Rnpidn, TA 52406 The Project: IOWA CITY SENIOR CITIZEN'S CENTER The Architect: WEHNER, NOWYSZ, PATTSCHULL + PPIPrNER 201 Dey Building Iowa City, IA 52240 in the year of Nineteen The Owner and the Contractor agree as set forth below. copyright 1915, 1911), 1925, 1937, 1751,'19511, 1961, 1761, 1967, 1974, h) 1777 by the American Inslilole of Architects, 1735 New -_— York Avenue, N sV., W,uhinglon, 2 C. 2011116. Reloodurlion of Ili,- nlalvdal horrin or suhstanlial quotation of its provisions wllhoul pc^" t of the AIA vinlales the .opyrighl laws of Ihv Uoiled Slales and will he subject to legal prosecution. AIA 00CUMr 'NCK-CoNTRACIIIR A""ILMI"NI• rll VfN'III ID1110N • IwNr 1977 • AIAOD g1"Ov • 'IIIc "IIIUli.. tll' ?Cl.'llllLs.. NIAV s'()RK AVI'.., N.W., WASIIINCIUN, U.C. 20006 A101-1977 1 n tf ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist of Ihis Agreemont, the Conditions of the Contract (General, Supplemenlary and ulher Conditions), the Drawings, the Specifications, all Addenda issued prior to and all Modifica lions issued after exe- cution of this Agreement. These form Iho C'.onlracl, and all are as fully a part of the. Contract as if attached to this Agreement or repeated herein. An enumewIion of the ('onIimI I)orumonIa .ippears in Aoicle 7. ARTICLE 2 II1BILTI SIM The Contractor shall perform all the Work required by the Conlracl Do(umonts for (Icre insert the option descriptive of the Work as used on other Contract Documents.) Mechanical Contract Work for remodeling of the Old Post Office building into the Iowa City Senior Citizen's Center. ARTICLE 3 TIME OF COMMENCEMENT AND SUBSTANTIAL COMPLETION the Work to be performed under this Contract shall be commenced immediately and, subject to authorized adjustments, Substantial Completion shall he achieved not later Ihan July 1, 1981. (Here insert any special provisions Int l"Wriemed damages "lath" In laihun m nrmple, r nn t'nn• ) AIA DOCUMENT A101 • t `It -CONTRACTOR AGRELMI:NT • ELEVENTH LDI11ON • JUNE 1977 • AIA'O 01977 • THE AMERICAN i ITE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGION, D. C. 20006 A101-1977 2 ARTICLE 4 CONTRACT SUM The Owner shall pay the Contractor in current funds for the performance of the Work, subject to additions and deductions by Change Order as provided in the Contract Dncunnmis, the Contract Surn of three hundred twelve thousand five hundred fifty Four nod no/100 dollars ($312,554.00). I. The Contract Sinn is determined as follows: (State here the base bid or other lump sum amount, accepted alternates, and unit prices, as applicable.) BASE BID $311,673.00 Alternate D1 -2A Coffee Urn 150.00 Alternate M -2B Stack: Conv. Ovens 300.00 Alternate M-21) Braising Pan 156.00 Alternate M -2E Steamer 275.00 TOTAL CONTRACT_PRICE $312,554.00 ARTICLE 5 PROGRESS PAYMENTS Based upon Applications for Payment submitted to the Arrhity( I by Ihr Cmilraclor,mid Certificates for Payment issued by the ATchitecl, the Owner shall make progress payments on ecrounl of the Contract Sum to the Contractor as pro- vided in Ihr Contract Doeunu•nts for the period ending Ihr lnuL day of the month as follows: Not later than ten (10) clays following the end of Ihr period covered by the Appliralion for Payment ninety percent ( 90 n/r) of the portion of the Contract Sum properly allocable to labor, materials and equipment incorporated in the Work and ninety per(viii ( 90 n/r) of the portion of the Contract SUM properly allocable to materials and equipment Suitably Stored at the site or at sonic other location agreed upon in writing, for the period covered by the Applicalion for Paymenl, Icss the agf;rcgate of previous payments made by the Owner; and upon Substantial Completion of the entire Work, a Sum sufficient to increase the total payments to ninety percent ( 90';/) of the Contract Sum, less sit( h annunts as Ihr. Archilecl shall determine for all incomplete Work and Unsettled claims as provide(] in the Contract Documents. (11 not covered elurehere in the Contract Documents, here insert any provision Int limiting or reducing the amount retained aIle, rhe wank reaches a certain stage or completion.) P.lyl genu clue and unpai(I ander the Contract Documents shall hoar inlerrsl from the elate payment is due at the rale enlrred below, or in the absence (hereof, it Ihr legal rate prevailing it Ihr place of the Projerl. mem insml any rate of interest agreed upon.) Usuo• lams . nd requi,emenls under the redeol Truth in lending All. similar slate .out fund ....,sums•...esit l.nvs and nbcr icgulatiom at the Owner's and Contraelor's principal Flares of bu,im•u, the Inralinn of rhe P,nie,l and ela•u$on• nr.p• die, I rhe valuliry ul this luau..:.. 5perilrr legal ar/vire should be ubl.tined with rnperl la deletion, modilictllan, nr other requirements such o1 written dee lnnure, ur rrdiren.l AIA DOCUMENT Aw: • OWNIIR-CONIRACTOR AGR❑.h11:1,11 • 1.11VIIN111 I.UIIION • JUN[ 1977 • AIA" 01977 itiC AMEN: 'NSTITUIC OI' ARCHP 17.15 NLW YORK AVE.., N.W., WASHINGTON, D. C. 20006 A701-1977 3 1TT1 ARTICLE 6 FINAL PAYMENT Final payment, constituting the entire unpaid balance of the Conlr.ut Sum, shall be paid by the Owner to the Contractor when the Work has been completed, the Contract fully performed, and a final Certificate for Payment has been issued by the Architect. ARTICLE 7 MISCELLANEOUS PROVISIONS 7.1 Terms used in this Agreement which are defined in the Conditions of the Contract shall have the meanings designated in those Conditions. 7.2 The Comract Documents, which constitute the entire agreement between the Owner and the Contractor, are listed in Article 'I and, except for Modifications issued after execution of this Agreement, are enumerated as follows: (List below the Agreement, the Conditions of the Contract fccoeral, Supplementary, and other Conditions), the Drawings, the Specifications, and any Addenda and xrepteJ ahrrnalM, showing page v she[t mothers in all rases and dams when: appik.thl".) This Agreement. Project Manual "Iowa City Senior Citizen's Center" Drawings (Sheets A-1 through A-16, K-1, S-1 through S-4, U-1, 11-1 through P-4, M-1, M-2, MP -1, through MP -4, HVAC -1 through HVAC -6, SP -1, and r-1 through H-7). Addendum No. 1 issued 3-29-80. Addendum No. 2 issued 4-8-80. Alternate M -2A Coffee Urn Alternate M -2C Single Conv. Ovens Alternate M -2D Braising Pan A1Lernate M-21' SLemaer Peceivad U Approved By Tho lc,�)a( Deparihnent This Agreement entered into as of the day and year first written above. OWNER CONTRACTOR MODERN PIPING, INC._ BY AIA DOCUMENT A101 'NNER.CONTRACTOR ACRUNI NT • 11 rl" NTION - JUNE 1977 • A10 071977 • THE AMERICP. rLruic or ARCIUTECIS, 17.1; N1.w YOc wA51lwGrON, D. C. 20006, A701-1977 44(�, /AA ■ l RESOLUTION NO. 80-144 RESOLUTION AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT FOR THE CONSTRUCTION OF THE IOWA CITY SENIOR CITIZENS CENTER WHEREAS, White Electric has submitted the best Electrical contract bid for the construction of the above-named project. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the Electrical contract for the construction of the above-named project is hereby awarded to White Electric, subject to the condition that awardee secure adequate performance bond and insurance certificates. 2. That the Mayor is hereby authorized to sign and the City Clerk to attest the contract for the construction of the above-named project, subject to the condition that awardee secure adequate performance bond and insurance certificates. It was moved by Neuhauser and seconded by Perret the Resolution 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 --i-- ATTEST: ATTEST: COIL _CITY CLERK Received & Approved By �The Legal DepaMmont a/b THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A101 Standard Form of Agreement Between Owner and Contractor where the basis of payment is a STIPULATED SUM 1977 EDITION THIS DOCUMENT HAS INIPOR7AN7 LEGAL CON5EQUINCES; CONSULTATION WITH AN ATTORNLI' IS ENCOURAGED WITH RESPECT TO as coAm E71nN OR MODIFICATION Use only Mill (he 7976 Edition of AIA Document A201, General Conditions of the Contract for Construction. This document has been approved and endorsed by The Associated General Contractors of America. AGREEMENT made as of the Twenty second clay of April Hundred and Eighty BETWEEN the Owner: CITY OF IOWA CITY 410 E. Washington Street Iowa City, IA 52240 and the Contractor: WHITE ELECTRIC SERVICE Box 469 Chariton, IA 50049 the Project IOWA CITY SENIOR CITIZEN'S CENTER The Architect: WEHNER, NOWYSZ, PATTSCHULL + PFIPFNER 201 Dey Building Iowa City, IA 52240 in the year of Nineteen The Owner and the Contractor agree as set forth hclow. Copyright 1915, 19111,'1925, 1917, 1751,'19511,'1961,'1'16.7, 1767, 1974, (1)'1777 by Ile American liwilule of Archilecis, '171.5 New Turk Avenue, N.W., W. hingtnn, D. C, 201106. Rep0u1urtion of the material herein or subsl,mlial quotalion of its provisions without permission of the AIA violnles the cupyril;hl laws of 160 unitad stales and will he subject 10 11%dl IM SCU111nn. AIA DOCUMENT AID' 11YNI R-CONIRACIOR A(;R@fnILNT • flfVINIII H)IIION • I(1Nr 1977 • AIAu 01977 • TIK ANlllkt NSIRL)Tf Or ARCIII11CIS, 17.6 NI -W PURR AV[., N.W., WASTIIN(JON, D. C. 20006 A101-1977 1 1( 11 /j ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement, the Condiliuns of the Contract (General, Supplementary and other Conditions), the Drawings, the Sped ficalions, all Addenda issued prior to and all Modifications issued after exe- cution of this Agreement. These form the Contract, and all are as fully a part of the Contract as if allached to this Agreement or repeated herein. An enumeration of the Contract Documents appears in Article 7. ARTICLE 2 THE WORK 1lie Comiactor shall perform all the Work required by the Contract Documents for Were insert the caption descriptive of the Work as used on other Contract Documents.) Electrical Contract Work for remodeling of the Old Post Office building into the Iowa City Senior Citizen's Center. ARTICLE 3 TIME OF COMMENCEMENT AND SUBSTANTIAL- COMPLETION The Work to be performed tinder This Contract shall be commenred immediately and, subject to aulh0ri7ed adjustments, Substantial Completion shall he achieved not later than July 1., 1981. Il Jere inert any rprrial pun,innne Inc liquiAned dmegrs rrlatin, In 6dlurr In rum,h+- nn um.• ) AIA DOCUMENT A101 • CONTRACTOR AC II.NT • FILVFNTII I11111ON • IUNr 1977 • AIA® 01777 • 7111 AMERICAN 'IL Of ARCIII1CClo, NLW YORK AVE., N."'., WAYIINCION, D.C. 2000(- A101-1977 2 n I 1 7 J. D ARTICLE 4 CONTRACT SUM The Owner shall pay the Contractor in current funds for the performance of the Work, subject to additions and deductions by Change Order as provided in the Contract Dnumu•nts, the Contract Sum of eighty four thousand nine hundred twenty and no/100 dollars ($84,920.00). The Contract Sum is determined as follows: 15late here the base bid or other lump sum amount, accepted alternates, and unit prices, as applicable.) BASE BID Alternate E -2A Coffee Urn Alternate E -2B Stacked Coiv. Oven Altornnto E -2D Bruising Pnn Alternate E -2E Steamer TOTAL CONTRACT PRICE ARTICLE 5 $84,480.00 90.00 350.00 No Chnrge No Charge $84,920.00 PROGRESS PAYMENTS [lased upon Applications for Payment submitted to the Architect by the Contractor and Certificates for Payment issued by the Aichilecl, the Owner Shall make progress payments oil .1C1'Oulll of the Contract Sum to Ute Contractor as pro- vidod in the Contract Documents for the, period ending the last day of the month as follows: Not later than ten (10) days following the end of the period covered by the Application for Payment ninety percent ( 90 %.) of the portion of the (:OI1lLll l Sum proper) allocable to labor, materials and equipmentincorpnraled in the Work and ninety percent ( 90 /,) of the portion of the Contract Sum propelly allocable to nluleriAs and equipment suirihly tiIowd it the bile or of sump other location agreed upon in writing, for the period covered by the Application for Paynivnl, lose the aggrogale of previous payments made by the Owner; and upon Substantial Completion of the entire Work, a sural Sufficient to increase the total payments to ninety percent ( 90 %b) of the COoira('I Sum, Iess such amounts as the. Architect shall determine for all incomplete Work and unsellled claims as provided in lite Cuellar I Doc unlenls. III nil covered rIseuh,,, in the C inlrarl nunmwnle, beer insert any provision Int Ionil ,o: or , lu,hr, the amount retained alter the Work reaches a certain slagc (i/ completion.) I'aymmIIlS clueand unpaid Miller the Contract Documents shall boar intpn••N from the dale paynnenl is (file at the rate entered below, or in the absence thereof, at the legal rate prevailing; al the place of the Project. Imre 1111111.3"1. Iatr of inhwm agrt•ed upon.) V.up• tans and'equimnu•nro undo, Ihv teleran 7,mh in !,endo"; All, simil.v "m...nil 1u...1.m11unu.. „odd len..end ndnr r.q:Avium at tlu• Owner's and Contractor's Principal places of business, the location of file Project and elsesebr,e nnay a0ocl the validity of this pruvminn. Specific fegai advice• should be obtained with respect m duction, modifi. ion, or other «•goovm,n1S such ar nniurn I... lnsures ur ..•...vers.) AIA DOCUMENT A1111 • OWNIR-CONIIiAC'rOR AGRHMI'NI • III.VINIII IDIIION • ;UNr 1977 • AIAO 01977 • IIIL AAILRICAN INSIIIUIL OIARCIII'ILC1S, 17.6 NLW PORK AVI:., N.W., WASIIINGION, U. C. 20006 A701-1977 3 �1 ATTES1 ARTICLE 6 FINAL PAYMENT Final payment, constituting the entire unpaid balance of the Contract Sum, shall be paid by the Owner to the ContraLtor when the Work has been completed, the Contract fully performed, and a final Certificate for Payment has been issued by the Architect. ARTICLE 7 MISCELLANEOUS PROVISIONS 7.1 Terms used in this Agreement which are defined in the Conditions of the Contract shall have the meanings designated in those Conditions. 7.2 The Contract Documents, which constitute the entire agreement between the Owner and the Contractor, are listed in Article 1 and, except for Modifications issued after execution of this Agreement, are enumerated as follows: (List below the Agreement, Ihr Condiliuns of the Contract (General, Supplementary, and other Conditions), the Drawings, the Specibrminns, and any Addenda and accepted alternates, showing page w sheet numhos in ail rases and dales whrie apphrahlr.) This Agreement. Project Manual "Iowa City Senior Citizen's Center" Drawings (Sheets A-1 through A-16, K-1, S-1 through S-4, U-1, P-1 through P-4, M-1, M-2, MP -1, through MP -4, IIVAC-1 through HVAC -6, SP -1, and E-1 through E-7). Addendum No. 1 issued 7-29-80. Addendum No. 2 issued 4-8-80. Alternate E -2A Coffee Urn Alternate E -2C Single Conv. Ovens Alternate E -2D Braising Pan Alternate E -2E Steamer P :sivod & Approved By The It -jai Departimnt This Agreement entered into as of the day and year first written above. OWNER AIA DOCUMENT A101 • t 01977 • THE AAIFRICIN CONTRACTOR WHITE ELECTRIC SERVICE 13Y yam' �o -t•----- IC1OR AGREL&nNr • LLEVI.N111 I:DIIIUN • IUNC 1777 • AIA" . f I1ECTS, 1715 NIAV YORK AVE.. N.W., WASHINGION, D. C. 20006 A101-1977 4 1 Y RESOLUTION NO. 80-145 RESOLUTION AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT FOR THE CONSTRUCTION OF THE IOWA CITY SENIOR CITIZENS CENTER WHEREAS, Hockenbergs has submitted the best contract bid for the construction of the above-named project. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the Kitchen Equipment• contract for the construction of the above-named project is hereby awarded to Hockenberg, subject to the condition that awardee secure adequate performance bond and insurance certificates. 2. That the Mayor is hereby authorized to sign and the City Clerk to attest the contract for the construction of the above-named project, subject to the condition that awardee secure adequate performance bond and insurance certificates. It was moved by Neuh user and seconded by Perret the Resolution be adopted, and upon rol all there were: AYES: NAYS: ABSENT: _x Balmer x Erdahl X Lynch x Neuhauser x Perret _x_ Roberts x Vevera Passed and approved this 22nd day of Ar) r11, 1980. -� MAYOR ATTEST: CITY CLERK Recoiveci a Approved Cly Tire Eegai Departraen8 7 �Q� a rte. THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A101 Standard Form of Agreement Between Owner and Contractor where the basis of payment is a STIPULATED SUM 1977 EDITION THIS DOCUMENT HAS 00PORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY 15 ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION Use only with the 1976 Edition of AIA Document A201, Gcmeral Conditions of the Contract for Construction. This document has been approved and endorsed by The Associaled General Contractors of America. AGREEMENT made as of the Twenty second clay of April Hundred and Eighty BETWEEN the Owner: CITY OF IOWA CITY 410 E. Washington Street Iowa City, IA 52240 and the COnlraclor: UOCKENBERGS 2300 hell Avenue Des Moines, IA 50321 The Project IOWA CITY SENIOR CITIZEN'S CENTER The Architect: WEHNER, NOWYSZ, PATTSCIIULL + PFIFFNER 201 Dey Building Iowa City, IA 52240 The Owner and the Contractor agree as set forth below. in the year of Nineteen Copyright 1915, 17111, 1925, 1777, 1751, 1950, 1961, 1961, 1967, 1974, n 1977 by the American Inslilule of Architects, 1735 New York Avenue, N.W., Washington, D. C. 20006. Reproduelinn of the material herein or subsiantlal nuotalion of its provisions without pcn:-:ninn of the AIA violates IIIc cnpyriRhl laws of Iho tlniled Slates and will he subject In legal prosecution. AIA DOCUMINI OWNER -CONTRACTOR ACRCr.v4NT • ELEVENTH rnl TION • JUNE 1977 • AIA® 01971, • 111f 'N9111111L or ARCI1111C15, 1715 NLW PORK AVE., N.W., WASHINGTON, D. C. 20006 A101-1977 1 �/3 0 ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement, the Conditions of the Contract (General, Supplementary and other Conditions), the Drawings, the Specifications, all Addenda issued prior to and all Modifications issued after exe- cution of this Agreement. These form the Contract, and all are as fully a part of the Contract as if attached to this Agreement or repealed herein. An enumeration of the Contract Documents appears in Article 7. ARTICLE 2 THE WORK The Contractor shall perform all the Work required by the Contract Documents for (Here Insert the caption descriptive or the Work as used on other Contract comments.) Kitchen )equipment Contract Work for the Iowa City Senior Citizen's Center. ARTICLE 3 TIME OF COMMENCEMENT AND SUBSTANTIAL COMPLETION The Work to be performed under this Contract shall be commenced immediately and, subject to authorized adjustments, Substanlial Completion shall be achieved not later than July 1, 1981. psen• insert any special provisions for liquidated damages relating In laih,re to complete no lime.) AIA DOCUMENT A101 471977 • THE AMERICAN 'ER-CONTRACTne AGREEMENT a ELEVENTH EDITION s JUNE 1977 • AIA° ':RE OE ARC' 'TS, 177; NLW YORK AVE., N.W., WASIIINGTON, D. C. 20006 A701-1977 2 1'i ARTICLE 4 CONTRACT SUM The Owner shall pay the Contractor in current funds for the performance of the Work, subject to additions and deductions by Change Order as provided in the Contract Documents, the Contract Sum of sixty one thousand four hundred thirty nine and no/100 dollars ($61,439.00). The Contract Sum is determined as follows: (State hem rhe base hid or Nher lump sum amount, accorded allernales, and unit prices, as appllcahf0 BASE BID Alternate K-4 Convec. Alternate K-6 Steamer TOTAL CONTRACT PRICE $51,551.00 oven (21B) 3,811.00 6,077.00 $61,439.00 ARTICLE 5 PROGRESS PAYMENTS Based upon Applications for Payment submitted to the Architect by die Contractor and Certificates for Payment issued by the Architect, the Owner shall make progress payments on account of the Contract Sum to the Contractor as pro- vided in the Contract Documents for the period ending the last clay of the month as follows: Not later than ten (10) days following the end of the period covered by the Application for Payment ninety percent ( 90 %) of the portion of the Contract Sum properly allocable to labor, materials and equipment incorporated in the Work and n Lnety percent ( 90 n/.) of file portion of the Contract Sum properly allocable to materials and nquipntent suitahly stnrml at the site or at sonic other location agreed upon in writing, for the period covered by the Application for Payment, less the aggregate of previous payments made by the Owner; and upon Substantial Completion of the entire Work, a sum sufficient to increase the total payments to ninety Work percent ( 90'%r) of the Contract Sum, less such amounts as the Architect shall determine for all incomplete and unsettled claims as provided in the Contract DocumeNs. Of non covered efsesvhere in the Contract Documents, here insert any provision for limiting or reducing the amount retained after the Work reaches a certain , stage of mmpieiiond Payments due and unpaid under the Contract Documents shall hear interest from the date payment is due at the rate entered below, or in the absence thereof, at the legal rate prevailing; at the place of the Project. filere insert any rate of interest agreed upon.) Lis up, laws and requirements under the federal Truth in lending Art, similar slain and Intal mneumor credit laws and miles regulations at the Owner's and Cuntractvl's principal places of l ucinns, the lucallun of It"! Ptolml and ehewhew• may affect the Wildly ul This provision. .Specific legal advice should be obtained with respect to deletion, modification, or other requirements such as written disclosures Of waivers ) AIA DOCUMENT Asn; OWNER -CONTRACTOR AGREEMENT • ELEVENTH EDITION • ;UNE 1977 • AIA® 01977 • THE AMr! INSTITUTE Or ARCI IITECI'S, 1735 NLW YORK AVE:., N.W., WAST IINGTON, D. C. 20006 A101-1977 3 ..z /3 ATTEST ARTICLE 6 FINAL PAYMENT Final payment, constituting the entire unpaid balance of the Contract Sum, shall be paid by the Owner to the Contractor when the Work has been completed, the Contract fully pelfornied, and a final Certificate for Payment has been issued by the Architect. ARTICLE 7 MISCELLANEOUS PROVISIONS 7.1 Terms used in this Agreement which are defined in the Conditions of the Contract shall have the meanings designated in those Conditions. 7.2 The Contract Documents, which Constitute the entire agreement between the Owner and the Contractor, are listed in Article 1 and, except for Modifications issued after execution of this Agreement, are enumerated as follows: fLisl below the Ag.eenienl. the Conditions of hhe Contras (General, Supplemenoty, and nhher Combiinnc); (lie Drawings, Ihr Speci ievions, and any Addenda and accepted allernatei, slhowing page or .sheet numbers In all cases and dates where applicable.) This Agreement. Project Manual "Iowa City Senior Citizen's Center" Drawings (Sheets A-1 through A-16, K-1, S-1 through S-4, U-1, P-1 through P-4, M-1, M-2, MP -1, through MP -4, HVAC -1 through HVAC -6, SP -1, and E-1 through E-7). Addendum No. 1 issued 3-29-80. Addendum No. 2 issued 4-8-80. Alternate K-4 Single Convection Oven Alternate K-6 Steamer This Agreement entered into as of the day and year first written above. OWNER CONTRACTOR Received & Approved By The Legal Department 61,777 7111 AN(RIG 01ARCI III CC YORK AW, N.W., WASI Ilk TON, 1),C. 21006 A101-1977 4 fE:t'✓GF ��G RE' ----TION NO. 80-146 RESOLUTION AUTHORIZING THE CITY MANAGER TO SIGN AND THE CITY CLERK TO ATTEST CONTRACT FOR THE ACQUISITION OF REAL PROPERTY FOR THE LOWER RALSTON CREEK NEIGHBORHOOD IMPROVEMENT PROJECT. WHEREAS, the City Council of the City of Iowa City did approve Resolution No. 79-242 authorizing application for federal funds under the Community Development Block Grant/Small Cities Program for improvements in the Lower Ralston Creek neighborhood; and WHEREAS, the Department of Housing and Urban Development has formally approved said application; and WHEREAS, the City Council did approve Resolution No. 79-489 authorizing the acquisition of real property required for said project; and WHEREAS, real estate appraisals and review appraisals have been conducted to establish fair market value of the parcels to be acquired for Phase I of said project; and WHEREAS, the City Council did approve Resolution No. 80-67 establishing just compensation for real property acquisition for Phase I of the Lower Ralston Creek Neighborhood Improvement Project; and WHEREAS, in order to acquire said real property, the City desires to enter into contract 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 City Manager is hereby authorized to sign and the City Clerk to attest the contract for the purchase of the real property referred to below for the amount designated below: Parcel Number Purchase Price 5 $106,600 It was moved by Roberts and seconded byyevera that the resolution as read be adapted, 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 22nd day of April 1980. /MAYOR ATTEST: CITY CLERK Received & Approved By The Legal Deparlm nt '�7/ 54 RESOLUTION NO. 80-147 RESOLUTION SUPPORTING THE FEDERAL GENERAL REVENUE SHARING PROGRAM WHEREAS, in 1972 Congress enacted P.L. 92-512, which established the General Revenue Sharing Program to assist state and local units of government, and WHEREAS, this program is perhaps the most efficient and effective program ever established by the federal government, and WHEREAS, without such a program local government in Iowa would have to increase property taxes in order to maintain the current level of services in their communities, and WHEREAS, the continued strength of local government and effectiveness of the federal system are dependent upon the program's continuation, and WHEREAS, the General Revenue Sharing Program scheduled to expire September 20, 1980 will be the focus of considerable attention by members of Congress, and WHEREAS, the support of such a program reinforces your commitment to local government problems in Iowa, NOW THEREFORE BE IT RESOLVED, that the City of Iowa City strongly supports the General Revenue Sharing Program and whatever action is necessary by our United States Congressional Representatives toward gaining the reenactment of the program. It was moved by Perret and seconded by Erdahl 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 22ndday of Ap�rill 1980. /1 MAYOR ATTEST: CITY CLERK that the Received Li Approved By The Legal fleparFment d/s RESOLUTION NO. 80-148 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: Ware & McDonald Oil Co. dba Wareco, 828 S. Dubuque 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 Neuhauser and seconded by Roberts that the Resolution as read be adopted, and upon roll call there were: Balmer AYES: NAYS: ABSENT: x Lynch x Erdahl x Neuhauser x Perret x Roberts x Vevera x Passed and approved this 29th day of April 1980 r Attest: A ity Clerk a16 3� 'e� RESOLUTION NO. 80-149 RESOLUTION OF APPROVAL OF CLASS A SUNDAY PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class A Sunday Permit application is hereby approved for the following named person or persons at the following described location: Leroy Weekes Post 113949 dba Leroy Weekes Post 113949, 609 Hwy. 6 By -Pass 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 Neuhauser 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 x Perret x Roberts x Vevera x Passed and approved this 29th day of April , 19 80 Attest: (JW1W AIL City Clerk 41/ RESOLUTION NO. 80-150 RESOLUTION APPROVING CLASS A LIQUOR CONTROL LICENSE APPLTCATM BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class Liquor Control License application is hereby approved for the following named person or persons at the following described location: Leroy Weekes Post 113949 dba Leroy Weekse Post 113949 609 Hwy. 6 By -Pass Said approval shall be subject to any conditions or re- strictions hereafter imposed by ordinance or State law. The City Clerk shall cause a recommendation for approval to he endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond, sketch of the premises and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by that the Resolution there were: Balmer Lynch Erdahl Neuhauser Perret Roberts vevera and seconded by Roberts as readopted, and upon roll—calT Passed and approved this Ril�1 Attest: L City Clerk AYES: NAYS: ABSENT: x x x x x x 29th day of April 19 80 r ez/p RESOLUTION NO. 80-151 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: Ware & McDonald Oil Co., Wareco, 828 S. Dubuque 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 Neuhauser and seconded by Roberts that the Resolution as read be adopted, and upon roll call there were: Balmer AYES: x Lynch x Erdahl x Neuhauser x Perret x Roberts x Vevera x NAYS: ABSENT: Passed and approved this 29th day of April 19 80 , or Attest: t AQ_ _ City Clerk RESOLUTION NO. 80-152 RESOLUTION TO REFUND A PORTION OF CLASS C LIQUOR LICENSE FEE WHEREAS, Allen Rice & Kathy Baum dha/ Jay & Al's Club Car Loynge, at 122 Wright has surrendered Liquor License N 12379 to the Iowa State Beer F, Liquor Control Department, and has received the State share of .3S% of two quarter' sDf the liquor license fee, and, WHEREAS, the above licensee has applied for refund of the City' share of 6S% of two quarter isof the liquor license fee, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the Mayor and City Clerk be authorized and directed to draw a warrant on the General Fund in the amount of $ 422.50 , payable to Allen Rice & Kathy Baum 1902 Muscatine Ave. for refund of portion of Liquor License # 12379 ft was moved by Neuhauser and seconded by Roberts that the Resolution as read he adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x Lynch x Erdahl x Neuhauser x Ferret x Roberts x Vevera Passed and approved this 29th day of April 19 84 a or ATTEST: City Clerk a,to RfssOLlrrION NO. 80-153 RESOLOTION TO REFUND A PORTION OF CLASS C LIQUOR LICENSE FEE WHEREAS, O'Neill's Enterprises, LTD.dha/ O'Kelley's Irish Pub at 1310 Highland Court has surrendered Liquor License n 12285 to the Iowa State Beer $ Liquor Control Department, and has received the State share of 35% of one quarter of the liquor license fee, and, WIiEREAS, the above licensee has applied for refund of the City' share of 65% of one quarter of the liquor license fee, BE IT RESOLVED BY T11E CITY COUNCIL OF IOWA CITY, IOWA, that the Mayor and City Clerk be authorized and directed to draw a warrant on the General Fund in the amount of $ 211.25 , payable to Janis C. 0' Neill 1#38 Bon Aire for refund of portion of Liquor License a 12285 It was moved by Neuhauser and seconded by Roberts that the kesolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x Lynch x Erdahl x Neuhauser x Ferret x Roberts x Vevera Passed and approved this 29th day of April 19 80, a r ATTEST: City Clerk d;?OZ/ RESOLUTION NO. 80-154 RESOLUTION SETTING PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE NFTf,HRORH000 SITE IMPROVEMENTS - CURB RAMP AND SIDEWALK REPAIR DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECT- ING CITY ENGINEER TO PLACE SAID PLANS, ETC., ON FILE FOR PUBLIC INSPECTION. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That a public hearing on the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project is to be held on the 6th day of May , 19 80 , at 7:30 p.m. in the Council Chambers, Civic Center, Iowa City, Iowa. 2, That the City Clerk is hereby authorized and directed to publish notice of the public hearing for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the city, not less than four (4) nor more than twenty (20) days before said hearing. 3. That the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project are hereby ordered placed on file by the City Engineer in the office of the City Clerk for public inspection. It was moved by Neuhauser and seconded by Roberts 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 29th day of April 1980 Mayor � ATTEST: Received $ Approved�� City Clerk By The Legal Department RESOLUTION NO. 80- ,� RESOLUTION ESTABLISHING JUST COMPENSATION FOR THE ACQUISITION OF REAL PROPERTY FOR THE LOWER RALSTON CREEK NEIGHBORHOOD IMPROVEMENT PROJECT (PARCEL #8, OWNED BY JOHN GILLISPIE). WHEREAS, the City Council of the City of Iowa City did approve Resolution No. 79-242 authorizing application for federal funds under the Community Development Block Grant/Small Cities Program for improvements in the Lower Ralston Creek Neighborhood; and WHEREAS, the Department of Housing and Urban Development has formally approved said application; and WHEREAS, the City Council did approve Resolution No. 79-489 authorizing the acquisition of real property required for said project; and WHEREAS, the real estate appraisal and review appraisal have been conducted to establish fair market value of the parcel to be acquired for said project; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA: 1. That the following amount is hereby determined to be just compensation for the purpose of acquisition of the following real property: $11,000 for parcel #8, legally described as: "Commencing at a point on the north line of lot 20 in that part of Iowa City, Iowa known as the County Seat of Johnson County, Iowa, according to the recorded plat thereof, which point is 140 East of the Northwest corner of said Block 20; thence South on a line parallel to the West line of said Block 20, 76.5 feet to the centerline of Ralston Creek as now located; thence Northeasterly along the centerline of said Ralson Creek to a point where said centerline of Ralston Creek intersects the East line of said Block 20, which said East line coincides with the line of Maiden Lane; thence North along the East line of said Block 20, 45.5 feet to the Northeast corner of said Block 20; thence West from the north line of said Block 20 to the place of beginning, subject to existing easements." 2. That the City Manager and the Community Development Block Grant Program Coordinator are hereby authorized and directed to begin negotiations for the acquisition of said parcel in accordance with the real property acquisition regulations of the Department of Housing and Urban Development. 3. That the City Manager, acting as executive officer of all Housing and Community Development Block Grant programs, is hereby authorized to contract for the purchase of said parcel. aa� 80-155 It was move Neuhauser and seconded L, Roberts that the resolution as read be adopted, and upon roll call there were: AYES: NAYS ABSENT: Balmer Erdahl Lynch Neuhauser Perret Roberts Vevera Passed and approved this 29th day of April 1980. M YOR ATTEST: CITY CLERK Recelved R Approved By The Legal Dopaifrn! f �iLcy— — �f/aT�kO a.? �z City o4 Iowa C* MEMORANDUM Date: April 25, 1980 To: City Council and City Manager From: Bruce A. Knight, Planner/Program Analyst Re: Lower Ralston Creek Neighborhood Improvement Project - Property Acquisition - Parcel #8 (Owned by John Gil lispie) John Gillispie requested that the acquisition of his property at 311 East Harrison be moved up to allow him to complete a transaction for the acquisition of a parcel of land to replace the subject property. In line with this request, the appraisal has been completed and reviewed for the acquisition of parcel #8 located at 311 East Harrison. The parcel was appraised at a total value of $11,000. Federal regulations require that the City establish "just compensation" based on, and not less than, the valuation determined by the review appraisal. The values established by the resolution are equal to the respective review appraisal. Following the approval of this resolution, the CDBG staff will proceed with a purchse offer and with negotiations for the purchase of the subject parcel. Required relocation assistance will be coordinated with the acquisition of this parcel. bj4/19 a� • • SUPPLEMENT NO. 4 CITY CODE Of IOWA CITY, IOWA Looseleaf Supplement This Supplement contains all ordinances deemed advisable to be included at this time through: Ordinance No. 79-2979, enacted November 6, 1979. See Code Comparative Table, page 2955. Remove old pages [1] through [4] 536.1, 536.2 549, 550 1161 through 1164 1169 through 1174 1903, 1904 2139, 2140 2575, 2576, 2576.1 2955 Index pages 3048.1, 3049, 3050 Insert new pages [1] through [4] 536.1, 536.2 549, 550, 550.1 1161 through 1164.1 1169 through 1174.1 1903, 1904 2139, 2140, 2140.1 2575, 2576, 2576.1 2955 Index pages 3049 through 3050.2 Insert this instruction sheet in front of volume. File deleted pages for reference. MUNICIPAL CODE CORPORATION Tallahassee, Florida April, 1980 Note—For checklist of up-to-date pages in Code, see page [1] following Table of Contents. ass • Checklist of Up -to -Date Pages (This checklist will be updated with the printing of each Supplement.) From our experience in publishing Looseleaf Supplements on a page -for -page substitution basis, it has become evident that through usage and supplementation many pages can be inserted and removed in error. The following listing is included in this Code as a ready guide for the user to determine whether the Code volume properly reflects the latest printing of each page. In the first column all page numbers are listed in sequence. The second column reflects the latest printing of the pages as they should appear in an up-to-date volume. The letters "OC" indicate the pages have not been reprinted in the Supplement Service and appear as published for the original Code. When a page has been reprinted or printed in the Supplement Service, this column reflects the identification • number or Supplement Number printed on the bottom of the page. In addition to assisting existing holders of the Code, this list may be used in compiling an up-to-date copy from the original Code and subsequent Supplements. Page No. Supp. No. Page No. Supp. No. Title page OC 121-126 OC iii OC 177-198 OC v -vi OC 199-201 3 vii 3 251-253 OC ix—xiv OC 303-312 OC xv—xxii 2 363, 364 1 1-4 OC 365-368.1 2 5, 6 1 369-372.1 3 6.1 1 373, 374 1 7-16 OC 374.1 1 17, 18 1 375, 376 OC 19, 20 OC 377, 378 1 71 1 378.1 1 Supp. No. 4 • Ill [2] 0 IOWA CITY CODE • Page No. Supp. No. Page No. Supp. No. 379-381 OC 1049-1156.1 3 431, 432 OC 1149-1152 1 483194 OC 1153-1156.1 2 53134 1 1157, 1158 1 535, 536 2 1159, 1160 2 536.1, 536.2 4 1161-1164.1 4 537, 538 1 1165-1166.1 3 539-540.1 3 1167, 1168 2 541-548 1 1169-1174.1 4 549-550.1 4 1175-1198 2 551, 552 1 1229-1246 OC 553-556 2 1297-1301 OC 557-567 OC 1351-1356 OC 617, 618 OC 1407-1416 OC 639-650 1 1467-1477 OC 669-674 1 1527, 1528 2 674.1 1 1529, 1530 1 675-686 O 1531-1534.1 3 737-744 1 1 1535-1538 OC • 745, 746 3 1539, 1540 1 747-750 1 1540.1 1 811, 812 OC 1541-1546 OC 813-818 2 1547, 1548 1 867, 868 OC 1548.1 1 919, 920 1 1549-1562 OC 921-930 OC 1563, 1564 3 931-950 1 1565-1568 1 950.1, 950.2 1 1568.1 1 951-980 1 1569, 1570 OC 980.1-980.16 1 1571, 1572 1 981-986.1 3 1573-1576 OC 987, 988 1 1577-1578.1 3 988.1 1 1579-1590 OC 989, 990 OC 1591, 1592 1 991-994.1 3 1593-1597 2 995-998 1 1643, 1644 2 999 OC 1645, 1646 1 Supp. No. 4 [2] 0 • CHECKLIST OF UP-TO-DATE PAGES—IOWA CITY Page No. Supp. No. Page No. Supp. No. 1646.1 1 2420.1 1 1647-1662 OC 2421-2424 OC 1663 1 2425, 2426 1 1713, 1714 2 2427, 2428 OC 1714.1 1 2429 1 1715-1724 OC 2479-2482.1 3 1725-1727 3 2483-2484 2 1775-1780 OC 2485-2488.2 3 1831-1840 OC 2489, 2490 2 1841, 1842 1 2491, 2492 1 1842.1 1 2492.1 1 1843-1853 OC 2493, 2494 OC 1903, 1904 4 2495-2498 1 1905-1914 1 2498.1 1 1967-1970 OC 2499-2506 OC 2021 OC 2507-2510 1 2121-2128 OC 2510.1-2510.4 1 2129-2132 3 2511-2516 OC • 2133-2138 OC 2517, 2518 1 2139-2140.1 4 12519, 2520 OC 2141-2147 OC 2521-2530 1 2197-2208 OC 2530.1, 2530.2 1 2209, 2210 1 2531-2538 OC 2210.1 1 2539-2540.1 3 2211, 2212 OC 2541-2542.2 2 2213-2217 3 2543-2550 OC 2267-2270 OC 2551-2554.1 3 2271, 2272 1 2555-2574 OC 2272.1 1 2575-2576.1 4 2273, 2274 OC 2577-2580 OC 2275, 2276 1 2581-2582.1 2 2276.1 1 2583-2592 3 2277-2301 OC 2593-2612 OC 2351, 2352 1 2913, 2914 OC 2353-2364 OC 2935-2950 OC 2365-2370 1 2951, 2952 1 2419, 2420 1 2953, 2954 3 • Supp. No. 4 [3] aa� Supp. No. 4 - _ • [4] IOWA CITY CODE • Page No. Supp. No. Page No. Supp. No. 2955 4 3027, 3028 3 2971-2976 OC 3029--3032 1 2977, 2978 OC 3032.1 1 2979-2980.1 3 3033, 3034 OC 2981, 2982 1 3035-3036.1 2 2982.1 1 3037--3042 1 2983, 2984 OC 3042.1, 3042.2 1 2985-3000 -- 1 3043, 3044 OC 3001, 3002 2 3045-3048 2 8002.1-3002.3 1 3049-3050.2 4 3003--3006 2 3051, 3052 OC 3007-3012 1 3053--3062 1 3012.1, 3012.2 1 3063-3064.01 2 3012.3--3012.5 3 3064.1, 3064.2 1 3013, 3014 2 3065, 3066 2 3015, 3016 1 3067068.1 3 3016.1, 3016.2 2 3069, 3070 1 3017-3020 2 3071-3074 OC 3020.1-3020.3 3 3075, 3076 1 • 3021, 3022 OC 3076.1 1 3023-3026 1 3077-3081 OC Supp. No. 4 - _ • [4] • BUILDINGS AND BUILDING REGULATIONS § 8-17 Section 11090). Definition. (b) Definition. For the purpose of this section, an open parking garage is a structure of Type I or Type TI con- struction, whichis opened on two (2) or more sides totaling not less than forty (40) per cent of the building perimeter, and which is used exclusively.for parking or storage of pri- vate pleasure cars. For a side to be considered open, the total area of openings distributed along the side shall be not less than fifty (50) per cent of the exterior area of the side at each tier. Exceptions: 1. The grade level tier may contain an office, waiting and toilet rooms having a total area of not more than one thousand (1,000) square feet and such a need not be separated from the open parking garage. 2. Where in the opinion of the building official the total area of openings required for natural ventilation of • the garage can be achieved by means other than con- struction allowing fifty (50) per cent of the exterior area of each side to be open at each tier, said alterna- tives shall be considered as meeting the definition of an open parking garage. (Ord. No. 79-2942, § 2, 2-6-79) Section 1109(h). Standpipes. Standpipes shall be installed when required by the provisions of Chapter 38. Exception: Publicly owned open parking garages may be exempted from the wet standpipe requirements when re- quested in writing by the Iowa City Fire Marshal. (Ord. No. 79-2942, § 2, 2-6-79) Section 1109(i). Fire -extinguishing systems. When re- quired by other provisions of this code, automatic fire -ex- tinguishing systems and standpipes shall be installed in accordance with the provisions of Chapter 38. Exception: Publicly owned open parking garages may be exempted from the requirements of automatic fire-extin- Supp. No. 4 • 536.1 ams § 8-17 ICWA CITY CODE. • guishing systems and wet standpipe when requested in writing by the Iowa City Fire Marshal. (Ord. No. 79-2942, § 2, 2-6-79) (9.1) Section 1305(a). Light and ventilation is hereby amended to read as follows: All guest rooms, dormitories and habitable rooms within a dwelling unit shall be provided with natural light by • Supp. No. 4 536.2 is r� • BUILDINGS AND BUILDING REGULATIONS § 8-17 a height of eight (8) feet between any projection from a tenant space bordering the mall and the nearest kiosk, vending machine, bench, display or other obstruction to egress. The mall shall be sufficient to accommodate the occupant load immediately tributary thereto. Malls which do not conform to the requirements of this section shall comply with the requirements of Sections 3304(8) and 3304(h) of this code. (h) Security grills and doors. Horizontal sliding or ver- tical security grills or doors which are a part of a required means of egress shall conform to the following: (1) They must remain secured in the full open position during the period of occupancy by the general public. (2) Doors or grills shall not be brought to the closed position when there are more than ten (10) persons occupying spaces served by a single exit or fifty (50) persons occupying spaces served by more than one exit. (3) The doors or grills shall be openable from within without the use of any special knowledge or effort when the space is occupied. (4) When two (2) or more exits are required, not more than one-half (1/2) of the exits may be equipped with horizontal sliding or vertical rolling grills or doors. (i) Exit connection to publicly owned open parking ga- rages. Covered malls otherwise meeting all the above exit- ing requirements may be connected directly to an open park- ing garage owned and operated by the city provided that any such opening be protected by an automatic closing fire assembly in accordance with the requirements of Section 4306. (Ord. No. 79-2942, § 2, 2-6-79) Sec. 1113. Occupancy. (a) General. Covered mall buildings aas Group B, Division 2 occupancies and sory uses consisting of Groups A, E or Supp. No. 4 549 shall be classified may contain acces- R, Division l occu- J .. :%4 a07s § 8-17 IOWA CPPV CODE • pancies. The area of individual accessory uses within a covered mall building shall not exceed three (3) times the basic area permitted by Table No. 5-C of this code for the type of construction and the occupancy involved. The ag- gregate area of all accessory uses within a covered mall building shall not exceed twenty-five (25) per cent of the gross leasable area. An attached garage for the storage of passenger vehicles having a capacity of not more than nine (9) persons and open parking garages may be considered as a separate building when they are separated from the covered mall building by an occupancy separation having a fire endur- ance time period of at least two (2) hours. (b) Mixed occupancy. Individual tenant spaces within a covered mall building which comprise a distinct "occu- pancy, ' as described in Chapters 5, 6, 7, 8, 11, 12 and 13 of this code, shall be separated from any other occupancy as specified in Section 503(d) of this code. Exception: A main entrance which opens onto a mall need • have. no separation. (Ord. No. 78-2912, § 2, 7-25-78) Editor's note—Amendment, to the building code are history noted Immediately following the affected subsection. See also the editor's note at § 8-16. Sec. 8-18. Minimum requirements; conflict with other regula- tions. The provisions of this code shall be held to be the minimum requirements adopted for the protection of the health, safety and welfare of the citizens of the City of Iowa City, Iowa. Any -higher standard in a statute of the State of Iowa or ordinance of the City of Iowa City shall be applicable. (Ord. No. 77-2859, § 4, 9-6-77) Note—See the editor's note for § 8-16. Sec. 8-19. Fire zones. (a) Generally: The following shall constitute fire zones:of the city. and no building of any description whatsoever or Supp. No. 4 - • 650 • BUILDINGS AND BUILDING REGULATIONS § 8-19 addition thereto or repair thereto shall be erected within such limits, unless the same complies with the building code of the city and the provisions of this chapter. (b) Fire district. The entire city is hereby declared to be and it is hereby established as a fire district pursuant to the laws of the state. (c) Fire zones. The fire district of the city is hereby di- vided into three (3) fire zones designated as Zones 1, 2 and 3. c: Sapp. No. 4 •660.1 .Ty • HOUSING § 17-4 her of occupants sharing the single toilet does not ex- ceed eight (8) persons. (h) Sharing a bath. The occupants of two (2) or more Type III dwelling units may share a bath provided the total number of occupants in the two (2) or more Type III dwelling units sharing a single bath does not exceed eight (8) persons. (i) Sharing a lavatory basin. Every Type III dwelling shall contain a lavatory basin or lavatory basins within the room or rooms in which the communal toilet or toilets are located, and the total number of lavatory basins shall not be less than the total number of toilets. (j) Creation of dwelling unit sharing a toilet and bath. No dwelling unit shall be permitted where occupants share a toilet, a bath, or a lavatory basin with the occupants of another dwelling unit or other dwelling units, in accordance with the provisions contained herein, unless • such unit has been created in accordance with the pro- visions of the Iowa City Municipal Code applicable at the time of its creation, and every such dwelling unit is located in a Type III dwelling for which a valid Type III dwelling permit was issued in accordance with the provisions contained herein, and in effect on the effec- tive date of this chapter. (k) Location of communal toilets and baths. Every com- munal toilet and bath shall be accessible to the occu- pants of each dwelling unit without passage through another dwelling unit. They shall be located on the same floor or the floor immediately above or below the dwelling unit. (1) Water heating facilities required. Every kitchen sink, bath and lavatory basin required in accordance with the provisions of the Housing Code shall be properly connected with supplied water heating facilities. Every supplied water heating facility shall be properly con- nected and shall be capable of heating water to such a Supp. No. 4 • usI .22S § 17-4 IOWA CITY CODE • temperature as to permit an adequate amount of water to be drawn at every kitchen sink and lavatory basin required under the provisions of the Housing Code at a temperature of not less than one hundred twenty (120) degrees Fahrenheit (forty-eight (48) degrees C). Such supplied water heating facilities shall be capable of meeting the requirements of this section where the required dwelling or dwelling unit heating facilities are not in operation. (m) Connection of sanitary facilities to water and sewer systems. Every kitchen sink, toilet, lavatory basin and bath shall be in good working condition and properly connected to an approved water and sewer system. (n) Exits. (1) Two (2) means of egress required: a. Every dwelling unit and rooming unit shall have access to two (2) independent, unob- structed of egress remote from each other. At least one shall be an exit which discharges di- rectly or via corridors or stairways or both • to a public way. (2) Every means of egress shall comply with the fol- lowing requirements: a. It shall be kept in a reasonably good state of repair. b. Handrails. 1. All stairways comprised of four (4) or more risers shall be provided with a sub- stantial handrail. 2. All handrails hereafter installed shall be installed so that all stairways comprised of four (4) or more risers shall have handrails on each side, and every stairway more than eighty-eight (88) inches in width shall be provided with not less than one intermediate handrail for each eight - eight (88) inches of width. Intermediate Supp. No. 4 1162 • • HOUSING $ 17-4 handrails shall be spaced equally within the entire width of the stairway. They shall be continuous the full length of the stairs and, except for private stairways, at least one handrail shall extend not less than six (6) inches beyond the top and bottom risers. Ends shall be returned or shall terminate in newel posts or safety terminals. Exception: Stairways forty-four (44) inches or less in width and stairways serving one individual dwelling unit may have one handrail, except that such stair- way open on one or both sides shall have handrails provided on the open sides. 3. All handrails hereafter installed shall be substantial and shall be located between thirty (30) and thirty-four (34) inches above the nose of the stair treads. c. [Existing] guardrails. 1. All unenclosed floor and roof openings, • open and glazed sides of landings and ramps, balconies or porches which are more than thirty (30) inches above grade or [above the] floor below, and [any] roof used for other than service of the building shall be protected by a substan- tial and safe guardrail. d. New guardrail construction. 1. Guardrails hereafter constructed shall be not less than forty-two (42) inches in height. Open guardrails and stair rail- ings shall have intermediate rails, bal- usters or other such construction such that a sphere of nine (9) inches in di- ameter cannot pass through. Exception: L Guardrails serving one dwelling unit shall be not less than thirty-six (36) inches in height. • Supp. No. 4 1163 4;2s § 174 IOWA CITY CODE ii. Interior guardrails within individual • dwelling units or rooming units may be thirty-six (36) inches in height. e. All stairs and steps shall have a riser height of not more than eight (8) inches and a tread width of not less than nine (9) inches. f. All exterior doors and windows below the second floor of a dwelling shall be equipped with a safe -functioning locking device. g. Effective November 1, 1980: During the por- tion of the year when the housing inspector deems it necessary for protection against the elements and cold, every door, opening directly from a dwelling unit or rooming unit to out- door space, shall have supplied storm doors with a self-closing device; and every window or other device with openings to the outdoor space shall likewise be supplied with storm windows, except where such other device for protection against the elements and cold is provided such as insulating glass and insulated • metal exterior doors. Exception: Dwellings designated by official action of the city council as having special historical or architectural significance shall be exempted from the above door/window re- quirements. h. No existing fire escape shall be deemed a suf- ficient means of egress unless it is in com- pliance with the Building and Fire Codes of Iowa City. (3) In basement units where one means of egress is a window, such window shall open directly to the street or yard, shall be at least twelve (12) square feet in area clear of sash frame and shall open readily. (Ord. No. 78-2891, § II, 5-9-78; Ord. No. 79-2953, §§ 2(2)—(5), 5-8-79; Ord. No. 79-2972, §§ 2(2), (3), 9-18-79; Ord. No. 79-2977, §§ 2(1)— (3), 10-30-79; Ord. No. 79-2978, § 2, 11-6-79) Supp. No. 4 1164 • HOUSING 117-5 • Sec. 17-5. Minimum standards for lighting, ventilation, and heating. No person shall occupy as owner -occupant, or let to an- other for occupancy, any dwelling unit, or portion thereof, for the purpose of living therein, which does not comply with the following requirements: (a) Minimum rear yard requirements. Every single- and two-family dwelling shall have a rear yard which is a minimum of ten (10) feet deep for structures one story in height, plus two (2) feet for each additional story. c: Supp. No. 4 • 1164.1 a zs • HOUSING §'17-6 heating units with plenum shall have a limit con- trol to prevent overheating. (Ord. No. 78-2891, § II, 5-9-78; Ord. No. 79-2953, §§ 2(5)—(7), 5-8-79; Ord. No. 79-2972, § 2(4), 9-18-77) Sec. 17-6. Minimum space, use and location requirements. No person shall occupy as owner -occupant or let to another for occupancy any dwelling or dwelling unit, for the purpose of living, sleeping, cooking or eating therein, which does not comply with the following requirements: (a) Habitable room size. All habitable rooms used for liv- ing, sleeping and eating shall contain at least eighty (80) square feet of floor area and no such room shall be less than seven (7) feet wide. The minimum size for habitable rooms used for food preparation shall be forty (40) square feet in area and a kitchenette may be less than seven (7) feet wide. In all dwellings and in each apartment or group or suite of rooms, there shall be • at least one room containing not less than one hundred twenty (120) square feet of floor area. (b) Floor area per occupant. Every dwelling unit shall contain at least one hundred fifty (150) square feet of floor space for the first occupant thereof and at least one hundred (100) additional square feet of floor space for every additional occupant thereof., (c) Air space in sleeping rooms. In every dwelling unit of two (2) or more rooms, every room occupied for sleep- ing purposes shall contain at least four hundred (400) cubic feet of air space for each occupant twelve (12) years of age or older and at least two hundred (200) cubic feet of air space for each occupant under twelve (12) years of age. (d) Ceiling height. No room hereafter converted or con- structed for habitable purposes in any dwelling shall be in part less than seven (7) feet high from finished floor to finished ceiling; the average height of any Supp. No. 4 • 1169 07,75 $ 17-6 IOWA CITY CODE such room shall not be less than seven (7) feet, six • (6) inches. Any habitable room located directly below a roof in a private or two-family dwelling requires a seven -foot ceiling height in one-half its area, and areas of less than five (ii) feet ceiling height shall not be considered as a part of the required room area. (e) Direct access. Access to each dwelling unit or rooming unit shall not require first entering any other dwelling unit or rooming unit (except that access to rooming units may be through a living room of a unit occupied by the owner -operator of the structure). (f) Basement space may be habitable. No basement space shall be used as a habitable area unless: (1) The floor and walls are of waterproof and damp- proof construction. (2) The total window area in each room is equal to at least the minimum window area sizes as rqeuired in subsections 17-6(e) and (g)(1)a. (3) The ceiling height shall be in accordance with • 17-6(d). (4) There shall be appurtenant to such room the use of a toilet room. (Ord. No. 78-2891, § II, 5-9-78; Ord. No. 79-2962, § 2, 7-17-79; Ord. No. 79-2977, §§ 2(4), (5), 10-30-79) Sec. 17-7. Responsibilities of owners relating to the mainte- nance of dwellings and dwelling units. No person shall occupy as owner -occupant or let to another for occupancy any dwelling unit, or portion thereof, for the purpose of living therein, which does not comply with the fol- lowing requirements: (a) Maintenance of structure. Every foundation, roof, floor, wall, ceiling, stair, step, sidewalk and every window door and other aperture covering shall be maintained in good condition. Supp. No. 4 1.170 • • HOUSING § 17-7 (1)Every door, door hinge, door latch and'door lock shall be in good condition and every door, when closed, shall fit reasonably well within its frame. There shall be no exposed cracks or openings in or around door frame. All windows and exterior doors, and their frames, shall be :constructed and maintained in weatherproof condition. (2) Every doorway providing ingress or egress from any dwelling unit, rooming unit or habitable room shall be at least six (6) feet, four (4) inches high and twenty-four (24) inches wide. All entrance doorways to dwelling units and rooming units shall be equipped with doors which effectively close the doorway. (3) Every interior partition, wall, floor and ceiling shall be capable of affording privacy and main- tained so as to permit them to be kept in a clean and sanitary condition. • (4) Every foundation, exterior wall, exterior door and room shall be reasonably weathertight, watertight, rodentproof and inseetproof. (b) Rainwater drainage. All eaves, troughs, downspouts and other roof drainage equipment of the dwelling and its accessory structures shall be maintained in a good state of repair and so installed as to direct rainwater away from the structure. (c) Chimneys and smokepipes. Every chimney and every supplied smokepipe shall be adequately supported, rea- sonably clean and maintained in a reasonably good state of repair. (d) Grading, drainage and landscaping of premises: Every premises shall be graded and drained so no stagnant water will accumulate or stand on the premises, and every premises shall be continuously maintained in a sanitary, erosion -free, and dust -free condition by suit- able landscaping with grass, trees, shrubs or other planted ground cover or by paving with asphalt, con - Supp, No, 4 1171 .. ,. ....,,J," o7aS § 17-7 IOWA CITY CODE • crete, or by such other suitable means as shall be ap proved by the housing inspector. Where a premises is occupied or shared by less than three (3) dwelling units, the continued maintenance of the premises in the above condition shall also be the responsibility of the occupants. (e) Protection of exterior wood surface. All exterior wood surfaces of the dwelling and its accessory structures, fences, porches and similar appurtenances shall be reasonably protected from the elements and against decay by paint or other approved protective coating. (f) Electrical system. The electrical system of every dwell- ing shall not by reason of overloading, dilapidation, lack of insulation or improper fusing or for any other cause expose the occupants_ to hazards of electrical shock or to the hazards of fire. (1) Every habitable_ room shall be equipped with at least one wall -mounted electrical switch . located • within three (3) feet of the room entrance and which activates an illuminary within the room. (2) Every habitable room shall contain at least two (2) separate floor- or wall -type electric double con- venience outlets which shall be situated a distance apart equivalent to at least twenty-five (25) per cent of the perimeter of the room; and every toilet room, bathroom, laundry room, furnace room and public hall shall contain at least one supplied ceil- ing or wall type electric light fixture. Every such outlet and fixture shall be properly installed and shall be maintained in good and safe working condition. (g) Maintenance of gas appliances and facilities. (1) Every gas appliance shall be connected to a gas line with solid metal piping except that listed metal appliance connectors or semi-rigid tubing may be used if approved by the housing inspector. Supp. No. 4 1172 • • HOUSING $ 17-7 (2) Every gas pipe shall be sound and tightly put ta- gether and shall be free of leaks, corrosion or ob- struction so as to reduce gas pressure or volume. (3) Gas pressure shall be adequate to permit a proper flow of gas from all open gas valves at all times. (h) Maintenance of supplied plumb*19 fixtures. Every sup- plied plumbing fixture and water and waste pipe shall be properly installed and maintained in good, sanitary working condition. (1) All plumbing hereafter installed or replaced shall be so designed and installed as to prevent con- tamination of the water supply through back flow, back siphonage, cross connection and any other method of contamination. (2) Water pressure shall be adequate to permit a proper flow of water from all open outlets at all tunes. • (i) Surfaces impervious to water. Every toilet room floor surface, bathroom floor surface and kitchen floor sur- face shall be constructed and maintained so as to be reasonably impervious to water and so as to permit such floor to be easily kept in a clean and sanitary condition. (j) Supplied facilities. No owner or operator shall cause any surface, facility, equipment or utility which is required to be supplied under the provisions of the housing code to be removed from or shut off from or discontinued for any occupied dwelling or dwelling unit let or occu- pied by him, except for such temporary interruption as may be necessary while actual repairs, replacements or alterations are being made. (k) Covered cisterns. All cisterns or similar water storage facilities shall be fenced, safely covered or filled in such a way as not to create a hazard to life or limb. (1) Sealed passages. All pipe passages, chutes and similar openings through walls or floors shall be adequately • Supp. No. 4 1173 a0 -S § 17-7 IOWA CITY CODE enclosed or'sealed to prevent the spread of fire or pas- sage of vermin. (m) Pest extermination. Every owner of a dwelling con- taining two (2) or more dwelling units shall be respon- sible for the extermination of insects, rodents or other pests on the premises. Whenever infestation exists in two (2) or more of the dwelling units of any dwelling, or in the shared or public parts of any dwelling con- taining two (2) or more dwelling units, extermination thereof shall be the responsibility of the owner. (n) Prohibited animals. No horse, cow, calf, swine, sheep, goat, chickens, geese or ducks shall be kept in any dwelling or part thereof. Nor shall any such animal be kept on the same lot or premises with a dwelling except under such conditions as may be prescribed by the housing inspector. (o) Owner to let clean units. No owner shall permit occu- pancy of any vacant dwelling unit or rooming unit unless it is clean, sanitary and fit for human occupancy. (p) Maintains public areas. Every owner of a dwelling con- taining two (2) or more dwelling units shall be respon- sible for maintaining in a safe and sanitary condition the shared or public areas of the dwelling and premises thereof. (q) Maintenance of fences. Every fence shall be kept in a reasonably good state of maintenance and repair or shall be removed. (r) Maintenance of aceessonj structures. Every foundation, exterior wall, roof, window, exterior door, basement hatchway and every other entranceway of every ac- cessory structure shall be so maintained as to prevent the structure from becoming a harborage of rats and shall be kept in a reasonably good state of repair. (Ord. No. 78-2891, § II, 5-9-78; Ord. No. 79-2953, §§ 2(8)=(10), 5-8-79; Ord. No. 79-2977, §§ 2(6), (7), 10-30-79) Supp. No. 4 1174 • C: C7 • HOUSING § 17-8 Sec. 17-8. Responsibility of occupants relating to the mainte- nance of dwellings and rooming units. (a) Occupant responsible for controlled area. Every occu- pant of a dwelling or dwelling unit shall keep in a clean, safe and sanitary condition that part of the dwelling, dwelling unit and premises thereof he/she occupies and controls. (1) The floor and floor covering shall be kept reasonably clean and sanitary. (2) Every wall and ceiling shall be reasonably clean and free of dirt or greasy film. (3) No dwelling or the premises thereof shall be used for the storage or handling of refuse. (b) Plumbing fixtures. The occupants of a dwelling unit shall keep all supplied plumbing fixtures therein in a clean and sanitary condition and shall be responsible for the exercise of reasonable care in the use and operation thereof. 40(c) Extermination of pests. Every occupant of a dwelling containing a single dwelling unit shall be responsible for the extermination of any insects, rodents or other pests therein or on the premises; and every occupant of a dwelling contain- ing more than one dwelling unit shall be responsible for such extermination within the unit occupied by him/her whenever said dwelling unit is the only one infested. Notwithstanding, • Supp. No. 4 1174.1 a.?,5 • Chapter 28 PLUMBING* Art. L In General, §§ 28-1-28-17 Art. II. Administration and Enforcement, §§ 28-18-28-32 Art. III. Licenses and Permits, §§ 28-33-28-48 ARTICLE I. IN GENERAL Sec. 28-1. Definitions. The following terms are defined [for the purposes of this chapter]: (a) Master plumber. The term "master plumber" means any person who undertakes or offers to undertake to plan for, lay out, supervise and do plumbing for a fixed sum, fee or other compensation. (b) Journeyman plumber. The term "journeyman plumber" means any licensed person who labors at the trade of plumbing • as an employee. (Ord. No. 77-2874, § 4, 12-20-77) Cross reference—Rules of construction and definitions generally, § 1-2. Sec. 28-2. Code—Adopted. Subject to the following amendments, the 1976 Edition of the Uniform Plumbing Code is hereby adopted. (Ord. No. 77-2874, § 2,12-20-77) Cross references Buliding code, Ch. 8, Art. II; code for abatement of dangerous buildings, § 8-31; mechanical codes adopted, § 8-44; electrical code adopted, § 11-5. State law reference—Authority to adopt technical codes by reference, I.C.A. § 380.10. *FAitor's note—Ord. No. 77-2874, § 30, enacted Dm 20, 1977, repealed Ord. No. 74-2710, §§ 2-27, enacted April 4, 1974, from which Ch. 28 in its entirety was derived. Sections 2-28 of Ord. No. 77-2874 con. tained provisions which the editors have codified as a new Ch. 28, Section 29 provides the copies of that plumbing code may be found in the city clerk's office. Cress references -Buildings and building regulations, Ch. 8; eleo• trical regulations, Ch. 11; fire prevention and protection, Ch. 12; hous- ing, Ch. 17; mobile homes and mobile home parks, Ch. 22; planning, Ch. 27; subdivision regulations, Ch. 32; zoning regulations, App. A. • Supp. No. 4 1908 § 25-3 IOWA CITY CODE • Sec. 28-3. Same—Amendments. [The code adopted by section 28-2 of this chapter is hereby amended as follows] : (1) Part 1, Administration, is deleted. (2) Section 310(c) is deleted. (3) Section 401 is amended to read as follows: No PVS or ABS shall be used under the floor. (4) Section 409 is amended by addition of the following: The requirements of Section 409 (a) shall apply only when it is determined necessary by the administrative authority or the engineers of the governing body, based on local con- ditions. (5) Section 505(d) is amended by adding the following: The vent through the roof shall not be less than two (2) inches in diameter. (6) Section 506(x) is amended to read: • Each vent pipe or stack shall extend through its flashing and shall terminate vertically not less than one foot above the roof and not less than one foot from any vertical sur- face. (7) Section 608 is amended as follows: After the word "machine" in the last paragraph sub- stitute a comma for the period and add "or by looping the discharge line of the dishwasher as high as possible near the flood level of the kitchen sink." (8) Table 7-1 is hereby amended by deleting the trap to vent distances and substituting the following: Distance Trap Trap Arm to Vent in Feet 11/,, 5 11/2 6 2 8 3 12 4 and larger 12 Supp. No. 4 1904 • STREETS, SIDEWALKS, PUBLIC PLACES § 31-119 • Sec. 31-109. Same—Conformance required. Permanent sidewalks shall be constructed, reconstructed and repaired in accordance with the plans and specifications there- for of the city engineer, approved by the city council, and filed in the office of the city clerk, as provided in section 31-108. (Code 1966, § 9.60.5A; Ord. No. 2528)' Sec. 31-110. Permit. (a) No person other than those employed by, or under contract with the city, shall construct any permanent sidewalk within the city without first having obtained a permit from he city engineer to do so. (b) The application therefor shall be in writing and shall designate the lots or parcels of land in front of which the side- walk is to be built, and the name or names of the owners there- of, and no permit shall be issued by the city engineer if, in his judgment, it is not advisable to do so, and no permit so issued • shall be valid for a period of more than thirty (30) days. (Code 1966, § 9.60.5B; Ord. No. 2528) Cross reference—Licenses and miseellaneous business regulations, Ch. 21. Sec. 31-111. Order to construct or repair. The council may order the construction of permanent side- walks upon any street, alley, public ground or way in ac- cordance with state law governing special assessment for public improvements. (Code 1966, § 9.60.513; Ord. No. 2528) State law reference—Authority, I.C.A. § 364.12(2)(d). Sec. 31-112. Repairs generally. The repair, replacement or reconstruction of a permanent sidewalk shall be under the direction of the city engineer, and may be ordered pursuant to chapter 364 of the Code of Iowa (Code 1960, § 9.60.5L; Ord. No. 2528) Secs. 31-113-31-119. Reserved. Supp. No. 4 • 2139 aaS § 31-120 IOWA CITY CODE • DIVISION 3. ICE AND SNOW REMOVAL* Sec. 31-120. Removal required. No owner, tenant, or person in charge of property shall al- low snow or ice accumulations to remain upon abutting side- walks for more than twenty-four (24) hours. (Code 1966, § 4.26.1; Ord. No. 2550) Sec. 31-121. Removal by city. (a) Snow or ice accumulations which have remained on any sidewalk in the city for a period of twenty-four (24) hours may be removed by the city without notice to the owner, tenant or person in charge of property abutting such sidewalk. (b) The expense thereof, as to the actual amount, Shall be certified to the city council and assessed against the abut- ting property by resolution of such council and the assess- ment certified by the city clerk to the county auditor for collection. • (c) The removal of the snow or ice accumulations by the city shall not operate as a waiver of the right of the city of enforcing obedience to its ordinances for removal of ice and snow, by fine or by imprisonment, pursuant to the laws of the state. (Code 1966, § 4.26.2; Ord. No. 2550; Ord. No. 79-2979, § 2, 11-6-79) Sec. 31-122. Notice to owner not to extend time for removal. Any notice as to removal of snow or ice by the city to any owner, tenant or person in charge of property shall not extend the time period for removal or the removal by the city or of the assessment of costs thereof or commission of the offense as specified in this division. (Code 1966, § 4.26.3; Ord. No. 2550, Ord. No. 79-2979, § 2, 11-6-79) *Cross references—Snow removal in City Plaza, § 9.1-7(g); parking during snow emergencies, § 23-295 et seq. State law reference—Owner responsible for, I.C.A. § 364.12(2)(b). Supp. No. 4 2140 • • STREETS, SIDEWALKS, PUBLIC PLACES § 31-133 Sec. 31-123. Director's rule-making authority. The director may make, amend, revoke and enforce reason- able and necessary rules and regulations, governing but not limited to special snow removal services for the elderly and handicapped; a copy of any and all rules and regulations issued under the provision of this section shall be filed in the office of the city clerk and shall be available for in- spection during normal business hours. (Ord. No. 79-2979, § 2, 11-6-79) Secs. 31-124-31-133. Reserved. • Supp. No. 4 • 2140.1 • APPENDIX A—ZONING § 8.10.35.11 related information about the business being conducted on the premises. These signs may also include infor- mation relative to the acceptance of credit cards or bank cards. (Ord. No. 74-2738, § II(N), 10-29-74) a07s 7. One (1) identification or advertising facia sign not to exceed sixty-five (65) per cent of the maximum square footage for facia signs in the CBS Zone shall be per- mitted in those instances where a commercial business shall have frontage on two (2) intersecting streets. This facia sign shall not be located on the same building face as that on which a facia sign, as permitted in paragraph B.1 above, is located. (Ord. No. 79-2975, § 2, 10-9-79) C. Special requirements. 1. All facia signs shall project no more than one (1) foot from the building and shall not extend above the roof line. • 2. Monument signs are prohibited in this Zone. All under - canopy signs shall not exceed a maximum dimension of six (6) feet and/or in any case more than seventy- five (75) per cent of the width of the canopy to which it is attached. No portion of said sign shall be less than ten (10) feet above grade level. 3. All directory signs shall not exceed four (4) square feet in area and no dimension of said sign shall exceed two and one-half (21/2) feet. 4. No roof signs, off -premises signs or billboards shall be permitted in the central business service district zone. 5. No temporary painted, cardboard, plastic, paper or similar material signs shall be permitted to be attached to any window or outside wall in the central business service district zone. (Ord. No. 73-2683, § XII, 8-25-73; Ord. No. 74-2744, § II, 11-12-74) Supp. No. 4 • 2676 a07s § 6.10.35.12 IOWA CITY CODE • &10.35.12 Ml, M2 and ORP Zone regulations. A. General requirements. 1. No sign shall be erected within fifty (50) feet of residential districts which abut Ml, M2 and ORP Zones. In all instances as described above, all permitted sign- age shall be bound by all regulations and requirements of signage used in C1 Zones. (Ord. No. 74-2724, § II, 6-18-74) 2. In the event that five (5) or more uses or buildings are contiguous, and individual facia signs as listed below in section (B) (1) (a) are erected, a common major sign of the type permitted in section (B) (1) (b) or (B) (1) (c) may be permitted provided, however, that the fol- lowing conditions are met. a. The area of the common sign shall not exceed one hundred seventy-five (175) square feet. b. The area of the common sign shall be deducted from the total maximum permitted sign area for • all of the individual facia signs, and c. The area of the common sign shall be deducted an equal amount from the maximum permitted sign area for each individual facia sign. (Ord. No. 79- 2960, § 2B, 7-379) B. Permitted signs. 1. No more than one (1) of the following signs (a, b, or c) shall be permitted. a. One (1) on -premises identification and/or adver- tising facia sign shall be allowed provided it does not exceed twenty (20) per cent of the area of the front wall of the building. If the building is higher than one story, and the business occupies more than one story, then the maximum size signage per- mitted shall be determined by using twenty (20) per cent of the area of the face (or front wall) of Supp. No. 4 2576 • C • • APPENDIX A—ZONING § 8.10.35.12 the building that is occupied by the business. Said sign may be non -illuminated or internally or ex- ternally lighted with a non -flashing light source. b. One (1) on -premises identification monument sign not to exceed one (1) square foot per lineal foot of building frontage up to a maximum total signage of seventy-five (75) square feet. In those instances where building frontage shall exceed one hundred fifty (150) lineal feet, one-half (1/2) square foot per lineal foot of building frontage with a maxi- mum total signage of one hundred fifty (150) square feet. o. One (1) on -premises identification free-standing sign per occupant not to exceed one (1) square foot per lineal foot of building frontage and not to exceed fifty (50) square feet per sign face shall be permitted. Said sign shall consist of not more than two (2) faces, said faces to be parallel or to form not more than forty-five degree (45) angle with each other and may be nonilluminated or internally or externally lighted with a nonflashing light source. Supp. No. 4 2576.1 .?RJ a0?5 CODE COMPARATIVE TABLE • Section Ord. No. Adpt. Date Section this Code 79-2961 7-17-79 1-3 2-206 79-2962 7-17-79 2 17-6(d) 79-2963 7-31-79 2(a) 23-1 2(b) 23-235(18),(19) 2(c) 23-166 79-2964 8-28-79 2A App. A, § 8.10.3 A 2b, 22a 51a, 51b 2B App. A, § 8.10.3 A 60 2C -2H App. A, § 8.10.40.4- 8.10.40.9 3 Rpld App. A, § 8.10.40.4 —8.10.40.16 79-2966 8-28-79 2A App. A, § 8.10.3 A 49a 2B App. A, § 8.10.26 B2 79-2967 9-11-79 2 11-41 79-2968 9-11-79 IA, B 31-30(a)(1),(2) 1C 31-30(a)(5) 79-2969 9-18-79 2 32-54 (c) (2) (d) 79-2970 9-18-79 2 8-17(13.1) 79-2971 9-18-79 1 15-62(f) 79-2972 9-18-79 2(1) 17-2 • 2(2) 17-4 (n)(1)(a)(2) )( 2(3) 17-4 (n) (2) (g) 2(4) 17-5(c) 79-2973 9-25-79 2 Rpld 5-24 79-2975 10- 9-79 1 App. A, § 8.10.35.11 B7 79-2977 10-30-79 2(1)—(3) 17-4(m) (2) b—d 2(4),(5) 17-6(d), (f) (3) 2(6),(7) 17-7(f)(1),(h)(1) 79-2978 11- 6-79 2 17-4(m)(2) g 79-2979 11- 6-79 2 31-121-31-123 [The neat page is 29713 Supp. No. 4 • zsss a0?5 Section 24-6(c) 24-6(a) 24-6(d) 24-6(g) 23-296 at seq. 31-120 at seq. 31-3 26-1 et seq. 16-1 et seq. 2-166 26-48 at seq. 34-16 et seq. 24-101 et seq. 1-2 1-2 32-1 et seq. 'V? 2.5 CODE INDE% • SMOKING—Cont'd. Smoking prohibited in certain areas Purpose of provisions Responsibility of proprietors __— Violation not a misdemeanor -- SNOW EMERGENCIES Parking, stopping and standing --- Traffic. See that title SNOW REMOVAL Requirements —_---- ----------- Streets and sidewalks. See that title SNOWBALLS Throwing in streets ___-_____—__— ----------- SOLICITORS Peddlers regulations Peddlers, canvassers and solicitors. See that title SOLID WASTE DISPOSAL Garbage provisions Garbage and trash. See that title Public works department divisions SPECIAL ASSESSMENTS • Ordinances saved from repeal, other provisions not included herein. See the preliminary pages and the adopting ordinance of this code SPORTING EVENTS Group activities in parks ------------ Parks and recreation. See that title SPRAYING OF TREES Tree and forestry regulations --- ------ Forestry. See that title STAGNANT WATER Nuisance abatement regulations _---____—_________-- Nuisances. See that title STAMPS Written, in writing, etc., construed re ____ -- STATE Defined STORM SEWERS Subdivision regulations —_— --- Subdivisions. See that title Supp. No. 4 sols Section 24-6(c) 24-6(a) 24-6(d) 24-6(g) 23-296 at seq. 31-120 at seq. 31-3 26-1 et seq. 16-1 et seq. 2-166 26-48 at seq. 34-16 et seq. 24-101 et seq. 1-2 1-2 32-1 et seq. 'V? 2.5 IOWA CITY CODE STREETS AND SIDEWALKS Section • Animals. See also: Animals and Fowl Driving or riding —_-- 31-6 Other provisions relative to animals. See: Traffic Feeding animals on streets _ 81-6 Broadband telecommunications system Condition of street occupancy 14-85 Franchises. See also that title Cellar door, grating, covering of areaway, etc. Uncovered openings _—_ — 31-7 Coal holes in sidewalks 31-100 Coal holes, stairway entrances, etc. Uncovered openings _------ 31-7 Coasting or sliding down hills, etc. -- 31-2 Similar provisions. See: Traffic Curb cuts Driveway width restrictions _---___ 31-69 Modification of footage requirements _ — 31-61 Permits Hard surfaced driveway prerequisite to 31-71 Required _ -- 31-70 Proximity of driveways to corners and property lines la Curfew regulations -- 31-60 24-23 at seq. Curfew. See that title • Definitions _-___ _ 81-1 Driveways Curb cuts. See hereinabove that subject Excavations ----- __ 31-21 et seq. Electrical franchise rights 14-6 Excavations. See also that title Franchise rights, conditions, etc. See: Franchises. See also specific franchised companies Gas franchise rights --- 14-29 Telephone franchise rights _ -- 14-62 et seq. Felling of trees onto streets Tree and forestry regulations 34-16 et seq. Forestry. See that title Fire zones __—-- _ 8-19 Football, throwing balls, snowballs, missiles, etc. Games in streets — 81-3 Games in streets, playing 31-3 Grades of public ways Height ---_ 31-9 Reference datum — 31-8 Sidewalk grades _ 31-97 Supp. No. 4 3050 • • CODE INDEX STREETS AND SIDEWALKS—Cont'd. Section House moving regulations — 8-68 at seq. House movers. See that title Ice and snow removal Director's rule-making authority _____ 31-123 Notice to owner re time for removal ____ 31-122 Removal by city 31-121 Required — 81-120 Mobile homes, etc. 22-1 at seq. Mobile homes and mobile home parks. See that title Nuisance provisions re offensive or disagreeable sub- stances thrown, left or deposited upon _ 24-101(10) Numbering of buildings —_ 31-83 et seq. House numbering. See that title Obstructions Obstructing street with wood, stone, earth, lumber, etc. ---------- ------------ -- 31-4 Ordinances saved from repeal, other provisions not included herein. See the preliminary pages and the adopting ordinance of this code Parade or procession Defined --------- _— Park regulations—___—_ 81-1 26-1 at seq. • Parks and recreation. See that title Parking in specified places prohibited _ 23-236 et seq. Traffic. See that title Playing games in streets _____ ._ 31-3 Poles and wires. See also that title Franchise grant regulations ___ _.____ 14-1 at seq. Franchises. See that title Prohibited activities in parks, etc. 26-1 Parks and recreation. See that title Public entertainment, defined __— 31-1 Public works department divisions _—�--__ 2-166 Rally or demonstration Defined __ 31-1 Sidewalks Areas and coal holes 81-100 Changes in walks prior to certain date _—_..___ 31-99 Construction and repair 31-108 at seq. Grades ------ 81-97 Ice and snow removal. See within this title that sub- ject Location 31-98 Order to construct or repair 31-111 Supp. No. 4 • $050.1 402so IOWA CITY CODE STREETS AND SIDEWALKS--Contd. Permits Plans and specifications Conformance Submission to council, Repairs in general — Supp. No. 4 approval 3050.2 Section 31-110 31-109 31-108 31-112 • • • RESOLUTION NO. 80-156 RESOLUTION ADOPTING SUPPLEMENT NUMBER FOUR TO THE CODE OF ORDINANCES OF THE CITY OF IOWA CITY, IOWA. WHEREAS, the Municipal Code Corporation has prepared the fourth supplement to the Code of Ordinances of the City of Iowa City, Iowa, and, WHEREAS, it is deemed appropriate to adopt supplement number four by resolution as a part of the said Code of Ordinances, NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That supplement number four to the Code of Ordinances of the City of Iowa City, Iowa, attached to this Resolution as Exhibit A, and by this reference made a part hereof, is hereby officially adopted as a part of the said Code of Ordinances. 2. That the Mayor is hereby authorized to sign, and the City Clerk to attest, this Resolution. It was moved by Neuhauser and seconded by Roberts the Resolution be adopted, and upon rol call there were: AYES: NAYS: ABSENT: X Balmer X Erdahl X Lynch X Neuhauser X Perret X Roberts X Vevera Passed and approved this 29th day of April , 1980. p AYOR ATTEST: (&- CI CLERK Received & Appvoved By The Legal Department �S </ 8� ��sl RESOLUTION NO. 80-157 Resolution authorizing filing of application with the Environmental Protection Agency, United States of America, for a Grant under the Water Pollution Control Act, (33 U.S.C. 1251 et seq.). WHEREAS, under the terms of the Water Pollution Control Act (33 U.S.C. 1251 et seq.), the United States of America has authorized the making of grants to authorized applicants to aid in the construction of specific public projects, and WHEREAS, the City Council of the City of Iowa City has the legal authority to apply for the grant and to finance, construct and operate the proposed facility, and WHEREAS, the City Council of the City of Iowa City desires that the City Manager, Neal G. Berlin, be authorized to make application for a grant under the Water Pollution Control Act. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, 1. That the Mayor and City Clerk of the City of Iowa City, are hereby authorized to execute this Resolution, and 2. That Neal G. Berlin, City Manager, is hereby authorized to execute and file an application on behalf of the City of Iowa City, Iowa, with the United States Government for a grant in aid in the preparation of plans and specifications for the New Water Pollution Control Plant and Outfall Sewer and in the completion of other associated services - Step 2 Grant and he is hereby authorized and directed to furnish such information as the Environmental Protection Agency may reasonably request in connection with such application and to sign all necessary documents and receive payment. It was moved by Roberta and seconded by Vevera that the Resolution be adopted `anT-iiFon roll call there were: AYES: NAYS: ABSENT: X Balmer X Erdahl X Lynch z _ Neuhauser X �.- Perret X Roberts X _ Vevera Passed and approved this 29th i a4 4 Resolution No. 80-157 Page 2 CERTIFICATE OF RECORDING OFFICER The undersigned duly qualified and acting City Clerk of the City of Iowa City, Iowa, does hereby certify; That the attached resolution is a true and correct copy of the resolution authorizing the filing of application with the Environmental Protection Agency, as regularly adopted at a legally convened meeting of the City Council, duly held on the 29th day of _April____, 1980; and, further, that such resolution has been fufly recorded in the journal of proceedings and records in my office. IN WITNESS WHEREOF, I have hereunto set my hand this 29th day of April , 1980. City Cl,#rk ,2-27 City of Iowa UMMOrte+ DAYl: April 29, 1980 TO: Dick Plastino / FROM: Linda N. Woito RE: Application for Federal Assistance - U.S.E.P.A. Upon your request of today, I have done a cursory review of the Application and hereby approve as to form. LNW/ej PART GENERAL INSTRUCTIONS This is a multi-purpose standard form. First, it will be used by applicants as a required facesheet for pre -applications and applications submitted in accordance with OMB Circular A-102. Second, it will be used by Federal agencies to report to clearinghouses on major actions taken on applications reviewed by clearinghouses in accordance with OMB Circular A-95. Third, it will be used by Federal agencies to notify States of grants-in-aid awarded in accordance with Treasury Circular 1082. Fourth, it may be used, on an optional basis, as a notification of intent from applicants to clearinghouses, as an early initial notice that Federal assistance is to be applied for (clearinghouse procedures will govern). APPLICANT PROCEDURES FOR SECTION I Applicant well complete all nems in Section 1. It an item is not applicable, write "NA". 11 additional space is needed, insert an asterisk and use the remarks section on the back of the term. An explanation follows for each Item: Item 1 Mark appropriate box. Pre-appl¢abon and applmabon guidance is in OIAB Circular A-102 and Federal agency program instructions Notification of intent guidance Is in Circular A-95 and procedures from clearinghouse. Appli- cant will not use "Report of Federal Action" box. 2a Applicant's own control number, if desired. 2b. Dale Section I is prepared. 3a. Number assigned by State clearinghouse, or if delegated - by State. by areawide clearinghouse. All requests to Federal agencies must contain this identifier if the pro- gram is covered by Circular A-95 and required by applica- ble Slate/areawide clearinghouse procedures. It In doubt. consult your clearinghouse. 3b. Dale applicant notified of clearinghouse identifier. 4a -4h. Legal name of applicant/recipient. name of primary orga. nizational unit which will undertake the assistance acgv- ily, complete address of applicant. and name and telephone number of person who can provide further information about this request. S. Employer identification number of applicant as assigned by Internal Revenue Service. 6a. Use Catalog of Federal Domestic Assistance number assigned to program under which assistance is request- ed. If more than one program (e.g.. joint-lunding) write .'multiple-' and explain in remarks. If unknown, cite Public Law or U.S. Code. 6b. Program title from Federal Catalog. Abbreviate it neces. sary. 7. Brief title and appropriate description of project. For - notification of intent, continue m remarks section it neces. sary to convey proper description. B. Mostly sell explanatory "City" includes town, township of other municipality. 9. Check the type(s) of assistance requestetl. The de0ni. bons of the terms are. - A. Basic Grant. An original request for Federal funds. This would not include any contribution provided un- der a supplemental grant. B. Supplemental Grant. A request to increase a basic grant in cenam cases where the -eligible applicant cannot supply the required matching share of the basic Federal program (e.g.. grants awardad Dy Cite Appalachian Regional Commission to provide the applicant a matching share). C. Loan. Sell explanatory. D. Insurance Self explanatory E. Other. Explain on remarks page. EPA Furm 5700-32 (P.xv. 10-79) Item 10. Governmental unit where significant and meaningful im. pact could be observed. List only largest unit or units affected. such as Stale, county, or city. If entire unit affected, list it rather than subunits. 11 Estimated number of persons directly benefiting from project. 12. Use appropriate code letter. Definitions are: A. New. A submittal for the first time for a new project. B. Renewal. An extension for an additional funding/ budget period for a project having no projecl;d com. pletion date. but for which Federal support must be renewed each year. C. Revision. A modification to project nature or scope which may result in funding change (increase or de. crease). D. Continuation. An extension for an additional funding/ budget period for a project the agency initially agreed to fund for a definite number of years. E. Augmentation A requirement for additional funds for a project previously awarded funds In the same funding/ budget period. Project nature and scope unchanged. 13 Amount requested or to be contributed during the first funding/budget period by each contributor. Value of In. kind contributions will be included it the action is ■ change in dollar amount of an existing grant (a revision or augmentation). Indicate only the amount of the change For decreases enclose the amount in parentheses. 11 both basic and supplemental amounts are Included, break out in remarks. For multiple program funding, use totals and she. program breakouls In remarks. Item definitions 13a, amount requested from Federal Govern- ment, 13b, amount applicant will contribute, 13c. amount from Slate, it applicant is nol a Stale, 13d. amount from local government, if applicant is not a local government: 13e, amount from any other sources, explain in remarks. 14a Sell exPanatory. 14b. The district(s) where most of actual work will be accom- plished If city-wide or Slate-witle, coveting several dis- tricts, write "city-wide" or "Slate -wide." 15. Complete only for revisions (item 12c), or augmentations (Item 12e). 16. Approximate dale project expected to begin (usually as- soualed with estimated date of availability of funding). 17. Estimated number of months to complete project after Federal funds are available. 16. Estimated dale pre applicalion/application will be submit. ted to Federal agency it this project requires clearing. house review If review not required, thus date would usually be same as dale in Item 2b. 1TAMDAAD xMY 424 PAW x IRw 4-771 PAGE 4 O 1: ,aa I U.S. ENVIRONMENTAL PROTECTIO =NCY APPLICATION FOR FEDERAL ASSISTANCE Form Approved (Construction Grants or Cooperative Agreements). 0,6fR No. 153-R0134 General Instructions Note: This application may be used to Tequest financial assistance for either a grant or cooperative agreement Where the term, "grant" is used the teem "cooperative agreement" may be used interchangeably. In completing this form, CAREFULLY READ AND FOLLOW ALL INSTRUCTIONS. Many items are not self- explanatory. An incomplete or incorrectly completed appli- cation form may delay consideration of your application. 1. Use of this Application—This application form is to be used for EPA grant program 66.418, Construction Grants for Wastewater Treatment Works and for all land acquisition or land development projects. Also, this form shall be used to request supplemental assistance, propose changes or amend- ments to approved grants, and request continuation or refunding for approved grants originally submitted on this form. 2. Submission—Submit the original and two topics of the forms. If an item cannot be answered or does not appear to be related or relevant to the assistance requested, write "NA" for not applicable. When a request is made for supplemental assistance, amendments or changes to an approved grant, submit only those pages which are appropriate. Applications for Construction Grants for Wastewater Treatment Works should be submitted to the appropriate designated State Water Pollution Control Agency. 3. Grant Regulations—Applicants are expected to understand and comply with all EPA grant regulations. These regulations are published in Title 40, Chapter 1, Subchapter B of the Code of Federal Regulations. A copy of these regulations is included in the application kit. 4. Clearinghouse Notification—Office of Management and Budget Circular A-95 requires applicants for certain Federal assistance programs to notify the State and areawide planning and development clearinghouses in the jurisdiction in which the project will be located of their intention to apply for Federal assistance. EPA grant program 66.418, Construction Grants for Wastewater Treatment Works is a program for which such notification is required. Clearinghouses may comment on the proposed project and may solicit comments from other interested parties. All comments made by or through clearinghouses, or a statement that no such comments were received by the applicant, must be attached to the application when it is submitted. Applicants for the above program should contact the appropriate clearinghouses for further information and assist- ance concerning the notification process. an Environmental Impact Statement (EIS) identifying and analyzing in detail the impact of the project on the qual- ity of the environment or permits EPA to issue a ".Finding of No Significant Impact." 6. Relocation Assistance and Real Property Acquisition—The Uniform Relocation Assistance and Real Property Acquisi- tion Policies Act of 1970, P. L. 91-646, provides certain rights and benefits to persons whose land is acquired or who are displaced as the result of a Federal or a federally assisted project. If the project of a State or local agency involves land acquisition or the displacement of any person from his home, business or farm, actions must be taken to assure compliance with the Act. Land must be acquired in accordance with the policies of Title 111 of the Act. Persons to be displaced must be provided decent, safe, sanitary and comparable housing. Procedures for complying with the Act are set forth in Part 4 of Title 40 of the Code of Federal Regulations (40 CFR 4.1 at seq.). No project subject to the Act can be assisted without the actions and assurances required by those regulations. Applicants whose projects involve the acquisition of land or the displacement of people should request a copy of 40 CFR 4.1 at seq. from the office to which this application is submitted. S. Environmental Impact—The National Environmental Policy Act of 1969 requires that all agencies of the Fed- eral Government prepare detailed environmental state— ments on any actions to be taken which significantly affect the quality of the human environment_ -EPA pro- cedures for the preparation of such statements are set forth in Part 6 of Title 40 of the Code of Federal Reg- ulations (40 CFR 6.100 et seq.) As stated in the reg- ulations, EPA requires an environmental information document for projects that are to be supported by EPA grants The responsibilities of the applicant in prepar- ing the environmental information document and in sup- porting and contributing to EPA's preparation of an en- vironmental assessment are set forth in the regulations. The environmental assessment is the decision document prepared by EPA which either determines the need far 7. FLOOD INSURANCE—The Flood Disaster Protection Act of 1973 (P.L. 93-234) requires grantees, as a condition of receiving any form of Federal assistance for acquisition or construction purposes (including real and nonexpendable personal property) in an identified special flood area, to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more. Special flood hazard areas are identified on Flood Hazard Boundary Maps and Flood Insurance Rate Maps issued by the Depart- ment of Housing and Urban Development. Communities have one year after notification of identification as a flood -prone community to enter the flood insurance program or no grant assistance may be awarded for property in the flood hazard area. Specific requirements pertaining to the flood insurance program and to the required grantee purchase of flood insurance are set forth in 40 CFR 30.405-10. B. Completing the Application: a. This application consists of 5 parts: General Informa- tion on Part I, Project Approval Information on Part II, Budget Information on Part III, Program Narrative on Part IV, and Assurances on Part V. b. All dollar amounts requested in this application should be rounded to the nearest dollar. 9. Project—The term "project" as used in this application form refers to the scope of work for which Federal Assistance is awarded by grant or grant amendment pursuant to 40 CFR Part 35, 10. Pre-Applicztion Assistance—Prior to formal application submission, assistance including, where appropriate, a pre - application conference, may be obtained from the appro- priate EPA regional office and/or State Water Pollution Control Agency. A list of the EPA Regional Offices with their addresses and the area they serve may be found in 40 CFR 30.107, General Grant Regulations and Procedures. EPA Form 5700-32 (Rev 10-79) 1 PREVIOUS EDITIONS ARE OBSOLETE, PAGE 1 OF 19 22 Item Item 19. Existing Federal identification number it this is not a new 20. Indicate Federal agency to which this request is ad - request and directly relates to a previous Federal action dressed. Sheet address not requae . but do use ZIP. Othen ,se wnle "NA". 21, Check appropriate box as to whether Section IV of form contains remarks and/or additional remarks are attached. APPLICANT PROCEDURES FOR SECTION II Applicants wdl always complete dams 23a, 23b, and 23c 1f clearinghouse review is required. item 22b must be fully completed An - explanation lollows for each item. Item Item 22b. List clearinghouses to which submined and show in 23b. Self explanatory. appropriate blDcks the status of their responses For more than three clearinghouses. continue In remarks All comments submitted by or through 23c Sell explanatory. section. written clearinghouses must be anached. 23a_ Name and title of authorized representative of legal NoteApplicant completes only Sections I and It. Section III is applicant. completed by Federal agencies. FEDERAL AGENCY PROCEDURES FOR SECTION III It applicanbsupplled information in Sections I and II needs no updating or adjustment to fit the final Federal action, the Federal agency will complete Section III only. An explanation for each dem follows' Item Item 24. Executive department or mdependenl agency having pro 35. Name and telephone noof agency person who can gram administration responsibility. provide more information regarding this assistance. 36 Dale after which funds will no longer be available. 25. Sell explanatory. 26. Primary organizational unit below department level having 37 Check appropriate box as to whether Section IV of form direct program management responsibility, contains Federal remarks and/or anachmenl of addition- al remarks. 27. Office directly monitoring the program. 38. For use with A-95 action assure only Name atele- 28. Use to identity non -award actions where Federal grant phone of person who can assure Ilial appropriattee -95 idenslter in item 30 is not applicable or will not suffice action has been taken—II same as person shown in item Item 29, Complete address o1 admmstenng office shown in Item 35, write "same". If not applicable, write "NA". 26. 30. Use to identity award actions where different from Feder. Federal Agency Procedures—special considerations al application identifier in item 28. A. Treasury Circular 1082 compliance. Federal agency will assure 31. Self explanatory. Use remarks section to amplify where proper completion of Sections I and III If Section I Is being appropriate completed by Federal agency, all applicable Items must be filled 32. Amount to be contributed during the first funding/budget m. Addresses of Stale Information Reception Agencies (SCIRA's) are provided by Treasury Department to each agency. period by each contributor. Value of unkind contributions This form replaces SF 240, which will no longer be used. will be included. If the action Is a change in dollar amount of an existing grant (a revision or augmentation), B OMB Circular A-95 comp9ance Federal agency will assure indicate only the amount of change. For decreases. proper completion of Sections I. H. and III. This form is required enclose the amount In parentheses. 11 both basic and for notifying all reviewing clearinghouses of major actions on all supplemental amounts are included. break out in remarks programs reviewed under A-95. Addresses of Stale and For multiple program funding, use totals and show pro. areawide clearinghouses are provided by OMB to each agency. gram breakouts in remarks. Item definitions. 32a, amount Substantive differences between applicant's request and/or awarded by Federal Government. 32b. amount applicant clearinghouse recommendations. and the project as finally will contribute. 32c, amount from Slateijf applicant Is not awarded will be explained In A-95 notifications to clearing a Stale. 32d. amount from local government if applicant is houses. not a local government. 32e, amount from any other C. Spenalnole In most, but not all States. the A-95 State clearing. sources. explain m remarks. house and the (TC 1082) SCIRA are the same office. In such cases, the A-95 award notice to the Stale clearinghouse will 33. Date action was taken on this request fulfill the TC 1082 award notice requirement to the Slate SCIRA. 34. Date funds will become available. Duplicate noldicalon should be avoided. EPA F orm 57 STANDARD Fp M xxx PIG[ 1 IRw x-rrl PAut D v r AIR PART II PROJECT APPROVAL INFORMATION Form Appro&,ed SECTION A OMB No. /.58-R 0134 Item 1. Does this assistance request require State, local, regional, or other priority rating? X Yes No Iowa Department of Name of Governing Body Environmental Qua i ty Priority Rating 21.67 Item z. Iowa Department of Does this assistance request require State, or local Name of Agency or Environmental Quality advisory, educational or health clearances? Board X YesNo (Attach Documentation) Item 3. Does this assistance request require clearinghouse review in accordance with OMB Circular A-957 X YesNo Item 4. Does this assistance request require State, local, regional or other planning approval? X–Yes—No Johnson County Regional (Attach Comments) Planning Commission East Central Iowa Assn of Regional Planning Commissions State Office for Name of Approving Agency Planning and Programming Date Item 5. Is the proposed project covered by an approved Check one: State ❑ comprehensive plan? Local Ex X Regional El YesNo Location of olan Item 6. Will the assistance requested serve a Federal installation? x _Yes _No Item 7. Will the assistance requested be on Federal land or installation? Yes X No Name of Federal Installation Veterans Hospital Federal Population benefiting from Project -- Name of Federal Installation Location of Federal Land Percent of Project Item 8. Will the assistance requested have an impact or effect See instruction for additional information to be on the environment? provided. Yes X No Item 9. Has the project for which assistance is requested caused, since January 1, 1971, or will it cause, the displacement of any individual, family, business, or farm? Yes X No Item 10. Is there other related Federal assistance on this project previous, pending, or anticipated? X v. Item 11. Is project in a designated flood hazard area? Yes X No Number of: Individuals- Families- Businesses- Farms ndividualsFamiliesBusinessesFarms See instructions for additional information to be provided. Step 1 Grant - Facility Plan EPA Form 5700-32 (P,ev. 10-79) PAGE 6 OF f a�� INSTRUCTIONS PART II — SECTION A Negative answers will not require an explanation unless the Federal agency requests more information at a later date. Provide supplementary data for all "Yes" answers in the space provided in accordance with the following instructions. Item 1 — Provide the name of the governing body establishing the priority system and the priority rating assigned to this project. Item 2 — Provide the name of the agency or board which issued the clearance and attach the documentation of status or approval. Item 3 — Attach the clearinghouse comments for the application in accordance with the instructions contained in Office of Management and Budget Circular No. A-95. If comments were submitted previously with a preapplication, do not submit them again but any additional comments received from the clearing. house should be submitted with this application. Item 4 — Furnish the name of the approving agency and the approval date. Item 5—Show whether the approved comprehensive plan is State, local or regional, or if none of these, explain the scope of the plan. Give the location where the approved plan is available for examination and state whether this project is in conformance with the plan. EPA Ferm 5700-32 (Rev. 10-79)' Form Approved OMD No. 158-R0134 Item 6 — Show the Federal population residing or working on the federal installation who will benefit from this project. Item 7 — Show the percentage of the project work that will be conducted on federally owned or leased land. Give the name of the Federal installation and its location. Item 8 — Briefly describe the possible beneficial and/or harmful impact on the environment because of the proposed project. If an adverse environmental impact is anticipated, explain what action will be taken to minimize the impact. Federal agencies will provide separate instructions if additional data is needed. Item 9 — State the number of individuals, families, businesses, or farms this project will displace. Federal agencies will provide separate instructions if additional data is needed. Item 10—Show the Federal Domestic Assistance Catalog number, the program name, the type of assistance, the status and amount of each project where there is related previous. pending, or anticipated assistance. Use additional sheets, if needed. Item 11—Flood Insurance—Check "Yes' if project or any nonex. pendable property is to be located in a special flood hazard area designated by the Department of Housing and Urban Develop- ment. If the answer is "Yes' the grantee must purchase the required flood insurance if required pursuant to Item 7 of the General Instructions to this application. PAGE 7 OF 19 PART 1 CONSTRUCTION GRANTS OR COOPERATIV•: AGREEMENTS OMe AyprM.I ro eo-nD,ao .. NUMIAR 3. STATE FEDERAL ASSISTANCE 2''uCAS CATION APPU. b. DATEIDENTI. b. DATE year mwrh lay 1. TYPE 0 PREAPPLICATION rA day FIER ASSIGNED CATIONYm' APPLICATION If 80 Apr 2 ,. ACTION /Mani ry- 0 NOTIFICATION OF INTENT [OPM L,, , 0REPORT OF FEDERAL ACTION Be"A 1'�O1f S. FEDERAL EMPLOYER IDENTIFICATION NO. A. LEGAL APPUCAHT/RECIPIENT R. Ah-�'INr r City of Iowa City .D.a.-.,w City 6. .. s«..r/P.o. R.. Civic Center, 410 East Washington "0 -16161•1411L8� 0 -ILC" IL C"Iowa City • r Johnson GMM `.T"" Construction Grants for Iowa .nFC. 52240 FarAl Wastewater Treatment C.n.nF .nINamr Neal G. Berlin 319-354-1800 Car.lq 3 drr'Nal Works "r 7. TITLE AND DESCRIPTION OF APP'UCANT'S ROIECY A. TYPE OF APPUCANT/RECIPIENT y u New Water Pollution Control Plant and A- f-wr Iti r�---+n Aad• Ara, C- C peri/Yl: New Outfall Sewer Plans and Specifications (Step 2 Grant) o- ^•- EnrerapprtpwrrkI., 9. TYPE OF ASSISTANCE A- Ra.:. G..n1 R- S.Po.^ G•an, e- O+A.. Enrrr apprn A Inrrrryl $ C- Ian prem 5P 10. AREA Of PROJECT IMPAR (N1m o/ririra mvnrin 1 L ESTIMATED NUM- 12. TYPE Of APPLICATION Iowa City Sal A rrr.l Uni versi t BER OF Pf'SONS A- N- C- R.rhbn y BENEFITING R- R -W D- C��•n Enrr. app rp are lrnerLi Heights, Johnson Count Iowa 13. PROPOSED FUNDING 1A. CONGRESSIONAL DISTRICTS OF, 13. TYPE OF CHANGE )For 1) r.r /] rl - �� F- ox..r lsperi/y1: FEDERAL E 1 537 500 .m •. APPIF ' b. rxO}eR � I-- b. AVAICANT 410 000 .aD First First C- ""•r• D�•^•• D- D.or.v Dvralvn r. STATE 10'2 50 -W 16. STMT 17. PROSECT [- Co-olbri.n Enrr. apps (� CAT CAT rA 6-" d y D ON Monl/u prion /n¢rGl [�-,.J 0 pDr( d. LOCM .00 1POU 1B. ESTIMATED DATE TO Y.or monrA day 19. EXISTING FEDERAL IDENTIFICATION NUMBER • OTNFR DD TTED TO FEDFMLI 80 C190830 I. TOTAL E 2 050 0 .oD AGENCY a 20. FEDERAL AGENCY TO RECEIVE REQUEST lNamr. Ciry. Smrr. LP rade) 21. REMARKS ADDED EPA Reoion VII Kansa v 64108 0Ye �"• }y 22. .. Tr ,A. L..1 .I ., Lw..1.dR. .�.d bwi.l. b. N r.pr:..l 61 DMR Grub. A-93 r,.r a.pl+ar.wr mor ..b.�n.d. purrw�n r. No m- Rrspo+ur •1. ,parer RnarArd C TH[ d.,r in Nor M•aPNmr:•n/wv�rvr:•n w.m.rf�..n Mwdn. I. oaP•sra• d.orinai.w... •.d .II r•rw^r..... .n ,.ur e.d on.r,, Iln dwv�.nr M 6, Nw State OPP O .•--�'. n/ CERTIFIES 121 Johnson Co. Re Plannin omm. g , e -.e M...d.... . u Pl n[Comm 10 qTHAT. I,R....:.r.n<.b..P....+. 131 East Cent 1 _ 23, •. TMD NAME AND TITLE b. BE c ATE SIGNED rear maple lay CERnFYING Neal G, B�rlin IP 29 REPRE- Authorize Re presentative 19 S,NTATTVE 2S. YNrr manrA doy 2A. AGENCY NAME VONAPPU TION RECEIVED if 26. ORGANRA710HAL UNIT 27. ADMINISTRATIVE OFFICE 29. FEDERAL APPLICATION IDENTIFICATION 30. FEDERAL GRAN GRANT 29. ADDRESS IDENTIFICATION Ywr mwlA doy 31. Year m.nrA day 31. ACTION TAKEN 32. FUNDING STARTING 33. ACTION DATE P- 19 DATE 11 ., NDfRM S ^ .00 0 .. AWARDED 33. CONTACT FOR ADDITIONAL INFORMA- ❑ b. REJECTED S- APP1KANf ,Dp TION (h'amr and nlrpAur nRmhd ENDING A STATE .00 01, RETURNED FOR DATE it 37. REMARKS ADDED d. LOCAL ,0D AMENDMENT s Q 0 d. DEFERRED 0Y_ OW E, DINER .DD FY 0 R. WITHDRAWN ,, TOTM- 36 .. V M R .Lwr N n, .. a-- n e • d F . d • bR ^ b. AGENCY w-13 A Omb OMR A'a1rlrpAau nal) (ND,RMamr ne PEDERAI AGENCY Cale A -PS, h b, L..n e h i�..J.. A-95 ACTION A}r-ID} {TAMDARD FD r}r PAGE, 11Rr+ r 771 OMR C'n."A-ID} *� c D nr 19 E F'A Foim 5700-32 (R.v- 10-79) Form Approved OA1R No. 158-R 0134 PART II – SECTION B 11. SITES AND IMPROVEMENTS: Not required, Attached as exhibits Applicant intends to acquire the site through: If required Eminent domain, X Negotiated purchase, Other means (specify) 12. TITLE OR OTHER INTEREST IN THE SITE IS OR WILL BE VESTED IN: X Applicant, Agency or institution operating the facility, Other (specify 13. INDICATE WHETHER APPLICANT/OPERATOR HAS: N/A Fee simple title, Leasehold interest, Other (specify) 14. IF APPLICANT/OPERATOR HAS LEASEHOLD INTEREST, GIVE THE FOLLOWING INFORMATION: a. Length of lease or other estate interest , and number of years to ru b. Is lease renewable? Yes No N/A c. Current appraised value of land S d. Annual rental rate S 15. ATTACH AN OPINION FROM ACCEPTABLE TITLE COUNSEL DESCRIBING THE INTEREST APPLICANT OPERATOR HAS IN THE SITE AND CERTIFYING THAT THE ESTATE OR INTEREST IS LEGAL & VALID 16. OF WHERE APPLICABLE, ATTACH SITE SURVEY -SOIL INVESTIGATION REPORTS AND COPIES LAND APPRAISALS. 17. WHERE APPLICABLE, ATTACH CERTIFICATION FROM ARCHITECT ON THE FEASIBILITY OF IMPROVING EXISTING SITE TOPOGRAPHY. 16. ATTACH PLOT PLAN. 19. CONSTRUCTION SCHEDULE ESTIMATES:—Not required,_ Being prepared, X Attached as exhibits Percentage of completion of drawings and specifications at application date: See FaCI I l ty PI an Schematics– % Preliminary 0 % Final 0 % 20. TARGET DATES FOR: N/A Bid Advertisement Contract Award Construction Completion Occupancy 21. DESCRIPTION OF FACILITY: Not Required X Attached as exhibits Drawings – Attach any drawings which will assist in describing the project. See Facility Plan Specifications – Attach copies of completed outline specifications. [if drawings and specifications have nor been fully completed, please attach copies or working drawings that have been completed.) NOTE: ITEMS ON THIS SHE ETARE SELF-EXPLANATORY; THEREFORE, NO INSTRUCTIONS ARE PROVIDED. PAGE 8 OF 19 E PA Form 5700-33 (R., 10-79)( F, Form Approved OMB No. 138-R 0134 PART III — BUDGET INFORMATION — CONSTRUCTION FICTION A — GENERAL 1. Federal Domestic Assistance Catalog No........... 66.418 2. Functional or Other Breakout ............................ SECTION B — CALCULATION OF FEDERAL GRANT Cost Classification Use only for revisions/augmentation Total Amount Required Latest Approved Amount Adjustment a or (—) 1. Administration expense S S § 2.x)Oxas)skxxJaxoI,x°felimrnary an 3,360 3. IDYeStjgatirins 19,900 4. Architectural engineering basic fees 1 , 791,500 Vat5.)01vex -%&Ya(fxw)6Y&,X'xrxxza�xEng1 neer) n g 126,600 6.)PYc*Amx&)5"m%m User Charge System 3,870 7. kX%tA5 WJM9QXX Sewer Use Ordinance 2,770 e >PexxrXtta� s�n ustria Clist ecover 24 800 9. Relocation payments to Individuals and Businesses 10. xi4mx 6xxd(OFKica(M Frroegtrraematment 27 600 11. Construction and project improvement 12. Equipment 13. Miscellaneous 14. Total (Lines 1 through 13) 2,000,400 15. Estimated Income (if applicable) 16. Net Project Amount (Linc 14 minus 15) 17. Less: Ineligible Exclusions 18. Add: Contingencies 49,600 19. Total Project Amt. (Excluding Rehabilitation Grants) 2,050,000 20. Federal Share requested of Line 19 75% 1,537,500 21. Add Rehabilitation Grants Requested (100 Percent) 22. Total Federal grant requested fLine 20 & 21) 1,537,500 23. Grantee share 20% 410,000 24. Other shares State 5% 102,500 25. Total project (Lines 22,22 & 24)§ S § 2,050,000 EPA Farm 5700_32 (Rev. 10-79) PAGE 9 OF 19 Form ApPravud 041!3 No. 158-0134 INSTRUCTIONS PART 111 developed land under a third party contract. Reduce the costs on this line by the amount of expected proceeds from the sale of Section A. General salvage, it so instructed by the Federal grantor agency. Otherwise, show the proceeds on Line 15. Show the Face,.] Domestic Assistance Catalog Number from which the assistance is requested. When more than one program or Catalog Number is involved and the amount cannot be distributed to the Federal grant program or catalog number on an overall percentage basis, prepare a separate set of Part III forms for each program or Catalog Number. However, show the total amounts for all programs in Section B of the basic application form. Show the functional or other categorical breakouts, if required by the Federal grantor agency. Prepare a separate set o1 Part I I I forms for each category. Section B. Calculation of Federal Grant When applying for a new grant, use the Total Amount Column only. When requesting revisions of previously awarded amounts, use all columns. Line 1 — Enter amounts needed for administration expenses including such items as travel, legal fees, rental of vehicles end any other expense items expected to be incurred to administer the grant. Include the amount of interen expense when authorized by program legislation and also show this amount under Section E Remarks. Line 2 — Enter amounts pertaining to the work of locating and designing, making surveys and maps, sinking test holes, and all other work required prior to actual construction. Lina 3 — Enter amounts directly associated with the acquisition of land, existing structures, and related right-of-way. Line 4 — Enter basic fees for architectural engineering services. Line 5 — Enter amounts for other architectural engineering services, such as surveys, tests, and borings. Line 6 — Enter fees for inspection and audit of construction and related programs. Line 7 — Enter amounts associated with the development of land where the primary purpose of the grant is land improvement. Site work normally associated with major construction should be excluded from this category and shown on Lina 11. Line 8 — Enter the dollar amounts needed to provide relocation advisory assistance, and the net amounts for replacement (Last resort) housing. Do not include relocation administration expenses on this Line; include them on Line 1. Line 9 — Enter the estimated amount of relocation payments to be made to displaced persons, business concerns and non-profit organizations for moving expenses and replacement housing. Line 10 — Enter the gross salaries and wages of employees of the grantee who will fee directly engaged in performing demolition or removal 01 structures from developed land. This line should show also the cost of demolition or removal of improvements on EPA Form 5700-32 Moe . 10-79) Line 11 — Enter amounts for the actual construction of, addition to, or restoration of a facility. Also include in this category the amounts of project improvements such as sewers, streets, land- scaping and lighting. Lina 12 — Enter amounts for equipment both fixed and movable exclusive of equipment used for construction. For example, include amounts for permanently attached laboratory tables, built-in audio visual systems, movable desks, chairs, and labora- tory equipment. Line 13 —Enter amounts for items not specifically mentioned above. Line 14 — Enter the sum of Lines 1.13 Line 15 — Enter the estimated amount of program income that will be earned during the grant period and applied to the program. Line 16 — Enter the difference between the amount on Line 14 and the estimated income shown on Line 15. Line 17 — Enter amounts for those items which are part of the project but not subject to Federal participation (See Section C, Line 26g, Column (1) 1. Line 18 — Enter the estimated amount for contingencies. Compute this amount as follows. Subtract from the net project amount shown on Line 16 the ineligible project exclusions shown on Line 17 and the amount which is excluded from the contingency provisions shown in Section C, Line 269, Column (2). Multiply the computed amount by the percentage factor allowed by the grantor agency in accordance with the Federal program guidance. For those grants which provide for a fixed dollar allowance in lieu of a percentage allowance, enter the dollar amount of this allowance. Line 19 — Show the total amount of Lines 16, 17, and 18. (This is the amount to which the matching share ratio prescribed in program legislation is applied.) Line 20 — Show the amount of Federal funds requested exclusive of funds for rehabilitation purposes. Line 21 — Enter the estimated amounts needed for rehabilitation expense if rehabilitation grants to individuals are made for which grantees are reimbursed 100 percent by the Federal grantor agency in accordance with program legislation. If the grantee shares in part of this expense show the total amount on Line 13 instead of on Line 21 and explain in Section E. Line 22 — Show the total amount of the Federal grant requested. Line 23 — Show the amount from Section D, Line 27h. Line 24 — Show the amount from Section D. Line 28c. Line 25 — Self-explanatory. PAGE 10 OF 19 Form Approved OMB No. 138.R 0134 EPA Form 5700-32 (Rev. 10_79) PART IV PROGRAM NARRATIVE (Attach—See Instructions) PAGE 11 OF 19 SECTION C — EXCLUSIONS Classification Ineligible for Participation 111 Excluded from Contingency Provision (2) a. S S b. c, o. e. I. 9. Totals S $ SECTION D— PROPOSED METHOD OF FINANCING NON-FEDERAL SHARE 27. Grantee Share S 410,000 a. Securities b. Mortgages c. Appropriations (By Applicant) d. Bonds 410,000 e. Tax Levies f. Non Cash 9. Other (Explain) It. TOTAL — Grantee share 410, 000 28. Other Shares a. State 102,500 1!. Other c. Total Other Shares _ 102,500 29. TOTAL S 512,500 SECTION E— REMARKS EPA Form 5700-32 (Rev. 10_79) PART IV PROGRAM NARRATIVE (Attach—See Instructions) PAGE 11 OF 19 Form Approved OMB No. 158-R0134 INSTRUCTIONS PART 111 Lina 27 In — Show the total of Lines 27 ". This amount must equal the amount shown in Section B, Line 23. Section C. Exclusions Line 26 "— Identify and list those costs in Column (1) which are part of the project cost but are not subject to Federal participation because of program legislation or Federal grantor agency instructions. The total amount on Line g should agree with the amount shown on Line 17 of Section B. Show in Column (2) those project costs that are subject to Federal participation but are not eligible for inclusion in the amount used to compute contingency amounts as provided in the Federal grantor agency instructions. Section D. Proposed Method of Financing Non -Federal Share Line 27 a-9 — Show the source of the grantee's share. If cash is not immediately available, specify the actions completed to date and those actions remaining to make cash available under Section E Remarks. Indicate also the period of time that will be required after execution of the grant agreement to obtain the funds. If there is a noncash contribution, explain what this contribution will consist of. EPA Form 5700_32(Ray. 10-79) Line 28 a —Show the amount that will be contributed by a Mate or state agency. only if the applicant is nor a State or state agency. If there is a noncash contribution, explain whet the contribution will consist of under Section E Remarks. Line 28 b — Show the amount that will be contributed from other sources. If there is a noncash contribution, explain what this contribution will consist of under Section E Remarks. Line 28 c — Show the total of Lines 28a and 28b. This amount must be the same as the amount shown in Section 8, line 24. Line 29 — Enter the totals of Line 27h and Line 28c Section E. Other Remarks Make any remarks pertinent to the project end provide any other information required by these instructions or the grantor agency. Attach additional sheets, if necessary. PAGE 12 OF 19 PART IV — NARRATIVE STATEMEN, CONSTRUCTION GRANTS FOR WASTEWATER TREATMENT WORKS Section A. Inlroduelion Construction of federally financed waste Irealment works generally is accomplished in three steps' Step 1 facilities plans and related elements: Step 2 preparation of construction draw- ings and specifications, and Step 3 erection and building of a treatment works. An application must be submitted to the State agency for each proposed treatment works. The basic applica- tion shall meet the requirements for the project set forth in Sec- tion B. Submissions required for subsequent related projects shall be provided in the form of amendments to the basic appli- cation. Each such submission shall be submitted through the State Agency, must be complete, and must relate to a project for which priority has been determined by the State agency. If any information required has been furnished with an earlier ap- plication, the applicant need only incorporate by reference and. if necessary, update or revise such information utilizing the pre- viously approved application. Prior to completion of an appllca- tion applicants should be thoroughly familiar with all EPA grant regulations (40 CFR Pan 30 and Subpart E of Pan 35) which apply to this program. Section B. Application Requirements 1. For all grant applications or amendments (Step 1, 2, or 3) identify, by the National Pollution Discharge Elimination System (NPDES) permit discharge name and number, as appropriate, all publicly owned treatment works that will be included within the work scope for which grant assistance is being requested. 2. Project for facilities plan and related elements required to apply for Step 2 grant assistance (Step 1). An application for a grant for Step 1 shall include (See 40 CFR 35.920-3(a).): A plan of study presenting (i) the proposed planning area: (ii) an identification of the entry or entities that will be conducting the planning; (iii) the nature and scope of the proposed Step 1 project and public participation program, including a schedule for the completion of specific tasks: and (iv) an itemized description of the es- timated costs for the project. Proposed subagreements, or an explanation of the in - leaded method of awarding subagreements for perform- ance of any substantial portion of the project work. C. Required comments or approvals of relevant State, local and Federal agencies (including "clearinghouse" re- quirements of OMB Circular A-95, as revised). 3. Project for preparation of construction drawings and specifi- cations (Step ). An application for a grant or grant amendment for preparation of construction drawings and specifications shall include: A facilities plan (including an environmental information document in accordance with 40 CFR Pan 6, Sub - pans A - E) in accordance with 40 CFR 35.917 through 35.917.9 and other Step 2 application requirements (35.920-3(b)). The description of the treatment works for which construction drawings and specifications are to be prepared shall include preliminary engineering data. cost estimates for design and construction for the treatment works. and a schedule for completion of the design and Form Approved OMB No. 159-80134 conslruclion It shall indicate the planned division of all the work to be encompassed by the. grant, i e.. completing the planned treatment works. (Stop 2 and Step 3) includ- ing any segmenting or phasing, into projects for which applications for amendment of the basic application will be submitted. Cost estimates shall be provided for each such project as well as the total eslimale for the treatment works using the formal provided on Page 16 of this appli- cation form. Month and year of cost estimate preparation shall be included. b. Adequate information regarding availability of proposed site(s), tl relevant: C. Proposed subagreements or an explanation of the in - leaded method of awarding subagreements for perform- ance of any substantial portion of the project work; d. Required comments or approvals of relevant State. local and Federal Agencies, including clearinghouse require- ments of Office of Management and Budget Circular A- 95, as revised (see 40 CFR 30-305): e. A value engineering (VE) commitment in compliance with § 35.926(a) for all Step 2 grant applications for proj- ects with a projected total Step 3 grant eligible con- strucllon cost of s10 million or more excluding the cost for interceptor and collector sewers. For those projects requiring VE, the grantee may propose, subject to the Regional Administrator's approval, to exclude interceptor and collector sewers from the scope of the VE analysis: Proposed or executed (as determined appropriate by the Regional Administrator) intermunicipal agreements nec- essary for the construction and operation of the Pro- posed treatment works, for any treatment works serving two or more municipalities: g. A schedule for initiation and completion of the project work (see 40CFR 35.935-9), including milestones. and h. Satisfactory evidence of compliance with Title 40 Code of Federal Regulations sections: (i) § 5 35.925-11. 35,929 et seq and 35.935-13 regard- ing user charges: (ii) §§ 35.925-11, 35,928 at seq and 35.935-15 regard- ing industrial cost recovery. if applicable; (iii) § 35.925-16, regarding costs allocable to Federal facilities, it applicable; (iv) §35.927-0 regarding a sewer use ordinance. (v) § 30 405-2 and Part 4 of 40 CFR Chapter B. regard- ing compliance with the Uniform Relocation Assist- ance and Real Property Acquisition Policies Act of 1970. if applicable: and (vi) Other applicable Federal statutory and regulatory requirements (see Subpart C of 40 CFA Part 30) and PAGE 13 of 19 EPA Fwm 57DO-32 (Rev. 10-791 I. After June 30, 1980, for grantees subject to pretreatment requirements under § 35.907 (b), the Items required by § 35.907(d) (1), (d) (2) and (d) (4). 4. Project for building and erection of a treatment works (Step 5). An application for a grant or grant amendment for the build- ing and erection of a treatment works shall include (a) the items in paragraphs 3a. through 3i. of this section, (b) the con- struction drawings and specifications, suitable for bidding pur- poses, (c) a schedule for or evidence of compliance with 40 CFR 35.925-10 and 35.935-12 concerning an operation and mainte- nance program, including a preliminary plan of operation, and (d) after December 31, 1980, the items required by § 35.907 (d)(1) through (d)(9), as applicable for grantees subject to pretreatment requirements under § 35.907(b). (See § 35.920-3(c)). It shall also include cost estimates for the completion of construction of the treatment works with an affirmation of their current validity. The format provided on Page 14 of this application form will be used. 5. Combination design and construction of a treatment works (Step 2 + 3). Before the award of a grant or grant amendment for a Step 2 + 3 project the granlee must furnish: (a) each of the items specified in paragraph 3 of this section, and (b) a schedule for timely submission of plans and specifications, op- eration and maintenance manual, user charge and industrial Form Approved OMB No. 158-RO134 cost recovery systems, sewer use ordinances and a preliminary plan of operation. (See 40 CFR 35.92631,1)). 6. Training Facility Project. An application for assistance for construction of a training facility pursuant to Section 109(b) of the Act shall include (a) a statement concerning the suitability 01 the treatment works facility, facilities or training programs for training operations and maintenance personnel for treatment works throughout one or more States; (b) a wrinen commitment from the State agency or agencies to carry out at such facility a program of training approved by the Regional Administrator; and (c) an engineering report (required only if a facility is to be constructed), including facility design data, cost estimates for design and construction; and (d) a detailed outline o1 the train- ing programs including, (for 1, 3. and 5 year projections): (i) an assessment of need for training, (i)) how the need was deter- mined. (iii) who would be trained, (iv) what curriculum and ma- terials would be used (v) what type of delivery system will be used to conduct training, (e.g.. State vocational education sys- tem. State environmental agency, universities or private orgam- zatiens), (vi) what resources are available for the programs, (vii) a budget breakdown on the cost of the program, and (viii) the relationship of the facility or programs to other training pro- grams. EPA Fwm 5700-32 (Ray. 10-79) PAGE 14 OF 19 Form Approved PART IV—NARRATIVE STATEMEN OWS No. 158—RO/34 (continued) Section C. Loan Guarantees for Construction of Treatment Works 4, Requested loan amount: This information is to be provided only if the applicant is applying for a guaranteed Federal loan to finance the local share of a. Total. the treatment works for which a grant is requested. Such guaranteed loans from the Federal Financing Bank are authorized by Section b. Amount for refinancing. 213 of the Federal Water Pollution Control Act, as amended, and governed by regulations promulgated by EPA in 40 CFR Part 39. c. Amount not previously permanently financed. If the grant has been requested in an earlier application, only one copy of Pans 1 through V need accompany this loan application to EPA. Bulky attachments to the original application, such as facilities plans, plans and specifications, subagreements, or "clearinghouse" comments, need not be included. An original and three copies of the information required by this Pan IV C must be prepared. One copy is to he sent to the appropriate State Water Pollution Control Aaency; the original and two copies to the appropriate Regional Office of EPA. This application for a loan and loan guarantee must include the following information: - 1. Applicant/Grantee Name and applicable State -assigned grant identification number(s). If more than one Step, segment, project or grant is involved in this loan guarantee application, briefly iden. tify each. 2. Project financial information. If more than one Step, segment, project or grant is involved, this information must be provided for each separately. a. Total eligible and allowable cost of project. b. EPA share of project cost (EPA grant amount). Identify if this amount is estimated or actual (grant awarded). c. Other Federal share of eligible and allowable project cost (identify source). d. State share of eligible and allowable project cost. e. Other funds contributing to eligible and allowable project cost (identify source). f. Principal amount of grantee borrowings for the local share of the eligible and allowable project cost. (1) Short term notes. (2) Permanent financing which may be refinanced under the provisions of 40 CFR 39.110(b)(2). (3) Other permanent financing. 3. Maximum possible loan amount Compute this figure as follows (show compulotion): Start with item 2a. Subtract items 2b, 2c, 2d, 2e and 2113). The remainder is the maximum possible loan amount. EPA Form 5700_37 (Rei. 16-7y) 5. Documentation that the grameelapplicant is unable to obtain on reasonable terms (as defined by 40 CFR 39.105(1)) sufficient credit to financethe local share of the projects: - a. The results of any public solicitation for bids for obligations to finance the local share, or b. a certification from a municipal bond underwriterls), which submitted or might normally have submitted a bid for the obligations, or c. for an applicant with an obligation to pay the local share of $250,000 or less, certification from two or more local or regional banks; and d. for an applicant representing communities with a population of 10,000 or less, a written statement from an authorized representative of the Farmers Home Administration that grants, loans or loan guarantees are not available from FmHA in an adequate amount or within a reasonable time (prior to the estimated construction start date). 6. Evidence of ability to repay, in the form of an official statement which complies with the guidelines for such statements furnished by the Regional Office of EPA. (A bond prospectus may satisfy this requirement.) 7. Legal opinion of the applicant's attorney (or bond counsel) which complies with the requirements of 40 CFR 39.11010(3). 8. Assurances, in the form of an ordinance or other evidence of authority that the applicant can and will comply with the conditions set forth in 40 CFR 39.115. 9. A check made payable to the U -S: Environmental Protection Agency, in the amount of $1,000 or 1/8 of one percent of the requested loan amount (item 4a above), whichever is greater, but not to exceed $25,000. 10. Name and telephone number of the individual to be contacted, if necessary, for additional information about the loan guarantee application. 11. Name, title and signature of the applicant's authorized represen- tative, and date signed. PAGE 15 OF UT Form Approved TART IV - NARRAT IV I_ S I A I tMtNI aeca- _ V,vnrro. ria -n pr�r SUMMARY OF COSTS OF PLANNED TREATMENT WORKS MUNICIPALITY fApplicans): APPLICANT'S APPLICATION NO. SCHEDULED BY PROJECT AND CATEGORY City of Iowa City Y c- 190830-03 — (Read instructions on reverse before complesingform) GRANT •a, PROJECT b. PROJECT c. PROJECT d. PROJECT C. TOTAL ALL 1•''' _ ,'-:+ej•" SEQUENCE SEOUENCE SEOUENCE' SEQUENCE PROJECTS 2. PROJECT STEP STEP 'L STEP 'Z STEP 3 STEP 3 ;aµ``..-_�ap ESTIMATED CALENDAR QUARTER/ GRANT f, ~ �` 3. YEAR APPLICATION WILL BE SUBMIT- 2/$D 3�8D 2 82 382 _ ,'-:+ej•" TED TO EPA FOR FUNDING T PROJECT NO.C190830 -D 1 < ° S S $ S S 8 yCATEGORY Secondary Treatment and BPWTT 1 840 000 28 1 6Q. 00 NAME [Please print/ DATE 30'oOD DATE J. W. Kimm April 22, 1980 ORGANIZATION ORGANIZATION Veenstra & Ki TIC b. CATEGORY It REA CO E NUMBER SIGNATURE NUMB HR NE 1 225-8000 More Stringent Treatment I CATEGORY IIIA 90,000 357,00 447 Infiltration/Inflow Correction It. CATEGORY IIIB Sewer System Re,'acement Rsh able tatlon e. CATEGORY IVA New Collectors and Appurtenances 4. f. CATEGORY IVB Ncu. jntercepiara and APPurtenanees 210, 000 700,000 17 843 00 18,751 g. CATEGORY V Correction of Combined Sewer Overflows It. CATEGORY VI Treatment and/or Control of Stormw'aters TOTAL COST a. FUNDED SLY PRE § _D_ S _D_ S _Q_ S -D- § -D- OF STEP 2 5. AND STEP 3 PROJECTS b, PLANNED §2,050,000 § 790,000 S28,160,00 §18 200,00 ?a r ii A I AT DOST OF ALL PLANNED BUT VNFUNDED PROJECTS- �•�, 9 200 000 TO BE INCLUDED IN THE ENTIRE GRANT +. i;7 .. STEP 1 PROJECT COST •>"11 ,' § 439,000 T PROJECT NO.C190830 -D 1 < ° COST ESTIMATES OF PLANNED PROJECTS WERE COMPUTED AS OF 3T/8Q PRO AND REFLECT THE LATEST (MONA O YEAR) 8 CONSTRUCTION COST INDEX OF 3159 AS REPORTED BY THE ENGINEERING NEWS RECORD. 92. ESTIMATES PREPARED/VERIFIED BY 9b. REVIEW AND APPROVAL BY STATE AGENCY NAME [Please print/ DATE NAME (Please print) DATE J. W. Kimm April 22, 1980 ORGANIZATION ORGANIZATION Veenstra & Ki TIC REA CO E NUMBER SIGNATURE NUMB HR NE 1 225-8000 SIG U 9c. REVIEW AND APPROVAL BY EPA REGIONAL OFFICE NAME (Pieaseprint) DATE rte_ _ SIGNATURE t t tib Y 4 • The Step 1 project, if any, will be reported on line 7. ** SEE ATTACHED SHEET •• If no Step 1 project was funded by EPA, insert N/A. **** ee. e..._ nnn_]] Ill.- 1 * Engineering design and soil borings - water pollution control plant and outfall sewer. ** Engineering design - sewer rehabilitation and additional trunk and interceptor sewers. *** Construction - water pollution control plant. **** Construction - outfall sewer and additional trunk and interceptor sewers. ***** Total project cost - does not include land, easements and rights-of-way acquisition costs estimated at $1,000,000. kRT IV — NARRATIVE STATEMENT Sccti Form Approved GENERAL INSTRUCTIONS OMB No. 159-R0134 Provide the actual or estimated costs for the design and construction projects to complete the Treatment Works as planned. Indicate the planned division of the work to be encompassed by the Grant into projects, i.e., the Step Two project for preparation of construction drawings and specifications. and the Step Three project for construction. Identify any recommended segmenting or phasing ofdesign or construction into additional Step Twv or Step Three projects. Use additional pages if the number of Step Two and Step Three projects being recommended exceeds four. If one or more recommended Step Two or Step Three projects would be carried out by a municipality other than the municipality funding the Step One facilities planning. show that projects) on a separate page. SPECIFIC INSTRUCTIONS ITEMIS) 1 If the first project funded by EPA was for Facilities Planning (Step One), report it on line 7. The second project would normally be for preparation of construction drawings and specifications. etc. Enter any project sequence numbers the State has assigned. ITEMS 2 THRU 5 REQUIRE INFORMATION ON FUNDED OR PLANNED PROJECTS IN CHRONOLOGICAL SEQUENCE LEFT TO RIGHT. 2 Enter the step of each project funded or planned. 3 Enter the date (calendar quarter/year) when the application for each recommended project on a State Project Priority List is scheduled to be submitted to EPA. if a project has already been funded by EPA or is not on the approved State Project Prioriy List, insert -N/A. ­ 42 -h Enter the actual or estimated cost of each project identified by category of work. 5 Enter the total actual or estimated cost of each project. 6 Enter the total estimated cost of all planned but unfunded projects to be included in this entire grant (sum of S.b. columns A through D). Exclude the estimated cost of the project which is the subject of this application. 7 Enter the EPA Identification Number of the Step One, Facilities Planning, project, if any, for this grant. Enter the total cost of the Step One project. 8 Enter the date (month/year) upon which estimated costs are based and the appropriate Construction Cost Index for that month as reported in the Engineering News Record. 9a. Insert napic, date, organization, phone and signature of responsible individual on applicant's or consultants staff who may be contacted regarding estimates. b. Insert name and organization of State official responsible for review of this application. C. Insert name of EPA individual responsible for programmatic review of the project covered by this application. DEFINITIONS CATEGORY I Secondary Treatment and Best Practicable Waste Treatment Technology (BPWTT), including costs for higher levels of BOD and suspended solids removal, without a requirement for removal of other constilutents. II Advanced waste treatment, including removal of one or more of the following: phosphorus, nitrogen, nitrate chemical oxygen demand, total organic carbon, pesticides, heavy metals, etc. Also included are polishing lagoons which temporarily retain effluents from secondary treatment facilities. IIIA Correction of Infiltration/Inflow Conditions, including cost of the 1/1 analysis and evaluation. together with all costs necessary for removing excessive 1/1 from the sewer system, such as replacement or relining sewersectitini,fow routing systems, etc., and including the treatment plant component costs specifically required to treat I/1 flows which cannot be reduced in a cost effective manner. HIB Replacement or major rehabilitation of sewers, where it has been determined that such replacement or rehabilitation is necessary to the total integrity and performance of the wastewater treatment works. IVA New collectors, including sewers. force mains and pumping stations which perform the complete collector sewer function. IVB New interceptors, including sewers, force mains and pumping stations which perform the complete interceptor sewer function. V Correction of combined sewer overflows including costs for evaluating alternative methods of correcting such overflows and the cost of new colleeton. interceptors, storm sewers. retention basins, etc., necessary to alleviate the overflow problem. VI Treatment and/or control of stormwalers, including the costs of abating pollution from stormwater runoff channelled through sewers and other conveyances used only for such run-off. Costs of abating pollution from stormwater channelled through sewers which also carry sewage am included in Category V. PAGE -17 OF 19 EPA Form 5700_32 (Rev. to -19) Form Approved OMB No. 158-RO134 PART V ASSURANCES The applicant hereby agrees and candies that he will comply with the regulations, policies, guidelines and requirements, including office of Management and Budget Circulars No. A-95 and A-102, and Federal Management Circular 74-4 as they relate to the application, acceptance and use of Federal funds for this lederally-assisted pro)ect.-Also; the applicant agrees and certifies with respect to the grant that: 1. It possesses legal authority to apply for the grant, and to finance and construct the proposed facilities; that a resolution, motion or similar action has been duly adopted or passed as an official act of the applicant's governing body, authorizing the filing of the application, including all understandings and assur- ances contained therein, and directing and authorizing the per- son identified as the official representative of the applicant to act in connection with the application and to provide such additional information as may be required. 2. It will comply with the provisions of Executive Order 11988, relating to evaluation of potential effects of any actions in a floodplain, Executive Order 12088, relating to the prevention, control and abatement of water pollution, and Executive Order 1199D, relating to minimizing harm to wetlands. 3. It will have sufficient funds available to meet the non -Feder- al share of the cost for construction projects. Sufficient funds will be available when construction is completed to assure af- fective operation and maintenance of the facility for the purpos- es constructed. 4. It will obtain approval by the appropriate Federal agency of the final working drawings and specifications before the project is advertised or placed on the market for bidding; that it will construct the project, or cause it to be constructed, to final completion in accordance with the application and approved plans and specifications; that it will submit 10 the appropriate Federal agency for prior approval changes that alter the costs of the project, use of space, or functional layout: that it will not en- ter into a construction contract(s) for the project or undertake other activities until the conditions of the construction grant program(s) have been met. 5. It will provide and maintain competent and adequate archi- tectural engineering supervision and inspection al the construc- tion site to insure that the completed work conforms with the approved plans and specifications: that it will furnish progress reports and such other information as the Federal grantor agen- cy may require. 6. It will operate and maintain the facility in accordance with the minimum standards as may be required or prescribed by the applicable Federal, Slate and local agencies for the mainte- nance and operation of such facilities. 7. It will give the grantor agency and the Comptroller General through any authorized representative access to and the right to examine all records, books, papers, or documents related to the grant. EPA Form 5700-32 (Rev. 10-79) 8. It will require the facility to be designed to comply with the "American Standard Specifications for Making Buildings and Facilities Accessible to, and Usable by, the Physically Handi- capped." Number A117.1-196:. as modified (41 CFR 101-17.703). The applicant will be responsible for conducting inspections to insure compliance with these specifications by the contractor. 9. 11 will cause work on the project to be commenced within a reasonable time after receipt of notification from the approving Federal agency that funds have been approved and that the prop ect will be prosecuted to completion with reasonable diligence. 10. It will not dispose of or encumber its title or other interests in the site and facilities during the period of Federal interest or while the Government holds bonds, whichever is the longer. 11. It will comply with Title VI of the Civil Rights Act of 1964 (P.L. BB -352) and in accordance with Title VI of that Act, no Per- son in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the applicant receives Federal financial assistance and will immediately take any measures necessary to effectuate this agreement. If any real property or structure thereon is provided or improved with the aid of Feder- al financial assistance extended to the Applicant, this assurance shall obligate the Applicant, or in the case of any transfer of such property, any transferee, for the period during which the real property Or structure is used for a purpose for which the Federal financial assistance is extended or for another purpose involving the provision 01 similar services or benefits. 12. It will establish safeguards to prohibit employees from us- ing their positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business, or other ties. 13. It will comply with the requirements of Title II and Title III of the Uniform Relocation Assistance and Real Property Acquisi- tions Act of 1970 (P.L 91-646) which provides for fair and equi- table treatment of persons displaced or whose property is ac- quired as a result of Federal and federally assisted programs. 14. It will comply with all requirements imposed by the Federal grantor agency concerning special requirements of law, pro- gram requirements, and other administrative requirements ap- proved in accordance with OMB Circular No. A-102. 15. It will comply with the provisions of the Hatch Act which limit the political activity of employees. PAGE 18 OF 19 ill aV 16 II will comply with the minimum wage and maximum hours provision of the Federal Fair Labor Standards Act, as they apply to employees of institutions of higher education, hospitals, other non-profit organizations. and to employees of State and local governments who are not employed in integral operations in areas of traditional governmental functions 17. It will insure that the facilities under ifs ownership, lease or supervision which shall be utilized in the accomplishment of the protect are not listed on the Environmental Protection Agency's (EPA) list of Violating Facilities and that it will notify the Federal grantor agency of the receipt of any communication from the Director of the EPA Office of Envir.mirentel Review indicating that a facility to be utilized in the project is under consider— soon for listing by the EPA. 18. It will comply with the flood insurance purchase require- ments of -Section 102(a) of the Flood Disaster Protection Act of 1973, Public Law 93-234, 87 Stat. 975, approved December 31, 1976, Section 102(a) requires, on and after March 2, 1975, the purchase of flood insurance in communities where such insur- ance is available as a condition for the receipt of any Federal financial assistance for construction or acquisition purposes for use in any area that has been identified by the Secretary of the Department of Housing and Urban Development as an area hav- ing special flood hazards. The phrase "Federal financial assist- ance" includes any form of loan, grant, guaranty, insurance EPA Form 5700-32 (Rmv. 10-791 Form Approved OMB No. 158-RO134 payment, rebate, subsidy. disaster assistance loan or grant. or any other form of direct or indirect Federal assistance. 19. It will assist the Federal grantor agency in its compliance with Section 106 of the National Historic Preservation Act o1 1966 as amended (16. US -C. 4701, Executive Order 11593, and the Archeological and Historic Preservation Act of 1974 (16 U.S.C. 469a-1 of seq.) by (a) consulting with the Stale Hisloric Preservauon Officer on the conduct of investigations, as neces- sary, to identify properties listed in or eligible for inclusion in the National Register of Historic Places that are subject to ad- verse effects (see 35 CFR Part 8008) by the activity, and nolify- ing the Federal grantor agency of the existence of any such properties, and by (b) complying with all requirements estal- lished by the Federal grantor agency to avoid or mitigate ad- verse effects upon such properties. 20. It will comply with all applicable requirements of Section 13 of the Federal Water Pollution Control Act Amendments of 1972 (RL 92-500) if the grant is available under any grant au- thority of that Act, which provides that no person in the United States shall, on the ground of sex be excluded from participation in, be denied the benefits of, or be otherwise subjected to dis- crimination under any program or activity under the said Federal Water Pollution Control Act Amendments for which the applicant received financial assistance and will take all necessary mea- sures to effectuate this agreement. m u] innR%wEmmmnM6NrCt t9ps-e32-5031240 PAGE 19 OF 19 Is :P_ 9 ATTACHMENT 1 RESOLUTION NO. 80-157 Resolution authorizing filing of application with the Environmental Protection Agency, United States of America, for a Grant under the Water Pollution Control Act, (33 U.S.C. 1251 et seq.). WHEREAS, under the terms of the Water Pollution Control Act (33 U.S.C. 1251 et seq.), the United States of America has authorized the making of grants to authorized applicants to aid in the construction of specific public projects, and WHEREAS, the City Council of the City of Iowa City has the legal authority to apply for the grant and to finance, construct and operate the proposed facility, and WHEREAS, the City Council of the City of Iowa City desires that the City Manager, Neal G. Berlin, be authorized to make application for a grant under the Water Pollution Control Act. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, 1. That the Mayor and City Clerk of the City of Iowa City, are hereby authorized to execute this Resolution, and 2. That Neal G. Berlin, City Manager, is hereby authorized to execute and file an application on behalf of the City of Iowa City, Iowa, with the United States Government for a grant in aid in the preparation of plans and specifications for the New Water Pollution Control Plant and Outfall Sewer and in the completion of other associated services - Step 2 Grant and he is hereby authorized and directed to furnish such information as the Environmental Protection Agency may reasonably request in connection with such application and to sign all necessary documents and receive payment. It was moved by Roberts and seconded by Veve that the Resolution 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 29th day of �{, r i 1 1980. ATTE47" Mayor i'1.0 Resoltuion No. 80-157 Page 2 CERTIFICATE OF RECORDING OFFICER The undersigned duly qualified and acting City Clerk of the City of Iowa City, Iowa, does hereby certify; That the attached resolution is a true and correct copy of the resolution authorizing the filing of application with the Environmental Protection Agency, as regularly adopted at a legally convened meeting of the City Council, duly held on the 29th day of _7,prJ1__, 1980; and, further, that such resolution has been fully recorded in the journal of proceedings and records in my office. IN WITNESS WHEREOF, I have hereunto set my hand this 29th day of April 1980. By a City Clerk ATTACHMENT NO._ 2 STATEMENT BY APPLICANT This is to certify that the applicant, the City of Iowa City, Iowa, in making this application for a Step 2 grant under EPA Grant Program 66.418, Construction Grants for Wastewater Treatment Works, certifies that the proposed project will be constructed to comply with all pertinent requirements of the Clean Air Act as amended in August, 1977, and all applicable local environmental laws and regulations. CITY OF IOWA CITY, IOWA By Authorized Representative APR 3 0 1980 _ 1980 0 ATTACHMENT 3 STATEMENT The name, address and telephone number of the consulting engineer is as follows: Veenstra & Kimm, Inc. Engineers & Planners 300 West Bank Building 1601 22nd Street West Des Moines, Iowa 50265 515-225-8000 CITY OF IOWA CITY, IOWA By Authorized Representative APR 3 0 1980 . 1980 ATTACHMENT 4 STATEMENT The City has, after extensive negotiations, approved a contract with Veenstra & Kimm, Inc., for the work to be done under this grant. A copy of Resolution No. 80-55 authorizing the mayor and city clerk to execute the contract and a copy of the unsigned contract are attached. A copy of the unsigned contract was previously submitted to IDEQ and EPA for pre -approval as required in EPA regulations. EPA 5700-41 forms for each of the work tasks set forth in the contract were included with the unsigned contract. A copy of the letter forwarding these documents to EPA and IDEQ is attached. A copy of an unsigned contract between Veenstra & Kimm, Inc., and Stanley Consultants, Inc., for the value engineering is attached. This contract will not be consumated until IDEQ and EPA approve the grant for this project. Veenstra & Kimm, Inc., has selected a local engineering MBE to design the outfall sewer to meet EPA requirements related to MBEs. Veenstra & Kimm, Inc has not, as of this time, negotiated a contract with the MBE because the project has yet to be approved by EPA and IDEQ. Veenstra & Kimm, Inc., are reluctant to complete negotiation of the MBE contract until the project is approved. The value engineering contract was negotiated twice by Veenstra & Kimm, Inc., because of the delays in IDEQ and EPA approval of the project and, therefore, they are reluctant to negotitate the MBE contract until the project is approved. The contract for the soils investigations will be awarded by competitive bid soliciations. Construction contracts for the New Water Pollution Control Plant and Outfall Sewer will be awarded by competitive bidding as required by Iowa law and the Federal Construction Grant Regulations. The construction contracts will not be awarded until IDEQ and EPA have approved the plans and specifications and a Step 3 grant for the construction of these facilities has been awarded by IDEQ and EPA. CITY OF IOWA CITY IOWA BY `Autfiorized Repres`entat' ve APR 3 0 1980 , 1980 a�S ATTACHMENT 5 STATEMENT It is planned that monthly requests will be made for partial grant payments following the date of acceptance of the grant offer in accordance with the following schedule: Days After Date of Acceptance of Grant Offer Amount 60 $ 64,800 90 64,800 120 64,800 150 64,800 180 64,800 210 64,800 240 64,800 270 64,800 300 64,800 330 64,800 360 64,800 390 64,800 420 64,800 450 64,800 480 64,800 510 64,800 540 64,800 570 64,800 600 64,800 630 64,800 660 64,800 690 176,700 $1,537,500 CITY OF IOWAzZITY/, IOWA ed Represeht APR 3 0 1980 ve •:c az8 ATTACHMENT 6 ASSURANCE WITH RESPECT TO REAL PROPERTY ACQUISITION OF TITLE III OF THE UNIFORM RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION POLICITES ACT OF 1970 The City of Iowa City, Iowa, hereby assures that it has authority under applicable state and local law to comply with Section 210 of the Federal Act entitled "The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970," approved January 2, 1971 (Public Law 91-646, 91st Cong. S.1, 84 Stat. 1894) and certifies, assures, and agrees that, notwithstanding any other provision set forth in any application, contract, or agreement with respect to the application identified as No. 190830 03: It will fully comly with the requirements of Subpart F of 40 CFR 4; It will adequately inform the public of the acquisition policies requirements, and payments which apply to the project; It will make every reasonable effort to acquire real property expeditiously through negotiation; Before the initiation of negotiations it will have the real property appraised and give the owner or his representative an opportunity to accompany the appraiser during inspection of the property; Before the initiation of negotiations it will establish an amount which it believes to be just compensation for the real property, and make a prompt offer to acquire the property for that amount; and at the same time it will provide the owner a written statement of the basis for such amount in accordance with 40 CFR 4.602. Before requiring any owner to surrender possession of real property it will pay the agreed purchase price; or deposit with the court, for the benefit of the owner, an amount not less than the approved appraisal of the fair market value of the property; or pay the amount of the award of compensation in a condemnation proceeding for the property. If interest in real property is to be acquired by exercise of the power of eminent domain, it will institute formal condemnation proceedings and not intentionally make it necessary for an owner to institute legal proceedings to prove the fact of the taking of his real property; and It will offer to acquire the entire property, if acquisition of only part of a property would leave its owner with an uneconomic remnant. References to 40 CFR are citations to Title 40, Code of Federal Regulations, Part 4, published in the Federal Register Vol. 39, No. 54, March 19, 1974. -1- This document is hereby made part of and incorporated in any contracts or agreement, or any supplements and amendments thereto, relating to the above -identified application and shall be deemed to supersede any provisions therein to the extent that such provisions conflict with the assurance or agreements provided herein. CITY OF IOWA CITY IOWA By Authorized Representative -2- aao . COMMCE • •667CIVIC CENTER. d ER10 E WASHINGTON 5T. c fp c (� i IOWA CITY. IG WA 52240 61 GLYt J n 319-354.1800 i` o lip o m z m 4pWA CRY. ICWA- r...e.e ms Mr. Allan S. Abramson Water Division Environmental Protection Agency 1735 Baltimore Kansas City, Missouri 64108 Dear Mr. Abramson: Reference is made to our pending grant application number C190830 03. We have reviewed the regulations pertaining to user charge, industrial cost recovery and sewer use ordinance provisions of the FWPCA as amended by the Clean Water Act of 1977 (Public Law 95-217), and hereby give notice that the City of Iowa City, Iowa, intends to comply with the regulations as published in 40 CFR 39.900-35.960, Federal Register Volume 39, No. 29, dated February 11, 1974, as well as those additions and revisions in Federal Register Volume 43, No. 80, dated April 25, 1978. Sincerely yours, CITY IOWA CITY, IOIW g y Ne . Berlin Authorized Representative UNITED STATES ENVIRONMENTAL PROTECTION AGENCY ASSURANCE OF COMPLIANCE FOR TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 AND SECTION 13 OF THE FWPCA AMENDMENTS OF 1972 NAME AND ADDRESS OF APPLICANT/RECIPIENT called ASSURORI City of Iowa City Civic Center 410 East Washington Street Iowa City, Iowa 52240 GRANT IDENTIFICATION NUMBER UHAN I Nmuu-V (Tobecompletedby EPA) REQUESTED Is 1,537,500 TYPE OF GRANT ❑DEMONSTRATION ❑RESEARCH ❑TRAINING OTHER (Specify): Construction CHECK ONE: [KNEW ❑CONTINUATION -lEREBY AGREES THAT IT will comply with Title VI of the Civil Rights Act of 1964 (P.L. 88-352) and all requirements of the J.S. Environmental Protection Agency (hereinafter called "EPA') issued pursuant to that title, to the end that in accordance with ride VI of that Act, no person in the United States shall, on the ground of race, color, or national origin be excluded from aarlicipation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the Assuror receives financial assistance from EPA and hereby gives assurance that it will now and hereafter take all necessary measures to effectuate this agreement. HEREBY AGREES THAT IT will comply with all applicable requirements of Section 13 of the Federal Nater Pollution Control Act Amendments of 1972 (P.L. 92-500) and all requirements of EPA issued pursuant to that section, to the end that in accordance with that section of that Act, no person in the United States shall, on the ground of sex be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity under the said Federal Natel Pollution Control Act Amendments for which the Assuror receives financial assistance from EPA and hereby gives assurance that i' will now and hereafter take all necessary measures to effectuate this agreement. , If any real property or structure thereon is provided or improved with the aid of financial assistance extended to the Assuror by EPA, this Assurance obligates the Assuror, or, in the case of any transfer of such property, any transferee for the period during which the real property or structure is used for a purpose involving the provisions of similar services or benefits. If any personal property is so provided, this Assurance obligates the Assuror for the period during which it retains ownership or possession of the property. in all other cases, this Assurance obligates the Assuror for the period during which the financial assistance is extended to it by EPA. THE ASSURANCE is given in consideration of and for the purpose of obtaining any and all Federal grants, loans, contracts, property discounts or other financial assistance extended after the date hereof to the Assuror by EPA including installment payments after such date on account of arrangements for Federal financial assistance which were approved before such date. The Assuror recognizes and agrees that such Federal financial assistance will be extended in reliance on the representations and agreements made in this Assurance and that the United States shall reserve the right to seek judicial enforcement of this Assurance. This Assurance is binding on the Assuror, its successors, transferees, and assignees, and the person or persons whose signature appear below are authorized to sign this Assurance on behalf of the Assuror. - The obligations assumed by the Assuror hereunder are in addition to any obligations which may be imposed on the Assuror by applicable regulation now outstanding or which may hereafter be adopted by EPA to effectuate any provision or goal of the Title V1 and all applicable requirements of the said Section 13, and no part of this Assurance shall be read so as to in any detract from or modify any 9bligation which may be imposed on the Assuror by any such regulation standing alone. SIGNATU OF A ROR BY PRE IDEN RMAN OF BOARD OR COMPARABLE AUTHORIZED DATE OFFI Neal G. Berlin APR 30 .y., Authorized Representative 1�Q� EP Form 4700-1 (Pev. 6-74) PREVIOUS EDITION 15 Oe50LETE GIVE THE SCHEDULE FOR FUTURE CONSTRUCTION BY WHICH TREATMENT 5Y5T LM acHVILe "ILL Pc rnUYwcu I V KLL IPr.un- 7ANTS''AITHIN APPLICANT'S JURISDICTION. C. 15 AIJOT HER FEDERAL AGENCY BEING ASKED TO PROVIDE FINANCIAL ASSISTANCE TD ANY CONSTRUCTION ASSOCIATED WITH "IS wROJECTt rI YES j__jNo •. IF - CS- LIST THE OTHER FEDERAL AGENCY(S) V 2. OESCRIDE THE A550CIATCD "ORK I ccrufy vmlisl y CERTIFICATION to the best of my knowledge or belief. (A willfully false statement 1s E OF AUTHORIZED O City Manager V/// FOR U.S. ENVIRONMENTAL PROTECTION AGENCY I (APPROVED (DISAPPROVED EPA FOIm4700-4 (4-74)RF.PLACE5 EPA FORM FW?CA.Tt28 15.571 A,IICH 15 OBSOLETE 1:;93 U. S. ENVIRONA:ENTAL PROTECTIO14 AGENCY 1 COMPLIANCE REPORT I'urra AIIPro Yed (Title CI, Civil Rights Act of 1964 and Section 13, Federal O?SB No. 158-HO03'. lC:,tcr Pollution Control Act, As Amended) j NOTE: c'ir'AD INSTRUCTIONS ON PEVERSE BEFORE COMPLETING FORM. ` A. APPLICANT (A'ume arid S:Rte) U. PHOJECT NO. I CITY OF IOWA CITY, IOWA I C190830 03 iI IF LNTIRE POPULATION IN THE APPLICANT'S JURISDICTION IS SERVED NOW BY TREATMENT SYSTEM OR WILL BE UPON COMPLE- TION OF PROPOSED EPA GRANT PROJECT AND ON-GOING ASSOCIATED CONSTRUCTION, CHECK MERE ® , III. COMPLETE THE FOLLOWING ONLY IF ABOVE BLOCK 15 NOT CHECKED A. SUBMIT A MAP WHICH DELINEATES THE APPLICANT'S- PPLICANT'S1. 1.GEOGRAPHICAL JURISDICTION FOR PROVISION OF TREATMENT SYSTEM SERVICE: 2. MISTING TREA111ENT SYSTEM COVERAGE; 3. CONSTRUCTION PROPOSED UNDER EPA GRANT PROJECT AND ANY ON-,OING ASSOCIATED CONSTRUCTION: J. AREAS OF PLANNED FUTURE TREATMENT SYSTEM CONSTRUCTION. c. COMPLETE THE TABLE BELOW: _I 2. 3. ADDITIONAL A. POPULATION I PRESENT POPULATION POPULATION REMAINING TO CF. POPI_ATION CATEGORY POPULATION PRESENTLY TO BE SERVED SERVED AFTER THIS OF APPLICANT SERVED BY THIS PROJECT PROJECT IS CON,+L ETEU, - 'i R.CA" •IDI AN FILIPINO, JAP A NESE PL A CK __S4 .:1' 5C EN T II- i --- I TOTAL GIVE THE SCHEDULE FOR FUTURE CONSTRUCTION BY WHICH TREATMENT 5Y5T LM acHVILe "ILL Pc rnUYwcu I V KLL IPr.un- 7ANTS''AITHIN APPLICANT'S JURISDICTION. C. 15 AIJOT HER FEDERAL AGENCY BEING ASKED TO PROVIDE FINANCIAL ASSISTANCE TD ANY CONSTRUCTION ASSOCIATED WITH "IS wROJECTt rI YES j__jNo •. IF - CS- LIST THE OTHER FEDERAL AGENCY(S) V 2. OESCRIDE THE A550CIATCD "ORK I ccrufy vmlisl y CERTIFICATION to the best of my knowledge or belief. (A willfully false statement 1s E OF AUTHORIZED O City Manager V/// FOR U.S. ENVIRONMENTAL PROTECTION AGENCY I (APPROVED (DISAPPROVED EPA FOIm4700-4 (4-74)RF.PLACE5 EPA FORM FW?CA.Tt28 15.571 A,IICH 15 OBSOLETE 1:;93 RESOLUTION M. 80-55 RFSO TTION AUTHORI2ING EX=ICN OF AMENDMENT TO CONTRACT WITH VEENSTRA AND KIMM WHEREAS, the City of Iowa City, Iowa, has negotiated an amendment to a contract with Veenstra & Kimm , a copy of said amendmeni— being attac ed to this Rego ut on s reference made a and, 14H F , the City Council deems it in the public interest to Enter i.,tn maid amendmend to begin the design of the new treatment plant and the outfall sewer connecting the existing plant to the proposed plant, subject to IDEQ and EPA approval. IXY, THEFEMRE, BE IT RESOLVED BY THE CITY CaJNCIL: 1. That the Mayor and City Clerk are hereby authorized and directed to execute the amendment with Veenstra & Kinm 2. That the City Clerk shall furnish copies of said to any citizen requesting saw. It was moved by Neuhauser and seconded by Vevera pesolution be adopted, upon ro call there were: AYES: NAYS: ABSENT: ATTEST: BALMER ERDAHL LYNCH NEUHAUSER PERRET ROBERTS VEVERA passed and approved this 19th day of February , 19 80 Clerk M Received & December 11, 1979 Ns. Carol McWevin Grants Officer. Water Division U.S. Environmental Protection Agency Region VII 324 East 11th Street Kansas City, Missouri 64106 and Ms. Shirley Christoffersen Construction Grants Section Iowa Department of Environmental Quality Henry A. Wallace Building 900 East Grand Avenue Des Moines, Iona 50319 IOWA CITY, IOWA SEWERAGE SYSTEM IMPROVEMENTS EPA PROJECT NO. CI -90830 03 STEP 2 ENGINEERING AND RELATED SERVICES We have completed the Addendum to the Facility Plan for Iowa City w?-:ich was made necessary by a change in water quality standards for the lowa River. The addendum has been submitted to the City and has been approved by the Iowa City staff. It is now in final printing and will be available for submission to the regulatory agencies within the next few days. The City i:,ishes to proceed immediately with the design, preparation of plans and specifications and other Step 2 engineering and related services for the nevi water pollution control plant and the outfall sever. Since the cost of the Step 2 services exceeds $100,000 we are submitting documentation for Step 2 services to the regulatory agencies for pre -approval at this time. A copy is being sent to the City of Iowa City for its review and approval concurrently with yours. OW/ Ms. Carol Hcovin Ms. Shirley Christoffersen December 11, 1979 Page 2 Enclosed herewith are the following documents for your review and approval: 1. The Sixth Amendment to our agreement with the City of Iowa City which sets forth eight specific work tasks to be included in Step 2 engineering and related services. These are applicable to the water pollution control plant and outfall sewer only. The amendment troy be further amended at a later date to include other improvements recommended in the Facility Plan. 2. EPA Forms 5700-41 for each of the work tasks set forth in the Sixth Amendment. In addition to the 5700-41s, we have included a copy of our computations relative to engineering fees and amounts of subcontracts proposed. 3. A copy of the current edition of Appendix C-1 is attached to the Sixth Amendment. 4. Pages 1, L and 10 of 16 of EPA Form 5700-32 - Application for Federal Assistance. 5. A copy of EPA Form 4700-1 - Assurance of Compliance for Title VI of the Civil Rights Act of 1964 and Section 13 of the F'APCA Anendments of 1972. 6. Statement setting forth the amounts of monthly requisitions to be filed with EPA throughout the course of the Step 2 services. Your early attention to the enclosed information is requested. As stated in a previous paragraph, the Addendum to the Facility Plan should be forwarded to you within the next few days. Should you have questions regarding the enclosed material, please contact us at 515-225-8000. VEENSTRA. & KIMM c n n: J. k. Kirna JvnQ 600-12 cc: N. Eugene A. Dietz 4V / SIXTH AMENDMENT TO AGREEMENT WHEREAS, the City of Iowa City, hereinafter referred to as the City, entered into an agreement dated March 4, 1975, with Veenstra & Kimm, Engineers & Planners, hereinafter referred to as the Consultant, for the preparation of a Facility Plan in accordance with Title II of the Federal Water Pollution Control Act Amendments of 1972 (Public Law 92-500), as amended, and as further amended by the Clean Water Act of 1977 (Public Law 95-217), and WHEREAS, the parties hereto executed the original agreement and amendments thereto, dated June 10, 1975, May 10, 1977, August 23, 1977, May 12, 1978, and June 13, 1979, hereinafter referred to collectively as the Agreement, providing for the engagement of the Consultant for services directed toward completion of a Facility Plan, including an Infiltration/Inflow Analysis, a Sevier System Evaluation Survey and a Complete Waste Treatment System Plan, all of which comprise said Facility Plan; and WHEREAS, said Facility Plan has now been completed in accordance with current water quality standards and effluent limitations, and WHEREAS, said Facility Plan has been reviewed by the City and submitted to the Iowa Department of Environmental Quality (IDEQ) and the U.S. Environmental Protection Agency (EPA) for review and approval, and WHEREAS, said Facility Plan includes recommendations for a new water pollution control plant, a new outfall sewer, sewer system rehabilitation work and new trunk and interceptor sewers, and WHEREAS, it is timely for the City to proceed with the design and preparation of plans and specifications for the water pollution control plant and the outfall sewer, and such other improvements set forth in the Facility Plan which may be included by amendment, and WHEREAS, the City desires to make application and receive a Step 2 (Design) federal grant from EPA to fund seventy-five percent (75%) of the engineering and related fees for the design, preparation of plans and specifications and related services for the water pollution control plant and outfall sewer, and for other improvements set forth in the Facility Plan as may be added by amendment, and WHEREAS, the City desires to engage the services of the Consultant for the following Step 2 (Design) services: 1. Design and preparation of plans and specifications, 2. Preparation of a preliminary plan of operation in accordance with Program Requirements Memorandum n77-3 of the EPA Construction Grants Program, 3. Arrangement for subsurface soils investigations of the plant site and along the route of the outfall sewer to be undertaken by a reputable soils testing firm under the direction of the Consultant, -1- aa9 4. Arrange for, by subcontract, a value engineering analysis performed in accordance with 40 CFR 35.926, by an independent firm experienced in value engineering analyses, of the design of the water pollution control plant and excluding the interceptor and collector sewers, 5. Redevelop and modify the City's user charge system, as necessary (40 CFR 35.929-1 through 35.929-3) on the then current financial requirements during preparation of plans and specifications, 6. Assist, as required, in the development of a sewer use ordinance as required by 40 CFR 35.927-4, 7. Development of an industrial cost recovery system, if required, as set forth in 40 CFR 35.928, 35.928-1, 2, 3, 4 and 5, and 35.935-13. 8. Development of an approvable, municipal pretreatment program which shall be in accordance with 40 CFR Part 403 - General Pretreatment Regulations for Existing and New Sources of Pollution published in the Federal Register, Volume 44, No. 210 - Monday, October 29, 1979, and WHEREAS, said Step 2 (Design) services shall be considered complete and finished upon the date of award of construction contracts and shall exclude any services beyond that date for general services during construction, resident review and construction staking, final plan of operation, plant startup and operator training and any other services normally associated with ,the Step 3 (Construction) phase and not specifically included herein. NOW, THEREFORE, it is hereby agreed by and between the parties to the Agreement that said Agreement is amended by adding the following paragraphs and subparagraphs relative to engineering and related services during the Step 2 (Design) phase. "GENERAL 1. It is understood and agreed that the project referred to herein shall include the new water pollution control plant and outfall sewer described in the aforementioned Facility Plan, and in accordance with any addenda and/or amendments to said Facility Plan. It is further understood and agreed that the scope of the project may be modified by mutual agreement of the parties hereto to include sewer system rehabilitation work, new trunk and interceptor sewers, in accordance with the rehabilitation work and new trunk and interceptor sewers recommended in said Facility Plan, or other related improvements. 2. The Consultant shall prepare the application and supporting documents for the Step 2 grant and shall prepare all reports and requisitions for payment required by the regulatory agencies relative thereto. Said arant is intended to fund seventy-five percent (75%) of the cost of the engineering and related services concurrent with progress toward completion of Step 2 work on the project. -2- �l It is understood and agreed that the Consultant shall not proceed with - the design of, or preparation of plans and specifications and the preliminary plan of operation, or any other work on the project, until the EPA Step 2 grant offer is accepted by the City and the City issues written notice to the Consultant to proceed with Step 2 services. STEP 2 (DESIGN) GRANT SERVICES 1. Design and Plans and Specifications The Consultant shall perform the following specific services relative to design of the improvements, preparation of plans and specifications and other work necessary for advertising for and taking of bids and awarding of contracts for the Project: a. Conduct design surveys in the field, including information relative to line, grade, topography and other features as are necessary for the design and preparation of plans and specifications for the Project. Design surveys do not include surveys for acquisition of land, easements and rights-of-way. b. Prepare such detailed plans and specifications as are reasonably necessary and desirable for construction of the Project. The specifications shall describe, in detail, the work to be done, the materials to be used and the construction methods to be followed. The plans and specifications shall comply with the requirements of the state and federal regulatory agencies for projects of this type. Plans and specifications shall be submitted to the City and to the regulatory agencies (IDEQ and EPA) for review and approval. The plans and specifications shall be considered complete upon approval by IDEQ and EPA. c. The Consultant shall prepare the outfall sewer plans at a scale of 1"=20' wherever necessary for clarity. This scale shall be used for the plans in the vicinity of the existing water pollution control plant, the crossing of U.S. Highway 6 Bypass, adjacent to the marina on the Iowa River and at other locations mutually agreed upon by the City and the Consultant. The Consultant shall prepare a site plan of the water pollution control plant at such a scale to fit on a 24" x 36" reproducible mylar. During the design period, the Consultant shall provide the City with three sets of plans for review at the completion of each phase of the Project. Determination of phases shall be by mutual agreement of the City and the Consultant based upon a pre -design conference to be held in the offices of the City. In addition, the Consultant shall furnish plans and computations on timely bases for review of structural and other applicable design for compliance with the Uniform Building Code. It is understood that this review or reviews will be accomplished by the City or such agency as it may designate. It is understood and agreed that any charges made by the reviewing agency will be paid by the City. -3- MM The Consultant shall, in the preparation of plans and specifications of the water pollution control plant, adopt such designs that are cost-effective and that optimize the conservation of energy, manpower and natural resources through automation of the plant operations and the use of innovative technology. Upon completon of the plans and specifications and approval of same by all regulatory agencies, the Consultant shall furnish the City with three sets of approved plans and specifications. If requested by the City, the Consultant shall furnish to the City a reproducible mylar of each contract drawing. It is understood that these mylars are in addition to those which will be furnished to show as -built construction following completion of Step 3 construction not provided for in this Amendment. Assist the City in the preparation of notice to contractors and provide plans and specifications for prospective bidders. Have a representative present when bids are opened and prepare a tabulation of bids for the City and advise the City in making awards subject to approval of the regulatory agencies. Following proposal of awards by the City, assist in the preparation of the necessary construction contract documents and secure approval of the regulatory agencies for the City to make final award. Cooperate with an attorney provided by the City; comply with all local, state and federal regulations. The Step 2 grant services under this item shall be considered complete and finished on the day that the City finally awards construction contracts for the project. h. Complete the design and preparation of the plans and specifications, but not the advertising for bids and award of contracts, within six hundred forty (640) calendar days after the City accepts an EPA Step 2 grant offer and issues written notice to proceed to the Consultant to proceed with the services set forth herein. 2. Preliminary Plan of Operation The Consultant shall perform the following specific services relative to a preliminary plan of operation: a. Describe the existing treatment and outfall sewer facilities and the need for the new construction; set forth a brief description of the major components of the new construction. b. Enumerate the operational needs for the new system. Organize the needs and establish target dates for the starting and completing of necessary actions to meet the needs. �E 'WM d. Set forth a guide for preparation of a plan of operation to be completed during the Step 3 phase of the Project. e. Set forth start and completion dates for major components including staffing and training; reports, records, laboratory control; process control and startup; safety; emergency operating plan; maintenance management; operation and maintenance manual; operation budget; and ordinances and reports. f. The preliminary plan of operation will be completed concurrently with the plans and specifications. 3. Subsurface Soils Investigations The Consultant shall engage the services of a reputable soils testing firm to perform subsurface soils investigations at the plant site and along the route of the outfall sewer. The Consultant shall provide suitable maps and drawings showing the locations of the various soil borings and will stake and mark such boring locations in the field. The Consultant shall also provide supervision and administration of the soils investigations as required for proper execution of the work. Subsurface soils investigations shall include the following: a. Provide soil borings along the route of the outfall sewer to show soil descriptions at various depths of bore, elevations of water table and rock profile. Summarize the results of the test borings in a written report. b. Provide test drilling and sampling at the water pollution control plant site using a helical -type power auger in accordance with procedures set forth in ASTM D1452; sample soils with split -spoon in accordance with ASTM D1586 and/or thin-wall Shelby tube in accordance with AS -RI D1587. Conduct standard penetration tests at each hole in the field. c. Establish a soil profile of the site. d. Laboratory test representative samples for unconfined compressive strength, moisture content and sample dry weight densities; classify soil types by observation of auger cuttings and undisturbed samples. e. Establish bearing capacities and settlement characteristics for design of foundations. f. Provide soil borings in the area of the storm water retention pond to provide design information as to the suitability of the soils for lagoon construction, groundwater elevation and other pertinent information; provide recommendations as to any treatment necessary for sealing of bottom of lagoon. Provide for completion of soils investigation and written reports for timely completion of design and preparation of plans and specifications. -5- 4. value Engineering Analysis The Consultant shall provide for a value engineering analysis in accordance with 40 CFR 35.926 and subcontract with an independent firm experienced in such analyses of the design of the water pollution control plant. The consultant shall provide for precoordination of the value engineering activities; prepare a design outline for materials, equipment and processes proposed; provide a detailed cost estimate, by unit, early in the design and prior to VE workshops, provided for herein; prepare for and attend two VE workshops led by the subcontractor; provide review and response to the workshop findings; coordinate differences between proposed design and workshop findings; attend meetings and conferences with the City and the subcontractor and prepare necessary correspondence. The value engineering subcontractor shall provide the following services to the Consultant: a. Conduct a VE analysis for cost control and protection of financial resources relative to the design and construction of the water pollution control plant portion of the Project. Conduct two VE workshops, one at 20-25% completion of the plans and specifications and the other at 50-60% completion, each designed to evaluate unit processes, site arrangements and approaches to specific design areas. It is understood that the second workshop will involve greater detail than the first and will be directed toward specific design aspects including piping, equipment, electrical, structural and heating, ventilating and air-conditioning aspects. c. Prepare a written report following each workshop to set forth those areas where cost savings can be realized without detriment to quality and reliability of the project. d. Provide oral presentations to the City, Consultant and regulatory agencies following each workshop. e. Coordinate implementation of the report recommendations with the City and Consultant. f. The value engineering activities will be completed in a timely manner so as to permit completion of plans and specifications within the time set forth in l.h. 5. User Charge System The Consultant shall review the user charge system previously developed by the City for funding the operation and maintenance of the existing collection and treatment facilities. The Consultant shall recommend such changes, in coordination with the City's staff, as are necessary to reflect the following: -6- OU9 a. The increased cost of operation and maintenance for the new facilities. b. Funding of debt service costs for the new facilities. c. The annual funding requirement to provide for replacements of the new facilities. d. Any changes in requirements for user charges promulgated by IDEQ and/or EPA. e. The City may perform such computations and other services relative to user charge system as it deems proper. f. The Consultant shall complete the user charge system services concurrently with completion of the plans and specifications. 6. Sewer Use Ordinance The Consultant shall review the sewer use ordinance provided for in 40 CFR 35.927-4 and previously prepared by the City; the Consultant shall make such changes in said ordinance as may be directed by the City or by IDEQ and EPA. The City may perform such services relative to changes in the sewer use ordinance as it deems proper. The Consultant shall complete the services regarding the sewer use ordinance concurrently with completion of the plans and specifications. 7. Industrial Cost Recovery System The Consultant shall develop an industrial cost recovery system provided for in 40 CFR 35.928, as follows: a. Determine the industrial users in accordance with 40 CFR 35.905. b. Calculate industrial users' share of costs based on factors significantly affecting the cost of the treatment works. c. Determine the industrial cost recovery period. d. Determine frequency of payments by industries affected by the industrial cost recovery system. e. Provide for and calculate, if any, additional payments for total reserve capacity for industrial wastes in the treatment works. f. The industrial cost recovery system shall be developed by the Consultant concurrently with completion of the plans and specifications. -7- Aa9 8. Pretreatment Program The Consultant shall develop a pretreatment program consistent with 40 CFR 403 which shall include the following: a. Perform an industrial survey, including identification of system users, the character and volume of pollutant discharge, type of industry and location. b. Evaluation of legal authority, including adequacy of enabling legislation in selection of mechanism, to be used for enforcement of a pretreatment program. c. Evaluation of financial programs and other revenue sources to insure adequate funding to carry out the pretreatment program. d. Determination and development of technical information necessary to support the drafting of a control document for enforcement of pretreatment standards. e. Design of a monitoring enforcement program. f. Determination of pollutant removals by the treatment facilities. g. Determination of the costs for pollutants entering the treatment works which interfere with the operation of equipment for sludge processing or disposal. h. Determination of required monitoring equipment for the treatment facilities. i. Determination of municipal facilities to be constructed for monitoring and analysis of industrial wastes. j. The Consultant shall provide for laboratory analyses of wastewater sludge samples as required by Schedule R2A of the Treatment Facility Construction Permit Application of IDEQ. The Consultant shall arrange. for collection of the wastewater sludge samples, transporting of the collected samples to a laboratory and the laboratory analysis required. k. The Consultant shall complete the work for the pretreatment program concurrently with completion of the plans and specifications. The EPA rules and regulations at the time of preparation of this Amendment are tentative. It is understood and agreed that in the event rules and regulations are changed in the future, the scope of services and compensation for the work set forth herein may be modified, as mutually agreeable to the parties hereto, to suit the then current rules and regulations. so IRa9 SPECIAL CONDITIONS The following special conditions shall apply to this Amendment: 1. The Consultant shall subcontract for not less than five percent (5%) of the fees for services under this Amendment to a Minority Business Enterprise (MBE) capable of performing such services. Said services may include field and design surveys, design computations and/or preparation of plans for the outfall sewer or the water pollution control plant. The subcontract and the utilization of the MBE shall be in accordance with the provisions of 40 CFR 35.936-7 and the constructions grants notice of EPA Region VII of March 21, 1979, entitled IMPLEMENTATION OF POLICY FOR INCREASED USE OF MINORITY CONSULTANTS AND CONSTRUCTION CONTRACTORS. 2. The provisions of Appendix C-1, required by 40 CFR 35.937-9(c) and attached hereto, are hereby incorporated by reference and made a part hereof and shall be adhered to by the Consultant. Should any provisions in Appendix C-1 conflict with any other provisions, Appendix C-1 shall control. 3. The Consultant shall provide qualified personnel, equipment, subcontractors and facilities necessary to complete the services outlined herein. All services set forth in this Amendment will be performed by the Consultant or under his supervision and all personnel engaged in the services will be fully qualified. 4. The Consultant shall not commit any of the following employment practices and agrees to include the following clauses in any subcontract: a. To discharge from employment or refuse to hire any individual because of race, sex, color, religion, national origin, sexual orientation, marital status, age or disabilty unless such disability is related to job performance of such person or employee. b. To discriminate against any individual in terms, conditions or privileges of employment because of race, sex, color, religion, national origin, sexual orientation, marital status, age or disability unless such disability is related to job performance of such person or employee. 5. Should the City abandon the Project, or any task therein, before the Consultant has completed the work, the Consultant shall be compensated for the work and services performed to the date of written notice of abandonment. Compensation shall be on the basis of the sum of Direct Labor Cost, other Direct Costs and Indirect Costs incurred to that date plus a percentage of the fixed fee based on the percentage of work completed for the task so abandoned. 6. It is understood and agreed that the employment of the Consultant by the City for the purposes aforesaid shall be exclusive, but the Consultant shall have the right to employ such assistants as he may deem proper in the performance of the work subject to the approval of the City. The Consultant shall provide special services upon written request of the City. Said services shall include land surveys, computations and legal descriptions as are required to permit the City to purchase land and/or acquire easements and rights-of-way for construction and any other special services the City may request. It is understood that such special services are generally not eligible for grant participation. It is understood and agreed that the Consultant shall bill the City separately for these special services on the same basis as provided for herein for other services and that the City shall pay for the services as herein specified for other services provided for in this Amendment. The Consultant shall furnish the City with certificates of insurance by an insurance company licensed to do business in the State of Iowa stating that the insurance cannot be cancelled or materially altered without giving the City at least thirty (30) days written notice by registered mail, return receipt requested, for the following specific coverages: Personal injury accident and/or death and property damage. The coverage provided shall be $250,000 each personal injury accident and/or death, £500,000 each aggregate personal injury accident and/or deaths and $50,000 for each property damage accident. b. Errors and omissions coverage in the amount of not less than $500,000. c. Workmen's compensation in the amounts required by law. This Amendment, and each and every portion thereof, shall be binding upon the successors and assigns of the parties hereto. COMPENSATION FOR STEP 2 SERVICES The City shall compensate the Consultant for the work performed under Step 2 (Design) services based upon the actual costs incurred plus a fixed fee in accordance with EPA Forms 5700-41 (2-76) with attachments, attached to and made a part of this Amendment. The actual cost and the fixed fee for each component of the work to be done shall be as shown hereinafter. Should the scope of application, change exceed the amounts between the parties issued by EPA befor the City. the work, as defined herein and on the grant and require the costs of performing the work to shown herein, a further amendment shall be negotiated hereto and must be approved by grant amendment such change in costs be approved and authorized by -10- 3. The Consultant shall submit monthly invoices proportional to total project services completed. Invoices shall be due and payable upon receipt and shall be paid by the City within thirty (30) days from date of receipt of invoice. Invoices shall be itemized against each of the eight (8) tasks in this Amendment and for special services. 4. Final payment will be made based on actual work accomplished, subject to the conditions set forth herein, and written notice by the Consultant to the City of completion of the services for the Project. 5. The fees of the Consultant shall be based on the costs of (1) Direct Labor Cost, (2) Indirect Costs, which constitute allowable overhead, (3) other Direct Costs, which constitute expenses of the Consultant, and (4) a Fixed Fee which is a percentage of the sum of (1), (2) and (3). For purposes of this Amendment, it is understood and agreed that the Indirect Costs (overhead) have been established at one hundred fifty percent (150%)of direct labor. It is further understood and agreed by the parties hereto that the ratio of 150% is subject to upward or downward adjustment during the course of the Project, or after Project completion, depending upon the results of an audit, or audits, of the operations of the Consultant by the Audit Division of EPA, Region VII. Following such audit, or audits, the fees paid, or to be paid, will be adjusted accordingly. The purposes of fee computations, the term Direct Labor Cost shall refer to the actual hourly wages, including hourly overtime wages, paid to persons employed on an hourly basis or, in the case of persons employed on an annual basis, the Direct Labor Cost shall be that person s annual salary, without bonuses or pension allowances or any other benefits paid to or on behalf of the person, divided by 2,080. It is understood and agreed that the hourly rates shown on the Forms 5700-41, attached hereto, were used to develop a maximum fee and the actual hourly rates charged may vary upward or downward from those shown depending upon the actual rates paid to the employees involved in the work. It is further understood that the rates shown are intended to be applicable at the midpoint of completion of the tasks set forth in this Amendment. The term Indirect Costs, which constitute allowable overhead, shall include indirect salaries, group insurance, payroll taxes, pension plan, rent, utilities, office supplies and expense, engineering supplies and expense, postage and freight, repairs and maintenance, telephone excluding toll charges under this Amendment, professional card listings, library costs, dues and licenses, recruiting and education, administrative travel, miscellaneous administrative expense, computer fees, legal and accounting, amortization, depreciation and operating insurance. It is understood and agreed that Indirect Costs shall specifically exclude contact and sales expense, entertainment, interest expense, truck and auto expense, long distance telephone calls under this Amendment and partners' life insurance. -11- aa9 6. The maximum actual costs and the fixed fees for each component of the services set forth herein and as shown on Forms 5700-41, with attachments, shall be as follows: a. For design and plans and specifications for the water pollution control plant, the maximum amount chargeable for the actual costs incurred for Direct Labor, Indirect Costs and other Direct Costs, but excluding the fixed fee, is One Million, Three Hundred Forty-eight Thousand, Eight Hundred Seventy Dollars ($1,348,870). The fixed fee for design and plans and specifications for the water pollution control plant is Two Hundred Thirty-six Thousand, One Hundred Thirty Dollars ($236,130). For design and plans and specifications for the outfall sewer, the maximum amount chargeable for the actual costs incurred for Direct Labor, Indirect Costs and other Direct Costs, including a subcontract, but excluding the fixed fee, is One Hundred Eighty-eight Thousand, Four Hundred Twenty-five Dollars ($188,425). The fixed fee for design and plans and specifications for the outfall sewer is Eighteen Thousand, Seventy-five Dollars ($18,075). For the preliminary plan of operation, the maximum amount chargeable for the actual costs incurred for Direct Labor, Indirect Costs and other Direct Costs, but excluding the fixed fee, is Two Thousand, Eight Hundred Fifty-eight Dollars ($2,858). The fixed fee for the preliminary plan of operation is Five Hundred Two Dollars ($502). For soils investigations, the maximum amount chargeable for the actual costs incurred for Direct Labor, Indirect Costs and other Direct Costs, including a subcontract, but excluding the fixed fee, shall be Nineteen Thousand, Ten Dollars ($19,010). The fixed fee for soils investigations shall be Eight Hundred Ninety Dollars ($890). For value engineering for the water pollution control plant, the maximum amount chargeable for the actual costs incurred for Direct Labor, Indirect Costs and other Direct Costs, including a subcontract, but excluding the fixed fee, shall be One Hundred Sixteen Thousand, Three Hundred Fifty-two Dollars ($116,352). The fixed fee for value engineering shall be Ten Thousand, Two Hundred Forty-eight Dollars ($10,248). To redevelop and modify the user charge system, the maximum amount chargeable for the actual costs incurred for Direct Labor and Indirect Costs, but excluding the fixed fee, is Three Thousand, Two Hundred Ninety-seven Dollars ($3,297). The fixed fee for. the user charge system is Five Hundred Seventy-three Dollars ($573). For the sewer use ordinance, the maximum amount chargeable for the actual costs incurred for Direct Labor and Indirect Costs, but excluding the fixed fee, is Two Thousand, Three Hundred Fifty-seven Dollars ($2,357). The fixed fee for the sewer use ordinance is Four Hundred Thirteen Dollars.($413). -12- M AGREEMENT BETWEEN VEENSTRA AND KIMM AND STANLEY CONSULTANTS, INC. THIS AGREEMENT, made this day of , 1980, by and between VEENSTRA AND KIMM, hereinafter called the CONSULTANT and STANLEY CONSULTANTS, INC., of Muscatine, Iowa, a corporation organized and existing under the laws of the State of Iowa hereinafter called STANLEY. WITNESSETH: THAT, whereas the CONSULTANT is involved in the development of a program of water pollution control to comply with the requirements of State and Federal Water Pollution Control agencies for the City of Iowa City; and THAT, whereas the CONSULTANT has need of professional services in connection with the execution of a portion of its agreement pertaining to Value Engineering; NOW, THEREFORE, the CONSULTANT and STANLEY in consideration of the mutual covenants hereinafter set forth agree as follows: ARTICLE I - PROFESSIONAL SERVIC STANLEY agrees to furnish all services described in Exhibit A, herewith attached. ARTICLE II - COMPENSATION For services enumerated under Article I above, it is agreed between the parties that compensation will be on a "cost -plus -fixed -fee" basis. A. The estimated cost reimbursement is $54,068.00. The fixed fee established and collectible in accordance with this contract is $8,651.00. The maximum total compensation (cost -plus -fixed -fee) payable to STANLEY by the CONSULTANT under this Agreement shall be $62,719.00 B. Payment for services shall be due and made in two separate installments upon the submission of the written reports prepared subsequent to the two workshops defined in Exhibit A. Within 30 days following the submission of each of the referenced reports, STANLEY will submit to the CONSULTANT a written invoice describing project labor costs and reimbursable project costs and expenses. 2. On the CONSULTANT's acceptance of each of the above invoices, the CONSULTANT shall pay STANLEY the invoiced amount plus 50 percent of the agreed-upon fixed fee. If an invoice is not acceptable, the CONSULTANT shall promptly provide STANLEY a clear statement regarding its ineligibility or the deficiencies to be eliminated prior to acceptance and processing. Page 1 of 2 a�s- ARTICLE III - GENERAL TERMS AND CONDITIONS A. Exhibit B, herewith attached, and otherwise identified as U.S. EPA Appendix C-1, "Required Provisions - Consulting Engineering Agree- ments" (Federal Re ister, Volume 43, No. 188 - Wednesday, September 27, 197 shall apply in its entirety to this Agreement except as modified and amplified by the following: 1. The terms "Drawings," "Designs," and "Specifications" as used in Exhibit B shall not apply to this Agreement due to the unique nature of a Value Engineering study. 2. Section 7 - Payment: Page 44092 - The payment schedule shall be as outlined in this Agreement. B. Exhibit C, herewith attached, and otherwise identified as EPA Form 5700-41 (2-76), "Cost or Price Summary Format for Subagreements Under U.S. EPA Grants" shall apply to this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized officers the day and year first above written. VEENSTRA AND KIMM CONSULTING ENGINEER FOR THE CITY OF IOWA CITY, IOWA ATTEST: By: By: STANLEY CONSULTANTS, INC. an Iowa Corporation ATTEST: By. Vice Pre s•dent By:��. Assistant Secretary 6 KMB:bc:9CS-115 (Revised 12/21/79) Attachments Page 2 of 2 0274 EXHIBIT A SCOPE OF SERVICES FOR AN AGREEMENT BETWEEN VEENSTRA AND KIMM AND STANLEY CONSULTANTS, INC. This Scope of Services pertains to the performance of Value Engineering Studies relative to the design of the Wastewater Treatment Plant for the City of Iowa City, Iowa. The studies will be conducted in accordance with EPA Manual 430/9-76-008 - "Value Engineering Workbook for Construction Grant Projects MLD -29." The Study will basically consist of two workshops each followed by oral presentations to the CONSULTANT and representatives of their client and interested regulatory agencies. Summaries and recommendations evolving from the Study will subsequently be incorporated into a preliminary written report. Specific work tasks which will be performed during the Study are identified as follows, in order of sequence: A. The Team Coordinator will gather, collect, and collate information prior to Workshop No. 1. This information will include consideration of the Step I selected plan and preliminary data supplied by the CONSULTANT. B. Workshop No. 1 will be conducted at the approximate 20 to 25 percent design level and will be performed by the Team Coordinator (a mechanical/ construction engineer); a cost estimator; and one engineer each from the civil, HVAC, electrical, and structural disciplines. Mr. Larry W. Wilson is proposed as the Team Coordinator for this project. This workshop will last for approximately 40 hours and will consider unit processes, site arrangements, and approaches to specific design areas. An oral presentation will be made to the CONSULTANT and other represen- tatives at the conclusion of the workshop. C. Additional information will be gathered by the team members and an interim written report reflecting the results of Workshop No. 1 will be prepared and submitted to the CONSULTANT. Senior engineers and consultants will review this information prior to its submittal. D. The Team Coordinator and selected team members will coordinate the implementation of the report recommendations with the CONSULTANT and representatives of the client. E. The Team Coordinator will consult with the CONSULTANT and will gather and collate additional information required prior to Workshop No. 2. A - Page 1 of 2 aq77 F. Workshop No. 2 will be conducted at the 50 to 60 percent approximate design level and will be staffed similarly to Workshop No. 1. (With few exceptions, the same personnel will participate in both workshops.) This workshop will also last for approximately 40 hours and will consider the specific design aspects of the project (i.e., piping, equipment, HVAC, electrical, structural, etc.). Again, an oral presentation summarizing the results of the workshop will be made to the CONSULTANT and other representatives at the conclusion of the workshop. G. As specified in Item C above, a preliminary written report will be prepared summarizing the results of the VE Study and presenting recommendations. This report will be submitted to the CONSULTANT. H. As specified in Item D above, the preliminary report recommendations will be coordinated as necessary with the CONSULTANT. The team Project Manager will coordinate the overall administration of the project. A- Page 2of 2 a7� EXHIBIT B RULES AND REGULAnONS APPENDIX C-1—RaapIR PROy1a10119— CONSptTING ENotxa l vm Ao--axn s 1. General 2. Responsibility or the Englneer 3. Scrape of Work 4. Changes 5. Termination 0. Remedies 7. Payment 8. Project Design 0. Audit; Access to Records 10. Price Reduction for Defective Cost or Pricing Data 11. SubconLracU 12. Labor Standards 13. Equal Employment Opportunity 14. Utilization of Small Or Minority Bust - new 15. Covenant Against Contingent Fees 15. Gratuities 17. Patents 18. Copyrights and Rights In Data I. GANEH6L (a) The ownei and the engineer agree that the following provisions apply to the EPA grant -eligible work to be performed under this agreement and that such provisions su- persede any conflicting provisions of this agreement. (b) The work under this agreement is funded In part by a grant from the U.S. En. viromnertal Protection Agency. Neither the United States nor the U.S. Environmental Protection Agency (hereinafter, "EPA") is a party to this agreement. This agreement which coven grant -eligible work Is subject to regulations contained In 40 CFR 35.938, 35.937, and 35.939 In effect on the date of execution of this agreement. As used In these clauses, the words "the date of execu- tion of this agreement" mean the date of execution of this agreement and any subse- quent modification of the terms, compensa- tion or scope of services pertinent to unper- formed work. (c) The owner's rights and remedies pro- vided in these clauses Are In addition to any other rights and remedies provided by law or this agreement. 2. RESPONSIBILITY OP THE ENGINE (a) The engineer shall be responsible for the professional quality, technical Mcureey. timely completion, and the coordination of all designs, drawings- speclflcatlons, reports, and other services furnished by the engi- neer under this agreement. The engineer shall. without additional compensation, cor. rect or revise any errors, omissions, or other deficiencies In his designs, drawingsJspecifl- cations, reports. and other serviCaS. (b) The engineer shall perform such pro- fessional services as may be necessary to ac. complish the work required to be performed under this agreement, In accordance with this agreement and applicable EPA require- ments In effect M. the date of execution of this agreement. (c) The owner's or EPA's approval of drawings, designs, specifications, reports, and Incidental engineering work or materi- als furnished hereunder shall not in any way relieve the engineer of responsibility for the technical Adequacy of his work. Nei- ther the owner's not EPA's review, approval or acceptance of, nor payment for, any of the services shall be construed to operate As a waiver of any rights under this agreement 44091 or of any owe of Action arlaing out of the performance of this agreement. (d) The engineer shall be and ahall remain liable, In Accordance with Applicable law, for an damages to the owner or EPA caused by the engineer's negllgent performance of any of the services furnished under this agree- ment. except for errors, omissions or other deficiencies to the extenL attributable to the owner, owner-furnlahed data or any third party. The engineer shall not be responsible for Any time delays In the project caused by cireumstancca beyond the englneeer's con. trol. Where Innovative processes or tech- niques (see 40 CFR 35.900) Are recommend- ed by the engineer and Are used, the engi- neer shall be liable only for grow negligence to the extent of such use. s. SCOPa or W onx The services to be performed by the engi- neer shall Include all services required to complete the task or Step in Accordance with applicable EPA regulations (40 CFR Part 35, Subpart E In effect on the date of execution of this agreement) to the extent of the scope of work As defined and set out In the engineering aervims agreement to which these provisions Are attached. 4. CRANGa9 (a) The owner may, at any time, by writ- ten order. make changes wlthill the general Scope of this agreement In the services or work to be performed. If such changes cause an Increase or decrease In the engineer's cost of, or time required for, performance of any services under this agreement, whether or not changed by Any order, an equitable adjustment shall be made and this agree- ment shall be modified In writing according- ly. The engineer must avert any claim for adjustment under this clause In writing within 30 days from the date of remlpt by the engineer of the notification of charge, unless the owner grants a further period of time before the date of final payment under this agreement: (b) No Services for which an additional compensation will be charged by the Pngl- neer shall be furnished without the written authorization of the owner. (e) In the event that there Is a modifies - tion of EPA requirements relating to GIe services to be performed under thb Agree- ment after the date of execution of this agreement, the Increased or decreased cost of performance of the services provided for In this agreement shall be reneeted In An appropriate modlflcatlon of this agreement. 5. Tx1N1NAT10N (a) Either party may terminate this agree- ment. In whole or In part. In writing, If the other party Substantially falls to fulfill Iia obligations under this agreement through no fault of the terminating party. However, no such termination may be effected unless the other party is given ( U not less than Len (10) calendar days written notice (delivered by certified mail, return receipt requested) of Intent to terminate and (2) an opportuni- ty for consultation with the terminating party before termination. (b) The owner may terminate this agree- ment, in whole or In part. In writing, for Its convenience, If the termination is for good cause (such As for legal or financial ressolu, major changes In the work or program re quiremenls, initiation of a new step) And the engineer Is given (1) not leas than Len (lo) calendar days written notice (delivered by fEDEM REGISTER, VOL V. No. 188—WEDNESDAY, SE"EMAU 27, 1978 R - Paoe 1 of 3 a,7t? 44092 certified mall, return receipt requested) of intent to terminate. and (2) an opportunity for conau)tation with the terminating party before termination. (c) If the owner terminates for default, an equitable "ustment in the price provided for to this agreement shall be made, but (1) no amount shall be allowed for anticipated profit on unperformed services or other work, and (2) any payment due to the engl. neer at the time of termina los may be ad- justed to the extent of any addltlonal costa the owner Incurs because of the engineer's default. If the engineer terminates for de- fault or If the owner terminates for conven- lance. the equitable adlustment shall In- clude a reasonable profit for services or other work performed. The equitable ad- Justment for any termination shall provide for payment to the engineer for services rendered and expenses Incurred before the termination. In addition to termination set- tlement costs the engineer reasonably liners relating to commitments which had beoutne firm before the termination. (d) Upon receipt of a termination action render paragraphs (a) or (b) above, the engl- mer shall (1) promptly discontinue all ser. vioes affected (unix the notice directs oth- .-Ise), and (2) deliver or otherwise make available to the owner W data, dmwlrw, xpe•1rlc.tu,ns� reports, estimates, 51 -- les. and such other Inlortn.a lon and materl- aL wa the erisineer may have accumulated in performing this agreement, whether com. pleted or In process. (e) Upon termination under paragraphs (a) or (b) above, the owner may take over the work and prosecute the same to comple- tion by agreement with another party or otherwkae. Any work the owner takes over fog completion will be completed at the owneYs rhk4 and the owner will hold harm- less the engineer from all claims and dam- ais arising out of Improper use of the engi- noWs work. (f) if, after termination for failure of the engineer to fulfill contractual obligations, It Y determined that the engineer had not so falfed, the termmaLlon shall be deemed to have beery effected for the mnvenlence of the owner. In such event, adjustment of the price provided for In this agreement shall be made as paragraph (e) of this clause Pro- vides. a. RL®rL Except as this agreement otherwise pro- vides, all claims, counterclahn&, disputes. and other matters In question between the owner and the engineer arising out o1 or re - Latins to this agreement or the breach of It will be decided by arbitration If the parties hecto mutually agree, or in a court of com. petent Jurisdiction within the State In which the owner to located. r. PArrmrr (a) Payment shall be made In accordance with the payment schedule Incorporated In this agreement as soon as practicable upon Nlxalaslon of statements requesting pay- ment by the engineer to the owner. If no et., -h payment schedule is Incorporated In this agreement, the payment provisions of paragraph (b) Of this clause &hall apply. (b) The engineer may request monthly p1 093 payments and the owner &hall cake them as sow as practicable upon aub. MINSOM of statements requesthxg payment by the engineer W the owner. When such progress payments are made, the owner may RULES AND REGULAT)ONS withhold up to ten (10) percent of the vou- chered amount until satisfactory completion by the engineer of work and services within a step called for under this agreement. When the owner determinee that the work under this agreement or arty specified task hereunder Is substantially compleW and that the amount of retained percentages Is In excess of the amount considered by him to be adequate for his protection, he shall release to the engineer such excess amount. (c) No payment request made under parc- h (a) or (b) of this clause shall exceed t e estimated amount and value of the work d services performed by the engineer der this agreement. The engineer shall pare the es[hnates of work performed d shall supplement them with such sup. rting data as the owner may require. d) poo satisfactory completion of the w rformed under this agreement, as a inn n precedent to final payment under this agreement or to settlement upon termi- nation of the agreement, the engineer ehW execute and deliver to the owner a r_lesse of all cle.lma against the owner arising under or by virtue of this agreement, other than such claims, if any, ea may be specifically exempted by the engineer from the oper- ation of the release In stated amounts to be set forth therein. ■. PROJaIrr DrElux Is) In the performance of this agreement, the engineer shall, to the extent practicable, provide for maximum use of structures, ma- chines, products, materials, construction methods, and equipment which are readily available through competitive procurement• or through standard or proven production techniques, methods, and procesma, consist- ent with 40 CFR 34.936-3 and 36.936-13 In effect on the date of execution of this agree- ment, except to the extent to which innova• tive technology may be used under 40 CFR 36.908 In effect on the date of execution of this Agreement. (b) The engineer &hall not, In the perform- ance of the work under this agreement, pro- duce a design or epeclllcation which would requite the uae of structure*, machines• products• materials, construction methods, equipment• or processes which the engineer knows to be available only from a sole source• unless the engineer has adequately justifled the use of a Role source In writing. (c) The engineer shall not, in the perform- ance of the work under this agreement, pro- duce a design or specification which would be restrictive In violation of sec. 204(x)(8) of the Clean Water Act. This statute requires that no specification for bids or statement of work shall be written In such a manner as to contain proprietary, exclualomuy, or dis- criminstory requirements other than those based upon performance, unless such m- qulrements are necessary to test or demon- strate a specific thing, or to provide for nm - es ary interchangeability of parts and equipment, or at least two brand names or trade names of comparable quality or utility are listed and are followed by the words "or . equal." With regard to materials, If a single material Is specified, the engineer must be prepared to substantiate the basis for the selection of the material (d) The engineer -hall report W the owner any Rolesouroe or restrictive design or apecl- flcation giving the reason or reasons why It. is necessary to restrict the design or speclfl- cation. (e) The engineer &hall not knowingly specify or approve the performance or work at a facility which is In violation of clean air or water standards and which la listed by the Director of the SPA Office of Pederal Activities under 40 CFR Part Ib. 9. AonrT ACCESS To RACORLA (a) The engineer shall maintain books, records, documents, and other evidence ell. recLly pertinent to perform nae on EPA grant work under this Agreement In accord. ance with generally accepted accounting principles and practices consistently ap- plied, and 40 CFR 30.605, 30.806, and 36.936- 7 In effect on the date of execution of this agreement. The engineer shall also main- tain the financial Wormatlon and data used by the engineer in the preparation or sup. port of the met submission required under 40 CFR 36.937-8(b) In effect on the date of execution of this agreement and a copy of the coat summary submitted to the owner. The U.S. Environmental Protection Agency, the Comptroller General of the United States, the U.S. Department of Labor, owner, and [the State water pollution con- trol agency) or any of their duly authorized representatives &hall have access to such books, records, documents, and other evl. dence for Inspection- audit, and copying. The engineer will provide proper facilities for such access and Inspection. (b) The engineer agrees to Include para- graphs (a) through (e) of this clause In all his contracts and all tier subcontracts di- rectly related to project performance that are In excess of $10,000. (c) Audits conducted under this provision shall be In accordance with generally ac- cepted auditing standards and established procedures and guidelines of the reviewing or audit agency(les). (d) The engineer agrees to the dlaclmure of all Information and reports resulting from access to records under Paragraphs (a) and (b) of this clause, to any of the agencies referred to In paragraph (a), provided that the engineer Is afforded the opportunity for an audit exit conference and an opportunity to comment and submit any supporting doc. umentation on the pertinent portions of the draft audit report and that the final audit report will Include written comments of res- Ronable length. If any, of the engineer. (e) The engineer &hall malnLaln and make available records under paragraphs (a) and (b) of this clause during performance on EPA grant work under this agreement and unit] 3 years from the date of final EPA grant payment for the project. In addition, those records which relate to any "Dispute" appeal under an EPA grant agreement, to litigation, to the settlement of claims aria - Ing out of such performanee, or to costs or Items to which an audit exception hes been taken, shall be maintained and made avalla- ble until 3 years after the date of resolution of such appeal. litigation, claim, or excep- tion. 10. PRICa RZDUCrION POR DaDPLTIVa COST OR PRICING DATA (This clause is applicable U the amount of this agreement exceeds 7700,000.) (a) If the owner or EPA determines that any price. Including profit, negotiated In connection with this agreement or any cost reimbursable under this agreement was In- creased by any dgnlfleant sums because the engineer Or any subcontractor furnished In. complete or lnaocunte cast, or pricing data NDOW RRWSTIM, VOL 43, NO. las—WEDNESDAY. SEFTEMW 27, 1478 B - Page 2 of 3 !-M or data not current as certified In his centli- cation of current cost or pricing data (EPA form 5700.41), then such price. cost, or profit shall be reduced accordingly and the agreement ahall be modified In writing to reflect much reduction, 10) failure to agree on a reduction shall be subject to the remedlo clause of this agrmovenL (Note--9fnet the agreerne'nf is subject to redaeftoa Nader this clause by reason of de - Active cost or prieino data mbmitted in conaectiow with certain mbeoatmcts, the "Wiaesr may wish to include a crouse in each su[h rubcanimet Waiting the subcon- huetor to aPyrtsyriafetY tndemntfy the engt- aa,r. If is also a pected that any subcontrac- tor sabkzt to rads iademntflt'afion will Pen- rroQy repair, mbsfaaitafty similar Indemni. fte,tiaa for demectim coat or pricing data re- quired to be submitted by his lower fier sub- coatrsctors.) s r. soaconra M (a) Any subcontractors and outside asso. cyte, or ,,mmitant, required by the engi. neer In ermcaHon with seryieca under this agreement will be limited to much lndlvid- uals or firms as were specifically Identified and agreed to during negotiations, or as the owner speafkany authorizes during the p,da,mi,,, of this agreement. The owner most give prior approval for any substitu- bl" In or addfilon to Such subcontractors, amociaL,a or eonaultanta. (b) The engineer may not subcontract ser- vla, in excess of thirty (30) percent Ior — percent, if the owner and the engi. ester hereby agree) of the contract prim to mubcnnuacton or consultants without the owner's prior written approval. IS. l: aaR STANDAaDa To the extent that this agreement in- voh•n "construction" (ma; defined by the Secretary of labor), the engineer agrees that such construction work shall be subject I, the following labor standards ProvLslons, to the extent applicable: (at Davy -Bacon Act (40 U.S.C. 270a— rMs-1): (b) Contrvct Work Hours and Safety SLrrdarda Act (40 D.H.C. 327-333): lU Copeland Anti-Xickback Act (18 USC. 974): and (d) Executive Order 11246 (Equal Employ- ment Opportunity).- and pportunity):and implementing rules. regulations, and relevant orders of the Secretary of Labor or EPA. The engineer further agrees that thls agreement shall Include and be subject to the "Labor Standards Provisions for Feder- ally Ji sisted Construction Contracts" (EPA toren 5720-4) in effect at the time of execs. tion of this agreement. I x Mu" axvnnrarorr Om0RTmrrrY in y as ex - In 40 CPR ce with 30.� 6, the engineer agrees that he will not discriminate against any employee or applicant for employment because of ram. religion, color, sex. age, or national origin, s4. orntmsnoN or sh • aro utnoarrr RUSYNT38 In smordsD= with EPA policy 23 ex- p,rned W 40 CPR 36.936-7, the engineer a,g s that gtsllfled small business and ml- no,Lty buadxs w enterprises shall bRve the mutmnm practicable opportunity to par - RULES A"D REGULATIONS ticipate In the performance of EPA grant. assisted contracts and subcontracts. IS. cOVOIAIR AGAIner co?c lrcrM rd9 The engineer warrants that no person or selling agency has been employed or re- tained to solicit or secure this contract upon an agreement or undersLanding for a com- mission. percentage, brokerage, or contin. gent fee, excepting bona fide employees. For breach or violation of this warranty the owner shall have the right to annul this agreement without liability or in Its dlscre- tlon in deduct from the contract price or consideration, or otherwise recover, the full amount of such commission, percentage. brokerage, or contingent fee. r a. GMTUITIM (a) If It is found, after notice and hearing, by the owner that the engineer, or any of the engineer's agents or representatives. of- fered or gave gratuities (in the form of en- tertalnment, gifts, or otherwise), to any offi- cial, employee, or agent of the owner, of the State, or of EPA In an attempt to secure a contract or favorable treatment In award. Ing, amending, or making any determina. tions related to the performance of this agreement, the owner may. by written notice to the engineer. terminate the right of the engineer to proceed under this agree- ment. The owner may also pursue other rights and m,,edles that the law or this agreement provides. However. the existence of the facts upon which the owner bases such findings shall be In issue and may be reviewed In proceedings under the remedies clause of this agreement. (b) In the event this agreement Is termi- nated m provided In paragraph (a) hereof, the owner shall be entitled: (1) To pursue the same remedies against the engineer as It could pursue in the event of a breach of the contract by the engineer, and (2) as a penal- ty, In addition to any other damages to which It may be ent.ltled by law, to exempls- ry damages in an amount (as determined by the owner) which shall be not less than 3 nor mom than 10 times the costs the engl. neer Incurs In providing any such gratuities to any such officer or employee. It. PATEVTa If this agreement Involves research. devel- opmental, experimental, or demorstratlon work and any discovery or Invention arises or is developed In the course of or under this agreement, such Invention or discovery shall be subject to the reporting and rights provisions of subpart D of 40 CFR Part 30, In effect on the date of execution of this agreement. Including appendix B of part 30. In such case, the engineer shall report the discovery or invention to EPA directly or through the owner, and shall otherwise comply with the owner's responsibilities In sccodanm with subpart D of 40 CFR part 3e. The engineer agrees Lhat the disposttlon of rights to Inventions made under this agreement shall be In accordance with the terms and conditlons of appendix B. The en- gineer shall Include appropriate patent pro- ntstos, to achlere the purpose of this con li- tlon in an s,bc uL,,cts Involving research, developmental, experimental, or demonatn- tlan work. is. Cn,ral48La Ana RJGRig IN Dora W The engineer agrees that any planta. drawhsgs, designs, specifications, computer 44093 programs (which are substantially paid for with EPA grant funds), technical reports. operating manuals, and other work submit - Led with a stell I facilities, plan or with a step 2 or step 3 grant application or which are specified to be delivered under this agreement or which ►re developed or pro. duced and paid for Under this agreement (referred to in this clause ss, "Subject Data') are subject to the rights In the Dotted States, ds set forth in subpart D of 40 CFR part 30 and In appendix C to 40 CFR Part 30, in effect on the date of execu. tion of this agreement. These rights Include the right to use, duplicate, and disclose such subject data, in whole or In part, In anY manner for any purpoee whatsoever, and to have others do so. For purposes of this clause, "grantee" is used in appendix C refers to the engineer. If the material is co- pyrightable, the engineer may copyright it, as appendix C permits. subject to the rights In the Government In appendix C. but the owner and the Federal Government reserve a royalty -free, nonexclusive. and irrevocable license to reproduce, publish, and use such materials, In whole or In part, and to autho- rize others to do so. The engineer shall In- clude appropriate provisions to achieve the purpose of this condition In all suix:ontracts expected to produce copyrightable subject data. (b) All such subject data. furnished by the engineer pursuant to this agreement are In- struments of his services In respect of the project. It Is understood that the engineer does not represent such subject data to be sultable for reuse on any other project or for any other purpose. If the owner reuses the subject data without the engineer's spe- cific written verification or adaptation, such reuse will be at the risk of the owner, with- out liability to the engineer. Any such vrr- iflcation or adaptation will entitle the engi- neer to further compensation at rates agreed upon by the owner and the engineer. FEDERAL RMSTER, VOL A, NO. 160—WIFI)N SDA1', SETTEMSER 77, 1178 B - Page 3 of 3 EXHIBIT C COST OR PRICE SUMMARY FORMAT FOR SUBAGREEMENTS UNDER U.S. EPA GRANTS (St.,. nrrumpNnying instructions before rnmplrNnA+ this form) Form Approvl•11 OMR No. l.S,Y'-RUlJJ PART 1 -GENERAL 1. GRANTEE City of Iowa City,_ 2. GRANT NUMBER C1g0830-02 7. NAME OF CONTRACTOR OR SUBCONTRACTOR Veenstra & Kimm Contractor Stanley Consultants, Inc. (Subcontractor) A• DATE OF PROPOSAL December 21 1979 S. ADDRESS OF CONTRACTOR OR SUBCONTRACTOR (Include ZIP code) Subcontractor: Stanley Consultants, Inc. Stanley Building Muscatine, Iowa 52761 6. TYPr OF SENVICE TO Fir FURNISIIrn Professional services for perfor- mance of Value Engineering studies for Iowa City, Iowa, Wastewater Treatment Works. PART II -COST SUMMARY _ T. DIRECT LABOR 15peclly labor celeg0rfes) ESTI- HOURLY ESTIMATED MATED HOURS BATE COST TOTALS Refer to attached pages 3, 4 s S ?`"a DIRECT LABOR TOTAL: S. INDIRECT COSTS rSpeclly Indirect COSI p001e) RATE v BASE = ESTIMATED COST e er to —attached page 7 1of 7 for 70.93 $ 27,789a 19.711 -- determination of overhead percentages INDIRECT COSTS TOTAL: 9 i• 7}'`' i "k 5 1 11 9. OTHER DIRECT COSTS a. TRAVEL . ESTIMATED COST (I) TRANSPORTATION Refer to attached Paoe S Of 7 736 (2) =ER DIE-. Refer to attached page 5 of 7 4,287 TRAVEL SUBTOTAL: 1 _ b. EQUIPMENT, MATERIALS, SUPPLIES (Sped/), celegorlo S) QTY COST ESTIMATED COST Refer to attached page 5 of 7 s s_ 1.545 - EQUIPMENT SUBTOTAL: _ ='+x• '. w., acv• „E 1.545 C. SUBCONTRACTS ESTIMATED COST , } S SUBCONTRACTSSUBTOTAL: rs�7 Pr"yti`s „.. .. $ -- ' d. OTHER (Sped/y cSlegorie SJ ESTIMATED COST S - . OTHER SUBTOTAL:s,.4 "'Ffe4.`-��-- e. OTHER DIRECT COS75 TOTAL: ) , `,ye'- _;, '`+,z_ S.:}'`�{"°3� S6_ 56B +0. TOTAL ESTIMATED COST S 54 068 n, PaoclT S8 6 1 12, TOTAL PRICE 2 71 62.7 1 E PA F orm 5700.41 (2-76) C - Page 1 of 7 PAGE + OF S 'a F'.2- C Afle Nnl �.d�H11I11 EPA Foam 579ad1 (2.761 C - Page 2 of 7 OZ,F3 PART III -PRICE SUMMARY COMPETITOR'S CATALOG LISTINGS, IN-HOUSE ESTIMATES, PRIOR QUOTES MARKET I I PRu.r Il ce cemporie) (lndlcale bens for paon ,i E, "h 44•i`j~'s i"t kti :'.:- 'f'.,,--�.rtA1 f✓ , *PART 5 IV • CERTIFICATIUN5 IL, CONTRACTOR —'— IAA• HAS A FEDERAL AGENCY ORA FEDERALLY CERTIFIED STATE OR LOCAL AGENCY PERFORMED ANY REVIEW OF YOUN PAST TWFLVE MONTHS, ACCOUNTS OR RECORDS IN CONNECTION WITH ANY OTHER FEDERAL GRANT OR CONTRACT WITHIN THE 'X' Y E! r NO (11 •'yeA•' IN,. name eddreaA end telephone number or reviewing orrice) 55415 Defense Contract Audit Agency Minneapolis, Minnesota Minneapolis Branch Office Attention: Mr. John H. Jensen 712 Grain Exchange Building (319)395-3170 400 South Fourth Street I Ab. THIS SUMMARY CONFORMS WITH THE FOLLOWING COST PRINCIPLES 41CFR 1-15.2 and 41CFR 1-15.4 ,Ar. This proposal is submitted for use in connection with and in response to (1) Step 2 - Design Requirement for Iowa City Iowa, (Veenstra and Kimm) _. This is to certify to the best of my know: lite and belief that the cost and p icing data summanzed herein are complete, current, and accurate as of f2) December 21 19]9 and that a financial management capability exists to fully and ;Iccu forlhe financial transactions under this project. I further certify that 1 understand Thal 111L• ratelyaccount Buba price may be subject to downward renegotiation and/or recoupment where the above cast and greement pricing data have been determined, as a result of audit, not to have been complete, current and accurate as of the date above. (3) December 21, 1979 MIGNATURE F PROPOSER LATE OF EXECUTION K. M. Bright, Vice President Stanley Consultants, Inc. TITLE OF PROPOSER IA. GPANTEE REVIEWER I certify that I have reviewed the cost/price summary set forth herein and the proposed costs/price appear acceptable for sNbagreement award. LATE OF EXECUTION SIGNATURE OF REVIEWER J. W. Kirrlm, Partner - Veenstra and Kimm Consultant for Iowa City Iowa TITLE OF RI VIEWER 16. EPA REVIEWER (it applicable) -- DATE OF EXECUTION SIGNATURE OF REVIEWER �l TITLE OF Rr_VIEWER PAGF 20F 5 EPA Foam 579ad1 (2.761 C - Page 2 of 7 OZ,F3 Computed byl.?M.B(IW Date Checked by -------------------- Date ------------------ Reviewed Det./Z/T�o�T_9___ Approved by----------------- Date -------------- Job Nob Page No._-____—___________- Subject -------------------- P4 ------------------- ----------------- Sheet No ------- ____________or_____ ________________ the V E. v.(orks�l,oe 1\ears, w;O be made u? �oll�t�;,g d �S�►P1ir,�a: ZSC-► salont{{ ClusslRicoiioel TCcinr% CC)OClCA10QkOT, �C,ans}��mF.cir,Qogr) %2- \AYAc.`M¢ci7oni16-0( 'fL nyinee.0 11 SVUrkV.fC1 �.r+9incEr _1 II C1�Ii��Snn�1'clrt� G.Rginrc.rx __; 12 ' i 10 C'.aa� f.6i i m alta c F-e�• the �owo. C:�yirea� monkvlacics peo�asol� dsrurno iFt�. �'oll�w;�g•. 1. 1t,1e �oc1�s17o� sessions w4t be ccvircA a.. 1sT 5e.s.s�on � �o -25% comple.ti�n a� �lons o�d �Pe�a - �Durin9 s.cl r„scalY�c.ar _lyao/epi) .so f b, 2—, 5¢sFt'on @_ SQ -`o : cam.pl¢,�tan o Ploys Gnc1 s.;�ec� �l7�cin� Sc.) Fib��l `(¢csr 1�381/B1)� 2. Woca W',be,. c-anJocAcck in deb Mo 1n%s area ne.orb``��, c�QaiunQKic-r-6 lF k�,L 0wnror) OHO ar .PA 6Fi�c�als park,k. 4AC iA thy. Woreslisoy ort*Vic. rrii:.laul orot �cC*6�n}ci1�Cn, ���i tJil4 b�.cx�a�7 0\ }o fcov�� 1rAvzbm4inr0e- �. onc. CS Yh� aboom'I. ,TrleshoeTeorn m,,bnt ror., c,rle CL%11A6✓� Cia 1 rc-�4rn. Co*ca inn}IIr. A`L -I'ni-s �i.n¢ i}'Is 4n�"Nc;Paled fi}se Ce�o \¢ctrl Coacd•;no�at 'A'” b', hrclA by la. Ccx1s�'cu��icn/m®C}�Gt1i<ci� eDgince C1+(r• l.ar.y w:l,on) 4. ki>ATeom.LG,tcl a 6rioroa_1 Lelel z will I i a, yJos14s1so�s vlili� be d.o l,aur: e.4c1a. ; . I -C Page .3 of --7 s�� L 4o h,a6ed 3- 58L�LZ SYNC 4- _ �SKZ? �tjlo� ARril i,aanZ 2 r=ITz)A ' -`-Q C-)+ I-1 iB/18i '1 --35 i0 rZ )x)0.)00 asoy�GrA � ' � j '10>vlISV�7>I�L� 1S00�`o}01"Z oZ os , o£ r' 'aWpS �SI(30�•15'�10}011 ss'o� @0Z '�Z� rF,l �� 19�081.',3trif�ytoy�lyt\ w� s)o0�=�.o•J•jt5-a•O\ 001 � � 19�98��'�V�IotDyd�S\�o�ve��o`O�S�•�s� .6 l 6£I _SHE SLS "SSG "Ebl\- 6��I Fitt Sgll �&5 ;6Ei �(09�5�1 vo�5v�}tib °J •L 7 2t -67- 6I 7Z 6� ZZ lz 6— I 6z S-�to`C%7wr) f' }S s5 gx sr e 'Lz .fie �S8 - Sz i52 (o8�6LJ.djla�aJJC�J'� 0s QS -OS _OS _OS .SSI _51 ,OL- V�:.lib,oabJzV»a--Da o I U„ y�o o.� U, - )0}W�}7JOO�JD1 iYD PW�'E oir ot, oti ab OD' oy i• cl'o�s>I.JOM• •% C of as of o� o� o� � �ac\1lu-a W wbtay J'aa T)tj Di `��U Ua�{n C1 O]U1 JJ�I ( sz- oz azb �tl OriiS Hdvb� a(�O'' '10. 17 x-13 '�`WS 1"��a1S M'>91^I ObQYj. >.19H i ' Y-+ d 91 d O H L X121 Of%\ •. . ------------- -` ------Jo--------- y -------- ON laogg ------------------a;aQ --------------------Cq Paeosddy --------------------------------------------------------------- ryyHrlc 2ic�otrr-!/ ______ __ areaeoU 6L /7 P r-� _ _ �I--- oa, n 6 ------------------ alu(I -------------------Rq Popag0 ------Url I'Zl oloQ AAq paindmoo —�v-soe,obLl,'� j` 3 9 ---------------------- --------_._. ON a8ad - 12 7 ------ -II � °N q°C ,� __--- '• Job No. 6-1-_.-_S?r_L Z_ Page No. --_----.______.._ Computed by_i,M•FSCi1thE_ Date.M/ // Subject __v_ C-------------- Checked by_ -------------------- Date-----'-'------'-- -'--v- -` -----'- Reviewed by_4h-111'/1��L7_- G Date-A(17f---- E Approved by ------------------- Date---------------- Sheet No ------- ---------- of---- 3--------------- � 7ZAN 5�0R.0 ry'i'�o� 1. � L1.3oCC4.rsia'D¢sMoi^9�s¢���ucA--3zomL x z dko 2. On }i\C,Jo4,M lCo4L- -2on,:/doy x sJoy, x Z.-QyO�-Irn� 3. OnmTr,rblip- M,io9ecM.oi+eSQcivlA.-3Zorr: aZ��m c �4 4.Es�.'W�� E.Cvrrt�} \=Y'79�9roiros = $ 23 Z" s. 3}rips by cord no�o.�'}f�ooc Or1k, 32aft" x3xo�,/n; 192 di. 1=s�. BSc o\cA An Y 60/alr:.iu 38 79/80Cekros Spme, a> Q- o)oove Z3Z, Z81/8Z 42 Lo�G�tsc, e. Boa�o k t. `Root -ns �'or 4 �'o�I 5'�Gy� e 3a/doy 900 2. r Gorn �or b•1 c1�1} cho(� 5JI'll e 35/dol lis 3 Meds %v C, Cw s a�o4C Qr2S�c%o 750 K 4. Cw ?.". o-,cdo,\ �_'Z-S/dcul, 25 S. tJ Coal oCur rc�n� FYi9/$o G. 3ci,oyc rnmali by coorkinaioy, ant, 7. fist „tr& for l7Y 50/0I (-a�at \ [3 S -2?-D NQLzt, C0.. e\ Y-79/SOCo\Qt s4rn(o � 1fACc $ 11 Y,So C3. icy )=sco\clicn �o r�(;81/ZL Cn�ros 339 1o�o`�s1�n�aS�� Co��C 1-oclin5 �oarc� 4,287 (2-c.cY1 X Z ZZO I r � Inbrctwex� L. C)X,ino?st- CrnonlhsC�zs/rn�. lsy" i 3'70 �oo 1-1cp.-TIOC REpor�s-loo�9scao`��1. )K. Zo c Q ?I u ttz�CLo rscl%GI�S) 355' - vog93 a 01 K: 3t9 CAY(cm}�;3(ZI iY06) 4.80 1 t �� ► c z ,YiOC`l5�\�MG.'1rc11C.`S 1Ro,�4tn t \`C�JT o> �..�r: L xii6-" tLt @ e SII \ 1p \ 1 I.I-7S- 'TOTAL STANLEY CONSULTANTS STANDARD TWE RATES United States -Office Basad Members Classification Hourly Rates SC -1 SC -2 $ 4:75 SC -3 5.90 Sc -4 6.95 SC -5 8.05 sC-6 9.55 SC -7 11.05 SC -8 12.85 Sc -9 14.90 SC -10 16.90 19.15 SC -I1 SC -12 22.85 29.25 SC -13 36.45 SC -14 45.00 These rates are for office based members in the contiguous United States and are subject to change on or after April 1, 1980. March 8, 1979 C- Page 6of 7 41�f7 n v lL tGl fD V O 0. Direct Time at Standard Time Rates Indirect Costs: Indirect Time at Standard Time Rates (Vacation and Sick Leave not Included) Less: Variance frau Standard (Note 1) Indirect Expenses Less: Unallowable (Nate 2) Adjusted Overhead Note I Distribution of Variance: Direct Time Indirect Tl me Service Operations Time Total Time at Standard Time Rates Computation of Indirect Portion of Variance Note 2 Loss on Accounts Officers' Lire Insurance Contributions b Cormnnity Activities Advertising Discounts Taken Total Unallowable Costs STANLEY CONSJLTANTS, INC. COMPUTATION OF A)JUSTED OVERHEAD THREE YEAR AVERAGE Fiscal Year Ended 4-02-77 After Audit R of Amount Direct Tine S 7,542,551 100.00 $ 3,478,321 Fiscal Year Ended 4-01-78 After Audit % of Aimunt Direct Tim S8,111,199, 100.00 $ 3,665,504 Fiscal Year Ended 3-31-79 After Audit % of Aimunt Direct Tim $10,192,361 $ 3,699,189 100,079 114,366 (33,758) $ 3,378,242 44.78 $ 3,551,138 43.78 S 3.732,947 36.62 S 2,280,385 S 2,655,147 $ 3,033,641 114,528 97,079 86,180 $ 2,165,857 28.72 S 2,558,068 31_54 $ 2.947,461 28.92 S_5,544 ,099 75.50 S 64109,206 75.32 S 6,680,408 65.54 S 7,542,551 66.51 3,478,321 30.67 319,178 2.82 $11,340,050 100.00 30.678 x $326,308 - $100,079 S 73,176 2,054 23,809 11 ,772 3,717 $ 114,528 S 8,111,199 66.78 3,665,504 30.16 368,803 3_04 $12,145,506 100_00 30.188 x $378,946 - $114,366 S 48,108 2,727 29,738 13,943 2,563 S 97,079 Certification: I certify that the foregoing is in accordance with the accounts of Stanley Consultants, Inc., which accounts are maintained in accordance with generally accepted accounting principles and audited by MCGI ad rey, Hansen, Dunn L Company, certified public accountants. Asslztownlr Ireasurer a 1,919 Data $10,192,361 70.20 3,699,189 25.46 627,084 4.32 $14,518,634 100.00 25.488 x ($132,488) - ($33,758) 5 50,000 (8,306) 28,924 9,628 5,934 S 86,180 Three -Year Average - 70.93% /Ceo IW4 RESOLUTION NO. 80-158 RESOLUTION TO ISSUE CIGARETTE PERMITS WHEREAS, the following firms and persons have made appli- cation and paid the mulct tax required by law for the sale of cigarettes and cigarette papers; therefore, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the applications be granted and the City Clerk be and he/she is hereby directed to issue a permit to the following named persons and firms to sell cigarette papers and cigarettes: Hilltop IROA Hilltop Lounge, 1100 N. Dodge St. Company It was moved by Perret and seconded by Vevera that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Balmer x Lynch x Erdahl x Neuhauser x Perret x Roberts x Vevera x Passed and approved this 6th day of May 19 80 Attest: PaL J41L City Clerk .? 07 9 RESOLUTION NO. 80-159 RESOLUTION ACCEPTING THE WORK ON THE TRUCK WASH BUILDING BY R -K'S HOME IMPROMENT WHEREAS, the Engineering Department has recommended that the im- provement covering the construction work on the truck wash building as included in a contract between the City of Iowa City and R -K's Home Improvement of Iowa City. Iowa dated August 9, 1979 , be accepted, AND WHEREAS, the Council finds the improvement is in place and does comply with the requirements for such improvements, AND WHEREAS, maintenance bonds have been filed, NOW THEREFORE, BE IT RESOLVED by the City Council of Iowa City, Iowa, that said improvements be hereby accepted by the City of Iowa City, Iowa. It was moved by Perret and seconded by veve a that the resolution as read be a opt , and upon roll call t ere were: AYES: NAYS: ABSENT: Balmer x Erdahl x Lynch x Neuhauser x Perret x Roberts x Vevera x Passed and approved this 6th ll day of May , 19 80 Jp � Mayer - ATTEST: Pj_,/U�tAIL City Clerk R L 'veci A )�p' : oved By The fu,ga[ i)ece;tmar.Y a30 le�Xv RESOLUTION NO. 80-160 RESOLUTION ACCEPTING TfIE WORK ON THE MODULAR BUILDING RENOVATION - DIVISION I - PLUMBING WORK PROJECT WHEREAS, the Engineering Department has recommended that the im- provement covering the plumbing work done on the Modular Building Rennvation Project as included in a contract between the City of Iowa City and George Kondora Plumbing f, Heating of Toi,n City, Towa dated November 30, 1979 , be accepted, AND WHEREAS, the Council finds the improvement is in place and does comply with the requirements for such improvements, AND WHEREAS, maintenance bonds have been filed, NOVI THEREFORE, BE IT RESOLVED by the City Council of Iowa City, Iowa, that said improvements be hereby accepted by the City of Iowa City, Iowa. It was moved by Perret and seconded by vevera that the resolution as read be adopted, and upon roll call there were: AYES NAYS: ABSENT: Balmer x Erdahl x Lynch x Neuhauser x Perret x Roberts x Vevera x Passed and approved this 6th day of tray , 119 80 \JMayor ATTEST: Iti City Clerk Received & Approved By The Legal Department w CITY OF CIVIC CENTER 410 E. WASHINGTON ST OWA CITY IOWA CITY IOWA 52240 (319) 354.180D ENGINEER'S REPORT April 30, 1980 Honorable Mayor and City Council Iowa City Iowa Dear Honorable Mayor and Councilpersons: 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 City. The required maintenance bond is on file in the City Clerk's office. Division 1 - plumbing work for modular building renovation as constructed by George Kondora Plumbing and Heating of Iowa City, Iowa. I hereby recommend that the above mentioned improvements be accepted by the City of Iowa City. Respectfully submitted, Charles J. Schmadeke, P.E. City Engineer tp2/9 RESOLUTION NO. 80-161 RESOLUTION ACCEPTING THE WORK ON THE MODULAR BUILDING RENOVATION - DIVISION III - ELECTRICAL WORK PROJECT WHEREAS, the Engineering Department has recommended that the im- provement covering the electrical work done on the Modular Building Renovatinn Prniect as included in a contract between the City of Iowa City and Nate Moore Wiring Service, Inc. of Iowa City, Iowa dated November 27, 1979 be accepted, AND WHEREAS, the Council finds the improvement is in place and does comply with the requirements for such improvements, AND WHEREAS, maintenance bonds have been filed, NOW THEREFORE, BE IT RESOLVED by the City Council of Iowa City, Iowa, that said improvements be hereby accepted by the City of Iowa City, Iowa. It was moved by Perret and seconded by Vevera that the resolution as read be a opt , and upon roll call there were: AYES: NAYS: ABSENT: Balmer x Erdahl x Lynch x Neuhauser x Perret x Roberts x Vevera x Passed and approved this 6th day of May , 1980. iMayor ATTEST: 04ut-, 1J City Clerk Rcysoivec! A Approved By The Legal Departme�P d307. CITY OF CIVIC C1 -NEER 410 E. WASHINGTON ST. OWA CITY IOWA CITY IOWA 52240 (319) 354.18030 ENGINEER'S REPORT April 30, 1980 Honorable Mayor and City Council Iowa City Iowa Dear Honorable Mayor and Councilpersons: 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 City. The required maintenance bond is on file in the City Clerk's office. Division 3 - electrical work for modular building renovation as constructed by Nate Moore Wiring Service, Inc. of Iowa City, Iowa. I hereby recommend that the above mentioned improvements be accepted by the City of Iowa City. Respectfully submitted, Charles J. Schmadeke, P.E. City Engineer tp2/10 a? 3•Z 9�/�G►�/ CL, I RESOLUTION NO. 80-162 RESOLUTION SETTING PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE NEIGHBORHOOD SITE IMPROVEMENTS - SIDEWALK REPAIR PROGRAM (NORTHSIDE AND HICKORY HILL NEIGHBORHOODS) DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECT- ING CITY ENGINEER TO PLACE SAID PLANS, ETC., ON FILE FOR PUBLIC INSPECTION. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That a public hearing on the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project is to be held on the 13th day of May , 19 80 , at 7:30 p.m. in the Council Chambers, Civic Center, Iowa City, Iowa. 2. That the City Clerk is hereby authorized and directed to publish notice of the public hearing for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the city, not less than four (4) nor more than twenty (20) days before said hearing. 3. That the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project are hereby ordered placed on file by the City Engineer in the office of the City Clerk for public inspection. It was moved by Perret and seconded by Vevera 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 6th day of May 1980 /, Mayor ATTEST: <' Reroived & Approved City Clerk PP 8 Ths L^.gal h•^zrtmenl RESOLUTION NO. 80-163 RESOLUTION SETTING PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE STURGIS FERRY BOAT RAMP DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECT- ING CITY ENGINEER TO PLACE SAID PLANS, ETC., ON FILE FOR PUBLIC INSPECTION. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That a public hearing on the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project is to be held on the 13thday of May , 1980 , at 7:30 p.m. in the Council Chambers, Civic Center, Iowa City, Iowa. 2. That the City Clerk is hereby authorized and directed to publish notice of the public hearing for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the city, not less than four (4) nor more than twenty (20) days before said hearing. 3. That the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project are hereby ordered placed on file by the City Engineer in the office of the City Clerk for public inspection. It was moved by Perret and seconded by Vevera that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: xx x Balmer Erdahl x Lynch Neuhauser Perret Roberts Vevera Passed and approved this 6th day of c� ATTEST: 0ILU. tiL \ Received & Approved City Clerko By Tha Legal D^partment s - /-Cy ^a3 54 RESOLUTION NO. 80-164 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE NEIGHBORHOOD SITE IMPROVEMENTS - CURB RAMP AND SIDEWALK REPAIR PROGRAM (HIGHLAND NEIGHBORHOOD ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECT- ING CITY CLERK TO PUBLISH NOTICE TO BIDDERS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. WHEREAS, notice of public hearing on the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project was published as required by law, and the hearing thereon held. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the plane, specifications, form of contract, and estimate of cost for the construction of the above-named project are hereby approved. 2. That the amount of bid security to accompany each bid for the construction of the above-named project shall be in the amount of $3,000.00 payable to Treasurer, City of Iowa City, Iowa. 3. That the City Clerk is hereby authorized and directed to publish notice for the receipt of bide for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the city not lees than four (4) nor more than twenty (20) days before the date established for the receipt of bide. 4. That bids for the construction of the above-named project are to be received by the City of Iowa City, Iowa, at the Office of the City Clerk, at the Civic Center, until 10:00 a.m. on the 21St day of May , 198a. Thereafter, the bide will be opened by the , and thereupon referred to the Council of the City of Iowa City, Iowa, for action upon said bide at its next meeting to be held at the Council Chambers, Civic Center, Iowa City, Iowa, at 7:30 p.m. on the 27th day of May , 19 80 . �3S Page 2 Resolution No. 80-104 It was moved by Mrdand seconded by Vevera that the Resolution as readeb aiop d, and upon roll call tHiere were: AYES: NAYS: ABSENT: x Balmer x Erdahl x Lynch x Neuhauser x Perret x Roberts x Vevera Passed and approved this 6th day of May 1980. ATTEST: CITY CLERK By The Legal uepartm n? •ms's s- �-s� .034 RESOLUTION NO. 80-165 RESOLUTION SETTING SPECIAL BUS FARES WHEREAS, Wednesday, May 14, 1980, is IOWA FREEDOM DAY, and WHEREAS, fuel conservation for the purpose of saving 2 million gallons of gasoline in Iowa will be the subject of a local promotion on that day, and WHEREAS, the City of Iowa City strongly supports and encourages such efforts toward the conservation of fossil fuels. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, that a special, temporary reduction in transit fares be established for a one -day period on May 14, 1980. The basic fare on that date will be 254 and the "bus and shop" subsidy for that day will be 104. It was moved by rerret and seconded by Erdahl the Resolution 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 6th day of May 1980. A OR ATTEST: xk� CIT CLERK 14 -yo RESOLUTION NO. 80-166 RESOLUTION AMENDING THE SCHEDULE OF FEES AND CHARGES FOR OAKLAND CEMETERY WHEREAS, the City of Iowa City, Iowa, owns and maintains Oakland Cemetery for the benefit of its residents, and WHEREAS, the schedule of fees and charges as currently in effect does list Oakgreen as a flush area section, and WHEREAS, it does serve the best interest of the City and its citizens to reestablish Oakgreen as a monument area with no alteration of size, change in location or increase in price, NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the use of the Oakgreen section, Oakland Cemetery, as a monument area be adopted. It was moved by Roberts and seconded by Vevera the Resolution 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 6th day of May, 1980.{ / ,,MAYOR ATTEST: / z CITY CLERK 8 Approved By 'i 10 cLl _ 2 �. 2 1 Out I ot, Cutlots 3 4 AREAS WITH MORE THAN 8 AVAILABLE LOTS FOR SUR MONUMENT AREAS FLUSH AREAS ROSE HILL NVIEW BLOCK 9 NEW SECTION CEDAR VIEW OAK GREEN 2 3 7;el=are i � 5 - _7 4 ! 10 .._eced nC.,_es 14 7 6 5 Cak_and 's J�. n o ( � 23 25 26 �. 9 0 j'n� _0 23 v' C K 22 N C v v 29 27 RON.i DS ST. U U) G NEEi9 Fern - 1 an d ern-land 1 I 24 i n 1+ iJ n 1 21 v 20 jv L\ U rive L U U Gracelard � C o �_envird j � Faar- ivic q ;. T V U -a CONSIDER RESOLUTION AMENDING THE SCHEDULE OF FEES AND CHARGES FOR OAKLAND CEMETERY. Comments: The Oakgreen Section as indicated on the enclosed map was designated as a flush areas in 1977. The grave space price was set at $200.00. No lots have been sold in this section. In the meantime, while there are still a quantity of flush area spaces available, the monument areas have been reduced to one area - Rose Hill. The need is for more monument areas. While no monuments may be placed in a flush ares, flush markers may be used in monument areas. This request places no restriction or hardship on the prospective buyer, instead it offers an opportunity for greater freedom of choice. Council Member Roberts introduced the following Resolution entitled "RESOCUTION DIRECTING TUE DELIVERY OF CONSTRUCTION WARRANTS IN PAYMENT OF CONTRACT", and moved its adoption. Council Member Vevera seconded the motion to adopt. The roll was called and the vote was, AYES: Vevera, Balmer, Erdahl, Lynch _Neuhauser, Perret, Roberts NAYS: None whereupon, the Mayor declared the following Resolution duly adopted: 80-167 RESOLUTION DIRECTING THE DELIVERY OF CONSTRUCTION WARRANTS IN PAYMENT OF CONTRACT WHEREAS, the Council of the City of Iowa City, Iowa, heretofore entered into contract for the construction of the 1979 BDI Second Addition Improvements, and in said contract provided that payment to the contractor or contractors, and others, would be made at the option of the City by the delivery of Construction Warrants issued pursuant to Section 389.57 the City Code of Iowa, bearing interest at seven percent (7%) per annum; and WHEREAS, the following balances are owing in connection with the construction of said public improvements above referred to, and have been duly approved by the Project engineer with provisions for retaining not less than ten percent (108) thereof, as required by Chapter 573, Code of Iowa, 1979, as amended, to -wit: TO: -2- AHLERS. COONEY. DORWEILER. HAYNIE 6 SMITH. LAWYERS. DES MOINES. IOWA .073P and WHEREAS, the above firm or firms are now entitled to payment for said sums owing: NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: That the Mayor and Clerk are authorized and directed to execute and deliver to said above contractor or contractors, and others, Construction Warrants drawn on the 1979 DDI Second Addition Improvements Construction Fund, as follows: CONSTRUCTION WARRANT NO. TO DATE AMOUNT 11 Shive-Hattery & Assoc. 4/21/80 $66,799.87 -3- AHLERS, GOONEY. DORWEILER. HAYNIE & SMITH. LAWYERS. DES MOINES. IOWA a39 PASSED AND APPROVED, this 6th day OE May 19$0_ �—�i`zI �(-- /Mayor ATTEST: Clerk (SEAL) -4- AHLERS. COONEY. DORWEILER. HAYNIE&SMITH. LAWYERS. DES MOINES. IOWA a44d ... • "`%/'4_ No. 11 _ $ 66,799.87 UNITED STATES OF AMERICA STATE OF IOWA CITY OF IOWA CITY 1979 BDI SECOND ADDITION IMPROVEMENTS CONSTRUCTION WARRANT This instrument is evidence that the City of Iowa City, Iowa, hereby promises to pay to -Shjy�11���ry $�S59C of_jQW��CLty�pyi, its successors or assigns, the sum of $ 66,792.87 with interest thereon at the rate of seven percent (78) per annum, until called for payment. Interest shall commence if this warrant is not paid upon presentation hereof. This Warrant is drawn on and payable solely from the 1979 BDI Second Addition Improvements Construction Fund, or any fund from which payment for such work may be made. This instrument is one of a series of similar instruments given in payment for street and sewer improvements designated as the 1979 BDI Second Addition Improvements, of said City, being constructed under contract dated July 25 , 1978 , and issued under authority of Section 384.57 of the City Code of Iowa. The City of Iowa City reserves the right to prepay the amount represented hereby at any time with accrued interest to the date of such payment. Both principal and interest of this Warrant are payable at the office of the City Treasurer or Financial Officer of the City of Iowa City, State of Iowa. IN WITNESS WHEREOF, the City of Iowa City has caused this instrument to be executed by its Mayor, and attested by its Clerk, with the seal of said City affixed as of the 21 day ,of April , 19IIp_. (SEAL) CI Y OF IOWA CITY, IOWA � ATTE Z " yor Clerk This instrument prese tr_d and not paid for want of funds this day of _ _� 19 pp-. 777"` e�LL� t1 City Trea rer k •. COONEY. DORWEILER. HAYNIE A SM IT II. LAWYEflo. DEO MOINES. IOWA 4411-1 ASSIGNMENT The attached Construction Warrant in the amount of $_�______ , is hereby assigned to in consideration of receipt by the undersigned from said assignee of the sum of $ Dated this day of , 19 (Insert name of company or engineer or other person entitled to the temporary obligation and be certain that the assignment is properly executed by the officials of the respective company, engineer, or other person so entitled thereto.) AHLERS. COONEY. DORWEILER. HAYNIE & SMITH. LAWYERS. DES MOINES. IOWA a 7� RESOLUTION NO. 80-168 RESOLUTION ESTABLISHING PLUMBING PERMIT FEES FOR THE UNIFORM PLUMBING CODE OF THE CITY OF IOWA CITY. WHEREAS, the City of Iowa City conducts examinations and licenses plumbers, and WHEREAS, the payment of a license fee is necessary to offset the administrative costs of licensing, and WHEREAS, it is in the public interest to require a permit prior to the performance of plumbing work, and WHEREAS, the payment of a permit fee is necessary to offset the administrative costs of permits, NOW BE IT RESOLVED BY THE CITY OF IOWA CITY, that: The fees for examinations and licenses shall be as follows: Master Plumber's License Journeyman Plumber's License Apprentice Plumber's First License Renewal $80.00 $27.00 27.00 11.00 Registration $5.00 An applicant shall pay the following fee at the time of issuance of the permit: SCHEDULE OF FEES Permit Fee $2.50 Fixture, traps, or openings First 5.50 2-10 each 2.50 11 or more each 1.00 Water softners and heaters, and all other water connected appliances not connected to a sanitary sewer each 2.50 Inspection trips in excess of two each 5.00 Governmental agencies are exempt from the plumbing permit fees required herein; provided however, the agencies will -be required to pay the actual costs incurred by the City of Iowa City. A '4.2 It was moved by Roberts and seconded by Vevera 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 6th day of May 1980. AYOR ATTEST: (C N� CI CLERK Received & Approved By The Local Dep rtment -NQS 3/z &P L a 143 .RESOLUTION NO. 80-169 RESOLUTION APPROVING CLASS "B" BEER PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class "B" Beer Permit Application is hereby approved for the following named person or persons at the following described location; Securities Building Corp. dba Long John Silver's, 1940 Lower Muscatine Rd. 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 be endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by Perret and seconded by Vevera that the Resolution as rea r7__adopted, and upon—roll ca ll there were: AYES: NAYS: ABSENT: Balmer x Lynch x Erdahl x Neuhauser x Perret x Roberts x Vevera x Passed and approved this 13th day of May , 19 80. M r _ Attest: City Clerk r RESOLUTION NO. 80-170 RESOLUTION OF APPROVAL OF CLASS B SUNDAY PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class B Sunday Permit application is hereby approved for the following named person or persons at the following described location: Securities Building Corp. dba Long John Silver's, 1940 Lower Muscatine Rd. 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 byPer ret and seconded by Vevera that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Balmer x Lynch x Erdahl x Neuhauser x Perret x Roberts x Vevera x Passed and approved this 13th day of May 1980 _Y4 Attest: '4y , City Clerk vS RESOLUTION NO. 80-171 RESOLUTION APPROVING CLASS C LIQUOR CONTROL LICENSE APPLInTTaA BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Liquor Control License application is hereby approve3-Tor the following named person or persons at the following described location: J.S. Mummey, Inc. dba Mumm's Saloon & Eatery, 21 W. Benton Said approval shall be subject to any conditions or re- strictions hereafter imposed by ordinance or State law. The City Clerk shall cause a recommendation for approval to he endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond, sketch of the premises and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by Perret and seconded by Vevera that the Resolution as rete adopted, and upon ro1�calT there were: AYES: NAYS: ABSENT: Balmer x T, vn Pb x Erdahl x Neuhaueer x Perret x Roberts x Vevera = Passed and approved this 13th day of May , 19 80 Attest: &L- =�� City Clerk a2 0(a RESOLUTION NO. 80-172 RESOLUTION APPROVING PRELIMINARY AND FINAL LARGE SCALE NON-RESIDENTIAL DEVELOPMENT FOR THE E.B. AND A.C. WHITING COMPANY WHEREAS, the owner, E.B. and A.C. Whiting Company, has filed with the City Clerk of Iowa City, Iowa, and application for approval for a large scale non-residential development for the following described premises located in Iowa City, Johnson County, Iowa, to -wit: , Lot 4, B.D.I'.'Second Addition to Iowa City, Iowa, as recorded in Johnson County Recorder's Office, Plat Book , Page WHEREAS, said property is owned by the above-named party and dedications are required and have been submitted; and, WHEREAS, the Department of Planning and Program Development and the Public Works Department have examined the proposed large scale non-residential development and have approved the same; and, WHtRF.AS, the said large scale non-residential development has been examined by the Planning and Zoning Commission and after due deliberation said Commission has recommended that it be accepted and approved. WHEREAS, said large scale non-residential development is found to conform with requirements of the City ordinances of the City of Iowa City, Iowa. N011 THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the said plan is hereby approved as a large scale non-residential development. 2. That the said large scale non-residential development shall - conform with all the requirements of the City of Iowa City, Iowa, pertaining to large scale non-residential developments. 3. That the City Clerk of the City of Iowa City, Iowa, is hereby authorized and directed to certify a copy of this resolution to the Office of the County Recorder of Johnson County, Iowa, after final passage and approval as authorized by law. q-7 Page 2 Passed and approved this 13th day of May 1980. It was moved byN u and seconded by vevera that the Resolution as rea be a opted, and upon roll call there were: AYES: NAYS: ABSENT: BALMER x ERDAHL x LYNCH x NEUHAUSER x PERRET x ROBERTS x VEVERA x ATTEST.- t �C- CITY CLERK 0 GRztarv,<d I A pro%; PY Tha 6.agal Deparhno 0? 54j RESOLUTION NO. 80-173 RESOLUTION APPROVING MENDED PRELIMINARY AND FINAL PLAT B.D.I. SECOND ADDITION WHEREAS, the owner and proprietor, Business Development, Incorporated, has filed with the City Clerk of Iowa City, Iowa, a plat and subdivision of Part of Lot 6, Auditor's Plat 32, an Add- ition to the City of Iowa City, Iowa covering the following des- cribed premises located in Iowa City, Johnson County, Iowa, to wit: Commencing as a point of reference at the center of Section 24, Township 79 North, Range 6 West of the Fifth Principal Meridian, Iowa City, .Johnson County, Iowa (for purposes of this description only, the North line of the Southwest quarter of said Section 24 is assumed to have a bearing of South 88° 40' 00" West); thence North 880 51' 09" East 491.38 feet along the South line of the Northeast quarter of said Section 24 to a point of intersection with the Southwesterly line of said Lot 6, Auditor's Plat 32; thence North 42° 12' 20" West 538.11 feet along said Southwesterly line of said Lot 6, Auditor's Plat 32 to a point of curvature; thence Northwesterly 481.75 feet along a 379.50 foot radius curve concave Easterly and subtended by a 450.05 foot chord bearing North S° 50' 20" West to a point of tangency, said line being Southwesterly line of said Lot 6, Auditor's Plat 32; thence North 300 31' 40" East 71.98 feet along said Southwesterly line of said Lot 6, Auditor's Plat 32, to a point; thence North 38° 41' 40" East 21.44 feet along the IVesterly line of Lot 6, Auditor's Plat 32, to a point; thence Northeasterly 170.9S feet along a 288.42 foot radius curve concave Westerly and subtended by a 168.46 foot chord bearing North 27° 00' 44" East, said line being along said Westerly line of Lot 6, to a point; thence North 0° 29' 22" West 341.52 feet along said Westerly line of Lot 6, to a point; thence South 62° 09' 30" East 545.00 feet to a point; thence South 37° 34' 15" East 376.81 feet to a point; thence Northeasterly 228.33 feet along a 200.00 foot radius curve concave Southeasterly and subtended by a 216.13 foot chord bearing North 8S° 08' 07" East to a point of tangency; thence South 62° 09' 30" East 210.00 feet to a point; thence South 37° 50' 20" iVest 264.77 feet to a point; thence South 62° 09' 30" East 395.40 feet to a point; thence South 0° 03' 29" East 819.82 feet to a point of intersection with the Southerly line of said Lot 6; thence North 60° 51' 28" West 649.55 feet along said Southerly line of Lot 6, to a point of intersection with the Westerly right-of-way line of Heinz Road; thence South 29° 08' 32" (Vest 224.24 feet along said Westerly right-of-way to a point of intersection with the Southwesterly line of said Lot 6; thence North 61° Ol' 20" West 74.22 feet along said Southwesterly line of Lot 6, to a point of curvature; thence Northwesterly 12S.46 feet along a 382.04 foot radius curve concave Northeasterly and subtended by a 124.90 foot chord bearing North S1° 36' 50" West, said line being said Southwesterly line of Lot 6 to a point of tangency; thence North 42° 12' 20" West 264.46 feet alonfi said Southwesterly line of Lot 6, to the point of beginning; and subject to easements and restrictions of record, and containing 35.2 acres more or less. -2 - and WHEREAS, said property is owned by the above-named corporation and the dedications as required by the Subdivision Ordinance of the City of Iowa City have been made with the free consent and in accordance with the desires of said pro- prietor; and WHEREAS, the Planning and Zoning Commission of Iowa City recommends that the owner's request to delete the city's require- ment to construct sidewalks along Heinz Road be granted; and WHEREAS, said plat and subdivision has been examined by the Planning and Zoning Commission of Iowa City, and after due deliberation, said Commission has recommended that said plat and subdivision be accepted and approved; and WHEREAS, said plat and subdivision is Eound to conform with the requirements of the City Ordinances of the City of Iowa City, Iowa, with respect to the establishment of land subdivisions, and with the requirements of Chapter 409 of the 1979 Code of Iowa, as amended, and all other statutory requirements; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IO1VA CITY, IOWA: 1. That said plat and subdivision of Part of Lot 6, Auditor's Plat 32, an Addition to the City of Iowa City, Iowa, be and the same is hereby approved by the City Council of Iowa City, Iowa, and the dedication of the streets and easements set out therein is hereby accepted as by law provided. BE IT FURTHER RESOLVED that the City Clerk of the City of Iowa City, Iowa, is hereby authorized and directed to certify a copy of this resolution and of the amended preliminary and final plat of said subdivision to the Office of the County Recorder of Johnson County, Iowa. Passed this 13th day of May 1980. ACity of Iowa City, Iowa TTE//meq/JSrT A BIE STOLF S, Cit6, Clerk City of Iowa City, Iowa @iy 63 asa -3- Passed and approved this 13th day of May , 1980. It was moved by Neuhauser and seconded byyevera that the Resolution as read by adopted, and upon roll call there were: BAL,IFR ERDAHL LYNCH NEUHAUSER PERRET . ROBERTS VEVERA AYES: NAYS: X X X x x X x U- / -)AB ABBIE STOLFU , Ci y Clerk City of Iowa City, Iowa STATE OF IOIVA ) ) SS: JOHNSON COUNTY ) ARgPNT- JOHN BALMER, Mayor City of Iowa City, Iowa CERTIFICATE I, Abbie Stolfus, City Clerk of Iowa City, Iowa, do hereby certify that the above and foregoing is a true and exact copy of a resolution adopted by the City Council of Iowa City, Iowa, at a regular meeting held on the 13th day of May 1980, all as the same appears o�rd in my o� ice. 1980. DATED at Iowa City, Iowa this 14th day of May al L- A &' L ABBTL TOL1-U , Cit V Clerk Iowa City, Iowa as/ RESOLUTION NO. 80-174 RESOLUTION APPROVING PRELIMINARY AND'FINAL LARGE SCALE RESIDENTIAL DEVELOPPIENT.FOR RALSTON CREEK VILLAGE WHEREAS, Sam Abrams and Rose Abrams, husband and wife, and Gary Abrams and Sandra Abrams, husband and wife, hereafter called "Abrams", have filed with the City Clerk of Iowa City, Iowa, an application for approval for a large scale residential develop- ment for the following described premises located in Iowa City, Johnson County, Iowa, to wit: Part of Lyman Cook's Subdivision of Outlot 25, Iowa City, Iowa, as recorded in Johnson County Recorder's Office Plat Book 4, Page 79, and part of Berry Hill and Pierce Addition to Iowa City, Iowa, as recorded in Johnson County Recorder's Office Plat Book 12, Page 188, more particularly described as follows: Commencing as a point of reference at the Northwesterly corner of Lot 1, Lyman Cook's Subdivision of Outlot 25, as recorded in Johnson County Recorder's Office Plat Book 4, Page 79; thence South 380.00 feet along the Westerly line of said Lyman Cook's Subdivision to a point of intersection with the Northerly line of Lot 5, said Lyman Cook's Subdivision and point of beginning of tract herein described (this is an assumed bearing for purposes of this descrip- tion only); thence continuing South 463.92 feet. to a point of intersection with the Southerly line of Lot Berry Hill and Pierce Addition to Iowa City, Iowa, as recorded in Johnson County Recorder's Office Plat Book 12, Page 188; thence South 89° 45' 40" East: 41.00 feet along said Southerly line of Lot 6 Berry [till and Pierce Addition to a point.; thence North 36° 31' 55" East 425.93 feet to a poi nt; thence East 25.20 feet to a point of intersection with the Easterly line of Lot 1 said Berry (fill and Pierce Addition; Page 2 AND thence North 0° 04' 00" West, 125.87 feet along the Easterly line of said Berry Hill and Pierce - Addition to a point of intersection with a line 20.00 feet Northeasterly from as measured at right angles to the centerline .of the Chicago, Rock Island and Pacific Railroad Company's Northerly wye track as shown on plat prepared by Donald L. Slothower, Registered Land Surveyor No. 4971, dated January 23, 1970, recorded in the Johnson County Recorder's Office Plat Book 9, Page 73; thence Northwesterly along said line parallel with and measured in a Northeasterly direction 20.00 feet perpendicularly from said centerline of the Chicago, Rock Island and Pacific Railroad Company's Northerly wye track (Chord North 36° 51' 41" West 91.41 feet) to a point of inter- section with the Northerly line of Lot. 9 said Lyman Cook Subdivision; thence North 89° 52' 37" West 95.05 feet along said Northerly line of Lot 9 to a point of intersection with the Westerly line of said Lot 9; thence South 0" 02' 00" East 77.00 feet to a point of intersection with the Northerly line of Lot 5 said Lyman Cook's Addition extended Easterly; thence North 89° 52' 37" West 169.76 feet along said Northerly line of Lot 5 and said Northerly line extended Easterly to a point of beginning, All of Lots 6, 7 and 8 of said Lyman Cook's Subdivision except the Easterly 105 feet and except the Westerly 40 feet of said lots, more particularly described as follows: Commencing as a point of reference at the Southeasterly corner of Lot. 8 Lyman Cook's Subdivision; thence North 890 52' 37" West 105.00 feet along the Southerly line of said Lot 8 to a point of beginning of tract herein described, (this is an assumed bearing for purposes of this description only). 43S.Z, Page 3 thence North 0° 04' 00" West. 228.00 feet along a line parallel with and measured in a Westerly direction 105.00 feet perpendicularly from the Easterly line of said Lots 6, 7 and 8 to a point of intersection v;ith the Northerly line of said Lot 6; thence North 89° 54' 00" hest 4.46 feet along said Northerly line of Lot 6 to a point; thence South 0° 02' 00" East 228.00 feet to a point of intersection with said Southerly line of Lot 8; thence South 89° 52' 37" East 4.59 feet along said Southerly line of Lot 8 to point, of beginning; and subject to easements of record, and containing 2.5 acres niore or less. WHEREAS, said property is owned by Abrams and dedications are required and have been submitted; and, WHEREAS, the Department of Planning and Program Development and the Public Works Department have examined the proposed large scale residential development and have approved the same; and, WHEREAS, the said large scale residential development has been examined by the Planning and Zoning Commission and after due deliberation said Commission has recommended that it be accepted and approved. WHEREAS, said large scale residential development is found to conform with requirements of tho City ordinances of the City of Iowa City, Iowa: 1. That the said plan is hereby approved as a large scale residential development. 2. That the said large scale residential development shall conform with all the requirements of the City of Iowa City, Iowa, pertaining to large scale residential developments. 3. That the City Clerk of the City of Iowa City, Iowa, is hereby authorized and directed to certify a copy of this resolutio.n to the Office of the County Recorder of Johnson County, Iowa, after final passage and approval as authorized by law. asp Page 4 Passed and approved this 13th day of May , 1980. It was moved by Vevera and seconded by Neuhauser that the Resolution as read e adopted, and upon roll call there were: AYES: NAYS: ABSENT: BALMER x ERDAHL x LYNCH x NEUHAUSER x PERRET x ROBERTS x VEVERA x .AYOR ATTEST: 02 L CITY CLERK [7:11---Fxz is y�`T.'QFPKEH{ 'R 5-3 RESOLUTION NO. 80-175 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECT- ING CITY CLERK TO PUBLISH NOTICE TO BIDDERS, AND FIXING TIME AND PLACE FOR RECEIPT'OF BIDS. WHEREAS, notice of public hearing on the plane, specifications, form of contract, and estimate of coat for the construction of the above-named project was published as required by law, and the hearing thereon held. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the plana„ specifications, form of contract, and estimate of cost for the construction of the above-named project are hereby approved. 2. That the amount of bid security to accompany each bid for the construction c the above-named project shall be in the amount of $8,000.00 payable to Treasurer, City of Iowa City, Iowa. 3. That the City Clerk is hereby authorized and directed to publish notice for the receipt of bids for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the city not less than four (4) nor more than twenty (20) days before the date established for the recei of bide. 4. That bids for the construction of the above-named project are to be received by the Q,ity of Iowa City, Iowa, at the Office of the City Clerk, at the Civic Center, until 10:00 A.M. on the 28th day of May , 1980. Thereafter, the bids will be opened by the Cit_y_Cngineer or his designee and thereupon referred to the Council of the City of Iowa City, Iowa, for action upon said bids at its next meeting to be held at the Council Chambers, Civic Center, Iowa City, Iowa, at 7:30 p.m. on the 3rd day of June , 19 80 Received A Approved By The Legal Department e S-'5�-gc) .15 � Page 2 Resolution No. 80-175 It was moved by Perret and seconded by Neuhauser that the Resolution as rea e a opte , and upon roll ca t ere were: AYES: NAYS: ABSENT: x Balmer x Erdahl x Lynch x Neuhauser x Perret x Roberts x Vevera Passed and approved this 13th day of May 1 1980• MAYOR ATTEST: (& z&� CITY CLERK VSs RESOLUTION NO. 80-176 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF STURGIS FERRY BOAT RAMP ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECT- ING CITY CLERK TO PUBLISH NOTICE TO BIDDERS, AND FIXING TIME AND PLACE FOR RECEIPT•OF BIDS. WHEREAS, notice of public hearing on the plane, specifications, form of contract and estimate of cost for the construction of the above-named project was published as required by law, and the hearing thereon held. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the plane,.specifications, form of contract, and estimate of cost for the construction of the above-named project are hereby approved. 2. That the amount of bid security to accompany each bid for the construction the above-named project shall be in the amount of $3,400.00 payable to Treasurer, City of Iowa City, Iowa. 3. That the City Clerk is hereby authorized and directed to publish notice for the receipt of bids for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the city not less than four (4) nor more than twenty (20) days before the date established for the rete of bids. 4. That bide for the construction of the above-named project are to be receive by the City of Iowa City, Iowa, at the Office of the City Clerk, at the Civic Center, until 11:00 a.m. on the 28th day of May , 19$0. Thereafter, the bide will be opened by the City Engineer or his designaa , and thereupon referred to the Council of the City of Iowa City, Iola, for action upon sai bids at its next meeting to be held at the Council Chambers, Civic Center, Iowa City, Iowa, at 7:30 p.m. on the 3rd day of June , 19s0 -- Received A Approved CoyT e Legal Department ash Page 2 Resolution No. 80-176 It was moved by Neuhauser and seconded by Veve that the Resolution as rea e a opte , and upon roll ca theft were: AYES: NAYS: ABSENT: x Balmer x Erdahl x Lynch x Neuhauser x Perret x Roberts x Vevera Passed and approved this 13th day of May 1980• -Y�ZI MAYOR aa,ATTEST:A-d'j' CITY CLERI ash Council Memher Perrot introduced the following Resolution entitled IrRl:SOLUT10N DIRECTING THE DELIVERY OF CONSTRUCTION WARRANTS IN PAYMENT OF CONTRACT", and moved its adoption. Council Member. _ Ve_vera seconded the motion to adopt. The roll was called and the vote was, AYES: RobertsE__y�v_eza,_&almer._Ex.dahl,_ NAYS: None Whereupon, the Mayor declared the following Resolution duly adopted: 80-177 RESOLUTION DIRECTING THE DELIVERY OF CONSTRUCTION WARRANTS IN PAYMENT OF CONTRACT WHEREAS, the Council of the City of Iowa City, Iowa, heretofore entered into contract for the construction of the 1979 BDI Second Addition Improvements, and in said contract provided that payment to the contractor or contractors, and others, would be made at the option of the City by the delivery of Construction Warrants issued pursuant to Section 384.57 the City Code of Iowa, bearing interest at seven percent (7%) per annum; and WHEREAS, the following halances are owing in connection with the construction of said public impr.ove.ments above referred to, and have been duly approved by the project engineer with provisions for retaining not less than ten percent (108) thereof, as required by Chapter 573, Code of Iowa, 1979, as amended, to -wit: TO: N _2_ //? 1 A NLER B, GOONEY. DORWEIL Eq. fI AYNIF. h SMITH. LAWYERS. DF.e MUINI 6. IOWA S and WHEREAS, the above firm or: firms are now 'entitled to payment for said sums owing: NOW, TO 13F IT RI{SOLVED BY TOV.,000NCI1. OF THE, CITY OF IOWA CITY, IOWA: That the Mayor and Clerk aro authorized and directed to execute and deliver to said above contractor or contractors, and others, Construction Warrants drawn on the 1979 DDI Second Addition Improvements Construction Fund, as follows: CONSTRUCTION WARRANT NO. TO DATE AMOUNT 12 Shive Flattery 4/21/80 $3,081.65 -3- AHLERS. COONE'Y. DORWEILER. HAYNIE 6 SMITH. LAWYERS, DES MOINES. 1CJWA PASSED AND APPROVED, thin 13th Illy of* May r 19 80. i Mayor ATTEST: Clerk j (SEA1.) -a- AHLERS. COONLY. DORWEILER. HAYNIE 5 SMITH. LAWYLRB. DEG MOIIII9. IOWA tR 5 ASSIGNMENT The attached Construction Warrant in the amount of $ is hereby assigned to in consideration of receipt by the undersigned from said assignee of the sum of $ Dated this day of _ _ _ 19 (Insert name of company or engineer or other person entitled to the temporary obligation and be certain that the assignment is properly executed by the officials of the respective company, engineer, or other person r;o entitled thereto.) ANL' COONEY. DORWEILER. HAYNIE s Smi N. LAWYERS. DYs MOINES. I/,VIA �� No, 2 S_-3,01; 1_. G5 _1 -- uNITEn ,TATE; OF AMERICA STATE 01' IOWA CITY OF IOWA CITY 1979 DDI SECOND ADDITION IMPROVEMENTS CONSTRUCTION WARRANT This instrument is evidence that the City of Iowa City, Iowa, hereby promises to pay to Shi_v_e Ilatl.c.ry _ of Iowa fit_y, Iowa, its successors or assigns, the sum <ih $ 3,0111.65 witf� interest thereon at the rate of zcro pol'Conl (I1 -L'-) per annum, until c%lled for payment. Interest shall commence if this warrant is not paid upon presentation hereof. This Warrant is drawn on and payohle solely from the 1979 RDI Second Addition Improvements Construction Fund, or any fund from which payment for such work may be made. This instrument is one of a series of similar instruments given in payment for street and sewer improvements desi.gnate:d as the 1979 DDI Second Addition Improvements, of said City, being constructed under contract dated Jua.y251970 , and issuer) under authority of Section 384.57 of the• City Code of. Iowa. The City of. Iowa City resvrvcs the righl: to prepay the amount represented herchy at Any time with accrued interest to the datecif. such payment. Iloth principal and interest of I -his Warrant rlre payah.le at L.he office of the City 'Treasurer or. Financial Officer of the City of Iowa City, State of. Iowa. IN WITNESS WHEREOF, the instrument to be executed by Clerk, with the seal of said of. 19 '•, (SEAL) l:rk City of Towa City has caused this its Mayor, and attested by its City affixed as of the ` day CTTY OF IOWA CITY, IOWA Mayor This in:itrumenl: pre.nenterl and nod pairl for this-,�/,_l. day of it ,.,, ( 19Qi, 11 r '- ' J' 4 City Trea rer want. of lend:; A111.1 110111 Y. Don wuL1 n. 11 a vu lc n 61111.1• L•wvr I. e, Dr.a IA01111 n, low• R-5-7 RESOLUTION NO. 80-178 RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO EXECUTE A CONTRACT FOR THE DEMOLITION OF THE HOUSE AT 1004 NORTH DODGE STREET. WHEREAS, the City Council deems it in the public interest to, demolish the house at 1004 North Dodge; pursuant to the provisions of the Uniform Code for the abatement of dangerous buildings; more properly described as Lot 1 and the southwesterly one-half of Lot 2 Dewey's Addition to the City of Iowa City, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL: that the Director of Public Works is authorized and directed to execute a contract to demolish the house at above-named location. It was moved by Roberts and seconded by Neuhauser 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 13th day of Ma 1980. ATTEST n -MAYOR CITY CLERK Rrcoi+n:d & Approval Oy Tn^_ Lra.,i D*3r41n5z2 aGo r, f� '�4 Ei-I RESOLUTION NO. 80-179 RESOLUTION AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT FOR PROJECT INSPECTION, TESTING AND SURVEYING FOR THE SOUTH BRANCH DETENTION STRUCTURE, WHEREAS, Shive-Hattery and Associates has been selected for the above- named project. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the contract for inspection, testing and surveying for the above- named project is hereby awarded to Shive-Hattery and Associates. It was moved by Neuhauser and seconded by Roberts that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Balmer Erdahl Lynch Neuhauser Perret Roberts Vevera Passed and approved this 13 day of May , 1980. ATTEST: 0'& .x& CITY CLERK Mayor P&t'&h^ad & AI ,,,-,q 1 11 AGREEMENT This Agreement, made and entered into this 13th day of May , 19 8q by and between the City of Iowa City, a municipal corporation, hereinafter referred to as the City and Shive-Hattery and Associates, of Iowa City, Iowa, hereinafter referred to as the Consultant. Now therefore, it is hereby agreed by and between the Consultant to act for and represent it in all matters involved in the terms of this Agreement. Such contract of employment to be subject to the following terms and conditions and stipulations, to wit: The Consultant shall not commit any of the following employment practices and agrees to prohibit the following practices in any subcontracts. a. To discharge from employment or refuse to hire any individual because of their race, color, religion, sex, national origin, disability, age, marital status or sexual preference. b. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, color, religion, sex, national origin, disability, age, marital status or sexual preference. 4. SCOPE OF SERVICES The Consultant is to provide full-time project inspection and testing services for the south branch dam on Ralston Creek as stated below. Full -Time Project Representation The Constultant shall provide technical observation of construction by a full-time resident project representative and supporting staff. The duties, ,responsibilities and the limitations on the authority of the resident project representative and assistants are set forth in Exhibit A and are made a part of this agreement. Through on-site observations of the work in progress and field checks of materials by the resident project representative and assistants, the Consultant shall endeavor to provide protection for the City against defects and deficiencies in the work. The Consultant shall provide the initial field stake out of construction and all subsequent staking as construction progresses. Testing The Consultant shall provide field testing for embankment construction and for cast -in-place concrete. The frequency and amount of testing for cast -in-place concrete shall be as specified in the job specifications. The amount of soil testing to be done during construction of the embankment shall be determined by the resident engineer. In general, enough testing should be conducted so that the resident engineer can determine that the construction work is complying with the compaction requirements of the specifications. The actual number of tests will vary depending upon weather conditions, soil conditions, and other factors. Special consideration for testing shall be given to the more critical areas including preparation of the existing surfaces to receive fill, compaction material in the cutoff trench under the dam, and compaction of materials around the two pipes. Uniform compaction of material throughout the embankment is also of importance to minimize future settlement and to result in a stable structure. The resident project engineer or a qualified inspector working under the engineer's supervision will be on site during placement of all fill. Several compaction tests should be made on each lift for the first few lifts and the number of tests may be reduced to perhaps one or two per lift as the height of the embankment increases. Additional tests should be made in critical areas (around pipes, etc.) or where visual observation by the resident project inspector indicates areas of questionable compaction results. v2 6 L II. GENERAL TERMS 1. The consultant or the City may terminate this Agreement upon seven 1, (7) dayeI6*d'Ei2e. If the Agreement is terminated, the Consultant shall be paid on the basis of work satisfactorily completed and accepted by the City. The percentage of work completed but not yet accepted by the City shall be determined mutually by the City and the Consultant. If the City and the Consultant are unable to agree on the percentage of completion, the matters shall be resolved by the procedures of the American Arbitration Association. 2. Records of the Consultant's Standard Time Charges pertaining to the Project shall be kept on a generally recognized accounting basis and shall be available to the City or its authorized representative at mutually convenient times. 3. This Agreement shall be binding upon the successor and the assigns of the parties hereto; provided, however, that no assignment shall be inade without the written consent of all parties to said agreement. 4. It is understood and agreed that the employment of the Consultant by the City for the purposes of said Project shall be exclusive, but the Consultant shall have the right to employ such assistance as may be required for the performance of the Project. Said Consultant shall " be responsible for the compensation, insurance and all clerical detail involved in their employment. 5. It is further agreed that no party to this Agreement will perform contrary to any State, Federal or County law or any of the Ordinances of the City of Iowa City, Iowa. -6. The Consultant agrees to furnish all reports and/or drawings with the seal of a Professional Engineer or Architect affixed thereto where such seal is required by law. 7. The City agrees to tender to the Consultant all fees and money in accordance with this Agreement except that failure by the Consultant to satisfactorily perform in accordance with this Agreement shall constitute grounds for the City to withhold payment of the amount sufficient to properly complete the Project in accordance with this Agreement. 8. Should any section of this Agreement be found to be invalid, it is agreed that all other sections shall remain in full force and effect as though severable from the part invalid. III. CITY'S RESPONSIBILITY The City shall: I. Provide full information as to the requirements for the Project. 2. Designate Richard J. Plastino to act as the City's representative with respect to the work to be performed under this Agreement and such person shall have complete authority to transmit instructions, receive information, interpret and define the City's policies and decisions with respect to materials, equipment, elements and systems pertinent to the work covered by this Agreement. 3. Assist the Consultant by placing at his disposal all available information pertinent to the site of the project including previous reports and any other data relative to design and construction of the Project. 4. Make all provisions for the Consultant to enter upon public and private land as required for the Consultant to perform his work under this Agreement. 5. Examine all studies, reports, sketches, estimates, specifications, drawing proposals, and other documents presented by the Consultant and render in writing decisions pertaining to the documents within fifteen (15) days after receipt so as not to delay the work of the Consultlnt. aZ 6 �?-- IV. TIME OF PERFORMANCE The Consultant shall provide services on a time schedule sq that the contractor's work is not delayed. Services shall begin with the preconstruction conference, continue through the 180 -calendar day construction period, and shall end when the City's Design Consultant submits his statement of substantial completion to the City. V. COMPENSATION FOR SERVICES Resident Project Inspection The fee for resident project in will be based on a direct personal expense times a 2.19 multiplier. A copy of the current direct personal expense rate is attached as Exhibit No. B. The total fee for resident project inspection shall not exceed $28,500. Surveying Services Surveying services shall be mpense times a multiplier exceed" on this portion of Testing based upon direct personal of 2.19. There is no "not to the job. All testing will be provided at the current standard unit prices. A copy of these prices is attached as Exhibit C. There is no "not to exceed" on this portion of the job. Reimbursable expenses shall be paid as a separate cost above and beyond any "not to exceed". Reimbursable expenses shall include the following: A. Expense of reproduction, postage and handling of drawings and specifications, excluding copies for the Consultant's office use. B. Long distance telephone calls. The Consultant shall submit monthly statements for services rendered and for reimbursable expenses incurred. For services based on direct personal expense times a multiplier, monthly statements will be based upon actual hours worked. The City shall make prompt monthly payments in response in writing in this instrument. The undersigned do hereby state that this Agreement is executed in triplicate, as though each were an original and that there are no oral agreements that -have not been reduced in writing in this instrument. FOR THE CITY: SHIVE-HATTERY AND ASSOCIATES: AY OR ATT ST: TY CLERK .Z6 -P_- 4 STATE OF IOWA JOHNSON COUNTY On this 14th day of May , 19 8Q before me, a Notary Public duly commissioned and qualified in and for said County and State, personally appeared John R. Balmer , Mayor of the City of Iowa City, Iowa, and Abbie Stolfus, City Clerk of said City, each being to me personally known to be the identical persons and officers named in the foregoing instrument, who executed the same under and by virtue of the authority vested in them by the City Council of said City, and each for himself acknowledged the execution thereof to be his voluntary act and deed for purposes herein expressed. IN TESTIMONY WHEREOF, I have hereunto set my hand and notarial seal at Iowa City, Iowa, the day and year last above written. NotAry Public in aDd-for Johnson County, -Iowa — - ;J STATE OF IOWA COUNTY OF JOHNSON On this 20 day of May , 1980, before me, the undersigned, a Notary Public in and for said County and said State, personally appeared James L. Shive and Robert J. DeWitt , to me personally known, who being by me duly sworn, did say that they are the President and Vice President , respectively, of said corporation; that (the seal affixed thereto is the seal of said) corporation; that said instrument was signed and sealed on behalf of said corporation by authority of its Board of Directors and that the said President and Vice President as such officers, acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. eta y Public in an d.for sai County and State Received 8 Approved By The Legal Department a2 6 .z nt Between Owner Aessional Services, 19 '.NEER, and will confer with ENGINEER regarding his actions. Resident Project Representative's dealings in matters R'pertaining to the on-site Work shall in' general be only with ENGINEER and CONTRACTOR, and dealings with ;subcontractors shall only be through or with the full knowledge of CONTRACTOR Written communication with •.'OWNER will be only through or as directed by ENGINEER. and Responsibilities. 'rfipr7`i'y'}.i+', sA:;i?r±li d:r,IC ",1,t rt i,, j1 ,,Cr _ ... 1,`,.. ..,....-: ,,..,, l.. •,:. ,r c ..;.,. xr—o'::;-, ......, r'` I I' G"i..d •. , t�.,yv,, P� -'11,, v, r,:is, TaS l•xrif,,ii or 'ru, Schedides: Review the progress schedule, schedule of Shop Drawing submissions and schedule of values prepared by CONTRACTOR and consult with ENGINEER concerning ihcv acceptability , ' ',. .i •'n N n•!'P r A7,'.,`ttiilam?' 1. Conferences. Attend preconstruction conferences. Arrange a schedule of progress meetings and other job conferences as required in consultation with ENGINEER and notify those expected to attend in advance: Attend meetings, and maintain and circulate copies of minutes thereof. '• r h t ,� ,; , , { ,S,l yr I I:,,r , t i,+'.. t , 'pI r 1+,., 3 Liaison ri;.,y , lr .' I r�',:;Ir �a ,•.� ' I,, ,..,. , ' • ' .'a. Serve as ENGINEER's liaison with CONTRACTOR, working principally through CONTRACTOR's superinten dent and assist him in understanding the intent of the Contract Documents. Assist ENGINEERin serving as OWNER's liaison with CONTRACTOR when CONTRACTOR's operations affect OWNER's on-site operations l ;•;,:' , 'i:"'- ' ` b. As requested by ENGINEER, assist in obtaining from OWNER additional details or information, when required r at the job site for proper execution or the Work 4 Shop Drmvings and Sannpies: a. Receive and record date of receipt of Shop Drawings and samples, receive samples which are furnished at the site ' °r �i by CONTRACTOR, and notify ENGINEER of their availability for examination. . t�,;f';+ '�M,.�nl t; +;•+�i'!;.r,1�� �,` � ''{i..r•'•. b.• Advise ENGINEER and CONTRACTOR or its superintendent immediately of the commencement of any Work ,' "' "'•�:, requiring a Shop Drawing or sample submission if the submission has not been approved by ENGINEER. S. Review of Work, Rdection of Defective IVork, Inspections and Tests ' ,i i�•tlf/) df'''r �, uY nt i a. Conduct on-site observations of the Work in progress to assist ENGINEER in determining if the Work is proceeding in accordance with the Contract Documents and that completed Work will conform to the Contract Documents. ' b. Report to ENGINEER whenever he believes that any Work is unsatisfactory, faulty or defective or does not , conform to the Contract Documents, or does not meet the requirements of any inspections, tests or approval required to be made or has been damaged prior to final payment; and advise ENGINEER when he believes Work should be corrected or rejected or should be uncovered for observation, or requires special testing, inspection or approval. c. Verify that tests, equipment and systems startups and operating and maintenance instructions are conducted as required by the Contract Documents and in presence of the required personnel, and that CONTRACTOR maintains adequate records thereof; observe, record and report to ENGINEER appropriate details relative to the test procedures and startups. ' d. Accompany visiting inspectors representing public or other agencies having jurisdiction over the Project, record the outcome of these inspections and report to ENGINEER. © 1979 by National Society of Professional Engineers, -2029 K St., N.W., Washington, D.C. 20006 ' , , -. •,. t;.'.''i+ " ... .,. a :, i-• i ' NSPE/ACEClASCE Publication No. 1910-1-A'••' •r, .+ '' r ` ,. ,, 1979 Edition , r. 7 EXHIBIT B TO AGREEMENT BETWEEN OWNER AND ENGINEER FOR PROFESSIONAL SERVICES DATED , 1980 DIRECT PERSONAL EXPENSE MAY 3, 1980 to NOVEMBER 1, 1980 Grade 8 Engineer $ 24.11/Hour Grade 7 Engineer 21.52/Hour Grade 6 Engineer 18.13/Hour Grade 5 Engineer 16.28/Hour Grade 4 Engineer 13.88/Hour Grade 3 Engineer 12.16/Hour Grade 2 Engineer 11.01/Hour Grade E Technician 12.95/Hour Grade D Technician 10.27/Hour Grade C Technician 8.49/Hour Grade B Technician 6.70/Hour Grade A Technician 4.S2/Hour 3 -Man Survey Crew 24.89/Hour 2 -Man Survey Crew 19.03/1lour h SHIVE•HATTERY & ASSOCIATES eEXHIBIT C SHIF/E—HATTERY & ASSOCIATES CO)VOULT"Va EIVG/N7EE17S SCHEDULE OF GENERAL, FIELD AND LABORA JANUARY 1, 1980 GENERAL Mobilization charges - based on round trip mileage from nearest office Private automobile or auxiliary vehichle $ '.25/mile Drill rig (minimum charge of $125.00) 1.50/mile Per diem rate (charge if site is more than 40 miles from nearest office), per individual 30.00/day All terrain vehicle utilization 150.00/day Boring location survey 50.00/hour Stand-by,�ime, in excess of normal set-up time, as a result of clients request or action Truck 65.00/hour All terrain vehicle 80.00/hour Specialized drilling equipment, equipment for moving drilling equipment at site, permits, etc. Cost + 150 SOILS - FIELD Auger drilling - hollow stem augers Structure boring - utilizing standard penetration test (2-1/2' intervals to 15', 5' intervals to 50', and 10' intervals thereafter) 0' - 25' 6.00/foot 25' - 50' 6.50/foot 501+ 7.50/foot CEDAR RAPIDS DAVENPORT 'DES MOINES DUBUOUE FT MADISON IOWA CITY VINTON V Schedule of General, Field and Laboratory Fees January 1, 1980 Page Two Auger drilling - solid augers Profile boring - samples at 5' intervals to 501, 10' intervals thereafter 0' - 25' $ 5.50/foot 25' - 50' 6.00/foot 501+ 6.80/foot Profile boring - without samples, defining top of rock and water table 0' - 25' 5.00/foot 25' - 50' 5.50/foot 501+ 6.30/foot Wash boring, surcharge 0' - 25' .85/foot 25' - 50' 1.10/foot 50'+ 1.40/foot Hourly drilling rates Truck and one technician 55.00/hour Truck and two technicians 65.00/hour All terrain vehicle, utilization 150.00/day Hard auger drilling - through weathered rock or material consisting primarily of broken rock, concrete, rubble fill, etc. (Standard penetration resistance > 50 blows per foot) 12.00/foot Rock drilling Bitting 16.00/foot Coring, NWV size 23.00/foot Set up/boring 50.00/each Requiring use of auxiliary water source, 40.00/each additional SHIVE-HATTERY & ASSOCIATES Schedule of General, January 1, 1980 Page Three Sampling and testing Field and Laboratory Fees Additional standard penetration tests $.13.50/each Shelby tube ("undisturbed"), 2" or 3" 14.00/each diameter Large volume bag sample 15.00/each Rimac unconfined compression value 5.00/each Hand penetrometer value 2.00/each Vane shear value, torvane 5.00/each Seismic refraction testing Equipment cost 100.00/day Slotted well point installation, in drilled bore hole Set up/well point 70.00/each Material cost - 2" 2.50/foot. Material cost - 3" 4.50/foot SOILS - LABORATORY Shelby tube extrusion, sample preparation, and logging 8.00/each Natural moisture content 2.50/each Dry unit weight, Shelby tube specimen 3.00/each Atterberg•limits LL, PL, PI 30.00/set SL 17.00/each Mechanical analysis Hydrometer 27.50/each Sieve 22.50/each Sieve, washed over 8200 27.50/each Combined hydrometer/sieve 47.00/each Specific gravity 25.00/each Unconfined compression testing Soil 11/o stress - strain curve 12.00/each w/stress - strain curve 17.00/each Rock, including cutting and capping 30.00/each SHIVE•HATTERY 3 ASSOCIATES a6 -Z Schedule of General, Field and Laboratory Fees January 1, 1980 Page Four Compaction testing (Proctor) Standard $ 65.00/each Modified 75.00/each Relative density, maximum/minimum 75.00/each California bearing ratio (single point) 100.00/each Consolidation testing, including e - log p curve Loading cycle - 1/4, 1/2, 1, 2, 4, 8, 16 tsf, 150.00/each typical Unloading cycle - 8, 4, 1 tsf typical 50.00/each Additional load or unload increments 15.00/each Time ratio curve, per load increment 12.00/each Triaxial testing Unconsolidated - undrained (Q) -3 specimens/test 175.00/test Consolidated - undrained (R) - 3 specimens/test 225.00/test Consolidated - drained (S) - 3 specimens/test 275.00/test Additional for pore pressure measurements 175.00/test Permeability testing Sample preparation 25.00/each Falling head or constant head 80.00/each Rock quality designation (RQD) determination 5.S0/each Remolded sample for test purposes 33.00/each Unified or AASHTO classification, additional to required testing 2.50/each ph determination 15.00/each Sulfate determination 20.00/each Other chemical contents On request MATERIALS - FIELD Coring of concrete or asphalt Equipment cost (per inch diameter per inch core) 1.25 Generator or water source 15.00/day Swiss hammer, concrete compressive strength 10.00/test Windsor probe, concrete compressive strength 10.00/each SHIVE•HATTERY & ASSOCIATES F_JM W1.... .: ... .. .... ... ...�. .i—... ..e.—..:. K. .. .. .... Schedule of General, yield and Laboratory Fees January 1, 1980 Page Five Nuclear densometer Equipment cost - hourly $ 5.00/hour 100.00/week Equipment cost - by test 3.00/each Pachometer (size and location of reinforcing steel) 25.00/day MATERIALS - LABORATORY Concrete - Cylinders (6" x 12" Nominal) Mold .75/each Break, including curing, capping, and reporting 5.50/each Hold, cured but not broken 3.50/each Unit density 1.50/each Cubes (2" x 2") 8.25/each Mix design DdVelopment of theoretical mix design 125.00/each Certification of existing design 75.00/each Trial batch, including 6 test cylinders 200.00/each and molds Cut specimen Absorption 11.00/each Unit density 10.00/each Trimming 10.00/cut Break, including curing, capping and reporting 11.00/each Block testing Single block -,break 17.00/each Prism - break 22.00/each Absorption 11.00/each Net area determination 17.00/each Beam testing Flexural strength, including not area determination 25.00/each Molding equipment 5.00/each SHIVE-HATTERY & ASSOCIATES .�_.�. � __ :'�^.:e: �-^.s^..-^— :, 1:-d::mCneP•rxaax✓a?�Cti• Y�et^vc� w.-. d26 � Schedule of General, January 1, 1980 Page Six E Asphalt - Field and Laboratory Fees Flash point determination Extraction (centrifical method - $15.00 additional) Extraction (centrifical method - $15.00 additional) with gradation Marshall density (3 specimens), mix provided Cut specimen Unit density If more than 3 specimens Roofing sample, quantitative - now roof Roofing sample, quantitative - existing roof Aggregates - Bulk specific gravity (SSD) Absorption Dry r6dded unit weight MISCELLANEOUS INSPECTION $ 55.00/each 60.00/each 80.00/each 35.00/each 10.00/each 7.00/each 195.00/each 250.00/each 28.00/each 22.00/each 20.00/each Caissons, piling, or earthwork inspection will be charged utlizing standard hourly rates of required technical personnel, including travel time. Equipment costs will be charged at the rates outiined above. Additional or special testing rates will be quoted on request. a SHIVE-HATTERY& ASSOCIATES 12 to RESOLUTION NO. 80-180 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE CHAPTER 28E AGREEMENT BETWEEN THE COUNTY AND CITY FOR CONGREGATE MEALS PROGRAM. WHEREAS, the County of Johnson County has entered into an Agreement with Heritage Area Agency on Aging in order to provide the elderly citizens of the Iowa City -Johnson County area with nutritional meals as part of the Title III -C federal and state nutrition program, which is known as the Congregate Meals Program; and WHEREAS, the County is no longer able to use Close Mansion for serving Congregate Meals on Saturdays and Sundays due to the closing of said county facility; and WHEREAS, it is in the mutual interest of the City of Iowa City and Johnson County to continue providing nutritional meals to elderly citizens in the Iowa City -Johnson County, Iowa area; and WHEREAS, Chapter 28E of the Code of Iowa, 1979, provides that any power exercisable by a public agency of this state may be exercised jointly with any other public agency of this state having such power. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY that the Mayor is hereby authorized to execute said Agreement, and to direct that said Agreement be filed with the Secretary of State and the County Recorder, as required under Chapter 28E, Code 1979. It was moved by Perret and seconded by Vevera 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 13th day of May , 1980. i AYOR ATTEST: - � " CITY CLERK Received R Approved By The Legal Department a63 AGREEMENT This agreement, made and entered into this 13th day of May, 1980, by and between the City of Iowa City, Iowa, a municipal corporation, hereinafter referred to as the CITY, and the Congregate Meals Program of Johnson County, Iowa, hereinafter referred to as COUNTY. WHEREAS, the COUNTY has entered into an Agreement with Heritage Area Agency on Aging to provide the elderly citizens of the Iowa City -Johnson County area with nutritional meals as part of the Title III -C federal and state nutrition program, which is known as the Congregate Meals Program; and WHEREAS, it is in the mutual interest of the CITY and COUNTY to continue providing nutritional meals to elderly citizens in the Iowa City - Johnson County, Iowa area; and WHEREAS, Chapter 28E of the Code of Iowa, 1979, provides that any power exercisable by a public agency of this state may be exercised jointly with any other public agency of this state having such power; NOW, THEREFORE, BE IT AGREED BY AND BETWEEN THE CITY AND THE COUNTY as follows: I. Scope of Services A. The CITY agrees to provide space and equipment in the Iowa City Recreation Center to the COUNTY for the sole purpose of carrying out the Congregate Meals Program, which Program in turn is being carried out pursuant to an Agreement between the Heritage Area Agency on Aging and the COUNTY effective October 1, 1979 and filed with the County Auditor. The CITY further agrees to provide a part-time City employee for opening, closing and supervising the Recreation Center during such times as the building is not ordinarily open to the public, such services to be compensated as set forth below. II. General Terms A. The CITY agrees to provide space in the Iowa City Recreation Center to the COUNTY on Saturdays, Sundays and holidays for preparation and serving of Congregate Meals, such space to include the kitchen, Rooms A and B on Saturday, and the -2 - Social Hall on Sunday, to commence May 3, 1980 and to continue until such time that said meals may be served in the Senior Center now in the remodeling stage. B. CITY agrees to provide entry to the building to a COUNTY employee for purposes of setting up tables, chairs and other necessary equipment, such access to be made available to the COUNTY employee no later than 10:30 A.M. on the appropriate days. The COUNTY agrees that use of the City's facilities will continue no later than 2:00 P.M. on any such date. C. CITY agrees to provide kitchen equipment including dishes, utensils, and silverware, in addition to tables and chairs. Storage will be provided where possible. D. COUNTY agrees that COUNTY employees shall clean the kitchen and any and all other rooms used for the Congregate Meals, including the cleaning and storage of tables and chairs such as to leave the areas in a clean and sanitary condition. E. COUNTY agrees to bag, deposit and/or remove all garbage and/or refuse generated by Congregate Meals by use of the dumpster provided at the Recreation Center, or otherwise dispose of said garbage and/or refuse. F. The parties agree that at such times as a conflict may arise as the result of a City event, other arrangements for preparing and serving the Congregate Meals may be made as mutually agreed upon between the CITY and COUNTY. G. CITY agrees to provide and the COUNTY agrees to pay for opening, closing and supervising the building at such times as the building is not otherwise open to the public. Public hours now consist of the following: 1. May 3 -May 18 at 1:00 P.M. on Saturday and Sunday. 2. August 30, 1980 -May 17, 1981 at 1:00 P.M. on Saturday and Sunday. 3. October 4, 1980 -April 4, 1981 - Recreation Department Supervisor working on Saturday from 9:00 A.M. to 10:00 P.M. 4. The building is closed on weekends during the summer months - May 24, 1980 -August 24, 1980, and all holidays. -3 - III. Co{npensation COUNTY agrees to pay for part-time City employee at the rate of $4.00/hour for opening, closing and supervising the building at such times as the building is not otherwise open to the public. IV. Indemnification The COUNTY agrees to indemnify and hold harmless the CITY, its officers, agents and employees, from and against all liabilities resulting from any unlawful acts and/or any and all negligent acts or omissions on the part of the COUNTY in the performance of the conditions set forth in this agreement. The COUNTY further agrees to defend CITY against any and all suits filed against the CITY alleging personal injury, sickness, or disease arising out of the consumption, preparation or distribution of the food served at the Congregate Meals. V. Assignment This agreement may not be assigned without written consent of the parties. VI. Termination This agreement shall become effective May 3, 1980, and shall terminate at such time when the Senior Center is available for the preparation and serving of the Congregate Meals, which specific time shall be mutually agreed upon in writing for purposes of termination. However, this agreement may otherwise be terminated upon 30 days' written notice by either party. VII. This agreement shall be filed with the Secretary of the State of Iowa and the County Recorder of Johnson County, Iowa, as required by Chapter 28E, Code. VIII. The undersigned do hereby stated that this agreement is executed in triplicate, as though each were an original, that there are no oral agreements that have not been reduced in writing in this instrument; and that this agreement constitutes the entire contract. -4 - FOR THE CITY, J HN R. BALMER, M YOR [HAROLD DONN LLY, CHAIRMAN BOARD OF SUPERVISORS JOHNSON COUNTY, IOWA ATTEST: ATTEST: CITY CLERK JOHN ON COUNTY AUDITOR STATE OF IOWA ) ) SS JOHNSON COUNTY ) On this day of May, 1980, before me, the undersigned, a Notary Publici and for said County and State, personally appeared the following persons: to me known to be the identical persons named in and who executed the within and foregoing instrument and acknowledged taht they acknowledge the same as their voluntary act and deed. Notary Public in and for Said County and State Received 8 Approved F3� Legal Departroent RESOLUTION NO. 80-181 RESOLUTION DESIGNATING PREFERRED DEVELOPER FOR URBAN RENEWAL PARCEL NO. 64-1 IN DOWNTOWN IOWA CITY WHEREAS, the City of Iowa City, Iowa, has under date September 2, 1970, entered into a contract for loan and grant with the United States of America; and, WHEREAS, the City of Iowa City, Iowa, has undertaken pursuant to said contract an Urban Renewal Project known as the City -University project I, Project No. Iowa R-14; and, WHEREAS, the City of Iowa City, Iowa, has received an entitlement of funds pursuant to the Housing and Community Development Act of 1974; and, WHEREAS, the City of Iowa City, Iowa, has, pursuant to the provisions of Title 24, Part 570, Section 570.801(c) of the Code of Federal Regulations, transferred Community Development Block Grant funds to said Urban Renewal project, and transferred control of certain real property acquired in carrying out said Urban Renewal project to the City Council of the City of Iowa City from the City Council acting as LPA, by Resolution No. 76-446, dated December 14, 1976, and by Resolution No. 77-312, dated August 9, 1977; and, WHEREAS, the City Council of Iowa City, Iowa, did, by Resolution No. 80-8, authorize the solicitation of offers to purchase land for private redevelopment; and, WHEREAS, offers to purchase land for private redevelopment were received and opened by the City of Iowa City on April 8, 1980; and, WHEREAS, all offers to purchase received have been reviewed by the City staff and the City Council; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that pursuant to the authority granted by Section 403 of the 1979 Code of Iowa and Section 570.801(c) of Part 570, title 24, Code of Federal Regulations, and pursuant to the procedures specified in Section V, Iowa City Downtown Urban Renewal Prospectus, the following developer is designated as the preferred developer of Urban Renewal Parcel No. 64-1: College Plaza Development Company and High Country Corporation, (a joint venture). ofwr Resolution N 80-181 Page 2 BE IT FURTHER RESOLVED that this designation is subject to the following conditions: As soon as possible, and in any event, no later than 60 days from the date hereof, the developer shall enter into a hotel management agreement, or otherwise secure hotel management, in a manner which is legally binding for the life of the bond issue, and shall submit said legally binding agreement to the City for approval. As soon as possible, and in any event, no later than 60 days from the date hereof, the developer shall secure a legally binding lease for the department store portion of the development, or shall provide other evidence as necessary to demonstrate to the City the certainty that the developer has the ability to obtain such a lease, and shall submit such evidence to the City. As soon as possible, and in any event, no later than July 1, 1980, the developer shall submit to the City, for the entire project, Preliminary Design Plans as defined in Section 301 of the proposed Contract for Sale of Land for Private Redevelopment. As soon as possible, the City and the developer shall conclude final negotiations regarding all provisions to be contained in the Contract for Sale of Land for Private Redevelopment. There shall be agreement on such Contract on or before July 15, 1980, it being the intent that said Contract shall be executed on or before August 19, 1980. 5. The Contract for Sale of Land for Private Redevelopment shall contain provisions requiring that the developer submit to the City, on or before September 30, 1980, all detailed financial information necessary to support the issuance of Industrial Revenue Bonds. BE IT FURTHER RESOLVED that the City Manager is hereby authorized and directed to carry out the land disposition procedures in accordance with Iowa law, and as set forth in the Iowa City Downtown Urban Renewal Prospectus. BE IT FURTHER RESOLVED that this designation of a preferred developer does not constitute formal City acceptance of any offer to purchase. BE IT FURTHER RESOLVED that the adoption of this Resolution does not constitute a rejection of the proposal submitted by the other bidder. (0/ Resolution 1 80-181 Page 3 It was moved by Roberts and seconded by Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Vevera the x Balmer x Erdahl x Lynch x Neuhauser x Perret x Roberts x Vevera Passed and approved this 13th day of May 1980. M -- Received & Approved By The Lagal Department S s-/3 -r0 6 7 RESOLUTION NO. 80-182 A RESOLUTION REGARDING THE ISSUANCE OF NOT TO EXCEED $5,000,000 IN AGGREGATE PRINCIPAL AMOUNT OF INDUSTRIAL DEVELOPMENT REVENUE INTERIM BONDS (COLLEGE PLAZA DEVELOPMENT COMPANY)AND NOT TO EXCEED $5,000,000 IN AGGREGATE PRINCIPAL AMOUNT OF INDUSTRIAL DEVELOPMENT REVENUE BONDS(COLLEGE PLAZA DEVELOPMENT COMPANYPF THE CITY OF IOWA CITY, IOWA, AND AUTHORIZING EXECUTION OF A MEMORANDUM OF AGREEMENT. WHEREAS, the City of Iowa City, Iowa (hereinafter referred to as the "City") is a municipal corporation organized and existing under the Constitution and laws of the State of Iowa, and is authorized and empowered by Chapter 419 of the Code of Iowa (hereinafter referred to as the "Act"), to issue Indus- trial Development Revenue Interim Bonds and Industrial Development Revenue Bonds, and loan the proceeds from the sale of said Interim Bonds and said Bonds to one or more parties to be used to defray all or a portion of the cost of acquiring, constructing, improving and equipping land, buildings and improv,pments suitable for use as commercial enterprises con- sisting of retail and commercial facilities which the City finds is consistent with the urban renewal plan adopted by the City, pursuant to the Act and Chapter 403, Code of Iowa; and WHEREAS, the City has been requested by College Plaza Development Company, (hereinafter referred to as the "Company"), to authorize and issue its Industrial Development Revenue Interim Bonds (the "Interim Bonds") pursuant to the provisions of the Act for the purpose of temporarily financing all or a portion of the cost of the acquisition of land within the City of Iowa City, Iowa and construction and equipping of buildings and improvements thereon suitable for use as commer- cial enterprises consisting of retail and commercial facilities (hereinafter referred to as the "Project"); and WHEREAS, the City has been requested by the Company, to authorize and issue its Industrial Development Revenue Bonds (the "Bonds") pursuant to the provisions of the Act for the purpose of permanently financing all or a portion of the cost of the acquisition, construction, improving and equipping of the Project located within the City of Iowa City, Iowa; and WHEREAS, said Interim Bonds, when issued, will be issued to temporarily finance the Project in anticipation of the issuance by the City of said Bonds, the proceeds of which, when issued, will be used to permanently finance the Project; and WHEREAS, said Project is located within the area of and is consistent with and authorized by the Project No. Iowa R-14 Urban Renewal Plan, adopted by the City, and will promote urban renewal, rehabilitation and redevelopment of the City, will eliminate blighted areas, and will provide employment oppor- tunities for residents of the City and the surrounding area; will enhance the tax base of the City and overlapping taxing jurisdictions and will provide and induce other public benefits which will add to the welfare and prosperity of the City and its inhabitants; and WHEREAS the City has determined that the amount necessary to defray all or a portion of the cost of acquisition, con- struction, improving and equipping the Project, including necessary expenses incidental thereto, will require the -4- �? 69 issuance by the City of not to exceed $5,000,000 aggregate principal amount of its Industrial Development Revenue Interim Bonds and not to exceed $5,000,000 aggregate principal amount of its Industrial Development Revenue Bonds pursuant to the provisions of the Act, and it is proposed that the City loan said amount to Company under a Iran Agreement between the City and Company pursuant to which loan payments will be made by the Company in amounts sufficient to .pay the principal of and interest and premium, if any, on said Interim Bonds and said Bonds, as and when the same shall be due; and WHEREAS, the Interim Bonds and Bonds, if issued, shall be limited obligations of the City, and shall not constitute nor give rise to a pecuniary liability of the City or a charge against its general credit or taxing powers, and the principal of and interest and premium, if any, on the Interim Bonds and the Bonds shall be payable solely out of the revenues derived from'the Project to be financed by the Interim Bonds and the Bonds; and WHEREAS, regulations promulgated under Section 103 of the Internal Revenue Code of 1954, as amended, may require that the Issuer of such Interim Bonds and such Bonds adopt a Resolution with respect to such Interim Bonds and such Bonds or take "some other similar official action" toward the issuance of such Interim Bonds and such Bonds prior to the commencement of -5- ?7e construction or acquisition relating to the proposed Project, and it is intended that this Resolution shall constitute "some other similar official action" toward the issuance of the Interim Bonds and the Bonds within the meaning of said federal income tax regulations; and WHEREAS, there has been presented to the Council a Memo- randum of Agreement, attached hereto as Exhibit "A" which sets forth certain mutual undertakings and agreements between the City and Company, relating to the further processing and issu- ance of said Interim Bonds and said Bonds, and the City believes it desirable and in its best interest that said Memorandum of Agreement be executed for and on behalf of the City; and NOW, THEREFORE, Be It and It Is Hereby Resolved by the City Council of the City of Iowa City, Iowa, as follows: Section 1. The City recognizes that regulations promul- gated Tinder Section 103 of the Internal Revenue Code of 1954, as amended, may require the taking by this City Council of official action or "some other similar official action", if interest on Industrial Development Revenue Interim Bonds and Industrial Development Revenue Bonds issued by the City and used to acquire, construct, improve and equip such project is to be exempt from federal income taxes. In order to preserve such exemption, this Resolution is intended to constitute -6- c.-? 71 solely for federal income tax purposes official action or "some other similar official action" with respect to the issuance of such Interim Bonds and such Bonds. Section 2. That in order to assure the acquisition, construction, improvement and equipping of these commercial facilities in the City of Iowa City, Iowa, with the resulting public benefits which will flow from the operation thereof, it is deemed necessary and advisable that the Memorandum of Agreement, in the form attached hereto as Exhibit "A", be approved and that the Mayor of the City be and hereby is authorized and directed to execute said Memorandum of Agreement and the City Clerk of the City be and hereby is authorized to attest the same and to affix the seal of the City thereto and said Memorandum of Agreement is hereby made a part of this Resolution. Section 3. In order that the Project will not be unduly delayed, Company is hereby authorized to make such commitments, expenditures and advances toward payment of the costs of the Project as it considers appropriate, subject to reimbursement from the proceeds of the Interim Bonds and the Bonds when and if delivered, but otherwise without liability on the part of the City. -7- aTz Section 4. That officials of the City are hereby authorized to take such further action as may be necessary to carry out the intent and purpose of the Memorandum of Agreement. Section 5. All Resolutions and Orders or parts thereof, in conflict herewith are, to the extent of such conflict, hereby repealed, and this Resolution shall be in full force and effect immediately upon its adoption. Adopted and approved, May 13, 1940. Ut of Iowa City, owa j (SEAL) «�J ,' _ in Balmer; Mayor Attest: Abbie Stolfus, City Clerk RESOLUTION NO. 80-183 A RESOLUTION REGARDING THE, ISSUANCE OF NOT TO EXCEED $7,500,000 IN AGGRHGATR PRINCIPAL AMOUNT OF INDUSTRIAL DEVII:LOI'M ENT ItI:VI:NI11: IN'1'1•:R1M BONDS (RIGH COUNS:RY.. CORPORATION) , AND NOT TO E'X I-AiD $7,500,000 IN AGGREGATE PRINCIPAL AMOUNT OF INDUSTItIA1,,DI:VI41,01)MENT REVENUE BONUS (HIGH COUNTRY CORPORATION) OF THE CITY OF IOWA CITY, IOWA, AND AUTHORIZING EXECUTION OF A MEMORANDUM OF AGREEMENT. WHEREAS, the City of Iowa City, Iowa (hereinafter referred to as the "City") is a municipal corporation organized and existing under the Constitution and laws of the State of Iowa, and is authorized and empowered by Chapter 419 of the Code of Iowa (hereinafter referred to as the "Act"), to issue Indus- trial Development Revenue Interim 13011Lis and Industrial Development Revenue Bonds, and loan the proceeds from the sale of said Interim Bonds and said Bands to one or more parties to be used to defray all or a portion of the cost of acquiring, constructing, improving and equipping land, buildings and impro0ements suitable for use as a commercial enterprise con- sisting of hotel and restaurant facilities which the City finds is consistent with the urban renewal plan adopted by the City, pursuant to the Act and Chapter 403, Code of Iowa; and WHEREAS, the City has been requester] by High Country Corporation (hereinaft(?r roferr.ed to as I:hr- "Company") , to authorize and issue its Industrial Dr!vr.lolsnr.nt Revenue Interim Bonds (the "Interim Bonds") pursuant to the provisions of the Act for the purpose of temporarily financing all or a portion of the cost of the acquisition of land within the City of Iowa City, Iowa and construction and equipping of -3- .;?%fG buildings and improvements thereon suitable for use as a com- mercial enterprise consisting of hotel and restaurant facili- ties (hereinafter referred to as the "Project"); and WHEREAS, the City has been requested by the Company, to authorize and issue its Industrial Development Revenue Bonds (the "Bonds") pursuant to the provisions of the Act for the purpose of permanently financing all or a portion of the cost of the acquisition, construction, improving and equipping of the Project located within the City of Iowa City, Iowa; and WHEREAS, said Interim Bonds, when insued, will be issued to temporarily finance the Project in anticipation of the issuance by the City of said Bonds, the proceeds of which, when issued, will be used to permanently finance the Project; and WHEREAS, said Project is located within the area of and is consistent with and authorized by the Project No. Iowa R-14 Urban,Renewal Plan, adopted by the City, and will promote urban renewal, rehabilitation and redevelopment of the City, will eliminate blighted areas, and will provide employment oppor- tunities for residents of the City and the surrounding area; will enhance the tar, base of the City and overlapping taxing jurisdictions and will provide and induce other public br,nefiU; which will add to the welfare and prooper.ity of thr: City and its inhabitants; and WHEREAS the City has determined that the amount necessary to defray all or a portion of the cost of acquisition, con- struction, improving and equipping the Project, including -4- 7 C necessary expenses incidental thereto, will require the issuance by the City of not to exceed $7,500,000 aggregate principal amount of its Industrial Development Revenue Interim Bonds and not to exceed $7,500,000 aggregate 'principal amount of its Industrial Development Revenue Bonds pursuant to the provisions of the Act, and it is proposed that the, City loan said amount to Company under a Loan Agreement between the City and Company pursuant to which loan payments will be made by the Company in amounts sufficient to pay the principal of and interest and premium, if any, on said Interim Bonds and said Bonds, as and when the same shall be due; and WHEREAS, the Interim Bonds and Bonds, if issued, shall be limited obligations of the City, and shall not constitute nor give rise to a pecuniary liability of the City or a charge against its general credit or taxing powers, and the principal of anQ interest and premium, if any, on the Interim Rands and the Bonds shall be payable solely out of the revenues derived from the Project to be financed by the Interim Bonds and the Bonds; and WHEREAS, regulations promulgated under Section 103 of the Internal Revenue Code of 1954, as amended, may require that the Issuer of such Interim Bonds and such Bonds adopt a Resolution with respect to such Interim Bonds and such Bonds or taka "som(.- other similar official action" toward the issuancr, of such Interim Ponds and such Bonds prior to Cha commenccmr:nt of: -5- ?76 construction or acquisition relating to the proposed Project, and it is intended that this Resolution shall constitute "some other similar official action" toward the issuance of the Interim Bonds and the Bonds within the meaning of said federal income tax regulations; and WHEREAS, there has been presented to the Council a Memo- randum of Agreement, attached hereto as Exhibit "A" which sets forth certain mutual undertakings and agreements between the City and Company, relating to the further processing and issu- ance of said Interim Bonds and said Bonds, and the City believes it desirable and in its best interest that said Memorandum of Agreement be executed for and on behalf of the City; and NOW, THEREFORE, Be It and It Is Hereby Resolved by the City Council of the City of Iowa City, Iowa, as follows: Section 1. The City recognizes that regulations promul- gated •under Section 103 of the Internal Revenue Code of 1954, as amended, may require the taking by this City Council of official action or "some other similar official action", if interest on Industrial Development Revenue Interim Bonds and Industrial Development Revenue Bonds insued by tho City and used to acquire, construct, improve and equip nu:h projrct i:; to be exempt from Federal incomry tax e:;. In ordr:r to I,re:;:rvu such exemption, this Resolution is intendorl to connt.itutrr solely for federal income tax purposes official action or "some other similar official action" with respect to the issuance of such Interim Bonds and such Bonds. Section 2. That in order to assure the acquisition, construction, improvement and equipping of these commercial facilities in the City of Iowa City, Iowa, with the resulting public benefits which will flow from the operation thereof, it is deemed necessary and advisable that the Memorandum of Agreement, in the form attached hereto as Exhibit "A", be approved and that the Mayor of the City be and hereby is authorized and directed to execute said Memorandum of Agreement and the City Clerk of the City be and hereby is authorized to attest the same and to affix the seal of the City thereto and said Memorandum of Agreement is hereby made a part of this Resolution. Section 3. In order that the Project will not be and uly delayed, Company is hereby authorized to make such commitments, expenditures and advances toward payment of the costs of the Project as it considers appropriate, subject to reimbursement from the proceeds of the Interim Bonds and the Ronds when and if delivered, but otherwise without liability on thre part of the City. -7- a 72 Section 4. That officials of the City are hereby authorized to take such further action as may be necessary to carry out the intent and purpose of the Memorandum of Agreement. Section 5. All Resolutions and orders or parts thereof, in conflict herewith are, to the extent of such conflict, hereby repealed, and this Resolution shall be in full force and effect immediately upon its adoption. Adopted and approved, May 13, 1980. y�of,, f, nI_o_wa1 City, wa (SEAL) er,Mayor_ n Balm i env At t:: A bie Stolfus, City Jerk RESOLUTION NO. 80-184 RESOLUTION AWARDING CONTRACT FOR THE CONSTRUCTION OF SOUTH BRANCH DETENTION STRUCTURE WHEREAS, GEE GRADING & EXCAVATING has submitted the best bid for the construction of the above- named project. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the contract for the construction of the above-named project is hereby awarded to GEE GRADING & EXCAVATING subject to the condition that awardee secure adequate performance bond and insurance certificates. It was moved by Neuhauser and seconded by Perret 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 r Perret x Roberts x Vevera Passed and approved this 20th day of May 19 80 MJ OR ATTEST: 7i- 7ra.1�1_ J ,011illc74 Received & Approved CITY CLERK -- B Th gal Depadnwnt �/6 eo d 4'd City of Iowa ty MEMORANDUM Date: May 15, 1980 To: Neal Berlin andity Co ncil From: Dick Plastino Re: Bids for the South nch Detention Structure The base bid for the south b anch detention structure includes all items that are necessary to fully omplete the dam. It includes total removal of at least one foot of soil from the entire area where the dam is to be located. It also provides for removing soil down to two feet below the existing ground surface if this is found necessary. Removal of up to two feet below existing ground surface is included in the base bid. The City does not expect to remove any more soil than this. The soils report states the following: "Site Preparation - All organic top soils in the dam area should be stripped prior to the construction of the embankment. Test borings indicate that approximately one foot of material will have to be removed; however, the actual amount can best be determined in the field by visual observation of the soil by qualified personnel as it is removed from the embankment area. After removal of these organic top soils, the top 6" of the in situ soil should be scarified and compacted in order to provide a good base upon which the embankment soils may be compacted." Although we expect to remove only one foot of soil the basic specifications provide for removal of up to two feet as part of the base bid. Just in case bad materials are found below two feet, we put a bid price in so that the price would be agreed upon before construction starts. We do not expect to have overexcavation but we put in a price just in case we do. We have discussed the price listed by the low bidder ($14 per cubic yard) and have asked why it was in excess of five of the other bidders. The contractor referred to page 0220-8 of the specifications which state the following: "Unit adjustment prices for excavation of unsuitable material include removal of material, placing backfill and compacting as specified, dewatering if required, sheeting, shoring and bracing, disposal of excess material as specified, and all other incidental work." Gee Grading feels that the most likely place for overexcavation will occur in the creek bottom. If this is correct, he feels the only way to remove the material will be by dragline. Since one of the other bidders had a unit price of $15 per cubic yard, it appears this line of thought was not unprecedented. .�19A In summary, Public Works notes the following items and makes the following recommendation: 1. The base bid price includes removal of up to two feet of ground under the entire area of the dam as part of the base bid. 2. The low bidder is $34,000 below the second low bidder. Even if some overexcavation would be required, over 2500 cubic yards of material could be removed and the low bidder would still cost less than the second low bidder. 3. The soils engineer's report indicates that the most likely course of action will be removal of less than two feet of natural material. This would seem to indicate that no use will be made of the unit adjustment price. 4. It appears the low bidder based his unit price on the most severe conditions possible, that is, removal of extremely wet material more than two feet below the creek bottom. 5. Rejection of the low bid for any but the most serious reason is immediate cause for litigation. Public Works does not feel that there is any irregularity in the prices submitted by the low bidder and we will not recommend that any consideration be given to any other bidder. 6. Public Works recommends award of the bid to Gee Grading & Excavating of Cedar Rapids. Construction of the south branch detention structure represents the first significant accomplishment on Ralston Creek since formation of a citizens' group in 1974. Construction of this dam also represents the first significant accomplishment in the entire history of Ralston Creek which spans over at least 50 years. Public Works strongly recommends that we proceed ahead with award of the bid to the low bidder. cc: Ralston Creek File #18D Bennet Reischauer bj3/7-8 A fif R Contract Forms FCRM OF CONTRACT 7448 FC 1 20 THIS AGREEMENT, made and entered into this 21 day of __MaY------ 26 1980, by and between the - City of Iowa City, Iowa 28 party of the first part, hereinafter referred to as the Cid_____ 30 and __—Gee Grading and _Excavating, _Inc. ______ ----------------' 31 party of the second part, hereinafter referred to as the 32 "Contractor," 33 WITNESSETH• 36 That whereas the__----- has heretofore caused to be 41 prepared certain plans, srecifications and proposal blanks, dated 42 the _2,]_ day of _June __, 1979, for __South _Branch Detention ------- 47 underth------------------------------------------ under the terms and ccnditions therein fully stated and set 48 forth, and Whereas, said plans, specifications and proposal accurately and 51 fully describe the terms and conditions upon which the Contractor 52 is willing to perform the work specified: 53 NOW, THEREFORE, IT IS AGREED: 56 1. That the _ City -_ hereby accepts the proposal of 61 the Contractor for the work and for the sums listed 62 below: $460,111.00 FC - 1 7448 -2,fe Contract Forms FC - 2 7448 JPA A FCRM OF CONTRACT ---- ---------- 2. That this Contract consists of the following component 65 parts which are made a part of this agreement and Con- 66 tract as fully and absolutely as if they were set out 67 in detail in this Contract: 68 A. Bidding Requirements and Conditions of the Con- 71 tract, including: 72 1. Plans list. 75 2. Notice to Bidders. 76 3. Instructions to Bidders. 77 4. General Conditions, Part I and II. 78 5. Special Conditions. 79 B. Specifications for South Branch Detention 82 Structure - Ralston Creek Stormwater Management 83 Project. C. Plans listed. 86 t. Addenda Nunbers -- 1,2,3 ------------ 90 E. Contractor's Proposal. 93 F. This Instrument. 96 Above components are complementary and what is 99 called for by one shall be as binding as if called 100 for by all. 101 3. That payments are to be made to the Contractor in ac- 104 cordance with ar.d subject to the provisions embodied in 105 the documents made a part of this Contract. 106 4. That this Contract is executed in triplicate. 110 FC - 2 7448 JPA A V Contract Forms FCRM OFCONTRACT IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals the date first written above. CITY OF IOWA CITY (Seal) (Title) ATTEST: (Title) 6-7 Contractor_�Cgg C�gdL�& E�cayating._Lnc RY---—---- — ----- (Seal) (Title) Attorney-in-Pact ATTEST: (Title) __ Nota y 122County_M—__��_ FC - 3 113 114 117 119 121 123 125 127 129 131 133 135 137 139 7448 JIM FORM OF BONI) KNOW ALI. MEN: That we GEE GRADING & EXCAVATING, INC. OF CEDAR RAPIDS, IOWA hereinafter called the Principal, and MERCHANTS MUTUAL BONDING COMPANY OF DES MOINES, IOWA and and hereinafter called the Surety or Sureties, are held and firmly bound unto THE CITY OF IOWA CITY, IOWA hereinafter called the Owner, in the sum of FOUR HUNDRED SIXTY TIiOLTSADD ONE HUNDRED ELEVEN AND N0/100 -------------------------- ly 460.111.00 for the payment whereof the Principal and the Surety or Sureties bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly, by these presents. WIIERF.AS, the Principal has, by means of a written Agreement dated ' May 21 , 1980 entered into a contract with the Owner for CONSTRUCTION OF AN EARTH EMBANKMENT STORM WATER DETENTION STRUCTURE ON THE SOUTH BRANCH OF RALSTON CREEK which agreement includes a guarantee of all work against defective workmanship and materials for a period of one year from the date of final acceptance of the work by the ohligee, a copy of which Agreement is by reference made a part hereof; Now Therefore, the condition of this Obligation is such that, if the Principal shall faithfully perform the Contract on his part and shall fully indemnify and save harmless the Owner from all cost and damage which he may suffer by reason of failure so to do and shall fully reimburse and repay the Owner all outlay and expense which the Owner may incur in making good any such default. And further, that if the Principal shall pay all persons who have contracts directly with the Principal for labor or materials, failing which such persons shall have a direct right of action against the Principal and Surety under this Obligation, subject to the Owner's priority, Then this Obligation shall be null and void, otherwise it shall remain in full force and effect. Provided, however, that no suit, action or proceeding by reason of any default whatever shall be brought on this Bond after two years from the date of final acceptance of the work. Form 3803-1 FB -1 Formerly 216-1 7448 JIM And Provided, dun any nhrrntinns which silty he made in the erns of the Contract, or in the work to be done 1 under it, or the giving by the Owner of any extension of time for the performance of the Contra.:, or any ,her forbearance on the pan of richer the Owner or the Principal to the other shall not in any way release the Principal and file Suretv or Sureties, or either or any of them, their heirs, executors, administrators, successors or assigns from their liability hereunder, notice to the Surety or Sureties of tiny such alteration, extension or forbearance being hereby waived. And Further Provided, the Principal and Sureties on this bond hereby agree to pay all persons, firms, or corporations having contracts directly with the principal or with subcontractors all just claims due them for labor performed or material furnished, in the performance of the contract on account of which this bond is given, when the same are not satisfied out of the portion of the contract price which the Owner shall retain until completion of the improvement but the principal and Sureties shall not be liable to said persons, firms• or corporations unless the claims of :aid claimants against said portions of the contract price shall have been established as provided by law. Every Surety on this bond shall be deemed and held, tiny contract to the contrary notwithstanding, to consent without notice: a. To the extension of time to the Principal in which to perform the contract. b. To changes in the plans, specificncions, or contract, when such changes do not involve an increase of more than twenty percent or the total contract price, and shall then be released only as to such excess increase. c. That no provision of this bond or of any other contract shall he valid which limits to less than two years from the darn of final acceptance of the work the right to sue on this bond for defects in workman- ship or material not discovered or known to the obligee at the time such work was accepted. This Bond is executed in triplicate. GSigned and Sealed chis In Presence of Form 3803-1 Formerly 216-1 _ dry of May , 1980 . GEE GRADING & EXCAVATING, INC. SEAL) as to Principal PRESIDENT ) as to Principal SEAL) (SEAL) as to Surety MERG: NnTN ONPANY (SEAL) as Aa ; uret NT-y T ORNEY-IN-&ACT FB -2 7448 J& MERCH. ITS MUTUAL BONE G COMPANY DES MOINES, IOWA POWER OF ATTORNEY Know All Men -By These Presents, Ihat the MERCHANTS MUTUAL OONumr; COMPANY, a corp ontion duly organized under the laws of the State of Iowa, and having its principal office in the City of Des Moines, County of folk, State of Iowa, hath made, constituted and appointed, and does by these presents make, constitute and appoint D.R. McCoy of Cedar Rapids and State of Iowa its true and lawhd Attorney -in -Fact, with full power and authority hereby conferred in its name, place and stead, to sign, execute, acknowledge :and deliver in its behalf as surety: Any or all bonds or undertakings,provided that no bond or undertaking executed under this authority shall exceed in amount the sum of FIVE HUNDRED THOUSAND ($500,000.00) DOLLARS. 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 -of -Attorney is made and executed pursmnt to and by authority of the following By -Law adopted by the Board of Directors of the MERCHANTS MUTUAL BONDING COMPANY. ARTICLE 2, SECTION SA. ='The Chariman of the Board or President or any Vice President or Secretary shall have power and authority to appoint Auorrteys-in-Fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof." In Witness Whereof, MERCHANTS MUTUAL BONDING COMPANX.htshcaused these presents tohc,signeJ by its President 9 and Vice President, and its corporate seal to be hereto affixed, this LL / day of (1 p I A. D., 19 Attest: By Ylrr Praid"' STATE OF IOWA COUNTY OF POLK MERCHANTS MUTUAL BONDING COMPANY On this 27th day of A r 1 1 ,19 ] 9, before me appeared W.W. Warner and William Warner, to me personally known, who being by me duly sworn did say that they are President and Vice President respec- tively of the MERCHANTS MUTUAI. BONDING COMPANY, the corporation described in the foregoing instrument, and that the Seal affixed to the said insuvumnt is the Corporate Scal of the said Corporationand that the said instrument was signed and scaled in behalf of said Corporation by authority of its Board of Directors. In Testimony Whereof, 1 have hereunto set my hand and affixed by Official Seal, at the City of Des Moines, Iowa the day and year first above written. 1,. S ,�, / N ip Numry /'uAfir, Polk Coun IOWA f i At, C,,.iWbnnExplrn 9-30-81 STATE OF IOWA T 44 1 «%- 4 }-A�, Spr�'� COUNTY OFPOLK ss. - rm>erw.a" 1, William Warner, Vice President of the MERCIIANT'S MUTUAI. BONDING COMI'At,*K"'UI'YdrfYL; that the above and foregoing is a true and correct copy of the POWER OF ATfflRjJi J'(t1Aa�' AQ,ri� MERCHANT'S BONDING COMPANY, which is still !it force and effect. S *...... " In Witness Whereof, 1 have hereunto set my hand an(] affixeI the seal of the Company, it this 21st dapof May 19, 0 - _-'~ 1933 . Int This power of attorney expires Until Revoked Ifo NAME AND ADDRESS OF AGENCY Paul C.. McCoy & Co. COMPANIES AFFORDING COVERAGES 2000 First Avenue NE';'MIAN A Travelers Cedar Rapids, Iowa 52402 COMPANY Lf TTTR NAME AND ADDRESS OF INSURED C COMPANY Gee Grading & Excavating, Inc. TETTER P.O. Box 1462 COMPANY D Cedar Rapids, Iowa 52406 ETTER A r UMBRELLA FORM ❑ OTHERTHAN UMBRELLA FORM CUP-10OB775-7-79 WORK ERS'COM PENSAT ION and A EMPLOYERS' LIABILITY VO -UB -570B897-1-79 OTHER 10-01-80 BODILY INJURY AND PS 1, 000 51, 000 PROPERTY DAMAGE COMBINED STATUTORY I „ 10-01-80 1500 DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES South Branch Detention Structure, Ralston Creek, Iowa City, Iowa Cancellation: Should any of the above desCrl ed policies be cancelled before the expiration date thereof, the issuing com- pany will endeavor to mail .L 55— days written notice to the below named certificate holder, but failure to mail such notice shall impose no obligation or liability of any kind upon the company. NAME AND ADDRESS OF CERTIFICATE 1101 DER. The City Of Iowa City Iowa City, Iowa 52240 ACORD 25 (1.79) DATE ISSUED. 05-21-80 B l P ul CvTm000 COMPANY LETTER C This is to certify that policies of insurance listed below have been Issued to the insured named above and are in force at this time. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions and conditions of such policies. Limits of Liabil ty In Thousands COMPANY LETTER TYPE OF INSURANCr POI ICY NUMBER POLICY E%19RATION DATF FACH AGGREGATE OCLURHLNLE GENERAL LIABILITY none v InnJRv $ $ A {� 91I COMPREHENSIVE FORM 650 -100B774 -5 -IND -79 10-01-80 91 PREMISES—OPERATIONS PROPERTY DAMAGE S $ KI EXPLOSION AND COLLAPSE HAZARD 'U UNDERGROUND HAZARD PRODUCTS/COMPLETED OPERATIONS HAZARD BODILYINJURYAND CONTRACTUAL INSURANCE PROPERTY DAMAGE 5 5 00 $500 BROAD FORM PROPERTY COMBINED E� DAMAGE INDEPENDENT CONTRACTORS PERSONAL INJURY s500 {J PERSONAL INJURY AUTOMOBILE LIABILITY BODILY IN JURY 1 A c] COMPREHENSIVE FORM 650-10OB774-5–IND-79 10-01-80 AC IPERSO BODILYINJURY�OO S OWNED (EACHACCIORIT) S HIRED PROPERTYDAMAGE HOLM. Y INJURY AND $ iSJ NON -OWNED PROPERTY DAMAGE 500 A r UMBRELLA FORM ❑ OTHERTHAN UMBRELLA FORM CUP-10OB775-7-79 WORK ERS'COM PENSAT ION and A EMPLOYERS' LIABILITY VO -UB -570B897-1-79 OTHER 10-01-80 BODILY INJURY AND PS 1, 000 51, 000 PROPERTY DAMAGE COMBINED STATUTORY I „ 10-01-80 1500 DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES South Branch Detention Structure, Ralston Creek, Iowa City, Iowa Cancellation: Should any of the above desCrl ed policies be cancelled before the expiration date thereof, the issuing com- pany will endeavor to mail .L 55— days written notice to the below named certificate holder, but failure to mail such notice shall impose no obligation or liability of any kind upon the company. NAME AND ADDRESS OF CERTIFICATE 1101 DER. The City Of Iowa City Iowa City, Iowa 52240 ACORD 25 (1.79) DATE ISSUED. 05-21-80 B l P ul CvTm000 RESOLUTION NO. 80-18S RESOLUTION AUTHORIZING THE CITY OF IOWA CITY, IOWA TO ALLOW FOR THE CONVERSION OF A REHAB I LOAN TO A FORGIVABLE LOAN UNDER THE 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 rehabiliation. 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 Erdahl and seconded by Roberts 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 20th day of May 1980. / AYOR ATTEST:p CITY CLERK RTh PProved g p BY Tho eParhnent s�oz �O o? P CHAPTER 12. CONVERSION OF REHAB I LOAN TO A FORGIVABLE LOAN 1. GENERAL This chapter establishes procedures and criteria to allow for the conversion of a Rehab I loan to a forgivable loan in cases of financial hardship. 2. CONDITIONS To be considered for a conversion the applicant must be in compliance with the following criteria: A. Be a recipient of a Rehab I Loan. B. Due to incompacitiating illness or death of one of the borrowers of a Rehab I Loan, the applicant/borrower has suffered a decrease in income such that payments on the Rehab I loan cannot be made. C. Is now eligible on the income and assets limitations as established in chapter four of the Forgivable Loan Program. 3. LIMITATIONS ON THE AMOUNT OF FORGIVABLE LOAN The amount of a Forgivable Loan that an applicant may receive shall be limited to the balance remaining on the Rehab I Loan. 4. TERMS AND CONDITIONS The staff shall prepare forgivable loan application forms, conduct such verifications and research as required, and prepare a promissory note in accord with Chapter 5 of this manual. The application and supporting documentation shall be presented to the Housing Commission along with a stbtement comparing the income and asset changes that have taken place causing the financial hardship and request for conversion to a forgivable loan. The Housing Commission shall act on the staff recommendations by either approving or rejecting a request for conversion. A. The conversion, if approved by the Housing Commission, shall be made in such manner that the Rehab I loan is converted to a forgivable loan with all income, assets, terms and notes computed to of the date of conversion. B. Requests for conversion disapproved by the Housing Commission shall be recorded in the City Rehabilitation records. Applicants for whom a conversion has been denied may 1) appeal the denial to the City Council in writing, 2) reapply for consideration of a conversion when income, assets or other factors affecting ability to pay make eligibility for conversion a possibility. C. All requirements regarding income, assets, limitations, terms and conditions and administrative procedures for forgivable loans shall be in accord with this Manual. af/ RESOLUTION NO. 80-186 RESOLUTION APPROVING CLASS C LIQUOR CONTROL LICENSE APPLiCR= BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Liquor Control License application is hereby approv7or the following named person or persons at the following described location: Pershell Corp. dba Colonial Bowling Lanes, 2253 Hwy. 218 South Said approval shall be subject to any conditions or re- strictions hereafter imposed by ordinance or State law. The City Clerk shall cause a recommendation for approval to he endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond, sketch of the premises and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by Vevera and seconded by Roberts that the Resolution as read be adopted, and upon roI ca TT there were: AYES: NAYS: ABSENT: Balmer x Lynch x Erdahl X Neuhauser X Perret x _ Roberts x _ Vevera x Passed and approved this 3rd day of June , 19 80 or Attest: a, i City Clerk M /Cep. RESOLUTION NO. 80-187 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: Pershell Corp. dba Colonial Bowling Lanes, 2253 Hwy. 218 South 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 Vevera 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 x Perret x Roberts x Vevera x Passed and approved this 3rd day of June , 19 80 a or Attest: JI&_ ) City Clerk o? 0?3 RESOLUTION NO. 80-188 RESOLUTION APPROVING CLASS C LIQUOR CONTROL LICENSE APPLICA7rM BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Liquor Control License application is hereby approved7or the following named person or persons at the following described location: Spayer & Co., LTD dba The Airliner, 22 S. Clinton Said approval shall be subject to any conditions or re- strictions hereafter imposed by ordinance or State law. The City Clerk shall cause a recommendation for approval to he endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond, sketch of the premises and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by that the Resolution there were: Balmer Lvnch Erdahl Neuhauser Perret Roberts vevera Vevera and seconded by Roberts as reaT-Ue adopted, and upon—r-0-11--ca= AYES: NAYS: ABSENT: x x x x x x x Passed and approved this 3rd day of June , 19 80 .��ai yor Attest: City Clerk �7pJ4 .SOLUTION NO. 80-189 RESOLUTION APPROVING CLASS LIQUOR CONTROL LICENSE APPLIi.iTION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Liquor Control License application is hereby epp--- J7or the following named person or persons at the following described location: Boulevard Room, LTD. dba That Bar/That Deli, 325 E. Market St. Said approval shall be subject to any conditions or re- strictions hereafter imposed by ordinance or State law. The City Clerk shall cause a recommendation for approval to he endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond, sketch of the premises and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by that the Resolution there were: Balmer Lynch Erdahl Neuhauser Perret Roberts Vevera Vevera and seconded by R ass read be adopted, and upon ca AYES: NAYS: ABSENT: x x x x x x x Passed and approved this 3rd day of June 1980 Attest: � z City Clerk Jr .S lPGo j/ l - RESOLUTION NO. 80-190 RESOLUTION TO ISSUE DANCING PERMIT BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Dancing Permit as provided by law is hereby granted to the following named person and at the following described locations upon his filing an application, having endorsed thereon the certificates of the proper city officials as to having complied with all regulations and ordinances, and having a valid Class "B" Beer Permit or liquor control license, to wit: Boulevard Room, LTD. dba That Bar, That Deli, 325 E. Market Street It was moved by Vevera and seconded by Roberts that the Resolution as read e a opted, and upon rol ca t ere were: AYES: NAYS: ABSENT: Balmer x Lynch x Erdahl x Neuhauser x Perret x Roberts x Vevera x Passed and approved this 3rd day of June 19 80 . or Attest: City Clerk 02810 le4olIs RESOLUTION NO. 80-191 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: Crow's Nest, Inc. dba The Crow's Nest, 328 E. Washington 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 Vevera and seconded by Roberts that the Resolution as read be adopted, and upon roll call there were: Balmer Lynch Erdahl Neuhauser Perret Roberts Vevera AYES: NAYS: x Passed and approved this 19 80 or ABSENT: M x 3rd day of June Attest: City Clerk a? RESOLUTION NO. 80-192 RESOLUTION APPROVING CLASS G LIQUOR CONTROL LICENSE APPLTUTT O BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class c Liquor Control License application is hereby approvrov�Tor the following named person or persons at the following described location: Groggeries, LTd, dba The Nickelodeon, 208 N. Linn Said approval shall be subject to any conditions or re- strictions hereafter imposed by ordinance or State law. The City Clerk shall cause a recommendation For approval to he endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond, sketch of the premises and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by that the Resolution there were: Balmer Lynch Erdahl Neuhauser Perret Roberts Vevera Vevera and seconded by Roberts as rea�be adopted, and upon—� ca Passed and approved this AYES: NAYS: ABSENT: x x x x x x x 3rd day of June a or Attest: (�&_ 22�0�'_ City Clerk M RESOLUTION NO. 80-193 RESOLUTION SETTING PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRAST, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE FY81 ASPHALT RESURFACING PROJECT DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECT- ING CITY ENGINEER TO PLACE SAID PLANS, ETC., ON FILE FOR PUBLIC INSPECTION. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That a public hearing on the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project is to be held on the _I_L-day of _,IUap , 1980 , at 7.30 o'clock P.M in the Council Chambers, Civic Center, Iowa City, Iowa. 2. That the City Clerk is hereby authorized and directed to publish notice of the public hearing for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the city, not less than four (4) nor more than twenty (20) days before said hearing. 3. That the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project are hereby ordered placed on file by the City Engineer in the office of the City Clerk for public inspection. It was moved by Vevera and seconded by Roberts that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x Erdahl x Lynch x Neuhaus,er x Perret x Roberts x Veyera Passed and approved this 3rd ATTEST: day of J 19 80 RESOLUTION NO. 80-194 RESOLUTION SETTING PUBLIC HEARING ON AMENDING THE FY80 BUDGET ENDING JUNE 30, 1980. BE IT RESOLVED by the City Council of Iowa City, Iowa, that a Public Hearing be held in the Civic Center at 7:30 p.m., June 17, 1980, to permit any taxpayer to be heard for or against the pro- posed amendment to the FY1980 Budget ending June 30, 1980. The City Clerk is hereby directed to give notice of public hearing and time and place thereof by publication in the Iowa City Press Citizen, a newspaper of general circulation in Iowa City, not less than four (4) days and not more than twenty (20) days before the time set for such hearing. It was moved by Vevera and seconded by Roberts that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Balmer X Lyn ch X Erdahl X Neuhauser X Perret X Roberts X Vevera Passed and approved this 3rd day of June 1980. 91, � ATTEST: CITY CLERK Received !l, Approved By The legal Deparirmnt �h..✓ Sia ��8'U RESOU]TION NO. 8 0 -19 5 RESOLUTION ACCEPr'NG ARTHURSTRF�pTITARY SEWER EXTENSION SEAS, the Engineering Department has certified that the following improvenents have been completed in accordance with plans and specifications of the City of Iowa City, Sanitary sewer for Arthur Street sanitary sewer extension, l.Pts 1 and 2 of Towncrest Addition as constructed by knowling Brothers Contracting Company of Iowa City, Iowa. AND WHEREAS, Maintenance Bonds for Knowlino Brothers Contract ke on file in the City Clerk's Office, NCW THERE "ORE BE IT RESOLVED by the City Council of Iowa City, Iowa, that said improvements be accepted by the City of Iowa City. It was moved by V e v e r a and seconded by Roberts that the Resolution as read be accepted, and upon roll call tFieFe were: AYES: NAYS: ABSENT: 1"M11110 Erdahl x Lynch x Neuhauser x Perret x Roberts x Vevera x Passed and approved this —3rd day of June , 19 80 ) `RECEIVED & A�PPROVED ATTEST: B`T LEGAL.DEPAR� T� Aa L-) City Clerk 0191 CITY OF CIVIC CENTER 410 E. WASHINGTON ST. OWA C ITY IOWA CITY IOWA 52240 (319) 354.180 ENGINEER'S REPORT May 27, 1980 Honorable Mayor and City Council Iowa City Iowa Dear Honorable Mayor and Councilpersons: I hereby certify that the construction of the improvements listed below 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. Sanitary sewer for Arthur Street sanitary sewer extension, Lots 1 and 2 of Towncrest Addition as constructed by Knowling Brothers Contracting Company of Iowa City, Iowa. I hereby recommend that the above mentioned improvements be accepted by the City of Iowa City. Respectfully submitted, Charles J. Schmadeke, P.E. City Engineer tp3/1 a9/ � J = n ------------ MAINTENANCE BOND l(now all men by tleese presents That KNOWLING BROS. CONTRACTING CO., an Iowa corporation of Iowa City, Iowa as Principal, and the UNITED FIRE & CASUALTY COMPANY, AN IOWA CORPORATION of CEDAR RAPIDS, IOWA, and authorized to do business in the state of Iowa as Surety, are held and firmly bound unto the CITY OF IOWA CITY, IOWA in the penal sum of SIX THOUSAND, TWO HUNDRED AND NO/100 --------------------------------- ($ 6.200-00 ] 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, and administrators, successors and assigns, jointly and severally, firmly by these presents. Signed and delivered this 22nd day of May A. D. 19 80 with Merrell Johnson, Iowa City, Iowa Whereas, the said Principal entered into a certain contract/ dated the day of September , 19 79 , to furnish all the material and labor necessary for the construction of Arthur Street Sanitary Sewer Extension, Lots 1 and 2 of Towncrest Addition, Iowa City, Iowa 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 with a period of two (2) years from the date of acceptance of the work under said contract; and Whereas, the said UNITED FIRE & CASUALTY COMPANY, of CEDAR RAPIDS, IOWA, for a valuable consideration, has agreed to join with said Principal in such bond or guarantee, indemnifying said CITY OF IOWA CITY, IOWA as aforesaid; Now, Therefore, the Condition of This Obligation is Such, that if the said Prindpal doe, and shall, at his own cost and expense, remedy any and all defects that may develop in said work, within the period of two (2) 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 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' KNOWLING BROS. CONTRACTING CO. Principal i By UNITED FIRE & CASUALTY COMPANY j . UND-2055-b By -� �C�'z/[�"�/"/-✓/)!�/)_t-' Attorney-in-fact and l.x%7� t ,.,a ooe; for i a. ,+ TED FIRE & CASUALTY COMPANY nOME OFFICE — CEDAR RAPIDS, IOWA CERTIFIED COPY OF POWER OF ATTORNEY (Original on file at Home Office of Company — See Certification) KNOW ALL MEN BY THESE PRESENTS, That the UNITED FIRE & CASUALTY COMPANY,a corporation duly organized and existing under the laws of the State of Iowa, and having its principal office in Cedar Rapids, State of Iowa, does make, con- stitute and appoint Patricia R. Zahn, or L. Pieratt, Jr., or David F. Freiermuth, or Theresa Juhl, or Veronica Monaghan, or Lowell Zapf, or Samuel M. Beatty, All Individually of Waterloo, Iowa its true and lawful Attorney(s)-in-Fact with power and authority hereby conferred to sign, seal and execute in its behalf all law- ful bonds, undertakings and other obligatory instruments of similar nature as follows: -- Any and all bonds -- and to bind UNITED FIRE & CASUALTY COMPANY thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of UNITED FIRE & CASUALTY COMPANY and all the acts of said Attorney, pursuant to the authority hereby given are hereby ratified and confirmed. The Authority hereby granted shall expire January 30, 1902 unless sooner revoked. This power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the Board of Directors of the Company on April 18, 1973. "Article V —Surety Bonds and Undertakings." Section 2. Appointment of Attorney -in -Fant. "The President or any Vice President, or any other officer of the Company, may, from time to time, appoint by written certificates attorney. -In -fact to act in behalf of the Company in the execution of Policies of insurance, bonds, undenakinga and other obligatory Instruments of like nature. The signature of any officer autho- rized hereby, and the Corporate sed, may be affixed by facsimile to any power of attorney or special power of attorneyor cer- tification of either authorized hereby; such signature and seal• when an used. being adopted by the Company as the original signature of such officer and the original .eel of the Company, to be valid and binding upon the Company with the sem. force and effect as though manually affixed. Such attorneys -in -fact, subject to the limitations set forth In their respective certificates of authority shall have full power to bind the Company by their signature and execution of any such instruments and to attaeh the seal of the Company thereto. The President or any Vice President, the Board of Directors or any other officer of the Com. Party may at any time revoke an power and authority previously given to any attorney -In -fact. �casu4 , 'W 'CORPORAIC`S= SEAL%g IN WITNESS WHEREOF, the UNITED FIRE & CASUALTY COMPANY has caused these presents to be signed by its vice president and its corporate seal to be hereto affixed this30th day of January , A.D. 1980 . State of Iowa, County of Linn, ss: UNITED FIR�E7 & CASUALTY COMPANY By /we President On this 30th day of January 1980 , before me personally came Richard J. Ehlinger to me known, who being by me duly sworn• did depose and say: that he resides in Cedar Rapids, State of Iowa; that he is a Vice President of the UNITED FIRE & CASUALTY COMPANY, the corporation described in and which executed the above instru• ment; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. ROGER G. HECKROTH MY COMMISSION EXPIRES September 30.1980 CERTIFICATION Notary Public My commission expires September 30, 19 8 0 I, the undersigned officer of the UNITED FIRE & CASUALTY COMPANY , do hereby certify that 1 have compared the fore- going copy of the Power of Attorney and affidavit, and the copy of the Section of the By -Laws of said Company as set forth in said Power of Attorney, with the ORIGINALS ON FILE IN THE HOME OFFICE OF SAID COMPANY, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect. In testimony whereof I have hereunto subscribed my name and affixed the corporate seal of the said o;' W RPORAiC \S Jg_ Company this 22nd day of May Ig 80 SEAL ,,• i.. �'•c'1 as ,os ,o, j' V� UND 2l7 g 8B ` Secretary I C RESOLUTION NO. 80-196 RESOLUTION APPROVING PRELIMINARY AND FINAL PLAT OF NEWPORT PARK SUBDIVISION WHEREAS, Paul Fuhrmeister and Alice Fuhrmeister have submitted an application for approval of a preliminary and final plat of Newport Park Subdivision located within the unincorporated limits of Johnson County, Iowa, said plat being for the following described real estate: Commencing at the Northwest Corner of the Southwest Quarter of Section 31, Township 80 North, Range 5,West of the 5th Princi- pal Meridian; Thence S89015'31"E, 157.28 feet to the centerline of the Countv Road and the Point of Beginning; Thence S89015'31"E, 1240.11 feet; Thence S00033'04"E, 1118.01 feet to the centerline of the County Road; Thence Northwesterly along the centerline of said County,Road the following courses; Northwesterly 265.16 feet on a 210.00 foot radius curve, concave Southwesterly whose 247.90 foot chord bears N36043129"W; Thence N72053'53"W, 499.39 feet; Thence North- westerly 256.60 feet on a 245.00 foot radius curve concave Northeasterly whose 245.03 foot chord bears N42053'38"W; Thence N12053'23"W, 67.39 feet; Thence Northwesterly 275.53 feet on a 484.66 foot 'curve, concave Southwesterly whose 271.84 foot chord bears N29010135"W; Thence N45027'46"w, 436.16 feet to the Point of Beginning. Said tract containing 17.739 acres; and WHEREAS, said plat is within Iowa City's two-mile extra- territorial subdivision jurisdiction; and WHEREAS, the plat of Newport Park Subdivision has been recommended for approval by the Planning & Zoning Commission of the City of Iowa City; and WHEREAS, the City Council of Iowa City has determined that the proposed plat of Newport Park Subdivision should be approved. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY that: 1. The plat of Newport Park Subdivision is hereby approved and the city clerk is authorized and directed to certify that a a Eli pAw 2 1 19"n ABBIE STO)PIS, CITY CLERK (3) a 9-z -z- approval to the Johnson County Board of Supervisors and the Johnson County Recorder. It was moved by Roberto and rocordod by Vevera that the Resolution as read be adopted and, upon roll call, there were the following: AYES: NAYS: ABSENT: x x x x Passed and adopted this 3rd Attest: �� i=J CITY CLERK Balmer E rdaht Lynch x Neuhauser Perret Roberts Ve ve ra day of June , 1980. MAYO Recen,od g Approved BY The legal Dopa"Ment a 9.3 fl e S. F /I- RESOLUTION e RESOLUTION NO. 8O-197 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AGREEMENTS WHEREBY THE CITY WILL ACQUIRE CERTAIN FEE AND EASEMENT RIGHTS IN PROPERTY OWNED BY ALBERT AND WILFREDA HIERONYMUS IN CONNECTION WITH THE SOUTH BRANCH RALSTON CREEK STORMWATER DETENTION PROJECT. WHEREAS, it is in the public interest to construct certain stormwater detention improvements (dam) in the South Branch Ralston Creek area in Iowa City and Johnson County; and WHEREAS, it is necessary to acquire a portion of property owned by Wilfreda and Albert Hieronymus, together with certain other easement rights adjacent and appurtenant thereto, in order to construct said dam. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. The Mayor is authorized to sign and the City Clerk to attest an Agreement with Wilfreda Hieronymus and Albert Hieronymus as owners of said property. 2. The Mayor is authorized to sign and the City Clerk to attest the permanent flowage easement and agreement and noted "Exhibit B", which agreement is between the City and Wilfreda Hieronymus and Albert Hieronymus as owners in fee of said property for purposes of flowage easement only. It was moved by Vevera and seconded by rerret 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 this 3rd day of June � ATTEST: c (4 City Clerk Mayor Received & Approved By The Legal Departr ,20 0 o2 ! 41 THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation, hereinafter called CITY, and Albert N. Hieronymus and Wilfredo A. Hieronymus, husband and wife, of Johnson County, Iowa, hereinafter called OWILEM. WHEREAS, the Owners have fee title to certain real estate located within Johnson County, Iowa, within or adjacent to the corporate limits of the City, and WHEREAS, the City has determined that it is in the public interest to erect a dam on Ralston Creek for flood control purposes and for such purpose to acquire certain real estate belonging to the Owners, and WHEREAS, the parties in lieu of condemnation proceedings, have agreed to the acquisition of certain property interests of the Owners by the City and the amount to be paid to the owners as "just compensation". 1. Taking. The City shall acquire by warranty deed from the Owners the fee title to certain real estate designated as Parcel 1 and Parcel 3 on Exhibit "A" attached hereto and by this reference made a part hereof and shall acquire a flowage easement over the real estate described as Parcel 2 on Exhibit "A". In addition, the City shall acquire a borrow easement to be used for the purpose of acquiring earth for the construction of the dam on certain real estate designated as Parcel 1-A on Exhibit "A". All of the foregoing may sometime hereinafter be referred to as the "taking". 2. Compensation. The owners shall receive from the City the sum of $320,000 which shall be paid at the time the City takes possession of any portion of the property described on Exhibit "A". 3. Possession. The City shall be entitled to possession after execution of this Agreement but such possession is subject to the rights, if any, of the farm tenant and is also subject to the provisions of this Agreement. In any event, the City shall acquire possession of said real estate on or before June 30, 1980. 4P 17S- -2- 9. Abstract - Deed. Conveyance to the City by the Owners shall be made pursuant to proper legal instrument subject to the terms and provisions of this Agreement. The Owners warrant that they have merchantable title to said real estate and will furnish the City with abstracts continued to a date not earlier than May 30, 1980, showing their title PROVIDED the City shall be responsible for documentary transfer tax and the expense of continuing the abstracts. The abstracts may be copied by the City but shall be returned to the Owners within a reasonable period of time. 5. Flowage Easement. The flowage easement described in Exhibit "A" as Parcel 2 shall be the subject of a separate instrument entitled "Agreement and Permanent Flow- age Easement" and shall be executed by the owners with the City as grantee in the form and subject to the conditions more particularly described in Exhibit "B" attach- ed hereto and by this reference made a part hereof. 6. Borrow Easement. From the Parcel of real estate described in Exhibit "A" as Parcel 1 A, the City shall be permitted to remove earth for the purpose of con - strutting a dam subject to the following conditions: a. Prior to taking borrow the City shall remove the topsoil according to United States Soil Conservation Service Standards to a depth not exceeding one foot and preserve the same until such time as the borrow has been removed from the area. b. The borrow material for construction purposes is estimated to be approximately 50,000 cubic yards of earth. In any event, the City shall not remove more soil than necessary for its construction of the project. If necessary, the City may remove an additional amount of earth not to exceed 5,000 cubic yards for construction purposes on the project without the payment of any additional compensa- tion to the Owners. c. Immediately after the removal of borrow the City shall replace the topsoil pursuant to United States Soil Conservation Service Standards, grade and level the borrow area, and return possession of Parcel 1-A to the Owners upon can- pletion of dam construction or December 15, 1980, whichever is earlier. a0 -3- d. The Owners shall have the right to use Parcel 1-A in any manner that does not interfere with the City's use thereof. e. The City shall indemnify the owners against any claims or damages which may occur through the exercise of the borrow easement rights. f. The City shall have the right of access to Parcel 1-A from Parcel 1 and Parcel 3 as may be necessary for the proper use of the borrow area during construc- tion. No permanent structure of any kind shall be placed upon Parcel 1-A by the City or the owners during the construction period. 7. Shed. The Owners shall have the right to remove the existing shed on the Parcel being acquired by the City near American Legion Road PROVIDED that the structure is removed by:the Owners within a period of thirty (30) days following notice from the City to them or prior to June 1, 1981, whichever shall first occur. In any event, such removal shall not interfere with construction on the project. 8. Fence. After canpletion of the dam project and in any event no later than May 15, 1981, the City shall construct a "hog tight" fence on the boundary lines of Parcel 1 and Parcel 3. 9. Access. After the taking Owners will have property remaining east of the project area and west thereof. The City will designate and construct an access to permit ingress and egress between Owners' property remaining east of the dam and west of Scott Boulevard, said access to permit the removal of machinery and farm vehicles from one tract to the other. 10. Boundary Line. Upon receipt of written request by the Owners, the City will install pins or markers denoting the easterly and southerly boundary line of Parcel 2 (flowage easement) in such manner so that there will be no interference with agriculture use of the area. 11. Sewer Extension. The plans and specifications for the construction of the dam provide for the installation of a sanitary sewer and manhole located east of the structure. From such location the City shall install, not later than June 1, 1981, a sanitary sewer extension to a point which is 20 feet east of the upstream toe of a 97 -4 - the dam to a manhole located southeast of Ralston Creek and the Owners agree to reimburse the City for such extension in an amount not to exceed $10,000 which shall include any tap -on or other service fee. The reimbursement shall be made at such time as the extension has been completed. 12. Buffer Zone. The City shall establish a buffer zone consisting of conifer- ous trees and shrubs, either or both, on the right of way of Scott Boulevard on both sides of the road from American Legion Road north to the southernmost point of the proposed dam. Such installation to be made by the City not later than June 1, 1982• DATM at Iowa City, Iowa, this 3rd CITY OF IDA CITY, IOWA day of June, 1980. WILFREDA A. IIIERONYMS 0 BY BY day of June, 1980. WILFREDA A. IIIERONYMS W P.XI- = "A" Parcel 1: Beginning at the West quarter corner of Section 18, Township 79 North, Range 5 West of the Fifth Principal Meridian, Johnson County, Iowa; thence N 0043139" W 1052.00 feet along the Westerly line of the Northwest fractional one quarter of said Section 18 to a point (this is an assumed bearing for the purposes of this description only); thence N 44008'19" E 602.30 feet to a point; thence N 2051'10" E 400.23 feet to a point of intersection with the Southerly line of property described in Warranty Deed recorded in the Johnson County Recorder's office, Book 395, Page 317; thence South 89028'11" E 1025.53 feet along said Southerly line to a point; thence S 51013126" W 690.75 feet to a point; thence S 21101'45" W 209.73 feet to a point; thence S 0043139" E 756.03 feet to a point; thence N 88039159" W 803.97 feet to a point; thence S 0143'39" E 510.00 feet to a point of intersection with the Southerly line of said Northwest fractional one quarter of Section 18; thence N 88°39'59" W 50.03 feet to the point of beginning; and containing 25.26 acres more or less. Parcel 1-A: Commencing as a point of reference at the West quarter corner of Section 18, Township 79 North, Range 5 West of the Fifth Principal Meridian, Johnson county, Iowa; thence N 0°43'39" W 1052.00 feet along the Westerly line of the Northwest fractional one quarter of said Section 18 to the point of beginning of the tract herein described (this is an assured bearing for purposes of this description only); thence continuing N 0°43'39" W 836.22 feet to the Southerly line of a parcel described in Warranty Deed recorded in Johnson County Recorder's office, Book 395, Page 317; thence S 89028'11" E 450.00 feet along said Southerly line to a point; thence S 2051110" W 400.23 feet to a point; thence S 44°08'19" W 602.30 feet to the point of beginning; and containing 6.14 acres more or less. Parcel 2: Ca encing as a point of reference at the West quarter corner of Section 18, a mship 79 North, Range 5 West of the Fifth Principal Meridian, Johnson County, Iowa; thence South 88° 39' 59" East 50.03 feet along the Southerly line of the Northwest fractional one quarter of Section 18 to a point (this is an assumed bearing for purposes of this description only); thence North 0° 43' 39" West 400.00 feet to the point of beginning of the tract herein described; thence continuing North 00 43' 39" West 110.00 feet to a point; thence South 880 39' 59" East 803.97 feet to a point; thence North 0° 43' 39" West 756.03 feet to a point; thence North 210 01' 45" East 209.73 feet to a point; thence North 511 13' 26" East 690.75 feet to a point of intersection with the Southerly line of property described in Warranty Deed recorded in the Johnson County Recorder's office, Book 395, Page 317; thence South 891 28' 11" East 80.51 feet along said Southerly line to a point; thence South 360 20' 14" West 120.67 feet to a point; thence South 481 19' 42" West 228.66 feet to a point; thence South 341 39' 04" West 235.70 feet to a point; thence South 70 33' 28" East 114.71 feet to a point; thence South 471 50' 07" West 114.17 feet to a point; thence South 331 43' 42" West 179.71 feet to a point; thence South 160 49' 09" East 186.22 feet to a point; thence S 340 21' 44" East 194.21 feet to a point; thence South 38° 41' 49" East 237.80 feet to a point; thence South 76° 29' 13" West 147.89 feet to a point; thence North 881 20' 52" West 155.77 feet to a point; thence South 130 13' 32" East 222.02 feet to a point; thence North 820 46' 48" West 213.16 feet to a point; thence North 850 02' 31" West 196.97 feet to a point; thence North 830 56' 46" West 195.82 feet to a point; thence North 701 17' 33" West 14.76 feet to a point; thence North 88° 39' 59" West 388.71 feet to the point of beginning; and containing 10.08 acres more or less. EXiiIBIT "A" EXHIBIT "A" Parcel 3: Beginning at the East quarter corner of Section 13, Township 79 North, Range 5 West of the Fifth Principal Meridian, Johnson County, Iowa; thence N 0143139" W 1106.00 feet along the Easterly line of the Northeast quarter of said Section 13 to a point of intersection with the Southerly right-of-way line of the abandoned Burlington, Cedar Rapids, and Northern Railroad right-of-way as shown on a plat prepared by A.H. Holt dated December, 1921 recorded in the Johnson County Recorder's office, Plat Book 2, Page 64 (this is an assumed bearing for the purposes of this description); thence N 86059126" W 201.24 feet along said Southerly right-of-way line as shown on said plat to a point; thence S 17°20'03" W 157.85 feet to a point; thence S 26051143" E 453.50 feet to a point; thence S 0° 43'39" E 562.70 feet to a point of intersection with the center line of the public highway as shown on said plat; thence N 88°22'21" E 50.01 feet along said center line of public highway to the point of beginning; and containing 2.79 acres more or less. EXHIBIT "A" PQgront ice- ey 300 EXHIBIT "B" r• DID 12 A :J71:u: u71U .Y .t..2 d0 8: 2( 12 THIS INSTRUMENT is executed by and between the City of Iowa City, Iowa, hereinafter called CITY, and Albert N. Hieronymus and Wilfreda A. Hieronymus, husband and wife, hereinafter called OWNERS on the following terms and conditions: 1. The OWNERS grant and convey to the CITY a permanent flowage easement over the real estate owned by the OWNERS, located in Johnson County, Iowa, and more particularly described as: Commencing as a point of reference at the West quarter corner of Section 18, Township 79 North, Range 5 West of the Fifth Principal Meridian, Johnson County, Iowa; thence South 88° 39' 59" East 50.03 feet along the Southerly line of the Northwest fractional one quarter of Section 18 to a point (this is an assumed bearing for purposes of this description only); thence North 0° 43' 39" West 400.00 feet to the point of beginning of the tract herein described; thence continuing North 0° 43' 39" West 110.00 feet to a point; thence South 88° 39' 59" East 803.97 feet to a point; thence North 0° 43' 39" West 756.03 feet to a point; thence North 21° 01' 45" East 209.73 feet to a point; thence North 51° 13' 26" East 690.75 feet to a point of intersection with the Southerly line of property described in Warranty Deed recorded in the Johnson County Recorder's office, Book 395, Page 317; thence South 890 28' 11" East 80.51 feet along said Southerly line to a point; thence South 360 20' 14" West 120.67 feet to a point; thence South 48° 19' 42" West 228.66 feet to a point; thence South 340 39' 04" West 235.70 feet to a point; thence South 70 33' 28" East 114.71 feet to a point; thence South 47° 50' 07" West 114.17 feet to a point; thence South 33° 43' 42" West 179.71 feet to a point; thence South 16° 49' 09" East 186.22 feet to a point; thence S 340 21' 44" East 194.21 feet to a point; thence South 380 41' 49" East 237.80 feet to a point; thence South 76° 29' 13" West 147.89 feet to a point; thence North 88° 20' 52" West 155.77 feet to a point; thence South 130 13' 32" East 227..02 feet to a point; thence North 820 46' 48" West 213.16 feet to a point; thence North 851 02' 31" West 196.97 feet to a point; thence North 831 56' 46" West 195.82 feet to a point; thence North 700 17' 33" West 14.76 feet to a point; thence North 881 39' 59" West 388.71 feet to the point of beginning; and containing 10.08 acres more or less, designated as Parcel 2 on a certain Property Acquisition Map prepared by Shive - Hattery & Associates bearing drawing number 179169-5 and designated as "Ralston Creek South Property Acquisition from Wilfredo A. and Albert N. Hieronymous to the City of Iowa City". EXHIBIT "B" 30/ -2- 2. This instrument grants to the CITY the right to overflow, flood, and submerge the above described real estate in connection with the South Branch Ralston Creek Stonmrater Detention Project, but the a/QNERS shall re- tain the fee title to said real estate. The OWNERS represent that they have merchantable title to the real estate described above with the right to grant this easement. 3. The QRS shall have the right to use the above described real estate for any purpose which will not interfere with the rights granted to the CITY herein. It is specifically understood that the UANERS shall have the right to use said area for agricultural purposes but shall not erect any dwelling, building, well, reservoir or dam thereon. Specifically, the OWNERS shall be permitted to include said area for the purpose of computing density in the event of any subsequent development of their land located south and east of the above described real estate. 4. In the event of subsequent development of the area located south and east of the above described real estate which area drains into the storage area behind the dam, OWNERS shall not be required to comply with the storage requirements of the Storm Water Management controls set forth in X33 -61(a), Code of Ordinances of Iowa City, Iowa (1979). However, nothing herein shall be construed to exempt the OWNERS from other procedures, rules and regulations concerning the Storm Water Management or development. 5. The CITY shall indemnify the OWNERS from any claim of damage arising by its use and designation of the above described real estate pursuant to the easement granted herein. The rights granted to the CITY shall not pre- vent the OWNERS frau granting easements to others so long as the same do not interfere with the use of the property by the CITY for the purpose set forth above. 6. The CITY shall not be required to now, cultivate, grade or level any portion of the above described real estate. 7. The provisions hereof shall be for the benefit of and bind the personal representatives, heirs, and assigns of the OWNERS and the CITY and the terns and conditions set forth above shall constitute covenants running with the land. Dated this 3 r d CITY OF IOWA CITY day of June, 1980. ATTEST: CITY CLERK / G' •r 101•.r MAIMMURWIMMONMI's, 1 Received i Approved SY 1}» Legal apartment G Z3/k J M 30.2-- + •7 J STATE OF ICWA ) ) SS: CaM OF JOHNSON ) -3- On this day of June, 1960, before me, the undersigned, a Notary Public in and for the State of Iowa, County of Johnson, personally appeared Albert N. Hieronymus and Wilfreda A. Hieronymus to me known to be the identical persons named in and who executed the foregoing instrument and acknowledged that they executed the same as their voluntary act and deed. Notary Public in and for the state of Iowa M 1303 dP RESOLUTION NO. 80-198 _ ✓! � {{ RESOLUTION AWARDING CONTRACT AND,AUTHORIZIh- .-,AYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT FOR THE CONSTRUCTION OF E WHEREAS, MERLIN HAMM CONSTRUCTION INC has submitted the beet bid for the construction of the above-named project. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the contract for the construction of the above-named project is hereby awarded to MFRI IN HAMM rnpST.gp N6' nF TOWA QTry I041A IN THE MAOUN7 QF QRF 7n7 �n subject to the condition that awardee secure adequate performance bond and insurance certificates. 2. That the Mayor is hereby authorized to sign and the City Clerk to attest the contract for the construction of the above-named project, subject to the condition that awardee secure adequate performance bond and insurance certificates. It was moved by Roberts and seconded by Perret that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x Erdahl x Lynch x Neuhauser x Perret x Roberts Abstain Vevera Passed and approved thin 3rd day of June , 19 80 o� MAYOR ATTEST: C t��l!L� !/�/ t t'i _ RECEIVED h APPROVED CITY CLERK BY M 11GAL DEP TJflU T ZY 304/ PERFORMANCE AND PAYMENT BONS Bond No. 54-17640 KNOW ALL MEN BY -THESE PRESENTS THAT Merlin Hamm Construction, Inc. 2930 Industrial Park Road, Iowa City, Iowa 52240 ere insert the name and address or legal title of the Contractor) a Principal, hereinafter called the Contractor and TINTppn FTRF F CASUALTY COMPANY as Surety, hereinafter (Here insert the legal title of the Surety) called the Surety, are held and firmly bound onto the City of Iowa City, Iowa, as obligee, hereinafter called the Owner, in the amount of Eighty—five Thousand, Seven Hundred Forty—seven &Dollars ($ 85,747.20 for the payment whereof Contractor 20/100 ---- 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 �n 19_8_a, entered into a Contract with Owner for... THE NEIGURORHOOD SITE IMPROVEMENTS-SIDENALK REPAIR PROGRAM (pIORTHSIDE AND HICKORY HILL NEIGHBORHOODS) In accordance with plans and specifications prepared by the City of Iowa City, which Contract is by reference made a part hereof, and is hereinafter referred to as the Contract. NOV, 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 obligations thereunder, the Surety may promptly remedy the default, or shall promptly: PB -1 .305 C C 1. Compl the Contract in accordance wi is terms and conditions, or 2. Obtain 8 bid or bids for submission to Owner for completing the Contract in accordance with its terms and conditions, and upon determination by Owner and Surety of the lowest responsible bidder, arrange for a contract between such bidder and Owner, and make available as work progresses (even though there should be a default or a succession of defaults under the Contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the Contract Price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the Contract Price", as used in this paragraph, shall mean the total amount payable by Owner to Contractor under the Contract and any amendments thereto, less the amount properly paid by Owner to Contractor. The Contractor and his Surety shall, in accordance with the provisions of Section 304 of the Code of Iowa be obligated to keep the improvements covered by this bond in good repair for a period of two 2 years from the date of acceptance of the improvements by the Owner. No right of action shall accrue to or for the use of any person or corporation other than the Owner named herein or the heirs, executors, administrators or successors of Owner. A 30 t IT IS A FURTHI WITION OF THIS OBLIGATION tl the principal and Surety shall, in accordance with provisions of Chapter 573 of the Code of Iowa, pay to all per9ons, firms or corporations having contracts directly with the principal or with subcontractors all just claims due them for labor performed or materials furnished in the performance of the contract on account of which this bond is given. The provisions of Chapter 573, Code of Iowa, are a part of this bond to the same extent as if they were expressly set out herein. SIGNED AND SEALED THIS c6DAY OF A.D., 19�d IN THE PRESENCE OF: MERLIN HAMM CONSTRUCTION, INC. olr� Witnes UNITED FIRE & CASUALTY COMPANY Sure Ail ad L as ti -I - A _n "-.A-AA 'W� ltne-s-s Title Attorney -in -Fact PB -3 307 AL.-NOWLEDGMENT OF SI ETY State of ______ Iowa ______________ 11 } $l. County of ----- inn_______ - _____ J On this -------day of--------------------•19----------- personally appeared before me --------May_nard_L.__Hansen - -------------------------------------- who being duly sworn did depose and say that he is the attorney -in -tact of the United Fire & Casualty Com- pany of Cedar Rapids, Iowa, that the seal affixed to the attached instrument is the Corporate Seal of said Cor- poration, and that said instrument was signed and sealed on behalf of said Corporation by authority of its Board of Directors and the said ------- MAYDAY41_L,__HanSen------ acknowledged that he executed said instru- ment as such auor r• p G {1 R[1ON y� t and deed of said CorpBration/.J • MY�O ptemhertON 30, 1980 t8 ---- f� ---------------- UNI) -203 t b UNITED FIRE & CASUALTY COMPANY HOME OFFICE — CEDAR RAPIDS, IOWA CERTIFIED COPY OF POWER OF ATTORNEY un (Original on file at Home Office of Company — See Certification) KNOWALLMENBY THESE PRESENTS, That the UNITED FIRE& CASUALTY COMPANY, a corporation duly organized and existing under the laws of the State of Iowa, and having its principal office in Cedar Rapids, State of Iowa, does make, con- stitute and appoint Richard J. Ehlinger, or Maynard L. Hansen, or Scott McIntyre, Jr., or Roger G. Heckroth, or John F. Coleman, or Jeffrey A. Chapin, Individually, of Cedar Rapids, Iowa its true and lawful Attorney(s)-in-Fact with power and authority hereby conferred to sign, seal and execute in its behalf all law. ful bonds, undertakings and other obligatory instruments of similar nature as follows: Any and all bonds, and to bind UNITED FIRE & CASUALTY COMPANY thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of UNITED FIRE & CASUALTY COMPANY and all the acts of said Attorney, pursuant to the authority hereby given are hereby ratified and confirmed. The Authority hereby granted shall expire September 1 19 80 unless sooner revoked. This power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the Board of Directors of the Company on April 18, 1973. "Article V — Surety Bonds and Undertakings." Section R, Appointment of Alt.,.ey-In-Fact. "The P ... Went or any Vire Prrddenl, or any other officer ni the Company. may, from time to itme, appoint by written rernfirales attnrner-e-In -fart In art ,n behalf of the Cnmpany In the execution of Policies of Insurance, bond., undertaking. and other obligatory Inslrumenu of like nature. The rtgnalnrr of any officer anthn- nted hereby, and the Corpmale Aral. may be affixed by facsimile to any power of attorney or special pnwrr of alta rnryor ear- lifieation of either authorized hereby; such signature and seal, when an used, being adopted by the Company as the nrigind dgnsturn of rush officer and the original anal of the Company. to he valid and binding upon the Company with the .., (fir,, and effect a though manually Wixed. Such allnrnrys-In-fart, aublert to the hinatatinnv rel forth In then respective eertinau+ of authority dull have full power to hind the Com Vans by their signature and execution of any such instrument, and to attach the seal of Me Company threat.. The President or any Vice President. the noard of Directors or any other officer of the com- pany may at any time revoke an power and authority previously given In any at torneyin-fact. a; COPPOPAt , 'o. ��•s SEAL �e e' 19a IN WITNESS WHEREOF, the UNITED FIRE & CASUALTY COMPANY has caused these presents to be signed by its vice president and its corporate seal to be hereto affixed this lst day of September A D 1978 State of Iowa, County of Linn, ss: UNITED F RE �& CASUALTY COMPANY By W lll_ '✓ Vice President On this 1St day of September 1978 , before me personally came Roy L. Ewen to me known, who being by me duly sworn, did depose and say that he resides In Cedar Rapids, Slate of lova, that he Is a Vice President of the UNITED FIRE & CASUALTY COMPANY, the corporation described in and which executed the above instru. ment; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal, that It was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like.autbprity, and acknowledges same to be the act and deed of said corporation. Li IOWA 101 Notary Public 67y commission expires September 30, 19 80 • '�,�ra'RI PI Sf,��, CERTIFICATION 1, 1 ''eundersigned officer of the UNITED FIRE & CASUALTY COMPANY , do hereby certify that 1 have compared the fore- going copy of the Power of Attorney and affidavit, and the copy of the Section of the By laws of said Company as set forth in said Power of Attorney, with the ORIGINALS ON FILE IN THE HOME OFFICE OF SAID COMPANY, and that the same are correct transcripts thereof, and of the whole of the said onttlnals. and that the said Peivier of Attorney has not been revoked and is now in full force and effect. In testimony whereof I have hereunto subscribed my name and affixed the corporate seal of the said o� (FFof,B 4l iriq Company this day of 19 SEAL 'S' uND 3'S 3b (N[ Cq C JQ Secrrtary t o`Jt 309 CONTRACT THIS AGREEMENT, made and entered into this day of , 19 , by and between the City of Iowa City, Iowa party of the first part, hereinafter referred to as the "Owner" and party of the second part, hereinafter referred to as the "Contractor". WITNESSETH: That whereas the Owner has heretofore caused tp be prepared certain plans, specifications and proposal blanks, dated the day of 19 , for the Neighborhood Site Imnrovements-Sidewalk Renair Program (Northside & Hickory;Hill Neighborhoods) under the terms and conditions therein fully stated and set forth, and Whereas, said plans, specifications and proposal accurately, and fully describe the terms and conditions upon which the Contractor is willing to perform the work specified: NOW, THEREFORE, IT IS AGREED: 1. That the Owner hereby accepts the attached proposal of the Contractor for the work and for the sums listed therein. 2. That this Contract consists of the following component parts which are made a part of this agreement and Contract as fully and absolutely as if they were set out in detail in this Contract: a. Addenda Numbers b. "Standard Specifications for Highway and Bridge Construction", Series of 1977, Iowa Department of Transportation, Highway Division, plus current special provisions and supplemental specifications. c. Plans d. Notice of Public Hearing and Advertisement for Bids. CF -1 3�0 e. Sp 1 Provisions f. Proposal g. This,Instrument The above components are complementary and what is called for by one shall be as binding as'if called for by all. 3. That payments are to be made to the Contractor in accordance with and subject to the provisions embodied in the documents made a part of this Contract. 4. That this Contract is executed in 3 copies. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals the date first written above. erl1in amm Construction, Inc. (Seal) (Seal) By (Title) Mayor JTitle ATTEST: (Title) City Clerk ATTEST: (Title) (Compan�ial ) CF -2 FORM OF PROPOSAL NEIGHBORHOOD SITE IMPROVEMENTS -SIDEWALK REPAIR PROJECT (NORTHSIDE AND HICKORY HILL NEIGHBORHOODS) CITY OF IOWA CITY NOTE TO BIDDERS: PLEASE DO NOT USE THE FORM OF PROPOSAL INCLUDED IN THE BOUND VOLUME OF THE SPECIFICATIONS. SEPARATE COPIES OF THIS PROPOSAL WILL BE FURNISHED TO BIDDERS UPON APPLICATION TO THE ENGINEER. Name of Bidder Merlin Hamm Construction, Inc. Address of Bidder 2933 Industrial Park Roqd, Iowa City, Iowa 52240 TO: City Clerk City of Iowa City Iowa City, Iowa 52240 The undersigned bidder submits herewith bid security in the amount of $ 8,000.00 in accordance with the terms set forth in the "Standard Specifications", Article 1102.12. The undersigned bidder, having examined and determined the scope of the Contract Documents, hereby proposes to provide the required labor, services, materials and equipment and to perform the work as described in the Contract Documents, including Addenda and and do all work at the prices hereinafter set out. We further propose to do all "Extra Work" which may be required to complete the work contemplated, at unit prices or lump sums to be agreed upon in writing prior to starting such work, or if such prices or sums , cannot be agreed upon to perform such work on a force account basis, as. provided in the "Standard Specifications". ITEM DESCRIPTION 1. Sidewalk, 4" P.C.C. ESTIMATED UNIT EXTENDED UNITUAQ NTITY PRICE AMOUNT Sq. Ft. 35,728 $ 2.40 $ 95,747.20 TOTAL EXTENDED A"10UNT $ 85,747.20 P-1 The undersigned bidder certifies that this proposal is made in good faith, without collusion or connection with any other person or persons bidding on the work. The undersigned bidder states that this proposal is made in conformity with the Contract Documents and agrees that, in the event of any discrepancies or differences between any conditions of his proposal and the Contract Documents prepared by the City of Iowa City, the provisions of the latter shall prevail. (Seal - if bid PARTNERSHIPS: ALL PARTNERS is by a corporation FURNISH FULL NAME OF FIRM: Verlin Hamm Construction, Inc. By: Tit I e P-2 ?930 Ind�a oad Iowa City, Ia. Business dress 3/3 X&O 7.. L RESOLUTION NO. 80-199 A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A COOPERATIVE AGREEMENT WITH THE STATE CONSERVATION COMMISSION FOR THE DEVELOPMENT AND MAINTENANCE OF A MARINE FUEL TAX PROJECT. WHEREAS, the Iowa City River.front Commission and the City Council of Iowa City have determined that there is a need for a boat ramp on the Iowa City river at Sturgis Ferry Park, and WHEREAS, application was made for a grant of 50% of the project cost using Marine Fuel Tax funds from the State Conservation Commission, and WHEREAS, the requested 50% grant has been approved by the State Conservation Commission for an amount not to exceed $20,050; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the Mayor be authorized to sign and the City Clerk to attest a cooperative agreement with the State Conservation Commission for the development and maintenance of a Marine Fuel Tax Fund Project. It was moved by Perret and seconded by vevera 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 3rd day of June 1980. ATTEST: CI Y CLERK �' Received & Approved By Th9 Legal Department 84 3/54, i� STATE CO1:SF.F\'A'1'70N C0301ISS701� G 300 -4th Street Des Moines, Iowa SMFTF PROJECT NO. 86____ COOPERATIVE AGREEMENT FOR DEVEIAITIENT AND MAINTENANCE OF A DIARINE FUEL TAX FUND PROJECT THIS AGREE14ENT entered into by the State Conservation Commission, hereinafter known as the Party of the First Part, and the City of IQwa city of Johnson County, State of Iowa, hereinafter known as the Party of the Second Part. h' I'1WE S S ETH 1,THEREAS, the Party of the First Part has a program to assist the Party of the Second Part in a certain project herein described as follows: The City of Iowa City will develop a boating facility at SturgisFerry Park located in the southern part of the city between Highway 218 South and the Iowa River, east of the Iowa City Municipal Airport. Proposed development will include: 1. Single -Lane Boat Ramp; 2. Graveling of parying area and access road; and 3. Riprap around ramp if, and/o' nec ssa Total es imated cost: $ 40,100 NOW THEREFORE, be it mutually agreed by the Parties hereto as follows: The Party of the First Part agrees to reimburse the Party of the Second Part a sum equal to 5_ percent of the actual cost of the project after completion and upon proof that costs have been liquidated by the Party of the Second Part. In no case shall the cost to the Party of the First Part exceed It is further agreed by the Parties hereto: (a) That the project described herein shall be completed by nprpmhpr 11 1gg() . (b) That the Party of the Second Part shall be responsible for maintenance and all expenses related thereto after completion of the project. (c) That the facility herein described be open to the public for lawful purposes or conditions mutually agreed upon. (d) That any addition to this agreement is herein written as follows and that there are no verbal additions hereto: It is further agreed and understood that the City of Iowa City must obtain all necessary additional permits from the U.S. Corps of Engineers, Natural Resources Council, and the State Conservation Commission. This agreement entered into under the authority of action taken at an official 1 of Johnson meeting of the Iowa City Counci the 3rd day of Jun a_� 80 all as shaven in the County, minutes Iowa, on thereof, and by approval of the State Conservation;/,11mi.ssion PARTICIPATING AGENCY S T SE T `N CONQfISS1 J By -Vf / B`CJ IV DI Title Mayor Date stew Approve By The Legal Department It/ f;l✓. ,G.� ✓ I RESOLUTION N0. 80-200 RESOLUTION AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT FOR THE CONSTRUCTION OF THE STURGIS FERRY BOAT RAMP WHEREAS, SULZBERGER EXCAVATING, INC. has submitted the best bid for the construction of the above-named project. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the contract for the construction of the above-named project is hereby awarded to Sulzberger Excavating, Inc. of Muscatine, Iowa, in the amount of $31,685.70 , subject to the condition that awardee secure adequate performance bond and insurance certificates., and the City receive a construction permit from the Corps of Engineers. 2. That the Mayor is hereby authorized to sign and the City Clerk to attest the contract for the construction of the above-named project, subject to the condition that 4Lwardee pecure ads uate. erfo c bond and insur a pertificates, and the City receive a con ads perm 's �rom the Corps of ngineers. It was moved by Perret and seconded by Vevera 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 thin 3rd day of June MAYOR ATTEST: C -[t -(C •.Cl. �I -9��J CITY CLERK i 1 19 80 RECEIVED & APPROVED B1 ;U LEGAL DEPARTWT 3/1- CONTRACT I�Lr-✓ .c. �U THIS AGREEMENT, made and entered into this 16thday of June , 19 80 , by and between the City of Iowa City, Iowa party of the first part, hereinafter referred to as the "Owner" and Sulzberger excavating party of the second part, hereinafter referred to as the "Contractor". WITNESSETH: That whereas the Owner has heretofore caused to be prepared certain plans, specifications and proposal blanks, dated the �k day of 19 (), for the Sturgis Ferry Boat Ramp under the terms and conditions therein fully stated and set forth, and Whereas, said plans, specifications and proposal accurately, and fully describe the terms and conditions upon which the Contractor is willing to perform the work specified: NOW, THEREFORE, IT IS AGREED: 1. That the Owner hereby accepts the attached proposal of the Contractor "for the work and for the sums listed therein. 2. That this Contract consists of the following component parts which are made a part of this agreement and Contract as fully and absolutely as if they were set out in detail in this Contract: a. Addenda Numbers b. "Standard Specifications for Highway and Bridge Construction", Series of 1977, Iowa Department of Transportation, Highway Division, plus current special provisions and supplemental specifications. c. Plans d. Notice of Public Hearing and Advertisement for Bids. CF -1 31 7 e. S1 al Provisions f. Proposal g. This Instrument The above components are complementary and what is called for by one shall be as binding as if called for by all. 3.- That payments are to be made to the Contractor in accordance with and subject to the provisions embodied in the documents made a part of this Contract. 4. That this Contract is executed in 3 copies. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals the date first written above. Contrac or Sulzberger Excavating Sw) erry Sul berger Title Mayor Ti e ATTEST: (Title) City Clerk ATTEST: c.G� (Title) Company Official) CF -2 &/ % 3 PERFORMANCE AND PAYMENT BOP, KNOW ALL MEN BY THESE PRESENTS THAT Sulzberger Excavating, Inc. Fifth Avenue Muscatine, Iowa (Here insert the name and address or legal title of the Contractor) a Principal, hereinafter called the Contractor and Merchants Mutual Bonding Co., Des Moines, Iowa as Surety, hereinafter (Here insert the legal title of the Surety) called the Surety, are held and firmly bound onto the City of Iowa City, Iowa, as obligee, hereinafter called the Owner, in the amount Of Thi r y-cnntho„Gnd, & 70/loo six hundred eighty-five Dollars ($31,685.70 ) 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 June 16th 19 80, entered into a Contract with Owner for... THE-STURGIS FERRY BOAT RAMP In accordance with plans and 'specifications prepared by the City of Iowa City, which Contract is by reference made a part hereof, and is hereinafter referred to as the Contract. NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION are such that, if 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 obligations thereunder, the Surety may promptly remedy the default, or shall promptly: PB -1 31 7 J. Compl the Contract in accordance wi its terms and conditions, or 2. Obtain a bid or bids for submission to Owner for completing the Contract in accordance with its terms and conditions, and upon determination by Owner and Surety of the lowest responsible bidder, arrange for a contract between such bidder and Owner, and make available as work progresses (even though there should be a default or a succession of defaults under the Contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the Contract Price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the Contract Price", as used in this paragraph, shall mean the total amount payable by Owner to Contractor under the Contract and any amendments thereto, less the amount properly paid by Owner to Contractor. C. The Contractor and his Surety shall, in accordance with the provisions of Section 384 of the Code of Iowa be obligated to keep the improvements covered by this bond in good repair for a period of five 5 years from the date of acceptance of the improvements by the Owner. D. No right of action shall accrue to or for the use of any person or corporation other than the Owner named herein or the heirs, executors, administrators or successors of Owner. PR -2 X17 IT IS A FURTHE NDITION OF THIS OBLIGATION th he principal and Surety shall, in accorddnce with provisions of Chapter 573 of the Code of Iowa, pay to all persons, firms or corporations having contracts directly with the principal or with subcontractors all just claims due them for labor performed or materials furnished in the performance of the contract on account of which this bond is given. The provisions of Chapter 573, Code of Iowa, are a part of this bond to the same extent as if they were expressly set out herein. SIGNED AND SEALED THIS IN THE PRESENCE OF: L�� fitness lz DAY OF June Excavating, Inc. rincipal N A.D., 1980 Merchants Mutual Bonding Co. Surety ���(Title) Af4tn��-d-z7, Witness Attorney -in -Fact M MERCHAI . _3 MUTUAL BONDD COMPANY DES MOINES. IOWA POWER OF ATTORNEY Know All Men By These Presents, that the xILROIANrs MU I UAL BONDING COMPANY, a corporation duly organized under the laws of the State of Iowa, and having its principal office in the City of fes Muincs, County of folk, Stale of Iowa, hath made, constituted and appointed, and does by these presents make, constitute and aplwint Robert Miller or Richard Maeglin or Michael Harrison of Muscatine and Stale of Iowa its true and lawful Attorney -in -Fact, with full power aid authority hereby conferred in its name, place and stead, to sign, execute, acknowledge and deliver in its behalf as surety: Any or all bonds or undertakings, provided that no bond or undertaking executed under this authority shall exceed in amount the sum of THREE HUNDRED THOUSAND($300,000,00) DOLLARS. mid 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-of-Auomey is made vid executed pursuant to and by authority of the following By -Law adopted by the Board of Directors of the MERCHANTS MUTUAL BONDING COMPANY. - ARTICLE 2, SECTION SA. -"The Chariman of the Board or President or any Vice President or Secretary shall have power and authority to appoint Attonieys-in-Fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, recognisances, contracts of indemnity and other writings obligatory in the nature thereof." ,u Witness Whereof, MERCHANTS MUTUAL BONDING COMPANY has caused these presents to be signed by its President and Vice President, and its corporate seal to be hereto affixed, this 9th day of Apr i 1 A.D.. I'8 0 Attest: MERCHANTS MUTUAUBONDING COMPANY By 1933 J: vtr. P,narm +a/p{S �r',ra� Prr,ldrn, STATE OF IOWA , COUNIY OF POLK 1 ss. On mi, 9th day of A p r i 1 '19 80 , before me appeared W.W. Warner and William Warner, to me personally known, who being by me duly sworn did . that they are President and Vice President respell us ely of the MERCI ]AN I'S MU"I'UAL BUN DI NG COMPANY, the corporation described in the foregoing imtrument, and that the Sul affixed to the said instrument is the Corporate Seal of the said Corporation and that the said imtrument was signed and scaled in behalf of said Corporation by authority of its hoard of Directors. In Testimony Whereof, I have heteunlo set my hand and affixed by Official Scat, at the City of fes Moines. Iowa the day and year first above written. N.,nry P.Gs'q PWA Co..". low sly comm;,,;.. L,P;,r, 9-30-81 STATI7 OF IOWA COUNTY OF POLK I, William Warner, Vice President of the MERCHANTS MUTUAL BONDING COMPA that the above and foregoing is a true and correct copy of the POWER OF ATTURji MERCHANTS BONDING COMPANY, which is still in force and effect. hu Witness Whcrcof, I have hereunto set my hand and affixed the Kcal of the Company, at Lill day of 19, 116 power ofatttimCy expire Until Revoked /p Lr certify 3_ said 3/7 f e FORM OF PROPOSAL STURGIS FERRY BOAT RAMP CITY OF IOWA CITY NOTE TO BIDDERS: PLEASE DO NOT USE THE FORM OF PROPOSAL INCLUDED IN THE BOUND VOLUME OF THE SPECIFICATIONS. SEPARATE COPIES OF THIS PROPOSAL WILL BE FURNISHED TO BIDDERS UPON APPLICATION TO THE ENGINEER. Name of Bidder Sulzberger Excavating, Inc. Address of Bidder Fifth Avenue TO: City Clerk City of Iowa City Iowa City, Iowa 52240 The undersigned bidder submits of $3,400.00 in accordance with the Specificatoins", Article 1102.12. Muscatine, Iowa herewith bid security in the amount terms set forth in the "Standard The undersigned bidder, having examined and determined the scope of the Contract Documents, hereby proposes to provide the required labor, services, materials and equipment and to perform the work as described in the Contract Documents, including Addenda and and do all work at the prices hereinafter set out. The Department of Fish and Wildlife is testing the construction site for an endangered species. This must be done before the Corps of Engineers can possibly issue a construction permit to the City. The Contractor does hereby acknowledge that the Contract will not be awarded until the construction permit is submitted to the City of Iowa City. We further propose to do all "Extra Work" which may be required to complete work contemplated, at unit prices or lump sums to be agreed upon in writing prior to starting such work, or if such prices or sums cannot be agreed upon to perform such work on a force account basis, as provided in the "Standard Specifications". P-1 e P- IA ESTIMATED UNIT EXTENDED ITEM DESCRIPTION UNITUAQ NTITY PRICE AMOUNT 1. Excavation & Disposal Cu. Yd. 2334 $ 3.50 $8,169.0 0 2. Fill, Salvaged Cu. Yd. 345 $ 2.2 $ 776.25 3. Fill, Additional Cu. Yd. 345 $ 3.85 $1,328.2 4. Topsoil Cu. Yd. 265 $ 6,_?_5_ $ 1,656.25 5. Granular Subbase Cu. Yd. 35 $ 14.20 $ 497.00 G. PCC Pavement Sy. Yd. 200 $ 24.75 $ 4,95o.o0 7. PCC Accessory Cu. Yd. 5 $ 148.50 $ 742.50 8. Granular Surface Cu. Yd. 531 $ 12.75 $ 6,770.2 9. Precast Concrete Units Each 14 $ 142.50 $ 1,995.0 10. Riprap Cu. Yd. 65 $ 16.90 $ 1,059.5 0 11. Filter Blanket Cu. Yd. 22 $ 14.70 $ 323.40 12. Sand Cu. Yd. 3 $ 6.10 $ 18.30 13. Erosion Control, Seeding Acre 0.25 2,400.00 $ 600.00 14. Erosion Control, Lawn Mat Acre 0.25 8,000.00 $ 2,000.00 15. Parking Bumper Units Each 20 $ 40.00 $ 800.00 TOTAL EXTENDED AMOUNT $31,685.70 P- IA The undersigned bidder certifies that this proposal is made in good faith, without collusion or connection with any other person or persons bidding on the work. The undersigned bidder states that this proposal is made in conformity with the Contract Documents and agrees Lha1., in the event of any discrepancies or differences between any conditions of his proposal and the Contract Documents prepared by the City of Iowa City, the provisions of the latter shall prevail. FIRM: Sulzberger Excavating, Inc. A- (Seal - if bid is by a corporation PARTNERSHIPS: FURNISH FULL NAME OF ALL PARTNERS May 28, 1980 VVierr�ulzgergV V President �J (I it I e Fifth Avenue Muscatine Iowa 2 61 Business Address 3/7 /Go4�4 �� RESOLUTION NO. 80-201 RESOLUTION DIRECTING CITY CLERK TO PUBLISH NOTICE TO BIDDERS AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS FOR THE WASHINGTON STREET BRIDGE DECK REPLACEMENT. WHEREAS, notice of public hearing on the plans, specifications,form of contract, and estimate of cost for the construction of the above-named project was published as required by law, and the hearing thereon held, and WHEREAS, the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project are on file with the City Clerk, and WHEREAS, the amount of bid security to accompany each bid for the con- struction of the above-named project had earlier been set in the amount of $13,000 payable to Treasurer, City of Iowa City, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the City Clerk is hereby authorized and directed to publish notice for the receipt of bids for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the city not less then four (4) nor more than twenty (20) days before the date established for the receipt of bids. 2. That bids for the construction of the above-named project are to be received by the City of Iowa City, Iowa, at the Office of the City Clerk, at the Civic Center, until 10:00 A.M. on the 25th day of June, 1980. Thereafter, the bids will be opened by the City Engineer or his designee, and thereupon referred to the Council of the City of Iowa City, Iowa, for action upon said bids at.its next meeting to be held at the Council Chambers, Civic Center, Iowa City, Iowa, at 7:30 P.M. on the 1st day of July, 1980. RECEIVED & AppROVED 13X 'T GAL DEPARTMT 3/� y Page 2 Resolution No. 80-201 It was moved by Vevera and seconded by Roberts that the Resolution as reaT-E—e—aTo­p-t-e-cT, and upon roll call there were: AYES: NAYS: ABSENT: X Balmer X Erdahl x Lynch x Newhauser x Perret x Roberts x Vevera Passed and approved this 3rd day of June , 1980• d 2/- YOR ATTEST: L/( CITY CLERK _3/ 9 RESOLUTION NO. 80-202 A RESOLUTION ADOPTING A NEW SCHEDULE OF FEES FOR WATER MAIN TAPS, WATER MAIN INSTALLATION AND SERVICE CHARGES FOR ROUTINE WATER SERVICE PROCEDURES. WHEREAS, Section 33-169 of the Code of Ordinances of Iowa City authorizes the Director of Public Works to establish written uniform fees and charges for various services, and WHEREAS, such fees and charges shall be adopted by resolution, and WHEREAS, the cost of materials and labor has increased, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF CITY OF IOWA CITY, IOWA, as follows: 1. The following tap fees are hereby established: Size Tap Corps Curbs Boxes Total 3/4" $11 $9 $16.20 $19.25 $55.45 1" $12.90 $14.10 $27.20 $19.25 $73.45 1'," $17 $25.20 $46 $27.50 $115.70 All $19.95 $37.85 $59.95 $27.50 $145.25 2" $22.95 $59.95 $88.00 $27.50 $198.40 1;", 1h" and 2" will require saddles which are to be charged at the City's purchase price cost. 2. The following charges for connection fees and installation fees for the Iowa City water distribution system are hereby established: Size Cost 6" $9.45 per linear foot 8" $12.25 per linear foot 10" $15.55 per linear foot 12" $19.35 per linear foot 16" $25.60 per linear foot 3 zo E 3. The following service fees for the Iowa City water system are hereby established: conflict are hereby repealed. 3A/ After Normal During Normal Service Working Hours Working Hours a) Install water meter; $15 ($25 deposit) $8 ($25 deposit) deposit collected at time meters installed b) Check leaky meters and No charge No charge leaky connections to water meter c) Frozen meters $20 + cost to $8 + cost to repair meter repair meter d) Shut off water service at $20 + hourly No charge curb, check out leaks rate for time over 2 hours e) Turn on water after water $20 $8 has been shut off for non- payment of bill f) Repair broken fire hydrants $20 $8 g) Miscellaneous services for $20 + hourly No charge other government agencies rate for time over 2 hours h) Location of water mains No charge No charge for other utilities i) Loation of water mains $20 + hourly No charge for private enterprise rate for time over 2 hours j) Meter accuracy check at Not done after $20 customer's request hours Be it further resolved that this resolution shall be in full force and effect on the date of 3rd of June , 1980, and that all resolutions in conflict are hereby repealed. 3A/ 3 It was moved by Vevera and seconded by Roberts the Resolution 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 3rd day of June , 1980. ATTEST: ( , CITY CLERK Lij The Lvoa! O.Partmeai j L/ -fin f7�/ 3a'-4- City of Iowa C1 MEMORANDUM Date: May 20, 1980 To: Neal Berlin and fnry dil From: Dick Plastino Re: New Schedule for Water Main Tap; Water Main Installation; ace Charges forRoutine Water Service Procedures The Water Division has asked that several fee structures be adjusted. These are as follows: 1. Water main tap - last adjusted April 1979. The price adjustment in the resolution represents an increase of 10.6 percent in labor and materials cost. The old price and new,price are listed below. Size Old Price New Price 3/4 inch $ 50.10 $ 55.45 1 inch $ 66.20 $ 73.45 A inch $104.45 $115.70 1k inch $131.10 $145.25 2 inch $179.30 $198.40 2. Prices for installation of a water main were last adjusted January 1979. The price increase represents increases of approximately 11.2 percent. The total cost element is composed of pipe, fittings and valves, and labor. The increase is higher than taps because material comprise a larger portion of the cost. Tabulation is shown below. Size Old Price New Price 6 inch $ 8.50 $ 9.45 8 inch $11.00 $12.25 10 inch $14.00 $15.55 12 inch $17.40 $19.35 16 inch $23.10 $25.60 The charges for service procedures were last adjusted in October of 1976. The prices listed approximate the cost of labor and materials. The after hours fees are relatively high due to the labor provision of paying a minimum of two hours call -out time when a call -out is made after hours. Tabulation of old and new prices is listed below. New prices are shown in parenthesis. 3623 E bdwl/15-16 3-2 Y After Normal During Normal Service Working Hours Working Hours Install water meter $15.00 ($25.00) $ 5.00 ($8.00) Check leaky meters and leaky connections to water meter No charge No charge Frozen meters $15.00 ($20.00) $ 5.00 ($8.00) Shut off water service at curb, check out leaks $15.00 ($20.00) No charge Turn on water after water has been shut off for non- payment of bill $15.00 ($20.00) $ 5.00 ($8.00) Repair broken fire hydrant $15.00 ($20.00) $ 5.00 ($8.00) Miscellaneous services for other government agencies $15.00 ($20.00) No charge Location of water mains for other utilities No charge No charge Location of water mains for private enterprise $15.00 ($20.00) No charge Meter accuracy check at customer request Not done after hours $15.00 ($20.00) bdwl/15-16 3-2 Y 0 S' f1� RESOLUTION NO. 80-203 A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE IOWA DEPARTMENT OF TRANSPORTATION WHEREBY A PORTION OF HIGHWAY 218 WOULD BE TRANSFERRED FROM STATE TO CITY JURISTICTION UPON THE CONSTRUCTION OF THE PROPOSED ARTERIAL HIGHWAY 518. WHEREAS, the Iowa Department of Transportation proposes to construct arterial Highway 518 at a location more particularly described in Exhibit A of the memorandum of understanding, by this reference made a part hereof, and WHEREAS, Section 306.8 of the Code of Iowa provides that jurisdiction and control of roads may be transferred between jurisdictions of government, NOW, THEREFORE, BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, that the Mayor be directed to sign and the City Clerk to attest a memorandum of understanding between the City and the Iowa Department of Transportation whereby a portion of Highway 218 would be transferred from State to City jurisdiction upon the construction of the proposed arterial Highway 518. It was moved by Vevera and seconded by Roberts the Resolution 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 3rd day of June , 1980. A OR ATTEST: (Alllco CITY CLERK Memorandum of Understanding Iowa Department of Transportation Primary Road Extension Service Municipality: Iowa City County: Johnson This Memorandum of Understanding between the Iowa Department of Transportation, hereinafter designated the "STATE", and the City of Iowa City, Iowa, hereinafter designated the "CITY", is for the purpose of expressing the intent of the STATE and CITY to recognize long term transportation system objectives. WHEREAS, Section 306.5 of the Code of Iowa, 1977, provides for system continuity in municipalities as follows: The Primary Road System shall be a continuous interconnected system and provision shall be made for the continuity of such system by the designation of its extension within municipalities. The mileage of such extension of the Primary Road System shall be included in the total mileage of the Primary Road System and.shall be listed separately as an extension of such road system. The STATE may reallocate mileage within the Primary Road System, which is under its jurisdiction, and the governing body of the CITY may altar the rlessification of r --e lmdc r itc jurisdiction with the approval of the county functional classification board, and WHEREAS, Section 306.8 Code of Iowa, 1977, provides for as follows: When a change of jurisdiction occurs as a result of the classification or reclassification of a road or street, the unit of government having juris- diction shall, prior to such change of jurisdiction, either place the road or street and any structures on the road in good repair or provide for the transfer of money to the appropriate jurisdiction sufficient for the repairs to the road or street and any structures on the road. Transfers of the jurisdiction and control of roads and streets may take place if agreements are entered into between the jurisdictions of govern ent involved in the transfer of such roads and streets, and WHEREAS, Section 313.21, Code of Iowa, 1977, provides the STATE authority to locate, construct, reconstruct, improve and maintain extensions of the primary road system within any city, and provides authority to the CITY to consider proposed improvements in relationship to municipal improvements, and NOW THEREFORE, in consideration of the above, it is hereby understood that: Transitional steps to achieve long-term transportation"system objectives and to establish STATE and CITY responsibilities related to each step shall occur in the following manner: U.S. Highway 218: Responsibility for U.S. 218 from the Iowa City south corporation boundary to the intersection of U.S. Highway 6 and Iowa Highway 1 will be transferred to city jurisdiction contingent upon: (1) construction of proposed 1 of 2 .3a4 Arterial Highway 518 and (2) functionally reclassifying the portion of U.S. 218 described above such that it can be removed from the State Primary Road System. Responsibility for U.S. 218 between Interstate Highway 80 and the Coralville north corporation boundary will be transferred to city jurisdiction when this portion of U.S. 218 is functionally reclassi- fied such that it can be removed from the State Primary Road System. Proposed Arterial Highway 518: This proposed highway, currently designated as part of the State's future Arterial Highway System, will become a part of the State Primary Road System when it is constructed. 2. All other existing state primary road extensions in the Iowa City- Coralville urban area will remain the responsibility of the State. These extensions are:. Interstate Highways 80 and 380 U.S. Highways 6 and 218 Iowa Highway 1 3. The CITY, through the development of separate agreements with the STATE, will implement the portion of this Memorandum of Understanding for routes under its jurisdiction. 4. A review and update of this Memorandum of Understanding shall be made biennially. 5. The long-term transportation system objectives listed in items 1 and 2 are shown on a map attached hereto and identified as Exhibit "A". IN WITNESS WHEREOF, the parties have hereto caused this Memorandum of Understanding to be executed by their proper officers and representatives. CITY OF Iowa Cit Dated June 3, 1980 -77 C[L.71 IOWA DEPARTMENT OF TRANSPORTATION By C. I. MacGillivray Director Planning & Research Division r. 2 of 2 3.27 EXHIBIT .. IOWA CITY CORALVILLE LEGEND ® EXISTING PRIMARY ROADS PROPOSED PRIMARY ROADS 3olp RESOLUTION NO. 80-204 RESOLUTION AUTHORIZING THE ISSUANCE OF $1,500,000 IN AGGREGATE PRINCIPAL AMOUNT OF THE CITY OF IOWA CITY, IOWA, INDUSTRIAL DEVELOPMENT REVENUE BONDS (E.B. & A.C. WHITING COMPANY PROJECT) SERIES 1980, WITH THE PROCEEDS FROM THE SALE OF THE BONDS TO BE LOANED TO E.B. & A.C. WHITING COMPANY, A VERMONT CORPORATION DULY QUALIFIED AND AUTHORIZED TO DO BUSINESS IN THE STATE OF IOWA, FOR THE PURPOSE OF DEFRAYING THE COST OF ACQUIRING, CONSTRUCTING, IMPROVING AND EQUIPPING AN INDUSTRIAL DEVELOPMENT PROJECT LOCATED WITHIN OR NEAR THE CITY OF IOWA CITY, IOWA, CONSISTING OF THE ACQUISITION OF LAND AND THE CONSTRUCTING, IMPROVING AND EQUIPPING THEREON OF A FACILITY SUITABLE FOR USE IN THE MANUFACTURING AND PROCESSING OF THERMOPLASTIC MONOFILAMENTS; THE EXECUTION AND DELIVERY OF AN INDENTURE OF TRUST TO SECURE SAID BONDS; THE EXECUTION AND DELIVERY OF A LOAN AGREEMENT BETWEEN THE CITY AND E.B. & A.C. WHITING COMPANY; THE ASSIGNMENT BY THE CITY TO THE TRUSTEE OF THE RIGHTS AND INTEREST OF THE CITY IN AND TO SAID LOAN AGREEMENT; THE SALE OF SAID BONDS; APPOINTMENT OF -A TRUSTEE; AND RELATED MATTERS. WHEREAS, the City of Iowa City, Iowa (the "City") proposes to issue its Industrial Development Revenue Bonds (E.B. & A.C. Whiting Company Project) Series 1980, in the aggregate prin- cipal amount of $1,500,000 (the "Bonds") with the proceeds from the sale of the Bonds to be loaned by the City to E.B. & A.C. Whiting Company, a Vermont corporation duly qualified and authorized to do business in the State of Iowa (the "Company"), for the purpose of defraying the cost of the acquisition, construction, improving and equipping of an industrial develop- ment project located within or near the City of Iowa City, Iowa consisting of the acquisition of land and constructing, improving and equipping thereon of a facility suitable for use in the manufacturing and processing of thermoplastic monofila- ments (the "Project"), the Project to be owned by Company, with the financing of the Project to be undertaken in accordance with the provisions of Chapter 419 of the Code of Iowa (the "Act"); and WHEREAS, the proceeds from the sale of the Bonds are to be loaned by the City to the Company pursuant to provisions of a Loan Agreement (the "Loan Agreement") dated as of June 19, 1980, between the City and the Company; and -3- 3 �� 1 yes. /; /c Iowa City, Iowa, June 3, 1980. The City Council of Iowa City, Iowa, met on the above date at 7:30 o'clock P.M., in open regular session, in the Council Chambers, Civic Center, in Iowa City, Iowa, pursuant to law and the rules of said Council. The meeting was called to order by John Balmer, Mayor, presiding, and on roll call the following Council Members were present: Balmer, Erdahl, Lynch, Perret, Roberts, Vevera Absent: Neuhauser -1- 336 S Matters were'discussed relative to final authorization and issuance of $1,500,000 in aggregate principal amount of the City's Industrial Development Revenue Bonds (E.B. & A.C. Whiting Company Project) Series 1980. Following a report on the proposed Project by representatives of said Company and a discussion of the Bond issue, Council Member Roberts introduced the following Resolution in written form and moved its adoption. Council Member Vevera seconded the motion to adopt. After due consideration of said motion, the roll was called and the Resolution was adopted by the following vote: AYES: Balmer, Erdahl, Lynch, Perret, Roberts, Vevera 0 NAYS: None The Resolution was thereupon signed by the Mayor and in evidence of his approval, was attested by the City Clerk, and was declared to be effective. The Resolution is as follows: -2- 3t� d WHEREAS, the' rights and interest of the City in and to the Loan Agreement will be assigned by the City to the Trustee pur- suant to the Indenture; and WHEREAS, pursuant to published notice of intention this City Council has conducted a public hearing, as required by Section 419.9 of the Act, and this City Council has deemed it to be in the best interests of the City that the Bonds be issued as proposed; and WHEREAS, the City has arranged for the sale of the Bonds to Morgan Guaranty Trust Company of New York (the "Original Purchaser"); and WHEREAS, there has been presented to this meeting the following documents, which the City proposes to enter into: 1. The form of roan Agreement, between the City and Company; and 2. The form of Indenture of Trust dated as of June 19, 1980 (the "Indenture"), between the City and The Howard Bank, Burlington, Vermont, as Trustee thereunder (the "Trustee") setting forth the terms of the Bonds and the conditions and security for payment of the Bonds; and 3. The form of Bond Purchase Agreement dated June 3, 1980 (the "Bond Purchase Agreement"), between the Original Purchaser, the Company and the City relating to the issuance, sale and purchase of the Bonds; and 4. The form of an Inducement and Indemnity Letter dated June 3, 1980 (the "Inducement Letter") from the Company to the City and the Original Purchaser; and 7. The form of the Bonds, as set forth in the Indenture. WHEREAS, it appears that each of the instruments above referred to, which are now before each of the Council Members of the City Council, is in appropriate form and is an appro- priate instrument for the purposes intended; NOW, THEREFORE, Be It Resolved by the City Council of the City of Iowa City, Iowa, as follows: Section I. That the City defray the cost of acquiring, constructing, improving and equipping an industrial development project located within or near the City of Iowa City, Iowa, consisting of the acquisition of land and constructing, improving and equipping thereon of a facility suitable for use in the manufacturing and processing of thermoplastic monofilaments (the "Project") by issuing the Bonds and loaning the proceeds of the sale of the Bonds to Company. -4 - 332- Section 2. 'khat in order to defray the cost of the Project, the issuance of the Bonds in the aggregate principal amount of $1,500,000, maturing on such dates, in such amounts and bearing rates of interest as set forth in the Indenture, in substantially the form and content set forth in the Indenture now before this meeting, subject to appropriate insertion and revision in order to comply with provisions of the Indenture, be and the same hereby are in all respects authorized, approved and confirmed, and the form and content of the Bonds set forth in the Indenture now before this meeting be and the same hereby are in all respects authorized, approved and confirmed, and the Mayor and the City Clerk be and they hereby are authorized, empowered and directed to execute, whether by manual or fac- simile signatures, impress the official seal of the City (or cause to have printed a facsimile thereof) thereon and deliver for and on behalf of the City the Bonds to the Trustee for authentication and the Trustee is hereby authorized and directed to authenticate the Bonds, and the provisions of the Indenture with respect to the Bonds (including without limita- tion the maturity dates, rates of interest and redemption provisions) be and the same hereby are authorized, approved and confirmed and are incorporated herein by reference. Section 3. That the City loan to Company the proceeds from the sale of the Bonds pursuant to the Loan Agreement, which provides for repayment by Company of such loan in an amount equal to principal of and premium, if any, and interest on the Bonds when and as due, and the form and content of the Ivan Agreement, the provisions of which are incorporated herein by reference, be and the same hereby are in all respects autho- rized, approved and confirmed and the Mayor and the City Clerk be and they hereby are authorized, ,empowered and directed to execute, attest, seal and deliver the Loan Agreement prior to or simultaneously with the issuance of the Bonds for and on behalf of the City, including necessary counterparts in substantially the form and content now before this meeting but with such changes, modifications, additions or deletions therein as shall to them seem necessary, desirable or appro- priate, their execution thereof to constitute conclusive evi- dence of their approval of any and all changes, modifications, additions or deletions therein from the form and content of the Loan Agreement now before this meeting, and that from and after the execution and delivery of the Ivan Agreement, the Mayor and the City Clerk are hereby authorized, empowered and directed to do all such acts and things and to execute all such documents as may be necessary to carry out and comply with the provisions of the Loan Agreement as executed. -5- 333 Section 4. That The Howard Bank, of the City of Burlington, Vermont, is hereby appointed Trustee under the Indenture and the form and content of the Indenture, the provisions of which are incorporated herein by reference, and the assignment of the City's rights and interest in and to the Loan Agreement (with certain exceptions as stated in the Indenture) be and the same hereby are in all respects autho- rized, approved and confirmed, and the Mayor and the City Clerk be and they hereby are authorized, empowered and directed to execute, attest, seal and deliver the Indenture for and on behalf of the City to the Trustee for the security of the Bonds and the interest thereon, including necessary counterparts in substantially the form and content now before this meeting but with such changes, modifications, additions and deletions therein as shall to them seem necessary, desirable or appropriate, their execution thereof to constitute conclusive evidence of their approval of any and all changes, modifications, additions or deletions therein from the form and content of the Indenture now before this meeting, and that from and after the execution and delivery of the Indenture, the Mayor and the City Clerk are hereby authorized, empowered, and directed to do all such acts and things and to execute all such documents as may be necessary to carry out and comply with the provisions of the Indenture as executed. Section 5. That the sale of the Bonds to the Original Purchaser at the purchase price of 100% of the par value thereof subject to the terms and conditions set forth in the Bond Purchase Agreement, is hereby authorized, approved and confirmed, and that the form and content of the Bond Purchase Agreement be and the same hereby are, authorized, approved and confirmed and the Mayor be, and he hereby is authorized, empowered and directed to execute and deliver to original Purchaser the Bond Purchase Agreement for and on behalf of the City, including necessary counterparts in the form and content now before this meeting, and that from and after the execution and delivery of the Bond Purchase Agreement, the Mayor and the City Clerk are hereby authorized, empowered and directed to do all such acts and things and to execute all such documents as may be necessary to carry out and comply with the provisions of the Bond Purchase Agreement as executed. Section 6. That the form and content of the Inducement Letter be and the same hereby are authorized, approved and con- firmed and the Mayor be, and he hereby is, authorized, empowered and directed to accept the Inducement Letter for and on behalf of the City by execution thereof, including necessary counterparts in the form 'and content now before this meeting, and that from and after the execution and delivery of the Inducement Letter, the Mayor and the City Clerk are hereby -6- 33,/ authorized, empowered and directed to do all such acts and things and to execute all such documents as may be necessary to carry out and comply with the provisions of the Inducement Letter as executed. Section 7. That the Mayor and the City Clerk of the City be and they hereby are authorized to execute and deliver for and on behalf of the City any and all additional certificates, documents, opinions or other papers and perform all other acts (including without limitation the filing of any financing sta- tements or any other documents to create and maintain a security interest on the properties and revenues pledged or assigned under the Indenture, the Loan Agreement and the Mortgage and the execution of all closing documents as may be required by Messrs. Ahlers, Cooney, Dorweiler, Haynie & Smith, as Bond Counsel, and the acceptance of any documentation evi- dencing indemnification of the City by Company in connection with the transactions contemplated hereby) as they may deem necessary or appropriate in order to implement and carry out the intent and purposes of this Resolution. Section 8. That 'the City hereby elects to have the provi- sions as to the exempt small issue limitation of $10,000,000 under Section 103(b)(6)(D) of the Internal Revenue Code of 1954, as amended, apply to the Bonds, and the Mayor or the Clerk is hereby directed to file or cause to be filed an appropriate statement relating to such election with the Internal Revenue Service. Section 9. That the Loan Agreement requires Company in each year to pay amounts as Loan Payments sufficient to pay the principal of and premium, if any, and interest on the Bonds when and as due, and the payment of such amounts by Company to the Trustee pursuant to the Iran Agreement is hereby autho- rized, approved and confirmed. Section 10. That the Bonds are limited obligations of the City, payable solely out of the Loan Payments required to be paid by Company pursuant to and in accordance with provisions of the Loan Agreement and as provided in the Indenture, and are secured pursuant to and in accordance with provisions of the Indenture. The Bonds and interest thereon shall never consti- tute an indebtedness of the City, within the meaning of any state constitutional provision or statutory limitation, and shall not give rise to a pecuniary liability of the City or a charge against its general credit or taxing powers. Section 11. That the provisions of this Resolution are hereby to be separable and if any section, phrase or provision -7- 33S' shall for any reason be declared to be invalid, such declara- tion shall not affect the validity of the remainder of the sec- tions, phrases or provisions. Section 12. All Resolutions and Orders or parts thereof, in conflict herewith are, to the extent of such conflict, hereby repealed and this Resolution shall be in full force and effect immediately upon its adoption. Adopted and approved this 3rd day of June, 1980. CPity oJ/fJ Iowa City, Iowwa z�l-•-� ��d�fZ�L—, Svc \7J hn Balmer, Mayor Atte t.. Abbie Stolfus, Cit Clerk 334 CLERK'S CERTIFICATE I, Abbie Stolfus, being first duly sworn do hereby depose and certify that I am the duly appointed, qualified, and acting City Clerk of the City of Iowa City, in the County of Johnson, State of Iowa; that as such I have in my possession, or have access to, the complete corporate records of said City and of its Council and officers; that I have carefully compared the transcript hereto attached with the aforesaid corporate records; that said transcript hereto attached is a true, correct and complete copy of all the corporate records showing the action taken by the City Council of said City at a meeting open to the public on June 3, 1980, for the purpose of considering a Resolution authorizing the issuance of $1,500,000 aggregate principal amount of Industrial Development Revenue Bonds (E.B. & A.C. Whiting Company Project) Series 1980, of the City of Iowa City, Iowa, the execution and delivery of an Indenture of Trust to secure said Bonds, the execution and delivery of a Iran Agreement between the City and E.B. & A.C. Whiting Company, the Assignment by the City of the rights and interest of the City in and to said Loan Agreement, the sale of said Bonds, appointment of a Trustee and related matters; that said 6roceedings remain in full force and effect and have not been amended or rescinded in any way; that said meeting and all action thereat was duly and publicly held, with members of the public in attendance, in accordance with a notice of meeting and tentative agenda, a copy of which was timely served on each member of the Council and posted on a bulletin board or other prominent place easily accessible to the public and clearly designated for that purpose at the principal office of the Council (a copy of the face sheet of said agenda being attached hereto) pursuant to the local rules of the Council and the provisions of Chapter 28A, Iowa Code, and upon reasonable advance notice to the public and media at least twenty-four hours prior to the commencement of the meeting as required by said law. Witness my hand and the Corporate Seal of said City hereto affixed this i -k day of June, 1980. i).cZ�, ��(1)-Z_', (SEAL) Abbie Stolfus, Cit ,,Clerk State of Iowa ) SS.: County of Johnson ) Subscribed and sworn to before me this day, the date last above written. Ndtary Public in and for the (SEAL) State of Iowa Q� '(This Notice to be Posted) NOTICE AND CALL OF COUNCIL MEE'T`ING Governmental Body: Date of Meeting: Time of Meeting: The City Council of Iowa City, Iowa. June 3, 1980 7: 30 P.M. Place of Meeting: Council Chambers Civic Center Iowa City, Iowa PUBLIC NOTICE IS HEREBY GIVEN that the above-mentioned governmental body will meet at the date, time and place above set out. The tentative agenda for said meeting is as follows: 1. Resolution authorizing the issuance of $1,500,000 in aggregate principal amount of the City of Iowa City, Iowa, Industrial Development Revenue Bondsr(E.B. & A.C. Whiting Company Project) Series 1980, with the proceeds from the sale of the Bonds to be loaned to E.B. & A.C. Whiting Company, a Vermont corporation duly qualified and authorized to do business in the State of Iowa, for the purpose of defraying the cost of acquiring, constructing, improving and equipping an industrial development project located within or near the City of Iowa City, Iowa, consisting of the acquisition of land and the constructing, improving and equipping thereon of a facility suitable for use in the manufacturing and processing of thermoplastic monofilaments; the execution and delivery of an Indenture of Trust to secure said Bonds; the execution and delivery of a Loan Agreement between the City and E.B. & A.C. Whiting Company; the assignment by the City to the trustee of the rights and interest of the City in and to said Loan Agree- ment; the sale of said Bonds; appointment of a Trustee; and related matters. 2. Such additional matters as are set forth on the addi- tional 5 page(s) attached hereto (attach copy of agenda). This notice is given at the direction of the Mayor, pur- suant to Chapter 28A, Iowa Code, as amended, and the local rules of said governmental body. 7e DEPUTY Mai -Ian K. Karr, Cle k of the City of Iowa City, Iowa Posted: 514080 3 :vs- 'a /Y. Removed: /4Pn -10- ,338 RESOLUTION NO. 80-205 RESOLUTION APPROVING CLASS C LIQUOR CONTROL LICENSE APPLTM= BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Liquor Control License application is hereby approv— ed -Tor the following named person or persons at the following described location: Iowa City Aerie 11695 of the Fraternal Order of Eagles, 225 Hwy 1 SW Box 507 Said approval shall be subject to any conditions or re- strictions hereafter imposed by ordinance or State law. The City Clerk shall cause a recommendation for approval to he endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond, sketch of the premises and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by that the Resolution there were: Balmer Lynch Erdahl Neuhauser Perret Roberts Vevera Vevera and seconded by Perret as res a adopted, and upon io7% aIT Passed and approved this AYES: NAYS x x x x x x 17th day of D or P'la— Attest: �L City Clerk ABSENT: x June 1 19 80 337 RESOLUTION NO. 80-206 RESOLUTION TO ISSUE DANCING PERMIT BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Dancing Permit as provided by law is hereby granted to the following named person and at the following described locations upon his filing an application, having endorsed thereon the certificates of the proper city officials as to having complied with all regulations and ordinances, and having a valid Class "B" Beer Permit or liquor control license, to wit: Iowa City Aerie #695 of The Fraternal Order of Eagles, 225 Hwy 1 SW Box 507 It was moved by Vevera and seconded by Ferret that the Resolution as read be adopted, and upon rol ca t ere were: AYES: NAYS: ABSENT: Balmer x L nch x Erdahl x Neuhauser x Perret x Roberts x Vevera x Passed and approved this 17th day of June 19 80 or Attest: City Clerk 3 �o 16�. /� RESOLUTION NO. 80-207 RESOLUTION APPROVING CLASS C LIQUOR CONTROL LICENSE APPLiM= BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Liquor Control License application is hereby a— -d—Tor the following named person or persons at the following described location: Roy L. Chopek Post #17 dba American Legion, 3016 American Legion Road Said approval shall be subject to any conditions or re- strictions hereafter imposed by ordinance or State law. The City Clerk shall cause a recommendation for approval to he endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond, sketch of the premises and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by Vevera and seconded by Perret that the Resolution ass rea�be adopted, and upon ro7 ca there were: AYES: NAYS: ABSENT: Balmer x Lynch x Erdahl x Neuhauser x _ Perret x Roberts x Vevera x Passed and approved this 17th day of June 19 80 Attest: City Clerk 3 �/ IL4Z.1 4c� RESOLUTION NO. 80-208 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: Walgreen Co. dba Walgreens, 1646 Sycamore 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 Vevera and seconded by Perret that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Balmer x Lynch x Erdahl x Neuhauser x Perret x Roberts x Vevera x Passed and approved this 17th day of June , 19 80 . Attest: - City Clerk 3 Oe - RESOLUTION NO. 80-209 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: Walgreen Co. dba Walgreens, 1646 Sycamore 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 Vevera and seconded by Perret that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Balmer x Synch x Erdahl Neuhauser x Perret x Roberts x Vevera x Passed and approved this 19 80 x 17th day of June , Attest: / _J7"4_) City Clerk 3 V3 /CLo �Ec� RESOLUTION NO. 80-210 RESOLUTION APPROVING CLASS C LIQUOR CONTROL LICENSE APPLTCXT M BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Liquor Control License application is hereby approv�Tor the following named person or persons at the following described location: EECH, Inc. dba Gabe 'N' Walkers, 330 E. Washington Said approval shall be subject to any conditions or re- strictions hereafter imposed by ordinance or State law. The City Clerk shall cause a recommendation for approval to he endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond, sketch of the premises and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by and seconded by Perret that the Resolution as read be adopted, and upon ro'IT caTT there were: AYES: NAYS: ABSENT: Balmer x Lynch x Erdahl x Neuhauser x Perret x Roberts x yevera x Passed and approved this 17th day of June 19 80 a or Attest: Ate- City Clerk 3 �� RESOLUTION NO. 80-211 RESOLUTION TO ISSUE DANCING PERMIT BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Dancing Permit as provided by law is hereby granted to the following named person and at the following described locations upon his filing an application, having endorsed thereon the certificates of the proper city officials as to having complied with all regulations and ordinances, and having a valid Class "B" Beer Permit or liquor control license, to wit: EECH, Inc. dba Gabe 'N' Walker's, 330 E. Washington It was moved by Vevera and seconded by Perre that the Resolution as read e a opted, and upon roll--c—a7l roll--c—athere were: AYES: NAYS: ABSENT: Balmer x Lynch x Erdahl x Neuhauser x Perret x Roberts x Vevera x Passed and approved this 17th day of ,Tune 19 80 . �tG or Attest: City Clerk 3 sus RESOLUTION NO. 80-212 RESOLUTION APPROVING CLASS C LIQUOR CONTROL LICENSE APPLinTTbA BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class c Liquor Control License application is hereby approve=or the following named person or persons at the following described location: Keith W. Dempster dba The Mill Restaurant, 120 E. Burlington Said approval shall be subject to any conditions or re- strictions hereafter imposed by ordinance or State law. The City Clerk shall cause a recommendation for approval to he endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond, sketch of the premises and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by that the Resolution there were: Balmer Lynch Erdahl Neuhauser Perret Roberts Vevera 9evera and seconded byt ..,_ as rea3—be adopted, and upon roll call AYES: NAYS: x x x x x x Passed and approved this lith day of Attest: City Clerk ABSENT: x June 19 80 0 �14 RESOLUTION NO. 80-213 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: Keith W. Dempster dba The Mill Restaurant, 120 E. Burlington 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 Vevera and seconded by Perret that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Balmer x Lynch x Erdahl Neuhauser x Perret x Roberts x x Vevera x Passed and approved this 17th day of June 19 80 r Attest: City Clerk iz7 RESOLUTION NO. 80-214 RESOLUTION APPROVING CLASS C LIQUOR CONTROL LICENSE APPLTCA'TTO BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class �L Liquor Control License application is herebya roved for the following named person or persons t the following described location: David L. Alberhasky dba Dave's Foxhead Tavern, 402 E. Market Said approval shall be subject to any conditions or re- strictions hereafter imposed by ordinance or State law. The City Clerk shall cause a recommendation for approval to he endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond, sketch of the premises and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by Vevera and seconded by Perret that the Resolution as rea a adopted, and upon rod ca TT there were: AYES: NAYS: ABSENT: Balmer x T.Xn rh x Erdahl x Neuhauser x Perret x Roberts x Vevera x Passed and approved this 17th day of June 1980 or Attest: Z2_J�L_ 2u L City Clerk 344a RESOLUTION NO. 80-215 RESOLUTION APPROVING CLASS C LIQUOR CONTROL LICENSE APPLTn'M BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Liquor Control License application is hereby app--- J7or the following named person or persons at the following described location: Copper Dollar of Iowa City, Inc. dba Copper Dollar, and Loft, 211 Iowa Ave. Said approval shall be subject to any conditions or re- strictions hereafter imposed by ordinance or State law. The City Clerk shall cause a recommendation for approval to he endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond, sketch of the premises and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by Vevera and seconded by Perret that the Resolution ass rea�5e adopted, and upon zoIT call there were: Balmer Lynch Erdahl Neuhauser Perret Roberts vevera Passed and approved this Attest: Lce- City Clerk AYES: NAYS: x x x x x x 17th day of or ABSENT: x June lg 80 ESOLUTION NO. 80-216 RESOLUTION APPROVING CLASS C LIQUOR CONTROL LICENSE APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Liquor Control License application is hereby approved—Tor the following named person or persons at the following described location: Breadbasket Corp. dba The Bread Line, 325 E. Washington Said approval shall be subject to any conditions or re- strictions hereafter imposed by ordinance or State law. The City Clerk shall cause a recommendation for approval to he endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond, sketch of the premises and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by that the Resolution there were: Balmer nch Vevera and seconded by Perret as regia be adopted, and upon roZ1_`ca1T AYES: NAYS: ABSENT: x x Erdahl Neuhauser x Perret x Roberts x Vevera x Passed and approved this 17th day of yor Attest: a6,4� City Clerk x June 19 80 J$o RESOLUTION NO. 80-217 RESOLUTION APPROVING CLASS B LIQUOR CONTROL LICENSE APPLTCRrTO BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class B Liquor Control License application is hereby app— FT7or the following named person or persons at the following described location: Howard Johnson Company & McLean Enterprises, Inc. dba Howard Johnson's Restaurant & Motor Lodge Said approval shall be subject to any conditions or re- strictions hereafter imposed by ordinance or State law. The City Clerk shall cause a recommendation for approval to he endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond, sketch of the premises and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by Vevera and seconded by Perret that the Resolution as rea3be adopted, and upon roY ca there were: AYES: NAYS: ABSENT: Balmer x Lynch x Erdahl x Neuhauser x Perret x Roberts x Vevera x Passed and approved this 17th day of June 19 80 \ or Attest: City Clerk 3 57 RESOLUTION NO. 80-218 RESOLUTION OF APPROVAL OF CLASS B SUNDAY PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class B Sunday Permit application is hereby approved for the following named person or persons at the following described location: Howard Johnson Co. & McLean Enterprises, Inc. dba Howard Johnson's Restaurant & Motor Lodge 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 Vevera and seconded by Perret that the Resolution as read be adopted, and upon roll call there were: Balmer AYES: NAYS: x Lynch x Erdahl Neuhauser x Perret x Roberts x Vevera x Passed and approved this 17th 1980 ABSENT: W day of June , �MbLy or Attest: J City Clerk RESOLUTION NO. 80_21_ RESOLUTION TO REFUND BEER PERMIT WHEREAS, Hilltop Tavern at 1100 N. Dodge Sr_ has surrendered Beer Permit No. 1550 , expiring 2/28/81 and requests a refund on the unused portion thereof, now therefore, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that said beer permit be and the same is hereby cancelled, and BE IT FURTHER RESOLVED that the Mayor and City Clerk be and they are hereby authorized and directed to draw a warrant on the General Fund in the amount of $ 225.00 , payable to Edna Eldeen for refund of Beer Permit No. 1550 It was moved by Vevera and seconded by Perret that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Balmer X Lynch X Erdahl X Neuhauser X Perret x Roberts X Vevera X Passed and approved this 17th day off June 1980 �a or ' Attest: IL 2k�-) City Clerk 3S3 RESOLUTION NO. 80-220 RESOLUTION TO ISSUE CIGARETTE PERMITS WHEREAS, the following firms and persons have made appli- cation and paid the mulct tax required by law for the sale of cigarettes and cigarette papers; therefore, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the applications be granted and the City Clerk be and he/she is hereby directed to issue a permit to the following named persons and firms to sell cigarette papers and cigarettes: See attached list 81-1 to 81-47 It was moved by Vevera and seconded by Perret that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Balmer x Lynch x Erdahl x Neuhauser x Perret x Roberts x Vevera x Passed and approved this 17th day of June , 19 80 �yor Attest: ;j4Z City Clerk 35-X RESOLUTION N0, so-zzl RESOLUTION APPROVING CLASS C LIQUOR CONTROL LICENSE APPLTCAfi M BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Liquor Control License application is hereby approveT7or the following named person or persons at the following described location: Lawrence A. McNertney dba Sycamore Eating & Drinking Co., Mall Shopping Center Said approval shall be subject to any conditions or re- strictions hereafter imposed by ordinance or State law. The City Clerk shall cause a recommendation for approval to he endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond, sketch of the premises and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by that the Resolution there were: Balmer Lynch Erdahl Neuhauser Perret Roberts Vevera Vevera and seconded by Perret as reaa6e adopted, and upon ro7 ca Passed and approved this Attest: u City Clerk AYES: NAYS: x x x x x x 17th day of /Mayor x June 19 80 3SS RESOLUTION NO. 80-222 e RESOLUTION SETTING PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE LOWER CITY PARK BIKE TRAIL - FY81 DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECT- ING CITY ENGINEER TO PLACE SAID PLANS, ETC., ON FILE FOR PUBLIC INSPECTION. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That a public hearing on the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project is to be held on the 1St day of July , 19 80 , at 7:30 P.M. in the Council Chambers, Civic Center, Iowa City, Iowa. 2. That the City Clerk is hereby authorized and directed to publish notice of the public hearing for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the city, not less than four (4) nor more than twenty (20) days before said hearing. 3. That the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project are hereby ordered placed on file by the City Engineer in the office of the City Clerk for public inspection. It was moved by Vevera and seconded by that the Resolution as read be adopted, and upon roll call AYES: NAYS: ABSENT: x Balmer x Erdahl x Lynch x Neuhauser x Perret x Roberts x Vevera Passed and approved this 17th day of ATTEST: City Clerk June Perret there were: Mayor 19 80 . CITY BUlronf AMENDMENT AND CERTIFICA'____I RESOLUTION To the Auditor of IOHNSON County, Iowa, and to the State Comptroller: The Council of the City of IOWA CITY in said county (c%J!d(X&) met on June 17th 199, at the place and hour set in the notice, a copy of which accom- panies this certificate and is certified as to publication. Upon taking up the proposed amendment. It was con- sidered and taxpayers were heard for or against the amendment. The Council, after hearing all taxpayers wishing to be heard and considering the stutements rondo hY thom, gave final consideration to the proposed amendment(s) to the budget and modifications prolumed at the hearing, if anye. Thereupon, the following resolution was Introduced: RESOLUTION N0. 80-223 A RESOLUTION AMENDING TIIE CURBZ ',NT BUDGET FOR THE FISCAL YEAR ENDING JUNE, ao, 19 8(L, (AS AMENDED LAST ON October -.19-21.) Be It Resolved by the Council of the City of fnma City ]owa: section 1. Following notice published June 12 , 19 -OIL, and the public hearing held June 17 , 19--U, the current budget (as previously amended) is amended as get out herein. SEE NOTICE OF PUBLIC Human Develo ment FUND FUND Am Certified or Amount of Last Amended Change Amended To: As Certified or Amount of Last Amended Change Amended To: HEARING AS ATTACHED 1. Total Beginnln Cuh Balance 2. Non -Property Tax Income 8. State -Shared Revenue____ _ -- 1. Property Tax AskinjL_S. Total Resource—' ----_—. _ '—'—'— —` -- -------- ---- 8. Lee, Working Balance (Rese"s)- 7. Net Resource for Expenditures 8. Total Requirements 9. Community Protection 10. Human Development 11. Home ! Community Environment 12. Policy and Administration 18. Total Expenditures Reason: Reason: PROGRAM TOTALS Passed this 17TH day of Attest: City Clerk. FROM 14 TO: 15 Community Protection Human Develo ment HoA me Community Environment Policy and Administration Vote (list by names) Ayes: Perret iRoberts V�var; ua7m=r, >: a^h1 r3ruch, ldelsllaltser Nays: None I hereby certify the above transactions to be a true copy of the proceedings of the city council and the resolu- tions passed in the above matter.Lv RS17 June 17_ 80 S/� '"' -3 City ClerR _. ,_ .,._ -------A I ---- #e 6nfwnnn nrnarama nvarall will Form 653-C (11 v6e 1979) I.. V.. • LII,..[., .... I. AMENDMENT OF CURRENT CITY BUDGET N O T I C E The Council of the City of IOWA CITY in JOHNSON County, (name(s) of county or counties) Iowa, will meet at Civic:Center at 7:30 PIn June 17 1980 (place of meeting) (hour) (data) for the purpose of amending the current budget of the city for the fiscal year ending June 30, 19 $O, by changing estimntes of revenue and expenditure appropriations in the following funds and programa and for the following reasons: SEE NOTICE AS ATTACHED FUND FUND As Certified or Amount of Last Amended Change Amended To: As Certified or Amount of Last Amended Change Amended To: 1. Total Beginning Cash Balance 2. Non -Property Tax Income I' 3. State -Shared Revenue 4. Property Tax Asking 6. Total Resources 6. Less, Working Balance (Reserve) 7. Net Resources for Expenditures 8. Total Requirements 9. Community Protection .0. Human Development 1. Home & Community Environment 2. Policy and Administration 3. Total Expenditures Reason: PROGRAM TOTALS FROM 14 TO: 16 Reason: Community Protection Human Development Home &Community Environment Policy and Administration There will be no increase in tax levies to be paid in the current fiscal year named above. Any increase in expenditures set out above will be met from the increased non -property tax'revdnues and cash balances not budgeted or considered in this current budget. This will provide for a balanced budget. S/ City Clerk s j Note: Explain the source of any additional monies and the reason for the need to in4es" or decrease appropriation. If amendment includes change in appropriation for more than two funds, use additional fund boxes for informa- tion required within the bold lines. Instructions: Publish only the specific funds :mended. The above form of notice rnrYc ane column wide and may include ono or more i::nlfa. It m,.A be p. blished not less than four (4) 'inyq I.)1 mo-- ti:sn twenty (20) day_ before the hearing, provide(; that, chi's of less than 200 population and iu LLc11 *re. rni;•, such notice may be posted in three public places. After the public hearing the council shall :,dopt :; -2sorati-m the amend- ment as finally determined which action shall be made a matter of record. For d• i, J2a information, , Chapter 3B4, division II, Code of Iowa. Certification of Publicatio., 7 .wed., := t,y that the above notice was publish -^d (posted In th-ee public places as established by ordinance) in......h's_ fl9l Ci Press',1-Ntjzen p1L_ J'ine � 19—. 8 ( %me of newspaper) i City Clerk hbrm 6JJ•C (Pevlml r�r••• • <.•nw ..., pu•mn, mu ID77) AMENDMENT OF CURRENT CITY BUDGET N O T I C E The Council of the City of IOWA CITY in JOHNSON —County, (name(s) of county or counties) Iowa, will meet at Civic:Center It 7:30 P�n June 17 _ 1980 (place of meeting) (hour) (data) for the purposd of amendilIK the current budget of the city for the fiscal year ending June 30, 19 80, by changing estimates of revenue and expenditure appropriations in the following funds and programs and for the following reasons: SEE NOTICE AS ATTACHED FUND FUND As Certified or Amount of Last Amended Change Amended To: As Certified or Amount of Last Amended Change Amended To: 1. Total Beginning Cash Balance 2. Non -Property Tax Income I' 3. State -Shared Revenue 4. Property Tax Asking 6. Total Resources 6. Less, Working Balance (Reserve) 7. Net Resources for Expenditures 8. Total Requirements 9. Community Protection .0. Human Development 1. Home & Community Environment 'l. Policy and Administration 3. Total Expenditures Reason: Reason: PROGRAMTOTALS FROM 14 TO: 16 Community Protection human Development Home &Community Environment Policy and Adin Btration There will be no increase in tax levies to be paid in the current fiscal year named above. Any increase in expenditures set out above will be met from the increased non -property taxi revenues and cash balances not budgeted or considered in this current budget. This will provide for a balanced budget. `A City Clerk Note: Explain the source of any additional monies and the reason for the need t0 in/tense or decrease appropriation. If amendment includes change in appropriation for moro than two funds, use additional fund boxes for informs - tion required within the bold lines. Instructions: Publish only ttie specific funds :�mcndcd. The above form of notice ma, qne column wide and may include ons• or more i::nds. It m,.it be p bliphetl not less than four (4) •inyq .n mo'; ti:sn twenty (20) da,'ueforc the hearing, provided that, in cit: -,s niless than 200 population ;end iu CLa1 :'ic.. rni.% such notice cony be posted in three public places. After the public hearing the council shall :,dopt :.; -asor!U-at the amend- ment as finally determined which action shall be made a matter of record. For d..i, Je,' information, h• -.o Chapter 364, division 11, Code of Iowa. 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'nmol 1oga.w a. a,a.m 6a.lys UM -El 007 dlunoo nos/YH Or 1,11 vmo= jO dll7 ayl to Inuno7 ayy 30110x 13Juaa 11I3 1tS38Hf13 30 Lizaivcim3ivv RESOLUTION NO. 80-224 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECT- ING CITY CLERK TO PUBLISH NOTICE TO BIDDERS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. WHEREAS, notice of public hearing on the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project was published as required by law, and the hearing thereon held. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the plana, specifications, form of contract, and estimate of cost for the construction of the above-named project are hereby approved. 2. That the amount of bid security to accompany each bid for the construction of the above-named project shall be in the amount of 10°% of the bid payable to Treasurer, City of Iowa City, Iowa. 3. That the City Clerk is hereby authorized and directed to publish notice for the receipt of bide for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the city not less than four (4) nor more than twenty (20) days before the date established for the receipt of bide. 4. That bids for the construction of the above-named project are to be received by the City of Iowa City, Iowa, at the Office of the City Clerk, at the Civic Center, until 10:00 A.M. on the 8th day of July 19_p, Thereafter, the bids will be opened by the City Engineer , and thereupon referred to the Council of the City of Iowa City, Iowa, for action upon said bide at its next meeting to be held at the Council Chambers, Civic Center, Iowa City, Iowa, at 7:30 P.M. on the 15th day of July , 19 80 . ECe.>iv�'.l P, Tnn'ovC"d BY flit u'gal D'.partme:.f -ir-P �lp Page 2 Resolution No. 80-224 It was moved by Roberts and seconded by Neuhauser that the Resolution as rea e a opte , and upon roll came were: AYES: NAYS: ASSENT: x Balmer x Erdahl x Lynch x Neuhauser x Perret x Roberts i x Vevera Passed and approved this 17th day of June , 1 9B0 . �_ S NAYCF ATTEST: s� CITY CLERK 4 3bl RESOLUTION NO. 80-225 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT PROVIDING FOR THE MUTUAL RESCISSION OF 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 mutually rescinding said Contract; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA 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., mutually rescinding the Contract for the Sale of Land for Private Redevelopment executed on June 25, 1979. 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 Vevera and seconded by Perret 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 17th day of June 1980. ATTEST: lily �i CITY CLERK Recoived & Approved by The Legal Department & o3G � RECISION OF URBAN RENEWAL CONTRACT This agreement, made and entered into this17tiday of June, 1980, by and between the City of Iowa City, Iowa, a municipal corporation, hereinafter called City, and North Bay Construction, Inc., herein- after called Redeveloper. Whereas, the City and Redeveloper entered into a Contract for the Sale of Land for Private Redevelopment on June 25, 1979 of Parcel 82 -lb, which has been recorded in Book 550, Page 95, Johnson County Recorder's Office; and Whereas, the City and the Redeveloper deem it desirable to rescind said Contract; It is therefore agreed by and between the City and the Redeveloper: The Contract entered into on June 25, 1979, is hereby mutually rescinded, thereby releasing the City and Redeveloper from any and all claims, rights and liabilities under the Contract. 2. The Redeveloper's good faith deposit of $5,000 paid to the City pursuant to the Contract, shall be refunded to the Redeveloper without any accumulated interest. CITY OF IOWA CIITY 13y (6/ lyor Attest: Clerk NORTH BAY CONSTRUCTION, INC. Attes : ,3(0,3 RESOLUTION NO. 80-226 RESOLUTION AUTHORIZING mff)C[ aN OF AN AGREEMENT WITH BRUCE R. AND FLORENCE E. GLASGOW OF IOWA CITY, IOWA WHEREAS, the City of Iowa City, Iowa, has negotiated an agreement withBruce R. and Florence E. Gla ow , a copy of said agreement being attac to s Reso u on s reference made a rt eo and, WEJEAS, the City Council deems it in the public interest to enter into said agreement with Bruce R. and Florence E. Glasgow of Iowa City, Iowa for fifty (50) percent of the cost of the engineering design and construction of the North Dodge Street Court Sewer. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL: 1. That the Mayor and City Clerk are hereby authorized and directed to execute the agreement with Bruce R. and Florence E. Glasgow `2. That the City Clerk shall furnish oopies of said agreement to any citizen requesting same. It was moved by V e v e r a and seconded by Roberts the Resolution be adopted, and roll scall there were: AYES: . NAYS: ABSENT: X Balmer x Erdahl x Lynch x Neuhauser x Perret x Roberts x Vevera Passed and approved this 17th day of June , 1980. ATTEST: ( City Clerk u w January 24, 1980 Mr. Bruce Glasgow 834 N. Johnson St. Iowa City, Iowa 52240 Re: Sanitary Sewer Extension/North Dodge Street Court Dear Bruce: The City Council at its informal session,on January 21 approved the concept of splitting the cost for a sanitary sewer extension to serve the east end area of North Dodge Street Court. Since the estimated cost of the project is in the $12,000-$15,000 range, the desirable method to pursue this project to completion is for you to be the contracting authority. Because the City's share will be less than $10,000, it is not necessary that we go through formal contract procedures in order for us to contribute our 50% share. In general, the following guidelines should be followed for this project: 1. Glasgow hires a consulting firm to perform the design work (City to pay 50%); 2. Glasgow will hire a contractor to construct the project (City to reimburse Glasgow for 50% of the cost); 3. The City will participate in a project to install a manhole at the eastern end of North Dodge Street Court. Further extensions may be made by Glasgow but would not be eligible for cost participation; 4. The design work by the consultant should include necessary easement acquisition; 5. Dickens should be consulted regarding the actual location in the early stages; 6. The City and Glasgow will enter into an agreement similar to "over - width paving agreements"; and 7. The City intends to enter into an agreement with Dickens in hopes of recapturing a portion of the City's costs by a tapping fee arrangement. Mr. Bruce Glasyuw January 24, 1980 Page 2 Since Dickens will only get a benefit from the sewer for a specified number of acres, your consultant should attempt to estimate this figure for use in the agreement with Dickens for a tapping fee. Also, I would like to review the preliminary plans for the project as they become available so that we won't "surprise each other" later on. To give you most security regarding the City contribution for this project, it is probably important to develop the agreement between the City and yourself as soon as a fairly firm cost estimate is available. I will leave the actual timing of this matter to your discretion. If you have any further questions regarding this, please contact me and we will discuss it further. Sincerely, Eugene A. Dietz City Engineer bj4/3-4 3G6, A G R E E M E N T Bruce R. Glasgow and parts of WHEREAS, Florence E. Glasgow are IFIF the Ownersof/lots five and six in Ricords Subdivision, an Addition to the City of Iowa City, Iowa, according to the recorded plat thereof, and WHEREAS, the property is not served by sanitary sewer, and WHEREAS, the City Council of Iowa City, Iowa, concurs that the Owner shall install an 8" public sanitary sewer from the northeast trunk sewer to the east end of North Dodge Street Court, and WHEREAS, the City of Iowa City has agreed to reimburse the Owner for fifty percent of the cost of said improvement and said cost has been determined to be less than Ten Thousand Dollars ($10,000), and that no bids are required pursuant to Chapter 384 of the Code of Iowa, and the City of Iowa City has determined that a cost not to exceed---S7,985.25------------- is a fair and reasonable price for fifty percent of the cost of the improvement. IT IS THEREFORE AGREED, by and between the parties as follows: 1. The Owner shall contract for the design, construction staking, and installation of said sanitary sewer consistent with plans approved by the City of Iowa City and shall be responsible for constructing the sanitary sewer in accordance with applicable Ordinances, rules, regulations, and specifications of the City of Iowa City, Iowa. 2. That upon completion of the sewer improvement and the acceptance of the work by the City of Iowa City, that the City of Iowa City shall pay to the Owner, fifty percent of the cost of the improvement, but not to exceed as full payment for its share of the improvement. 3. The Owner shall have the right to install additional sewer in the project, but the City of Iowa City shall participate in the cost to bring the sewer to the eastern extremity of North Dodge Street Court only. 4. The Owner shall obtain all necessary public easement for the construction of the improvement and shall provide the City of Iowa City recorded copies thereof. 5. The Owner shall provide the City of Iowa City engineering computations ,other than Owner hereii which determine a probable number of total acres by property owneo be served by the improvements to enable the City of Iowa City to develop appropriate reimbursement agreements for properties served by the improvement exclusive of property under control of the Owner at the execution date of this agreement. 6. It is understood and agreed by and between the parties that nothing herein contained, nor shall the entering into of this agreement by the City of Iowa City be deemed to constitute in any way a waiver of any of the Ordinances, -rules, regulations or specifications of the City of Iowa City, and the Owner hereby agrees to comply with all Ordinances, rules, regulations and specifications of the City of Iowa City, and all of the laws of the State of Iowa. Dated at Iowa City, Iowa, this 23rd day of May A.D., 1980. ;BT4 Y IOWA CITY, IOWA By: _ 2,,_Y`. �CQ� ^ Mayor—Sruc�K: �ias�aw Attest: 3G7 __— — r�\aa��•a•z•ua DRAKE CONSTRUCTION, I Hwy. 92 West 'P. 0. Box 8 WINTERSETI IOWA 50273 (515) 462.2587 PO SAtSUB PHONEkt` 1 �.TOB NAMECETY, STAJOB LOG TION k-� JOB PHONE C HIT EDATE OF PLANS hereby to furnish material and labor — complete In accordance with Specifications below, for the sum 01: ($ 7o4yb 30 ). ;5,11;- l; - '1 - o C:- AC -CEP E OF II 11AU� Wea IJ "// S I m materia Is pdu. itta d to b..1 ces. An A All rock to a ation h un In • workmanlike a SignaturAUthorlze- mmmr according Ip mnderd practices. Any elHulbn or deviation bom .peclllndane Dr $Ignature� i low rivolvmp eair. coero will be executed only upon written order,, and will become an ve. coupe over and shore in. estimate. All ecraaments contingent upon strike\, wcl- ( /� ' Note: This proposal may b deals m delays beyond our control. Owner to Berry lbs, tornado and giber necessary wltOdfawn by ua II not ecCepled W�Ihia YYY/// days I mewenc. Our work.,. .1. fully covered by workmen's Compensation Insurance. V We hereby submit specifications and estimates for. INAbE 1 .I VI.G-) 194 J ` C.p �A t]C,Dp I'IAF�r1l�LC � IS L`s'/CA. II I IAA,,IAO-e G) II�C`L�IEA �. I TIE 7N Ei Z5og/FA B OII ;.,CI TOIR-- ASE 1_ IL- �; tAArJ ncL IE b , l nL ca= q`'°I CW I Ol AL YI\RSt 11 Tot AL�i1g5E1AA o11 45co.� 100.00 zsb. 0D Z60. 00 13,Sz0 .So 43IS.so Z000.o0 ZSo. 00 662!5' so � Zolg4b.30 t�CND �ESTD0Al1013 i osF .L'-0 -LL (^Cc-/^ co`�-SC' 1. 1n5TR�LFF, / `.i Ot71Jc_ APUL,.•�D PIPE tNC'LADEo IN S -jA(z P9,ICE OF PIPE A.J.I 01r(2 -CI YL,C AEQTAt_ ce QOAO SUP -FACE AAATECtat_ Wl li bI= I_n1!A A) L fjIT PKtCE 015eQt6Eo Ae0I,t L`Wtie'Z TC -�uL2r�tSN QEASuIJABIL, 01-0eSE LOCATI00 FO2 ISD 1 1 Q I Iz 1 - !11 7bJap :1-C (60-30 tam �E4LA.IZC O EATIZA A i COST o r AmptAna of Vraptioal — The above prices, specifications and conditions are aetlsfaclory and are hereby accepted. You are eulhorind Signature to do the work as specllled. Payment will be made as outlined above. Date of Signature IONY TI\ d Ar.�l.p. 11M M\l Nc. To-m.N, Y.., 014" 3G? hereby to furnish material and labor — complete In accordance with Specifications below, for the sum 01: ($ 7o4yb 30 ). ;5,11;- l; - '1 - o C:- AC -CEP E OF II 11AU� Wea IJ "// S I m materia Is pdu. itta d to b..1 ces. An A All rock to a ation h un In • workmanlike a SignaturAUthorlze- mmmr according Ip mnderd practices. Any elHulbn or deviation bom .peclllndane Dr $Ignature� i low rivolvmp eair. coero will be executed only upon written order,, and will become an ve. coupe over and shore in. estimate. All ecraaments contingent upon strike\, wcl- ( /� ' Note: This proposal may b deals m delays beyond our control. Owner to Berry lbs, tornado and giber necessary wltOdfawn by ua II not ecCepled W�Ihia YYY/// days I mewenc. Our work.,. .1. fully covered by workmen's Compensation Insurance. V We hereby submit specifications and estimates for. INAbE 1 .I VI.G-) 194 J ` C.p �A t]C,Dp I'IAF�r1l�LC � IS L`s'/CA. II I IAA,,IAO-e G) II�C`L�IEA �. I TIE 7N Ei Z5og/FA B OII ;.,CI TOIR-- ASE 1_ IL- �; tAArJ ncL IE b , l nL ca= q`'°I CW I Ol AL YI\RSt 11 Tot AL�i1g5E1AA o11 45co.� 100.00 zsb. 0D Z60. 00 13,Sz0 .So 43IS.so Z000.o0 ZSo. 00 662!5' so � Zolg4b.30 t�CND �ESTD0Al1013 i osF .L'-0 -LL (^Cc-/^ co`�-SC' 1. 1n5TR�LFF, / `.i Ot71Jc_ APUL,.•�D PIPE tNC'LADEo IN S -jA(z P9,ICE OF PIPE A.J.I 01r(2 -CI YL,C AEQTAt_ ce QOAO SUP -FACE AAATECtat_ Wl li bI= I_n1!A A) L fjIT PKtCE 015eQt6Eo Ae0I,t L`Wtie'Z TC -�uL2r�tSN QEASuIJABIL, 01-0eSE LOCATI00 FO2 ISD 1 1 Q I Iz 1 - !11 7bJap :1-C (60-30 tam �E4LA.IZC O EATIZA A i COST o r AmptAna of Vraptioal — The above prices, specifications and conditions are aetlsfaclory and are hereby accepted. You are eulhorind Signature to do the work as specllled. Payment will be made as outlined above. Date of Signature IONY TI\ d Ar.�l.p. 11M M\l Nc. To-m.N, Y.., 014" 3G? M MMS CONSULTANTS, INC. 465 IOWA HIGHWAY N9.1 WEST • IOWA CITY • IOWA 52240 319-351- 8282 June 02, 1980 Mr. Bruce Glasgow 834 North Johnson Street Iowa City, Iowa 52240 RE: Dodge Street Court Sanitary Sewer Extension Phase One Iowa City, Iowa Dear Mr. Glasgow: We propose to furnish engineering services in the amount of $2,150.00 relative to the above referenced project and phase. Respectfully submitted, MMS CONSULTANT S, INC. ' f Christopher M. Stephen CMS/cas Ron.Id R. Y.r.r P.En LS Roh.rl D. 41ct.bon LE L.rry R. 8ehnittI.r LJ Chrl.lop", Y. Bl.ph.n P.I 369 l� RESOLUTION NO. 80-227 j,/, C� RESOLUTION AWARDING CONTRACT AND AUTHORIZING mAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT FOR THE CONSTRUCTION OF THE NEIGHBORHOOD SITE IMPROVEMENTS - CURB RAMP AND SIDEWALK WHEREAS, WOLF CONSTRUCTION, INC. has submitted the best bid for the construction of the above-named project. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the contract for the construction of the above-named project is hereby awarded to WOIF CONSTRUCTION INC. fnr tha lnw hid of $24,54LOO , subject to the condition that awardee secure adequate performance bond and insurance certificates. 2. That the Mayor is hereby authorized to sign and the City Clerk to attest the contract for the construction of the above-named project, subject to the condition that awardee secure adequate performance bond and insurance certificates. It was moved by Neuhauser and seconded by Perret 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 17th day of June , 1980 �_Z7 - r 1 \ MAYOR ATTEST: /� •GiG _.! c -C 1i: 1J ,' CITY CLERK 070 I /CCo. ACU . CONTRACT .THIS AGREEMENT, made and entered into this day of zzt- ] , 19k , by and between the City of Iowa City Iowa party of the first part, hereinafter referred to as the "Owner" and party of the second part, hereinafter referred to as the "Contractor" WITNESSETH: That whereas the Owner has heretofore caused to be prepared certain plans, specifications and proposal blanks, dated the 25th day of April , 1980 , for the Neighborhood Site Improvements -Curb Ramp and Sidewalk Repair Program Highland Neighborhood) under the terms and conditions therein fully stated and set forth, and Wh;reas, said plans, specifications and proposal accurately, and fully describe the terms and conditions upon which the Contractor is willing to perform the work specified: NOW, THEREFORE, IT IS AGREED: 1. That the Owner hereby accepts the attached proposal of the Contractor for the work and for the sums listed therein. 2. That this Contract consists of the following component parts which are made a part of this agreement and Contract as fully and absolutely as if they were set out in detail in this Contract: a. Addenda Numbers I b. "Standard Specifications for Highway and Bridge Construction", Series of 1977, Iowa Department of Transportation, Highway Division, plus current special provisions and supplemental specifications. c. Plans d. "otice of Public Hearing and Advertisement for Bids. CF -1 J70 e. SI 'al Provisions f. Proposal g. Thiq Instrument The above components are complementary and what is called for by one shall be as binding as if called for by all. 3. -.That payments are to be made to the Contractor in accordance.with and subject to the provisions embodied in the documents made a part of this Contract 4. That this Contract is executed in 3 copies. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals the date first written above. (Sell) (Title),, Mayor ATTEST: (Title) City Clerk Contractor (Seal) (Title) ATTEST: (Title) (Company Official) CF -2 PERFORMANCE AND PAYMENT BONI KNOW ALL MEN BY THESE PRESENTS THAT f Construction, Inc., Towa City, Iowa e insert the name a a reaa or Zen a Principal, hereinafter called the Contractor and d Fire & Casualty Company, Cedar Rapids, Iowa as Surety, hereinafter insert the le gal titZe of tho called the Surety, are held and firmly bound onto the City of Iowa City, Iowa, as obligee, hereinafter called. the Owner, Five Hundred Forty Five and No/100 Dollars ($24,545.00 in the amount of Twenty Four Thousand, ) 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 1980 , entered into a Contract with Owner for.... Neighborhood Site Improvements - Curb Ramp and Sidewalk Repair Program (Highland Neighborhood), Iowa City, Iowa In accordance with plans and specifications prepared by the City of Iowa City, which Contract is by reference made a part hereof, and is hereinafter referred to as the Contract. NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION are such that, if 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 obligations thereunder, the Surety may promptly remedy the default, or shall promptly: pn_1 370 I . Complete the Contract in accordance with its terms and conditic__. or 2. Obtain a bid or bids for submission to Owner for completing the Contract in accordance with its terms and conditions, and upon determination by Owner and Surety of the lowest - responsible bidder, arrange for a contract between such bidder and Owner, and make available as work progresses (even though there should be a default or a succession of defaults under the Contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the Contract Price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the Contract Price", as used in this ,paragraph, shall mean the total amount payable by Owner to Contractor under the Contract and any amendments thereto, less the amount properly paid by Owner to Contractor. C. The'Contractor and his Surety shall, in accordance with the provisions of Section 384 of the Code of Iowa be obligated to keep the improvements covered by this bond in good repair for a period of two (2) years from the date of acceptance of the improvements by the Owner. D. No right of action shall accrue to or for the use of any person or corporation other than the Owner named herein or the heirs, executors, administrators or successors of Owner. 370 . ' IT IS A FURTHER CmmnlTION OF THIS OBLIGATION tha' "ie principal and Surety shall, in accordance with provisions of Chapter 573 of the Code of Iowa, pay to all persons., firms or corporations having contracts directly with the principal or with subcontractors all just claims due them for labor performed or materials furnished in the performance of the contract on account of which this bond is given. The provisions of Chapter 573, Code of Iowa, are a part of this bond to the same extent as if they were expressly set out herein. SIGNED AND SEALED THIS Iq 4 ---DAY OF IN THE PRESENCE OF: Witness i> > A.D., 19 80. WOLF CONSTRUCTION, INC. (F'.r1 opal) �J U BY i•lo.. % O/r�,L ✓fur � to UNITED FIRE & CASUALTY COMPANY urpty By m Witness (Title) torney-in-Fact and Iowa Resident Agent ,3 7v TED FIRE & CASUALTY COMPANY HOME OFFICE — CEDAR RAPIDS, IOWA CERTIFIED COPY OF POWER OF ATTORNEY (Original on file at Home Office of Company — See Certification) KNOW ALL MEN BY THESE PRESENTS, That the UNITED FIRE & CASUALTY COMPANY, a corporation duly organized and existing under the laws of the State of Iowa, and having its principal office in Cedar Rapids, State of Iowa, does make, con- stitute and appoint Patricia R. Zahn, or L. Pieratt, Jr., or David F. Freiermuth, or Theresa Juhl, or Veronica Monaghan, or Lowell Zapf, or Samuel M. Beatty, All Individually of Waterloo, Iowa its true and lawful Attorney(s)-in-Fact with power and authority hereby conferred to sign, seal and execute in its behalf all law- ful bonds, undertakings and other obligatory instruments of similar nature as follows: -- Any and all bonds -- and to bind UNITED FIRE & CASUALTY COMPANY thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of UNITED FIRE & CASUALTY COMPANY and all the acts of said Attorney, pursuant to the authority hereby given are hereby ratified and confirmed. The Authority hereby granted shall expire January 3 0 , 1982 unless sooner revoked. This power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the Board of Directors of the Company on April 18, 1973. "Article V — Surety Bonds and Undertakings." Section 2, Appointment of Altorncy-In-Fact. "The President or any Vice President, or Any other officer of the Company. may, from time to time, appoint by written certificates attorney. -In -feel to act in behalf of the Company in the execution of policies of insurance, bonds, undertakings and other obligatory Instruments of Ille Alun. The signature of any officer autho- rized hereby, and the Corporate seal, may be affixed by facsimile to any power of attorney or spacial Dower of attorney or car. tification of either awhodred hereby; much signature and seal, when so used, being adopted by the Company a the original signature of much officer and the original semi of the Company. to be valid and binding upon the Company with the same force and effect a though manually afflxod. Such attorney--In-f.cl, object to the limitations set forth In their respective cortlfiealm pf authority !,hall have full power to bind the Company by then signature and execution of any inch instruments and to attach the sed of the Company thereto. The President or any Vice President, the Board of Directors or any other officer of the Com- pany may at any time revoke all Dower and authority previously given to any attorney-in-fact. IN WITNESS WHEREOF, the UNITED FIRE & CASUALTY COMPANY has caused these presents c�5UA to be signed by its vice president and its corporate seal to be hereto affixed this 3 0 th Please insert the date at tare bottom A.D. 1980 . of the Power of Attorney, the same UNITED FIRE & CASUALTY COMPANY date used on the Contract and Bond. y 4— -n n / State of Iowa, County of Linn, ss: ice President on this 30th day of January 1980 , before me personally came Richard J. Ehlinger to me known, who being by me duly sworn, did depose and say: that he resides in Cedar Rapids, State of Iowa; that he is a Vice President of the UNITED FIRE & CASUALTY COMPANY, the corporation described in and which executed the above instru• ment; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. ROGER G. HECNROTH My COMMISSION EXPIRES September 30, 1980 Notary Public My commission expires September 30, 19 8 0 CERTIFICATION I, the undersigned officer of the UNITED FIRE & CASUALTY COMPANY , do hereby certify that I have compared the fore. going copy of the Power of Attorney and affidavit, and the copy of the Section of the By -Laws of said Company as set forth in said Power of Attorney, with the ORIGINALS ON FILE IN THE HOME OFFICE OF SA ID COMPANY, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect. .............. mIn testimony whereof 1 have hereunto subscribed my name and affixed the corporate seal of the said G k _._ Compam� f�� day of �!�i[t/ 19 s� SEA.L !:� ✓// /YIC c'- ew ov UNDIa�,�p Secretary 370 FORM OF PROPOSAL NEIGHBORHOOD SITE IMPROVEMENTS-CURu KAMP AND SIDEWALK REPAIR PROGRAM (HIGHLAND NEIGHBORHOOD) CITY OF IOWA CITY NOTE TO BIDDERS: PLEASE DO NOT USE THE FORM OF PROPOSAL INCLUDED IN THE BOUND VOLUME OF THE SPECIFICATIONS. SEPARATE COPIES OF THIS PROPOSAL WILL BE FURNISHED TO BIDDERS UPON APPLICATION TO THE ENGINEER. Name of BidderN�- Address of Bidder Z1410,ij;;1,2 9L /-V /Pj TO: City Clerk City of Iowa City Iowa City, Iowa 52240 The undersigned bidder submits herewith bid security in the amount of $ 3,000.00 in accordance with the terms set forth in the "Standard Specifications", Article 1102.12. The undersigned bidder, having examined and determined the scope of the Contract Documents, hereby proposes to provide the required labor, services, materials and equipment and to perform the work as described in the Contract Documents,`including Addenda No. 1 , , and and do all work at the prices hereinafter set out. We further propose to do all "Extra Work" which may be required to complete the work contemplated, at unit prices or lump sums to be agreed upon in writing prior to starting such work, or if such prices or sums cannot be agreed upon to perform such work on a force account basis, as provided in the "Standard Specifications". ESTIMATED UNIT EXTENDED ITEM DESCRIPTION UNIT QUANTITY PRICE AMOUNT 1. Lip Curb P.C. Concrete complete Each 41 $ $ ;5( %/) 2. Double Lip Curb P.C. Concrete complete 3. Sidewalk, P.C. Concret 4" (removal & replacement) Each 3 Sq. Ft. 8192 P-1 TOTAL EXTENDED AMOUNT 370 V The undersigned bidder certifies that this proposal is made in good faith, without collusion or connection with any other person or persons bidding on the work. . The undersigned bidder states that this proposal is made in conformity with the Contract Documents and agrees that, in the event of any discrepancies or differences between any conditions of his proposal and the Contract Documents prepared by the* City of Iowa City, the provisions of the latter shall prevail. (Seal - if bid is by a corporation PARTNERSHIPS: FURNISH FULL NAME OF ALL PARTNERS 1%- FIRM: /,� 7n(/ CC��ST/2���%�D✓ Gl/G By: �c� / i (Title)7- Business Address I P-2 370 RESOLUTION NO. 80-228 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AGREEMENTS WHEREBY THE CITY WILL ACQUIRE CERTAIN FARM TENANCY RIGHTS HELD BY RAY LACINA IN CONNECTION WITH THE SOUTH BRANCH RALSTON CREEK STORMWATER DETENTION PROJECT. WHEREAS, it is in the public interest to construct certain stormwater detention improvements (dam) in the South Branch Ralston Creek area in Iowa City and Johnson County; and WHEREAS, it is necessary to acquire certain farm tenancy rights now held by Mr. Ray Lacina in order to construct said dam, which rights exist in a growing crop and are separate and distinct under Iowa law and thus compensable under eminent domain; and WHEREAS, the CITY and Mr. Lacina have reached settlement regarding the crop "standing in the field", in lieu of condemnation. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY: The Mayor is authorized to sign and the City Clerk to attest two Agreements with Mr. Ray Lacina as owner of certain farm tenancy rights, which Agreements constitute settlement in lieu of condemnation for losses to farm income in connection with the South Branch Ralston Creek Stormwater Detention Project. It was moved by Neuhauser and seconded by Vevera that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Balmer abstain Lynch X Erdahl X Neuhauser X Perret X Roberts X Vevera Passed and approved this 17thday of June 19 80. 7 ATTEST: City Clerk Z, . l Mayo/r' Rftelvbd A By Th. , pproved �gd Depa►�„+enI G / � 3 7'� AGREEMENT THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation, hereinafter called CITY, and Ray Lacina, of Johnson County, Iowa, hereinafter called OWNER. WITNESSETH: WHEREAS, the CITY has deemed it in the public interest to erect a dam on the south branch of Ralston Creek for flood control purposes, and for such purpose to acquire certain real estate and farm tenancy rights; and WHEREAS, the OWNER has farm tenancy rights in certain real estate located upon and adjacent to the dam site, some of which property has already been acquired by the CITY subject to OWNER'S farm tenancy rights herein; and WHEREAS, the parties in lieu of condemnation proceedings have agreed to the acquisition of certain farm tenancy rights of the OWNER by the CITY as just compensation for losses to the corn crop now standing in the field. IT IS THEREFORE AGREED AS FOLLOWS: 1. Purchase of Crop - Fee Area and Borrow Area The CITY shall purchase the entire corn crop now standing in the field on property owned in fee simple by the CITY, which property is approximately 28.05 acres and is more particularly described as Parcels 1 and 3 in Exhibit "A" attached hereto and by this reference made a part hereof. In addition, the CITY shall purchase the crop now growing on the borrow easement area known as Parcel 1-A containing approximately 6.14 acres, which borrow easement is more particularly described in Exhibit "A" attached hereto and made a part hereof by reference. CITY covenants that the CITY is the legal successor in interest to the growing corn crop now located on the borrow easement area by reason of a separate Agreement with the fee owners Wilfreda and Albert Hieronymus, and will furnish a disclaimer in writing signed by the fee owners to Mr. Ray Lacina by July 15, 1980. 2. Compensation In consideration for receipt of a lump sum payment in the •lint of $14,500, OWNER agrees to continue to nurture, 3 '� 2 maintain, cultivate, harvest and market the corn crop now standing in the field on the approximately 34.19 acres, which payment is based on an estimated crop value of $390 per acre; said payment shall also include losses for reduced efficiency due to interference with line cultivation and destruction of crossing areas, together with any losses to the crop now growing on the Flowage Easement which may result from flooding the flowage easement during and/or after construction of the dam. OWNER acknowledges that said Flowage Easement has been duly executed between the CITY and the fee owners in a separate agreement which has been recorded in the Johnson County Recorder's Office; and further, said flowage easement is more commonly known as Parcel 2 as described in Exhibit "A" attached hereto and by this reference incorporated herein. 3. CITY shall be entitled to possession of said crop for purposes of construction of a dam, including removal of the top soil containing the growing crop in the borrow area denoted as Parcel 1-A, plus any grading, dredging, bulldozing, shaping and/or other removal of earth required to complete construction of the dam. CITY agrees to stake out markers as guidelines to the CITY'S contractor in order to minimize the number of acres damaged during construction of the dam. CITY further agrees to limit the contractor to a reasonable area for construction in order to minimize damage to the growing crop. 4. OWNER agrees that the CITY'S possession of said crop area is for purposes of dam construction, and that crop losses resulting therefrom shall be treated as compensated in full herein, regardless of total size of damaged area. In return, OWNER agrees to reimburse CITY for rental payment at $125 per acre for those acres which are successfully harvested during the fall of 1980 out of the total 34.19 acres being farmed by OWNER and now owned by the CITY (Parcels 1 and 3), together with the borrow easement (Parcel 1-A). Total acres harvestable shall be determined as follows: a. OWNER, Mr. Ray Lacina, and Mr. Charles Schmadeke, City Engineer, shall together view the entire 34.19 acres and determine the harvestable acres at time of harvest, which harvest shall be during October or November of 1980; 373 3 and in any event shall be no later than November 1, 1980. Only acreage which contains harvestable crop shall be calculated for rental payment to the CITY. b. Payment shall be made payable to the CITY, care of Charles Schmadeke, City Engineer, at the rate of $125 per acre; which payment shall be made by OWNER no later than December 1, 1980. Parties agree that said calculation of said harvestable acreage and payment shall complete the two- step transaction herein; and together these transactions shall constitute "just compensation" under Iowa law. 5. The provisions hereof shall be for the benefit of and bind the personal representatives, heirs, and assigns of the OWNER and the CITY; and the terms and conditions set forth above shall constitute the entire agreement among and between the parties. Dated this day of June, 1980. CITY OF IOWA CITY: MR. RAY LACINA: ATTEST: Lev CITY CLERK STATE OF IOWA ) ) SS JOHNSON COUNTY )� ' , lvl On this ��_ day of June, 1980, before me, the undersigned, a Notary Public in and for State of Iowa, County of -Johnson, personally appeared Ray Lacina, to me known to be the identical person named in and who executed the foregoing instrument and acknowledged that he executed the same as his voluntary act and deed. Received $ Approvad By The Legal Doparfiiat>t A/� ce� N-OPbry Public in and for said County and State My Commission expires 3754 i EXHIBIT "A" Parcel 1: Beginning at the West quarter corner of Section 18, To,+nship 79 North, Range 5 West of the Fifth Principal Meridian, Johnson County, Iowa; thence N 0143139" W 1052.00 feet along the Westerly line of the Northwest fractional one quarter of said Section 18 to a point (this is an assumed bearing for the purposes of this description only); thence N 44008119" E 602.30 feet to a point; thence N 2051110" E 400.23 feet to a point of intersection with the Southerly line of property described in Warranty Deed recorded in the Johnson County Recorder's office, Book 395, Page 317; thence South 8902811,1" E 1025.53 feet along said Southerly line to a point; thence S 51013'26" W 690.75 feet to a point; thence S 21°01'45" W 209.73 feet to a point; thence S 0043139" E 756.03 feet to a point; thence N 88039'59" W 803.97 feet to a point; thence S 0°43'39" E 510.00 feet to a point of intersection with the Southerly line of said Northwest fractional one quarter of Section 18; thence N 88139159" W 50.03 feet to the point of beginning; and containing 25.26 acres more or less. Parcel 1-A: Commencing as a point of reference at the West quarter corner of Section 18, Township 79 North, Range 5 West of the Fifth Principal Meridian, Johnson County, Iowa; thence N 0°43'39" W 1052.00 feet along the Westerly line of the Northwest fractional one quarter of said Section 18 to the point of beginning of the tract herein described (this is an assumed bearing for purposes of this description only); thence continuing N 0°43'39" W 836.22 feet to the Southerly line of a parcel described in Warranty Deed recorded in Johnson County Recorder's office, Book 395, Page 317; thence S 89028111" E 450.00 feet along said Southerly line to a point; thence S 2051110" W 400.23 feet to a point; thence S 44008'19" W 602.30 feet to the point of beginning; and containing 6.1.4 acres more or less. Parcel 2: Commencing as a point of reference at the West quarter corner of Section 18, Township 79 North, Range 5 West of the Fifth Principal Meridian, Johnson County, Iowa; thence South 880 39' 59" East 50.03 feet along the Southerly line of the Northwest fractional one quarter of Section 18 to a point (this is an annumed bearing for purposes of this description only); thence. North 0° 43' 39" West 400.00 feet to the point of beginning of the tract herein described; thence continuing North 00 43' 39" West 110.00 feet to a point; thence South 880 39' 59" East 803.97 feet to a point; thence North 0° 43' 39" West 756.03 feet to a point; thence North 21° 01' 45" East 209.73 feet to a point; thence North 51° 13' 26" East 690.75 feet to a point of intersection with the Southerly line of property described in Warranty Deed recorded in the Johnson County Recorder's office, Book 395, Page 317; thence South 890 28' 11" East 80.51 feet along said Southerlv line to a point; thence South 361 20' 14" West 120.67 feet to a point; thence South 480 19' 42" West 228.66 feet to a point; thence South 340 39' 04" West 235.70 feet to a point; thence South 70 33' 28" East 114.71 feet to a point; thence South 470 50' 07" West 114.17 feet to a point; thonce South 330 43' 42" West 179.71 feet to a point; thence South 16° 49' 09" East 1.86.22 feet- to a point; thence S 340 21' 44" East 194.21 feet to a Mint:; Uience South 381 41' 49" East 237.80 feet to a point; thence Smith 76" 29' 13" West 147.89 feet to a point; thence North 88° 20' 52" West- 155.77 feet to a point; thence South 130 13' 32" East 222.02 feet to a point; thence North 820 46' 48" West 213.16 feet to a print; thence North 850 02' 31" West 196.97 feet to a point; thence North 83° 56' 46" West 195.82 feet to a point; thence North 70° 17' 33" WesL 14.76 foot to a print; thence North 881 39' 59" West 308.71 feet to the point of beginning; and containing 10.08 acres more or less. EXHIBIT "A" 3 7J' EXHIBIT "A" m Parcel 3: Beginning at the East quarter corner of. Section 13, 7bZ-Tn ipupup 79 North, Range 6 West of the Pifth Principal Meridian, Johnson County, Iowa; thence N 0°43139" W 1106.00 feet along the Easterly line of the Northeast quarter of said Section 13 to a point of intersection with the Southerly right-of-way line of the abandoned Burlington, Cedar Rapids, and Northern Railroad right-of-way as shown on a plat prepared by A.H. Holt dated December, 1921 recorded in the Johnson County Recorder's office, Plat Book 2, Page 64 (this is an assumed bearing for the purposes of this description); thence N 86059126" W 201.24 feet along said Southerly right-of-way line as shout on said plat to a point; thence S 17°20'03" W 157.85 feet to a point; thence S 26°51143" E 453.50 feet to a point; thence S 0° 43'39" E 562.70 feet to a point of intersection with the center line of the public highway as shown on said plat; thence N 88022121" E 50.01 feet along said center line of public highway to the point of beginning; and containing 2.79 acres more or less. EXHIBIT "A" P. n`` . 0 37lop" RESOLUTION NO. 80-229 A RESOLUTION AUTHORIZING THE EXECUTION OF THE URBAN MASS TRANSPORTATION CAPITAL GRANT CONTRACT WHEREAS, the United States of America by and through the Urban Mass Transportation Administration, Department of Transportation, is offering financial assistance to local public authorities in the form of a capital grant under the Urban Mass Transportation Act of 1964, as amended, to provide for the undertaking of an urban mass transportation capital improvement project, and WHEREAS, the City Council of the City of Iowa City deems it in the public interest to accept the United States government's offer and the terms and conditions of said offer as set forth in the contract attached to this Resolution and by this reference made a part hereof. BE IT NOW RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the Mayor be authorized to execute and the City Clerk be directed to certify the attached contract. It was moved by Perret and seconded by Neuhauser the Resolution 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 17th day of June 1980. A`YOR ATTEST: >,& CITY CLERK D Recaived $ Approved By The Legal D^part:nant 077 .L-� JAZZ - UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION URBAN MASS TRANSPORTATION ADMINISTRATION GRANT 49 U.S.C. § 1602 (SECTION 3) PART I THIS GRANT, effective on the date specified in the Notification of Grant Approval is entered into by and between the United States of America ("Government") and the Grantee named in the Notification of Grant Approval. In consideration of the mutual covenants, promises, and representations herein, the parties hereto agree as follows: Sec. 1. Purpose of Grant - The purpose of this Grant is to provide for the undertaking of an urban mass transpor- tation capital improvement project ("Project") with Government financial assistance to the Grantee in the form of a capital grant ("Grant"), under Section 3 of the Urban Mass Transpor- tation Act of 1964, as amended, ("Act"), and to state the terms and conditions upon which such assistance will be provided and the manner in which the Project will be undertaken and completed and the Project facilities/equipment used. Sec. 2. The Project - The Grantee agrees to undertake and complete the Project, and to provide for the use of the Project facilities/equipment, substantially as described in its Application, incorporated herein by reference, filed with and approved by the Government, and in accordance with the terms and conditions of this Grant. The "Project Description" on the Notification of Grant Approval describes the Project to be funded under this Grant. Sec. 3. The Grant - In order to assist the Grantee in financing that portion of the total cost of the Project which the Department of Transportation (DOT) has determined cannot reasonably be financed from revenues of the public transportation system in which the Project facilities/ equipment are to be used ("Net Project Cost"), such Net Project Cost being estimated to be that amount stated in the Notification of Grant Approval, the Government will make a Grant in an amount equal to eighty percent (80%) of the Form UMTA F 2000 Rev. 8/31/7S" Page 1 3 %J" actual Net Project Cost, as determined by DOT upon completion of the Project, or in the amount designated as Maximum Federal Share in the Notification of Grant Approval, whichever is the lesser. However, if this Grant is an Amendment to a prior Grant and if the Government's share was limited to 66 2/3% under that Grant, then that limit shall continue to apply in calculating the Government's share of the Net Project Cost as approved on the date of the original Grant and the date of any Amendment subject to such 66 2/3% limit. The obligation of the Government to make Federal Grant payments in any fiscal year shall not exeed the amount provided in the Project Budget for the fiscal year in which requisitions therefor are submitted or drawdowns under letter of credit are made. The Grantee agrees that it will provide from sources other than (a) Federal funds (except as may otherwise be authorized by federal statute), (b) receipts from the use of the Project facilities/equipment, or (c) revenues of the public transportation system in which such facilities/equip- ment are used, funds in an amount sufficient, together with the Grant, to assure payment of the actual Project Cost. The Grantee further agrees that no refund or reduction of the amount so provided will be made at any time, unless there is at the same time a refund to the Government of a proportional amount of the Grant. Sec. 4. Use of Pro ect Facilities/E u ment The Grantee agrees that the Project facilzities equipment shall be used for the provision of mass transportation service within its urban area substantially as described in the Project Description for a period of 10 years or such lesser period as the Government may approve from the date of purchase of buses and of items of equipment costing less than $50,000 and for a period of 20 years or such lesser period as the Government may approve from the date of construction or installation of facilities or items of equipment costing $50,000 or more. If, during the period, any Project facilities/ equipment are not used in mass transportation service, whether by planned withdrawal or casualty loss, the Grantee shall immediately notify the Government and shall remit to the Government a proportional amount of the fair market value, if any, of the property,, which shall be determined on the basis of the ratio of the Grant made by the Government to the actual cost of the Project. Fair market value shall be deemed to be the value of the property as determined by competent appraisal at the time of such withdrawal from use or misuse, or the net proceeds from public sale, whichever is approved by UMTA. In the event of loss due to casualty or fire, the damages paid by the insurance carrier or payable from the self-insured reserve account shall be considered fair market value. In no event is salvage value to be considered fair market value. Page should be executed by the Grantee within sixty (60) days of such date. The Government may withdraw its obligation hereunder if the Grant is not executed within the above sixty-day period. The effective date of the Grant shall be the date of Notification of Grant Approval. The Grantee does hereby ratify and adopt all statements. representations, warranties, convenants, and materials submitted by it, and does hereby accept the Government's award of financial assistance and agrees to all of the terms and conditions of this Grant. Executed this /6/17//1 day of 19FD ATTEST: (26L at ' D ��BY` r� V �✓ - !- .«�� ��;,C L• K City el� T,„,,Cf wl� I)r-CiryCary TI LE AND ORGANIZATION TITLE AND ORGAMZATION Certificate of Grantee's Attorne ,/, acting as Attorney for the Grantee, do hereb certify that I have examined this Grant and the proceedings taken by the Grantee relating thereto, and Mind that the execution of the Grant by the Grantee has been duly authorized by the Grantee's action dated Q,,_,,,_01a copy of which has been submitted to UMTA) andA/is in all respects due and proper and in accordance with applicable State and local law and further that, in my opinion, said Grant constitutes a legal and binding obligation of the Grantee in accordance with the terms thereof. I further certify that to the best of my knowledge there is no legislation or litigation pending or threatened which might affect the performance of the Project in accordance with the terms of his Grant. Dated this day of ��� , 19 PI1 NATURE (/ /I TITLE AND ORGAN14ATiON Page 4 377 The Grantee shall keep satisfactory records with regard to the use of the property and submit to the Government upon request such information as is required in order to assure compliance with this Section and shall immediately notify UMTA in all cases where Project facilities/equipment are used in a manner substantially different from that described in the Project Description. The Grantee shall maintain in amount and form satisfactory to the Government such insurance or self-insurance as will be adequate to protect Project facilities/equipment throughout the period of required use. The cost of such insurance shall not be an item of allowable cost. The Grantee shall also submit to the Govern- ment at the beginning of each calendar year during such period, a certification that the Project facilities/equipment are still being used in accordance with the terms of this Section and that no part of the local contribution to the cost of the Project has been refunded or reduced. Sec. 5. Labor Protection - The Grantee agrees to undertake, carry out, and complete the Project under the terms and conditions determined by the Secretary of Labor to be fair and equitable to protect the interests of employees affected by the Project and meeting the requirements of Section 13(c) of the Act, 49 U.S.C. § 1609(c), and Department of Labor regulations at 29 C.F.R. Part 215. These terms and conditions are identified in the letter of certification to the Government from the Department of Labor on the date set forth in the Notification of Grant Approval, which letter and any documents cited in that letter are incorporated into this Grant by reference. The Grant is subject to the conditions stated in the Department of Labor letter. Sec. 6. The Grant - This Grant consists of the Notifi- cation of Grant Approval; this Part I, Form UMTA F 2000, Rev. 8/31/79, entitled Grant; and Part II, Form UMTA F 5D, Rev. 8/31/79, entitled Urban Mass Transportation Agreement, Terms and Conditions. Should the grant award letter include special conditions for this Project, that letter is incorporated herein by reference and made part of this Grant. The approved Project Budget is incorporated herein by reference and made part of this Grant. Amendments to any of these documents shall require a formal amendment to this Grant, except that reallocations of funds among budget items or fiscal years which do not increase the total amount of the Federal grant shall only require prior authorization from UMTA and the issuance of a New Project Budget. Sec. 7. Execution of Grant - This Grant may be simul- taneously executed in several counterparts, each of which shall be deemed to be an original having identical legal effect. When dated and signed by the Government, this Grant Page 3 r Form LWA F 5D Rev. 8/31/79 UNITED STATES OF A?ERIC •OP•171 • a •••• • 'a{•. WASHINGiCP7, D.C. 20590 PARD II iY715u 3 ♦I• N'U• YY •1 � £or Projects under Section 3, 5, 6, or 8, of the Urban Mass Transportation Act of 1964 as ane-nded 49 U.S.C. 5 1601 et seg., for Mass Transportation Projects under the Federal -Aid Highway Act of 1973, as amended, 23 U.S.C. § 103 et seq., or for Section 175 of the Clean Air Act AirnsaTtents of 1977, 42 U.S.C. 5 7505. c '±fi KJtF" t F a y's'S� c'a _�C.W�,S'sl�s'JF✓Jr s,F W.(aN-e�.v.. ..� Section 101. Definitions...........................................1 Section 102. Accomplishment of the Project .........................2 (f) '(a) General Requirements .............................2 Congress........................................10 (b) Pursuant to Federal, State and Local Law ......... 2 (a) (c) Funds of the Recipient ...........................2 (b) Specifications...................................13 (d) Submission of Proceedings, Contracts, and Other Notice...........................................20 (d) Documents........................................3 (e) (e) Changed Conditions Affecting Perfon=oe......... 3 Contract Security................................28 (f) No Goverrmr_nt Obligations to Third Parties ....... 3 28 (g) Land Acquisition Policy ..........................3 Section 103. The Project Budget....................................3 (j) Section 104, Accounting Records....................................3 (k) Actual Work by Contractor ........................29 (a) Project Accounts.................................3 Force Amount....................................29 (b) Funds Received or Made Available for the Project.........................................3 (c) Allowable Costs..................................4 (d) Documentation of Project Costs...................4 (e) Checks, Orders and Vouchers......................4 (f) Audit and Inspection .............................5 Section 105. Requisitions and Payments .............................5 (a) Request for Payment by the Recipient.............5 (b) Paynent by the Government ........................5 (c) Disallowed Costs.................................6 (d) Letter of Credit ..... ..........................6 Section 106. Right of Government to Terminate ................. ....7 Section 107. Project Completion, Settlement and Close -Out .......... 7 Section 108. Contracts of the Recipient ............................7 Section 109. Restrictions, Prohibitions, Controls, and Labor Provisions..........................................8 (a) Equal Employment Opportunity .. ................8 (b) Small, Minority and Women's Business Enterprise .... .............. ..................8 (c) Title VI - Civil Rights Act of 1964 ..............9 (d) Competitive Bidding ..............................9 (e) Ethics...........................................9 (f) Interest of Menbers of or Delegates to Congress........................................10 Section 110. Construction Contracts................................10 (a) Nondiscrimination................................10 (b) Specifications...................................13 (c) Notice...........................................20 (d) Labor Provisions.................................21 (e) Changes in Construction Contracts................28 (f) Contract Security................................28 (g) Insurance During Construction .................... 28 (h) Signs............................................28 (i) Liquidated Damages Provision.....................29 (j) Provisions of Construction Contracts.............29 (k) Actual Work by Contractor ........................29 (1) Force Amount....................................29 (m) Safety Standards.................................29 IV Section 111. Envi*mrenfal, Resource, and Energy Protection and Conservation Req,irerents ............................29 (a) Compliance with Environmental Stand.a.r. a,,,......:29 (b) Air Pollution....................................30 (c) Use of Public Lands..............................30 (d) Historic Preservation ............................30 (e) Energy Conservation ............................ .30 Section 112. Patent Rights.........................................30 Section 113. Rights in Data........................................33 Section 114. Cargo Preference - Use of United States -Flag Vessels..............................................34 Section 115. Buy Anezica...........................................35 Section 116. Charter and School Bus operations ..................... 36 (a) Charter Bus......................................36 ii. (b) School Bus.......................................36 Section 117. Caupliance with Elderly and Handicapped Regulations..........................................36 Section 118. Flood Hazards.........................................36 Section 119. Privacy ............................................... 3 Section 120. Miscellaneous.........................................38 (a) Bonus or Caimission..............................38 (b) State and Te=itorial law........................38 (c) Records..........................................39 (d) Severability.....................................39 ii. ffii 11 I• 145114 YY• • • • 11 •' } !•�71DVI71U PART II — TERNS AND COMITIONS Constituting part of the AGFMIE 7T providing for federal financial assistance under the provisions of the Urban Mass Transportation Act of 1964, as amended, and/or the Federal -Aid Highway Act of 1973. Section 101. Definitions. As used in this Agreement: "Application" means the signed and dated proposal as may be amended for federal financial assistance for the Project, together with all explanatory, supporting, and supplementary docanents heretofore filed with LMM by or on behalf of the Recipient, which has been accepted and approved by LP'LCA. "Approval, Authorization, Concurrence, Waiver" means a conscious, written act by an authorized official of the Ckwernmlent granting permission to the Recipient to perform or omit an act pursuant to this Agreement which could not be performed or omitted without such permission. An approval, authorization, concurrence, or waiver permitting the performance or anission of a specific act shall not constitute permission to perform or omit similar acts unless such broad permission is clearly stated. Oral permission or interpreta- tions shall have no legal force or effect. "External Operating Manual" means the most recent UMPP. manual of that title, which presents information about the 01MA programs, application processing procedures, and guidance for administering approved projects; There are also UKM and DOT directives applicable to the Project. "Government" means the United States of America, or its cognizant Agency, the Department of Transportation (DOT) or its Agency, the Urban Mass Transportation Administration (UMTA) used hereafter interchangeably. "Mass Transportation" includes public transportation and means transportation by bus, rail or other conveyance, either publicly or privately owned, which provides to the public general or special transportation service (but not including school buses, charter or sightseeing service) to the public on a regular and continuing basis. W «spp s 4 >x tt tl"�S WeR A kWrttl rJN est eE%� ±i i�k,. -:n.t ti-!aM�rt yv�-•.. t't�4 A7?"� �ur:....`�-.�. ;-�.'L:Jn a'�--_?S' ...._J, X31 t;.:_:�+,i _ :i::: �.i::��.:�:•:.:.. >:ti:�llitt� "Project" means the task or set of tasks provided for in the Project budget which the Recipient undertakes to perform pursuant to the Agreement with UMPA. . "Project Budget" means the most recently dated statement, approved by [ABPA, of the estimated total cost of the Project, the items to be deducted frau such total in order to calculate the estimated net project cost, the maximum amount of the federal grant for which the Recipient is currently eligible, the specific items (including contingencies and relocation) for which the total may be spent, the estimated cost of each of such items, and the maximum amount of federal funds which may be disbursed in any fiscal year. "Recipient" means any entity that receives federal financial assistance from U4M for the acccniplishment of the Project. The term "Recipient" includes any entity to which federal funds have been passed through for the acoanplishment of the Project. "Secretary" means Secretary of the Department of Transportation or his duly authorized designee. Section 102. Acconplishment of the Project. (a) General Requirements. The Recipient shall camience, carry on, and complete the Project with all practicable dispatch, in a sound, economical, and efficient manner, and in accordance with the provisions hereof, the Application, and all applicable laws and regulations. (b) Pursuant to Federal, State, and Local law. In performance of its obligations pursuant to this Agreement, the Recipient and its con- tractors shall camply with all applicable provisions of Federal, state, and local law. All limits or standards set forth in this Agreement to be observed in the performance of the Project are minimum requirements, and shall not affect the application of more restrictive State or local standards for the performance of the Project; provided, however, in its procurement actions pursuant to the Project, the Recipient shall not give any preference to or discriminate against goods and services produced or manufactured in any country, State, or other geographical area except as provided in Section 115 below. The Recipient agrees further that notwithstanding the requireuents in Section 115, no Federal funds shall be used to support procurements utilizing exclusionary or discriminatory specifications, nor shall federal funds be used for the payment of ordinary governmental or nonproject operating expenses. (c) Funds of theRecipient. The Recipient shall initiate and prosecute to campletici aIlproceeiings necessary to enable the Recipient to provide its share of the Project costs at or prior to the time that such funds are needo3 to meet Project costs. 04 't.Aj4M1. 1V .� "i' u�:.:Si.._...a...w....ia:..t�Y.`.rav�4w.1W�w1. I• `=L (d) Submission ofProccedin s, Contract and Other Documents. the Recipient t to the Government such data, reports, records, contracts and other documents relating to the Preiect as the Covernrnent may require. 'The Recipient shall retain intact, for three years following Project closet, all Project documents, financial records, and supporting documents. (e) Changed Coalitions Affecting Performance. The Recipient shall ately notify LIVIA of any change in motions or local law, or of any other event, which may significantly affect its ability to perform the Project in accordance with the provisions of this Agreement. (f) No Goverment Obligations to Third Parties. The Government shall not be subject to any obligations or liabilities by contractors of the recipient or their subcontractors or any other person not a party to this Aareenent in connection with the performance of this Project without its specific consent and notwithstanding its concurrence in or approval of the award of any contract or sub- contract or the solicitation thereof. (g) Ienxd Acquisition Policy. Any acquisition of land for use in connection wit�u the Project mast conform to the policies and procedures set forth in 49 C.F.R. Part 25 and applicable Circulars. Section 103. The Project Budget. A Project Budget shall be prepared and maintained by the Rcea.pient. The Recipient shall carry out the Project and shall incur obligations against and make disbursements of Project Funds only in conformity with the latest approved budget for the Project. Section 104.. Accounting Records. (a) Project Accounts. The Recipient shall establish and maintain as a separate set of accounts, or within the franework of an established accounting system, accounts for the Project in the manner consistent with office of Management and Budget (OMB) Circular A-102, as amended, or A-110, as may be appropriate. (b) Funds Received or Made Available for the Project. In accordance with the provisions—PCMB Circular A-10 , as amen, or A-110, as may be appropriate, the Recipient shall record in the Project Account, and deposit in a bank or trust many which is a nember of the Federal Deposit Insurance Corporation, all Project payments received by it from the Goverraent pursuant to this Agreement and all other funds provided for, accruing to, or otherwise received on account of the Project, ("Project Funds"). Any balances exceeding the FDIC coverage must be collaterally secured as provided in 12 U.S.C. § 265 and inplemsnting regulations or in applicable iMM procedures. A separate bank account may be required when drawdowns are made by letter of credit. 3 3 ,f.3 (c) Allowable Costs. Expenditures made by the Recipient shall be reim- bursable as allowable costs to the extent they meet all of the requirerents set forth below. They must; (1) be made in conformance with the Project Description and the Project Budget and all other provisions of this Agreement; (2) be necessary in order to acomplish the Project; (3) be reasonable in amount for the goods or services purchased; (4) be actual net costs to the Recipient (i.e., the price paid minus any refunds, rebates, or other items of value received by the Recipient that have the effect of reducing the cost actually incurred;) (5) be incurred (and be for work performed) after the date of this Agreamnt, unless specific authorization from UMII'A to the contrary is received; (6) be in conformance with the standards for allowability of costs set forth in Federal Management Circular (FMC) 74-4 arra with any guidelines or regulations issued by UMrA; in the case of Projects with educational institutions, the standards for allowability of cost.set forth in office of Management and Budget (OMB) Circular A-21 Revised, rather than the standards of FMC 74-4, shall apply; (7) be satisfactorily docimiented; and (8) be treated uniformly and consistently under accounting principles arra procedures approved or prescribed by LMA for the Recipient; and those approved or prescribed by the Recipient for its contractors. (d) Doc orientation of Project Costs. All costs charged to the Project, including any approvedservices contributed by the Recipient or others, shall be supported by properly executed payrolls, time records, invoices, contracts, or vouchers evidencing in detail the nature and propriety of the charges. (e) Checks, orders, and Vouchers. Any check or order drawn by the Recipient with respect to any item that is or will be chargeable against the Project Account will be drawn only in accordance with a properly signed voucher then on file in the office of the Recipient stating in proper detail the purpose for which such check or order is drawn. All checks, payrolls, invoices, contracts, vouchers, orders, or other accounting docismnts pertaining in whole or in part to the Project shall be clearly identified, readily accessible, and, to the extent feasible, kept separate and apart from all other such doctiarents. 4 (f) Audit and I ction. The Recipient shall F t, and shall require .its tractors to permit, the Secret and the Comptroller General of the United States, or any of their duly authorized respresentatives to inspect all work, materials, payrolls, and other data and records with regard to the Project, and to audit the books, records, and accounts of the Recipient and its contractors with regard to the Project. The Recipient is responsible for auditing third party contracts and. agreanents . UM also may require the Recipient to furnish at any time prior to closeout of the Project, audit reports prepared in accordance with generally accepted accounting principles. In the case of Section 5 operating projects, subsequent to the close of the local fiscal year for which operating assistance is sought, the Recipient shall furnish a final audit report prepared by a Stats or local government independent audit agency or an independent public accountant which shall include as a minimum. a Statement of Revenue and Expense, a Statement of Changes in Financial Position, and a Maintenance of Effort Calculation of the mass transportation operator for the assisted local fiscal year. Section 105. Requisitions and Payments. (a) Requestsfor Payrrent by the Recraipient. The Recipient may make requests for payment of e federal share of allowable costs, and UWA will honor such requests in the manner set forth in this section. Payments made to Recipients must canply with 31 C.F.R. Part 205. Recipients shall follow the procedures set forth in LMCA Circular 9050.1. In order to receive federal assistance payments, the Recipient must: (1) ocupletely execute arra submit to UMM the information required by Standard Form 270; (2) sub;nit to UMM an explanation of the purposes for which costs have been incur. -red to date or are reasonably expected to be incurred within the requisition period (Trot more than 30 days after the date of submission); (3) demnstrate or certify that it has supplied local funds adequate, when combined with the federal payments, to cover all costs to be incurred to the end of the requisition period; (9) have submitted to UIM all financial and progress reports required to date under this AgreeTent; and (5) identify the source(s) of financial assistance provided under this Project frau which the payment is to be derived. (b) Payment bey the Government. Upon receipt of the requisition and the ac�nlxvey>rxg information in satisfactory form, the Goverment will process the requisition if the Recipient is complying with its obligations pursuant to the Agreement, has satisfied UMCA of its need for the federal funds requested during the requisition period, and is making adequate progress towards the timely ompletion of the Project. If all of these circumstances are found to exist, 5 3 op� "�.t,-`. i� \ 1 .ATS � ��� t 1 ;• i to the Goverrmient will reirtxirse apparent allowable oosts incurred (or to be incurred during the requisition. period) by the Recipient up to the maxim= amount of the federal assistance payable through the fiscal year in which the requisition is sutmitted as stated in the Project Budget. However, reimbursement of any cost pursuant to this section shall not constitute a final determination by the Government of the allowability of such cost and shall not constitute a waiver of any violation of the terms of this Agreement committed by the Recipient. Ube Government will make a final determination as to allowability only after final audit of the Project has been conducted. In the event that UMPA determines that the Recipient is not currently eligible to receive any or all of the federal funds requested, it shall prarmtly notify the Recipient stating the reasons for such determination. i.) Disallowed Costs. In determining the amount of the federal assistance, LMCA will exclude all Project costs incurred by the Recipient prior to the date of this Agreement, or prior to the date of the approved budget for the Project, whichever is earlier unless an authorized representative of UM1'A advises in writing to the contrary; any costs incurred by the Recipient which are not provided for in the latest approved budget for the Project; and any costs attributable to goods or services received under a contract or other arrangement which has not been concurred in or approved in writing by U4IA. Exceptions to the above statement on disallowed costs are contained in the External Operating Manual or in written guidance from LMCA. (d) letter of Credit. Should a letter of credit be issued to the Recipient, the following terms and conditions in conformance with 31 C.F.R. Part 205, are applicable: (1) the Recipient shall initiate cash drawdowns only when actually needed for Project disbursements. (2) the Recipient shall report its cash disbursements and balances in a timely manner as rewired by the Government. (3) the Recipient shall provide for effective control and accountability for all Project funds in accordance with require- nents arra procedures issued by the Government for use of the letter of credit. (4) the Recipient shall impose on its subrecipients all the requirements of section 105(d) (1) (2) and (3) above as applicable. (5) should the Recipient fail to adhere to the requirements of Section 105(d) (1) (2) (3) and (4) above, the Government may revoke the unobligated portion of the letter of credit. 11 _. ...... ... _ _ _ ..a. (6) Sections 105 (a) (b) and (c) above remain effective to the extent that they do not conflict with the provisions of section 105(d): Section 106. Right of Government to Terminate. Upon written notice to the Recipient, the Government reserves the right to suspend or terminate all or part of the financial assistance provided herein if the recipient is, or has been, in violation of the terms of this Agreement or if UATA determines that the purposes of the Act would not be adequately served „a by continuation of federal financial assistance for the Project. Any failure to make progress or other violation of the Agreement which significantly endangers substantial perforneance of the Project within a reasonable time shall be deemed to be a violation of the terms of this Agreement. Termination of any part of the financial assistance will not invalidate obligations properly incurred by the Recipient and concurred in by LPATA prior to the date of termination, to the extent they are noncancellable. The acceptance of a remittance by the Government of any or all Project Funds previously received by the recipient or 4 the closing out of federal financial participation in the Project shall not constitute a naives of any claim which the Government may otherwise have'arising out of this Agreement. Section 107. Project Completion, Settlement and Close-out. Upon successful completion of the Project or upon termination by LMCA, the Recipient shall, within 90 days of the completion date of the Project, submit a final Financial Status R --port (Standard Foran 269), a certification or summary of Project expenses, and third party audit reports, when applicable. Upon receipt of this information, IMM or an agency designated by WrA will perform a final audit of the Project to determine the allowability of costs incurred, and will make settlement of the federal grant described in Part I of this Agreement. If LMPA has made payments to the recipient in excess of the total amount of such federal grant, the Recipient shall promptly remit such excess to LAPPA. Project close-out occurs when L141A notifies the Recipient and for raids the final grant payment or when an appropriate refund of federal grant funds has been received from the Recipient and acknowledged by UMPA. Closeout shall not invalidate any continuing obligations imposed on the Recipient by this Agreement or contained in the final notification or acknowledgement from [MPA. Section 108. Contracts of the Re-ci ient. The Recipient shall not execute any lease, pledge, mortgage, leen, oro er contract touching or affecting Project facilities or equipment, nor shall it obligate itself in any other manner, with any third party with respect to the Project, unless such lease, pledge, mortgage, lien, contract, or other obligation is expressly authorized in writing by DOT; nor shall the Recipient, by any act or omission of any kind, impair its continuing control over the use of Project facilities or equipment during the useful life thereof as determined by DOT. 7 3 9S Section 109. Restrictions, Prohibitions, Controls, and Iabor Provisions. (a) Bcjual Employment Opportunity. In connection with the carrying out of the Project, the Recipient shall not discriminate against any employee or applicant for employment because of race, color, age, creed, sex, or national origin. The Recipient shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, age,or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other formas of compensation; and selection for training, including apprenticeship. The Recipient shall insert the foregoing provision (modified only to show the particular contractual relationship) in all of its contracts in connection with the development or operation of the Project, except contracts for standard commercial supplies or raw materials and construction contracts subject to the provisions of Section 110 (a) of this Agreement, and shall require all such contractors to insert a similar provision in all subcontracts, except subcontracts for standard commerical supplies or raw materials. If, as a condition of assistance, the Recipient has submitted, and the Government has approved, an equal employment opportunity program that the Recipient agrees to carry out, such program is incorporated into this Agreement by reference. Such program shall be treated as a contractual obligation; and failure to carry out the terms of that equal employment opportunity program shall be treated as a violation of this Agreement. Upon notification to the Recipient of its failure to carry out the approved program, the Government will impose such remedies as it may dean appropriate, which remedies may include termination of the Agreement as provided in Section 106 of this Agreenent or other measures that may affect the ability of the Recipient to obtain future financial assistance under the Urban Mass Transportation Act of 1964, as amended, or the Federal -Airs Highway Act of 1973, as amended. (b) Small, Minority and Warren's Business Enterprise. In connection with the performance of this Agreement the Recipient will provide for full and fair utilization of small, minority and warren's business enterprises and will use its best efforts to ensure that small, minority and vumen's business enterprises shall have an equitable opportamnity to compete for contract and subcontract work under this Agreement. If, as a condition of assistance, the Recipient has su}mitted, and the GoverTmment has approved, a small, minority or women's business enterprise affirmative action program that the Recipient agrees to carry out, such program is incorporated into this Agreement by reference. Such program 8 i shall be treated as a contractual obligation and failure to carry out the terns of these approved small, minority, or women's business enterprise action programs shall be treated as a violation of this Agreement. Upon notification to the Recipient of its failure to carry out the approved program, the Government will impose such remedies as it may deem appropriate, which remedies may include termination of the Agreement as provided by Section 106 of this Agreement or other measures that may affect the ability of the Recipient to obtain future financial assistance under the Urban Mass Transportation Act of 1964, as amended, or the Federal -Aid Highway Act of 1973, as amended. (c) Title VI Civil Rights Act of 1964. The Recipient will comply and will assure the compliance by contractors and subcontractors under this Project with all the requirements imposed by Title VI of the Civil Rights Act of 1964 (49 U.S.C. S 2000d), the Regulations of DOT issued thereunder, 49 C.F.R. Part 21 and the Assurance by the Recipient pursuant thereto. (d) competition in Procurement. The Recipient shall comply with the Procurement Standards requirements set forth in Attachment 0 of 0X43 Circular A-102, as amended, or A-110, as may be appropriate; and with any supplementary guidelines or regulations as may be promulgated by the Government. (e) Ethics. The Recipient shall maintain a written code or standards of conduct which shall govern the performance of its officiers, employees or agents engaged in the award and administration of contracts supported by Federal funds. Such code shall provide that no employee, officer or agent of the Recipient shall participate in the selection, or in the award or administration of a contract supported by federal funds if a conflict of interest, real or apparent, would be involved. Such a conflict would arise when any of the parties set forth below has a financial or other interest in the firm selected for award: 0 3'?6 1. the employee, officer or agent; 2. any member of his iimediate family; 3. his or her partner; or 4. an organization which Employs, or is about to enploy, any of the above. The code shall also provide that the Recipient's officers, employees or agents shall neither solicit nor accept gratuities, favors or anything of monetary value from contractors, potential contractors., or parties to subagreEnents. The Recipient may set minimum rules where the financial interest is not substantial or the gift is an unsolicited item of nrminal intrinsio value. To the extent permitted by State or local law or regulations, such standards of conduct shall provide for penalties, sanctions, or other disciplinary actions for violations of such standards by the Recipient's officers, employees, or agents, or by contractors or their agents. (f) Interest of Members of or Delegates to Congress. No member of or delegate to the Congress of the United States shall be admitted to any share or part of this agreement or to any benefit arising therefrom. Section 110. Construction Contracts. (a) Nondiscrimination. The Recipient hereby agrees that it will incorporate or cause to be incorporated into any contract for construction work, or modification thereof, as defined in the Regulations of the Secretary of Labor at 41 C.F.R. Chapter 60, which is paid for in whole or in part with funds obtained from the Federal Crnvern meet or borrowed on the credit of the Federal Government pursuant to a grant, contract, loan, insurance, or guarantee, or undertaken pursuant to any federal program involving such grant, contract, loan, insurance, or guarantee, the following equal opportunity clause: 10 k '�R.... t . -.Y...e _ .4.a..R_..n.Se_...e.... 1 J.7r+•4-7p.. a..l .. � During the performance of this contract, the contractor agrees as follows: (1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, I ncluding apprenticeship. The contractor agrees to post in consi�icuous places, available to empZoyees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (2) The contractor will, in all solicitations or advertise- wents Por employees placed by or on behalf of the contractor, strtc that all qualified applicants will receive consideration ,or employment without regard to race, color, religion, sex, or rational origin. (3) The contractor will send to each labor union or repre- sentative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (4) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, as amended, and of the rules, regulations, and relevant orders of the Secretary of labor. (5) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, as amended, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (6) In the event of the contractor's noncompliance with the non-discrimination clauses of this Agreement or with any of the said rules, regulations or orders, this Agreement may be 11 K cancelled, terminated, or suspended in whole or in part and the contractor may. be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, as amended, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, as amended, or by rule, regulation, or order of the Secretary of labor, or as otherwise provided by law. OR (7) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, as amended, so that such provisions shall be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance; Provided, however, That in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States. TYue Recipient further agrees that it will be bound by the above equal opportunity clause with respect to its own enplorment practices when it participates in federally assisted construction work; Provided That if the Recipient so participating is a State or local goverrment, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such govenmient which does not participate in work on or under the Agree ent. The Recipient agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors arra subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they toy require for the supervision of such oa plianee, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing ornpliaroe. The Recipient further agrees that it will refrain from entering into any contract or contract modification subject to Executive Omer 11246 of Septed:)er 24, 1965, as aTe.,ded, with any 12 contractor debarred from, or who has not demonstrated eligibility for Goverrurent contracts and federally assisted construction contracts pursuant to the' Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the Recipient agrees that if it im- fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: Cancel, terminate, 11 or suspend in whole or in part this Agreement (grant, contract, loan, w' insurance, guarantee); refrain from extending any further assistance to the Recipient under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such Recipient; and refer the case to the Department of Justice for appropriate legal proceedings. (b) Specifications. Recipient hereby agrees that it will incorporate or cause to be incorporated the specifications set forth below in all federal and federally assisted contruction contracts, or modifi- cations thereof, in excess of $10,000 to be performed in geographical areas designated by the Director, Office of Federal Contract Compliance Programs of the Department of Labor pursuant to the Regulations of the Secretary of Labor at 41 C.F.R. Section 60-4.6 and in construction subcontracts in excess of $10,000 necessary in whole or in part to the performance of nonconstruction federal contracts and subcontracts covered under Executive order 11246: STANDARD FEDERAL EQUAL EMPLOYMENT OPPORTUNITY CONSTRUCTION CONTRACT SPECIFICATIONS (Executive Order 11246): 1. As used in these specifications: a. "Covered area" means the geographical area described in the solicitation from which this contract resulted; b. "Director" means Director, Office of Federal Contract Compliance Programs, United States Department of Labor, or any person to whom the Director delegates authority; C. "Employer identification number" means the Federal Social Security number used on the Employer's Quarterly Federal Tax Return, U.S. Treasury Depart- ment Form 941. 13 3LfFl K. '}DS� t�'v♦{ t�'i£u`E n..ty,'r..am`'*�R ri 2 C 'M^ E Yr.. s•r.+:`. -� t :L! ' e ' t sir: zl < < r-. .> t4. Si tt� e f s. '�Y'�Y. , -r Yti a d. "Minority" includes: (i) Black (all persons having origins in any of the Black African racial groups not of Hispanic origin); (ii) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South American or other Spanish Culture or origin, regardless of race); (iii) Asian and Pacific Islander (all persons having origins in any of the original people of the Far East, Southeast Asia, the Indian Subcontinent, or the Pacific Islands); and (iv) American Indian or Alaskan Native (all persons having origins in any of the original people of North America and maintaining identifiable tribal affiliations through membership and participation or community identification). 2. Whenever the contractor, or any subcontractor at any tier, subcontracts a portion of the work involving any con- struction trade, it shall physically include in each subcontract in excess of $10,000 the provisions of these specifications and the Notice which contains the applicable goals for minority and female participation and which is set forth in the solicitations from which this contract resulted. 3. If the contractor is participating (pursuant to 41 C.F.R. 60-4.5) in the covered area either individually or through an association, its affirmative action obligations on all work in the Plan area (including goals and timetables) shall be in accordance with that Plan for those trades which have unions participating in the Plan. Contractors must be able to demonstrate their participation in and compliance with the provisions of any such Hometown Plan. Each contractor or subcontractor participating in an approved Plan is individually required to comply with its obligations under the EEO clause, and to make a good faith effort to achieve each goal under the Plan in each trade in which it has employees. The overall good faith performance by other contractors or subcontractors toward a goal in an approved Plan does not excuse any covered contractor's or suboncontractor's failure to take good faith efforts to achieve the Plan goals and timetables. SM.4it Yt " YL a _. 4. The contractor shall implement the specific affirmative action standards provided in paragraphs 7a through p of these specifications. The goals set forth in the solicitation from which this contract resulted are expressed as percentages of the total hours of employment and training of minority ;<,?`s, and female utilization the contractor should reasonably be `" able to achieve in each construction trade in which it has employees in the coverd area. The contractor is expected to make substantially uniform progress toward its goal in each craft during the period specified. 5. Neither the provisions of any collective bargaining agreement, nor the failure by a union with whom the contractor has a collective bargaining agreement, to refer either minorities or women shall excuse the contractor's obligations under these specifications, Executive Order 11246, or the rerulations promulgated pursuant thereto. 6. In order for the nonworking training hours of apprentices and trainees to be counted in meeting the goals, such apprentices and trainees must be employed by the contractor during the training period, and the contractor must have made a commitment to employ the apprentices and trainees at the completion of their training, subject to the availability of employment opportunities. Trainees must be trained pursuant to training programs approved by the U.S. Department of Labor. 7. The contractor shall take specific affirmative actions to ensure equal employment opportunity. The evaluation of the contractor's compliance with these specifications shall be based upon its effort to achieve maximum results from its actions. The contractor shall document these efforts fully, and shall implement affirmative action steps at least as extensive as the following: a. Ensure and maintain a working environment free of harassment, intimidation, and coercion at all sites, and in all facilities at which the contractor's employees are assigned to work. The contractor, where possible, will assign two or more women to each construction project. The contractor shall specifically ensure that all foremen, superintendents, and other on-site supervisory personnel are aware of and carry out the contractor's obligation to maintain such a working environment, with specific attention to minority or female individuals working at such sites or in such facilities. 15 30177 �.. ' ,�.'fi•'�agit:FEE=i?Et'�F'.? � i iF�Ei�....:.; sr; ' �n" � + i-, •_<..:' a "•E�: `.: Ea.,i e- %'.t,�:•; F '!. 1f : 'i fi�'ieI j( $.:.: �::;•�.,t�i�i ii )i4�'•.. „i;a` ::-:f5: �i Y°'•EIR 'FF:(Fi'. b. Establish p& maintain a current list of minority and female recruitment sources, provide written notification to minority and female recruitment sources and to community organizations when the contractor or its unions have employment opportunities available, and maintain a record of the organizations' responses. c. Maintain a current file of the names, addresses and telephone numbers of each minority and female off -the - street applicant and minority or female referral from a union, a recruitment source or community organization and of what action was taken with respect to each such individual. If such individual was sent to the union hiring hall for referral and was not referred back to the contractor by the union or, if referred, not employed by the contractor, this shall be documented in the file with the reason therefor, along with whatever additional actions the contractor may have taken. d. Provide immediate written notification to the Director when the union or unions with which the contractor has a collective bargaining agreement has not referred to the contractor a minority person or woman sent by the contractor, or when the contractor has other information that the union referral process has impeded the contractor's efforts to meet its obligations. e. Develop on -the -site training opportunities and/or participate in training programs for the area which expressly include minorities and women, including upgrading programs and apprenticeship and trainee programs relevant to the contractor's employment needs, especially those programs funded or approved by the Department of Labor. The contractor shall provide notice of these programs to the sources compiled under 7 b above. f. Disseminate the contractor's EEO policy by providing notice of the policy to unions and training programs and requesting their cooperation in assisting the contractor in meeting its EEO obligations; by including it in any policy manual and collective bargaining agreement; by publicizing it in the company newspaper, annual report, etc.; by specific review of the policy with all management personnel and with all minority and female employees at least once a year; and by posting the company EEO policy on bulletin boards accessible to all employees at each location where construction work is performed. 16 tit !h-•Redf3P`iA t .Re �r � e�F:. -3` k ;I g. Review, at least annually, the company's EEO policy and affirmative action obligations under these specifications with all employees having any responsi- bility for hiring, assignment, layoff, termination or other employment decisions including specific review — of these items with onsite supervisory personnel such as Superintendents, General Foreman, etc., prior to the initiation of construction work at any job site. A • written record shall be made and maintained identifying the time and place of these meetings persons attending, subject matter discussed, and disposition of the subject matter. h. Disseminate the contractor's EEO policy externally by including it in any advertising in the news media, specifically including minority and female news media, and providing written notification to and discussing the contractor's EEO policy with other contractors and sub- contractors with whom the contractor does or anticipates doing business. i. Direct its recruitment efforts, both oral and written, to minority, female and community organizations, to schools with minority and female students and to minority and female recruitment and training organizations serving the contractor's recruitment area and employment needs. Not later than one month prior to the date for the acceptance of applications for apprenticeship or other training by any recruitment source, the contractor shall send written notification to organizations such as the above, describing the openings, screening procedures, and tests to be used in the selection process. j. Encourage present minority and female employees to recruit other minority persons and women and, where reasonable, provide after school, summer and vacation employment to minority and female youth both on the site and in other areas of contractor's workforce. .k. VaZidate all tests and other selection require- ments where there is an obligation to do so under 41 C.F.R. Part. 60-3. 1. Conduct, at least annually, an inventory and evaluation at least of all minority and female personnel for promotional opportunities and encourage these employees to seek or to prepare for, through appropriate training, etc., such opportunities. 17 +� gIF�l+k s+" a ns t iMI „,kiR ii max} i�p`er x.ij f i'r' ` yryr MC`1�S.fiS'.�2_.0iL,ll.. N1'R'ff'e ..� }'�i.'t 39d m. EYhsure.that seniority practices, job classifi- cations, work assignments and other personnel practices, do not have a discriminatory effect by continually monitoring all personnel and employment related activities to ensure that the EEO policy and the contractor's obligations under these specifications are being carried out. n. Ensure that all facilities and company activities are nonsegregated except that separate or single -user toilet and necessary changing facilities shall be provided to assure privacy between the sexes. o. Document and maintain a record of all solicita- tions of offers for subcontracts from minority and female construction contractors and suppliers, including circulation of solicitations to minority and female contractor associa- tions and other business associations. p. Conduct a review, at least annually, of all supervisors' adherence to and performance under the contractor's EEO policies and affirmative action obli- gations. 8. Contractors are encouraged to participate in voluntary associations which assist in fulfilling one or more of their affirmative action obligations (7a through p). The efforts of a contractor association, joint contractor -union, contractor - community, or other similar group of which the contractor is a member and participant, may be asserted as fulfilling any one of more of its obligations under 7a through p of these Specifications provided that the contractor actively participates in the group, makes every effort to assure that the group has a positve impact on the employment of minorities and women in the industry, ensures that the ooncrete benefits of the program are reflected in the contractor's minority and female workforce participation, makes a good faith effort to meet its individual goals and timetablee, and can provide access to documentation which demonstrates the effectiveness of actions taken on behalf of the contractor. The obligation to comply, however, is the contractor's and 'failure of such a group to fulfill an obligation shall not be a defense for the contractor's noncompliance. 9. A single goal for minorities and a separate single goal for women have been established. The contractor, however, is required to provide equal employment opportunity and to take affirmative action for all minority groups, both male Q; Sj� Y K K,: ....... and female, and all women, both minority and non -minority. Consequently, the contractor may be in violation of the Executive Order if a particular group is employed in a substantially disparate manner (for example, even though the contractor has achieved its gaals for women generally, the contractor may be in violation of the Executive Order if a specific minority group of women is underutilized). 10. The contractor shall not use the goals and timetables or affirmative action standards to discriminate against any person because of race, color, religion, sex, or national origin. 11. The contractor shall not enter into any subcontract with any person or firm debarred from Government contracts pursuant to Executive Order 11246. 12. The contractor shall carry out such sanctions and penalties for violation of these specifications and of the Equal Opportunity Clause, including suspension, termination and cancellation of existing subcontracts as may be imposed or ordered pursuant to Executive Order 11246, as amended, and its implementing regulations by the Office of Federal Contract Compliance Programs. Any contractor who fails to carry out such sanctions and penalties shall be in violation of these specifications and Executive Order 11246; as amended. 13. The contractor, in fulfulling its obligations under these specifications, shall implement specific affirmative action steps, at least as extensive as those standards prescribed in paragraph 7 of these specifications, so as to achieve maximum results from its efforts to ensure equal employment opportunity. If the contractor fails to comply with the requirements of the Executive Order, the implementing regulations, or these specifications, the Director shall proceed in accordance with 41 C.F.R. 60-4.6. 14. The contractor shall designate a responsible official to monitor all employment related activity to ensure that the company EEO policy is being carried out, to submit reports relating to the provisions hereof as may be required by the Government and to keep records. Records shall at least include for each employee the name, address, telephone numbers, construction trade, union affiliation if any, employee identification number when assigned, social security number race, sex, status (e.g., mechanic,apprentice, trainee, helper, 19 3 ?/ or laborer), dates of changes in statue, hours worked per week in the indicated trade, rate of pay, and locations at which the work was performed. Records shall be maintained in an easily understandable and retrievable form; however, to the degree that existing records satisfy this requirement, contractors shall not be required to maintain separate records. Z5. Nothing herein provided shall be construed as a limitation upon the application of other laws which establish different standards of compliance or upon the application of requirements for the hiring of local or other area residents (e.g., those under the Public Works Employment Act of 1977 and the Community Development Block Grant Program.) (c) Notice. Recipient hereby agrees that it will ensure that the notice set forth below shall be included in, and shall be a part of, all solicitions for offers and bids on all federal and federally assisted construction contracts or subcontracts in excess of $10,000 to be performed in geographical areas designated by the Director, Office of Federal Contract Compliance Programs of the Departrmnt of Labor at 41 C.F.R. Section 60-9.6: NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY (Executive Order 11246): 1. The Offeror's or Bidder's attention is called to the "Equal Opportunity Clause" and the "Standard Federal Equal Employment Opportunity Construction Contract Specifi- cations" set forth herein. 2. The goals and timetables for minority and female participation, expressed in percentage terms for the contractor's aggregate workforce in each trade on all construction work in the covered area, are as follows: Timetable Goals for Goals for female minority participation participation in for each trade each trade Insert goals for Insert goals for each year. each year. These goals are applicable to all the contractor's con- struction work (whether or not it is federal or federally assisted) performed in the covered area. 20 The contractor's compliance with the Executive order and the regulations N 41 C.F.R. Part 60-4 shall be based on its imple- mentation of the Equal opportunity Clause, specific affirmative action obligations required by the specifications set forth in 41 C.F.F. 60-4.3(a), and its efforts to meet the goals established for the geographical area where the contract resulting from this solicitation is to be performed. The hours of minority and female T> employment and training must be substantially uniform throughout the length of the contract, and in each trade, and the contractor ?i3 shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from contractor to contractor or from project to project for the sole purpose of meeting the contractor's goals shad be a violation of the contract, the Executive Order and the regulations in 41 C.F.R. Part 60-4. Compliance with the goals will be measured against the total work hours performed. 3. The contractor shall provide written notification to the Director of the Office of Federal Contract Compliance Programs within l0,working days of award of any construction subcontract in excess $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the name, address and telephone number of the subcontractor; employer identification number; estimated dollar amount of the subcontract; estimated starting and completion dates of the subcontract; and the geographical area in which the contract is to be performed. 4. As used in this Notice, and in the contract resulting from this solicitation, the "covered area" is (insert description of the geographical areas where the contract is to be performed giving the State, county and city, if any). (d) Labor Provisions. Pursuant to regulations set forth at 29 C.F.R.the following provisions shall be incorporated in all construction contracts of $2,000 let by the Recipient in carrying out the Project. (1) Minimum wages. (i) All mechanics and laborers employed or working upon the site of the work, will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions.as are permitted by regu- lations issued by the Secretary of Labor under the Cope- land Act (29 C.F.R. Part 3)), the fu ZZ amounts due at time of payment computed at wage rates not less than of �� � •NIw.�@Y11 N_ 1 9 1 Y-W�5f1 21 those contained in the wage determination decision of the Secretary of Labor applicable to the Project, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics; and the wage determination decision shall be posted by the contractor at the site of the work in a prominent place where it can be easily seen by the workers. For the purpose of this clause, contributions made or costs reasonably antici- pated under section Z(c)(2) of the Davis -Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 C.F.R. 5.5 (a)(Z)(iv). Also for the purpose of this clause, regular contributions made or costs incurred for more than a weekly period under plans, funds, or programs, but covering the particular weekly period, are deemed to be constructively made or incurred during such weekly period. (ii) The contracting officer shall require that any class of laborers or mechanics, including apprentices and trainees, which is not listed in the wage determination and which is to be employed under the contract, shall be classified or reclassified conformably to the wage deter- mination, and a report of the action taken shall be sent by DOT to the Secretary of Labor. In the event the interested parties cannot agree on the proper classification or reclassifi- cation of a particular class of laborers and mechanics, including apprentices and trainees, to be used, the question accompanied by the recommendation of the contracting officer, shall be referred to the Secretary of Labor for final determination. (iii) The contracting officer shall require, whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly wage rate and the contractor is obligated to pay a cash equivalent of such a fringe benefit, an hourly cash equivalent thereof to be established.- In the event the interested parties cannot agree upon a cash equivalent of the fringe benefit, the question, accompanied by the recommendation of the contracting officer, shall be referred to the Secretary of Labor for determination. 22 (iv) If the contractor does not make payments to a trustee or other third person, he may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing benefits under a plan or program of a type expressly listed in the wage determination decision of the Secretary of Labor which is a part of this contract: Provided, however, - the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis -Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of oblications under the plan or program. (2) Withholding. DOT may withhold or cause to be withheld from the contractor so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices and trainees, employed by the contractor or any subcontractor on the work the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice or trainee, employed or working on the site of the work, all or part of the wages required by the contract, DOT may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. (3) Payroll and Basic Records. (i) Payrolls and basic records relating thereto will be maintained during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such records will contain the name and address of each such employee, his correct classification, rates of pay (including rates of contributions or costs anticipated of the types described in section 1(b)(2) of the Davis -Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 C.F.R. 5.5 (a)(1) (vi) that the wages of any laborers or mechanics include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b) (2)(B) of the Davis -Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, and that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. 23 393 (ii) The oontractor will submit msekZy a copy of all payrolls to the Recipient for transmittal to DOT. The copy shall be accompanied by a statement signed by the employer or his agent indicating that the payrolls are correct and complete, that the wage rates contained therein are not less than those determined by the Secretary of Labor and that the classifications set forth for each laborer or mechanic conform to the workto be performed. A submission of the "Weekly Statement of CompZiance" which is required under this contract and the Copeland regulations of the Secretary of Labor (29 C.F.R., Part 3) and the filing with the initial payroll or any subsequent payroll of a copy of any findings by the Secretary of Labor under 29 C.F.R. 5.5 (a)(1)(iv) shall satisfy this requirement. The prime contractor shall be responsible for the submission of copies of payrolls of all subcontractors. The contractor will make the records required under the labor standards clauses of the contract available for inspection by authorized representatives of DOT and the Department of Labor, and will permit such representatives to interview employees during working hours on the job. Contractors employing apprentices or trainees under approved programs shall include a notation on the first weekly certified payrolls submitted to the contracting agencies that their employ- ment is pursuant to an approved program and shall identify the program. (4) Apprentices and Trainees. (A) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they perform when they are employed and individually registered in a bona fide apprenticeship program registered with the U.S. Depart- ment of Labor, EVZoyment and Training Administration, Bureau of Apprenticeship and Training, or with a State Apprenticeship Agency recognized by the Bureau, or if a person is employed in his first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State Apprenticeship Agency (Wwre appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen in any craft classification shall not be greater than the ratio permitted to the contractor as to his entire work force under the registered program. Any employee listed on a payroll at 24 i -�: .ap ,, sya �•- v {a' rt 3i°ispi:�l -•�x sty ° ° s ° L an apprentice wage rate, who is not a trainee as defined in subdivision (B) of this subparagraph or is not registered or otherwise employed as stated above, shall be paid the wage rate determined by the Secretary of Labor for the classification of work he actually performed. The contractor or subcontractor will be required to furnish to the contracting officer or a representative of the Wage -Hour Division of the U.S. Department of Labor written evidence of the registration of his program and apprentices as well as the appropriate ratios and wage rates (expressed in percentages of the journeyman hourly rates) for the area of construction prior to using any apprentices on the contract work. The wage rate paid apprentices shall not be less than the appropriate percentage of the journeyman's rate contained in the applicable wage determination. (B) Trainees. Except as provided in 29 C.F.R. 5.15, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to or individually registered in a program which has received prior approval, evidenced by formal certification, by the U.S. Department ofLabor, EYnployment and Training Administration, Bureau of Apprenticeship and Training. The ratio of trainees to journeymen shall not be greater than that permitted under the plan approved by the Bureau of Apprenticeship and Training. Every trainee must be paid at not less than the rate specified in the approved program for his level of progress. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Bureau of Apprenticeship and Training shall be paid not less than the wage rate determined by the Secretary of Labor for the classification of work he actually performed. The contractor or subcontractor will be required to furnish the contracting officer or a representative of the Wage -Hour Division of the U.S. Department of Labor written evidence of the certification of his program, the registration of the trainees, and the ratios and wage rates prescribed in that program. In the event the Bureau of Apprenticeship and Training withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (C) Equal Employment Opportunity. The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11 246, as amended, and 29 C.F.R. Part 30. 25 MEW Xf WN -0,155 �i{A$!?�.+{MF ., ' i2et� I Tart{j,Jt' Szf:;�iifsi Mfj�:_ ng 39tl (5) Compliance with Copeland Regulations (29 C.F.R. Part 3) The contractor shall comply with the Copeland Regulations (29 C.F.R. Part 3) of the Secretary of Labor which are herein incorporated by reference. 6 (6) Contract Termination; Debarment. A breach of clauses (1) through (5) may be grounds for termination of the contract, and for debarment as provided in 29 C.F.R. 5.6. (7) Overtime Requircments. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employ- ment of laborers or mechanics shall require or permit any laborer or mechanic in any workweek in which he is employed on such work to work in excess of eight hours in any calendar day or in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times his basic rate of pay for all hours worked in excess of eight hours in any calendar day or in excess of forty hours in such workweek, as the case may be. (8) Violation; Liability for Unpaid Wages; Liquidated Damages. In the event of any violation of the clause set forth in subparagraph (7), the contractor and any subcontractor responsible therefor shall be liable to any affected employee for his upaid wages. In addition, such contractor and sub- contractor &hall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic employee in violation of the clause set forth in 'subparagraph (7), in the sum of $10 for each calendar day on which such employee is required or permitted to work in excess of eight hours or in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in subparagraph (7). (9) Withholding for Liquidated Damages. DOT may withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor, such sums as may administratively be determined 26 G � g-`)P°��'R°°'' bZ{i� 3 ei.+2 fw 4tt f%R"Gri •t -`I. ..('Y to be necessary to satisfy any liabilities of such contractor ., or subcontractor for liquidated damages as provided in the clause set forth in subparagraph (8). 710) Final Labor Summar The contractor and each subcontractor shall furnish to the Recipient, upon the completion of the contract, a summary of all employment, indicating, for the completed Project, the total hours worked and the total amount earned. (11) Final Certificate. Upon completion of the contract, the contractor shall submit to the Recipient with the voucher for final payment for any work performed under the contract a certificate concerning wages and classifications for laborers and mechanics, including apprentices and trainees employed on the Project, in the following form. The undersigned, contractor on (Contract No. ) hereby certifies that all laborers, mechanics, apprentices and trainees employed by him or by a subcontractor performing work under the contract on the Project have been paid wages at rates not less than those required by the contract provisions, and that the work performed by each such laborer, mechanic, apprentice or trainee conformed to the classifications set forth in the contract or training program provisions applicable to the wage rate paid. Signature and title (12) Notice to the Recipient of Labor Disputes. Whenever the contractor has knowledge that any actual or potential labor dispute is delaying or threatens to delay the timely performance of this contract, the contractor shall immediately give notice thereof, including all relevant in- formation with respect thereto, to the Recipient. (13) Disputes Clause. (i) All disputes concerning.the payment of prevailing -wage rates or classification shall be promptly reported to 27 WON;MM s ', 3- �av�.sa 39-5 the Recipient for 'its referral to DOT for decision or, at the option of DOT, DOT referral to the Secretary of Labor. The decision of DOT or the Secretary of Labor as the case may be, shall be final. (ii) All questions relating to the application or interpretation of the Copeland Act, 40 U.S.C. § 276c, the Contract Work Hours Standards Act, 40 U.S.C. 59 327-333, the Davis -Bacon Act, 40 U.S.C. 5 276a, or Section 13 of the Urban Mass Transportation Act, 49 U.S.C. § Z609, shall be sent to UMTA for referral to the Secretary of Labor for ruling or interpretation, and such ruling or interpretation shall be final. (14) Convict labor. In connection with the performance of work under this contract the contractor agrees not to employ any person undergoing sentence of imprisonment at hard labor. This does not include convicts who are on parole or probation. (15) Insertion in Subcontracts. The contractor shall insert in all construction subcontracts the clauses set forth in subsections (I) through (15) of this section so that all of the provisions of this section will be inserted in all construction subcontracts of any tier, and such other clauses as the Government may by appropriate instructions require. (e) Changes in Construction Contracts. Any changes in a construction contract shall be subanitted to DCT for prior approval unless the gross acroint of the changes is $100,000 or less, the contract was originally awarded on a cametitive basis, and the change does not change the scope of work or exceed the contract period. Construction contracts shall include a provision specifiying that the above requirarnnt will be net. (f) Contract Security. The Recipient shall follow the require n-ents of OMB Circular A-102, as amended, or A-110, as may be appropriate, and LMM guidelines with regard to bid guarantees and bonding requirements. (g) Insurance During Contructian. The Recipient shall follow the inuranoe requirements normally required by their State and local goverrments. (h) Signs. The Recipient shall cause to be erected at the site of construction, and maintained during construction, signs 28 a 1 J t f N 1 1! t-hr.4c Ali-' ig h , satisfactory r�M identifying the Project and i--" -sting that the Goverraient is ticipatirg in the development of Project. (i) Liquidated Damages Provision. 'lhe Recipient shall include in all contracts for construction, a clause satisfactory to DOT providing for liquidated damages, if (1) POT may reasonably expect to suffer damages (increaseca costs on the grant project involved) from the late completion of the construction and (2) the extent or amount of such damages would be difficult or impossible to assess. The assessment for damages shall be at a specified rate per day for each day of overrun in contract time deducted from payments otherwise due the contractor. This rate, which must be satisfactory to DOT, must be specified in the contract. (j) Provisions of Construction Contract. The terms and conditions of each o mpeatit>ve y bid construction contract are subject to prior approval by DOT if the estimated cost will exceed $25,000, unless and to the extent that such prior approval is waived in writing by DOT. in addition to the requirements of this Section 110, each construction contract shall contain, wrong others, provisions required by subsections (e), and (f) of Section 109 hereof. (k) Actual Work by Contractor. The Recipient shall require that a construction contractor perform, on the site and with his own staff, work equivalent to at least 10 percent of the total amount of construction work covered by his contract. (1) Force Account. If costs of construction performed by employees of the Recipient are estimated to exceed $25,000, prior approval of DOT must be obtained or else such costs may not be included as eligible Project Costs. (m) Safety Standards. Pursuant to Section 107 of the Contract Fork Hoursa�rr Sae Standards Act and Department of labor Regulations at 29 C.F.R. S 1926, no laborer of mechanic working on a construction contract shall be miuised to work in surroundings or under work- ing conditions which are unsanitary, hazardous, or dangerous to his or her health and safety as determined under construction and health standards promulgated by the Secretary of Labor. Section 111. Environmental, Resource, and Energy Protection and Conservation Requirements. (a) Compliance with Environmental Standards. The Recipient shall comply with the provisions of the Clean Air Act, as amended (42 U.S.C. 5 1857 et seg.); the Federal Water Pollution Control Act, as amended (33 U.S.C. S 1251 et seq.); arra implementing regulations, in the facilities which are involved in the Project for which federal assistance is given. The Recipient shall ensure that the facilities under ownership, lease or supervision, whether directly or under contract, that shall be utilized in the acomplishment of the Project are not listed on the EPA's List of Violating Facilities. Contracts, subcontracts, and subgrants of amounts in excess of $100,000 shall contain a provision which requires compliance with all applicable standards, „is, orders, or requirements issued under Section 306 of the Clam Air Act (42 U.S.C. 1857(h)), Section 508 of the Clain Water Act (33 U.S.C. 1368), Executive Order No. 11738, and Environmental Protection Agency (EPA) regulations (40 C.F.R. Part 15). The Recipient and any third -party contractor thereof shall be responsible for reporting any violations to LMM and to Mt 394- the EPA Assistant Administrator for Enforcenent. In addition, the Recipient shall notify UMTA of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be µtilized in the Project is under consideration for listing in EPA. (b) Air Pollution. No facilities or equip:rent shall be acquacquired,+»*, constructed, or unproved as a part of the Project unless the Recipient obtains satis- factory assurances that they are (or will be) designed and equipped to limit air pollution as provided in the External Operating Manual and in accordance with all other applicable standards. (c) Use of Public Lands. No publicly owned land fran a park, recreation area, or wildlife aryl waterfowl refuge of national, State, or local significance as determined by the Federal, State or local officials having jurisdiction thereof, or any land frau an historic site of national, State, or local significance as so determined by such officials may be used for the Project without the prior concurrence of DOT. (d) Historic Preservation. The Recipient shall assist UMTA in its compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470), Executive Order No. 11593, and the Archeological and Historic Preservation Act of 1966 (16 U.S.C. 469a-1 et seg.) by (a) consulting with the State Historic Preservation Officer on the conduct of investigations, as necessary, to identify properties listed in or eligible for inclusion in the National Register of Historic Places that are subject to adverse effects (see 36 C.F.R. Part 800.8) by the activity, and notifying LMA of the existence of any such properties, and by (b) complying with all requirements established by UMM to avoid or mitigate adverse effects upon such properties. (e) EnergyConservation. The Recipient and its third party contractors shall recognize mandatory standards and policies relating to energy efficiency which are contained in the State energy conservation plan issued in compliance with the Energy Policy and Conservation Act (P.L. 94-163). Section 112. Patent Rights. (a) Whenever any invention, improvement, or discovery (whether or not patentable) is conceived or for the first time actually reduced to practice, by the Recipient or its employees, in the course of, in connection with, or under the tees of this Agreement, the Recipient shall invediately give the Secretary of DOT, through LMA, or his authorized representative written notice thereof; and the Secretary shall have the sole and exclusive power to determine whether or not and where a patent application shall be filed, and to determine the disposition of all rights in such invention, improve- ment, or discovery, including title to and rights under any patent appli- cation or patent that may issue thereon. The determination of the Secretary on all these matters shall be accepted as final, and the Recipient agrees that it will, and warrants that all of its Employees who may be the inventors will, execute all docunesnts and do all things necessary or proper to the effectuation of such determination. 30 (b) F)ccept as otherwise authorized in writing by the Secretary or his authorized representative, the Recipient shall obtain patent agreements to effectuate the provisions of this clause frau all persons who perform any part of the work under this Agreement, except such clerical and manual labor personnel as will have no access to technical data. (c) Except as otherwise authorized in writing by the Secretary or his authorized representative, the Recipient will insert in each third -party contract having design, test, experimental, develop- mental, or research work as one of its purposes, provisions making this clause applicable to the third -party contractor and its employees. (d) (1) The Recipient and the third -party contractor, each, may reserve a revocable, nonexclusive, royalty -free license in each patent application filed in any country on each invention subject to this clause and resulting patent in which the Goverrment acquires title. The license shall extend to the third -party contractor's domestic subsidiaries and affiliates, if any, within the corporate structure of which the third -party contractor is a part and shall include the right to grant sublicenses of the same scope to the extent the third -party contractor was legally obligated to do so at the time the contract was awarded. The license shall be transferable only with approval of UMrA except when transfere3 to the successor of that part of the third -party contractor's business to which the invention pertains. (2) The third -party contractor's nonexclusive darestic license retained pursuant to paragraph (d)(1) of this clause may be revoked or modified by LMM to the extent necessary to achieve expeditious practical application of the Subject Invention under 41 C.F.R. 101-4.103-3 pursuant to an application for exclusive license submitted in accordance with 41 C.F.R. 101-4.104-3. This license shall not be revoked in that field of use and/or the geographical areas in which the third -party contractor has brought the invention to the point of practical application and continues to make the benefits of the invention reasonably accessible to the public. The third - party contractor's nonexclusive license in any foreign country reserved pursuant to paragraph (d)(1) of this clause may be revoked or modified at the discretion of UALGA to the extent the third -party contractor or his domestic subsidiaries or affiliates have failed to achieve tl-�- practical application of the invention in that foreign country. (3) Before modification or revocation of the license, pursuant to paragraph (d)(2) of this clause, Lz A shall furnish the third -party contractor a written notice of its intention to modify or revoke the 31 357 1 license, and the third -party contractor shall be allowed 30 days (or such longer peribd as may be authorized by UCA for good cause shown in writing by the third -party contractor) after the notice to show cause why the license should not be modified or revoked. The third -party contractor shall have the right to appeal, in accordance with procedures prescribed by IMM,any decision concerning the modification or revocation of his license, (e) In the event no inventions, improvements, or discoveries (whether or not patentable) are conceived, or for the first time actually reduced to practice by the Recipient, its employees, its third - party contractors, or their employees, in the course of, in connection with, or under the terms of this Agreement, the Recipient shall so certify to the Secretary or his authorized representative, no later than the date on which the final report of work done, is due. (f) If the Recipient or the third -party contractor is permitted to file patent applications pursuant to this Agreement, the following statement shall be included within the first paragraph of the specification of any such patent application or patent: The invention described herein was made in the course of, or under, a Project with the Department of Trans- portation. (g) In the event the Recipient or the third -party contractor is permitted to acquire principal rights pursuant to this clause and fails to take effective steps within 3 years after issuance of a patent on any patent applications permitted to be filed pursuant to this clause to bring the claimed invention to the point of practical application, the Secretary or his authorized representative may revoke such rights or require the assignment of such rights to the Government. (h) The Secretary or his authorized representative shall, before the expiration of three (3) years after final payment under this grant, have the right to examine any books, records, docuTents, and other supporting data of the Recipient which the Secretary or his authorized representative shall reasonably deem directly pertinent to the discovery or identification of inventions falling within the criteria set out in paragraph (a), or to mmipliance by the Recipient with the requiremnt; of this clause. The Secretary or his authorized representative shall, during the period specified above, have the further right to require the Recipient to examine any books, records, documents, and other supporting data of the third -party contractor which the Recipient shall reasonably deem directly pertinent to the discovery or 32 INE identification of inventions falling within the criteria set out in paragraph (a) or to compliance by the third -party contractor with the requirements of the patent rights clause of the third -party contract. Section 113. nights in Data. (a) The term "subject data" as used herein means recorded information, whether or not copyrighted, that is delivered or specified to be delivered under this Agreement. The term includes graphic or pictorial delineations in media such as drawings or photographs; text in specifications or related performance or design -type docurrents; machine forms such as punched cards, magnetic tape, or computer memory printouts; and information retained in oarputer memory. Examples include, but are not limited to, engineering drawings and associated lists, specifications, standards, process sheets, manuals, technical reports, catalog item identifications, and related information. The term does not include financial reports, cost analyses, and similar .information incidental to contract administration. (b) All "subject data" first produced in the performance of this Agree - trent shall. be the sole property of the Government. The Recipient agrees not to assert any rights at cannon law or equity and not to establish any claim to statutory copyright in such data. Except for its own internal use, the Recipient shall not publish or reproduce such data in whole or in part, or in any manner or form, nor authorize others to do so, without the written consent of the Government until such time as the Government may have released such data to the public; this restriction, however, does not apply to Agreements with Academic Institutions. (c) The Recipient agrees to grant and does hereby grant to the Govern- ment and to its officers, agents, and employees acting within the scope of their official duties, a royalty -free, nonexclusive, and irrevocable license throughout the world (1) to publish, translate, .reproduce, deliver, perform, use, and dispose of, in any manner, any and all data not first produced or carposed in the performance of this Agreement but which is incorporated in the pork furnished under this Agreaent; and (2) to authorize others so to do. (d) The Recipient shall indemnify and save and hold harmless the Govern- ment, its officers, agents, and a7ployees acting within the scope of their official duties against any liability, including costs and expenses, resulting from any willful or intentional violation by the Recipient of proprietary rights, copyrights, or rights of 33 -h , ITT, I 'ms`s ( 39S Privacy, arising out 'of the publication, translation, reproduction, delivery, Performance, use, or disposition of any data furnished under this Agreement. (e) Nothing contained in this clause shall imply a license to the Govenvent under any patent or be construed as affecting the scope of any license or other right otherwise granted to the Goverment under any patent. (f) In the event that the Project, which is the subject of this Agreement, is not completed, for any reason whatsover, all data generated under that Project shall became subject data as defined in the Rights in Data clause in this Agreement and shall be delivered as the Government may direct. This clause shall be included in all third -party contracts under the Project. (g) Paragraphs (c) and (d) above are not applicable to material furnished to the Recipient by the Government and incorporated in the work furnished under the contract; provided that such incorporated material is identified by the Recipient at the time of delivery of such work. Section 114. Cargo Preference - Use of United States -Flag Vessels. (a) 46 U.S.C. § 1241 provides in pertinent part as follows: (b)(1) V2henever the United States shall procure, oontract for, or otherwise Main for its own account, or shall furnish to or for the account of any foreign nation without provision for reimbursement, any eguignent, materials, or ocnnodities, within or without the United States, or shall advance finds or credits or guarantee the convertibility of foreign currencies in connection with the furnishing of such equipment, materials, or oommodities, the appropriate agency or agencies shall take such steps as may be necessary and practicable to assure that at least 50 per centum of the gross tannage of such equipment, materials, or commodities (carputed separately for dry bulk carriers, dry cargo liners, and tankers), which may be transported on privately owned United States - flag canmsnial vessels, to the extent such vessels are available at fair and reasonable rates for United States -flag commercial vessels, in such marcher as will insure a fair and reasonable partici- pation of United States -flag commercial vessels in such cargoes by geographic areas: ... . (2) Every department or agency having responsibility under this subsection shall administer its program with respect to this subsection under regulations issued by the Secretary of Commerce ... . 34 (b) Pursuant to regulations published by the Secretary of CcmTerce at 45 C.F.R. Part 381, the Recipient agrees to insert the following clauses in all contracts let by the Recipient under which equipment, materials or commodities may be transported by ocean vessel in carrying out the Project: The contractor agrees -- (Z) To utilize privately owned United States -flag commercial vessels to ship at least 50 percent of the gross tonnage (computed separately for dry bulk carriers, dry cargo liners, and tankers) involved, whenever shipping any equipment, materials, or commodities pursuant to this section, to the extent such vessels are available at fair and reasonable rates for United States -flag commercial vessels. (2) To furnish within 30 days following the date of loading for shipments originating within the United States, or within 30 working days following the date of loading for shipment originating outside the United States, a legible copy of a rated, "on -board" commercial ocean bill -of -lading in English for each shipment of cargo described in paragraph (Z) above to the Recipient (through the prime contractor in the case of subcontractor biZZs-of-Zading) and to the Division of National Cargo, Office of Market Develop- ment, Maritime Administration, Washington, D.C. 20230, marked with appropriate identification of the Project. (3) To insert the substance of the provisions of this clause in aZZ subcontracts issued pursuant to this contract. Section 115. Buy America. Pursuant to Section 401 of the Surface Transportation Assistance Act of 1978 P.L. 95-599, Nov. 6, 1978, and regulations published thereunder, the Recipient agrees that if the total cost of this Project or any amentrent thereto PSG $500,000,and if funds therefor are obligated by the Government after Notes 6, 1978, the Recipient shall requiro with respect to any third party contract thereunder that exceeds $500,000 that only such unmanufactured articles, materials, and supplies as have been mind or produced in the United States, and only such manufactured articles, materials, and supplies as have been manufactured in the Ltuted States substantially all frun articles, materials, and supplies mined, produced, or manufactured, as the case may be, in the United States, will be used in such Project, unless a waiver of these provisions is -granted. 35 3%9 Upon written request to the Secretary, the Recipient may request a waiver of the above provisions. Such waiver may be granters if the Secretary determirAas: (1) their application would be inconsistent with the public interest; (2) in the case of acquisition of rolling stock, their appli- cation would result in unreasonable cost (after granting appropriate price adjustments to domestic products based on that portion of Project cost likely to be returned to the United States and to the States in the form of tax revenues); (3) supplies of the class or kind to be used in the manufacture of articles, materials, supplies are not mined, produced, or manufactured in the United States in sufficient and reasonably available quantities and of a satisfactory quality; or (4) that inclusion of danestic material will increase the cost of the overall Project contract by more than 10 per centum. Section 116. Charter and School Bus Operations. (a) Charter Bus. The Recipient, or any operator of mass transportation, actin; on its behalf, shall not engage in charter bus operations outside the urban area within which it provides regularly scheduled mass transportation service, except as provided under Section 3(f) of the Urban Mass Transportation Act of 1964, as amended, 49 U.S.C. § 1602(f), and regulations published thereunder. (b) School Bus. The Recipient, or any operator of mass transportation acting on its behalf, shall not engage in school bus operations, exclusively for the transporation of students or school personnel, in competition with private school bus operators, except as provided under Section 3(g) of the Urban Mass Transportation Act of 1964, as amen, 49 U.S.C. 5 1602(q) and regulations published thereunder. Section 117. Compliance with Elderly and handicapped Regulations. The Recipient shall insure that all fixed facility construction or alteration and all new equipment included in the Project comply with applicable regulations regarding Transportation for Elderly and Handi- capped Persons, set forth at 49 C.F.R. Part 27. Section 116. Flood Hazards. The Recipient shall comply with the flood insurance purchase require' ments with respect to construction or a(Tiisition purposes, of Section 102(a) of the Flood Disaster Protection Act of 1973, 42 U.S.C. § 4012(a). 36 " ,.j =S i�w? r:�'- 'p'�a a a.,.., ,� r,... ,.i .�b �r t trw o �A cry, tnt�'�}' ~✓`� r144: Section 119. Privacy. Should the Recipient, its third party contractors or its employees administer any systan of records on behalf of the Federal Government, the following terms and conditions are applicable. (a) The Recipient agrees: (1) to comply with the Privacy Act of 1974, 5 U.S.C. S 552a (the Act) and the rules and regulations issued pursuant to the Act 4en performance under the contract involves the design, development, or operation of any system of records on individuals to be operated by the Recipient, its contractors or employees to accomplish a Government function; (2) to notify the Covernment when the Recipient anticipates operating a system of records on behalf of the Goverrment in order to accomplish the requiranents of this Agreement, if such system contains information about individuals which will be retrieved by the individual's name or other identifier assigned to the individual. A system of records subject to the Act may not be employed in the performance of this Agreement until the necessary approval and publication requirements applicable to the system have been carried out. The Recipient agrees to correct, maSntain, disseminate, and use such records in accordance with the requirements of the Act, and to carply with all applicable requirements of the Act; (3) to include the Privacy Act Notification contained in this Agreement in every third party contract solicitation and in every third party contract when the performance of work under the proposed third party contract may involve the design, development, or operation of a system of records on individuals that is to be operated under the contract to acocnplish a Government function; and (4) to include this clause, including this paragraph, in all third party contracts insider which work for this Agreement is performed or which is awarded pursuant to this Agreenent or which may involve -the design, development, or operation of such a system of records on behalf of the Government. (b)For purposes of the Privacy Act, when the Agreement involves the operation of a system of records on individuals to acccnplish a Goverrment function, the Recipient, third party contractor and any of their employees is considered to be an employee of the Government with respect to the Government function and the requirements of the Act, including the 37 }tj?$8xi�t�e:_:?�eapYiylF, filirii !AJIFf+RNi f�,l� Mf,� t t��irN��•i t� kMi'�L <: y h�:ZK ,i. mac ...... ............. ......... - ':I'I_ civil and criminal penalties for violation of the Act, are applicable except that the criminal penalties shall not apply with regard to contracts effective prior to September 27, 1975. In addition, failure to oormply with the provisions of the Act or of this clause will make this Agreement subject to termi- nation. (c) ?he terms used in this clause have the following meanings: (1) "Operation of a system of records" mans performance of any of the activities associated with maintaining the system of records on behalf of the Government including the collection, use and dissemination of records. (2) "Fecord" mans any item, collection, or grouping of information about an irklividual that is maintained by the Recipient on behalf of the Government, including, but not limited to, his education, financial transactions, radical history, and criminal or employment history and that contains his name, or the identifying number, syrbol, or other identifying particular assigned to the individual, such as a finger or voice print, or a photograph. (3) "System of records" on individuals mans a group of any records under the control of the Recipient on behalf of the Government from which information is retrieved by the nam of the individual or by nom identifying number, symbol, or other identifying particular assigned to the individual. Section 120. Miscellaneous. (a) Bonus or Commission. The Recipient warrants that it has not paid, and a so agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its application for the financial assistance hereunder. (b) State or Territorial Law. Anything in the Agreement to the contrary notwithstanding, nothing in the Agreement shall require the Recipient to observe or enforce compliance with any provision thereof, perform any other act or do any other thing in contravention of any applicable State or territorial law; Provided, That if any of the provisions of the Agreement violate any applicable State or territorial law, or if compliance with the provisions of the Agreement would require the Recipient to violate any applicable State or territorial law, the Recipient will at once notify DOT in writing in order that appropriate changes and modifications may be made by DOT arra the Recipient to the end that the Recipient may proceed as soon as possible with the Project. 38 (c) Reoords. awe Recipient, and any mass transportation operator c -h it,applies will, for each local fiscal year ending on or after July 1, 1978, conform to the reporting system and the uniform system of accounts and records to the extent required by section 15 of the Urban Mass Transporation Act of 1964, as ammrded, 49 U.S.C. S 1611, effective for each local fiscal year ending on or after July 1, 1978, and UHTA regulations. (d) Severabilit . If any provision of this Agreement is held invalid, Uii 'reminder of this Agreement shall not be affected thereby if such remainder would then continue to conform to the terms and requirements of applicable law. 39 A AMENDED CERTIFICATE OF THE CLERK OF THE CITY OF IOWA CITY, IOWA, TO BE FILED, INCLUDING EXHIBITS "A" & "B" ATTACHED, WITH THE COUNTY AUDITOR OF JOHNSON COUNTY, IOWA, AFTER ADOPTION OF THE RESOLUTION OF NECESSITY STATE OF IOWA ) COUNTY OF JOHNSON ) SS CITY OF IOWA CITY ) AMENDED NOTICE OF PENDING ASSESSMENT PROCEEDINGS I, Abbie St' W , Clerk of the City of Iowa City, Iowa, hereby certi y t at at a meeting of the Council of Iowa City, Iowa, held on the 17th day of June , 1980, there was adopted a Resolution of Necessity for certain public improvements, said improvements being generally designated in said resolution and in prior proceedings of the Council as the 1979 BDI Second Addition Improvements. A true copy of said Resolution as originally proposed is hereby attached, marked Exhibit "A". I further certify that attached hereto, marked Exhibit "B", is a true and correct copy of the amended preli- minary plat and schedule of assessments, said schedule setting out the estimated assessments and estimated conditional defi- ciency assessments proposed to be made against benefited pro- perties for the purpose of paying a portion of the total overall cost of said improvements. Said assessments are a lien upon the benefited properties from the date of filing a certified copy of the Resolution of Necessity, the plat, and the schedule of assessments, as provided in Section 384.65(5) of the Code of Iowa. EX 4, 6, 1`- "Q` Clerk of Iowa City Iowa (Seal) -1- AHLr- COONEY. DORWEILER. HAYN IE&SMITH. LAWYERS. DES MOINES. IOWA �D I hereby cettify that on the �,R day of N%/l/-� 1980, there was filed with me as County Auditor of Johnson County, State of Iowa, pursuant to Sections 384.51 and 384.65(5) of the Code of Iowa, an executed copy of the cer- tificate of the Clerk of Iowa City, Iowa, as hereinabove set out, and a copy of the items therein referred to as Exhibits "A" and "BII. Witness my hand and the County seal at Iowa City, Iowa, this 1� day of �%ZifJ�_ +, 1980. L- ouy u i or (Seal) -2- All ..'ONEY, DORWEILER. HAYNIE S SMITH. LAWYERS. DES MOINES. IOWA fLo3 Council Member Neuhauser introduced the following Resolution and moved its adoption. Council Member Vevera seconded the motion to adopt. The roll was called and the vote was, AYES: Roberts, Vevera, Balmer, Erdahl Lynch, Neuhauser, Perret NAYS: None Whereupon, the Mayor declared the following Resolution duly adopted: 80-230 RESOLUTION AMENDING THE RESOLUTION OF NECESSITY FOR THE 1979 BDI SECOND ADDITION IMPROVEMENT PROJECT AND APPROVING AMENDED PRELIMINARY SCHEDULE WHEREAS, on the 15th day of May, 1979 the City Council of the City of Iowa City, Iowa passed and approved a Resolution Adopting Preliminary Plat and Schedule and also a Resolution of Necessity for certain street improvements, which project was referred to as the "1979 BDI Second Addition Improvement Project"; and WHEREAS, the owners of property within the benefited area have filed a petition and waiver requesting that certain addi- tional improvements be added to the above project and con- senting to assessment therefor; and WHEREAS, owners of certain property which was assessed for said street improvements have filed in the office of the City Clerk a plan of division of said property pursuant to Section e 384.61 of the City Code of Iowa, 1979; and WHEREAS, said plans for division of said property and assessment has been filed with the City Clerk together with revised preliminary assessment schedule attached thereto as Exhibit A and revised preliminary plat attached thereto as Exhibit B; and WHEREAS, this Council has read and examined the property owners' plan of division, and the same appears to be reasonable and proper; -2- AHLERS. COONEY. DORW FILER. HAYNIE h SMITH. LAWYERS. DES MOINES. IOWA s/0 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: Section 1. That the Petition and Waiver for additional improvements attached hereto is approved. Said additional improvements are hereby added to the project and to the construction contract therefor at the same unit prices as provided in the original contracts therefor, as follows (list contracts affected): a) To such contracts as are determined to be in process and where contractors are willing to accept the additional work on the same basis; b) In all other instances the construction work will be let at public bids pursuant to 384.95 et. seq. The approval of the supplementary petition and waiver is subject to Council determination that satisfactory contract prices can be obtained to permit the construction within the estimates established in the Preliminary Assessment Plat and Schedule. Section 2. That the proposed plan of division of the property and assessment, as set out in the preamble of this resolution, be and the same is hereby confirmed and approved. Section 3. That the resolution of necessity approved at a meeting of this Council held on the 15th day of May, 1979, for the construction of the 1979 BDI Second Addition Improvement Project, be and the same is hereby amended by describing the properties to be assessed as follows: Lots 1 through 8, inclusive, in BDI Second Addition to Iowa City, Iowa; and Lot No. 6, Auditor's Plat 32, Iowa City, Johnson County, Iowa, as recorded in Johnson County Recorder's Office, Plat Book 16, Page 79, except all that area described as Lot No. 1, B.D.I. Third Addition, as recorded in Johnson County Recorder's Office, Plat Book 17, Page 83, and except all that area described as B.D.I. Second Addition to Iowa City, Iowa. and further, that the preliminary plat and schedule of assessments for said project be and the same_ is hereby amended by adopting in lieu thereof the Amended Preliminary Plat and Schedule of'Assessments filed herewith. The City Clerk is directed to certify the amended preliminary schedule to the -3- A, 1. DONWEILER. HAYNIE 6 SMITH. LAWYERS. DEO MOINES. IOWA 40 S J County Auditor. Final assessments shall be made against indi- vidual properties in amounts not exceeding the assessments shown in the amended schedule. PASSED AND APPROVED this 17th day of 1980. ATTEST: Cite yor -4- June AHLERS. COONEY. DORWEILER. HAYNIE d SMITH. LAWYERS. DES MOINES. IOWA 44010 PETITION AND WAIVER FOR ADDITIONAL IMPROVEMENTS THIS AGREEMENT made and entered into by and between the City of Iowa City, Iowa, hereinafter called the CITY, and the undersigned property owners in said City, hereinafter called the PROPERTY OWNERS, WITNESSETH: WHEREAS, the City proposes to construct street, sewer and other improvements ("improvements") in said City; and WHEREAS, the undersigned Property Owners desire that the improvements be constructed to benefit their respective pro- perties and that special assessments be levied against their property as hereinafter described opposite their names. The general description and location of said improvements being as follows: The beginning and terminal points of said additional improvements shall be as follows: Proposed additional site improvements consist of constructing storm sewer, sanitary sewer, water main, Portland cement concrete paving, together with the required grading and related work on the following streets: Heinz Road extended from the end of the existing pavement (780 feet north of the south line of B.D.I. Second Addition to Iowa City, Iowa), northerly 329 feet. The properties to be asessed are described as follows: Lots 1 through 8, inclusive, in BDI Second Addition to Iowa City, Iowa; and Lot No. 6, Auditor's Plat 32, Iowa City, Johnson County, Iowa, as recorded in Johnson County Recorder's Office, Plat Book 16, Page 79, except all that area described as Lot No. 1, B.D.I. Third Addition, as recorded in Johnson County Recorder's Office, Plat Book 17, Page 83, and except all that area described as B.D.I. Second Addition to Iowa City, Iowa. -1- AHLERS. COONEY. DORWEILER. HAYNIE & SMITH. LAWYERS. DES MOINES. IOWA NOW, THEREFORE, RE IT AGREED AMONG THE PARTIES HERETO AS FOLLOWS: As soon as practicable the City shall have the right to cause the above described improvements to be constructed in accordance with such plans and specifications as it shall deem appropriate. The construction of said improvements shall be under the supervision of an engineer to be selected by the City. For the purpose of this Agreement, the City may elect to enter into contract for the construction of said improvements as a part of any contract for a public improvement project entered into prior to the receipt of this instrument as authorized by Section 3£34.41(2) of the City Code of Iowa. In consideration of the construction of said improvements, the undersigned Property Owners hereby waive the public hearing on the adoption of the Resolution of. Necessity and the mailing and publication of Notice thereof-, and all other legal formalities of whatsoever kind or character required by the laws of Iowa to be observed by cities in the construction of said improvements where the expense of such improvements is to be assessed against private property. The undersigned Property Owners each and all hereby expressly waive each and every question of jurisdiction, the intention of the Property Owners being to authorize and direct said City to construct the improvement without requiring any of the formalities or legal proceedings required of cities by the statutes of Iowa. It is further agreed that when said improvements have been constructed in accordance with the plans and specifications that the City may make assessments against the properties of the undersigned Property Owners for the entire cost of the construction of said improvements, including the cost of engineering, supervision, and preparation of assessment schedule, and that said assessments so made shall be a lien upon the properties hereinafter described, and each of the undersigned Property Owners hereby agrees to pay the amount which is thus assessed against his property, and said assessment shall have the same legal force and effect as if all the legal formalities provided by law in such cases had been fully and faithfully performed and observed. Each of the undersigned Property Owners hereby expressly waive every objection to said assessment, any limitation of the amount thereof as a percentage of valuation and any right to defer or postpone payment of the assessment. Said assessment shall be -2- {I/, AHLERS. COONEY. DORWEILER. HAYNIE 5 SMITH. LAWYERS. DES MOINES. IOWA / O9' paid by the undersigned Property Owners within the time pro- vided by Statute for the payment of special assessments for such improvements. All property owners entitled to Agricultural deferment under Chapter 384 of the City Code of Iowa hereby waive their right to such deferral. The amount and proportion of the cost of the improvements, to be paid by the several Property Owners, shall be ascer- tained and determined by the Engineers and by them reported to the City Council which shall make such changes or alterations as they may require, and when said assessments are finally passed by the Council and by it levied, they shall constitute the assessments against the properties. The City's Engineer has prepared a preliminary schedule of assessments for each of the properties included in the district, which schedule is attached hereto as Exhibit "A". Property owners and City agree that no final assessments will exceed the amount shown on said Exhibit "A" by more than 0 %. . Property Owners hereby authorize the City Council to pass any Resolution requisite or necessary to order and secure said improvements, to provide for the construction of the same and to make the assessments herein provided for, without further notice to said Property Owners, or any of them, and any such Resolution may contain recitals that said improvements are ordered or made by the Council without petition of property owners, without in any way qualifying this petition or releasing the Property Owners from their obligation to pay the assessments levied against their property for the cost of said improvements and to issue improvement bonds payable out of said assessments. Each Property Owner warrants that his real estate described below is free and clear of all liens and encumbran- ces other than for ordinary taxes, except for such liens as are held by lienholders hereinafter listed and designated as signers of this Petition and Waiver, who by execution of this Petition consent to the subordination of their lien t(- the special assessment liens herein described. Bach Property Owner further agrees to subordinate the sale of any part of his listed property to the terms of this,Petition and Waiver, and, upon failure to do so, to pay the full amount of the assessment on demand. Each lienholder designated below, by execution of this Petition and Waiver, agrees and consents that his lien or liens shall be subordinated to the lien of the assessments levied pursuant hereto. -3- AHLERS. GOONEY. DORWEILER. HAYNIE & SMITH. LAWYERS. DES MOINES. IOWA 4,07 V, Property Owners agree that this Petition and Waiver shall be effective and binding from and after the approval hereof by resolution of the City Council. It is requested that the additional improvements be added to the 1979 BDI Second Addition Improvement Project. Dated this 17th day of June , 1980. Presented to the City Council on June 17 , 1980. Approved by the City Council on June 17 , 1980. Clerk SIGNATURE OF PROPERTY OWNE BIJ=, S DEVE:[ DSF . I_NL1OPP sib �P esi en Secretary SIGNATURE OF LIENHOLDEI$ RNA7KEYE STATE IOWA DESCRIPTION OF PROPERTY - Tats 1 through 8, 'M-=sive; im--BDT- SUCMTd-Addition to .Iowa City, Iowa; and Lot No. 6, Auditor's Plat 32, Tower Cit --Y, , s recorded in Johnson County Recorder's Office, Plat Book 16, Page , except ail thatarea described as Lot No. 1, B.D.I. Third Addition, as recorded in Johnson Mun cor er s ice, Plat Book 17, Page 83, and except all that area described as B.D.I. Second Addition to Iowa City, Iowa. 11" 72,4o-, • �• • • 20&10"-P=69 • ,.e -President - /�1�ial*iq 1/�% Vice -President -4- AHI-ERS. COONEY. DORWEILER. HAYNIE 6 SMITH. LAWYERS, DES MOINES. IOWA CITY, I0V 41JO0 J y RESOLUTION NO. 80-231 c "1 `�. RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT BETWEEN THE CITY AND BUSINESS DEVELOPMENT, INC. (BDI), PROVIDING FOR THE REIMBURSEMENT TO BDI OF ANY EXCESS FUNDS RECEIVED BY THE CITY FROM THE SPECIAL ASSESSMENT LEVY FOR THE 1979 BDI SECOND ADDITION IMPROVEMENT PROJECT. WHEREAS, the City of Iowa City has adopted a Resolution of Necessity and a Resolution Adopting the Preliminary Plat and Schedule for the 1979 BDI Second Addition Improvement project; and WHEREAS, the City of Iowa City and Business Development, Inc. have provided for a 10% default fund in the estimated total cost of the improvement project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the Mayor is authorized to sign and the City Clerk to attest an agreement between the City and Business Development, Inc., providing that any amount collected in excess of the funds necessary for the payment of the principal and interest on the special assessment bonds for the 1979 BDI Second Addition Improvement Project shall be reimbursed to BDI. It was moved by Neuhauser and seconded by Vevera 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 17thday of June , 1980. Mayor AT City Clerk i Py The I_�al �zf ment Z// 3 This agreement, made anc and between the City of referred to as the City, referred to as BDI. r AGREEMENT entered into this8ay of June, 1980, by Iowa City, a municipal corporation, hereinafter and Business Development, Inc., hereinafter Whereas, the City has adopted a Resolution Adopting the Preliminary Plat and Schedule and a Resolution of Necessity for certain street improvements, known as the 1979 BDI Second Addition Improvement Project, assessing the costs of the project against parcels owned by BDI; and Whereas, the City intends to issue special assessment bonds to finance the cost of the improvement project. It is therefore agreed by and between the City and BDI, as follows: 1. Upon payment of all outstanding special assessment bonds for the 1979 BDI Second Addition Improvement Project, the City shall provide an accounting to BDI of all proceeds from the assessment. Any amount collected in excess of the funds necessary for the payment of the prin- cipal and interest on the special assessment bonds shall be reimbursed to BDI. All special assessment installments which remain outstanding at the time of the payment of all the special assessment bonds for the proj�eCt shall be cancelled. CITY OF I014A CI�TY BUSIIN/ESSS DEVELOPMENT, INC. Ba By: yor Attest:< Attest%G� Clerk 41 RESOLUTION NO. 80-232 RESOLUTION ENGAGING AUDITOR FOR YEAR ENDING JUNE 30, 1980 BE IT RESOLVED by the City Council of Iowa City, Iowa that the firm of McGladrey, Hendrickson & Company, Certified Public Accounts, be engaged to conduct the audit for the City of Iowa City for the year ending June 30, 1980. BE IT FURTHER RESOLVED that the City Clerk be appointed to notify the State Auditor. It was moved by Perret and seconded by Neuhauser 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 17th day of June , 1980. 4YOR CITY CLERK Received & Approved �y the legal DepadTnent j /1 — kb Al — 7'1✓- RESOLUTION NO. 80-233 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR ELDERLY SERVICES IN THE IOWA CITY AREA WITH JOHNSON COUNTY ELDERLY SERVICES AGENCY. WHEREAS, the City Council of Iowa City deems it in the public interest to provide assistance to older people in Iowa City who are in need of programs which aid them in their efforts to remain independent, and WHEREAS, the City of Iowa City is empowered by the state law to enter into contracts and agreements, and WHEREAS, Johnson County Elderly Services Agency is in the process of obtaining the status of non-profit corporation and will be organized and operated under the laws of the State of Iowa, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the Mayor be authorized to execute and the City Clerk to attest this agreement. _ It was moved by Neubauser and seconded by Perret 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 thisl7th day of (June , 1980. / fAYOR ATTEST: CITY CLERK Recoived d, Approved BY The Legal Dep AGREEMENT This agreement was made and entered into on the day of by and between the City of Iowa City, Iowa, a municipal corporation hereinafter referred to as the "City", and the Johnson County Elderly Services Agency, hereinafter referred to as the "ESA" for one (1) year beginning with the signing of this agreement. This agreement shall be subject to the following terms and conditions, to - wit: 1. ESA shall not permit any of the following practices: a. To discharge from employment or refuse to hire any individual because of their race, creed, color, national origin, religion, age, sex, marital status, sexual orientation or disability. b. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, creed, color, national origin, religion, age, sex, marital status, sexual orientation or disability. 2. The ESA shall not deny to any person its services on the basis of race, creed, color, sex, national origin, religion, age, marital status, sexual orientation or disability. I. SCOPE OF SERVICES The ESA will conduct the following programs: 1. Comprehensive outreach and information and referral. 2. Limited -service chore/handymen. 3. Advocacy. II. FUNDING The City shall pay to the ESA the sum of $20,000 in FY81 with the agreement between the parties that the $20,000 shall be allocated toward administra- tion, travel, equipment and supplies necessary for the facilitation of the program specified. III. GENERAL ADMINISTRATION A. The City shall transfer the funds in quarterly payments, the first payment to occur at the time of signing. B. The Director of the ESA shall submit monthly financial reports and quarterly financial and program reports on forms provided by the City. C. The ESA will provide a fiscal summary at the end of the contract period on forms provided by the City. 11/, 7 2 D. The ESA will submit a summary report on program areas at the end of the conbract period on forms provided by the City. E. All outstanding bills are to be paid upon termination within a 30 day period and with no liability of the City beyond that 30 day period. F. The ESA agrees that its staff and agents will not travel to any state that has not ratified the Equal Rights Amendment throughout the duration of this contract with City funds except as may be authorized by the City. G. 'The ESA agrees to carry the following minimum amount of general comprehensive coverage: $300,000 personal/bodily injury for any one occurrence $ 10,000 property damage for any one occurrence ESA further agrees that each agent, employee and/or volunteer acting for or on behalf of ESA will carry their own auto liability coverage with the minimum amounts. Copies of said policies are to be furnished to the City upon request. H. The ESA agrees to defend, indemnify and hold harmless the City, its officers, agents and employees, from and against all liabilities resulting from any unlawful acts and/or any and all negligent acts or omissions on the part of the ESA in the performance of the conditions set forth in this agreement. This contract may be terminated upon a 30 -day written notice by either party. IV. DURATION This agreement shall commence upon the signing of the parties and shall terminate on June 30, 1981 except as provided herein. V. ASSIGNMENT This agreement may not be assigned without written agreement of the parties. FOR THE CITY OF IOWA CITY: ATTEST: el CITY CLERK FOR JOHNSON COUNTY ELDERLY SERVICES AGENCY: NAME TITLE Received & Approved By The Legal Department 5AUJ l//a/f22- RESOLUTION NO. 80-234 RESOLUTION AUTHORIZING AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE IOWA CITY POLICE PATROLMEN'S ASSOCIATION, TO BE EFFECTIVE JULY 1, 1980 THROUGH JUNE 30, 1981. WHEREAS, the City of Iowa City, Iowa, (hereinafter the City) and the Iowa City Police Patrolmen's Association, (hereinafter the Union), through their designated bargaining representatives, have negotiated a tentative collective bargaining agreement to be effective July 1, 1980, through June 30, 1981, a copy of which Agreement is attached to this resolution as "Exhibit A" and by this reference made a part hereof, and WHEREAS, the Union has approved the Agreement by a vote of its membership, and WHEREAS, the City desires to approve the Agreement, finding that it will promote efficient municipal operations, thereby providing residents of the community with municipal services; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The above -referenced Agreement between the City and the Union is hereby approved by the City. 2. The Mayor is hereby authorized and directed to sign, and the City Clerk to attest, the Agreement. It was moved by Erdahl and seconded by Perret 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 17thday of June 1980. ATTEST: L�✓n�r� _ � � � � AYOR CITY CLERK PeedvrA & Apprnvr„d 01 Ltjal Deparlm--nt Z/ CONTRACT BETWEEN CITY OF IOWA CITY, IOWA AND THE IOWA CITY POLICE PATROLMEN'S ASSOCIATION JULY 1, 1980 TO JUNE 30, 1981 rze TABLE OF CONTENTS PAGE PREAMBLE . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 ARTICLE I -- RECOGNITION . . . . . . . . . . . . . . . . . . . . 2 ARTICLE II -- MANAGEMENT RIGHTS . . . . . . . . . . . . . . . . . 2 ARTICLE III -- CHECK OFF . . . . . . . . . . . . . . . . . . . . 3 ARTICLE IV -- UNION BUSINESS AGENTS . . . . . . . . . . . . . . . 3 ARTICLE V -- UNION MEETINGS . . . . . . . . . . . . . . . . . . . 4 ARTICLE VI -- BULLETIN BOARDS . . . . . . . . . . . . . . . . . . 4 ARTICLE VII -- SENIORITY . . . . . . . . . . . . . . . . . . . . 4 ARTICLE VIII -- DAILY AND WEEKLY HOURS OF WORK . . . . . . . . . 5 ARTICLE IX -- OVERTIME -STANDBY . . . . . . . . . . . . . . . . . 6 ARTICLE X -- HOLIDAYS . . . . . . . . . . . . . . . . . . . . . . 7 ARTICLE XI -- VACATIONS . . . . . . . . . . . . . . . . . . . . . 8 ARTICLE XII -- SICK LEAVE . . . . . . . . . . . . . . . . . . . . 8 ARTICLE XIII -- SPECIAL LEAVES . . . . . . . . . . . . . . . . . 10 ARTICLE XIV -- LAY-OFFS . . . . . . . . . . . . . . . . . . . . . 12 ARTICLE XV -- TRAINING . . . . . . . . . . . . . . . . . . . . . 12 ARTICLE XVI -- PERSONNEL TRANSACTIONS -RULES. . . . . . . . . . . 13 ARTICLE XVII -- SHIFT TRANSFERS . . . . . . . . . . . . . . . . . 13 ARTICLE XVIII -- INSURANCE . . . . . . . . . . . . . . . . . . . 14 ARTICLE XIX - EQUIPMENT . . . . . . . . . . . . . . . . . . . . . 14 ARTICLE XX -- WEAPONS AND SPECIAL EQUIPMENT. . . . . . . . . . . 15 ARTICLE XXI -- ADEQUATE FACILITIES . . . . . . . . . . . . . . . 15 ARTICLE XXII -- UNIFORMS . . . . . . . . . . . . . . . . . . . . 15 ARTICLE XXIII -- DUTY OUTSIDE THE CITY . . . . . . . . . . . . . 16 ARTICLE XXIV -- SUPPLEMENTAL EMPLOYMENT . . . . . . . . . . . . . 16 ARTICLE XXV -- POSITION CLASSIFICATION . . . . . . . . . . . . . 17 ARTICLE XXVI -- GRIEVANCE PROCEDURE . . . . . . . . . . . . . . . 17 Uzi ARTICLE XXV1I -- FFFECTIVF PERIOD. . . . . . . . . . . . . . . . 21 ARTICLE XXVIII -- COMPENSATION . . . . . . . . . . . . . . . . . 21 ARTICLE XXIX -- PUBLIC EMERGENCY . . . . . . . . . . . . . . . . 22 ARTICLE XXX -- GENERAL CONDITIONS. . . . . . . . . . . . . . . . 22 PREAMBLE THIS AGREEMENT is executed by the CITY OF IOWA CITY, IOWA, called "City," and the IOWA CITY PATROLMEN'S ASSOCIATION, called "Union." The City and the Union agree that the provisions of this Agreement shall apply to all officers covered by the Agreement without discrimination. The parties specifically agree to the following Articles: ARTICLE I RECOGNITION Section I. The City recognizes the Union as the exclusive bar- gaining agent for all employees within the classification set forth in Section 2 of this Article. Section 2. The bargaining unit covered by this Agreement shall include all Iowa City police officers and does not include the Police Chief, Captains, Sergeants, and any other individuals who are or may become confidential, administrative, supervisory, or less than half- time employees or those excluded by Chapter 20, Code of Iowa. Section 3. The City and the Union will negotiate only through authorized representatives and there will be no private agreements between officers and supervisors contrary to the terms in this Agree- ment. Section 4. The City agrees that it will not sponsor or promote, financially or otherwise, any other group or labor organization, for the purpose of undermining the Union; nor will it interfere with, restrain, coerce, or discriminate against any of its employees in connection with their membership in the Union. ARTICLE II MANAGEMENT RIGHTS Section 1. Except as limited by the provisions of this Agreement, nothing herein shall be construed to restrict, limit, or impair the rights, powers, and the authority of the City under the laws of the State of Iowa and the City's ordinance. These rights, powers and authority include, but are not limited to, the following: a. To direct the work of its employees. b. To hire, promote, demote, transfer, assign and retain officers within the Iowa City Police Department. C. To suspend or discharge officers for proper cause. d. To maintain the efficiency of governmental operations. e. To relieve officers from duties because of lack of work or for other legitimate reasons. f. To determine and implement methods, means, assignments in personnel by which its operations are to be conducted and to develop and enforce rules of work and safety standards. g. To take such actions as may be necessary to carry out its mission. h. To initiate, prepare, certify and administer its budget. i. To exercise all powers and duties granted to it by law. 2 ARTICLE III CHECK OFF Section 1. The City agrees to deduct Union membership fees and dues in a specific dollar amount once each month for the pay of those employees who individually authorize in writing that such deductions be made. Authorizations delivered to the City ten (10) days prior to the first day of a month shall become effective on the first day of the succeeding month. Any change in check off shall be authorized by the individual. Section 2. Check off moneys will be deducted from the first pay check of each month, and shall be remitted, together with an itemized statement, to the Union Treasurer within the ten (10) days after the deductions have been made. Section 3. The City will not deduct dues beginning the first of the month after which the officer is no longer a part of the bargaining unit. An officer may voluntarily cancel or revoke authorization for check off upon ten (10) days written notice to the City and the Union. Section 4. The City agrees to withhold, upon receipt of proper authorization from an officer, the sum of Five Dollars ($5.00) monthly from each officer's salary to be paid by the City at least once quarterly to Treasurer, Local 16 of the Iowa City Policeman's Association. Section 5. The City will not be liable for damages arising by virtue of mistakes in connection with funds collected under the pro- visions of this Article. ARTICLE IV UNION BUSINESS AGENTS Section 1. The Union shall have the right to designate agents, not to exceed two (2) persons at any one time, who shall have access to City facilities during regular working hours for the purpose of investigating and administering matters relating to this Agreement. Section 2. The Union shall notify, in writing, the City Manager and Chief of Police after making such designation which notification shall contain the name of the party or parties thus designated, and the purpose of such investigation. Any such investigation or administration shall be conducted so as not to interfere with routine City business, and any such agent shall comply with City safety and security regulations. 3 //a3 ARTICLE V UNION MEETINGS Section 1. Officers may use City facilities when available for the purpose of holding scheduled Union meetings. Section 2. With the permission of the Chief of Police, officers on duty may be permitted to attend any Union meeting. ARTICLE VI BULLETIN BOARDS Section 1. The City shall provide a bulletin board to be located in the Police Department to enable the Union and officers to post notices. A posted notice shall not contain any political endorsement or any libelous material and no political notice shall be posted urging support of any specific cause or candidate. Section 2. Without the express permission of the Chief of Police, no posting will be permitted in any place in the Police Department other than on the bulletin board. ARTICLE VII SENIORITY Section I. Seniority shall mean the status, priority, or pre- cedence obtained as a result of continuous length of service as an Iowa City police officer. Seniority shall commence on the date of employment as an Iowa City police officer and shall become applicable immediately following completion of the probationary period. Section 2. The City in cooperation with the Union shall maintain and keep posted on the bulletin board referred to in Article VI, a list of officers who have attained seniority and shall keep said list current. The list shall be prepared with the senior officer's name appearing at the top of the classification. Section 3. An officer shall lose seniority rights upon: a. Resignation. b. Discharge for just cause. C. Absence from work for a period of three (3) consecutive scheduled working days without notifying the City or without good excuse. d. Giving a false reason for leave of absence. e. Failing to report for work within fifteen (15) days after notice from the City (by United States Certified Mail with Return Receipt Requested to last known address) notifying him/her to report for work following lay-off. Section 4. Seniority shall accrue during all special leaves, disabilities, sickness, vacation or other periods of time unless there is a specific provision to the contrary in this Agreement. In 9 the event that more than one individual has the same seniority date the order of seniority will be determined by lot. Section 5. Except as otherwise specifically provided herein, seniority shall be the controlling factor to be considered in making determinations for vacations, leave schedule, lay off, and recall. However, the City's affirmative action commitment will prevail for lay off and recall where required by Federal or State law. ARTICLE VIII DAILY AND WEEKLY HOURS OF WORK Section 1. Work Week. a. The work week for officers who are not working a continuous shift shall consist of five (5) consecutive eight (8) hour days commencing on a day agreed upon by the officer and his/ her supervisor. b. The work week for all other officers shall commence on a date to be arranged between the Union and the City and thereafter shall continue on the following schedule: (1) Six (6) consecutive eight (8) hour days followed by two (2) consecutive days off for four (4) consecutive periods; and thereafter (2) Six (6) consecutive eight (8) hour days followed by three (3) consecutive days off; and thereafter (3) Five (5) consecutive eight (8) hour days followed by three (3) consecutive days off; and thereafter (4) A repetition of the above schedule. Section 2. Work Day. A work day shall consist of eight (8) consecutive hours with the officer reporting fifteen (15) minutes prior to the commencement thereof and staying, if requested to do so, fifteen (15) minutes after such work period. Section 3. Rest Periods. To the greatest extent possible, each officer shall be granted two (2) fifteen (15) minute rest periods during each work day. The first rest period to occur between the second and third hour, and the second rest period to occur between the fifth and sixth hour. The rest periods set forth herein may be varied upon mutual agreement of the officer and his supervisor. Section 4. Lunch Period. To the greatest extent possible, each officer shall be granted a lunch period of not less than thirty (30) minutes during each work day between the third and sixth hour thereof unless otherwise mutually agreed between the officer and his supervisor. Section 5. Notification. To the greatest extent possible, an officer shall be notified twenty-four (24) hours in advance if he is required to work on a day off. 5 �jyja 41 Section 6. Straight Time Pay. Straight time pay (sometimes herein referred to as regular pay or regular wage) shall mean the base hourly rate paid for the regular working day and working week and shall be calculated by multiplying the current monthly salary times twelve (12) and dividing that amount by two thousand eighty (2,080) hours. ARTICLE IX OVERTIME - STANDBY Section 1. Overtime. With the exception of Section 8 of this Article, overtime is work performed by an officer in excess of eight (8) hours a day, forty (40) hours a week, or minimal call-in time as hereinafter defined. All overtime work shall be the subject of a written instrument specifying the overtime thereof and each officer shall receive a copy of any such instrument after the same has been approved or disapproved by the City. Authorization by the shift commander is required for overtime work. Section 2. Overtime will be compensated at the rate of one and one-half (A) times the base hourly rate of the officer. Overtime may not be obtained from two sources for the same time. Section 3. An officer who has left work and is recalled with less than twenty-four (24) hours prior notice shall receive credit for a minimum of two (2) hours of overtime. Section 4. Overtime Eaualization. a. To the greatest extent possible, overtime shall be assigned to officers equally considering seniority, the type of work required, the ability of the individual officer, his/her availability, and his/her desire to perform the overtime service. b. The City shall maintain and post (at least monthly) in a prominent place in the Police quarters, a list of classifications showing overtime hours worked by each officer, and shall keep such list current with accumulated overtime being credited foward. Overtime accumulation shall commence on July 1 of each year (see Section 7 below). Section 5. Overtime Rest Period. If an officer is required to work two (2) or more hours immediately following and beyond his/her normal work day, he/she shall receive either: a. A rest period of at least one-half (!) hour immediately following his normal work day, or b. One additional one-half (k) hour of paid compensation at the overtime rate as the officer and his supervisor may determine. 0 Section 6. Stand-by Time. The parties realize that it may be necessary or desirable for the City to require officers to be available on a stand-by status where they may be called to duty upon short notice. The City shall advise such officer at the earliest possible date of any such required stand-by service, and the officer shall receive one hour of compensation at straight time for each eight (8) hours of stand-by time. This provision shall not be applicable to detectives on normal week or weekend call. Section 7. Accumulated Overtime. Overtime accumulation for time off shall not exceed forty (40) hours in any one fiscal year and any excess in accumulation over forty (40) hours shall be paid. No overtime shall be carried over from one fiscal year to another and any overtime accumulated at the end of the fiscal year shall be paid. Section 8. The greater of two (2) hours or actual time spent will be credited to an officer when, in obediance to a subpoena or direction by proper authority, appears for the federal government, the State of Iowa, or a political subdivision, or in a private litigation when not a party to the litigation. When such appearances are duty related, the officer will be compensated at the overtime rate. ARTICLE X Hnl TRAYS Section 1. The following days shall be paid holidays for officers: New Year's Day (January 1); Washington's Birthday (third Monday in February); Memorial Day (last Monday in May); Independence Day (July 4); Labor Day (first Monday in September); Veteran's Day (November 11); Thanksgiving Day (fourth Thursday in November); the Friday after Thanksgiving; Christmas Day (December 25); and one personal leave day. Section 2. In addition, there shall be granted to officers who do not work a continuous shift the day before or after Christmas, or the day before or after New Year's Day as an additional holiday. The City Manager may direct that officers observe a particular day for this holiday but if the Manager fails to make such designation by December 15 of the calendar year in question, the officer may select a particular day subject to the approval of his supervisor. Such officers will be allowed to take the day preceding or following a holiday as designated by the City Manager if the holiday falls on the officer's day off. Section 3. Police officers on a continuous shift shall receive eighty-eight (88) hours of holiday credit on July 1 annually. Any continuous shift officer who begins work after July 1 of any year will receive credit for the remaining holiday dates until the following July 1. If an officer separates after July 1 of any year, those holiday dates which have been credited but which have not as yet occurred will be deducted for the purpose of considering separation pay. 7 4/o?S e.g., Officer A receives credit for eighty-eight (88) hours of holiday time on July 1. The officer terminates on November 1 and HAS NOT USED ANY holiday hours. He would be paid sixteen (16) hours of holiday pay (Independence Day and Labor Day). e.g., Officer B receives eighty-eight (88) hours of holiday credit on July 1. Officer B terminates November 1 and HAS USED forty (40) holiday hours. Only two (2) holidays (Independence Day and Labor Day) have occurred prior to termination, therefore twenty-four (24) hours (40 used less 16 occurring) would be deducted from the last week's wages. If an officer works a full shift on a holiday, four (4) hours of additional holiday credit will be given during the pay period in which the holiday occurs. If an officer works less than a full shift on a holiday, the premium pay will be prorated to the nearest whole hour based on time worked. Section 4. For the purpose of this Article, the holiday begins at 11:00 p.m. on the day preceding the holiday date and continues for a period of twenty-four (24) hours thereafter. The shift starting time controls holiday designation. For non -continuous shift officers, a holdiay which occurs on Sunday will be observed on the following Monday. One which falls on Saturday will be observed the preceding Friday. ARTICLE XI VArATrnNS Section 1. Vacations shall be earned and accumulated by pay period according to the following schedule: Lenath of Service 0-5 years 5-10 years 10-15 years 15-20 years 20 years plus Days Earned Per Month 1 1 1/4 1 1/2 1 3/4 2 The maximum annual carryover from one year to another shall be two hundred twenty-four (224) hours. The maximum number of hours eligible for payment upon separation shall be one hundred ninety-two (192) hours. ARTICLE XII SICK LEAVE Section 1. Accumulation. Officers shall be granted one (1) day of sick leave for each month, and shall have the right to accumulate unused sick leave up to a maximum of 1440 hours (180 days). Sick leave shall not be granted for an officer having a leave without pay. Any officer granted a paid leave shall continue to earn sick leave. G Upon termination of employment other than for cause, the City shall pay for all accumulated sick leave on the basis of one-half (k) of the officer's then current hourly base salary. An officer must have been employed by the City for at lest one year in order to be eligible for payment of accumulated sick leave upon termination. Section 2. Use of Sick Leave. a. After completion of the initial probationary period, a day or accmulated sick leave shall be used for each day an officer is sick and off work during a work week, or if less than a day, on an hour -to -hour basis. A doctor's statement regarding the nature of the illness and recovery therefrom may be required. A supervisor may request an individual examination, if it is deemed in the best interest of the city and the employee. Said examination shall be at the City's expense and the City will have the right to designate the doctor. Reasonable notification by the supervisor of the need for a doctor's statement will be given in order to allow time to comply. b. In addition to sickness of an officer, sick leave may be used for: (1) Duty connected disability. (2) Serious illness or hospital confinement of a spouse or child, or critical illness of the officer's mother, father, mother-in-law, father-in-law, brother, sister, or grandparents, pregnancy related illness or recovery of an officer's spouse, as well as any other relatives or members of the immediate household of the officer up to a maximum of forty (40) hours per occurrence. (3) Health maintenance needs, e.g., doctor or dentist appointments. ,The officer will make every attempt to schedule such appointments in off-duty hours. Section 3. Notification. An officer shall notify his supervisor as soon as reasonably possible of any sickness or illness which will cause him to miss work and unless such notification is given within on (1) hour after the beginning of the work day, the absence will not be charged to sick leave, but may be charged to other accumulated leaves or to leave without pay. Employees who become sick on duty shall notify the shift supervisor before leaving duty. Section 4. Iin the event an officer is injured or disabled on the job requiring time from work, no deductions shall be made from the officer's accumulated sick leave unless such officer requires more than two (2) working days in which to recuperate and return to work. 9 11ak ARTICLE XIII SPECIAL LEAVES Section 1. On -the -Job Injury. Upon application the City may, in addition to any other leave, grant a leave of absence with pay in the event of an injury or illness of an officer while on duty provided the following conditions exist: a. That the injury or illness is determined compensable by the Iowa City Police Pension Board (I.C.P.P.B.), and b. The medical advisor of the I.C.P.P.B. determines that time off from work is required. If the above provisions are applicable, leave with pay will be granted during the remaining time on the shift when the injury occurs and for a period of two (2) days thereafter if authorized by the I.C.P.P.B. If the injured or disabled officer requires more than two (2) days in which to recuperate and return to work, any additional absence will be charged to sick leave or if sick leave is exhausted, to leave of absence with pay until a temporary disability pension is granted by the I.C.P.P.B. after which determination the sick leave and any other leaves used for such purpose shall be restored. Section 2. Funerals. An officer will be granted up to three (3) days with no loss of compensation nor loss of accrual from sick, annual, nor compensatory time to attend the funeral of his spouse, children, mother, father, stepparents, sister, brother, mother-in- law, father-in-law, grandparents, aunt or uncle, brother-in-law, sister-in-law, permanent member of the immediate household, or for a military funeral in which such officer participates in the ceremony. If additional time is needed, an officer shall be permitted to use up to three (3) days of his accumulated sick leave with the approval of his supervisor. Section 3. Leave of Absence Without Pay. A leave of absence without pay is a predetermined amount of time off from work, which has been recommended by the Chief of Police and approved by the City Manager. Generally, such leave shall not exceed twelve (12) months. Upon termination of any such leave of absence, the officer shall return to work in the same step or capacity as when he left and will receive compensation on the same basis as if he had continued to work at his regular position without leave, provided that during such period, no officer shall earn sick, vacation, or other leave. In the event an officer fails to return to work at the end of any such leave, he shall be deemed to have voluntarily resigned or, if applicable, voluntarily retired on the last day of work prior to such leave. During a leave of absence without pay, the officer: a. Cannot pay retirement contributions if the leave exceeds one (1) month in duration. 10 b. Must pay group hospitalization premiums falling due during any month the officer is not on the payroll, if coverage is desired. C. Must pay premiums for coverage under the group life insurance plan, is coverage is desired. d. Shall not receive any other job benefits during the period of absence. e. Must ,use all accumulated vacation and compensatory leaves to which he/she is entitled prior to the time that the leave without pay commences. f. Shall not accrue seniority during leaves exceeding thirty (30) days. The Chief of Police may make exceptions to the above conditions (a. through f.) for leaves not exceeding ten (10) working days. Section 4. Jury Duty. Any officer summoned for jury duty shall receive regular standard time pay during any period of jury service and shall earn and be entitled to all benefits as if on duty without charge against sick or vacation leave. The City shall receive the pay earned from such jury service but the officer shall receive allowances for mileage and expenses unless furnished by the City. An officer who is summoned for jury duty but is not selected to serve on the jury and is discharged with an hour or more remaining on his/her shift shall return to work. Section 5. Witness Fees. An officer shall be granted leave with pay when required to be absent from work for the purpose of testifying in court or appearing in response to any legal summons and the City shall receive the witness fees except the witness fees paid to an officer for off duty periods which belong to said officer. Section 6. Military Leave. Officers belonging to or called by any branch of the Armed Forces of the United States shall, when ordered to active service, be entitled to a leave of absence for such period of time that the member serves in such capacity and until discharged therefrom. The City shall comply with applicable law in regard to military leave. Officers subject to the foregoing shall, upon re -instatement to City employment, retain their original employment date for the purpose of determining seniority and eligibility for salary advancement just as though such time spent in service of the United States had been spent in regular employment with the City. Section 7. Voting Time. An officer shall be permitted to vote during the work day in any national, state, or local election if it is not reasonably possible to vote during off hours, and no charge shall be made for time spent for such purpose. or a7 Section 8. Political Candidacy. In the event any officer is a candidate for any national, state, or local political governmental office or is a candidate for the City Council of Iowa City, Iowa, he/she shall take a leave of absence without pay for a period of thirty (30) days prior to and including election day. Section 9. Pregnancy Leave. A pregnant officer shall be entitled to a leave of absence without pay if she is physically incapacitated as a result of pregnancy or related cause at the exhaustion of other accumulated leaves. All officers requiring such leave shall notify the Chief of Police or designee prior to the anticipated date of birth and shall substantiate their condition by a doctor's statement. Officers may work during pregnancy if health permits. Those granted leave under this Section shall present a doctor's statement as to pregnancy and recovery therefrom and within fourteen (14) days following birth, miscarriage, or abortion, the officer shall advise the City of the date by which the officer will return to work. Unless the officer returns to work by such date, or any other date by reason of extension granted by the City, the officer will be considered to have voluntarily resigned or retired. The officer will return to work as soon as she is medically able to do so. ARTICLE XIV LAY-OFFS Section 1. Lay-offs shall mean the situation in which the City is forced to relieve officers from duty because of lack of funds or pursuant to Chapter 400, Section 28, of the 1977 Code of Iowa. Section 2. Officers separated because of lay-off will be given formal written notice at least two (2) weeks in advance of the sep- aration date or two (2) weeks of regular base pay in lieu of such notice. ARTICLE XV TRAINING Section 1. To the greatest extent possible, an officer shall receive or have the opportunity to attend training programs, and for such purpose each officer shall be treated in a fair manner. Section 2. The City may require attendance of an officer at any location for the purpose of training on the basis of a normal duty day assignment. The City will, in addition to paying the cost of the program, pay for meals, lodging, the expense of transportation, tuition, and the necessary books and supplies. Section 3. No officer will be required to participate in any training program while on vacation or sick leave and cannot be required to participate in any such program on a day off unless the City pays said officer one hundred fifty percent (150%) of his hourly 12 base pay. This section shall not be applicable to officers on a probationary basis. Section 4. In the event an officer is not performing his/her duties satisfactorily, the City may require such officer to complete a special training course as recommended by the City in an effort to assist said officer to achieve satisfactory performance of his/her duties. Any such requirement shall be at the expense of the City upon approval by the Chief of Police. Section 5. Upon approval of the Chief of Police, an officer shall be entitled to attend a non -required training program. Time spent in training shall not be charged against an officer's overtime, days off, sick or vacation leave, provided said program is job related as determined by the Chief of Police. Section 6. This Article shall not be applicable to training programs attended by an officer on a voluntary basis when not on duty. Section 7. The City shall post and maintain on the bulletin board referred to in Article VI a schedule of City approved training programs, including the details thereof such as starting date, duration, location, etc. An officer may attend any such offered course or program at his/ her own expense with the approval of the Chief of Police which shall not be unreasonably withheld. ARTICLE XVI PERSONNEL TRANSACTIONS - RULES Section 1. An officer will be given copies of all documents placed in his/her personnel file within ten (10) days of the time any such document is placed therein. No document will be considered for the purpose of evaluation, promotion or discipline of an officer unless such document has been placed in the personnel file. Section 2. The City will promulgate departmental rules and regulations and provide each officer with a copy thereof. Upon promulgation of said rules and regulations, all prior rules, regulations, directives, and general orders, except as specifically noted in writing, will be cancelled. Section 3. Minor infractions shall be removed from an officer's file within a period of one (1) year after the filing of the documen- tation and action taken, and thereafter shall not be considered for any purpose whatever. ARTICLE XVII SHIFT TRANSFERS Section 1. In the event that an officer having seniority desires to transfer to a different shift, he/she shall make 13 1/R if application to the Chief of Police. The Chief of Police will not unreasonably withhold permission to transfer after considering the ability and experience of the officer, the nature and type of work to be performed on the shift, and the need for personnel having certain qualifications on said shift. No officer shall be permitted more than one (1) transfer during any one (1) calendar year. In the event an application for transfer is filed because of an emergency, the Chief of Police will give special consideration to the facts and circumstances related thereto. Subject to the foregoing, officers may trade shifts provided that the Chief of Police approves any such transfer. Section 2. No officer who is transferred shall lose any days off, sick or vacation leave by virtue of such transfer unless mutually agreed by the officer and the City. ARTICLE XVIII TNURANU Section 1. The City shall, at no cost to the officer, maintain for each officer and eligible dependents the medical insurance policy now in existence or its equivalent in coverage. Section 2. The City shall provide, at no cost to the officer, a policy insuring the life of said officer in an amount equal to his annual salary. Any fraction of $1000 in annual salary shall be rounded off to the next higher thousand. In the policy currently provided coverage does not become effective until ninety (90) days after employment. ARTICLE XIX EQUIPMENT Section 1. Officers shall not be required to operate motor vehicles if the operation thereof is hazardous or unsafe to the officer or the public. The City will comply with all of the safety requirements of the City, state, and federal laws. Section 2. Any officer operating a motor vehicle shall, at some period during or immediately following the work day, report any defect noticed by him in said vehicle to the shift commander. Section 3. All other equipment furnished by the City shall be maintained by the City in good working condition and in accordance with all applicable safety standards. Section 4. The City will furnish required motor vehicles and other required equipment. Section 5. An officer who is required to operate a motorcycle or to perform walking patrol in inclement weather will be provided 14 with adequate protective clothing as reasonably determined by the Chief. Section 6. To the greatest extent possible, officers shall properly use the equipment furnished by the City. Section 7. Equipment issued by the City shall be returned to the City at such time as the employment of an officer is terminated. Nonexpendable items not returned will be paid for by the officer. Section 8. The City shall provide appropriate regulation equipment in accordance with applicable safety regulations. ARTICLE XX WEAPONS AND SPECIAL EQUIPMENT Section 1. All weapons, holsters, carriers, belts, and other equipment required by the Chief of Police shall be issued by and at the expense of the City. Section 2. Service ammunition for regulation weapons shall be provided by the City. Section 3. If required to carry a handgun in performance of duties, an officer shall, upon permission of the Chief of Police, have the right to select, pay for, and carry his own weapon provided he is able to demonstrate proficiency in the use thereof. This provision shall not require an officer to furnish his own handgun. "Proficiency" shall be construed in such manner as to be consistent with that required for a City furnished handgun. Section 4. The City shall provide at least fifty (50) rounds of target ammunition monthly for each officer required to carry a weapon to enable the officer to maintain efficiency with the weapon. The Chief of Police shall prescribe the use to be made of such ammunition. Section 5. The City will furnish within a reasonable period of time some bullet-proof vests with the number, type and quality being determined by the Chief of Police. ARTICLE XXI ADEQUATE FACILITIES Section 1. The City shall provide adequate locker and other facilities separately for male and female officers. ARTICLE XXII NNTFORMS Section 1. The City shall provide each officer with uniforms used in the performance of the duties of police officers (original issue - new equipment): 15 �a9 a. One (1) winter and one (1) summer regulation hat. b. Three (3) regulation ties. C. Six (6) winter and six (6) summer blue permanent press regulation shirts. d. Four (4) pairs of regulation trousers. e. One (1) winter and one (1) summer regulation jacket. f. One (1) regulation raincoat. g. Two (2) regulation hat covers. h. Two (2) pairs of regulation winter gloves. i. One (1) regulation pants belt. Section 2. Each plain clothes person will receive an allowance of two hundred ($200.00) dollars at the end of every four (4) months for clothing. Section 3. The expenses of standard tailoring for proper fit upon issue shall be paid for by the City. Section 4. Replacement: a. Clothing damaged in the line of duty shall be ordered within seven (7) days of receipt of the report of loss or damage. b. All uniforms shall be replaced by the City as needed upon the determination of the Chief of Police. In order to receive replacements, the items to be replaced must be surrendered to the designated supervisor. This clothing shall be ordered within seven (7) days of receipt by the designated supervisor. ARTICLE XXIII DUTY OUTSIDE THE CITY Section 1. In the event the City directs any officer to perform duties outside the corporate limits of the City of Iowa City, such officer shall receive every benefit, right, and privilege to which he would have been entitled had said duties been performed within the corporate limits of Iowa City, Iowa. In addition, an officer shall be entitled to such benefits, rights, and privileges if engaged in "hot pursuit" of an offender outside the corporate limits of Iowa City, Iowa. ARTICLE XXIV SUPPLEMENTAL EMPLOYMENT Section 1. Officers shall be permitted to augment their income by other employment provided that said other employment does not conflict with the duty hours of the officer or with the satisfactory or impartial performance of duties as a police officer for the City of Iowa City. Section 2. The officer agrees to notify the City in advance of the name, address, and telephone number of any employer, and if the supplemental employment is related to or along the lines of police in work, to notify the City of the work schedule, compensation, and specific duties in addition to the above information. ARf1CLE XXV POSITION CLASSIFICATION Section 1. For salary purposes, these shall be no distinction between patrol officers, detectives, juvenile officers, or other positions not having civil service certification. Section 2. In the event that any officer is designated in a higher job classification on a temporary basis, said officer shall receive his/her own pay or the pay designated for such other classification in which he/she is temporarily serving, whichever is higher, provided: a. That the pay in the temporary classification shall not be applicable until the officer has served at least fifty (50) days or more within one calendar year in such other capacity. ARTICLE XXVI GRIEVANCE PROCEDURE Section 1. Definition - General Rules a. The word "grievance" wherever used in this Agreement shall mean any difference between the City and the Union or any officer with regard to the interpretation, application, or violation of any of the terms and provisions of this Agreement. b. An officer will not be required to be represented by a Union steward at any grievance hearing. A steward shall have the right to be present for the purpose of ascertaining whether or not the issue involved has any application to the Union generally or to other officers who have not filed a grievance. The Union shall have the right to designate four (4) stewards and four (4) alternate stewards for the purpose of representing officers in the investigation and presentation of grievances. The Union shall be given written notice to the City Manager and Chief of Police the names and address of stewards and alternate stewards for the purpose of representing officers. Not more than a total of ten (10) hours per month paid time may be used by the stewards in the resolution of employee grievances. No more than one steward shall represent a grievant at any one grievance hearing. Grievance procedures occurring on duty time will be scheduled so as not to interfere with assigned police work. 17 sf3 0 Permission to process grievances will not be unreasonably denied. C. An officer shall use this grievance procedure, except where otherwise provided by law, for the resolution and determination of disputes which arise under the terms and conditions of this Agreement. If an officer proceeds beyond Step 3 of Section 2 of this Article XXVI in connection with any grievance, such action shall constitute an election by said officer to proceed under the terms of this Agreement and shall be a waiver of any other remedy available except as specifically provided by law. d. The grievance procedure shall be available to any officer who is not awarded an increase in salary advancement to which the officer would be entitled by virtue of time in grade. e. Unless a grievance is appealed as hereinafter provided, it shall have no further validity or effect. Unless a response to a grievance is received within the time limitation hereinafter provided (except as otherwise specifically set forth under Step 1), the grievance will be settled in favor of the party not in default of the time limitation except the time limitation referred to in this Article may be extended by agreement of the parties. f. Unless otherwise specifically agreed by the Union and the City, each grievance will be separately heard and determined. g. Steps of the grievance procedure may be waived by mutual consent of the parties. h. The word "day" as used in this Article shall mean working day and shall exclude Saturdays, Sundays, and holidays. Section 2. Procedure. A grievance that may arise shall be pro- cessed and settled in the following manner: a. Step 1. The grievance shall be presented orally for discussion between the officer involved, the steward, and the appropriate City supervisor within five (5) working days after knowledge of the event giving rise to the grievance. The supervisor shall either adjust the grievance or deliver his answer to the aggrieved officer and steward within five (5) working days after such Step 1 conference. In the event no response is received from the supervisor within said five (5) day period, the grievance shall be processed pursuant to Step 2. M b. Step 2. If such grievance is not resolved by Step 1, the aggrieved officer or his steward shall, within five (5) working days following completion of Step 1, present three (3) written copies of such grievance signed by the aggrieved person, one of which shall be filed with the Union, and two (2) copies with the Chief of Police, or his designated representative who shall, within a period of five (5) working days investigate and document the grievance and issue a decision in writing thereon. The grievance shall contain a statement from the officer specifying what relief or remedy is desired, but such statement shall not bar any rights of the officer or limit the remedy to which he is entitled. The Union shall be furnished with a copy of such decision at the time it is issued. C. Step 3. A grievance not adjusted by the Chief at Step 2 may be submitted by the grievant or Union to an advisory grievance committee for resolution. The Committee shall consist of not more than five (5) nor less than two (2) representatives of the City and the Union. The Union will convene the Grievance Committee within five (5) days of receiving the Chief's Step 2 response. The City Manager will accept or reject the committee's written recommendation within five (5) days after it is received. d. Step 4. A grievance not adjusted at Step 3 may be submitted by the grievant or the Union to the City Manager or his/her designee within five (5) working days of the completion of Step 3 or within fifteen (15) days of receipt of the Chief's Step 2 response if no meeting is scheduled. The City Manager will investigate and respond to the grievant within ten (10) working days and meet personally with the grievant and steward if such a meeting is requested in writing. e. Arbitration. A grievance not adjusted at Step 4 may be submitted to a neutral third party for binding arbitration. A request for arbitration must be submitted in writing and signed by the grievant within fifteen (15) working days following receipt of the City Manager's Step 4 response. Copies of any such request will be furnished to the City and to the Union. Except as otherwise provided, the cost of arbi- tration shall be divided equally between the parties. Each party shall bear the cost of preparing and pre- senting its own case and either party desiring a record of the proceedings shall pay for the record and make a copy available without charge to the arbitrator. The cost of a certified court reporter, 19 7f f V if requested by the arbitrator, shall be divided between the parties. If an officer insists upon arbitration against the advice and consent of the Union, said member shall be responsible for that portion of the costs which would otherwise be paid by the Union. The arbitration proceeding shall be conducted by an arbitrator to be selected by the City and the officer within seven (7) working days (excluding Saturday and Sunday) after notice has been given. If the parties fail to select an arbitrator, a request shall be made to the Federal Mediation and Conciliation Service to provide a panel of five (5) prospective arbitrators. Both the City and the officer shall have the right to strike two names from the panel. The party requesting arbitration shall strike the first name; the other party shall then strike one (1) name. The process will be repeated and the remaining person shall be the arbitrator. The decision of the arbitrator shall be issued within thirty (30) days after conclusion of the hearing and shall be final and binding upon the parties. The rules of evidence and the nature of conduct required during the arbitration hearing shall be in accordance with all state and federal legislation, rules and regulations applicable. Arbitration hearings shall be open to the public unless the parties otherwise mutually agree. Section 3. Administration Conferences. a. The conference group shall consist of no more than ten (10) people, five (5) of whom shall be appointed by the City and five (5) of whom shall be appointed by the Association. At least two (2) representatives from each party will attend any meeting. b. The purpose of the conference shall be to provide a forum for the discussion of issues of interest to both parties. No conference resolution or recommendation will be contrary to the terms of this agreement. The City will release from duty not more than two (2) officers for not more than two (2) hours for time spent in conference. C. A conference shall be held at least once every sixty (60) days unless the parties mutually agree otherwise. These meetings shall be held in City facilities, if available. d. All health and safety matters and equipment shall be a proper topic for consideration at administrative conference. A representative of the Association and 20 1 the City shall exchange agendas for items for consideration at least three (3) days in advance. ARTICLE XXVII FFECTIVE PERIOD Section 1. This Agreement shall be effective July 1, 1980, and shall continue through June 30, 1981. Thereafter, this Agreement shall continue from year to year unless written notice to change or modify it is served by either party prior to September 15 of the year preceding the expiration date of this Agreement or any extension thereof. ARTICLE XXVIII COMPENSATION Section 1. Commencing July 1, 1980, the City shall increase the pay of officers pursuant to the following schedule: A fourteen (14%) across the board raise based on the June 30, 1980 salary. Section 2. Longevity Pay. Permanent employees who have completed the required number of years of continuous service with the City by December 1 shall receive longevity pay on the last pay check in November in accordance with this schedule: YEARS COMPLETED ON DECEMBER 1 AMOUNT 5 years $200.00 10 years $275.00 15 years $375.00 20 years $475.00 Section 3. Shift Differential. Officers working the 3 to 11 shift on a regular basis will receive five (5) cents per hour on top of their normal wage for all hours worked from 3 p.m. to 11 p.m. Officers working the 11 to 7 shift on a regular basis will receive ten (10) cents per hour on top of the normal wage for hours worked from 11 p.m. to 7 a.m. Officers working overtime will continue to receive shift differential at the same rate as their normal duty hours. Section 4. Equalization of Benefits. If either the shift differential or longevity pay is increased in any other bargaining unit, the same increase will be granted to the Iowa City Police Patrolmans' Association. 21 J13 02, r ARTICLE XXIX PUBLIC EMERGENCY Section 1. The provisions of this Agreement may be suspended by the City Council during the period of a declared public emergency. ARTICLE XXX GENERAL CONDITIONS Section 1. This Agreement shall be construed under the laws of the State of Iowa. Section 2. Whenever the context of this Agreement permits, the masculine gender includes the feminine or masculine, the singular number includes the plural, and reference to any party includes its agents, officials, and employees. Section 3. Both parties affirm that the provisions of this Agreement shall be applicable to all officers regardless of race, color, religion, sex, age or ethnic background. Section 4. In the event any provision of this Agreement is held invalid by any court of competent jurisdiction or by virtue of the enactment or promulgation of any legislative authority which has application to this Agreement, the said provision shall be considered separable and its invalidity shall not in any way affect the remaining provisions of this Agreement. In the event of any such occurrence and notwithstanding anything to the contrary herein, the parties agree that the subject covered by any invalid provision shall be opened for renegotiation within a period of thirty (30) days following the occurrence of such event. Section 5. Waiver. This Agreement supercedes and cancels all previous agreements between the City and the Union and constitutes the entire agreement between the parties. 22 qW RESOLUTION NO. 80-2 RESOLUTION AUTHORIZING AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE IOWA CITY POLICE PATROLMEN'S ASSOCIATION, TO BE EFFECTIVE JULY 1, 1980 THROUGH JUNE 30, 1981. WHEREAS, the City of Iowa City, Iowa, (hereinafter the City) and the Iowa City Police Patrolmen's Association, (hereinafter the Union), through their designated bargaining representatives, have negotiated a tentative collective bargaining agreement to be effective July 1, 1980, through June 30, 1981, a copy of which Agreement is attached to this resolution as "Exhibit A" and by this reference made a part hereof, and WHEREAS, the Union has approved the Agreement by a vote of its membership, and WHEREAS, the City desires to approve the Agreement, finding that it will promote efficient municipal operations, thereby providing residents of the community with municipal services; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The above -referenced Agreement between the City and the Union is hereby approved by the City. 2. The Mayor is hereby authorized and directed to sign, and the City Clerk to attest, the Agreement. It was moved by Erdahl and seconded by Perret 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 17thday of June 1980. AYOR ATTEST: CITY CLERK / Rece'rvcx! R Pp., •- S 6 -ll-Po Section 6. Anticipated Changes. The City shall give the Union as much advance notice as possible of any major change of working conditions. CITY OF IOWA CITY IOWA CITY POLICE PATROLMEN'S ASSOCIATION to I ATTEST: 01V � 1) 23 MEN W X33 If RESOLUTION NO. 80-235 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: Needs, Inc. dba Needs, 18 S. Clinton (renewal) Said approval shall be st hereafter imposed by ordi The City Clerk shall be endorsed upon the appl with the license fee, suz documents required to the It was moved by Nei that the Resolution as re were: Balmer AYES: x Lynch x Erdahl x Neuhauser x Perret x Roberts x Vevera x Passed and approved IESOLUTION NO. 80-236 RESOLUTION APPROVING CLASS "B" BEER PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class "B" Beer Permit Application is hereby approved for the following named person or persons at the following described location: House of Submarines, Inc. dba House of Submarines, 12 S. Dubuque St. (renewal) 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 be endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by Neuhauser and seconded by Vevera that the Resolution as read -Fe adopted, and upon ro E—all there were: I AYES: NAYS: ABSENT: Balmer x Lynch x Erdahl x Neuhauser x Perret x Roberts x Vevera x Passed and approved this 1st day of July , 19 80 Cif y Clerk lb�a7azi RESOLUTION NO. 80-237 RESOLUTION OF APPROVAL OF CLASS B SUNDAY PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class B Sunday Permit application is hereby approved for the following named person or persons at the following described location: House of Submarines, Inc. dba House of Submarines, 12 S. Dubuque St. Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance of state law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, bond, and all other information or docu- ments required to the Iowa Beer and Liquor Control Department. It was moved by Neuhauser and seconded by Vevera that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Balmer x ch x Erdahl x Neuhauser x Perret x Roberts x Vevera x Passed and approved this 1st day of July , 19 80 a .or Attest: City Clerk - A4.3 d lerk A43r /GG�o.��Bci RESOLUTION NO. 80-238 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: Don -Jay Services, Inc. dba First Ave. Kerr-Mcgee, 2229 Muscatine (renewal) 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 Neuhauser and seconded by Vevera that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Balmer x Lynch x Erdahl x Neuhauser x Perret x Roberts x Vevera x Passed and approved this 1st day of July , 1980. ' ill Attest: City Clerk z13? RESOLUTION NO. 80-239 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: Don -Say Services, Inc. dba First Ave. Kerr-Mcgee, 2229 Muscatine 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 Neuhauser and seconded byyevera that the Resolution as read be adopted, and upon roll call there were: Balmer AYES: NAYS: x Lynch x Erdahl x Neuhauser x Perret x Roberts x Vevera x Passed and approved this 1st 19 80 . ABSENT: day of July / &.3, RESOLUTION NO. 80-240 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: MCRO, Inc. dba Whiteway Super Market, 212 S. Clinton 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 Neuhauser and seconded by Vevera that the Resolution as read be adopted, and upon roll call there were: Balmer Lynch Erdahl Neuhauser Perret Roberts Vevera AYES: NAYS: ABSENT: x Passed and approved this 1st day of Attest: OJL- City Clerk July , 1980 RESOLUTION NO. 80-241 RESOLUTION TO ISSUE CIGARETTE PERMITS WHEREAS, the following firms and persons have made appli- cation and paid the mulct tax required by law for the sale of cigarettes and cigarette papers; therefore, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the applications be granted and the City Clerk be and he/she is hereby directed to issue a permit to the following named persons and firms to sell cigarette papers and cigarettes: See Attached List It was moved by Neuhauser and seconded by Vevera that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Balmer X Lvnch X Erdahl X Neuhauser X Perret X Roberts X Vevera X Passed and approved this 1st day of July 19 80 Attest: OAC 2�LL City Clerk W44a DATE July 1, 80 1st. Ave. Kerr-McGee, 2229 Muscatine Ave. Harry's Dodge Street DX, Inc., 605 North Dodge Osco Drug 11826, 120 E. College Applegates Landing, 1411 S. Gilbert (Hawkeye Amusement) Yen Ching Restaurant, 1515 Mall Dr. (Hawkeye Amusement) Gringos Restaurant, 115 College St. (Hawkeye Amusement) E1 Fronterizo Restaurant, 1200 Gilbert Crt. (Hawkeye Amusement) Field House, 111E.College (Hawkeye Amusement) Godfather's Pizza, 531 Hwy 1 West (Hawkeye Amusement) Gilbert St. Tap, 1134 S. Gilbert St. (Hawkeye Amusement) Highlander Motor Inn, Hwy 1 & I-80 (Hawkeye Amusement) Highland Ave. DX, 1310 S. Gilbert (Hawkeye Amusement) Howard Johnson's Motel, Hwy 1 & I-80 (Hawkeye Amusement) Kane's Depot, 114 Wright (Hawkeye Amusement) Mayflower Apts., 1110 N. Dubuque (Hawkeye Amusement) Mill Restaurant, 120 E. Burlington (Hawkeye Amusement) Plamore Lanes, 1555 First Ave. (Hawkeye Amusement) Mumm's Saloon, 21 W. Benton (Hawkeye Amusement) Smith & Co., 1210 Highland Crt. (Hawkeye Amusement) Taco Grande, 331 E. Market (Hawkeye Amusement) Towncrest Inn, 1011 B Arthur St. (Hawkeye Amusement) Towncrest Texaco, 2301 Muscatine Ave.(Hawkeye Amusement) Time Out Restaurant, 1220 Hwy 6 W (Hawkeye Amusement) Montgomery Wards, Wardway Plaza (Hawkeye Amusement) Westinghouse, Hwy 1 & I-80 (Hawkeye Amusement) Woodfields, 223 E. Washington (Hawkeye Amusement) On Iowa, 630 Iowa Ave. (Hawkeye Amusement) Deadwood, Inc., 6 S. Dubuque Best Steak House, 1 S. Dubuque Sinclair Marketing, Inc., 731 S. Riverside Dr. Sinclair Marketing, Inc. Hwy 1 N. & I-80 The Nickelodeon, 208 N. Linn Sheriff's Office, 400 S. Clinton (Federal Bldg.) Federal Bldg. Snack Shop, 400 S. Clinton (Post Office) Whiteway Super Market, 212 S. Clinton Tuck's Place, 210 N. Linn Randall's Mini -Priced Foods, 1851 Lower Muscatine Iowa Memorial Union, Iowa Memorial Union Finkbine Golf Course, Iowa Memorial Union Iowa City Moose Lodge 111096, P.O. Box 26 Towncrest DX, Inc., 2611 Muscatine Ave. Watt's Food Market, 1603 Muscatine Ave. Carson City, 505 E. Burlington (Regal Vending) The Sanctuary, 405 S. Gilbert (Regal Vending) Copper Dollar, 211 Iowa Ave. (Regal Vending) Wilkes, 122 Wright Street (Regal Vending) Lakeside Apartments, 2401 Hwy 6 East (Regal Vending) Sycamore Eating & Drinking Co., The Mall (Regal Vending) Ken's Pizza, 1950 Lower Muscatine (Regal Vending) H & D Tap, 800 S. Dubuque (Regal Vending) American Legion 1117, 3016 American Legion RD. (Regal Vending) Ken's Hardware Store, Hwy. 1 West (Regal Vending) Rossie's Cafe, 329 S. Gilbert (Regal Vending) Knights of Columbus, 328 E. Washington (Regal Vending) Big 10 DX, 513 S. Riverside Dr. (Regal Vending) Senor Pablos, 830 1st Ave. Gunners Lounge, 1310 Highland Ave. Ct. Veteran of Foreign Wars Post X13949, 606 Drugtown !#1, 501 Hollywood Blvd. The Field House, 111 E. College —6/,014 V.F.W. 112581, 1012 S. Gilbert St. Maxwell's, 121 East College St. Doc's Standard, Inc., 801 S. Riverside July 1, 1980 page 2 (Regal Vending) (Regal Vending) Hwy 6 West (Regal Dr. Vending) T KOZ, RESOLUTION NO. 80-2 RESOLUTION SETTING PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE MERCER PARK CONCESSION/RESTROOM BUILDING DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECT- ING CITY ENGINEER TO PLACE SAID PLANS, ETC., ON FILE FOR PUBLIC INSPECTION. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That a public hearing on the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project is to be held on the I5 ay of July , 19s_, at 7:30 P.M. in the Council Chambers, Civic Center, Iowa City, Iowa. 2. That the City Clerk is hereby authorized and directed to publish notice of the public hearing for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the city, not less than four (4) nor more than twenty (20) days before said hearing. 3. That the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project are hereby ordered placed on file by the City Engineer in the office of the City Clerk for public inspection. It was moved by Neuhauser and seconded by Vevera that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: x x x x x x x ABSENT: Balmer Erdahl Lynch Neuhauser Perret Roberts Vevera Passed and approved this 1st ATTEST: day of Ju ME Council Member Neuhauser introduced the following Resolution entitled "RESOLUTION FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF $2,570,000 GENERAL OBLIGATION BONDS (FOR AN ESSENTIAL CORPORATE PURPOSE) OF IOWA CITY, IOWA, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF", and moved that the same be adopted. Council Member Vevera seconded the motion to adopt. The roll was called and the vote was, AYES: Balmer, Erdahl, Lynch, Neuhauser, Perret, Roberts, Vevera. NAYS: None Whereupon, the Mayor declared the resolution duly adopted as follows: 80-243 RESOLUTION FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF $2,570,000 GENERAL OBLIGATION BONDS (FOR AN ESSENTIAL CORPORATE PURPOSE) OF IOWA CITY, IOWA, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF WHEREAS, it is deemed necessary and advisable that the City of Iowa City, Iowa, should issue General Obligation Bonds to the amount of $2,570,000, as authorized by Section 384.25, of the City Code of Iowa, for the purpose of providing funds to pay costs of carrying out an essential corporate purpose project as hereinafter described; and WHEREAS, before said bonds may be issued, it is necessary to comply with the provisions of said Code, and to publish a notice of the proposal to issue such bonds and of the time and place of the meeting at which the Council proposes to take action for the issuance of the bonds and to receive oral and/or written objections from any resident or property owner of said City to such action; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: -2- AHLERS. COONEY. DORWEILER. HAYNIE & SMITH. LAWYERS. DES MOINES. IOWA Section 1. That this Council meet in the Council Chambers, Civic Center, 410 E. Washington Street, Iowa City, Iowa, at 7;30 o'clock p .M., on the 15 day of July , 1980, for the purpose of taking action on the matter of the issuance of $2,570,000 General Obligation Bonds for an essential corporate purpose of said City, the proceeds of which bonds will be used to provide funds to pay costs of the construction of street improvements, sanitary sewers and wastewater treatment facilities including the River Corridor Trunk Sewer, Wastewater Treatment Facility, Sanitary Sewer Evaluation Study, Scott Boulevard - Phase I and South Gilbert Street Projects. Section 2. That the Clerk is hereby directed to cause at least one publication to be made of a notice of said meeting, in a legal newspaper, printed wholly in the English language, published at least once weekly, and having general circulation in said City, said publication to be not less than four clear days nor more than twenty days before the date of said public meeting on the issuance of said bonds. Section 3. The notice of the proposed action to issue said bonds shall be in substantially the following form: - 3- AHLERS, COONEY. DORWEILER. HAYNIE d SMITH. LAWYERS. DES MOINES. IOWA TTLL 'S PASSED AND APPROVED this 1st day of Jul 1980. ATTEST: Claa, erk M or -5- AHLERS. COONEY, DORWEILER. HAYNIE S SMITH. LAWYERS. DES MOINES. IOWA dy Y -/v NOTICE OF MEETING OF THE COUNCIL OF THE CITY OF IOWA CITY, IOWA, ON THE MATTER OF THE PROPOSED ISSUANCE OF $2,570,000 GENERAL OBLIGATION BONDS (FOR AN ESSENTIAL CORPORATE PURPOSE) OF SAID CITY, AND THE HEARING ON THE ISSUANCE THEREOF PUBLIC NOTICE is hereby given that the Council of the City of Polk City, Iowa, will hold a public hearing on the 15th day of July , 1980, at 7:30 o'clock —P M., in the Council Chambers, Civic Center, 410 E. Washington Street, Iowa City, Iowa, at which meeting the Council proposes to take additional action for the issuance of $2,570,000 General Obligation Bonds for an essential corporate purpose of said City, in order to provide funds to pay costs of the construction of street improvements, sanitary sewers and wastewater treatment facilities, including the River Corridor Trunk Sewer, Wastewater Treatment Facility, Sanitary Sewer Evaluation Study, Scott Boulevard - Phase I and South Gilbert Street Projects. At the above meeting the Council shall receive oral or written objections from any resident or property owner of said City, to the above action. After all objections have been received and considered, the Council will at this meeting or at any adjournment thereof, take additional action for the issuance of said bonds or will abandon the proposal to issue said bonds. This notice is given by order of the Council of Iowa City, Iowa, as provided by Section 384.25 of the City Code of Iowa. Dated this 3rd day of July , 19$0. City Clerk of Iowa' City, Iowa (End of Notice) -4- AHLERS. GOONEY. DORWEILER. HAYNIE & SMITH. LAWYERS. CES MOINES. IOWA *V-, (This Notice to be posted) NOTICE AND CALL OF PUBLIC MEETING Governmental Body: The City Council of Iowa City, Iowa. Date of Meeting: July 1 1980 Time of Meeting: 7:30 P.M. Place of Meeting: Council Chambers, Civic Center, 410 E. Washington Street, Iowa City, Iowa. PUBLIC NOTICE IS HEREBY GIVEN that the above mentioned governmental body will meet at the date, time and place above set out. The tentative agenda for said meeting is as follows: $2,570,000 General Obligation Bonds. - Resolution fixing date for a meeting on the proposition to issue. Such additional matters as are set forth on the addi- tional 4 page(s) attached hereto. (number) This notice is given at the direction of the Mayor pursuant to Chapter 28A, Code of Iowa, and the local rules of said governmental body. �a "/�x' > Clerk, Iowa City, owa Posted �la71, 1 Removed AHLERS. COONEY. DORWEILER. HAYNIE 6 SMITH. LAWYERS. DES MOINES. IOWA r4 RESOLUTION NO. 80-244 RESOLUTION ACCEPTING THE WORK CURB RAMP PROGRAM - 1979 WHEREAS, the Engineering Department has recommended that the im- provement covering the CURB RAMP PROGRAM - 1979 as included in a contract between the City of Iowa City and STREB CONSTRUCTION CO., INC. of IOWA CITY, IOWA dated OCTOBER 3, 1980 , be accepted, AND WHEREAS, the Council finds the improvement is in place and does comply with the requirements for such improvements, AND WHEREAS, maintenance bonds have been filed, NOW THEREFORE, BE IT RESOLVED by the City Council of Iowa City, Iowa, that said improvements be hereby accepted by the City of Iowa City, Iowa. It was moved by Neuhauser and seconded by Vevera that the resolution as read be adopted,- and upon roll call there were: AYES: NAYS: ABSENT: Balmer x Erdahl x Lynch x Neuhauser x Perret x Roberts x Vevera x Passed and approved this 1st day of July lg 80 ATTEST: By The Daparlment 4t44% CITY OF IOWA CITY CIVIC CENTER 410 E. WASHINGTON ST. Honorable Mayor and Iowa City Iowa IOWA CITY IOWA 52240 (319) 354.180 ENGINEER'S REPORT June 25, 1980 City Council Dear Honorable Mayor and Councilpersons: 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 City. The required maintenance bond is on file in the City Clerk's office. Curb Ramp Program - 1979 as constructed by Streb Construction Co., Inc. of Iowa City, Iowa. I hereby recommend that the above mentioned improvements be accepted by the City of Iowa City. Respectfully submitted, Charles J. chmadeke, P.E. City Engineer fz SO V RESOLUTION NO. 80-245 RESOLUTION APPROVING PRELIMINARY AND FINAL PLAT OF RESUBDIVISION OF PORTIONS OF BLOCKS 5 AND 6 OF BRAVERMAN CENTER PART I & PART 2 WHEREAS, the owner, Southgate Development Company, Inc., has filed with the City Clerk of Iowa City, Iowa, a preliminary and final plat of resubdivision of portions of Blocks 5 and 6 of Braverman Center, Parts 1 and 2, Iowa City, Iowa, and WHEREAS, dedications are required and have been submitted, and WHEREAS, an agreement has been entered into between the City and Southgate Development Company, Inc. whereby Sou t9gate shall construct concrete paving, water mains, storm sewers and sanitary sewers within its subdivision, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the Mayor be directed to execute a Vacation Agreement with Southgate Development Company, Inc. in accordance with Sections 409.19 of the 1979 Code of Iowa to vacate a portion of the subdivision entitled Braverman Center, Parts 1 and 2, Blocks 5 and 6 recorded in Book 8, Page 69, in the Johson County Recorder's Office. 2. That the preliminary and final plat of the resubidivison of portions of Blocks 5 and 6 of Braverman Center Part I are hereby approved. 3. That, upon compliance with the provisions of Chapter 409 of the Code of Iowa by the owner, the City Clerk is hereby authorized and directed to certify a copy of this resolution to the office of the County Recorder of Johnson County, Iowa, after final passage and approval as authorized by law. It was moved by Vevera and seconded by Roberts the Resolution 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 1st day of July 1980. Al OR ATTEST: On CITY CLERK Reaelved a Approved ®y Th® Legal Depsonve M _94 b=v ram 4/s-/ AGREEMENT WHEREAS, Southgate Development Company, Inc., is the Developer of the Resubdivision of portions of Blocks 5 and 6 of Braverman Center Part 1, an Addition to the City of Iowa City, Iowa, according to the recorded Plat thereof, and WHEREAS, the City Council and the Planning and Zoning Commission of Iowa City, Iowa, have required, as a condition of the approval of said subdivision, that the Developer shall improve Boyrum Street by paving the street 36 feet wide, back-to-back of the curb, respectively, and WHEREAS, the City Council and the Planning and Zoning Commission of Iowa City have required, as a condition of the approval of the subdivision, that the Developer install paving 36 feet wide on Boyrum Street, and WHEREAS, the City of Iowa City has agreed to reimburse the Developer for the cost of the improvement which is in excess of 28 feet in width and the cost has been determined to be less than Ten Thousand Dollars ($10,000), and that no bids are required, pursuant to Chapter 384 of the Code of Iowa, and the City of Iowa City has determined that the cost of $14.69 per square yard, but not to exceed four thousand five hundred dollars ($4,500.00) is a fair and reasonable price for the cost of the additional pavement required. IT IS THEREFORE AGREED, by and between the parties as follows: 1. That the Developer shall pave Boyrum Street in accordance with the ordinances and specifications of the City of Iowa City, Iowa. 2. That upon completion of the paving improvement, the acceptance of the work and the street by the City of Iowa City, that the City of Iowa City shall pay to the Developer, the sum of $14.69 per square yard, but not to exceed four thousand five hundred dollars ($4,500.00) as full payment for its share of the improvement in excess of the width of 28 feet. 3. It is agreed between the parties that all work performed pursuant to this agreement shall comply with all ordinances and specifications of the City of Iowa City and statutes of the State of Iowa. Dated at Iowa City, Iowa, this 304--4 day of)_4 A A.D., 1980. CITY OF IOWA CITY ATTEST:�kdBY City Clerk DEVELOPMENT COMPA INC. 447 ATTEST: STATE OF IOWA ) SS JOHNSON COUNTY ) R. Balmer Iowa City, Mayor l- -> --- City Clerk On this _ f NL., day of _ ����_ _ _, 1980, before me, the undersigned, a Notary Public in and for said County, in said State, personally appedred John R. Balmer and Abbie Stolfus, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said corporation executing the within and foregoing instrument of which this is attached; that said instrument was signed on behalf of said corporation by authority of its Board of Directors; and that the said John R. Balmer and Abbie Stolfus as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation by it and by them voluntarily executed. — Notkry Public in and for Johnson County, Iowa VACATION AGREEMENT WHEREAS, Southgate Development Company, Inc. is the owner of the real estate described as follows: A portion of Blocks 5 and 6 of Braverman Center described as: Commencing at the SE corner of the SW':, SEq of Section 15, T79N, R6W, of the 5th P.M.; thence S 1' 36'00"W, 24.11 feet; thence S 88' 24'00"E, 124.29 feet; thence S 0' 26'20"W, 102.33 feet; thence N 89' 33'40"W, 65.64 feet; thence S 0' 26'20"W, 56.47 feet to the point of beginning: thence S 0° 26'20"W, 34.53 feet; thence S 89' 33'40"E, 65.64 feet; thence S 0' 26'20"W, 290.47 feet; thence N 89* 33'40"W, 264.10 feet to the SE corner of Lot 5 Block 6 of Braverman Center; thence N 0° 26'20"E, 150.00 feet; thence N 89' 33'40"W, 245.90 feet; thence S 0° 26'20"W, 150.00 feet; thence N 89° 33'40"W, 360.00 feet to the SE corner of Lot 13 Block 5 of Braverman Center; thence N 0° 26'20"E, 150.00 feet; thence N 89' 33'40"W, 150.00 feet; thence N 0' 26'20"E, 175.00 feet; thence S 890 33'40"E, 954.36 feet to the point of beginning. Said tract contains 6.19 Acres, more or less. WHEREAS. no lots have been sold within the above-described real estate, and WHEREAS, it is in the public interest to vacate the above-described portion of the subdivision plat entitled Braverman Center Part 2, recorded in Book , page in the Office of the Johnson County Recorder. NOW, THEREFORE, IT IS HEREBY AGREED by and between the parties that the above-described portion of the subdivision plat entitled Braverman Center Part 2 is hereby vacated in accordance with Section 409.19 of the 1979 Code of Iowa. STATE OF IOWA ) ) SS JOHNSON COUNTY ) On this © day of 1980, before me, the undersigned, a Notary Public Vn and for said County, in said State, personally appearedand to me pe#onally known, who, bein by me duly sworn, d d say that they are the AV /I and respectively, of said corporation executing the within and forJagoing instrument to which this is attached; that said instrument was signed on behalf of said corporation by authority of its `rd of� Directors; and that the saidand as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. /) n FRANK C. SLADEK Notary Public in and for MY CO ISSION ExPIRES Johnson County, Iowa 'P'v -2 - BY n R. Balmer Iowa City, Mayor ATTEST: City Clerk STATE OF IOWA ) SS JOHNSON COUNTY ) On this day of 1980, before me, the undersigned, a Notary Public and for said County, in said State, personally appeared John R. Balmer and Abbie Stolfus, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said corporation executing the within and foregoing instrument of which this is attached; that said instrument was signed on behalf of said corporation by authority of its Board of Directors; and that the said John R. Balmer and Abbie Stolfus as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation by it and by them voluntarily executed. of ry Public in and for J nson County, Iowa 4Z l SUBDIVIDERS AGREEMENT THIS AGREEMENT is executed by Southgate Development Company, Inc., the owner and subdivider hereinafter called the "Subdivider", and the City of Iowa City, Iowa, a municipal corporation, hereinafter called the "City". IT IS HEREBY AGREED: Section I Consideration In consideration of the approval of the proposed resubdivision of portions of Blocks 5 and 6 of Braverman Center Part 1 and Part 2 by the City, the Subdivider agrees that the City shall not issue any building permits within the subdivision until concrete paving 28 and 36 feet in width, as shown on the plat, water mains, storm sewers and sanitary sewers have been installed pursuant to the Subdivision Ordinance to service the lots in question. Section II Construction of Imorovements A11 improvements shall be constructed by the Subdivider in accordance with the plans and specifications of the City. The City Engineer or his designee shall make occasional inspections of the work in progress; however, the inspections shall not relieve the subdivider of the responsibility to construct the improvements in compliance with all applicable regulations. Section III Buildina Permit and Escrow Account In the event that the subdivider should desire a building permit for any lot for which certain improvements have not been installed, the Subdivider shall deposit in escrow with the City Clerk an amount equal to the cost of the improvements plus ten percent, as determined by the City Engineer. Upon deposit of the escrow, the Building J1 9,J T Jf Inspector shall issue a building permit, provided the applicant complies with all other ordinances. Section IV Certificate of Occupancy Prior to the issuance of a certificate of occupancy for any building erected pursuant to Section III, the City may require the subdivider to construct the improvements required by Section I Section V Escrow Account If, after the issuance of the certificate of occupancy, the improvements have not been installed, the City may expend the funds in escrow to construct the improvements. Should the cost of construction exceed the amount in escrow, the City shall have a lien against the lot abutting the improvement. Any balance remaining in the escrow account after the completion of the improvements shall be refunded to the subdivider. Section VI Waiver In addition to the procedures provided herein, the City may construct improvements by special assessment in accordance with the procedures of Chapter 384 of the Code of Iowa. The Subdividers waive any objections to notice or to the resolution of necessity pertaining to the installation of such improvements, and they expressly waive any objections based upon the percentage of value of value which any assessment may not exceed. Once the improvements have been satisfactorily installed, the City shall immediately file appropriate releases in the office of the Johnson County Recorder. Section VII It is agreed that the City need not provide municipal services, including street maintenance, snow removal, or refuse collection to the subdivision until pavement has been installed. Section VIII The provisions hereof shall inure to the benefit of and bind the successors and assigns of the respective parties hereto, and all covenants shall apply to and run with the land. Dated this �`p day of 1980 at Iowa City, Iowa. CITY OF IOWA CITY: ��`t1 YpR A1iEST: OILL CITY CLERK M M STATE OF IOWA ) ) SS JOHNSON COUNTY ) E DEVJE�LOPMENT COMPANY, INC.: On this 7' CJ day of_ 1980, before me, the undersigned, a Notary Public i and for said County and State, personally appeared ALe , to me known to be the identical persons named in and who executed the within and foregoing instrument and acknowledged that they executed the same as their voluntary act and deed. M] •. =CLADPEKM Notary Public in and for said County and State — 7� DEDICATION OF RESUBDIVISION OF PORTIONS OF BLOCKS 5 & 6 OF BRAVERMAN CENTER PART 1 KNO1.7 ALL MEN BY THESE PRESENTS: That Southgate Development Company, Inc. does hereby certify and state that they are the o%-mcrs and proprietors of the following described real estate situated in Johnson County, Iowa, to wit: A portion of Block 5 of Braverman Center described as: Beginning at the NE corner of Lot 6 Block 5 of Bravo, -.an Center, said point being the SE corner of the Si,'' SES of Section 15, T79N, R61%'> of the 5th P.M.; thence S 1° 36' 00" W, 24.11 feet; -thence S ° 24 00" E, 124.2.9 feet; thence S 0 26' 2.0" W, 102.33 feet; thence N 8�° 33' 40" W, 65.64 feet; thence S G 26' 20" W, 56.47 feet; -thence N 8 ° 33' 40" 1,I, 954.36 feet; thence N 0 26' 20" E, 168.40 feet to the NE corner.of Lot 16 Block 5 Braverman Center, said p8int being on the south line of Section 15; thence N 89 21' 15" E, S96.48 feet to the point of beginning. Said tract contains 4.01 Acres, more or less. That the subdivision of said real estate as it appears on the plat to which this certification and dedication is attached is with their free consent and in accordance with the desire of the proprietors. The streets in said subdivision are hereby dedicated to the public as provided by Chapter 409 of the 1979 Code of Ioe:a. IN WITNESS I%THEREOF, the proprietors have caused these presents to be signed on this 'b o day of �� 1980. STATE OF IOWA ) ) SS: COUNTY OF JOHNSON ) On this -b, 0 day of 1980, before me, the undersigned, a Notary Vublic in and for said County, in s2io St to personally appeared YYu-yiD_� /�iw�-�----� and 00 , to me personally known, aho ng by me duly sworn, did say that they are the _aj and � " respectively oY said corporation executing tie within and foregoing in- strument to which this is attached; that said instru,,cnt \ras signed on behalf of said corporation by authority of its Board of Directors; and that the saidVlAa,( �-�-�-- and Rx� - as such officers acknowl- edged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. FRAPIK C. SLADEK MY MISSION EXP E L APR 2 3 191.q CITY CLERK ;j Notary Public in and for Johnson County, Iowa DC-01CA-MnA) 01- 1( E, SUB D IV] Sl OR 1- }(ESUBDIV]S10N OF PORTI(,:\�S OF FILO, S 5 5 6 OF BRAVER;MJAN C.r...,'ER PART KNOW ALL MEN BY THESE PRESENTS: That Southgate Development Company, Inc. does hereby certify and state that they are the o\:ners and proprietors of the following described real estate situated in Johnson County, Iowa) to wit: A portion of Blocks 5 and 6 of Braverman Center described as: Co:aiencing at the SE corner of the SW,', SE% of Section 15, T7930\" RWI of the 5th P.M.; thence S 1° 36' 00" ld, 24.11 feet; thence S 8§° 24' 00" E, 124.29 feet; thence S 0 26' 20" W, 102.33 feet; thence N 820 33' 40" W) 65.64 feet; thence S 0 26' 20" W, 56.47 feet_to the point of beginning: thence S 0° 26' 20" W, 34.53 feet;. thence S 8$° 33' 40" E, 65.64 feet; thence S 0 26' 20" W) 290.47 feet; thence N 89° 33' 40" W, 264.10 feet to the SE corner of Lot 5 Block 6 of Braverman Center; thence N 0 26' 20" E, 150.00 feet; thence 1d 8$° 33' 40" W1 245.90 feet; thence S 0 26' 20" W, 150.00 feet; thence N 89° 33' 40" W, 360.00 feet to the SE corner of Lot 13 Block 5 of Braverman Center; thence N 0° 26' 20" E, 150.00 feet; thence N 8�° 33' 40" W, 150.00 feet; thence N 0 26' 20" E, 175.00 feet; thence S 89° 33' 40" E, 954.36 feet to the point of beginning. Said tract contains 6.19 Acres, more or less. That the subdivision of said real estate as it appears on the plat to which this certification and dedication is attached is with their free consent and in accordance with the desire of the proprietors. The streets in said subdivision are hereby dedicated to the public as provided by Chapter 409 of the 1979 Code of Iowa. IN WITNESS WE EREOF, the proprietors have caused these presents to be signed on this u APP 2 3 19"'0 CITY CLci;1, day of 1980. Jy STATE OF IOWA ) ) SS: COUNTY OF JOHNSON ) On this *3 O day of1980, before me, the undersigned, a Notary P blic in =n for said County, in sa>rd St te, personally appeared and to me personally known, who, being by me duly sworn, did say that they are the PA09-� and 'respectively of said corporation executing within and foregoing in— strument to which this is attached; that said instrument was signed on behalf of said corporation by authority of its Board of Directors- and that the said -- and R4�" � as such officers acknowl— edoed the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. FRANK C. SLADEK f hsf' MY TMISSION EXPIRES - _a, Notary Public in and for Johnson County, Iowa f i C. ; 4<5'1 STORM SEVIER LASEMENTS This agreement, made and entered into by and between Southgate Development Company, Inc., grantor, which expression shall include agents or assigns, and the City of Iowa City, Iowa, hereinafter referred to as City, which expression shall include their agents or assigns, witnesseth: It is hereby agreed as follows: For the sum of $1.00 plus other valuable consideration, the receipt of which is hereby acknowledged, grantor hereby grants and conveys to City an easement for the purposes of replacement, maintenance and use of storm sewer mains as the City shall from time to time elect for conveying storm sewer with all necessary appliances and fittings for use in connection with said pipe lines, together with adequate protection therefore, as described below: Storm Sewer easements for the Resubdivision of portions of Blocks 5 and 6 of Braverman Center Part 1 Lot 9 Block 5: the northerly 15.00 feet of the westerly 15.00 feet. Lot 10 Block 5: the northerly 15.00 feet. Lot 11 Block 5: the northerly 15.00 feet Grantor further grants to City: Sanitary sewer easements for the Resubdivision of portions of Blocks 5 & 6 of Braverman Center Part 2 Lot 4 Block 5: westerly 15.00 feet Lot 4 Block 6: westerly 15.00 feet of the easterly 60.00 feet Lot 12 Block 5: westerly 5.00 feet 1. The right of grading said strip for the full width thereof and to extend the cuts and fills for such grading into and on said lands along and outside of said line to such extent as City may find necessary; 2. The right to support said lines across ravines and watercourses with such structures as City shall from time to time elect; 3. The right from time to time to trim and cut down and clear away any and all trees and brush now or hereafter on said strip and to trim and to cut down and clear away any trees on either side of said strip which now or hereafter in the opinion of the City may be a hazard to said sewer line or may interfere with the exercise of City's rights hereunder in any manner; provided, however, that all trees which City is hereby authorized to cut and remove, if valuable for timber or wood, shall continue to be the property of grantors, but all tops, lops, brush and refuse wood shall be burned or removed by City; 4. The right of ingress to and egress from said strip over and across said lands by means of roads and lanes thereon, if such there be; otherwise, by such route or routes as shall occasion the least practicable damage and inconvenience to grantors; provided that such right of ingress and egress shall not extend to any portion of said lands which is isolated from said strip by any public road or highway now crossing or hereafter crossing said lands; 5. The right to require installation, maintenance of gates in all fences which now cross or shall hereafter cross said strips; and the right to use said gates; 44-5/ VA 6. the right to mark the location of said strips by suitable markers set in ground; provided that said markers shall be placed in fences or other locations which will not interfere with any reasonable use grantor shall make in said strips. a. City shall not fence said strip; b. City shall promptly backfill any trench made by it on said strip and repair any damage it shall do to grantor's private roads or lanes on said lands. C. City shall indemnify grantors against any loss and damage which shall be caused by the exercise of said ingress and egress, construction, and maintenance or by any wrongful or negligent act, omission of City or of its agents or employees in the course of their employment. Grantors reserve the right to use said strips for purposes which will not interfere with City's full enjoyment of the rights hereby granted; provided that grantors shall not erect or construct any building or other structure, or drill and operate any well, or construct any reservoir or other obstruction of said area, or diminish or substantially add to the ground cover over said pipe lines. Grantors do hereby covenant with City that they are lawfully seized and possessed of the real estate above described; that they have a good and lawful right to convey it, or any part thereof. The provisions hereof shall inure to the benefit of and bind the successors and assigns of the respective parties hereto, and all covenants shall apply to and run with the land. Dated this 'v Q day of D., GRANTORS: uth a e Devel nt Company, Inc. I wa C' y, Iowa nX S1ATE OF IOH'A ) SS: COUNTY OF JOHNSON ) On this 3 rL) day of r� 1980, before me the undersigned, a Notary Public in and r said Count( .n said State, personally appeared �] Qx—, rte.., and � �� ( :�_� to me^ personally known, who, being by me duly sworn, did say that they are the l�LsQ.+�� and , respectively, of said corporation executing the within and f regoing instrument to which this is attached; that said instrument was signed on behalf of said corporation by authority of its Board of Directors; and that the saidand as such officers acknowledged the execu ion of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. FRANK C. SLADEK N public in and for 8. FRANK MY CO IISSION EXPIRES y -3o-SL Johnson County, Iowa #51 OPINION uF ATTORNEY I, Richard Shulman, a regular practicing attorney of Iowa City, Johnson County, Iowa, do hereby certify that I have examined an Abstract of Title to the following described real estate, to -wit: A portion of Block 5 of Braverman Center described as: Beginning at the NE corner of Lot 6 Block 5 of Braverman Center, said point being the SE corner of the SWk SE';, of Section 15, T79N, P61%1, of the 5th P.M.; thence S 1° 36' 00" , 24.11 feet; .thence S 5§0 h' 24' 00" E, 124.29 feet; thence S 0 26' 2.0" 1,', 102.33 feet; thence N S�° 33' 40" 1•', 65.64 feet; thence S 0 26' 20" 1,', 56.47 feet; . thence N S°° 33' 40" W, 954.36 feet; thence N 0� 26' 2.0" E, 165.40 feet to the NE corner.of Lot 16 Block 5 Braverman Center, said print being on the south line of Section 15; thence N 89 21' 15" E, 596.45 feet to the point of beginning. Said tract contains 4.01 Acres, more or less. Y It is hereby certified that fee simple title to said property is in Southgate Development Company, Inc. and that the same is free from encumbrances: •:1 Dated at Ioi•:a Cit;, Iowa this — 5� day of Richard Shulman 1902 Broadway Iowa City, Iowa 52240 < <f `1 CERTIFICATE OF CLERK I, Susan Flaherty, hereby certify that I am the Clerk of the District Court of Johnson County, Iowa, and that the property I escribed as follows, to -wit: A portion of Block 5 of Braverman Center described as: Bcoinning at the NE corner of Lot 6 Block 5 of B)avei:r.an Center, said point being the SE corner of the S1•;; SE of Section 15, T79h, r61d, of the 5th P.M.; thence S 1° 36' 00" W, 24.11 feet; . thence 8 ° ' " S E, 124.29 feet; thence S 0§ 24 00 26' 20" h', 102.33 feet; thence 1. S°° 33' 40" b;, 65.64 feet; thence S 06 26' 20" h', 56.47 feet; . thence N E°° 33' 40" 1,', 954.36 feet; thence A' 06 26' 20" E, 168.40 feet to the NE coiner.of Lot 16 Block 5 Braverman Center, said pSint being on the south line of Section 15; thence N 89 21' 15" E, 896.48 feet to the point of beginning. Said tract contains 4.01 Acres, more or less. and shmm on the attached plat and knoxm and designated as PC -subdivision of portions of Blocks 5 & 6 of Braver -man Center Part 1, Iowa City, I°wa, is free from all judgments, attachments, mechanic's liens or other liens as appears in the records in ny office. Dated at Iowa City, Ioi:a, this _ day of , 1980. Susan5.Flaherty 0 - Clerk of Court, Johnson County, Iowa By i?r_ C• slmn nt =.2 AGGir7 ; I �L FUS CITY CLEn:< 4( CERTIFICATE OF nORDER I, John E. O'Neill, hereby certify that I am the County Recorde of Johnson County, Iowa, and that the title in fee to the property described as follows, to -wit: A portion of Block 5 of Braverman Center described as: Beginning at the NE corner of Lot 6 Block 5 of Bra-.eiMan Center, said point being the SE corner of the S1 -,'-'SE-', of Section 15, T79N3 R61%7, of the 5th P.M.; thence S 1° 36' 00" k', 24.11 feet; _ thence S S§° 24 00" E, 124.29 feet; thence S 0 26' 20" W 102.33 feet; thence X S6° 33' 40" W, 65.64 feet; thence S 0� 26' 2.0" 1,., 56.47 feet; . thence N 820 33' 40" 1..,3 954.36 feet-; thence N 0 26' 20" E, 168.40 feet to the NE corner.of Lot 16 Block 5 Braverman Center, said print being on the south line of Section 15; thence N 89 21' 15" E, 896.48 feet to the point of beginning. Said tract contains 4.01 Acres, more or less. and shown on the attached plat and known and designated as Resubdivision of portions of Blocks 5 & 6 of Braverman Center Part 1, Iowa City, Ioi.a, is free from liens and encumbrances. Dated at Ioi:a City, Iowa this day of 1980. John E. O'Neill Recorder of Johnson County, Iowa Fo ��, D AF;,� _� CIT f C -_i.:, 445-1 CERTIFICATE Oi COUNTY TREASURER I, Donald Krall, hereby certify that I am the County Treasurer of Johnson County, Iowa, and that the property described as follows, to -wit: A portion of Block 5 of Braverman Center described as: Beginning at the NE corner of.Lot 6 Block 5 of Bravei,,.an Center, said point being the SE coiner of the Sl,' SEk of Section 15, T79N, R61%1, of the 5th P.?;.; thence S 1036' 00" W, 24.11 feet; . thence S 8§0 24' 00" E, 124.29 feet; thence S 0 26' 20" Wd 102.33 feet; thence ]C 8°° 33' 40" id, 65.64 feet; thence S 06 26' 20" W, 56.47 feet; . thence N C. 33' 40" W, 954.36 feet; thence N 0 26' 2.0" E, 168.40 feet to the NE corner -of Lot 16 Block 5 Braveim•an Center, said print being on the south line of Section 15; thence N 89 21' 15" E, 596.48 feet to the point of beginning. Said tract contains 4.01 Acres, more or less. and shown on the attached plat and known and designated as Resubdivision of portions of Blocks 5 & 6 of Braverman Center Part 1, Iowa City, lOwa, is free from taxes. Dated at Iowa City, Iowa this tlu day OfQ, , 1980. Donald Krall" County Treasurer, Johnson County RESOLUTION NO 80-246 A RESOLUTION AUTHORIZING AN EXTENSION OF TIME FOR THE FILING OF A FINAL PLAT OF VILLAGE GREEN PART 10 FOR ONE YEAR. WHEREAS, preliminary plat was filed for Village Green Part 10, and WHEREAS, Sec 32-30 of the Code of Ordinances of Iowa City provides that a final plat must be filed within eighteen months of the prelimin- ary plat or the city council must grant an extension of time by resol- ution, and WHEREAS, it is in the public interest to grant an extension of time for Village Green Part 10. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, that Village Green Part 10 is granted an extension of time one year from the effective date of this resolution for the filing of a final plat. It was moved by Roberts and seconded by Vevera that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X John R. Balmer X Erdahl X Lynch X Neuhauser X Perret X Roberts X Vevera Passed and approved this 1st day of Jul 1980. ATTEST:k_1L City Clerk riayur FLE JUN2o41980 %D8IE STOLFUS CITY CLERK �sz 4S3 RESOLUTION NO. 80-24 RESOLUTION APPFUVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE LOWER CITY PARK BIKE TRAIL - FY 81 ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECT- ING CITY CLERK TO PUBLISH NOTICE TO BIDDERS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. WHEREAS, notice of public hearing on the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project was published as required by law, and the hearing thereon held. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project are hereby approved. 2. That the amount of bid security to accompany each bid for the construction of the above-named project shall be in the amount of 10% of the bid payable to Treasurer, City of Iowa City, Iowa. 3. That the City Clerk is hereby authorized and directed to publish notice for the receipt of bids for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the city not less than four (4) nor more than twenty (20) days before the date established for the receipt of bids. 4. That bide for the construction of t by the City of Iowa City, Iowa, at the Office until 10:00 A.M. on the 22nd day of the bids will be opened by the City E e above-named project are to be received of the City Clerk, at the Civic Center, July 1980. Thereafter, gineer , and thereupon referred to the Council of the City of Iowa City, Iowa, for action upon said bids at its next meeting to be held at the Council Chambers, Civic Center, Iowa City, Iowa, at 7:30 P.M. on the 29th day of July , 198 . 4ZS54 Page 2 Resolution No. 80-747 It was moved by Neuhauser and seconded by Perret that the Resolution as rea e�� a3optea, and upon roll ca t ere were: AYES: NAYS: ABSENT: x Balmer x Erdahl x Lynch x Neuhauser x Perret x Roberts x Vevera Passed and approved this 1st day of July 1980 ATTEST: OIL", -j ITY CLERK Received & Approved By The @,gal DepartTent 12Gd 29// a FG t�r5'S RESOLUTION NO. 80-248 EMERGENCY RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO AN AGREEMENT BETWEEN THE CITY OF IOWA CITY AND IOWA COUNTY, IOWA, PROVIDING FOR THE DISPOSAL OF SOLID WASTE MATTER IN THE CITY'S SANITARY LANDFILL. WHEREAS, the City of Iowa City, Iowa operates the sanitary landfill for the disposal of solid waste, and WHEREAS, the County of Iowa is temporarily without approved sanitary landfill sites and requests temporary assistance from the City of Iowa City, and WHEREAS, it is in the public interest that potentially dangerous solid waste be disposed of immediately and properly, and WHEREAS, the Iowa Department Environmental Quality has approved the disposal of in accordance with provided specifications for the City operations; THEREFORE, BE IT RESOLVED BY THE CITY OF IOWA CITY, IOWA: That the Mayor and City Clerk are authorized to sign and attest to an agreement between the City of Iowa City and Iowa County providing for the disposal of solid waste in the City's sanitary landfill, pursuant to specifications, procedures and fees established by the City for the operation of saidlandfill� for a period not to exceed one month. It was moved by Vevera and seconded by Neuhauser that the resolution as read be adopted, and upon roll call there were: AYES: NAYS ABSENT: Balmer Erdahl Lynch Neuhauser Perret Roberts Vevera Passed and approved this 1st day of July 1980. YOR ATTEST: J&d CITY CLERK Received & Approved py Thg L*gal Departmet /z.�✓ 7�/��d ,�eSG Item No. S/ -F CONSIDER A RESOLUTION AUTHORIZING IOWA COUNTY, IOWA TO USE THE CITY'S SANITARY LANDFILL FOR THE TEMPORARY DISPOSAL OF SOLID WASTE. Comment: This resolution is requested for consideration by the Council under the emergency powers of the Council to protect the public health. Shortly before noon on Tugsday, July 1, a representative of the State of Iowa Department of Environmental Quality called the City on behalf of Iowa County to solicit emergency aid from the City to allow Iowa County to dispose of refuse, garbage and other solid waste in the City's sanitary landfill. The request was further made by a member of the Iowa County Board of Supervisors to the City at around noon to consider emergency assistance thus allowing Iowa County additional time to secure a permanent site approved by the Department of Environmental Quality. The Boardmember indicated that a week would be sufficient time to allow the County to secure suitable disposal facilities. Since Iowa County would be obligated to follow prescribed landfill usage procedures, including fees, and since the Department of Environmental Quality has concurred in this request, the staff recommends approval of the resolution. co), f.4_ AGREEMENT THIS AGREEMENT, made and entered into this --� day of July, 1980, by and between the City of Iowa City, a municipal corporation, hereinafter referred to as CITY and County of Iowa County, hereinafter referred to as IOWA COUNTY. WHEREAS, the City of Iowa City, Iowa, operates a sanitary landfill for the disposal of solid waste; and WHEREAS, the County of Iowa is temporarily without approved sanitary landfill sites and requests temporary emergency assistance from the City of Iowa City; and WHEREAS, it is in the public interest that potentially dangerous solid waste be disposed of immediately and properly; and WHEREAS, the Iowa Department of Environmental Quality has approved the disposal of solid waste at the Iowa City landfill in accordance with provided specifications set forth by the City; and WHEREAS, the City Council of Iowa City has authorized execution of an Agreement between the City of Iowa City and Iowa County for Emergency Provisions for Disposal of Solid Waste at its formal meeting held Tuesday, July 1, 1980, in the Iowa City Civic Center. NOW, THEREFORE, IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES: 1. CITY agrees to provide, for consideration, access to and use of the Iowa City landfill, located in Johnson County, Iowa, to IOWA COUNTY for purposes of disposal of solid waste, including but not limited to rubbish, garbage, debris, trash and other matter, for a period not to exceed thirty days from July 1, 1980. However, CITY agrees to provide access only to those users who have been identified as "authorized users" on behalf of IOWA COUNTY, said list to be provided in writing to landfill personnel, care of Don Stoddard. 2. IOWA COUNTY agrees to abide by any and all landfill user procedures noted in the "City of Iowa City Landfill Charge Account Agreement", which Agreement is incorporated by reference herein in full, with the exception of the duration; further, IOWA COUNTY agrees to abide by all federal, state and local laws regarding disposal and hauling of solid waste, and covenants that its users shall not haul, transport, dump or dispose of any hazardous chemical, toxic or any such similar dangerous waste materials to the Iowa City landfill. IOWA COUNTY further agrees to abide by any and all federal, state and local laws and ordinances regarding general conduct. 3. IOWA COUNTY agrees to indemnify and hold harmless the CITY, its agents, officers and employees, for any and all damages incurred as the result of IOWA COUNTY'S negligence, neglect or illegal acts or omissions. 4. IOWA COUNTY agrees that any outstanding billings received from the CITY for landfill use as authorized under this Agreement shall be paid in full to the CITY by IOWA COUNTY within thirty days from issuance of final billings. 5. This Agreement shall terminate upon written notice to the CITY that IOWA COUNTY'S own disposal facilities are in operation; and further, this Agreement may be terminated for good cause shown upon three days' written notice to the other party. In any event, this Agreement for use of the Iowa City landfill shall terminate no later than midnight, August 1, 1980. E This Agreement shall be binding upon the successors and assigns of the parties hereto, provided, however, that no assignment shall be made without the written consent of all parties to said Agreement. Dated this day of "'`- ' 1980. FOR THE CITY: oh R. Balmer, iZ�Mayor— ATTEST: d(. �,_ Marian K. Karr, City tlerlk FOR IOWA COUNTY: Board of Supervisors ATTEST: I a Cou tyAuditor cc: Otto Maas Iowa County Landfill 801 Clinton Avenue Marengo, Iowa 52301 Phone: H-642-3219 City Hall: 642-3232 RESOLUTION NO. 80-249 _ RESOLUTION awARDING CONTRACT AND AUTHORIZI'. .AYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT FOR THE CONSTRUCTION OF THE WASHINGTON STREET BRIDGE DECK REPLACEMENT (INCLUSIVE�— WHEREAS, OLIPHANT ENGINEERING AND CONSTRUCTION has submitted the beet bid for the construction of the above-named project. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the contract for the construction of the above-named project is hereby awarded to OLIPHANT ENGINEERING AND CONSTRUCTTON nF TODDVTIIF_ TOWA_ awardee secure adequate .42 , subject to the condition bond and insurance certificates. 2. That the Mayor is hereby authorized to sign and the City Clerk to attest the contract for the construction of the above-named project, subject to the condition that awardee secure adequate performance bond and insurance certificates. It was moved by Vevera and seconded by Lynch that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Balmer Erdahl Lynch Neuhauser Perret Roberts Vevera Passed and approved this, 1st day of ATTEST: Jul , 1980 44 6 rnNTDArT THIS AGREEMENT, made and entered into this 9 4k.-' day of 19J&L, by and between the City of Iowa City, Iowa party of the first part, hereinafter referred to as the "Owner" and Oliphant Engineering & Construction party of the second part, hereinafter referred to as the "Contractor". IJTTNFCUTP - That whereas the Owner has heretofore caused to be prepared certain plans, specifications and proposal blanks, dated the 8th day of Janu 19 80, for The Washington Street Bridge Deck Ranlarament under the terms and conditions therein fully stated and set,forth, and Whereas, said plans, specifications and proposal accurately, and fully describe the terms and conditions upon which the Contractor is willing to perform the work specified: NOW, THEREFORE, IT IS AGREED: 1. That the Owner hereby accepts the attached proposal of the Contractor for thf work and for the sums listed including all of Alternate 1 plus Alt. 2 items. 2. That this Contract consists of the following component parts which are made a part of this agreement and Contract as fully and absolutely as if they were set out in detail in this Contract: a. Addenda Numbers b. "Standard Specifications for Highway and Bridge Construction", Series of 1977, Iowa Department of Transportation, Highway Division, plus current special provisions and supplemental specifications. c. Plans d. Notice of Public Hearing and Advertisement for Bids. CF -1 4� Gi e. Spec f. Proposal Provisions g. This Instrument The above components are complementary and what is called for by one shall be as binding as if called for by all. 3. That payments are to be made to the Contractor in accordance with and subject to the provisions embodied in the documents made a part of this Contract. 4. That this Contract is executed in 3 copies. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals the date first written above. on tractor/0f, Co•l Seal) (Title) Mayor (Title) (FAUMM .l� (Title) - City Clerk ATTEST: (Title) Company Official) CF -2 PERFORMANCE AND PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS THAT -OLIPHANT ENGINEERING & CONSTRUCTION, Here insert the name and a reae or Zegul title of the Contractor a Principal, hereinafter called the Contractor and UNITED FIRE & CASUALTY :OMPANY, Cedar Rapids Iowa as Surety, hereinafter Here insert the legal title of the Surety) called the Surety, are held and firmly bound onto the City of Iowa City, Iowa, as obligee, hereinafter called the Owner, in the amount of ONE HUNDRED THIRTY- NINE THOUSAND, SIX HUNDRED THIRTY TWO AND 42/100 - - - - - - - - - - - - - - - - - _ - - - - - - - Dollars ($139,632.42) 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 _u) �� '? l% _ p`�" , U 19 80, entered into a Contract with Owner for... Washington Street Bridge Deck Replacement, Iowa City, Iowa. In accordance with plans and specifications prepared by the City of Iowa City, which Contract is by reference made a part hereof, and is hereinafter referred to as the Contract. NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION are such that, if 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 obligations thereunder, the Surety may promptly remedy the default, or shall promptly: �qo 1. Complete the Contract in accordance with its terms and condition-, or 2. Obtain a bid or bids for submission to Owner for completing the Contract in accordance with its terms and conditions, and upon determination by Owner and Surety of the lowest responsible bidder, arrange for a contract between such bidder and Owner, and make available as work progresses (even though there should be a default or a succession of defaults under the Contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the Contract Price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the Contract Price", as used in this paragraph, shall mean the total amount payable by Owner to Contractor under the Contract and any amendments thereto, less the amount properly paid by Owner to Contractor. C. The, Contractor and his Surety shall, in accordance with the provisions of Section 384 of the Code of Iowa be obligated to keep the improvements covered by this bond in good repair for a period of Five (5) years from the date of acceptance of the improvements by the Owner. D. No right of action shall accrue to or for the use of any person or corporation other than the Owner named herein or the heirs, executors, administrators or successors of Owner. PB -2 7-) a IT IS A FURTHER COV` ION OF THIS OBLIGATION that '' principal and Surety shall, in accordance with provisions of Chapter 573 of the Code of Iowa, pay to all persons, firms or corporations having contracts directly with the principal or with subcontractors all just claims due them for labor performed or materials furnished in the performance of the contract on account of which this bond is given. The provisions of Chapter 573, Code of Iowa, are a part of this bond to the same extent as if they were expressly set out herein. SIGNED AND SEALED THIS`u" DAY OF IN THE PRESENCE OF: , A.D., 1980 . OLIPHANT ENGINEERING & CONSTRUCTION kr rtnctpa nom: B W tnessf��fr tie Witness UNIIED FISUALTY COMPANY urety B Title A orney-in-Fact and Iowa Resident Agent 0 PB -3 %��� VITED FIRE & CASUALTY COMPA HOME OFFICE — CEDAR RAPIDS, IOWA CERTIFIED COPY OF POWER OF ATTORNEY (Original on file at home Office of Company — See Certification) KNOW ALL MEN BY THESE PRESENTS, That the UNITED FIRE& CASUALTY COMPANY, a corporation duly organized and existing under the laws of the State of Iowa, and having its principal office in Cedar Rapids, State of Iowa, does make, con- stitute and appoint Patricia R. Zahn, or L. Pieratt, Jr., or David F. Freiermuth, or Theresa Juhl, or Veronica Monaghan, or Lowell Zapf, or Samuel M. Beatty, All Individually of Waterloo, Iowa its true and lawful Attorney(s)-in-Fact with power and authority hereby conferred to sign, seal and execute in its behalf all law- ful bonds, undertakings and other obligatory instruments of similar nature as follows: -- Any and all bonds -- and to bind UNITED FIRE & CASUALTY COMPANY thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of UNITED FIRE & CASUALTY COMPANY and all the acts of said Attorney, pursuant to the authority hereby given are hereby ratified and confirmed. The Authority hereby granted shall expire January 30, 158 2 unless sooner revoked. This power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the Board of Directors of the Company on April 18, 1973. "Article V — Surety Bonds and Undertakings." Section 2, Appointment of Attorney -in -Fact. "The President or any \'i,, President. or any other officer of the Company, may, from time to time, appoint by written certificates attorneys-in.fact to act in behalf of the Company in the execution of Policies of insurance, bonds, undertakings and other obligatory instruments of hke nature. The signature of any officer autho. nzed hereby, and the Corporate seat, may be affixed by facsimile to any pow, r of attorney or special power of atlorneyor cer- tification of either authorized hereby; such signature and seal, when an o -d. being adopted by the Company as the ongmal signature of such officer and the original seal of the Company, to be vabd and binding upon the Company with the same force and effect as though manually affixed. Such attorneys -in -tact, subiect to the limitations It forth in their respective certificates of authority shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seat of the Company thereto. The President or any Vice President, the hoard of Directors or any other officer of the Com. pany may at any time revoke all power and authority previously given to any attorney-in-fact. APy LAS Uq�t„'. Fo; COAPOP4IC �; 'r� P SEAL ?z_= 9 gipp„1” S IN WITNESS WHEREOF, the UNITED FIRE & CASUALTY COMPANY has caused these presents to be signed by its vice president and its corporate seal to be hereto affixed this 30th day of January A.D. 1980 . State of Iowa, County of Linn, ss: UNIT/ED FIRE/ & CASUALTY COMPANY By /(S��C ice President On this 30th day of January 1980 ,before mepersonally came Richard J. Ehlinger to me known, who being by me duly sworn. did depose and say: that he resides in Cedar Rapids, State of Iowa; that he is a Vice - . — 'Y COMPANY, the corporation described in and which executed the above instru- Please insert the date at the bottom Dn; that the seal affixed to the said instrument is such corporate seal; that it was so of the Power of Attorney, the same lard of Directors of said corporation and that he signed his name thereto pursuant date used on the Contract and Bond. ' the act and deed of said corporation. KR MY COOISSIION EXP P RFS Notary Public a. ff,;RGGE,,RG. Sepember 30, 1980 My commission expires September 30, 19 8 0 CERTIFICATION I, the undersigned officer of the UNITED FIRE & CASUALTY COMPANY , do hereby certify that 1 have compared the fore- going copy of the Power of Attorney and affidavit, and the copy of the Section of the By�Laws of said Company as set forth in said Power of Attorney, with the ORIGINALS ON FILE IN THE HOME OFFICE OF SAID COMPANY, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect. In testimony whereof I have hereunto subscribed my name and affixed the corporate seal of the said ?o CAPaf RAiE $= Company this day of v �7,1980 JY UNDe"2dg 8B Secreta - �W� FORM OF PROPOSAL 14ASHINGTON STREET BRIDGE DECK REPLACEMENT CITY OF IOWA CITY NOTE TO BIDDERS: PLEASE DO NOT USE THE FORM OF PROPOSAL INCLUDED IN THE BOUND VOLUME OF THE SPECIFICATIONS. SEPARATE COPIES OF THIS PRO- POSAL WILL BE FURNISHED 70 BIDDERS UPON APPLICATION TO THE ENGINEER. ��' Name of Bidder � _c_��,�"„� �/�6 d L,C°—;c Address of Bidder TO: CITY CLERK City of Iowa City Iowa City, Iowa 52240 The undersigned bidder submits herewith bid security in the amount of $13,000.00 in accordance with the terms set forth in the "Standard Specifications", Article 1102.12. The undersigned bidder, having examined and determined the scope of the Contract Documents, hereby proposes to provide the required labor, services, materials and equipment and to per- form the work as described in the Contract Documents, including Addenda ''k1 and and do all work at the prices hereinafter set out. We further propose to do all "Extra Work" which may be required to- complete the work contemplated, at unit prices or lump sums to be agreed upon in writing prior to starting such work, or if such prices or sums cannot be agreed upon to per- form such work on a force account basis, as provided in the "Standard Specifications." ESTIMATED UNIT EXTENDED ITEM DESCRIPTION UNIT QUANTITY PRICE AMOUNT 1. Removal of Exist. Structure Lump sum Lump sum g 5' 2. Abut. Wall Patching Cu. ft. 288/ P-1 p0 V/ 4 Y6 P -1A ESTIMATE UNIT EXTEND] ITEM DESCRIPTION UNIT QUANTITY PRICE AMOUNT 3. Abut. seat leveling Cu. ft. 315.5 $ / o $ 4. Sandblasting and point abut. Lump sum Lump sum 5. Concrete , Structural Cu. yds. 290000- 6. Steel, ✓ y.2 Reinforcing Lbs. 32181 /p, a9% 7. Steel, Reinforcing Epoxy coated Lbs. 17909 8. Handrail, aluminum lin, ft. 61 9. Expansion 2G 00— ✓ dam Lump sum Lump sum ODo— 10. Deck sealant Sq. ft. 4950 ��0 / ✓%��� 11. Pavement, std. PC concrete (with integral curb), 8" Sq. yd. 635aQs- 12. Driveway PC Concrete, 6" Sq. yd. 30 070 13. Sidewalk P.C. pe Concrete, 4" Sq. yd. 42 /�? ��� 14. Sidewalk, P.C.6, Concrete, 6" Sq. yd. 16 /�oo �a 15. Manhole, Remodel storm sewer Each •1 16. Sodding Squares 7 _50_° 17. Removal of Sq. yd. 635 Pavement 18. Removal of Concrete Drive Sq. yd. 30 -� /fid _° ✓ P -1A ESTIMATED I TEM DESCRIPTION UNIT QUANTITY 19. Removal of Sidewalk Sq. yd. 64 Total bid, Alternate 1 ADD FOR ALTERNATE 2 lla. Pavement, Std. P.C. Concrete with integral curb 8" Sq. yd. 234 UNI T PRICE $ ,3� 17a. Removal of 00 Pavement Sq. yd. 234 Sub -total of alternate 2 items Total bid, Alternate 1 plus Alternate 2 items EXTENDED AMOUNT 0 * The City shall have the right to delete item 4 (Sandblasting and point abut.) from the Contract and reduce the Contract amount by the extended amount for item 4. No additional claim for compensation shall be due contractor as a result of the deletion. P -1B �� 0 The undersigned bidder certifies that this proposal is made in good faith, without collusion or connection with any other per- son or persons bidding on the work. The undersigned bidder states that this proposal is made in conformity with the Contract Documents and agrees that, in the event of any discrepancies or differences between any conditions of his proposal and the Contract Documents prepared by the City of Iowa City, the provisions of the latter shall prevail. (Seal - if bid is by a corporation PARTNERSHIPS: FURNISH FULL NAME OF ALL PARTNERS FIRM: ! 1I .n J /P QV :,.,T , ( Title) , 3 (Business Address) P -z 7w RESOLUTION NO. 80-250 A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE IOWA CITY COMMUNITY SCHOOL DISTRICT TO PROVIDE FOR THE EMPLOYMENT AND PAYMENT OF SCHOOL CROSSING GUARDS. WHEREAS, the City of Iowa City and the Iowa City Community School District have a mutual concern for the safety of children going to and from public schools. and WHEREAS, it is mutually beneficial for the parties to cooperate in providing crossing guards to assist these children, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, that the Mayor is authorized to sign and the City Clerk to attest an agreement between the City of Iowa City, Iowa, and the Iowa City Community School District whereby the City shall employ crossing guards and the Iowa City Community School District shall pay a portion of the cost. It was moved by Neuhauser and seconded by Roberts the Resolution 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 1st day of July 1980. YOR ATTEST: C CLERK IIc�... i� 41(0/ SCHOOL CROSSING GUARD AGREEMENT WHEREAS traffic control over the public streets of Iowa City, Iowa, is the sole responsibility of the City of Iowa City, Iowa, including the selection and training of crossing guards stationed at dangerous intersections for the safety of public school children going to and from public schools, and, WHEREAS, the continued employment of the present number of school crossing guards is causing budgetary problems for the City and a request has been made by the City to the School District for financial assistance in the matter of staffing and paying for the present number of school crossing guards, and, WHEREAS the safety of school children both on and off the school grounds is of concern to the school district, THEREFORE IT IS AGREED by and between the City and the School District as follows: 1. For the fiscal year 1980-1981, the School District shall pay unto the City an amount equal to 25% of the gross salaries of the school crossing guards but in any event such amount shall not exceed $10,000.00. 2. That the administration of the crossing guard program shall be handled exclusively by the City, the same to include the employment, training and placement of the crossing guards in accordance with survey findings conducted by the City as to dangerous street crossings occasioned by heavy traffic and other factors. 3. That the City will confer, from time to time, and will solicit suggestions and recommendations from the School District Parent Organization Safety Committee regarding potentially dangerous cross walks, but the final determination of the placement of crossing guards as to location shall be that of the City. 9. That the City agrees that any and all liability accruing occasioned by the misfeasance, malfeasance or non -feasance of any school crossing guard shall be that of the City's and the City agrees to hold the School District harmless from any liability claims levied against the City by reason of the School Crossing Guard program. 5. That this Agreement may be renewed on an annual basis providing, however, that the said School Crossing Guard program shall be reviewed annually by both parties before finalization of the municipal budgets. IN WITNESS WHEREOF, we have hereunto set our hands this , ,0 day of , 1980. CITY OF IOWA CITY. IOWA IOWA CITY COMMUNI SCHOOL DISTRICT By. ��- President By ae,r,luc- L<( _ / Sec tary �,��, RESOLUTION NO. 80-252 A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AMENDMENT TO THE LSNRD AGREEMENT BETWEEN THE CITY AND ACT WHEREAS, the City entered into an agreement, dated June 28, 1977 whereby ACT agreed to install sidewalks along Dubuque Road and the City has a lien against the property for this sidewalk, and WHEREAS, the City does not have an interest in requiring the installation of sidewalks at this time, and WHEREAS, this lien creates a difficulty for ACT in obtaining financing NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, that the Mayor is authorized to sign and the City Clerk to attest an agreement whereby the sidewalk lien will be subordinated to the mortgage of ACT. It was moved by Roberts and seconded byyevera that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS x x x x X x x ABSENT: Passed and approved this 1st ATTEST City Clerk Balmer Erdahl Lynch Neuhauser Perret Roberts Vevera day of July , 19 80. Mayor A' AMENDMENT TO AGREEMENT THIS AMENDMENT TO AGREEMENT made by and between The American College Testing Program, Inc., the owner, hereinafter called the "Owner", and the City of Iowa City, Iowa, a municipal corporation, hereinafter called the "City". WHEREAS, Owner and City desire to amend an Agreement between them dated June 28, 1977, and recorded in Book 513, Page 6 at the Johnson County Recorder's Office providing for installation of sidewalks. WITNESSETH: Section 7. Waiver The Owner has installed all water mains, storm water facilities and sanitary sewers but has not constructed sidewalks along Dubuque Road as required in Section 3 of this agreement. That the City deems that said sidewalks are not at this time required but may be required at some future time. City agrees that the lien it holds on the land by virtue of this agreement is and shall hereby be subordinated to the first lien which shall be held by Central Life Assurance Company as mortgagee of the land. Owner represents that there are no other intervening liens and that the lien hereby subordinated shall be a second lien on the Owner's property and shall remain as such until such time as the first mortgage to Central Life Assurance Company is released. Dated this 2nd day of Jul Iowa City, Iowa. CITY OF IOWA CITY a or City Clerk 1980, at THE AMERICAN COLLEGE TESTING PROGRAM, IN . Presiden Vice President for Business and Finance and Treasurer 7 — �5 11 . 16i"I-ze, AMENDMENT TO AGREEMENT THIS AMENDMENT TO AGRli1:MI:N'r made by and between The American College 'testing Program, Inc., the owner, hereinafter called the "Owner", and the City of Iowa City, Iowa, a municipal corporation, hereinafter culled the "City" W I'IN I:SS I: I'I 1: Section 7. Waiver The Owner has installed all water mains, storm water facilities and sanitary sewers but has not constructed sidewalks along Dubuque Road as required in Section 3 of this agreement. That the City deems that said sidewalks are not at this time required but may he required at some future time. City agrees that the lien it holds on the land by virtue of this agreement is and shall hereby be subordinated to the first lien which shall be held by Central Life Assurance Company as mortgagee of the land. Owner represents that there are no other intervening liens and that the lien hereby subordinated shall he a second lien on the Owner's property and shall remain as such unless and until such time as the City requires the installation of said sidewalks pursuant to this agreement or deems same not necessary and issues its release of lien. Dated this 2nd day of July , 1980, at Iowa City, Iowa. CITY OF IOWA CITY THE AMERICAN COLLEGE TESTING PROGRAM, INC. 4 r Preside City Clerk Vice President for Business and I-inanCe and 'Treasurer 7 4.4!�— - 2 - STATE OF IOWA SS: COUNTY OF JOHNSON ) berg'• P9ja 1, m�uu, a Notary Public in and for said County, in the State aforesaid, do hereby certify that Owl- M. Davidsen and Marvin F. Brecht, to me personally known to be President and Vice Presidcnt,re- spectively,of The American College Testhng Program, Inc., a corporation, and also known to me to be the persons whose names are subscribed to the foregoing instrument, appeared before me this day in person and acknowledged that as such President and Vice President,respectively, they signed, sealed and delivered the said instrument as the free and voluntary act of said corporation for the uses and purposes therein set forth and that they were duly authorized to execute the same by the Board of Trustees of said corporation. Given under my hand and notarial seal this —L!:� day of 1980. Notary Public ({abc..r'6. PCd.� ESOLUTION NO. 80-253 RESOLUTION AUTHORIZING EXECUTION OF LEASE WITH THE JOHNSON COUNTY AGRICULTURAL ASSOCIATION. WHEREAS, the City of Iowa City, Iowa, has negotiated a lease with Johnson County Agricultural Association, a copy of said lease being attached to this Resolution and by this reference made a part hereof, and WHEREAS, the City Council deems it in the public interest to enter into said lease for the rental of 7,500 square feet at the 4-H Grounds for a price of $350 per month for ten months out of the year from September 1, 1980 through June 30, 1981, said rental property to provide covered, heated storage for equipment from the City Street Division and other Divisions in the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL: 1. That the Mayor and City Clerk are hereby authorized and directed to execute the lease with Johnson County Agricul- tural Association. 2. That the City Clerk shall furnish copies of said lease to any citizen requesting same. It was moved by Neuhauser and seconded by Roberts the Resolution 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 this 1st day of July 1980. A�� YOR ATTEST: CITY CLERK Raee{wd Q Approves ly the al Department (0l�F/�� -W % IOWA STATE IfAR ASSOCIATION FOR THE LEGAL EFFECT OF THE USE Oficial Form No. 30-rrr.ee.Na,k .ealet.r.d..t.se a s.... 1.671 OF THIS FORM, CONSULT YOUR LAWYER : �, .qt i LEASE -BUSINESS PROPERTY THIS LEASE AGREEM�OT executed in d licate made and entered into this day of ohnson Lounty l�gericuitural Association 19_, by and between (hereinafter called the "Landlord") whose address for the purpose of this lease I� 3149 Hwy 218 South Iowa City Iowa 52240 (Street and Number) (City) and (State) (Zip Code) City of Iowa City (hereinafter called the "Tenant") whose address for the purpose of this lease is 410 E. Washington St. Iowa City Iowa 52240 (Street and Number) (city) , WITNESSETH THAT: (State) (Zip Code) I. PREMISES AND TERM. The Landlord, in consideration of the rents herein reserved and of the agreements and conditions here- in contained• on the part of the Tenant to be kept and performed, leases unto the Tenant and Tenant hereby rents and looses from Land. lord, according to the terms and provisions herein, the following described real estate, situated in Johnson County, Iowa, to wit: 50' x 150' barn known as the swine barn at the Johnson County 4-H Fairgrounds on Highway #218 equipped with natural gas burning heaters, said barn containing 7,500 square feet, more or less. with the improvements thereon and all rights, easements and appurtenances thereto belonging, which, more particularl�ys, ncludas the space and premises as may be shown on "Exhibit A", if and as may be attached hereto, for a term ofln month tepeyea", commencing at mid. night of the day previous to the first day of the lease term, which shall be on the 1St day of September 19-8" _ and ending midnight on the last day of the lease farm, which shall be an the 3&t -h day of •11µ}e sof 19 t-1 upon the condition that the Tenant pays rent therefor, and otherwise performs as in this lease provided. 2. Rental to be paid for 10 month period in two payments: January, 1981 - $1,750 June, 1981 - $1,750 2. RENTAL Tenant agrees to pay to Landlord as rental for said term, as follows: $ 350.00 _ per month, la advance, the first rent payment becoming due upon Strike (a) the execution of this lease; or Ono X61KN4y2zzAxxxxz)L%fY61xxxxxxxxxxxxxxxxxxxNRXXY.XXL and the some amount, per month, In advance, on the day of each month thereafter, during the term of this lease. In addition to the above monthly rental Tenant shall also pay: for all utilities used by the Tenant All sums shall be paid at the address of Landlord, as above designated, or at such other place in Iowa, or elsewhere, as the Landlord may, from time to time, previously designate in writing. Delinquent payments shall draw interest at 9--210 per annum from the due date, until paid. 3. POSSESSION. Tenant shall be entitled to possession on the first day of the term of this lease, and shall yield possession to the Landlord at the time and data of the close of this lease farm, except as herein otherwise expressly provided. Should Landlord be us. able to give possession on sold date, Tenant's only damages shall he a rebating of the pro rata rental. 4. USE OF PREMISES. Tenant covenants and agrees during the term of this lease to use and to occupy the leased promises only for For restrictions on such use, see paragraphs 6 (c), 6 (d) and I I (b) below. 5. 9UIET ENJOYMENT. Landlord covenants that its estate in said premises is and that the Tenant on paying the rent herein reserved and performing all the agreements by the Tenant to be performed as provided in this lease, shall and may peaceably have, hold and enjoy the demised premises for the term of this lease free from molestation, eviction or disturbance by the Landlord or any other persons or legal entity whatsoever. (But see paragraph 14, below.) Landlord• shall have the right to mortgage all of its right, title, interest in said premises at any time without notice• subject to this lease. 6. CARE AND MAINTENANCE OF PREMISES. (a) Tenant takes said premises In their present condition except for such repairs and alterations as may be expressly herein provided. Received P. Approved By The Legal DepartrniI4 (b) LANDLORD'S DUTY OF CARE AND MAINTENANCE. Landlord will keep the roof, s•- - -al part of the floor, walls and other struc- tural parts of the building in good rep (c) TENANT'S DUTY OF CARE /.— ,JAINTENANCE. Tenant shall, after taking possession of said premises and until the termination of this lease and the actual removal from the premises, at its own expense, caro for and maintain said premises in a reasonably safe and service- able condition, except for structural parts of the building. Tenant will furnish its own interior and exterior decorating. Tenant will not permit or allow said premises to be damaged or depreciated in value by any act or negligence of the Tenant, its agents or employees. Without limiting Ike generality of the foregoing, Tenant will make necessary repairs to the sower, the plumbing, the water pipes and electrical wiring, except as follows: and Tenant agrees to keep faucets closed so as to prevent waste of water and flooding of premises; to promptly take care of any leakage or stoppage in any of the wafer, gas or waste pipes. The Tenant agrees to maintain adequate heat to prevent freezing of pipes, If and only If the other terms of this lease fix responsibility for heating upon the Tenant. Tenant at its own expense may insfall floor cover- ing and will maintain such floor covering in good condition. Tenant will be responsible for the plate glass In the windows of the leased premises and for maintaining the parking arca, driveways and sidewalks on and abutting the leased premises, If file leased premises Include the ground floor, and If the other terms of this lease Include premises so described. Tenant shall make no structural alterations or Improvements without the written approval of the Landlord first had and obtained, of the plans and specifications therefor. (d) Tenant will make no unlawful use of said premises and agrees to comply with all valid regulations of the Board of Health, City Ordi- nances or applicable municipality, the laws of the State of Iowa and the Federal government, but this provision shall not be construed as creating any duty by Tenant to members of the general public. If Tenant, by the terms of this lease is leasing premises on the ground floor, it will not allow trash of any kind to accumulate on raid premises in the halls, if any, or the alley or yard in front, ride or rear thereof, and it will remove same from the premises at its own expense. TSoXdhXX(XdCD9X96X SbXrXMOC�I(XOOk>eXdi ltx MAck(eGGet »hntackeY Gam 4reuidvvefk The Tenant will not be responsible for snow removal. 7. (a) UTILITIES AND SERVICES. Tenant, during the term of this lease, shall pay, before delinquency, all charges for use of tole phone, water, sewer, gas, heat, (if heating is Tenant's responsibility), electricity, power, air conditioning (if air conditioning is the Tenant's responsibility), garbage disposal, trash disposal and not limited by the foregoing all other utilities and services of whatever kind and nature which may be used in or upon the demised premises. Payment for electricity used by the Tenant will be made July 1 to the Landlord for the previous ten month period. (b) AIR CONDITIONING equipment shall be furnished at the expense of neither and maintenance thereof at (Landlord or Tenant) Ike expense of (Landlord or Tenant) (c) JANITOR SERVICE shall be furnished at the expense of neither (Landlord or Tenant) (d) HEATING shall be furnished at the expense of Landlord with Tenant responsible only for natural gas expense of heating (Landlord or Tenant) 8. (a) SURRENDER OF PREMISES AT END OF TERM—REMOVAL OF FIXTURES. Tenant agrees that upon the termination of this lease, it will surrender, yield up and deliver the leased premises in good and clean condition, except the effects of ordinary wear and fear and depreciation arising from lapse of time, or damage without fault or liability of Tenant. �,VgC RITPCICL`�9r1X9fJ(XI1f)f'RL@XkSC (see #27 below) (b) Tenant may, at the expiration of the term of this loose, or renewal or renewals thereof or at a reasonable time thereafter, if Tenant is not in default hereunder, remove any fixtures or equipment which said Tenant has installed in the leased premises, providing said Tenant repairs any and all damages caused by removal. (c) HOLDING OVER. Continued possession, beyond the expiratory date of the term of this lease, by the Tenant, coupled with the receipt of the specified rental by the Landlord (and absent a written agreement by both parties for an extension of this lease, or for a new lease) shall constitute a month to month extension of this lease. 9. ASSIGNMENT AND SUBLETTING. Any assignment of this lease or subletting of the premises or any part thereof, with- out the Landlord's written permission shall, at the option of the Landlord, make the rental for the balance of the lease term due and payable of once. Such written permission shall not be unreasonably withhold. 10. (a) ALL REAL ESTATE TAXES, except as may be otherwise expressly provided in this paragraph 10, levied or assessed by low. ful authority (but reasonably preserving Landl rrd's rights of appeal) against said real property shall be timely paid by the parties in the fallowing proportions: by Landlord _100 */.: by Tenant %. (b) Increase in such taxes, except as in the next paragraph provided, above the lUUnt paid during the base year of (base year if and as may be defined in this paragraph) shall be paid by Landlord, UU %; by Tenant %. (c) Increase in such taxes caused by improvements of Tenant shall be paid by Landlord 100 %; by Tenant (d) PERSONAL PROPERTY TAXES. Tenant agrees to timely pay all taxes. assessments or other public charges levied or assessod by lawful authority (but reasonably preserving Tenanf's rights of appeal) against its personal property on the premises, during the term of this lease. 10(a) SPECIAL ASSESSMENTS. Special assessments shall be timely paid by the parties in the following proportions: by the Landlord ; by the Tenant %. See paragraph #27 INSURANCE. (a) Landlord and Tenant will each keep its respective property interests in the premises and its liability in regard - thereto, an ersonol property on the premises, reasonably insured against hazards and casualties; that is, fire and those items usually cov. ered by extended co raarr�e; and Tenant will procure and deliver to the Landlord a certification from the respective insurance -companies to that effect. Such insurance strel a made payable to the parties hereto as their interests may appear, except thot-the"Tenant's share of such insurance proceeds are hereby assigns nd made payable to the Landlord to secure rent or other obligations -then due and owing Landlord by Tenant, [See also I I (e) below) �� (b) Tenant will not do or omit the doing of any ecf which would vitiate any insurance, or increase the insurance rates in force upon the real estate improvements on the premises or upon any personal property of the Tenant upon which the Landlord by law or by the terms of this lease, has or shall have a lien. /= ` J Subrogation rights aro not to he waived unless a special provision is attached to This lease. (d) Tenant further agrees to comply wit ec6mmendations of Iowa Insurance Service Bureau and to be liable for and to promptly pay, as if current rental, any increase in msurr ae rates on said promises and on the building of which said promises are a -pert, due to increased risks or hazards resulting from T�rrt s use of the premises otherwise than as herein contemplated and agreed. \ , (el INS _FAN PROCEEDS. Landlord shell softie end adjust any claim against any insurance company under i! ss its of insurance for—the premises, and said insurance monies shall be paid to and held by the Landlord to be used in payment for cost of repair r 7gsir>< tion of damaged building, if the destruction is only partial. [See also I I (a), above] 'z' 71- INDEMNITY AND LIABILITY INSURANCE. Except as to any negligence of the Landlord, arising out of roof and sfr parts of the --c' e ing, Tanent will protect, indemnify and save harmless the Landlord from and against any and all loss, cost ego and expenses uccasione r arising out of, any accident or other occurrence causing or inflicting injury and/or da o any person or property, happoninq or done, ' on or about the leased premises, or due directly or indirectly to the tenon o or occupancy thereof, or any part thereof by the Tenant or rson claiming through or under the Tenant. Th a Tenant or covenants and agrees that if will of its own expense procure end meta - asualty end liability insurance in a res a company or companies authorized to do business in the State of Iowa, in amounts not less 100,000 for any one person injured, and $500,000 for any one accide wi limits of $25,000 for prop. arty damage, protecting the Landlord against such ameges, costs or es on account of injury to any person or persons, or to any property belonging to any person or s, by reason of such casualty, acci an other happening on or about the domised premises during the term thereof i icates or copies of said policies, naming the Landlord, and prov, ' for fifteen (15) do ice to the Landlord before can shall be delivered to the Lee lord within twenty ays from the date of the beginning of the term of this lease. As fo insurance of the Landlord for roof and structure paragraph 11(a) above, 13. FIRE AND CASUALTY. PARTIAL DESTRUCTION OF PREMISES. (e) In the event of a partial destruction or damage of the leased premises, which is a business interference, that is, which prevents the conducting of a normal business operation and which damage is reasonably repairable within sixty (60) days after its occurrence. this lease shall not terminate but the rent for the leased premises shall abate during the time of such business interference. In the event of partial destruction. Landlord shall repair such damages within 60 days of Its occurrence unless prevented from so doing by acts of God, the elements, the public enemy, strikes, riots, insurrection, government regulations, city ordinances, labor, malarial or transportation shortages, or other causes beyond Land. lord's reasonable control. (b) ZONING. Should the zoning ordinance of the city or municipality in which this property is located make it impossible for Landlord, using diligent and timely effort to obtain necessary permits and to repair and/or rebuild so that Tenant is not able to conduct its business on these premises, then such partial destruction shall be treated as a total destruction as in the next paragraph provided. (cj TOTAL DESTRUCTION OF BUSINESS USE. In the event of a destruction or damage of the leased premises Including the park. Ing area (if a parking area is a part of the subject matter of this lease) so that Tenant is not able to conduct its business on the premises or the then currunt legal use for which the premises are being used and which damages cannot be repaired within sixty (60) days this Ieas,s may be terminated at the option of either the Landlord or Tenant. Such termination in such event shall be effected by written notice of one party to the other, within twenty (20) days after such destruction. Tenant shall surrender possession within ten (10) _ days after such notice issues, and each party shall be released from all future obligations hereunder. Tenant paying rental pro rate only to the date of such destruction. In the event of such termination of this lease. Landlord at its option, may rebuild or not, according to its own wishes and needs. 14. CONDEMNATION. (a) DISPOSITION OF AWARDS. Should the whole or any part of the demised premises be condemned or taken by a competent authority for any public or quasi public use or purpose, each party shall be entitled to retain, as its own properly, any award payable to it. Or in the event that a single entire award is made on account of the condemnation, each party will then be on - titled to take such proportion of said award as may be fair and reasonable. (b) DATE OF LEASE TERMINATION. If the whole of the demised premises shall 6e so condemned or taken, the Landlord shall not be liable to the Tenant except and as its rights are preserved as in paragraph 14(a) above. 15. TERMINATION OF LEASE AND DEFAULTS OF TENANT. (a) TERMINATION UPON EXPIRATION OR UPON NOTICE OF DEFAULTS. This lease shall terminate upon expiration of the demised term; or if this lease expressly and in writing provides for any cplion or options, and if any such option is exercised by the Tenant, then this lease will terminate at the expiration of the option term or terms. Upon default in payment of rental herein or upon any other default by Tenant in accordance with the terms and provisions of this lease. this lease may of the option of the Landlord be cancelled and forfeited, PROVIDED. HOWEVER, before any such cancellation and for. feiture except as provided in 15(b) below, Landlord shall give Tenant a written notice specifying the default, or defaults, and stating that this lease will be cancelled and forfeited fen (10) days after the giving of such notice, unless such default, or defaults, are remedied within such grace period. (See paragraph 22, below.) As an additional optional procedure or as an alternative to the foregoing (and neither exclusive of the other) Landlord may proceed as in paragraph 21, below, provided. (b) BANKRUPTCY OR INSOLVENCY OF TENANT. In the event Tenant is adjudicated a bankrupt or in the event of a judicial sale or other transfer of Tenant's leasehold interest by reason of any bankruptcy or insolvency proceedings or by other operation of law, but not by death, and such bankruptcy, judicial sale or transfer has not been vacated or set aside within fen (10) days from the giving of notice thereof by Landlord to Tenant, then and in any such events, Landlord may, at its option, immediately terminate this lease, re-enter said premises, upon giving of ten (10) days' written notice by Landlord to Tenant. (c) In (a) and (b) above, waiver as to any default shall not constitute a waiver of any subsequent default or defaults. (d) Acceptance of keys, advertising and re -renting by the Landlord upon the Tenant's default shall be construed only as an effort to miti- gate damages by the Landlord, and not as an agreement to terminate this lease. 16. RIGHT OF EITHER PARTY TO MAKE GOOD ANY DEFAULT OF THE OTHER. If default shall be made by either party in the performance of, or compliance with, any of the forms. covenants or conditions of this lease, and such default shall have continued for thirty (30) days after written notice thereof from one party to the other, the person aggrieved, in addition to all other remedies now or hereafter provided by law, may, but need not, perform such term, covenant or condition, or make good such default and any amount advanced shell be repaid forthwith on demand, together with interest at the rate of 9 _% per annum, from date of advance. 17. SIGNS. (a) Tenant shall have the right and privilege of attaching, affixing, painting or exhibiting signs on the leased promises, provided only (I) that any and all signs shall comply with the ordinances of the city or municipality in which the property is located and the laws of the State of Iowa; (2) such signs shall not change the structure of the building; (3) such signs if and when taken down shall not damage the building; and (4) such signs shall be subject to the written approval of the Landlord, which approval shall not be unreasonably withheld. (b) Landlord during the last ninety (90) days of this lease, or extension, shall have the right to maintain in the windows or on the build- ing or on the premises either or both a "For Rent" or "For Sale" sign and Tenant will permit, at such time, prospective tenants or buyers to enter and examine the premises. 18. MECHANIC'S LIENS. Neither the Tenant nor anyone claiming by, through, or under the Tenant, shall have the right to file or place any mechanics lien or other lien of any kind or character whatsoever. upon said premises or upon any building or improvement there. on, or upon the leasehold interest of the Tenant therein. and notice is hereby given that no contractor, sub -contractor, or anyone else he may furnish any material, service or labor for any building, improvements, alteration, repairs or any part thereof, shall of any time be or become entitled to any lien thereon, and for the further security of the Landlord, the Tenant covenants and agrees to give actual notice thereof it advance, to any and all contractors and sub -contractors who may furnish or agree to furnish any such material, service ar labor. 19. LANDLORD'S LIEN AND SECURITY INTEREST. (a) Said Landlord shall have, in addition to the lien given by law, a security interest as provided by the Uniform Commercial Cade of Iowa, upon all personal property and all substitutions therefor, kept and used on said premises by Tenant. Landlord may proceed at law or in equity with any remedy provided by law or by this lease for the recovery of rent, or for termination of this lease because of Tenant's default in its performance. (b) SPOUSE. If spouse is not a Tenant, than the execution of this instrument by the spouse shell be for the sole purpose of creating a security interest on personal property and waiving rights of homestead, rights of distributive share, and exemptions. 20. SUBSTITUTION OF EQUIPMENT, MERCHANDISE, ETC. (a) The Tenant shall have the right, from time to time, during the term of this lease, or renewal thereof, to sell or otherwise dispose of any personal property of the Tenant situated on the said demised premises, when in the judgment of the Tenant it shall have become obsolete, outworn or unnecessary in connection with the operation of the business on said premises; provided, however, that the Tenant shall. in such instance (unless no substituted article or item is necessary) at its own expense, substitute for such items of personal property so sold or otherwise disposed of, a new or other item in substitution thereof, in like or greater value and adapted to the affixed operation of the business upon the demisod premises. (b) Nothing herein contained shall be construed as denying to Tenant the right to dispose of inventoried merchandise in the ordinary course of the Tenant's trade or business. coornont sax ar re+ wu .:am.m. sa+ . m. ..ee. ro a+a „ +n .1 or. I- y e+ ,.aa er +.v teem Tn. to..a sta..u..r. w.:oNanon. (3) 21. RIGHTS CUMULATIVE. Tf Mous rights, powers, options, elections and remoo either party, provided in this lease, shall be construed as cumulative and no one ,m As exclusive of the others, or exclusive of An s, remadies or priorities allowed either party by law, and shall in no way affect _. ....pair the right of either party to pursue any other +le or legal remedy to which either party may be entitled as long -as any default remains in any way unremedied. unsatisfied or undischarged. 22. NOTICES AND DEMANDS. Notices as provided for In this lease shall be given to the respocf:ve parties hereto of the respective addresses designated on page one of this lease unless either party notifies the other, in writing, of a different Address. With out prejudice to any other method of notifying a party in writing or making a demand or o{6or communication. such massage shall be considered given under the farms of this lease when sent. Addressed as above designated, pn,lago propnid. by registered or certified moil, return receipt requested, by the United State mail and so deposited in a United Status mail bar. 23. PROVISIONS TO BIND AND BENEFIT SUCCESSORS, ASSIGNS, ETC. Each and every covenant and agreement heroin con- tained shall extend to and be binding upon the respective successors, heirs, Administrators, executors and assigns of the parties hereto; excepf that if any pert of this lease is held in joint tenancy, the successor in interest shall be the surviving joint tenant. 24. CHANGES TO BE IN WRITING. None of the covenants, provisions, terms or conditions of !i,is lens, to be kept or performed by Landlord or Tenant shell be in any manner modifiod, waived or abandoned, except by a written instrument duly signed by the parties and delivered to the Landlord and Tenant. This lease contains the whale agreement of the parties. - 25. RELEASE OF DOWER. Spouse of Landlord, appears As a party signatory to this lease solely for the purpose of releasing dower, or distributive share, unless said spouse is also a co-owner of an interest in the leased premises. 26. CONSTRUCTION. Words and phrases herein, including acknowledgment hereof, shall be construed as in the singular or plural number, and as masculine. feminine or neuter gender according to the context. 27. Landlord agrees to assume liability for any and all loss, costs, damage, and expenses occasioned by or arising out of, any accident or other occurrence causing or inflicting injury and/or damage to any person or property, happening or done, in, upon, or about the leased premises, except that Landlord shall have no liability for any loss, costs, damages or expenses to Tenant or its employees or to Tenant's or its employees' property incurred by Tenant or its employees in, upon, or about the leased premises when such loss, costs, damage and expenses are directly caused by the negligence of the Tenant or its employees and the Tenant shall further hold the Landlord harmless for any loss of Tenant's or its employees' property in the event of fire, theft, malicious mischief or vandalism. IN WITNESS WHEREOF, the parties hereto have dulyecuted this lease in duplicate the the day and year first above written. �nX. Q LANDLORD'S SPOUSE/DLORD (Sec paragraph 25) I TENANT'S SPOUSE [See paragraph 19(b)7 INDIVIDUAL •°°s. STATE OF ,•i iet°oi1 COUNTY OF TENANT _,. o^ o9n R. Balmer, Mayor m•.e. On fhis day of 19 R(3 ba ore me, the undersigned, a N�ostary Public in and for said County and errmm /206e•4a S %O L F4, .5 m H°. 11 State, personally appeared end to me personally known to be the identical persons named in and�es�ecufed fhe with; And forego g instrument, and acknowledged that they executed the some as their voluntary act and deed. ,!/% (SEAL) ATTEST: Citv as .ae,ekMeLb. Ad soak CORPORATION. STATE OF Iowa __ l COUNTY OF Johnson ISS. On This ��� day of A. D. 19 �� bofore mo, the undersigned A Notary Public in and for said County and State, personal) appeared John R Ralmpr and 'A'hh,. SQrS L��C to me. parsQnplly kn wn, ho being by me duly sworn, did say that they are the mayor l.T ty 1 er .•s and respectively, of said corporation executing the M,•�,• xifhin and foregoing instrument, that (no seal has been procured by ine said) corporation; that said instrument was signed land sealed) on (the seal affixed thereto is the seal of said) :am•i•r John R. Balmer and ahh;A m He. ss bel els of said corporation by authority of its Board of Directors; and fiat the said �tDluS as such officers acknowledged the execution of saidinsf enf to be the voluntary act and deed of said corporaticn by it and by them voluntarily executed. /) (SEAL)iiw o•i _ _ ._. _._.._. NotaryPublic in and for said County and State FIDUCIARY STATE OF SS. COUNTY OF On this day of A. D. 19 . before me, the undersigned. a Notary Public in and for said County in said State, personally appeared as Executor of the Estate of , Deceased, to ma known to be the identical person named in and who executed the foregoing instrument and acknowledged that -he executed the same as the voluntary act and deed of himself and of such fiduciary. (SEAL) Notary Public in and for said County and Stele PARTNER STATE OF 1 SS. COUNTY OF 1 On this day of A. D. 19, before me, the undersigned, a Notary Public in and for said County and State personally appeared and to me personally known, who, being by me duly sworn, did say that he is (they are) member($) of the Partnership executing the within and foregoing instrument and acknowledged that (ha) (they) executed the same as the voluntary act and deed of said co-partner(s) by (him) (them) and by said partnership voluntarily executed. For acknowledgment as a corporate fiduciary see obverse side of Court Officer Deed (Official Form No. 101). _._._._._..._._..... Notary Public in and for said County and State (4) RESOLUTION NO. 80-254 RESOLUTION APPROVING CAPITAL IMPROVEMENTS PROGRAM FOR THE CITY OF IOWA CITY, IOWA, FOR THE FISCAL YEARS 1981 THROUGH 1985. WHEREAS, the City Council of the City of Iowa City, Iowa, deems it in the public interest and in the interest of good and efficient government for the City of Iowa City, Iowa, to adopt certain capital improvements planning, subject to annual review and revision: NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the City Council of the City of Iowa City, Iowa, does hereby adopt as its Capital Improvements Program for the fiscal years 1981 through 1985, the Capital Improvements Program which is attached to this Resolution and by this reference made a part hereof. It is understood by the City Council of the City of Iowa City, Iowa, that the 1981 through 1985 Capital Improvements Program is subject to annual review and revision consistent with good planning and operating practices of the City of Iowa City, Iowa; that this resolution is an expression of the Council's legislative intent for future projects and planning for the City of Iowa City, Iowa; and the anticipated means of financing said projects, subject to applicable laws and elections upon financing by the voters of the City of Iowa City, Iowa. 2. The City Clerk is hereby authorized and directed to certify copies of this Resolution and the appropriate Capital Improve- ments Program adopted to all governmental agencies as required by law. It was moved by Neuhauser and seconded by Lynch that the Resolution 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 1st ATTEST: i l CITY CLERK day of July , 1980. 1170 RT iilv6d A, Approved By T,Ie al D/..pjAment CITY OF IOWA CITY FY1981-1985 CAPITAL IMPROVEMENTS PROGRAM SUMMARY A. FIVE YEAR AUTHORIZATION SCHEDULE $67,239,850 $ 6,584,850 $27,262,000 $20,155,000 $11,866,000 L1,372,000 1< TOTAL FY81-85 FY81 FY82 FY83 FY84 FY85 North Branch Detention Structure $ 909,450 $ 909,450 $ -- $ -- $ -- $ Camp Cardinal Road Bridge 216,000 -- -- -- 216,000 -- Iowa Avenue Bridge 800,000 -- 60,000 740,000 -- -- Burlington Street Bridge 900,000 -- -- 80,000 820,000 -- Benton/Riverside Intersection 825,000 -- -- -- 275,000 550,000 Melrose Avenue Traffic Improvement 250,000 250,000 -- -- -- -- Scott Boulevard 450,000 150,000 300,000 -- -- -- Linn Street Improvements 175,000 -- 175,000 -- -- -- CBD Alley Projects 110,000 30,000 40,000 40,000 -- -- Dubuque & Church Signalization 15,000 15,000 -- -- -- -- Water Plant Solids Disposal 880,000 -- -- -- 880,000 -- East Side Water Storage Tank 770,000 -- -- -- -- 770,000 Waste Water Treatment Fac. Improvement 57,905,000 3,405,000 25,700,000 19,200,000 9,600,000 -- City Share Extra -Width Paving 30,000 30,000 -- -- -- -- South Branch Detention Structure 608,400 608,400 -- -- -- -- Bus Stop Shelters 24,000 24,000 -- -- -- -- Civic Center Air Conditioning 155,000 155,000 -- -- -- -- Civic Center Roof Repair 88,000 88,000 -- -- -- -- Ralston Creek Channel ization & Fac. Impr. 1,470,000 775,000 695,000 -- -- -- Rocky Shore Bikeway 120,000 120,000 -- -- -- -- City Park Bikeway 25,000 25,000 -- -- -- -- Bikeway/Pedestrian Trail 30,000 -- -- 30,000 -- -- River Corridor Buffer & Trail System 234,000 -- 42,000 65,000 75,000 52,000 Swimming Pool-City/School 250,000 -- 250,000 -- -- __ $67,239,850 $ 6,584,850 $27,262,000 $20,155,000 $11,866,000 L1,372,000 1< *A4 - RESOLUTION NO. 80-255 RESOLUTION AUTHORIZING MAYOR TO EXECUTE AND CITY CLERK TO ATTEST SEVENTH AMENDMENT TO AGREEMENT WITH VEENSTRA AND KIMM FOR DESIGN AND PREPARATION OF SPECIFICATIONS FOR WATER POLLUTION CONTROL PLANT AND OUTFALL SEWER WHEREAS, the City of Iowa City entered into an Agreement dated March 4, 1975 with Veenstra and Kimm, Engineers and Planners for the preparation of an overall water pollution control plan in accordance with the Federal Water Pollution Control Act and the Clean Water Act; and WHEREAS, various amendments have been executed by and among the parties dating from June 1975 through and including April 29, 1980, whereby said engineering firm agreed to prepare plans and specifications for a new water pollution control plant and outfall sewer; and WHEREAS, the U.S. Environmental Protection Agency (EPA) has, after review of the Sixth Amendment to the Agreement herein, requested that certain changes be made prior to EPA's grant offer to the City; and WHEREAS, said changes regarding Minority Business Enterprises (MBE's) and the method of computing overhead have now been incorporated into the Seventh Amendment to said Agreement, which Amendments are responsive to the EPA requests. WHEREFORE, BE IT THEREFORE RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY: 1. The Mayor is authorized to execute and the Clerk to attest the Seventh Amendment to an Agreement with Veenstra and Kimm, which Amendment is in response to EPA requests prior to a grant offer to the City. It was moved by Neuhauser and seconded by Roberts 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 ist day of ATTEST: City Clerk 1980. Mayor Received t Approved By The Legal Departmtrrt 447;L- /Eat SEVENTH AMENDMENT TO AGREEMENT WHEREAS, the City of Iowa City, hereinafter referred to as the City, entered into an agreement dated March 4, 1975, with Veenstra & Kimm, Engineers & Planners, hereinafter referred to as the Consultant, for the preparation of a Facility Plan in accordance with Title II of the Federal Water Pollution Control Act Amendments of 1972 (Public Law 92-500), as amended, and as further amended by the Clean Water Act of 1977 (Public Law 95-217), and WHEREAS, the parties hereto executed the original agreement and amendments thereto, dated June 10, 1975, May 10, 1977, August 23, 1977, May 12, 1978, June 13, 1979, and April 29, 1980, hereinafter referred to collectively as the Agreement, and WHEREAS, the amendment dated April 29, 1980, hereinafter referred to as the Sixth Amendment, provided for services by the Consultant to prepare plans and specifications for a new water pollution control plant and outfall sewer, and such other improvements which may be included by amendment, and for other services set forth in said Sixth Amendment, and WHEREAS, said Sixth Amendment was, following review, negotiation and execution by the City and the Consultant, submitted to Region VII of the U.S. Environmental Protection Agency (EPA) for review and approval, and WHEREAS, EPA has requested that certain changes be made to said Sixth Amendment prior to said EPA tendering a grant offer to the City for Step 2 services. NOW, THEREFORE, it is hereby agreed by and between the parties hereto that said Sixth Amendment be amended by the following deletions and additions, to wit: SPECIAL CONDITIONS Under I., delete the first sentence and substitute the following: "1. The Consultant shall subcontract for not less than seven percent (7%) of the fees for services under the Sixth Amendment to Minority Business Enterprise(s) (MBE) capable of performing such services.". -1- %3 COMPENSATION FOR STEP 2 SERVICES Delete the first paragraph of 5. in its entirety and substitute the following: "5. The fees of the Consultant shall be based on the costs of (1) Direct Labor Cost, (2) Indirect Costs, which constitute allowable overhead, (3) other Direct Costs, which constitute expenses of the Consultant, and (4) a Fixed Fee. For purposes of the Sixth Amendment, it is understood and agreed that the Indirect Costs (overhead) have been estimated at the provisional rate of one hundred fifty percent (150%) of direct labor. It is further understood and agreed by the parties hereto that the provisional rate is subject to upward or downward adjustments during the course of the Project, or after Project completion, based on the actual overhead rate during the period of service by the Consultant under this Sixth Amendment.". Add the following sentence to the second paragraph under 5.: "The effective date of Forms 5700-41, referred to herein, shall be May 14, 1980, with said May 14, 1980 being the date of review and execution by the City's Authorized Representative.". Under 6., delete Paragraph a., and substitute the following: "a. For design and plans and specifications for the water pollution control plant, the maximum amount chargeable for the actual costs incurred for Direct Labor, Indirect Costs and other Direct Costs, including a subcontract but excluding the fixed fee, is One Million, Three Hundred Fifty-nine Thousand, Eight Hundred Ninety-seven Dollars ($1,359,897). The fixed fee for design and plans and specifications for the water pollution control plant is Two Hundred Twenty-five Thousand, One Hundred Three Dollars ($225,103).". Under 6., delete Paragraph j., and substitute the following: "j. For all of the tasks set forth herein, the maximum amount chargeable for the actual costs incurred for Direct Labor, Indirect Costs and other Direct Costs, including subcontracts, but excluding the fixed fee, shall be One Million, Seven Hundred Thirty-six Thousand, Eight Hundred Eighty-eight Dollars ($1,736,888). The fixed fee for all of the tasks set forth herein is Two Hundred Sixty-three Thousand, Five Hundred Twelve Dollars ($263,512).". The undersigned do hereby covenant and executed in triplicate as though each no oral amendments or agreements which this instrument. -2- ,1/ 2- state that this Seventh Amendment is were an original and that there are have not been reduced to writing in It is further covenanted and stated that there are no other considerations or monies contingent upon or resulting from the exeuction of this Seventh Amendment, nor have any of the above been implied by or for any party to this instrument. Accepted this a�tc2= day of 1980. CITY OF IOWA CITY, IOWA ATTEST: B Mayor i By Litt' erc ATTEST: M VEENSTRA & KIMM, INC. Engineers & Planners M Reaiwd i Approved JB Th Lffigal D" r1t -3- resiaen V,d COST OR PRICE SUMMARY FORMAT FOR SUBAGREEMENTS UNDER U.S. EPA CHANTS 1 Fornl Approvea _ (See accompanying Instructions before completing this form) I Oh8 No. 158-R0144 PART I - GENERAL 1. Grantee 2. Grant Number CITY OF IOWA CITY, IOWA I C190830 03 3. Name of Contractor or Subcontractor 4. Date of Proposal VEENSTRA 8 KI MM, Engineers d Planners I December 7, 1979 5. Address of Contractor or Subcontractor (With Zip Code) 6. Type of Service to be Furnished 300 West Bank Building Step 2 Engineering Services 1601 22nd Street Sewerage System Improvements West Des Moines, Iowa 50265 1. Water Pollution Control Plant PART II - COST SUMMARY 7. Direct Labor (Specify Labor Categories) Estimated Hourly Hours Rate Estimated Cost Totals See Sheet 1A 41-,698• S S5Z3-,-745- XXXXXXXXXXXXXXXXXX 39,690 498,545 XXXXXXXXXXXXXXXXXX Direct Labor Total: XXXXXXXXX XXXXXXXXX XXXXXXXXXXXx S -5+3;•%45• 498,5 8. Indirect Costs (Specify Indirect Cost Pools) Rate x Base = Estimated Cost XXX XXXXXXXXXXXXX)00(XX Direct Labor Pool 1.50 S50,745 $?85;615 XXXXXXXXXXXXXXXXXX 498,545 747,817 xxxxxxxxxxxxxxxxxx xxxxxxxxxxxxxxxxxx xxxxxxxxxxxxxxxxxx Indirect Costs Total: XXXXXXXXX XXXXXXXXX XXXXXXXXXXXX S 985;6+5- 747,81 9. Other Direct Costs XX)OOOOO O(XXXXXXXX a. Travel Estimated Cost xxxxxxxxxxxxxxxxxx XXXXXXXXXXXXXXXXXX (1) Transportation S 2,250 (2) Per Diem $ 5,800 XXXXXXXX)O(X)OOOOO( xxxxxxxxxxxxxxxxxx Travel Subtotal: XXXXXXXXXXXXXXXXXXXX $ 8,050 b. Equipment, Materials, Supplies (Specify Categories) Quantity Cost Estimated Cost xxxxxxxxxxxxxxxxxx XXXXVIXxxxxxxxxxxx Construction Stakes $ $ 555 XXXXXXXXXX)OOOOOOO( Long Distance Telephone 2,000 XXXX)OXXXXXXX)OLXXX Copying, Printing and Duplicating 28,905 XXXXXXXXOOOO(XXXXX xxxxxxxxxxxxxxxxxx XXL Equipment Subtotal: XXXXXXXXI XXXXXXXXXX 5 31,460 xxxxxxxxxxxxxxxxxx c. Subcontracts Estimated Cost xxxxxxxxxxxxxxxxxx XXXXXXXXXXXXXXXXXX Prepare design computations, plans andspecifications $ 74,025 xxxxxxxxxxxxxxxxxx for plant electrical work. xxxxxxxxxxxxxxxxxx xxxxxxxxxxxxxxxxxx Subcontracts Subtotal.1 XXXXXXXXXI XXXXXXXXXX s 74,025 XXXX)OXXXX)OXXXXXX d. Other (Specify Categories) Estimated Cost XXXXXXXXXXXXX)OXXX xxxxxxxxxxxxxxxxxx s xxxxxxxxxxxxxxxxxx xxxxxxxxxxxxxxxxxx Other Subtotal: I XXXXX)O= I xxxxxxxxxX Sxxxxxxxxxxxxxxxxxx S 39,510 e. Other Direct Costs Total: XXXXX)(XXXI XXXXXXXXXXI XXXXXXXXXXXX 10. Total Estimated Cost $1,348,6.78-1,359,8'. 11. Fixed Fee S 9*^--- 225,1i 12. Total Price 51,585,000 EPA Form 5700-41 (2-76) Sheet 1 REVISED JUNE 24, 1980 TO REFLECT USE OF SUBCONTRACTOR. 5 7 17 13 Al 716 SHEET IA ATTACHMENT TO EPA FORM 5700-41 IOWA CITY, IOWA EPA PROJECT NO. C190830 03 WATER POLLUTION CONTROL PLANT 7. DIRECT LABOR (Specify labor categories) REVISED SUMMARY TOTALS Estimated Hourly Estimated Sub -total Hours Rate Cost Management Supervision 800 $25.00 $ 20,000 Project Engineer 1,200 18.00 21,600 Head -Construction Department 120 19.00 2,280 Field Supervisor 100 13.00 1,300 Party Chief 260 10.00 2,600 Instrument Man 260 9.00 2,340 Survey Helpers 700 6.00 4,200 Head -Design Department 2,300 17.00 39,100 Assistant Head -Design Department 2,600 -1X408- 15.50 i-8:00- 40,300 Systems Speeialisl- Design Engineer 1 5,500 17.00 225,200 93,500 Design Engineer II 4,000 13.50 54,000 Head -Drafting Department 2,050 12.50 25,625 Draftsman 1 6,900 11.00 75,900 Draftsman 11 10,500 9.50 99,750 Head -Clerical Department 500 10.00 5,000 Secretary -Specifications 1,200 6.00 7,200 Clerk 700 5.50 3,850 TOTALS 41,098- $ 523,745 498,545 Total Overhead Pool 8 1.5 39,690 405-, r Sub -total, 309 360 Other D I rect Costs 39-,5+9- 9ii&Total TotalEstimated Cost $1,348,878 Fixed Fee ® 17.5$ TOTAL $1,585,0()e REVISED SUMMARY TOTALS $ 498,545 Total Overhead Pool 8 1.5 747,817 Sub -total $1,246,362 Other Direct Costs 39,510 Subcontractor 74,025 Total Estimated Cost $1,359,897 Fixed Fee 0 17.5% 225,103 TOTAL $1,585,000 Sheet 1A REVISED JUNE 24, 1980 TO REFLECT USE OF SUBCONTRACTOR. i 7 7 COST OR PRICE SUMMARY FORMAT FOR SUBAGREBdENTS UNDER U.S. EPA GRANTS Form Approved (See accompanying Instructions before completing this form) OMB No. 158-R0144 PART I - GENERAL 1. Grantee 2. Grant Number CITY OF IOWA CITY, IOWA C190830 03 3. Name of Contractor or Subcontractor 4. Date of Proposal VEENSTRA d KIMM, Engineers d Planners December 7, 1979 5. Address of Contractor or Subcontractor (With Zip Code) 6. Type of Service to be Furnished 300 West Bank Building Step 2 Engineering Sery Ices 1601 22nd Street Sewerage System Improvements West Des Moines, Iowa 50265 Summary Sheet PART II - COST SUMMARY 7. Direct Labor (Specify Labor Categories) Estimated Hourly Hours Rate Estimated Cost Totals See Individual Sheets 45,957 $ $%6;38G xxxxxxxxxxxxxxxxxx 44,557 561,186 XXXXXXXXXXXXXXXXXX Direct Labor Total: XXXXXXXXX XXXXXXXXX XXXXXXXXXXXX S 586,366 561,18 8. Indirect Costs (Specify Indirect Cost Pools) Rate x Base = Estimated Cost xxxxxxxxxxxxxxxxxx xxxxxxxxxxxxxxxxxx Direct Labor Pool 1.50 1 $586;38& $679-,57-5- xxxxxxxxxxxxxxxxxx 561,186 841,777 XXXXxxxxxxxxxxxxxx xxxxxxxxxxxxxxxxxx xxxxxxxxxxxxxxxxxx Indirect Costs Total: XXXXXXXXX XXXXXXXXX XXXXXXXXXXXX $ 879,585 841,77 9. Other Direct Costs Xxxxxxxxxxxxxxxxxx a. Travel Estimated Cost xxxxxxxxxxxxxxxxxx xxxxxxxxxxxxxxxxxx (1) Transportation $ 4,675 xxxxxxxxxxxxxxxxxx (2) Per Diem $ 10,500 XXXXXXXXXXXXXXXXXX Travel Subtotal: XXXXXXXXXXXXXXXXXXXX $ 15,175 xxxxxxxxxxxxxxxxxx b. Equipment, Materials, Supplies (Specify Categories) Quantltyl Cost Estimated Cost xxxxxxxxxxxxxxxxxx XXXXXXXXXXXXXXXXXX Construction Stakes $ $ 955 xxxxxxxxxxxxxxxxxx Long Distance Telephone 2,667 xxxxxxxxxxxxxxxxxx Copying, Printing and Duplicating 37,203 xxxxxxxxxxxxxxxxxx Sludge Analysis 400 XXXXXXXXXXXXXXXXXX xxxxxxxxxxxxxxxxxx Equipment Subtotal: XXXXXXXX XXXXXXXXXX $ 41,225 xxxxxxxxxxxxxxxxxx c. Subcontracts Estimated Cost xxxxxxxxxxxxxxxxxx XXXXXXXXXXXXXXXXXX Outfall Sewer and Water Pollution Control Plant $184,525 51•tO;5e0 xxxxxxxxxxxxxxxxxx Solis Investigations 18,000 xxxxxxxxxxxxxxxxxx Value Engineering 75,000 xxxxxxxxxxxxxxxxxx Subcontracts Subtotald XXXXXXXXXI XXS277,525 5203;500- XXXXXXXXXXXXXXXXXX d. Other (Specify Categories) Estimated Cost xxxxxxxxxxxxxxxxxx xxxxxxxxxxxxxxxxxx $ xxxxxxxxxxxxxxxxxx xxxxxxxxxxxxxxxxxx Other Subtotal: XXXXXXXXX xXxxxxxxxx $ xxxxxxxxxxxxxxxxxx e. Other Direct Costs Total:j XXXXXXXXX XXXXXXXxXX XXXXxxxXXXXX $ 259,90 333,9: 10. Total Estimated Cost -25;86F 1,736,81 11. Fixed Fee $ -z-R'r,539 263,5' 12. Total Price $2,000,400 EPA Form 5700-41 (2-76) Sheet 10 REVISED JUNE 24, 1980 TO REFLECT USE OF SUBCONTRACTOR ON 1. WATER POLLUTION CONTROL PLANT 2 7 15 18 2 #79 RESOLUTION NO. 80-2 56 RESOLUTION EXTENDING THE DEADLINE BY WHICH THE REDUCTION IN FORCE IN CITY EMPLOYMENT FOR FY81 IS TO BE ACHIEVED WHEREAS, Resolution 80-91 adopted by the City Council on March 11, 1980, establishing an operating budget for Fiscal Year 1981 represents a reduction in force for City employment, and WHEREAS, this reduction in force has been largely achieved through attrition, with the exception of two full-time and two part-time positions, and WHEREAS, funding is available to retain employees in these positions between July 1, 1980 and September 30, 1980 to allow for further reduction through attrition, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the date by which the reduction in force is to be achieved is extended to September 30, 1980, and the following positions in City employment are individually retained in the FY81 budget for a period of time between July 1, 1980 and September 30, 1980, to be determined by the City Manager. A. 1 Senior Clerk/Typist - Fire Department. B. 1 Housing Inspector - Dept. of Housing & Inspection Services. C. k Senior Clerk/Typist - Finance Dept., Purchasing Division. D. 4 Clerk/Typist - Police Dept., Records Division. E. '2 Animal Control Officer. It was moved by Vevera and seconded by Neuhauser the Resolution 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 1st day of July 1980. /�R�_ M Y ATTEST: CITY CLERK Received & Approved By the Legal Department RESOLUTION NO. 80-257a RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE CONTRACTS IN THE IOWA CITY AREA WITH THE RAPE VICTIM ADVOCACY PROGRAM WHEREAS, the City Council of Iowa City, Iowa, deems it in the public interest to provide rape victim advocacy services in the Iowa City area, and WHEREAS, the Rape Victim Advocacy Program provides emergency services for all victims of sexual assault, and WHEREAS, the City of Iowa City is empowered by State law to enter into contracts and agreements, and WHEREAS, the Rape Victim Advocacy Program is a non-profit program coordinated by the University of Iowa which is organized and operates under the State laws of Iowa, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the Mayor be authorized to execute and the City Clerk to attest this agreement. It was moved by Neuhauser and seconded by Roberts that the Resolution 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 this 1st day of July 1980. AYO ATTEST: Z' CITY CLERK Received & Approved By The Legal oe part2(it �' 1 q—,Fo AGREEMENT ThisA r �m nt was made and entered into on the f day of 1980, by and between the City of Iowa City, Iowa, a muni pal c poration, hereinafter referred to as the "City," and the Rape Vict m Advocacy Program for one (1) year beginning with the signing of this Agreement. This Agreement shall be subject to the following terms and conditions, to - wit: 1. The Rape Victim Advocacy Program shall not permit any of the following practices: a. To discharge from employment or refuse to hire any individual because of their race, creed, color, national origin, religion, age, sex, marital status, sexual orientation, or disability. b. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, creed, color, national origin, religion, age, sex, marital status, sexual orientation or disability. 2. The Rape Victim Advocacy Program shall not deny to any person its services on the basis of race, creed, color, sex, national origin, religion, age, marital status, sexual orientation, or disability. I. SCOPE OF SERVICES The Rape Victim Advocacy Program will provide emergency services for all victims of sexual assault including counseling, medical, and law enforce- ment advocacy intervention and referral to other agencies. Community education will be provided by an information bureau and a speaker's bureau which provide current statistics and information on sexual crimes and prevention. II. FUNDING The City of Iowa City shall pay to the Rape Victim Advocacy Program the sum of $7,770 a year in FY81 with the agreement between the parties that the $7,770 shall be allocated toward the salary of the full-time coordinator of the program herein described. III. GENERAL ADMINISTRATION A. The City will transfer the funds in two payments ($3,885.00 at the time of signing and a 3,885.00 payment to be made on January 1, 1981). 4z Fl 2 B. The Director of the Rape Victim Advocacy Program shall submit monthly reports and a final report at the end of the contract period. C. Rape Victim Advocacy Program will provide an accounting at the end of the contract period. D. The University of Iowa agrees that the Rape Victim Advocacy Program is a University sponsored activity and that the Program Director, employees, agents, officers, and volunteers are employees of the University of Iowa and not the City of Iowa City and that the University of Iowa will defend and indemnify the program, its employees, agents, officers and volunteers against claims pursuant to the terms of the Iowa Code, Chapter 25A. E. All outstanding bills are to be paid upon termination within a thirty day period and with no liability of the City beyond that thirty day period. F. Rape Victim Advocacy Program agrees that its staff and agents will not use City funds to travel to any state that has not ratified the Equal Rights Amendment throughout the duration of this contract. G. This contract may be terminated upon a thirty day written notice by either party. IV. DURATION This agreement shall commence upon the signing of the parties and shall terminate on June 30, 1981, except as provided herein. V. ASSIGNMENT This agreement may not be assigned without written agreement of the parties. Fb the City o>f Iowa, I wa: JOHN R. BALMER, MAYOR 'i ATTEST: Gc�, ABBIE STOLFUS, CITY CLERK �cvad 6y T 1e aI Qepa nt For• TATE UNIVERSITY OF -IOWA NAM RAY B. MOSSMAN BUSINESS MANAGER & TITLE ATTEST TITLE RESOLUTION NO. 80-257b RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE CONTRACTS IN THE IOWA CITY AREA WITH THE RAPE VICTIM ADVOCACY PROGRAM AND THE MID - EASTERN IOWA COMMUNITY MENTAL HEALTH CENTER WHEREAS, the City Council of Iowa City, Iowa, deems it in the public interest to provide community awareness education program in the Iowa City area, and WHEREAS, the Rape Victim Advocacy Program and the Mid -Eastern Iowa Community Mental Health Center has developed a community awareness education program concerning sexual assault, and WHEREAS, the City of Iowa City is empowered by State law to enter into contracts and agreements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the Mayor be authorized to execute and the City Clerk to attest this agreement. It was moved by Neuhauser and seconded by Roberts that the Resolution 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 this 1st ATTEST: ' CITY CLERK of July , 1980. Reu,ived & Approved By Tha Legal Department / gN AGREEMENT Th' A Bement was made and entered into on the p I& day of 1980, by and between the City of Iowa City, Iowa, a muq&cipacorporation, hereinafter referred to as the "City," and the Rape Victim Advocacy Program and the Mid -Eastern Iowa Community Mental Health Center for one (1) year beginning with the signing of this Agreement. This Agreement shall be subject to the following terms and conditions, to - wit: 1. The Rape Victim Advocacy Program shall not permit any of the following practices: a. To discharge from employment or refuse to hire any individual because of their race, creed, color, national origin, religion, age, sex, marital status, sexual orientation, or disability. b. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, creed, color, national origin, religion, age, sex, marital status, sexual orientation or disability. 2. The Rape Victim Advocacy Program shall not deny to any person its services on the basis of race, creed, color, sex, national origin, religion, age, marital status, sexual orientation, or disability. I. SCOPE OF SERVICES The RVAP and the Mid -Eastern Iowa Mental Health Center will conduct a Near North Side Prevention Project by the distribution of educational materials to residents of that area. II. FUNDING The City of Iowa City shall pay to the RVAP and the Mid -Eastern Iowa Mental Health Center the sum of $1,745 in FY81 with the agreement between the parties that the $1,745 shall be allocated toward the administration of the Near North Side Prevention Project. III. GENERAL ADMINISTRATION A. The City will transfer the funds in one single payment at the time of signing. B. The Coordinator of the RVAP shall submit monthly reports and a final report at the end of the contract period. C. The Mental Health Center will provide an accounting at the end of the contract period. D. All outstanding bills are to be paid upon termination within a thirty day period and with no liability of the City beyond that thirty day period. ea E. The Rape Victim Advocacy Program agrees that its staff and agents will not travel to any state that has not ratified the Equal Rights Amendment throughout the duration of this contract with City funds. F. This contract may be terminated upon a thirty day written notice by either party. .IV. DURATION This agreement shall commence upon the signing of the parties and shall terminate on June 30, 1981, except as provided herein. V. ASSIGNMENT This agreement may not be assigned without written agreement of the parties. For the City of wa Io a: For: J HN R. BALM R, MAYOR NAMEZ,;s,� l TITLE ATTEST: ATTEST: µ ABBIE STOLFUS, CITY LERK Ij(1 E °-<,tived A At,k,-rA,wl IJ';' TNe *aea' (X".erkrrent sL✓ (v 1 �� RESOLUTION NO. 80-258 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE CONTRACTS FOR EMERGENCY ASSISTANCE IN THE IOWA CITY AREA WITH IOWA CITY CRISIS INTERVENTION CENTER WHEREAS, the City Council of Iowa City deems it in the public interest to provide services to assist persons needing emergency assistance in Iowa City, and WHEREAS, Iowa City Crisis Intervention Center is an agency which provides short term crisis intervention and counseling, information and referral services in Iowa City, and direct aid to transient persons, and WHEREAS, the City of Iowa City is empowered by the State law to enter into contracts and agreements, and WHEREAS, Iowa City Crisis Intervention Center is a non-profit corporation organized and operating under the laws of the State of Iowa, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the Mayor be authorized to execute and the City Clerk to attest this agreement. It was moved by Neuhauser and seconded by Roberts that the Resolution 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 this 1st day of July 1980. \ MAYOR ATTEST: �a CITY CLERK Received i Approved By TM WOW Department AGREEMENT T' A reement was made and entered into on the day of rl�r 1980, by and between the City of Iowa City, Iowa, a m icip 1 corporation, hereinafter referred to as the "City," and the Iowa City Crisis Intervention Center for one (1) year beginning with the signing of this Agreement. This Agreement shall be subject to the following terms and conditions, to - wit: 1. The Iowa City Crisis Intervention Center shall not permit any of the following practices: a. To discharge from employment or refuse to hire any individual because of their race, creed, color, national origin, religion, age, sex, marital status, sexual orientation, or disability. b. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, creed, color, national origin, religion, age, sex, marital status, sexual orientation or disability. 2. The Iowa City Crisis Intervention Center shall not deny to any person its services on the basis of race, creed, color, sex, national origin, religion, age, marital status, sexual orientation, or disability. I. SCOPE OF SERVICES The Iowa City Crisis Intervention Center agrees to provide assistance to individuals, including but not limited to, counseling and information and referral services and emergency transportation and emergency shelter for both callers and walk ins. II. FUNDING The City of Iowa City shall pay to the Iowa City Crisis Intervention Center the sum of $7,500 in FY81 with the agreement between the parties that $2,500 will be used to meet operating expenses of the Transient Services and $5,000 will be used to meet operating expenses of the Crisis Center. III. GENERAL ADMINISTRATION A. The City will transfer the funds in quarterly payments. The first payment will be made at the time of signing. B. The Iowa City Crisis Intervention Center Director will submit quarterly reports of its activities to the City Council. T8! C. The Iowa City Crisis Intervention Center will submit quarterly accounting reports of expenditures. D. For the purposes of this agreement staff shall be considered employees of the Iowa City Crisis Intervention Center and any fringe benefits received by the staff shall be through the Iowa City Crisis Intervention Center. The employees and agents of the Iowa City Crisis Intervention Center shall comply with personnel policies formulated by its Board of Directors. E. The Iowa City Crisis Intervention Center shall maintain in full force and effect a comprehensive liability insurance policy executed by a company authorized to do business in the State of Iowa, in a form approved by the City Manager. The minimum limits of such a policy shall be as follows: To cover the insured liability for personal injury or death in the amount of $300,000 and for property damage of $10,000. The failure of the Iowa City Crisis Intervention Center to maintain such a policy in full force and effect shall constitute immediate termination of this agreement and of all rights contained herein. The Iowa City Crisis Intervention Center acting as its own agent agrees to defend indemnify and save harmless the City of Iowa City, Iowa, its officers, employees, and agents from any and all liability or claims of damages arising under the terms of this agreement or for any wrong doings caused by the Iowa City Crisis Intervention Center staff, including but not limited to injuries to persons or properties served by or coming into contact with the Iowa City Crisis Intervention Center. G. All outstanding bills are to be paid upon termination within a thirty day period and with no liability of the City beyond that thirty day period. H. The Iowa City Crisis Intervention Center agrees that its staff and agents will not use City funds to travel to states that have not ratified the Equal Rights Amendment throughout the duration of this contract. IV. DURATION This agreement shall commence upon the signing of the parties and shall terminate on June 30, 1981, except as provided herein. V. ASSIGNMENT This agreement may not be assigned without written agreement of the parties. a F the ity of Iowa, Io a: \J N R. BALMER, MA (0 ATTEST: A- ABBIE STOLFUS, CIT CLERK Received & Approved gY The Legal Department f7;7 / d RESOLUTION NO. 80-259 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE CONTRACTS FOR YOUTH SERVICES IN THE IOWA CITY AREA WITH THE MAYOR'S YOUTH EMPLOYMENT PROGRAM WHEREAS, the City Council of Iowa City, Iowa, deems it in the public interest to provide Johnson County youth between the ages of 14 and 18, who are either current ADC recipients or who are determined to be disadvantaged, with meaningful subsidized work experiences in the public and private non-profit agencies, and WHEREAS, Mayor's Youth Employment Program provides assistance in develop- ing youth with positive work attitudes and work habits so that they can later secure non -subsidized jobs, and WHEREAS, the City of Iowa City is empowered by the State law to enter into contracts and agreements, and WHEREAS, Mayor's Youth Employment Program is a non-profit organization organized and operating under the laws of the State of Iowa, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the Mayor be authorized to execute and the Clerk be to attest this agreement. It was moved by Neuhauser and seconded by Roberts that the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer X Lynch X Erdahl X Neuhauser X Perret x Roberts X T Vevera Passed and approved this 1st day of July 1980. ATTEST: Received & Approved By The Le al Department 4z9oz— AGREEMENT Thi A Bement was made and entered into on the 3 rt4 day of , 1980, by and between the City of Iowa City, Iowa, a mun ipal corporation, hereinafter referred to as the "City," and the Mayor's Youth program for one (1) year beginning with the signing of this Agreement. This Agreement shall be subject to the following terms and conditions, to - wit: 1. The Mayor's Youth program shall not permit any of. the. following practices: To discharge from employment or refuse to hire any'individual because of their race, creed, color, national origin, religion, age, sex, marital status, sexual orientation, or disability. b. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, creed, color, national origin, religion, age, sex, marital status, sexual orientation or disability. The Mayor's Youth Program shall not deny to any person its services on the basis of race, creed, color, sex, national origin, religion, age, marital status, sexual orientation, or disability. I. SCOPE OF SERVICES The Mayor's Youth agrees to provide meaningful employment within public and private non-profit agencies for youth between the ages of 14 and 18 who are currently recipients of ADC or socially and economically disadvantaged. It shall provide job training, vocational and career counseling, and assist youths to develop positive work habits so that future employment opportunities will be enhanced. Mayor's Youth agrees to refer youth to appropriate agencies and programs in accordance with their needs. It also agrees to assist youth who are not eligible for Mayor's Youth to secure employment in the private sector through referral. II. FUNDING The City shall pay $20,000 to provide these services during the 1979-80 school year (9.5 months). It is understood that the State of Iowa, the City of Coralville and the Iowa City School District shall also contribute to Mayor's Youth. III. GENERAL ADMINISTRATION A. The City will provide accounting and payroll services for the Mayor's Youth Program during the school year program. The Director shall submit quarterly reports and minutes to the City Council. The Director shall be responsible for the administration of the program, including the preparation of an annual program budget for the City Council's consideration. For the purposes of this Agree- ment, the Director shall be considered an employee of the City of Iowa City. When a vacancy occurs, the position should be filled in accordance with the City's personnel policies. However, the Mayor's Youth Board shall serve as an advisory committee for the selection of the Director. The Director shall be entitled to employment benefits of the City including sick leave and vacation. Upon termination, the Director shall be compensated for any accumulated vacation or sick leave in accordance with the City's personnel rules. Both the Director and the staff shall comply with the personnel rules of the City. The Mayor's Youth Program may utilize the City's central purchasing facilities; however, prior approval for expenditures must be obtained from the City Manager or his designee. D. The City shall not assume responsibility for any torts, wrongdoings, or criminal action caused by youths employed through the Mayor's Youth Program. All outstanding bills are to be paid upon termination within a 30 day period with no liability to the City. Mayor's Youth agrees that its staff and agents will not use City funds to travel to any state that has not ratified the Equal Rights Amendment throughout the duration of this contract. G. This contract may be terminated upon a 30 day notice by either party. IV. DURATION This agreement shall commence upon the signing of the parties and shall terminate on June 30, 1981, except as provided herein. V. ASSIGNMENT This agreement may not be assigned without written agreement of the parties. r the Cityyoof Iowa_, owa: JOHN R. BALMER,-F YOR For: Mayor's Youth Program (Z!y,\ R �_\ _ Q NAM l TITLE J/ 9f/ ATTEST: ATTEST: ABBIE STOLFU , CIT CLERK Received & Approved By The Legal Department -'el 9S RESOLUTION N0. 80-260 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE CONTRACT FOR YOUTH SERVICES IN IOWA CITY WITH IOWA CITY BABE RUTH LEAGUE WHEREAS, the City Council of Iowa City, Iowa, deems it in the public interest to provide meaningful recreation for Iowa City youth, and WHEREAS, the Iowa City Babe Ruth League sponsors recreation programs available to boys and girls alike to achieve this goal, and WHEREAS, the City of Iowa City is empowered by the State law to enter into contracts and agreements, and WHEREAS, the Iowa City Babe Ruth League is a non-profit program, organized and operating under the State laws of Iowa, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the Mayor be authorized to execute and the City Clerk to attest this agreement. It was moved by Neuhauser and seconded by Rnbartc that the Resolution 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 this day of July 1980.�� M Y R� ATTEST: LJ CITY CLERK Received & Approved By The Legal Depa nt 61(g � 9G AGREEMENT T is r ement was made and entered into on the 3rd day of 1980, by and between the City of Iowa City, Iowa, a mUicipa4 corporation, hereinafter referred to as the "City," and the Babe Ruth League for one (1) year beginning with the signing of this Agreement. This Agreement shall be subject to the following terms and conditions, to- wi t: 1. The Babe Ruth League shall not permit any of the following practices: a. To discharge from employment or refuse to hire any individual because of their race, creed, color, national origin, religion, age, sex, marital status, sexual orientation, or disability. b. To discriminate against any individual in terms, conditions, or privileges .of employment because of their race, creed, color, national origin, religion, age, sex, marital status, sexual orientation or disability. 2. The Babe Ruth League shall not deny to any person its services on the basis of race, creed, color, sex, national origin, religion, age, marital status, sexual orientation, or disability. I. SCOPE OF SERVICES The Babe Ruth League agrees to provide a meaningful recreation program to meet the needs of the youth in the community. II. FUNDING The City of Iowa City shall pay to the Babe Ruth League the sum of $1100/Yr. in FY81 with the agreement between the parties that the said money shall be used for the implementation of the recreational program. III. GENERAL ADMINISTRATION A. The City will transfer the funds to the Babe Ruth League at the time of signing of this contract. B. The Director of the Babe Ruth League shall submit a report of activities at the end of the contract period. C. The Babe Ruth League will provide an accounting at the end of the contract period. D. For the purposes of this agreement, staff are considered employees of the Babe Ruth League. 2 E. The Babe Ruth League shall maintain in full force and effect a comprehensive liability insurance policy executed by a company authorized to do business in the State of Iowa, in a form approved by the City Manager. The minimum limits of such a policy shall be as follows: To cover the insured liability for personal injury or death in the amount of $300,000 and for property damage of $10,000. The failure of the Babe Ruth League to maintain such a policy in full force and effect shall constitute immediate termination of this agreement and all the rights and privileges contained herein. F. The Babe Ruth League, acting as its own agent, agrees to defend, indemnify, and save harmless, the City of Iowa City, Iowa, its officers, employees, and agents, from any claims of damages arising under the terms of this Agreement or for any wrong doings caused by the Babe Ruth League staff including but not limited to persons or properties served by or coming into contact with the Babe Ruth League. G. All outstanding bills are to be paid upon termination within a thirty day period and with no liability of the City beyond that thirty day period. H. The Babe Ruth League agrees that its staff and agents will not use City funds to travel to any state that has not ratified the Equal Rights Amendment throughtout the duration of this contract. I. This contract may be terminated upon a thirty day written notice by either party. DURATION This agreement shall commence upon the signing of the parties and shall terminate on June 30, 1981, except as provided herein. V. ASSIGNMENT This agreement may not be assigned without written agreement of the parties. 'F the City of owa, waw ��JOH1 R. BALMER, MAYOR ATTEST: / C ATTEST: A BIE STOLFUS, CITV CLERK Received & Approved By ih• Canal Department 4z 99 ew RESOLUTION NO. 80-261 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE CONTRACTS FOR YOUTH SERVICES IN THE IOWA CITY, IOWA AREA WITH THE PALS PROGRAM OF JOHNSON COUNTY EXTENSION SERVICE WHEREAS, the City Council of Iowa City, Iowa, deems it in the public interest to provide youth in the Iowa City area with volunteer adult companionship for youths between the ages of 6 and 14, and WHEREAS, PALS Program provides matching volunteers for youths in the Iowa City area between these ages, and WHEREAS, the City of Iowa City, Iowa, is empowered by the State law to enter into contracts and agreements, and WHEREAS, the PALS Program is a non-profit program of the Johnson County Extension Service which is organized and operating under the laws of the State of Iowa, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the Mayor be authorized to execute and the City Clerk to attest this agreement. It was moved by Neuhauser and seconded by Roberts that the Resolution 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 this 1st day of Ju1Y 1980. AYOR c ATTEST: CITY CLERK 14 Recehred $ Approved By The Legal Department � 9 Pa AGREEMENT ThisAgr a ent was made and entered into on the 9 7& day of 1980, by and between the City of Iowa City, Iowa, a mLb4cipa-I corporation, hereinafter referred to as the "City," and the PALS Program for one (1) year beginning with the signing of this Agreement. This Agreement shall be subject to the following terms and conditions, to - wit: 1. The PALS Program shall not permit any of the following practices: a. To discharge from employment or refuse to hire any individual because of their race, creed, color, national origin, religion, age, sex, marital status, sexual orientation, or disability. b. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, creed, color, national origin, religion, age, sex, marital status, sexual orientation or disability. 2. The PALS Program shall not deny to any person its services on the basis of race, creed, color, sex, national origin, religion, age, martial status, sexual orientation, or disability. I. SCOPE OF SERVICES The PALS Program agrees to provide a program whereby youths between the ages of 6 and 14 years of age are matched with adult volunteers, who will provide guidance and companionship. II. FUNDING The City of Iowa City shall pay to the PALS Program the sum of $15,500 in FY81 with the agreement between the parties that the funds shall be allocated toward the salaries of the program coordinator and caseworkers of the program herein described. III. GENERAL ADMINISTRATION A. The City will transfer the funds quarterly to the PALS Program. The first payment will be made at the time of signing of this contract. B. The PALS coordinator shall submit quarterly reports to the City Council. 50/ 2 C. PALS will provide a quarterly accounting of expenditures. D. For the purposes of this agreement, the coordinator shall be considered an employee of Johnson County Extension Service and any fringe benefits received by the coordinator shall be through the Johnson County Extension Service. The Coordinator of the PALS Program shall adhere to the personnel policies of Johnson County Extension Service. E. The PALS Program shall maintain in full force and effect a comprehensive liability insurance policy executed by a company authorized to do business in the State of Iowa, in a form approved by the City Manager. The minimum limits of such a policy shall be as follows: To cover the insured liability for personal injury or death in the amount of $300,000 and for property damage of $10,000. The failure of the PALS Program to maintain such a policy shall constitute immediate termination of this agreement and all rights and privileges contained herein. F. The Johnson County Extension Service, acting as an agent on behalf of Johnson County, agrees to defend, indemnify, and save harmless the City of Iowa City and its officers, employees, and agents from any and all liability or claims of damages arising under the terms of this agreement, or for any torts or wrongdoings caused by the PALS staff, but not limited to any injuries to persons or property served by or coming into contact with the PALS Program. G. All outstanding bills are to be paid upon termination within a thirty day period and with no liability of the City beyond that thirty day period. H. PALS agrees that its staff and agents will not use City funds to travel to any state that has not ratified the Equal Rights Amendment throughout the duration of this contract. IV. DURATION This agreement shall commence upon the signing of the parties and shall terminate on June 30, 1981, except as provided herein. V. ASSIGNMENT This agreement may not be assigned without written agreement of the parties. ,5-4007- For the City of Iowa, ow For- PALS Program �HN� ALMER, MAYOR NV4E ATTEST: ABBIE STOLFUS, CITY LERK -3 qq- LN46 ar. k ". w 7i9%o TITLE ATTEST: Recvived 8 Approved By The Legal Department So3 RESOLUTION NO. 80-262 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE CONTRACT FOR YOUTH SERVICES IN IOWA CITY WITH IOWA CITY BOYS' BASEBALL, INC. WHEREAS, the City Council of Iowa City, Iowa, deems it in the public interest to provide meaningful recreation for Iowa City youth, and WHEREAS, the Iowa City Boys' Baseball, Inc. sponsors recreation programs available to boys and girls alike to achieve this goal, and WHEREAS, the City of Iowa City is empowered by the State law to enter into contracts under State laws of Iowa, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the Mayor be authorized to execute and the City Clerk to attest this agreement. It was moved by Neuhauser and seconded by Roberts that the Resolution 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 this 1st a of July 1980. MA OR i RzceiVBd $ Approved BY The Legal ertment se f/ f AGREEMENT TM is reement was made and entered into on the �+iL day of TM 1980, by and between the City of Iowa City, Iowa, a nici l corporation, hereinafter referred to as the "City," and the Boy's Baseball Program for one (1) year beginning with the signing of this Agreement. This Agreement shall be subject to the following terms and conditions, to - wit: 1. The Boy's Baseball Program shall not permit any of the following practices: a. To discharge from employment or refuse to hire any individual because of their race, creed, color, national origin, religion, age, sex, marital status, sexual orientation, or disability. b. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, creed, color, national origin, religion, age, sex, marital status, sexual orientation or disability. 2. The Boy's Baseball Program shall not deny to any person its services on the basis of race, creed, color, sex, national origin, religion, age, marital status, sexual orientation, or disability. I. SCOPE OF SERVICES Boy's Baseball agrees to provide a meaningful recreation program to meet the needs of the youth in the community and to promote recreational programs to girls and boys alike. II. FUNDING The City of Iowa City shall pay to Boy's Baseball the sum of $1100/Yr. in FY81 with the agreement between the parties that the said money shall be used for the implementation of the recreational program. III. GENERAL ADMINISTRATION A. The City will transfer the funds to Boy's Baseball at the time of signing of this contract. B. The Director of Boy's Baseball shall submit a report of activities at the end of the contract period. C. Boy's Baseball will provide an accounting at the end of the contract period. 5oS 2 D. For the purposes of this agreement, paid staff are considered employees of Boy's Baseball, Inc. E. Boy's Baseball shall maintain in full force and effect a compre- hensive liability insurance policy executed by a company authorized to do business in the State of Iowa, in a form approved by the City Manager. The minimum limits of such a policy shall be as follows: To cover the insured liability for personal injury or death in the amount of $300,000 and for property damage of $10,000. The failure of Boy's Baseball to maintain such a policy in full force and effect shall constitute immediate termination of this agreement and all the rights and privileges contained herein. F. Boy's Baseball, acting as its own agent, agrees to defend, indemnify, and save harmless, the City of Iowa City, Iowa, its officers, employees, and agents, from any claims of damages arising under the terms of this Agreement or for any wrong doings caused by the Boy's Baseball staff including but not limited to persons or properties served by or coming into contact with the Boy's Baseball Program. G. All outstanding bills are to be paid upon termination within a thirty day period and with no liability of the City beyond that thirty day period. H. Boy's Baseball agrees that its staff and agents will not use City funds to travel to any state that has not ratified the Equal Rights Amendment throughout the duration of this contract. I. This contract may be terminated upon a thirty day written notice by either party. IV. DURATION This agreement shall commence upon the signing of the parties and shall terminate on June 30, 1981, except as provided herein. V. ASSIGNMENT This agreement may not be assigned without written agreement of the parties. o the City o hgwa,.Iows: For: HN R. BALMER, MAY RAMS E sir TITLE ATTEST: ATTEST: , ABBIE STOLFUS, CIT CLERKNit X" 44 ti TITLE V Received & Approved By The Legal Department ccs/ 61 sol RESOLUTION NO. 80-263 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE CONTRACT FOR YOUTH SERVICES IN IOWA CITY WITH IOWA CITY GIRLS' SOFTBALL WHEREAS, the City Council of Iowa City, Iowa, deems it in the public interest to provide meaningful recreation for Iowa City youth, and WHEREAS, the Iowa City Girls' Softball sponsors recreation programs available to boys and.girls alike to achieve this goal, and WHEREAS, the City of Iowa City is empowered by the State law to enter into contracts and agreements, and WHEREAS, Iowa City Girls' Softball is a non-profit program, organized and operating under the State laws of Iowa, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the Mayor be authorized to execute and the City Clerk to attest this agreement. It was moved by Neuhauser and seconded by Roberts that the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: _cX Balmer X Lynch X Erdahl X Neuhauser X Perret X Roberts X Vevera Passed and approved this 1st day of Jul v 1980. 7 6 / \/M4 ATTEST: CITY CLERK Received & Approved B The Legal De mint M 01.261,rd 5e,9 AGREEMENT Ts Agreement was made and entered into on the V � day of if 1980, by and between the City of Iowa City, Iowa, a municipAp corporation, hereinafter referred to as the "City," and the Girl's Softball Program for one (1) year beginning with the signing of this Agreement. This Agreement shall be subject to the following terms and conditions, to - wit: 1. The Girl's Softball Program shall not permit any of the following practices: a. To discharge from employment or refuse to hire any individual because of their race, creed, color, national origin, religion, age, sex, marital status, sexual orientation, or disability. b. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, creed, color, national origin, religion, age, sex, marital status, sexual orientation or disability. 2. The Girl's Softball Program shall not deny to any person its services on the basis of race, creed, color, sex, national origin, religion, age, marital status, sexual orientation, or disability. I. SCOPE OF SERVICES Girl's Softball agrees to provide a meaningful recreation program to meet the needs of the youth in the community and to provide recreational programs to girls and boys alike. II. FUNDING The City of Iowa City shall pay to Girl's Softball the sum of $1100/Yr. in FY81 with the agreement between the parties that the funds shall be used for the implementation of the recreational program. III. GENERAL ADMINISTRATION A. The City shall transfer the funds to Girl's Softball at the time of signing of this contract. B. The Director of Girl's Softball shall submit a report of activities at the end of the contract period. C. Girl's Softball shall provide an accounting at the end of the contract period. 567 0 2 0 D. For the purposes of this agreement, staff are considered employees of Girl's Softball, Inc. E. Girl's Softball shall maintain in full force and effect a compre- hensive liability insurance policy executed by a company authorized to do business in the State of Iowa, in a form approved by the City Manager. The minimum limits of such a policy shall be as follows: To cover the insured liability for personal injury or death in the amount of $300,000 and for property damage of $10,000. The failure of Girl's Softball to maintain such a policy in full force and effect shall constitute immediate termination of this agreement and all the rights and privileges contained herein. F. Girl's Softball, acting as its own agent, agrees to defend, indemnify, and save harmless, the City of Iowa City, Iowa, its officers, employees, and agents, from any claims of damages arising under the terms of this Agreement or for any wrong doings caused by the Girl's Softball staff including but not limited to persons or properties served by or coming into contact with the Girl's Softball Program. G. All outstanding bills are to be paid upon termination within a thirty day period and with no liability of the City beyond that thirty day period. H. Girl's Softball agrees that its staff and agents will not use City funds to travel to any state that has not ratified the Equal Rights Amendment throughout the duration of this contract. I. This contract may be terminated upon a thirty day written notice by either party. IV. DURATION This agreement shall commence upon the signing of the parties and shall terminate on June 30, 1981 except as provided herein. V. ASSIGNMENT This agreement may not be assigned without written agreement of the parties. o the City of Iowa, Iowa: For: `' , GHN R. BALKER, MAYOR NAME _5�/0 ATTEST: ftc ABBIE STOLFUS, CITY/CLERK r O TI TLE i Rece;v{ g AAProved BY the 511 RESOLUTION NO. 80-264 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE CONTRACTS FOR YOUTH SERVICES IN THE IOWA CITY AREA WITH UNITED ACTION FOR YOUTH WHEREAS, the City Council of Iowa City deems it in the public interest to provide assistance to young people in Iowa City who are under stress and alienated from traditional approaches to youth services and who may possibly be approaching delinquency, and WHEREAS, United Action for Youth is an agency which plans and conducts an Outreach Program to locate youth who are alienated from the traditional approaches to youth services and help them identify their individual needs and facilitate meeting the same in the best interest for the individual and the community, and WHEREAS, the City of Iowa City is empowered by the State law to enter into contracts and agreements, and WHEREAS, United Action for Youth is a non-profit corporation organized and operating under the laws of the State of Iowa, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the Mayor be authorized to execute and the City Clerk to attest this agreement. It was moved by Neuhauser and seconded by Roberts that the Resolution 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 this 1st day of July 1980. Y.OR ATTEST: CITY CLERK Received $ Appmvad By The Legal Depa'of s-iz AGREEMENT Thi A eement was made and entered into on the 3Y� day of 1980, by and between the City of Iowa City, Iowa, a mun cipal corporation, hereinafter referred to as the "City," and the United Action for Youth for one (1) year beginning with the signing of this Agreement. This Agreement shall be subject to the following terms and conditions, to - wit: 1. The United Action for Youth shall not permit any of the following practices: a. To discharge from employment or refuse to hire any individual because of their race, creed, color, national origin, religion, age, sex, marital status, sexual orientation, or disability. b. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, creed, color, national origin, religion, age, sex, marital status, sexual orientation or disability. 2. The United Action for Youth shall not deny to any person its services on the basis of race, creed, color, sex, national origin, religion, age, marital status, sexual orientation, or disability. I. SCOPE OF SERVICES U.A.Y. agrees to provide assistance to young people, especially those who are alienated from the traditional approaches to youth service, in identifying their individual needs and opportunities and facilitate meeting the same in the best interest of the individual with regard for the community. U.A.Y. agrees to comprehensively plan and conduct an Outreach Program to locate youths who are experiencing difficulty and serve and assist troubled youth who are identified as being under severe stress which, if not relieved, is likely to result in delinquent behavior. a. Staff and maintain a U.A.Y. walk-in center which will be open weekdays. b. Maintain visibility and have planned and purposeful contact with youth in the community. C. Develop trust and rapport with young people to enable the Outreach staff to effectively perform their duties. S/,.70 N d. Maintain records of Outreach workers, including youth contacts, activities and referrals. 2. U.A.Y. agrees to provide appropriate Outreach services to youths as determined by individual needs. Methods used include: a. Street counseling through personal interaction in the youth environment, maintaining a relationship with individuals, assisting them in clarifying their current needs, and determining a course of action that is in their best interest. b. Crisis intervention by seeking out young people experiencing a crisis situation and be available to alleviate their current situation. C. Identify and utilize available referral services to assist young people to meet their needs or improve their current situation. d. Consult with and refer youth to other agencies in the community and remain available as a resource when appropriate for individual youth. Written records of all referrals will be maintained. e. Follow-up on all Outreach provided to young people to evaluate individual situations and determine if further assistance IS needed. 3. U.A.Y. agrees to provide an evaluation mechanism through fiscal and program accountability and reporting including: forwarding all Board meeting minutes to the City Council for their information. The U.A.Y. Director may be periodically requested to attend Council meetings when information and discussion is pertinent to U.A.Y. The U.A.Y. Director will prepare a quarterly report which will be forwarded to the City Council for their information. U.A.Y. will build and establish working relationships and communications with other agencies in the community. 4. United Action for Youth, Inc. will solicit on-going feedback from clients, their families, and other agencies regarding the effectiveness of outreach. Information regarding client needs, their level of trust and rapport with UAY staff, others' percertion of UAY's effectiveness, and service gaps among agencies will be solicited and documented at UAY. 5. The City may retain a consultant to survey the Outreach Program to determine its effectiveness. 6. Individual objectives of U.A.Y. include: a. Sponsor an Open House and invite members from other agencies. b. Participate in workshops and in training sessions to strengthen Outreach. 511el 3 C. Plan two activities a month to promote Outreach and provide an opportunity for contact and positive interaction with youth in the community. II. FUNDING The City of Iowa City shall pay to U.A.Y. the sum of $30,000 in FY81 with the agreement between the parties that the funds shall be used toward general operating costs. III. GENERAL ADMINISTRATION A. The City will transfer the funds quarterly to U.A.Y. The first transfer will occur at the time of signing. B. The U.A.Y. Director will submit monthly board minutes, quarterly reports and an annual report to the City Council. C. U.A.Y. will provide a monthly accounting of expenditures and a report at the end of the contract period. D. For the purposes of this agreement, the Director and salaried staff shall be considered employees of U.A.Y. and any fringe benefits received by the staff shall be through the said U.A.Y. The employees of U.A.Y. shall adhere to the personnel policies formulated by U.A.Y. The U.A.Y. Board will be responsible for the general administration of the program under the terms of the contract including the determination of the budget, personnel policy, hiring, purchasing and expenditure approval. The City Council will appoint two qualified voting citizens of Iowa City to serve as voting members of the U.A.Y. Board. E. U.A.Y. shall maintain in full force and effect a comprehensive liability insurance policy executed by a company licensed to do business in the State of Iowa, in a form approved by the City Manager. The minimum limits of such a policy shall be as follows: To cover the insured liability for personal injury or death in the amount of $300,000 and for property damage of $10,000. The failure of U.A.Y. to maintain such a policy in full force and effect shall constitute immediate termination of this agreement and all right and privileges contained herein. F. U.A.Y., acting as its own agent, agrees to defend, indemnify and save harmless the City of Iowa City, Iowa, its officers, employees, and agents from any and all liability or claims of damages arising under the terms of this agreement or for any wrongdoings caused by the U.A.Y. staff including but not limited to injuries to persons or properties served by or coming into contact with U.A.Y. G. All outstanding bills are to be paid upon termination within a 30 day period and with no liability of the City beyond that 30 day period. ,S/S 4 H. U.A.Y. agrees that its staff and agents will not use City funds to travel to any state that has not ratified the Equal Rights Amendment throughout the duration of this contract. I. This contract may be terminated upon a 30 day written notice by either party. IV. DURATION This agreement shall commence upon the signing of the parties and shall terminate on June 30, 1981, except as provided herein. V. ASSIGNMENT This agreement may not be assigned without written agreement of the parties. For the City of Iowa, Iowa: Fo United Action for Youth J J HN R. BALMER, MAYOR- NAME Pv`QS� ATTEST: A BIE STOLFUS, CITY GLERK TITLE �J ATTEST: /NAM��E%%�� /XJLaO/'�rt TITLE taaived i Approved By The ly.i p.pa nt RESOLUTION NO. 80-265 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE CONTRACTS FOR NEIGHBORHOOD SERVICES IN THE IOWA CITY AREA WITH WILLOWCREEK NEIGHBORHOOD CENTER WHEREAS, the City Council of Iowa City deems it in the public interest to provide recreational services to the residents of Mark IV, and WHEREAS, Willowcreek Neighborhood Center is an agency which plans and implements recreational programs, and WHEREAS, the City of Iowa City is empowered by the State law to enter into contracts and agreements, and WHEREAS, Willowcreek Neighborhood Center is a non-profit corporation organized and operating under the laws of the State of Iowa, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the Mayor be authorized to execute and the City Clerk to attest this agreement. It was moved by Neuhauser and seconded by Roberts that the Resolution 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 1st day of Jul I I' ME ON In , 1980. R..eh"d & Appeared 4err The Legal Depsrtmenf 5/6 Is— s- AGREEMENT Th'A Bement was made and entered into on the day of 1980, by and between the City of Iowa City, Iowa, a mu cip corporation, hereinafter referred to as the "City," and the Willow Creek Neighborhood Center (Mark IV) for one (1) year beginning with the signing of this Agreement. This Agreement shall be subject to the following terms and conditions, to - wit: 1. The Willow Creek Neighborhood Center shall not permit any of the following practices: a. To discharge from employment or refuse to hire any individual because of their race, creed, color, national origin, religion, age, sex, marital status, sexual orientation, or disability. b. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, creed, color, national origin, religion, age, sex, marital status, sexual orientation or disability. 2. The Willow Creek Neighborhood Center shall not deny to any person its services on the basis of race, creed, color, sex, national origin, religion, age, marital status, sexual orientation, or disability. I. SCOPE OF SERVICES The Willow Creek Neighborhood Center agrees to enhance a spirit of community and provide a wholesome environment by providing a recreational program in the Willow Creek Neighborhood Center area. II. FUNDING The City of Iowa .City shall pay to the Willow Creek Neighborhood Center the sum of $4800 in FY81 with the agreement that the funds shall be allocated for a recreational program for residents of Willow Creek Neighborhood area and operating expenses of the Willow Creek Neighborhood Center. III. GENERAL ADMINISTRATION A. The City will transfer the funds quarterly, the first payment to be made at the time of signing of this agreement. B. The Willow Creek Neighborhood Center Director will submit monthly reports of its activities to the City Council on the Friday of the first week of the next month. 5Y, K C. The Willow Creek Neighborhood Center will submit quarterly accounting reports of expenditures. D. For the purposes of this agreement, staff shall be considered employees of the Willow Creek Neighborhood Center and any fringe benefits received by the staff shall be through the said Willow Creek Neighborhood Center. The employees and agents of the Willow Creek Neighborhood Center shall adhere to personnel policies formulated by its Board of Directors. E. The Willow Creek Neighborhood Center shall maintain in full force and effect a comprehensive liability insurance policy executed by a company authorized to do business in the State of Iowa, in a form approved by the City Manager. The minimum limits of such a policy shall be as follows: To cover the insured liability for personal injury or death in the amount of $300,000 and for property damage of $10,000. The failure of the Willow Creek Neighborhood Center to maintain such a policy in full force and effect shall constitute immediate termination of this agreement and of all rights contained herein. F. The Willow Creek Neighborhood Center, acting as its own agent, agrees to defend, indemnify, and save harmless the City of Iowa City, Iowa, its officers, employees, and agents from any and all liability or claims of damages arising under 'the terms of this agreement, including any wrong doings caused by the Willow Creek Neighborhood Center staff, including, but not limited to injuries to persons or properties served by or coming into contact with the Willow Creek Neighborhood Center. G. All outstanding bills are to be paid upon termination within a thirty day period with no liability of the City beyond that thirty day period. H. The Willow Creek Neighborhood Center agrees that its staff and agents will not use City funds to travel to states that have not ratified the Equal Rights Amendment throughout the duration of this contract. I. This contract may be terminated upon a thirty day written notice by either party. IV. DURATION This agreement shall commence upon the signing of the parties and shall terminate on June 30, 1981, except as provided herein. V. ASSIGNMENT This agreement may not be assigned without written agreement of the parties. F the City of --I a, Iowac /JO NSR. BALMER, MAY ATTEST: c A BIE STOLFUS, rVTV CLERK For: NAME�/ '61 �1�%cLr�rv, 3, /9d8 TITLE ATTEST: raaacu auu aFF&Wvww .&.. --.1 -- Attest: City Clerk Received & A pp,oved By The Legal Depa ma 2 t SY/4 jw? / 11!�Ialc�e_ RESOLUTION NO. 80-266 RESOLUTION ON UNCLASSIFIED SALARIES AND COMPENSATION FOR FISCAL YEAR 1981 BEGINNING JULY 1, 1980. WHEREAS, the City of Iowa City, Iowa, employs certain personnel subject solely to the action of the City Council referred to as unclassified person- nel, and WHEREAS, it is necessary to establish salaries for the said unclassified personnel, NOW, THEREFORE, BE IT RESOLVED by the City Council of Iowa City, Iowa, that the following positions shall receive as salary compensation that amount which is set forth in lieu of all other fees and compensation except as other- wise provided by law, and where said officer or employee shall receive or collect any fees or other compensation from others for services as such officer and employee, the same shall be paid to the City Treasury. BE IT FURTHER RESOLVED by the City Council of the City of Iowa City, Iowa, that the following salaries are hereby established for the following persons effective July 1, 1980: City Attorney - $43.60 hourly for all legal work, except litigation $48.90 hourly for litigation City Clerk - $22,575 City Manager - $42,572 It was moved by Neuhauser 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 1st day of July 1980. ATTEST: CIT— P - BY 1_L LEGAL DEd 5:0? 0 RESOLUTION NO. 80-267 RESOLUTION APPROVING CLASS C LIQUOR CONTROL LICENSE APPLTCATTM BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Liquor Control License application is hereby approveTTor the following named person or persons at the following described location: Johnson County Post 2581 Veterans of Foreign Wars, 1012 Gilbert Court Said approval shall be subject to any conditions or re- strictions hereafter imposed by ordinance or State law. The City Clerk shall cause a recommendation for approval to he endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond, sketch of the premises and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by Vevera and seconded by Perret that the Resolution ass re�`J5e adopted, and upon ro3 ca there were: AYES: NAYS: Balmer x Lynch Erdahl x Neuhauser x Perret x Roberts x vevera x ABSENT: x Passed and approved this 15th day of July , 19 80 . Attest: 4ZZ- City Clerk S41 RESOLUTION NO. 80-268 RESOLUTION TO ISSUE DANCING PERMIT BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Dancing Permit as provided by law is hereby granted to the following named person and at the following described locations upon his filing an application, having endorsed thereon the certificates of the proper city officials as to having complied with all regulations and ordinances, and having a valid Class "B" Beer Permit OR liquor control license to wit: Johnson County Post 2581 Veterans of Foreign Wars dba Johnson County Post 2581 Veterans of Foreign Wars, 1012 Gilbert Court It was moved by Vevera and seconded by Perret that the Resolution as read e adopted, and upon rol ca 1 t ere were: AYES: NAYS: ABSENT: Balmer x Lynch x Erdahl x Neuhauser x Perret x Roberts x Vevera x Passed and approved this 15th day of July 19 80 . Attest: szz fGl/✓- �F2iC.Qi RESOLUTION NO. 80-269 RESOLUTION APPROVING CLASS C LIQUOR CONTROL LICENSE APPLin'IibA BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Liquor Control License application is hereby approveT-For the following named person or persons at the following described location: The Great American Saloon Co.,dba Maxwell's, 121 E. College Said approval shall be subject to any conditions or re- strictions hereafter imposed by ordinance or State law. The City Clerk shall cause a recommendation for approval to he endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond, sketch of the premises and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by Vevera and seconded by Perret that the Resolution as re'�a 6e adopted, and upon r03T caLT there were: AYES: NAYS: ABSENT: Balmer x Lynch x Erdahl x Neuhauser x Perret x Roberts x Vevera x Passed and approved this 15th day of July 19 80 or Attest: oj/v =:t City Clerk .3W_? RESOLUTION NO. 80-270 RESOLUTION TO ISSUE DANCING PERMIT BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Dancing Permit as provided by law is hereby granted to the following named person and at the following described locations upon his filing an application, having endorsed thereon the certificates of the proper city officials as to having complied with all regulations and ordinances, and having a valid Class "B" Beer Permit or liquor control license, to wit: The Great American Saloon Company dba Maxwell's, 121 E. College St. It was moved by Vevera and seconded by Perret that the Resolution as reade adopted, and upon roll--c—all t ere were: AYES: NAYS: ABSENT: Balmer x Lynch x Erdahl x Neuhauser x Perret x Roberts x Vevera x Passed and approved this 15th day of July 19 80. r Attest: City Clerk RESOLUTION NO. 80-271 RESOLUTION APPROVING CLASS "B" BEER PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class "B" Beer Permit Application is hereby approved for the following named person or persons at the following described location: Bill G. Mihalopoulos dba The Best Steak House, 1 S. Dubuque 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 be endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by Vevera and seconded by Perre that the Resolution as—read-Te re��e adopted, and upon ro1l ca ll there were: Balmer Erdahl Lynch Neuhauser Perret Roberts Vevera AYES: x x x x x x NAYS: ABSENT: Passed and approved this 15th day of .. july , 19��. YOR ATTEST: CITY CLERK `�� RESOLUTION NO. 80-272 RESOLUTION OF APPROVAL OF CLASS B SUNDAY PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class B Sunday Permit application is hereby approved for the following named person or persons at the following described location: Bill G. Mihalopoulos dba The Best Steak House, 1 S. Dubuque 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 Vevera and seconded by Perret that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Balmer x Lynch x Erdahl x Neuhauser x Perret x Roberts x Vevera x Passed and approved this 15th day of Jul 19 80 Attest: / �!� City Clerk RESOLUTION NO. 80-273 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: - Voss Petroleum Co., Inc. dba Discount Dan's Shell (renewal) 933 So. Clinton Iowa City,Iowa 52240 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 Vevera and seconded by Perret that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Balmer x Lynch x Erdahl x Neuhauser x Perret x Roberts x Vevera x Passed and approved this 15th day of July , 1980 . Attest: C & City Clerk S�7 RESOLUTION NO. 80-274 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: Voss Petroleum Co., Inc. dba Discount Dan's Shell, 933 S. Clinton 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 Vevera and seconded by Perret that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Balmer Lynch Erdahl x Neuhauser x Perret x Roberts x Vevera x Passed and approved this 19 80 Attest: L City Clerk 15th day of July S -t7 F RESOLUTION NO. 80-275 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: William B. Kron, Jr. dba Bill's I-80 DX, Rt. 2, I-80 & Hwy 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 Vevera and seconded by Perret that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Balmer x Lvnch Erdahl x Neuhauser x Perret x Roberts x Vevera x Passed and approved this Attest: City Clerk 15th day of July , 1980 S -?i icr�v� RESOLUTION NO. 80-276 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: William B. Kron, Jr. dba Bill's I-80 DX, Rt.2, I-80 & Hwy 1 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 Vevera and seconded by Perret that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: Balmer x Lynch Erdahl x Neuhauser x Perret x Roberts x Vevera x Passed and approved this 19 80 Attest: �& le� City Clerk i1.10DRM_1A 15th day of July $30 RESOLUTION N0, 80-277 RESOLUTION APPROVING CLASS C LIQUOR CONTROL LICENSE APPLTC T M BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Liquor Control License application is hereby approver%r the following named person or persons at the following described location: Field House, Inc., dba The Field House, 111 E. College Said approval shall be subject to any conditions or re- strictions hereafter imposed by ordinance or State law. The City Clerk shall cause a recommendation for approval to he endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond, sketch of the premises and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by that the Resolution there were: Balmer Lynch Erdahl Neuhauser Perret Roberts Vevera Vevera and seconded by Perret as rea3-Fe—adopted, and upon ro3 ca AYES: NAYS: ABSENT: x x x x x x x Passed and approved this 15th day of July , 19 80 , Attest: ZZ&4i_, City Clerk �4ef� RESOLUTION NO. 80-278 RESOLUTION TO ISSUE DANCING PERMIT BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Dancing Permit as provided by law is hereby granted to the following named person and at the following described locations upon his filing an application, having endorsed thereon the certificates of the proper city officials as to having complied with all regulations and ordinances, and having a valid Class "B" Beer Permit, to wit: Field House, Inc., dba The Field House, 111E. College It was moved by Vevera and seconded by Perret that the Resolution as read e adopted, and upon rolj-.-c-all there were: AYES: Balmer x Lynch Erdahl x Neuhauser x Perret x Roberts x Vevera x 19 80 NAYS: Passed and approved this Attest: ABSENT: x 15th day of Jul s.3z RESOLUTION NO. 80-279 RESOLUTION APPROVING CLASS C LIQUOR CONTROL LICENSE APPLTCA= BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Liquor Control License application is hereby approve Tor the following named person or persons at the following described location: James J. Tucker dba Tuck's Place, 210 N. Linn Street Said approval shall be subject to any conditions or re- strictions hereafter imposed by ordinance or State law. The City Clerk shall cause a recommendation for approval to he endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond, sketch of the premises and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by that the Resolution there were: Balmer Lynch Erdahl Neuhauser Perret Roberts Vevera Veveraand seconded by Perret as re` aTTe adopted, and upon—rZ�call AYES: NAYS: ABSENT: x x x x x x x Passed and approved this 15th day of July , 19 80 Attest: City Clerk 5 33 RESOLUTION NO. 80-280 RESOLUTION TO ISSUE CIGARETTE PERMITS WHEREAS, the following firms and persons have made appli- cation and paid the mulct tax required by law for the sale of cigarettes and cigarette papers; therefore, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the applications be granted and the City Clerk be and he/she is hereby directed to issue a permit to the following named persons and firms to sell cigarette papers and cigarettes: See Attached List 81-111 to 81-129 It was moved by Vevera and seconded by Perret that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Balmer x Lynch Erdahl x Neuhauser x Perret x Roberts x Vevera x Passed and approved this 19 80 Attest: (- 6 'ZZ—t City Clerk 15th day of JU July 15, 15' 81-111-129 Hilltop DX, 1123 N. Dodge Vitosh Standard, Inc., 1905 Keokuk St. Rochester Ave.DX, 2233 Rochester Ave. Hamburg Inn #2, 214,N. Linn Burger Palace, 121 Iowa Ave. Vine Tavern, P.O.Box 1391, Iowa City The Shamrock, 525 S. Gilbert Joe's Placer 115 Iowa Ave. Russ' Standard, 305 N. Gilbert Riverside 66, 1031 S. Riverside Dr. Pagliai's Pizza, 302 E. Bloomington ST. Chuck's Clark, 504 E. Burlington Bob Bell's LTD., 2315 Muscatine Ave. Colonial Bowling Lanes, 2253 Highway 218 South BPO Elks 11590, 637 Foster Rd. That Bar/That Deli, 325 E. Market St. Kirkwood 76 Store, 300 Kirkwood Ave. Donutland. 1141, 817 S. Riverside Dr. The Salad Bowl, Inc., 701 E. Davenport St. 5 3,� RESOLUTION NO. 80-281 RESOLUTION ACCEPTING THE WORK 11 THE MODULAR BUILDING RENOVATION DIVISION WHEREAS, the Engineering Department has recommended that the im- provement covering the Heating, Ventilating and Air Conditioning Work Project as included in a contract between the City of Iowa City and the Jones Plumbing & Heating,Inc.of Iowa City, Iowa dated November 28, 1979 , be accepted, AND WHEREAS, the Council finds the improvement is in place and does comply with the requirements for such improvements, AND WHEREAS, maintenance bonds have been filed, NOW THEREFORE, BE IT RESOLVED by the City Council of Iowa City, Iowa, that said improvements be hereby accepted by the City of Iowa City, Iowa. It was moved by Vevera and seconded by Perret that the resolution as read be a opt , and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x Erdahl Passed and approved this ATTEST: City x Lynch x — Neuhauser s Perret x Roberts x — Vevera 15th day of July , 19 80 Received & &pprovRd By T o La al Departmant & sign. IF CITY OF CIVIC CENTER 410 E. WASHINGTON ST IOWA CITY IOWA CITY IOWA 52240 (319) 354.180D ENGINEER'S REPORT July 8, 1980 Honorable Mayor and City Council Iowa City Iowa Dear Honorable Mayor and Councilpersons: 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 City. The required maintenance bond is on file in the City Clerk's office. Division 2 - heating, ventilating and air conditioning work for the Modular Building renovation as constructed by Jones Plumbing and Heating, Inc. of Iowa City, Iowa. I hereby recommend that the above mentioned improvements be accepted by the City of Iowa City. Respectfully submitted, Charles J. Schmadeke, P.E. City Engineer tp2/2 S3L RESOLUPION NO. 8 0- 2 8 2 RESOLUTION ACCEPTING THE PAVEMENT AND STORM SEWER IMPROVEMENTS (NOT TO INCLUDE STORM WATER DETENTION) WHEREAS, the Engineering Departnent has certified that the following in'Provenents have been completed in accordance with plans and specifications of the City of Iowa City, Concrete paving and storm sewer for ACT Testing Processing Facility LSNRD for ACT Circle as constructed by Parkview Company of Iowa City, Iowa. AND WHEREAS, Maintenance Bonds for Parkview Company are on file in the City Clerk's Office, of Iowa City, Iowa, NOW THEREFORE BE IT RESOLVED by the City Council of Iowa City, Iowa, that said improvanents be accepted by the City of Iowa City. It was mored by Vevera and seconded by Perret that the Resolution as read be accepted, and upon roll call there were: AYES: NAYS: ABSENT: x x x Balmer Erdahl x Lynch Neuhauser x — Perret x Roberts x Vevera Passed and approved this 15th day of July , 19 80 .r / Received & App -Dv -?d ATTEST. City Clerk` By The Le al Department 53� CITY OF IOWA CITY CIVIC CENTER 410 E. WASHINGTON ST. IOWA CITY IOWA 52240 (319) 354.1800 ENGINEER'S REPORT July 8, 1980 Honorable Mayor and City Council Iowa City Iowa Dear Honorable Mayor and Councilpersons: 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 City. The required maintenance bond is on file in the City Clerk's office. Concrete paving and storm sewer for ACT Testing Processing Facility LSNRD for ACT Circle as constructed by Parkview Company of Iowa City, Iowa. I hereby recommend that the above mentioned improvements be accepted by the City of Iowa City. Respectfully submitted, Charles J. Schmadeke, P.E. City Engineer tp2/1 S39 RESOLUTION NO. 80-283 RESOLUTION SETTING PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE CIVIC CENTER HEATING, AIR CONDITIONING AND VENTILATING DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECT- ING CITY ENGINEER TO PLACE SAID PLANS, ETC., ON FILE FOR PUBLIC INSPECTION. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That a public hearing on the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project is to be held on the 29thday of July , 19 80 , at 7:30 P.M. in the Council Chambers, Civic Center, Iowa City, Iowa. 2. That the City Clerk is hereby authorized and directed to publish notice of the public hearing for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the city, not less than four (4) nor more than twenty (20) days before said hearing. 3. That the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project are hereby ordered placed on file by the City Engineer in the office of the City Clerk for public inspection. It was moved by Vevera and seconded by Perret 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 15th day of July 1980 ATTEST nz Ma r J Received a Approved City Clerk By The Legal MpaMrraM RESOLUTION NO. 80-284 RESOLUTION SETTING PUBLIC HEARING ON PROPOSED AMENDMENT TO THE HOLD HARMLESS ENTITLEMENT COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AND BUDGET TO PROVIDE FOR THE CONVERSION OF PROPERTIES IN THE DOWNTOWN URBAN RENEWAL PROJECT AREA (IOWA R-14) TO AN UNDERGROUND ELECTRICAL UTILITY SYSTEM, DIRECTING THE CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE DIRECTOR OF PLANNING AND PROGRAM DEVELOPMENT TO PLACE INFORMATION REGARDING SAID AMENDMENT ON FILE FOR PUBLIC INSPECTION. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That a public hearing on the above proposed amendment is to be held on the 29th day of July, 1980, at 7:30 P.M. in the Council Chambers, Civic Center, Iowa City, Iowa. 2. That the City Clerk is hereby authorized and directed to publish notice of the public hearing in a newspaper published at least once weekly and having a general circulation in the City, not less than four (4) nor more than twenty (20) days before said hearing. 3. That information regarding said amendment is hereby ordered placed on file by the Director of Planning and Program Development in the office of the City Clerk for public inspection. It was moved by Vevera and seconded by Perret the Resolution 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 15th day of July 1980. �-_.��_�_ �% AxOR�.s ATTEST: /Cf��G I_ x ,/:. CITY CLERK Receivad Fi CpF:.wat I ®y the Lena .5 -Vo City of Iowa C f MEMORANDUM Date: July 8, 1980 To: Neal Berlin, City Manager From: 4 Jim Hencin, CDBG Program Coordinator Re: Use of CDBG Funds for Converting Downtown Utilities On July 2, 1980, the Committee on Community Needs approved, by a 4-3 vote, a recommendation to the City Council that the CDBG funds be used to pay for the costs of converting existing downtown urban renewal properties to a system of underground utilities. CCN stipulated that this be handled in the form of a grant to the affected properties and agreed that $165,000 be set aside for this activity. The specific source of funds was understood to be the proceeds from the sale of the Block 64 hotel site. In order to pursue the use of CDBG funds for this project, it will be necessary to follow several steps, as outlined below. I have discussed this proposal with Bill Clements, our HUD area representative, and he indicates that it is "potentially eligible," subject to HUD review and approval of an amendment to our hold harmless CDBG program and budget. It is my recommendation that we proceed according to the following timetable: Target DateStep/Task 7-15-80 City Council - set public hearing. 7-29-80 City Council - hold public hearing. 8-12-80 City Council - authorize filing amendment. 9-15-80 HUD - approve/disapprove amendment. 9-15-80 Staff - complete environmental review. If we are to maintain a schedule of performing the first phase of the electrical conversion this fall, we would, of necessity, have to contract for and initiate the design work this summer. This design, however, would be undertaken at the risk of HUD disapproving the amendment. That is, CDBG monies could not be used to pay for the design fees if the work itself was deemed ineligible by HUD. Another consideration in the scheduling of this project is the execution of agreements with the affected property owners. Since public funds would ultimately be used to improve private properties, separate agreements would be needed before actually doing any of the work. The execution of these agreements and the solicitation of bids for the work should be timed to coincide with HUD's approval of the amendment and the staff's completion of an environmental review. cc: Don Schmeiser Larry Chiat Mike Kucharzak bj2/1-2 501 RESOLUTION NO. 80-285 /r�16� RESOLUTION SETTING PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE 1979 BDI SECOND ADDITION IMPROVEMENTS DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECT- ING CITY ENGINEER TO PLACE SAID PLANS, ETC., ON FILE FOR PUBLIC INSPECTION. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That a public hearing on the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project is to be held on the 29th day of July , 19 80 , at 7:30 P.M. in the Council Chambers, Civic Center, Iowa City, Iowa. 2. That the City Clerk is hereby authorized and directed to publish notice of the public hearing for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the city, not less than four (4) nor more than twenty (20) days before said hearing. 3. That the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project are hereby ordered placed on file by the City Engineer in the office of the City Clerk for public inspection. It was moved by Vevera and seconded by that the Resolution as read be adopted, and upon roll call AYES: NAYS: ABSENT: x Balmer x Erdahl x Lynch x Neuhauser x Perret x Roberts x Vevera Passed and approved this 15th day of ATTEST: Jul Perret re were: wtioroupon, Count: iI Mc•mhc•r Neuhauser Inl.roducecl Incl del ivercd Lo Lhc CII•rk LII,. RI•::olul ion lu:rcin,ll LI•r r:eL ouL entitled "RESOLUTION INSTITUTING IIROCHEDINGS TO TAKE; ADDITIONAL ACTION FOR THE ISSUANCE OF $2,570,000 GENERAL OBLIGATION BONDS", and moved its adoption. Council Member Perret seconded the motion to adopt. The roll was called and the vote was, AYES: Neuhauser, Perret, Rober Vevera, Balmer, Erdahl ABSENT: Lynch NAYS: None Whereupon, the Mayor declared said Resolution duly adopted as follows: 80-286 RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE ISSUANCE OF $2,570,000 GENERAL OBLIGATION BONDS WHEREAS, pursuant to notice published as required by law, this Council has held a puhlic meeting and hearing upon the proposaL to institute proceedings for the issuance of $2,570,000 General Obligation Bonds for the essential corporate purpose of paying costs of the construction of street improvements, sanitary sewers and wastewater treatment facilities including the River Corridor Trunk Sewer, Wastewater Treatment Facility, Sanitary Sewer Evaluation Study, Scott Boulevard - Phase I and South Gilbert Street Projects, and has considered the extent of objections received from residents or property owners as to said proposed issuance of bonds; and, accordingly the following action is now considered to be in the best interests of the City and residents thereof: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: - 3- AHLERS. COONEY. DORWEILER. HAYNIE & SMITH. LAWYERS. DES MOINES. IOWA S�3 Section 1. That this Council does hereby institute proceedings and takes additional action for the sale and issuance in the manner required by law of $2,570,000 General Obligation Bond, for the forcgoin<1 essential corporate purpose. Section 2. The Clerk is authorized and directed to proceed on behalf of the City with the sale of said bonds, to select a date for the sale thereof, to cause to be prepared such notice and sale information as may appear appropriate, to publish and distribute the same on behalf of the City and this Council and otherwise to take all action necessary to permit the sale of said bonds on a basis favorable to the City and acceptable to the Council. PASSED AND APPROVED this 15th day of July 1 1980. ATTEST: --(2L,A L Clerk - -4- AHLERS. COONEY. DORWEILER. HAYNIE & SMITH. LAWYERS, DES MOINES. IOWA ��� CIG -3 1-79 CERTIFICATE STATE OF IOWA ) SS COUNTY OF JOHNSON ) I, the undersigned City Clerk of. Iowa City Iowa, do hereby certify that attached is a true and comp ete copy of the portion of the corporate records of said Municipality showing proceedings of the Council, and the same is a true and complete copy of the action taken by said Council with respect to said matter at the meeting held on the date indicated in the attachment, which proceedings remain in full force and effect, and have not been amended or rescinded in any way; that meeting and all action thereat was duly and publicly held in accordance with a notice of meeting and tentative agenda, a copy of which was timely served. on each member of the Council and posted on a bulletin board or other prominent place easily asccessible to the public and clearly designated for that purpose at the principal office of the Council (a copy of the face sheet of said agenda being attached hereto) pursuant to the local rules of. the Council and the provisions of Chapter 2.RA, Code of Iowa, upon reasonable advance notice to the public and media at least twenty-four hours prior to the commencement of the meeting as required by said law and with members of the public present in attendance; I further certify that the individuals named therein were on the date thereof duly and lawfully possessed of their respective city offices as indicated therein, that no council vacancy existed except as may be stated in said proceedings, and that no controversy or litigation is pending, prayed or threatened involving the incorporation, organization, existence or houndaries of the City or the right of the individuals named therein as officers to their respective positions. WITNESS my 'hind' and the seal. s id A+unicipality hereto affixed this / (p j(� day of 19 80 . City Clerk, Iowa Ci y Iowa SEAL A HLER5. GOONEY. DORWEILER. HAYN IE & SMITH. LAWYERS. DES MOINES, IOWA 1/S 0 C'OA,rLtTE & RETURN TO July 15 , 1980 The City Council of Iowa City, Iowa, met in regular session, in the Council Chambers, Civic Center, 410 E. Washington Street, Iowa City, Iowa, at 7:30 O'clock P .M., on the above date. There were present Mayor Balmer in the chair, and the following named Council Members: V Erdahl, Neuhauser, Perret Roberts, Veve Absent: Lynch -1- -.,AHI-ERS. COONEY. OORWEILER. HAYNIE & SMITH. LAWYERS. DES MOINES. IOWA The Mayor announced that this was the time and place Lor the public hearinq and meetinq on Lhe matter of the issu.urce of: $2,570,000 General Obligation Bonds in order to provide funds to pay costs of the const -ruction of :;Lrcet- improvcmenlr, sanitary sewers and wastewater treatment faciLitic:; incLuding the River Corridor Trunk Sewer, Wastewater Treatment facility, Sanitary Sewer Evaluation Study, Scott Boulevard - Phase I and South Gilbert Street Projects, an essential corporate purpose, and that notice of the proposed action by the Council to institute proceedings for the issuance of said bonds, had been published pursuant to the provisions oL Section 384.25 of the City Code of Iowa. The Mayor then asked the CLerk whether any written objections had been filed by any city resident or property owner to the issuance of said bonds. The Clerk advised the Mayor and the Council that no written objections had been filed. The Mayor then called for oral objections to the issuance of said bonds and none were made. Whereupon, the Mayor declared the time for receiving oral and written objections to be closed. (Attach here a summary of objections received or made, if any) The Council then considered the proposed action and the extent of objections thereto. -2- AHLERS. COONEY. DORWEILER. HAYNIE 8 SMITH. LAWYERS. DES MOINES. IOWA Y-,,7 I (This Notice to be posted) NOTICE AND CALL OP PUBLIC MEETING Governmental Body: The City Council of Iowa City, Iowa. Date of Meeting: July 15, 1980 Time of Meeting: 7:30 P.M. Place of Meeting: Council Chambers, Civic Center, 410 E. Washington Street, Iowa City, Iowa. PUBLIC NOTICE IS HEREBY GIVEN that the above mentioned governmental body will meet at the date, time and place above set out. The tentative agenda for said meeting is as follows: $2,570,000 General Obligation Bonds. - Public hearing on the issuance. Resolution instituting proceedings to ' take additional action. Such additional matters as are set forth on the addi- tional 8 page(s) attached hereto. (number) This notice is given at the direction of the Mayor pursuant to Chapter 28A, Code of Iowa, and the local rules of said governmental body. City Clerk, Iowa C' y, Iowa Posted: 7/11/80 i-I'ecPtl Removed: ZLo AHLERS. COONEY. DORWEILER. HAYN IE 6 SMITH. LAWYERS. DES MOINES. IOWA X/! r Neuhauser introduced the following Resolution entitled "RESOLUTION DIRECTING THE ADVERTISEMENT FOR SALE OF $2,570,000 GENERAL OBLIGATION BONDS," and moved its adoption. Perret seconded the motion to adopt. The roll was called and the vote was, AYES: Perret, Roberts, Vevera Balmer, Erdahl, Neuhauser ABSENT: Lynch NAYS: none Whereupon, the Mayor declared the resolution duly adopted as follows: 80-287 RESOLUTION DIRECTING THE ADVERTISEMENT FOR SALE OF $2,570,000 GENERAL OBLIGATION BONDS WHEREAS, the City of Iowa City, Iowa, is in need of funds to pay costs of the construction of street improvements, sanitary sewers and wastewater treatment facilities including the River Corridor Trunk Sewer, Wastewater Treatment Facility, Sanitary Sewer Evaluation Study, Scott Boulevard - Phase I and South Gilbert Street Projects, an essential corporate purpose project, and it is deemed necessary and advisable that the City issue general obligation bonds for said purpose to the amount of $2,570,000 as authorized by Section 384.25 of the City Code of Iowa; and WHEREAS, pursuant to notice published as required by Section 384.25 this Council has held a public meeting and hearing on July 15 , 1980, upon the proposal to institute proceedings for the issuance of the above described bonds, and all objections, if any, to such Council action made by any resident or property owner of said City were received and considered by the Council; and it is the decision of the Council that additional action be taken for the issuance of said bonds, and that such action is considered to be in the best interests of said City and the residents thereof; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: -2- AHLERS. GOONEY. DORWEILER. HAYNIE & SMITH. LAWYERS, DES MOINES. IOWA ��9 Section 1. That the bonds hereinafter described be offered at public sale, pursuant to advertisement as required by law. Section 2. That the Clerk is hereby directed to publish notice of sale of said bonds for two successive weeks in the Press -Citizen, a legal newspaper, printed wholly in the English language, published in the City of Iowa City, County of Johnson, State of Iowa, such newspaper being located in the County where the bonds are to be offered for sale, pursuant to the provisions of Chapter 75 of the Code of Iowa, said notice to state that this Council, on the _.4th day of August' , 1980, at 7:30 o'clock p M., will hold a meeting to receive and act upon bids for said bonds; said notice to be in substantially the form attached hereto. PASSED AND APPROVED this 15th day of July , 1980. --Ma or ATTEST: llt� I X, - �ZL, Clerk - 3- AHLERS. GOONEY. DORWEILER. HAYNIE & SMITH. LAWYERS. DES MOINES. IOWA 55-0 CIG -3 1-79 CERTIFICATE STATE OF IOWA ) SS COUNTY OF JOHNSON ) Ovs Copy I, the undersigned City Clerk of Iowa City , Iowa, do hereby certify that attached is a true an comp ete copy of the portion of the corporate records of said Municipality showing proceedings of the Council, and the same is a true and complete copy of the action taken by said Council with respect to said matter at the meeting held on the date indicated in the attachment, which proceedings remain in full force and effect, and have not been amended or rescinded in any way; that meeting and all action thereat was duly and publicly held in accordance with a notice of meeting and tentative agenda, a copy of which was timely served on each member of the Council and posted on a bulletin hoard or other prominent place easily asccessible to the public and clearly designated for that purpose at the principal office of the Council (a copy of the face sheet of said agenda being attached hereto) pursuant to the local rules of. the Council and the provisions of Chanter. 2RA, Code of Iowa, upon reasonable advance notice to the public and media at least twenty-four hours prior to the commencement of the meeting as rea'uired by said law and with members of the public present in attendance; I further certify that the individuals named therein were on the date thereof duly and lawfully possessed of their respective city offices as indicated therein, that no council vacancy existed except as may be stated in said proceedings, and that no controversy or litigation is pending, prayed or threatened involving the incorporation, organization, existence or boundaries of the City or the right of the individuals named therein as officers to their respective positions. WITNESS my hand and the seal.cyf said Municipality hereto affixed this 6 fly day of � t Ll , 19 60 . SEPT, erk, AHLERS. COONEY. DORWEILER. HAYN IE & SMITH. LAWYERS. DES MOINES. IOWA SS/ Cgs MCI July 15 , 1980 The City Council of Iowa City, Iowa, met in regular session, in the Council Chambers, Civic Center, 410 E. Washington Street, Iowa City, Iowa, at 7:30 O'clock P .M., on the above date. There were present Mayor Balmer , in the chair, and the following named Council Members: Erdahl, Neuhauser, Perret, Roberts Absent: t -1- AHLERS, COONEY. DORWEILER. HAYNIE 6 SMITH. LAWYERS, DES MOINES, IOWA -6,5 - (This Notice to be posted) NOTICE AND CALL OF PUBLIC MEETING Governmental Body: The City Council of Iowa City, Iowa. Date of Meeting: July 15, 1980 Time of Meeting: 7:30 P.M. Place of Meeting: Council Chambers, Civic Center, 410 E. Washington Street, Iowa City, Iowa. PUBLIC NOTICE IS HEREBY GIVEN that the above mentioned governmental body will meet at the date, time and place above set out. The tentative agenda for said meeting is as follows: $2,570,000 General Obligation Bonds. - Resolution directing the advertisement for sale. Such additional matters as are set forth on the addi- tional 8 page(s) attached hereto. (number) This notice is given at the direction of the Mayor pursuant to Chapter 28A, Code of Iowa, and the local rules of said governmental body. —�&._ City Clerk, Iowa C'ty, Iowa Posted: 7/11/80 Removed: 7IZ('/ra ;AHLERS. COONEY. DORWEILER. HAYNIE B SMITH. LAWYERS. DES MOINES. IOWA ,SS3 �0 RESOLUTION NO. 80-288 RESOLUTION RESCINDING THE DESIGNATION OF COLLEGE PLAZA DEVELOPMENT COMPANY AND HIGH COUNTRY CORPORATION (A JOINT VENTURE) AS THE PREFERRED DEVELOPER FOR URBAN RENEWAL PARCEL NO. 64-1 IN DOWNTOWN IOWA CITY. WHEREAS, the City of Iowa City, Iowa, received offers to purchase land for private redevelopment on April 8, 1980; and WHEREAS, the City Council of Iowa City did, by Resolution No. 80-181 adopted on May 13, 1980, designate College Plaza Development Company and High Country Corporation (a joint venture) as the preferred developer of Urban Renewal Parcel No. 64-1; and WHEREAS, said Resolution No. 80-181 specified that the designation of the preferred developer was subject to the performance of certain conditions; and WHEREAS, the preferred developer has failed to complete the performance of certain required conditions by the dates specified in Resolution No. 80- 181; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the designation of College Plaza Development Corporation and High Country Corporation (a joint venture) as the preferred developer of Urban Renewal Parcel No. 64-1 is hereby rescinded. It was moved by Neuhauser and seconded by Perret the Resolution 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 15th day of July , 1980. ATTEST MAYOR G� 6e CITY CLERK Recelved 8, Approved By The Legal Department 7- -fir SS5t RESOLUTION NO. 80-289 RESOLUTION DESIGNATING PLAZA TOWERS ASSOCIATES AS THE PREFERRED DEVELOPER FOR URBAN RENEWAL PARCEL NO. 64-1 IN DOWNTOWN IOWA CITY WHEREAS, the City of Iowa City, Iowa, has under date September 2, 1970, entered into a contract for loan and grant with the United States of America; and WHEREAS, the City of Iowa City, Iowa, has undertaken pursuant to said contract an Urban Renewal Project known as the City -University project I, Project No. Iowa R-14; and WHEREAS, the City of Iowa City, Iowa, has received an entitlement of funds pursuant to the Housing and Community Development Act of 1974; and WHEREAS, the City of Iowa City, Iowa, has, pursuant to the provisions of Title 24, Part 570, Section 570.801(c) of the Code of Federal Regulations, transferred Community Development Block Grant funds to said Urban Renewal project, and transferred control of certain real property acquired in carrying out said Urban Renewal project to the City Council of the City of Iowa City from the City Council acting as LPA, by Resolution No. 76-446, dated December 14, 1976, and by Resolution No. 77-312, dated August 9, 1977; and, WHEREAS, the City Council of Iowa City, Iowa, did, by Resolution No. 80-8, authorize the solicitation of offers to purchsae land for private redevelopment; and, WHEREAS, offers to purchase land for private redevelopment were received and opened by the City of Iowa City on April 8, 1980; and, WHEREAS, the City Council did, by Resolution No. 80-181 adopted on May 13, 1980, designate College Plaza Development Company and High Country Corporation (a joint venture) as the preferred developer of Urban Renewal Parcel No. 64-1; and, WHEREAS, the City Council did, by Resolution No. 80-289 adopted on July 15, 1980, rescind said designation, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that pursuant to the authority granted by Section 403 of the 1979 Code of Iowa and Section 570.801(c) of Part 570, Title 24, Code of Federal Regulations, and pursuant to the procedures specified in Section V, Iowa City Downtown Urban Renewal Prospectus, the following developer is designated as the preferred developer of Urban Renewal Parcel No. 64-1: Plaza Towers Associates (a joint venture of Plaza Retail Associates and Towers Hotel Associates). SSS Resolution No. 80-289 Page 2 BE IT FURTHER RESOLVED that this designation is subject to the following conditions: 1. As soon as possible, and in any event, no later than 60 days from the date hereof, the developer shall enter into a hotel management agreement, or otherwise secure hotel management, in a manner which is legally binding for the life of the bond issue, and shall submit said legally binding agreement to the City for approval. 2. As soon as possible, and in any event, no later than 60 days from the date hereof, the developer shall secure a legally binding lease for the department store portion of the development, or shall provide other evidence as necessary to demonstrate to the City the certainty that the developer has the ability to obtain such a lease, and shall submit such evidence to the City. 3. As soon as possible, and in any event, no later than September 1, 1980, the developer shall submit to the City, for the entire project, Preliminary Design Plans as defined in Section 301 of the proposed Contract for Sale of Land for Private Redevelopment. 4. As soon as possible, the City and the developer shall conclude final negotiations regarding all provisions to be contained in the Contract for Sale of Land for Private Redevelopment. There shall be agreement on such Contract on or before September 16, 1980, it being the intent that said Contract shall be executed on or before October 21, 1980. 5. The Contract for Sale of Land for Private Redevelopment shall contain provisions requiring that the developer submit to the City, on or before November 28, 1980, all detailed financial information necessary to support the issuance of Industrial Revenue Bonds. BE IT FURTHER RESOLVED that the City Manager is hereby authorized and directed to carry out the land disposition procedures in accordance with Iowa law, and as set forth in the Iowa City Downtown Urban Renewal Prospectus. Resolution No. 80-289 Page 3 BE IT FURTHER RESOLVED that this designation of a preferred developer does not constitute formal City acceptance of any offer to purchase. It was moved by Neuhauser and seconded by Vevera the Resolution 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 15th day of July , 1980. /MA •OR ATTEST: TY CLERK Received d, Approved py The Legal Department SS7 Iowa City, Iowa, July 15 , 1980. The City Council o1 Iowa City, Iowa, met on the above date in the, Council Chambers, Givic Center, in Iowa City, Iowa, at 7:30 o'clock P.M., in open regular session, pursuant -to law and the rules of said Council. The meeting was called to order by John Balmer, Mayor, presiding, and on roll call the following Council Members were present: Balmer, Erdahl, Neuhauser, Perret, Roberts, Vevera Absent: Lynch -1- s t Matters were discusped relative to the request from Towers Hotel Associates, a joint venture, regarding the issuance of not to exceed $7,500,000 in aggregate principal amount of the City's Industrial Development Revenue Interim Bonds (Towers Hotel Associates Project) and not to exceed $7,500,000 in agyreyate principal amount of the City's Industrial Development Revenue Bonds (Towers Hotel Associates Project) . Following an explanation of the proposed Project by representatives of said Company and a discussion of the proposal, Council Member Neuhauser introduced the following Resolution in written form and moved its adoption. Council Member Perret seconded the motion to adopt. After due consideration of said motion, the roll was called and the Resolution was adopted by the following vote: AYES: Balmer. Erdahl. Neuhauser t. Vevera ABSENT: Lynch NAYS: Roberts The Resolution was thereupon signed by the Mayor and in evidence of his approval, was attested by the City Clerk, and was declared to be effective. The Resolution is as follows: -2- S5-7 RESOLUTION NO.80-290 A RESOLUTION REGARDING THE ISSUANCE OF NOT TO EXCEED $7,500,000 IN AGGREGATE PRINCIPAL AMOUNT OF INDUSTRIAL DEVELOPMENT REVENUE INTERIM BONDS (TOWERS HOTEL ASSOCIATES PROJECT) AND NOT TO EXCEED $7,500,000 IN AGGREGATE PRINCIPAL AMOUNT OF INDUSTRIAL DEVELOPMENT REVENUE BONDS (TOWERS HOTEL ASSOCIATES PROJECT) OF THE CITY OF IOWA CITY, IOWA, AND AUTHORIZING EXECUTION OF A MEMORANDUM OF AGREEMENT. WHEREAS, the City of Iowa City, Iowa (hereinafter referred to as the "City") is a municipal corporation organized and existing under the Constitution and laws of the State of Iowa, and is authorized and empowered by Chapter 419 of the Code of Iowa (hereinafter referred to as the "Act"), to issue Indus- trial Development Revenue Interim Bonds and Industrial Development Revenue Bonds, and loan the proceeds from the sale of said Intr:rim Bonds and said Bonds to one or more parties to be used to defray all or a portion of the cost of acquiring, constructing, improving and equipping land, buildings and improvements suitable for use as a commercial enterprise con- sisting of hotel and restaurant facilities which the City finds is consistent with the urban renewal plan adopted by the City, pursuant to the Act and Chapter 403, Code of Iowa; and WHEREAS, the City has been requested by Towers Hotel Associates, a joint venture (hereinafter referred to as the "Company"), to authorize and issue its Industrial Development Revenue Interim Bonds (the "Interim Bonds") pursuant to the provisions of the Act for the purpose of temporarily financing all or a portion of the cost of the acquisition of land within the City of Iowa City, Iowa and construction and equipping of buildings and improvements thereon suitable for use as a com- mercial enterprise consisting of hotel and restaurant facili- ties (hereinafter referred to as the "Project"); and WHEREAS, the City has been requested by the Company, to authorize and issue its Industrial Development Revenue Bonds (the "Bonds") pursuant to the provisions of the Act for the purpose of permanently financing all or a portion of the cost of the acquisition, construction, improving and equipping of the Project located within the City of Iowa City, Iowa; and WHEREAS, said Interim Bonds, when issued, will be issued to temporarily finance the Project in anticipation of the issuance by the City of said Bonds, the proceeds of which, when issued, will be used to permanently finance the Project; and WHEREAS, said Project is located within the area of and is consistent with and authorized by the Project No. Iowa R-14 Urban Renewal Plan, adopted by the City, and will promote urban renewal, rehabilitation and redevelopment of the City, will eliminate blighted areas, and will provide employment oppor- tunities for residents of the City and the surrounding area; will enhance the tax base of the City and overlapping taxing jurisdictions and will provide and induce other public benefits which will add to the welfare and prosperity of the City and its inhabitants; and WHEREAS the City has determined that the amount necessary to defray all or a portion of the cost of acquisition, con- struction, improving and equipping the Project, including -4- .5-4/ necea;nary cxix!nc;c:; incidental thereto, will rec,iuire the issuance by the City of not to exceed $7,500,000 aggregate principal amount of its Industrial Development Revenue Interim Bonds and not to exceed $7,500,000 aggregate principal amount of its Industrial Development Revenue Bonds pursuant to the provisions of the Act, and it is proposed that the City loan said amount to Company under a Iran Agreement between the City and Company pursuant to which loan payments will be made by the Company in amounts sufficient to pay the principal of and interest and premium, if any, on said Interim Bonds and said Bonds, as and when the same shall be due; and WHEREAS, the Interim Bonds and Bonds, if issued, shall be limited obligations of the City, and shall not constitute nor give rise to a pecuniary liability of the City or a charge aciainst its general credit or taxing powers, and the principal of and interest and premium, if any, on the Interim Bonds and the Bonds shall be payable solely out of the revenues derived from the Project to be financed by the Interim Bonds and the Bonds; and WHEREAS, regulations promulgated under Section 103 of the Internal Revenue Code of 1954, as amended, may require that thc: Issuer of such Interim Bonds and such Bonds adopt a Resolution with respect to such Interim Bonds and such Bonds or take "Som,,- other soul,:other similar official action" toward the issuance of such Interim Bonds and such Bonds prior to the commencement of construction or acquisition relating to the proposed Project, and it is intended that this Resolution shall constitute "some other similar official action" toward the issuance of the Interim Bonds and the Bonds within the meaning of said federal income tax regulations; and WHEREAS, there has been presented to the Council a Memo- randum of Agreement, attached hereto as Exhibit "A" which sets forth certain mutual undertakings and agreements between the City and Company, relating to the further processing and issu- ance of said Interim Bonds and said Bonds, and the City believes it desirable and in its best interest that said Memorandum of Agreement be executed for and on behalf of the City; and NOW, THEREFORE., Be It and It Is Hereby Resolved by the City Council of the City of Iowa City, Iowa, as follows: Section 1. The City recognizes that regulations promul- gated under Section 103 of the Internal Revenue Code of 1954, as amended, may require the taking by this City Council of official action or "some other similar official action", if interest on Industrial Development Revenue Interim Bonds and Industrial Development Revenue Bonds issued by the City and used to acquire, construct, improve and equip such project is to be exempt from federal income taxes. In order to preserve such exemption, this Resolution is intended to constitute -6- 563 :;ole_ly for federal income tax purposes official action or "some oth(rr similar official action" with respect to the issuance of such Interim Bonds and such Bonds. Section 2. That in order to assure the acquisition, construction, improvement and equipping of these commercial facilities in the City of Iowa City, Iowa, with the resulting public benefits which will flow from the operation thereof, it is deemed necessary and advisable that the Memorandum of Agreement, in the form attached hereto as Exhibit "A", be approved and that the Mayor of the City be and hereby is authorized and directed to execute said Memorandum of Agreement and the City Clerk of the City be and hereby is authorized to attest the same and to affix the seal of the City thereto and said Memorandum of Agreement is hereby made a part of this Resolution. Section 3. In order that the Project will not be unduly delayed, Company is hereby authorized to make such commitments, exp(:nditures and advances toward payment of the costs of the Project as it considers appropriate, subject to reimbursement from the proceeds of the Interim Bonds and the Bonds when and if delivered, but otherwise without liability on the part of the City. -7- 6-4 / Section 4. That officials of the City are hereby authorized to take such further action as may be necessary to carry out the intent and purpose of the Memorandum of Agreement. Section 5. All Resolutions and orders or parts thereof, in conflict her(.with are, to the extent of such conflict, hereby repealed, and this Resolution shall be in full force and effect immediately upon its adoption. E Adopted and approved, July 15,. 1980. Cit of Iowa City owa (SEAL) hn E3almer, Major ALte nt,t,irStolfus, City lerk H -8- .5-4,57 CLERK'S CERTIFICATE I, Ahbie lil'olfu:,, heincl fir:;L duly !,worn do ht•rt-hy doposo and certify thtiL I am thV duly appointed, tlunl it icd, and acLinq City Clerk of the City of Iowa City, in the County of Johnson, State of Iowa; that as such I have in my possession, or have access to, the complete corporate records of said City and of its Council and officers; that I have carefully compared the transcript hereto attached with the aforesaid corporate records; and that said transcript hereto attached is a true, correct and complete copy of all the corporate records showing the action taken by the City Council of said City at a meeting open to the public on July 15, 1980, regarding the issuance of riot to exceed $7,500,000 aggregate principal amount of Industrial Development Revenue Interim Bonds (Towers Hotel Associates Project) and not to exceed $7,500,000 aggregate principal amount of Industrial Development Revenue Bonds (Towers Hotel Associates Project) of the City of Iowa City, Iowa, and authorizing execution of a Memorandum of Agreement; that said proceedings remain in full force and effect and have not been amended or rescinded in any way; that said meeting and all action thereat was duly and publicly held, with members of the public in attendance, in accordance with a notice of meeting and tentative agenda, a copy of which was timely served on each member of the Council and posted on a bulletin board or other prominent place easily accessible to the public and clearly designated for that purpose at the principal office of the Council (a copy of the face sheet of said agenda being attached hereto) pursuant to the local rules of the Council and the provisions of Chapter 28A, Iowa Code, and upon reasonable advance notice to the public and media at least twenty-four hours prior to the commencement of the meeting as required by said law. Witness my hand and the Corporate Seal of said City hereto affixed this /� `7c day of July,: 1980. (SEAL) Abbie Stolfus, Ci Clerk State of Iowa ) SS.: County of Johnson ) Subscribed and sworn to before me this day, thr_ date la!;t above written. N tary Public in and for the (SEAL) State of Iowa -9- 5 (0 (This Notice to be Posted) NOTICE AND CALL OF COUNCIL MEETING Governmental Body: Date of Meeting: Time of Meeting: Place of Meeting: The City Council of Iowa City, Iowa. July 15 , 1980 7:30 P.M. Council Chambers Civic Center Iowa City, Iowa PUBLIC NOTICE IS HEREBY GIVEN that the above-mentioned governmental body will meet at the date, time and place above set out. The tentative agenda for said meeting is as follows: 1. Resolution Regarding the Issuance of Not To Exceed $7,500,000 Aggregate Principal Amount of Industrial Development Revenue Interim Bonds (Towers Hotel Associates Project) and not to exceed $7,500,000 Aggregate Principal Amount of Industrial Development Revenue Bonds (Towers Hotel Associates Project) of the City of Iowa City, Iowa, and authorizing execution of a Memorandum of Agreement. 2. Such additional matters as are set forth on the additional_ page(s) attached hereto (attach copy of agenda) This notice is given at the direction of the Mayor, pur- suant- to Chapter 28A, Iowa Code, as amended, and the local rules of said governmental body. Abbie Stolfus, Uerk of the City of Iowa City, Iowa Posted ZLo1100 11.'�Z0a//. , Removed7�G1Ba Ooy.if -10- JW EXHIBIT "A" MEMORANDUM OF AGREE THIS MEMORANDUM OF AGREEMENT is between the City of Iowa City, in Johnson County, Iowa, party of the first part (hereinafter referred to as the "City"), and 1b wers Hotel Associates, party of the second part (hereinafter referred to as the "Company"). 1. Preliminary Statement. Among the matters of mutual inducement which have resulted in the execution of this Agreement are the following: (a) The City is an incorporated municipality of the State of Iowa, authorized and empowered by the provisions of Chapter 419 of the Code of Iowa ( the "Act") , to issue Industrial Development Revenue Interim Bonds and Industrial Development Revenue Bonds for the purpose of defraying all or a portion of the cost of acquiring and improving land, buildings and impro- vements suitable for use of commercial enterprises which the City Council, as the governing body, finds is consistent with the urban renewal plan, adopted by the City, pursuant to the Act and Chapter 403, Code of Iowa; and (b) The City has adopted the Project No. Iowa R-14 Urban Re.-newal Plan, and in furtherance of efforts to rehabilitate and redevelop the designated Urban Renewal Area, the City proposes to issue its Industrial Development Revenue Interim Bonds ( the "Interim Bonds") and its Industrial Development Revenue Bonds (the "Bonds") and to loan to the Company the proceeds from the sale of said Interim Bonds and said Bonds to enable the Company to finance the cost of the acquisition of land and construction of structures, buildings and improvements thereon, all to be suitable for use as a commercial enterprise consisting of hotel and restaurant facilities (herein referred to as the "Project"); and (c) It is considered essential that acquisition and reno- vation related to the Project commence at the earliest prac- ticable date, and that orders be place_(] for acquiring the necessary improvements and equipment. tiowr, ver, before com- mencing the Project, the Company desires satisfactory assuran- ces from the City that the proceeds from the sale of the City':; Industrial Development Revenue Interim Bonds, which, when issued, will be used to temporarily finance the Project in anticipation of the proceeds from the sale of the City's Industrial Development Revenue Bonds, which, when issued, will permanently finance the Project, will be made available in an amount sufficient to finance all or a portion of the cost of the Project. The amount of the Interim Bonds and Bonds requested to be issued is presently estimated not to exceed $7,500,000. (d) Representatives of the City have indicated the will- ingness of the City to proceed with and effect such financing as an inducement to the Company to locate the Project in the City and the City has advised the Company that, subject to due compliance with all requirements of law and the obtaining of all necessary consents and approvals and to the happening of all acts, conditions and things required to exist, happen and be performed precedent to and in connection with such financing in due time, form and manner as required by law, the City, by virtue of such statutory authority as may now exist or may hereafter be conferred, will issue and sell its Interim Bonds and its Bonds in an amount sufficient to finance all or a por- tion of the cost of the Project. (e) The City considers that the undertaking of the Project will promote urban renewal, rehabilitation and redevelopment of the City, will eliminate blighted areas, and will provide employment opportunities for the inhabitants of the City, enhance the tax base of the City and overlapping taxing jurisdictions, increase the City's commerce and add to the welfare and prosperity of the City and that of its inhabitants. 2. Undertakings on the Part of the Com. The City agrees as follows: (a) That it will authorize, or cause to be authorized, the issuance and sale of an issue of its Interim Bonds to be issued and sold for the purpose of temporarily financing the Project in anticipation of the issuance and sale of the City's Bonds which, when issued, will be used to permanently finance the Project, pursuant to the terms of the Act as then in force, in an aggregate principal amount presently estimated not to exceed $7, 500, 000. (b) That it will cooperate with Company to sell the Interim Bonds and the Bonds upon mutually agreeable terms, and it will adopt, or cause to be adopted, such proceedings and authorize the execution of such documents as may be necessary or advisable for the authorization, issuance and sale of the Interim Bonds and the Bonds and the financing of the Project as aforesaid, and the entering into a Iran Agreement with the Company with respect to the Project, all as shall be authorized by law and mutually satisfactory to the City and the Company. (c) That the aggregate basic payments (i.e. the payments to be used to pay the principal of and premium, if any, and interest on the Interim Bonds and the Bonds) payable under the Loan Agreement shall be such sums as shall be sufficient to pay the principal of and interest and redemption premium, if any, on the Interim Bonds and the Bonds as and when the same shall become due and payable. (d) That it will take or cause to be taken such other acts and adopt such further proceedings as may be required to imple- ment the aforesaid undertakings or as it may deem appropriate in pursuance thereof. 3. Undertakings on the Part of the Company. The Company covenants and agrees as follows: (a) That it will cooperate with the City to sell the Interim Bonds and the Bonds in an aggregate principal amount as above stated; provided, however, that the terms of the Interim Bonds and the Bonds and of the sale and delivery thereof shall be mutually satisfactory to the City and the Company. (b) That it has not, prior to the execution of this agree- ment and the taking of "official action" toward the issuance of the Interim Bonds and the Bonds by the City, acquired or com- menced construction of the Project, or any part thereof, and has not entered into any contracts or paid or incurred any costs related thereto, which will be paid or reimbursed from the proceeds of the Interim Bonds and the Bonds, when and if issued. The Company does, however, represent that it now intends to enter into a contract or contracts for the acquisition, construction, improvement and equipping of the Project and take, with reasonable diligence, the other necessary steps toward the realization of the Project. (c) That contemporaneously with the sale of the Interim Bonds and the sale of the Bonds it will execute a Loan Agreement with the City under the terms of which the Company will obligate itself to pay to the City sums sufficient in the aggregate to pay the principal of, interest and redemption premium, if any, on the Interim Bonds and the Bonds as and when the same shall become due and payable, such instrument to con- tain other provisions required by law and such other provisions as shall be mutually acceptable to the City and the Company. (d) That it will take such further action and adopt such further proceedings as may be required to implement its afore- said undertakings or as it may deem appropriate in pursuance thereof. 4. General Provisions. (a) All commitments of the City under paragraph 2 hereof and of the Company under paragraph 3 hereof are subject to the condition that on or before June 1, 1981 (or such other date as shall be mutually satisfactory to the City and the Company), the City and the Company shall have agreed to mutually accep- table terms for the Interim Bonds and the Bonds and of the sale and delivery thereof, and mutually acceptable terms and con- ditions of the documents referred to in paragraph 3 and the proceedings referred to in paragraphs 2 and 3 hereof. (b) Whether or not the events set forth in (a) of this paragraph take place within the time set forth or any extension thereof, the Company agrees that it will reimburse the City for all reasonable and necessary direct out-of-pocket expenses which the City may incur, including but not limited to, legal fees, printing and publication costs and filing fees arising from the execution of this Agreement and the performance, or preparation to perform by the City of its obligations here- under, or done at the request of the Company. (c) All commitments of the City hereof are further subject to the conditions that the City, and its elected and appointed officials, shall in no event incur any liability for any act or omission hereunder, and that the Interim Bonds and the Bonds described herein shall not constitute an indebtedness of the City within the meaning of any constitutional or statutory pro- vision and shall not constitute nor give rise to a pecuniary liability of the City or a charge against its general credit or taxing powers. IN WITNESS WHEREOF the parties hereto have entered into this Agreement by their officers thereunto duly authorized as of the 16th day of July , 1980. City of Iowa City, Iowa (Seal of City) o n Balmer, Mayor Attest: //n✓///J 9J___Z SGC✓ Abbie Stolfus, City Cderk (No Seal) Towers Hotel Associates -4- S7/ TOWERS HOTEL ASSOCIATES By: C� Q Jay -C'. Oehler for Investments Incorporated and for College Towers Limited Partnership By: Ivan Himmel for Meadow Link Incorporated -5- b714 /4 towa Ci t.y, lowa , July 15, 1980. The City Council of Iowa City, Iowa, met on the above date in the Council Chambers, Civic Center, in Iowa City, Iowa, at 7:30 o'clock P.M., in open regular session, pursuant to law and the rules of said Council. The meeting was called to order by John Balmer, Mayor, presiding, and on roll call the following Council Members were present: Balmer, Erdahl, Neuhauser, Perret, Roberts, Vevera Absent Lynch -1- Matters were discussed relative to the request from Plaza Beta it Associates, a joint venture, regarding the issuance of not to exceed $5,000,000 in aggregate principal amount of the City's Industrial Development Revenue Interim Bonds (Plaza Retail Associates Project) and not to exceed $5,000,000 in aggregate principal amount of the City's Industrial Development Revenue Bonds (Plaza Retail Associates Project). Following an explanation of the proposed Project by representatives of said Company and a discussion of the proposal, Council Member Neuhauser introduced the following Resolution in written form and moved its adoption seconded the motion to adopt Council Member Perret After due consideration of said motion, the roll was called and the Resolution was adopted by the following vote: AYES: Erdahl, Neuhauser, Perret Vevera. Balmer ABSENT: Lynch NAYS: Roberts The Resolution was thereupon signed by the Mayor and in evidence of his approval, was attested by the City Clerk, and was declared to be effective. The Resolution is as follows: -2- 573 RESOLUTION NO. 80-291 A RESOLUTION REGARDING THE ISSUANCE OF NOT TO EXCEED $5,000,000 IN AGGREGATE PRINCIPAL AMOUNT OF INDUSTRIAL DEVELOPMENT REVENUE INTERIM BONDS (PLAZA RETAIL ASSOCIATES PROJECT) AND NOT TO EXCEED $5,000,000 IN AGGREGATE PRINCIPAL AMOUNT OF INDUSTRIAL DEVELOPMENT REVENUE BONDS (PLAZA RETAIL ASSOCIATES PROJECT) OF THE CITY OF IOWA CITY, IOWA, AND AUTHORIZING EXECUTION OF A MEMORANDUM OF AGREEMENT. WHEREAS, the City of Iowa City, Iowa (hereinafter referred to as the "City") is a municipal corporation organized and existing under the Constitution and laws of the State of Iowa, and is authorized and empowered by Chapter 419 of the Code of Iowa ( hereinafter referred to as the "Act" ) , to issue Indus- trial Development Revenue Interim Bonds and Industrial Development Revenue Bonds, and loan the proceeds from the sale of said Interim Bonds and said Bonds to one or more parties to be used to defray all or a portion of the cost of acquiring, constructing, improving and equipping land, buildings and improvements suitable for use as commercial enterprises con- sisting of retail and commercial facilities which the City finds is consistent with the urban renewal plan adopted by the City, pursuant to the Act and Chapter 403, Code of Iowa; and WHEREAS, the City has been requested by Plaza Retail Associates, a joint venture (hereinafter referred to as the "Company"), to authorize and issue its Industrial Development Revenue Interim Bonds (the "Interim Bonds") pursuant to the provisions of the Act for the purpose of temporarily financing all or a portion of the cost of the acquisition of land within the City of Iowa City, Iowa and construction and equipping of -3- `75Z buildings and improvements thereon suitable for use as commer- cial enterprises consisting of retail and commercial facilities (hereinafter referred to as the "Project"); and WHEREAS, the City has been requested by the Company, to authorize and issue its Industrial Development Revenue Bonds (the "Bonds") pursuant to the provisions of the Act for the purpose of permanently financing all or a portion of the cost of the acquisition, construction, improving and equipping of the Project located within the City of Iowa City, Iowa; and WHEREAS, said Interim Bonds, when issued, will be issued to temporarily finance the Project in anticipation of the issuance by the City of said Bonds, the proceeds of which, when issued, will be used to permanently finance the Project; and WHEREAS, said Project is located within the area of and is consistent with and authorized by the Project No. Iowa R-14 Urban Renewal Plan, adopted by the City, and will promote urban renewal, rehabilitation and redevelopment of the City, will eliminate blighted areas, and will provide employment oppor- tunities for residents of the City and the surrounding area; will enhance the tax base of the City and overlapping taxing jurisdictions and will provide and induce other public benefits which will add to the welfare and prosperity of the City and its inhabitants; and WHEREAS the City has determined that the amount necessary to defray all or a portion of the cost of acquisition, con- struction, improving and equipping the Project, including necessary expenses incidental thereto, will require the -4- � r issuance by the City of not to exceed $5,000,000 aggregate principal amount of its Industrial Development Revenue Interim Bonds and not to exceed $5,000,000 aggregate principal amount of its Industrial Development Revenue Bonds pursuant to the provisions of the Act, and it is proposed that the City loan said amount to Company under a Loan Agreement between the City and Company pursuant to which loan payments will be made by the Company in amounts sufficient to pay the principal of and interest' and premium, if any, on said Interim Bonds and said Bonds, as and when the same shall be due; and WHEREAS, the Interim Bonds and Bonds, if issued, shall be limited obligations of the City, and shall not constitute nor give rise to a pecuniary liability of the City or a charge against its general credit or taxing powers, and the principal of and interest and premium, if any, on the Interim Bonds and the Bonds shall be payable solely out of the revenues derived from the Project to be financed by the Interim Bonds and the Bonds; and WHEREAS, regulations promulgated under Section 103 of the Internal Revenue Code of 1954, as amended, may require that the Issuer of such Interim Bonds and such Bonds adopt a Resolution with respect to such Interim Bonds and such Bonds or take "some other similar official action" toward the issuance of such Interim Bonds and such Bonds prior to the commencement of -5- .5 7G construction or acquisition relating to the proposed Project, and it is intended that this Resolution shall constitute "some other similar official action" toward the issuance of the Interim Bonds and the Bonds within the meaning of said federal income tax regulations; and WHEREAS, there has been presented to the Council a Memo- randum of Agreement, attached hereto as Exhibit "A" which sets forth certain mutual undertakings and agreements between the City and Company, relating to the further processing and issu- ance of said Interim Bonds and said Bonds, and the City believes it desirable and in its best interest that said Memorandum of Agreement be executed for and on behalf of the City; and NOW, THEREFORE, Be It and It Is Hereby Resolved by the City Council of the City of Iowa City, Iowa, as follows: Section 1. The City recognizes that regulations promul- gated under Section 103 of the Internal Revenue Code of 1954, as amended, may require the taking by this City Council of official action or "some other similar official action", if interest on Industrial Development Revenue Interim Bonds and Industrial Development Revenue Bonds issued by the City and used to acquire, construct, improve and equip such project is to be exempt from federal income taxes. In order to preserve such exemption, this Resolution is intended to constitute -6- S77 solely for federal income tax purposes official action or "some other similar official action" with respect to the issuance of such Interim Bonds and such Bonds. Section 2. That in order to assure the acquisition, construction, improvement and equipping of these commercial facilities in the City of Iowa City, Iowa, with the resulting public benefits which will flow from the operation thereof, it is deemed necessary and advisable that the Memorandum of Agreement, in the form attached hereto as Exhibit "A", be approved and that the Mayor of the City be and hereby is authorized and directed to execute said Memorandum of Agreement and the City Clerk of the City be and hereby is authorized to attest the same and to affix the seal of the City thereto and said Memorandum of Agreement is hereby made a part of this Resolution. Section 3. In order that the Project will not be unduly delayed, Company is hereby authorized to make such commitments, expenditures and advances toward payment of the costs of the Project as it considers appropriate, subject to reimbursement from the proceeds of the Interim Bonds and the Bonds when and if delivered, but otherwise without liability on the part of the City. -7- S7t Section 4. That officials of the City are hereby authorized to take such further action as may be necessary to carry out the intent and purpose of the Memorandum of Agreement. Section 5. All Resolutions and Orders or parts thereof, in conflict herewith are, to the extent of such conflict, hereby repealed, and this Resolution shall be in full force and effect immediately upon its adoption. Adopted and approved, July 15 , 1980. Zn ofIowa City,Iowa (SEAL) Balmer, Ma Atte t Ab ie Stolfus, City Clerk -8- S79 CLERK'S CERTIFICATE I, Abbie Stolfus, being first duly sworn do hereby depose and certify that I am the duly appointed, qualified, and acting City Clerk of the City of Iowa City, in the County of Johnson, State of Iowa; that as such I have in my possession, or have access to, the complete corporate records of said City and of its Council and officers; that I have carefully compared the transcript hereto attached with the aforesaid corporate records; and that said transcript hereto attached is a true, correct and complete copy of all the corporate records showing the action taken by the City Council of said City at a meeting open to the public on July 15 , 1980, regarding the issuance of not to exceed $5,000,000 aggregate principal amount of Industrial Development Revenue Interim Bonds (Plaza Retail Associates Project) and not to exceed $5,000,000 aggregate principal amount of Industrial Development Revenue Bonds (Plaza Retail Associates Project) of the City of Iowa City, Iowa, and authorizing execution of a Memorandum of Agreement; that said proceedings remain in full force and effect and have not been amended or rescinded in any way; that said meeting and all action thereat was duly and publicly held, with members of the public in attendance, in accordance with a notice of meeting and tentative agenda, a copy of which was timely served on each member of the Council and posted on a bulletin board or other prominent place easily accessible to the public and clearly designated for that purpose at the principal office of the Council (a copy of the face sheet of said agenda being attached hereto) pursuant to the local rules of the Council and the provisions of Chapter 28A, Iowa Code, and upon reasonable advance notice to the public and media at least twenty-four hours prior to the commencement of the meeting as required by said law. Witness my hand and the Corporate Seal of said City hereto affixed this /L• `y day of July , 1980. (SEAL) Abbie Stolfus, CiXy Clerk State of Iowa ) SS.: County of Johnson ) Subscribed and sworn to before me this day, the date last above written. Not ry Public in and for the (SEAL) State of Iowa -9- 500D (This Notice to be Posted) NOTICE AND CALL OF COUNCIL MEETING Governmental Body: Date of Meeting: Time of Meeting: The City Council of Iowa City, Iowa. July 15 , 1980 7:30 P.M. Place of Meeting: Council Chambers Civic Center Iowa City, Iowa PUBLIC NOTICE IS HEREBY GIVEN that the above-mentioned governmental body will meet at the date, time and place above set out. The tentative agenda for said meeting is as follows: 1. Resolution Regarding the Issuance of Not To Exceed $5,000,000 Aggregate Principal Amount of Industrial Development Revenue Interim Bonds (Plaza Retail Associates Project) and not to exceed $5,000,000 Aggregate Principal Amount of Industrial Development Revenue Bonds (Plaza Retail Associates Project) of the City of Iowa City, Iowa, and authorizing execution of a Memorandum of Agreement. 2. Such additional matters as are set forth on the additional _r_ page(s) attached hereto (attach copy of agenda). This notice is given at the direction of the Mayor, pur- suant to Chapter 28A, Iowa Code, as amended, and the local rules of said governmental body. A bie Stolfus, Cleitk of the City of Iowa City, Iowa Posted 7&� Removed ZZZ41f0 d':oo/).f/..,f1 0 -10- Sk/ EXHIBIT "A" MEMORANDUM OF AGREEMENT THIS MEMORANDUM OF AGREEMENT is between the City of Iowa City, in Johnson County, Iowa, party of the first part (hereinafter referred to as the "City"), and Plaza Retail Associates, party of the second part (hereinafter referred to as the "Company"). 1. Preliminary Statement. Among the matters of mutual inducement which have resulted in the execution of this Agreement are the following: (a) The City is an incorporated municipality of the State of Iowa, authorized and empowered by the provisions of Chapter 419 of the Code of Iowa ( the "Act" ) , to issue Industrial Development Revenue Interim Bonds and Industrial Development Revenue Bonds for the purpose of defraying all or a portion of the cost of acquiring and improving land, buildings and impro- vements suitable for use of commercial enterprises which the City Council, as the governing body, finds is consistent with the urban renewal plan, adopted by the City, pursuant to the Act and Chapter 403, Code of Iowa; and (b) The City has adopted the Project No. Iowa R-14 Urban Renewal Plan, and in furtherance of efforts to rehabilitate and redevelop the designated Urban Renewal Area, the City proposes to issue its Industrial Development Revenue Interim Bonds ( the "Interim Bonds") and its Industrial Development Revenue Bonds (the "Bonds") and to loan to the Company the proceeds from the sale of said Interim Bonds and said Bonds to enable the Company to finance the cost of the acquisition of land and construction of structures, buildings and improvements thereon, all to be suitable for use as commercial enterprises consisting of retail and commercial facilities (herein referred to as the "Project"); and (c) It is considered essential that acquisition and reno- vation related to the Project commence at the earliest prac- ticable date, and that orders be placed for acquiring the necessary improvements and equipment. However, before com- mencing the Project, the Company desires satisfactory assuran- ces from the City that the proceeds from the sale of the City's Industrial Development Revenue Interim Bonds, which, when issued, will be used to temporarily finance the Project in anticipation of the proceeds from the sale of the City's Industrial Development Revenue Bonds, which, when issued, will permanently finance the Project, will be made available in an amount sufficient to finance all or a portion of the cost of the Project. The amount of the Interim Bonds and Bonds requested to be issued is presently estimated not to exceed $5,000,000. (d) Representatives of the City have indicated the will— ingness of the City to proceed with and effect such financing as an inducement to the Company to locate the Project in the City and the City has advised the Company that, subject to due compliance with all requirements of law and the obtaining of all necessary consents and approvals and to the happening of all acts, conditions and things required to exist, happen and be performed precedent to and in connection with such financing in due time, form and manner as required by law, the City, by virtue of such statutory authority as may now exist or may hereafter be conferred, will issue and sell its Interim Bonds and its Bonds in an amount sufficient to finance all or a por- tion of the cost of the Project. (e) The City considers that the undertaking of the Project will promote urban renewal, rehabilitation and redevelopment of the City, will eliminate blighted areas, and will provide employment opportunities for the inhabitants of the City, enhance the tax base of the City and overlapping taxing jurisdictions, increase the City's commerce and add to the welfare and prosperity of the City and that of its inhabitants. 2. Undertakings on the Part of the Com. The City agrees as follows: (a) That it will authorize, or cause to be authorized, the issuance and sale of an issue of its Interim Bonds to be issued and sold for the purpose of temporarily financing the Project in anticipation of the issuance and sale of the City's Bonds which, when issued, will be used to permanently finance the Project, pursuant to the terms of the Act as then in force, in an aggregate principal amount presently estimated not to exceed $5,000,000. (b) That it will cooperate with Company to sell the Interim Bonds and the Bonds upon mutually agreeable terms, and it will adopt, or cause to be adopted, such proceedings and authorize the execution of such documents as may be necessary or advisable for the authorization, issuance and sale of the Interim Bonds and the Bonds and the financing of the Project as aforesaid, and the entering into a Loan Agreement with the Company with respect to the Project, all as shall be authorized by law and mutually satisfactory to the City and the Company. (c) That the aggregate basic payments (i.e. the payments to be used to pay the principal of and premium, if any, and -2- C,JO3 interest on the Interim Bonds and the Bonds) payable under the Loan Agreement shall be such sums as shall be sufficient to pay the principal of and interest and redemption premium, if any, on the Interim Bonds and the Bonds as and when the same shall become due and payable. (d) That it will take or cause to be taken such other acts and adopt such further proceedings as may be required to imple- ment the aforesaid undertakings or as it may deem appropriate in pursuance thereof. 3. Undertakings on the Part of the Company. The Company covenants and agrees as follows: (a) That it will cooperate with the City to sell the Interim Bonds and the Bonds in an aggregate principal amount as above stated; provided, however, that the terms of the Interim Bonds and the Bonds and of the sale and delivery thereof shall be mutually satisfactory to the City and the Company. (b) That it has not, prior to the execution of this agree- ment and the taking of "official action" toward the issuance of the Interim Bonds and the Bonds by the City, acquired or com- menced construction of the Project, or any part thereof, and has not entered into any contracts or paid or incurred any costs related thereto, which will be paid or reimbursed from the proceeds of the Interim Bonds and the Bonds, when and if issued. The Company does, however, represent that it now intends to enter into a contract or contracts for the acquisition, construction, improvement and equipping of the Project and take, with reasonable diligence, the other necessary steps toward the realization of the Project. (c) That contemporaneously with the sale of the Interim Bonds and the sale of the Bonds it will execute a Loan Agreement with the City under the terms of which the Company will obligate itself to pay to the City sums sufficient in the aggregate to pay the principal of, interest and redemption premium, if any, on the Interim Bonds and the Bonds as and when the same shall become due and payable, such instrument to con- tain other provisions required by law and such other provisions as shall be mutually acceptable to the City and the Company. (d) That it will take such further action and adopt such further proceedings as may be required to implement its afore- said undertakings or as it may deem appropriate in pursuance thereof. 4. General Provisions. (a) All commitments of the City under paragraph 2 hereof and of the Company under paragraph 3 hereof are subject to the condition that on or before June 1, 1981 (or such other date as shall be mutually satisfactory to the City and the Company), -3- the City and the Company shall have agreed to mutually accep- table terms for the Interim Bonds and the Bonds and of the sale and delivery thereof, and mutually acceptable terms and con- ditions of the documents referred to in paragraph 3 and the proceedings referred to in paragraphs 2 and 3 hereof. (b) Whether or not the events set forth in (a) of this paragraph take place within the time set forth or any extension thereof, the Company agrees that it will reimburse the City for all reasonable and necessary direct out-of-pocket expenses which the City may incur, including but not limited to, legal fees, printing and publication costs and filing fees arising from the execution of this Agreement and the performance, or preparation to perform by the City of its obligations here- under, or done at the request of the Company. (c) All commitments of the City hereof are further subject to the conditions that the City, and its elected and appointed officials, shall in no event incur any liability for any act or omission hereunder, and that the Interim Bonds and the Bonds described herein shall not constitute an indebtedness of the City within the meaning of any constitutional or statutory pro- vision and shall not constitute nor give rise to a pecuniary liability of the City or a charge against its general credit or taxing powers. IN WITNESS WHEREOF the parties hereto have entered into this Agreement by their officers thereunto duly authorized as of the 16th day of July , 1980. City of Iowa City, Iowa (Seal of City) � gn Balmer, Mayo -tel Attest: Abbie Stolfus, City Jerk (No Seal) Plaza Retail Associates -4- 67 -Ir A. PLAZA RETAIL ASSOCIATES By: Wilfr da Hieronymus for H' -on, Inc. and for Old Capitol Business Center Company Jay Oehler for City Plaza Limited Partnership By: \r 01 Ivan Himmel for Meadow Link Incorporated -5- S6 Q Council Member Vevera introduced the following Resolution entitled RESOLUTION ACCEPTING WORK" and moved its adoption. Council Member Neuhauser seconded the motion to adopt. The roll was called and the vote was, AYES: Neuhauser, Perret, Roberts, _Vevera, Balmer, Erdahl ABSENT: Lynch NAYS: Whereupon the Mayor declared the following Resolution duly adopted: RESOLUTION N0. 80-292 RESOLUTION ACCEPTING WORK WHEREAS, on April 1, 1980, Iowa City, Iowa, entered into contract with Weber Bros. of Mechanicsville, Iowa, for the construction of the 1980 Melrose Avenue Sanitary Sewer Extension Assessment Project, within the City, as therein described; and WHEREAS, said contractor has fully completed the construc- tion of said improvements, known as the 1980 Melrose Avenue Sanitary Sewer Extension Assessment Project, in accordance with the terms and conditions of said contract and plans and specifications, as shown by the certificate of the Engineer filed with the Clerk on July 11 , 1980: NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: That said report of the Engineer be and the same is hereby approved and adopted and said improvements are hereby approved and accepted as having been fully completed in accordance with the said plans, specifications and contract, and the total project cost of the improvements under said contract is hereby determined to be $ 16,581.20 as shown in said report of the Engineer. -2- AMLERS. COONEY. DORWEILER. HAYNIE d SMITH. LAWYERS. DES MOINES. IOWA 5� PASSED AND APPROVED this 15th day of 1980. ATTEST: Clerk ` or -3- AHLERS. COONEY. DORWEILER. HAYN IE&SMITH. LAWYERS. DES MOINES, IOWA 7 S&'/ COMPLETE & RETURN TO MR. HAYNIE CIG -3 1-79 CERTIFICATE STATE OF IOWA ) SS COUNTY OF JOHNSON ) I, the undersigned City Clerk of Iowa City Iowa, do hereby certify that attached is a true an comp ete copy of the portion of the corporate records of said Municipality showing proceedings of the Council, and the same is a true and complete copy of the action taken by said Council with respect to said matter at the meeting held on the date indicated in the attachment, which proceedings remain in full force and effect, and have not been amended or rescinded in any way; that meeting and all action thereat was duly and publicly held in accordance with a notice of meeting and tentative agenda, a copy of which was timely served on each member of the Council and posted on a bulletin board or other prominent place easily asccessible to the public and clearly designated for that purpose at the principal office of the Council (a copy of. the face, sheet of said agenda being attached hereto) pursuant to the local rules of. the Council and the provisions of Chapter. 2RA, Code of Iowa, upon reasonable advance notice to the public and media at least twenty-four hours prior to the commencement of the meeting_ as required by said law and with members of the public present in attendance; I further certify that the individuals named therein were on the date thereof duly and lawfully possessed of their respective city offices as indicated therein, that no council vacancy existed except as may be stated in said proceedings, and that no controversy or litigation is pending, prayed or threatened involving the incorporation, organization, existence or boundaries of the City or the right of the individuals named therein as officers to their respective positions. WITNESS my band and the s of� said municipality hereto affixed this H1 day of /0 1980 , City Clerk, ` `Iowa C ty C i Iowa SEAL AHLERS. COONEY. DORWEILER. HAYNIE 6 SMITH. LAWYERS. DES MOINES. IOWA Sip July 15 , 1980 The City Council of Iowa City, Iowa, met in regular session, in the Council Chambers, Civic Center, Iowa City, Iowa, at 7:30 o'clock P .M., on the above date. There were present Mayor Balmer , in the chair, and the following named Council Members: Erdahl, Neuhauser, Perret, Roberts, Vevera Absent: Lynch -1- AHLERS. COONEY. DORWEILER. HAYNIE& SMITH, LAWYERS, DES MOINES, IOWA S -V 7 Council Member Perret introduced the following Resolution entitled RESOLUTION ORDERING PREPARATION OF FINAL PLAT AND SCHEDULE OF ASSESSMENTS" and moved its adoption. Council Member Vevera seconded the motion to adopt. The roll was called and the vote was, AYES: Perret, Roberts. Vevera Balmer, Erdahl, Neuhauser ABSENT: Lynch NAYS: Whereupon the Mayor declared the following Resolution duly adopted: RESOLUTION N0. 80-293 RESOLUTION ORDERING PREPARATION OF FINAL PLAT AND SCHEDULE OF ASSESSMENTS BE IT RESOLVED, that the Engineer is hereby instructed to prepare a final plat and schedule showing the separate lots or parcels of ground subject to assessment for the cost of the 1980 Melrose Avenue Sanitary Sewer Extension Assessment Project, together with the names of the owners thereof, so far as practicable, and the amount assessable by law against each lot or parcel of ground so assessable, and against any railway or street railway legally assessable therefor, and$13,682.70 of the whole amount of the cost of said improvements shall be assessed against the benefited properties, but not in excess of the amounts so assessed in the preliminary plat and sche- dule for the improvement, and filed in the office of the Clerk. PASSED AND APPROVED this 15th day of Jul 1980. ATTEST: (11 7 Clerk ayor -4- AHLERS. COONEY. DORWEILER. HAYNIE & SMITH, LAWYERS. DES MOINES. IOWA S90 Council Member Vevera introduced the following Resolution entitled "RESOLUTION ADOPTING AND LEVYING FINAL SCHEDULE OF ASSESSMENTS, AND PROVIDING FOR THE PAYMENT THEREOF" and moved its adoption. Council Member Perret seconded the motion to adopt. The roll was called and the vote was, AYES: Roberts, Vevera, Balmer Erdahl ABSENT: Lynch NAYS: none Neuhauser, Perret Whereupon the Mayor declared the following Resolution duly adopted as follows: RESOLUTION NO. 80-294 RESOLUTION ADOPTING AND LEVYING FINAL SCHEDULE OF ASSESSMENTS, AND PROVIDING FOR THE PAYMENT THEREOF IOWA: BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, That after full consideration of the final schedule of assessments and accompanying plat showing the assessments pro- posed to be made for the construction of the 1980 Melrose Avenue Sanitary Sewer Extension Assessment Project, within the City, under contract with Weber Bros. of Mechanicsville, Iowa, which final plat and schedule was filed in the office of the Clerk on the 11th day of July , 1980; and after full consideration, appraisement and apportionment of the special benefits conferred upon the properties shown in said schedule and plat of the said improvements, this Council finds that the said property is specially benefited by the said improvements in the amounts shown on said schedule; and that the said amounts are in proportion to the special benefits conferred upon the properties by said improvements, and are not in excess of such benefits and are not in excess of 258 of the actual value of the lots, parts of lots and parcels of land shown in said schedule. -5- AHLERS. COONEY. DORWEILER. HAYN IE & SMITH. LAWYERS. DES MOINES. IOWA 5� 1 And, after full consideration, appraisement and apportion- ment of the special benefits conferred upon the properties shown in said schedule and plat of the said improvements, this Council finds that the said property is specially benefited by the said improvements in the amounts shown on said schedule; as herein corrected; and that the said amounts are in propor- tion to the special benefits conferred upon the properties by said improvements, and are not in excess of such benefits and are not in excess of 25% of the actual value of the lots, parts of lots and parcels of land shown in said schedule. BE IT FURTHER RESOLVED, that the said schedule of assessments and accompanying plat, be and the same are hereby approved and adopted; and that there be, and is hereby assessed and levied, as a special tax against and upon each of the lots, parts of lots and parcels of land, and the owner or owners thereof liable to assessment for the cost of said improvements, the respective sums expressed in figures set opposite to each of the same on account of the cost of the construction of the said improvements. Provided, further, that the amounts shown in said final schedule of assessments as deficiencies are found to be proper and are levied con- ditionally against the respective properties benefited by the improvements as shown in the schedule, subject to the provi- sions of Section 384.63, Code of Iowa. Said assessments against said lots and parcels of land are hereby declared to be in proportion to the special benefits conferred upon said property by said improvements, and not in excess thereof, and not in excess of 25% of the value of the same. BE IT FURTHER RESOLVED, that said assessments of $50.00 or more shall be payable in ten equal annual installments and shall bear interest at the maximum rate permitted by law per annum from the date of the acceptance of the improvements; the first installment of each assessment, or total amount thereof, if it be less than $50.00, with interest on the whole assessment from date of acceptance of the work by the Council, shall become due and payable on July 1, 1981; succeeding annual installments, with interest on the whole unpaid amount, shall respectively become due on July 1st annually thereafter, and shall be paid at the same time and in the same manner as the September semiannual payment of ordinary taxes. Said assessments shall be payable at the office of the City Clerk, in full or in part and without interest within thirty days after the date of the certification of the plat and schedule of assessments to the County Auditor of Johnson County, Iowa. Q. AHLERS. COONEY. DORWEILER. HAYNIE & SMITH, LAWYERS, DES MOINES, IOWA /�'�� BE IT FURTHER RESOLVED, that the Clerk be and is hereby directed to certify said final plat and schedule to the County Auditor of Johnson County, Iowa, and to publish notice of said certification once each week for two consecutive weeks in the Press -Citizen, a newspaper printed wholly in the English language, published in Iowa City, Iowa, and of general cir- culation in Iowa City, Iowa, the first publication of said notice to be made within fifteen days from the date of the filing of said schedule with the County Auditor, the Clerk shall also send by certified mail to all property owners whose property is subject to assessment a copy of said notice, said mailing to be on or before the date of the second publication of the notice, all as provided and directed by Code Section 384.60, Code of Iowa. BE IT FURTHER RESOLVED, that the Clerk is directed to cer- tify the deficiencies for lots specially benefited by the improvements, as shown in the final schedule of assessments, to the County Auditor for recording in the Special Assessment Deficiencies Book and to the city official charged with responsibility for the issuance of building permits. Said deficiencies are conditionally assessed to the respective pro- perties under Code Section 384.63 for the amortization period specified by ordinance. The Clerk is authorized and directed to ascertain the amount of assessments remaining unpaid after the thirty day period against which improvement bonds may be issued and to proceed on behalf of the City with the sale of said bonds, to select a date for the sale thereof, to cause to be prepared such notice and sale information as may appear appropriate, to publish and distribute the same on behalf of the City and this Council and otherwise to take all action necessary to permit the sale of said bonds on a basis favorable to the City and acceptable to the Council. PASSED AND APPROVED this 15th day of July , 1980. i 'o (_21'1'z� Clerk -7- AHLERS. COONEY. DORWEILER. HAYNIE&SMITH. LAWYERS, DES MOINES, IOWA 5-7-5 Council Member Vevera then introduced an Ordinance entitled wAN ORDINANCE ESTABLISHING AN AMORTIZATION PERIOD FOR THE PUBLIC IMPROVEMENT KNOWN AS 1980 MELROSE AVENUE SANITARY SEWER EXTENSION ASSESSMENT PROJECT, FOR WHICH DEFICIENCIES EXIST AGAINST LOTS SUBJECT TO SPECIAL ASSESSMENT" and caused the same to be read in full. Council Member Vevera moved that the requirement that ordinances be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed, be suspended and that said Ordinance be now finally passed. Council Member Neuhauser seconded the motion and after due consideration thereof by said Council, the Mayor put the question on the adoption of said motion and the roll being called, the following named Council Members voted: AYES: Vevera, Balmer, Erdahl, Neuhauser, Perret, Roberts ABSENT: Lynch NAYS: none Whereupon, the Mayor declared the motion having received the affirmative vote of not less than three-fourths of the Council Members, to be duly carried and said Ordinance to have been adopted and signed his approval thereto, said Ordinance being as follows: AHLERS. COONEY, DORWEILER. HAYNIE 6 SMITH, LAWYERS, DES MOINES, IOWA 5 -fill- Council MemberFerrer then introduced an Ordinance entitle�'ORDINAN E NO. 80-2999 AN ORDINANCE ESTABLISHING AMORTIZATION PERIOD FOR SPECIAL ASSESSMENT CONDITIONAL DEFICIENCIES ON PUBLIC IMPROVEMENT PROJECTS", and caused the same to be read in full. Council Member Perret moved that the requirement that ordinances be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed, be suspended and that said Ordinance be now finally passed. Council Member Vevera seconded the motion and after due consideration thereof by said Council, the Mayor put the question on the adoption of said motion and the roll being called, the following named Council Members voted: AYES: Erdahl, Neuhauser, Perret Roberts, Vevera, Balmer ABSENT: Lynch NAYS: nnne Whereupon, the Mayor declared the motion having received the affirmative vote of not less than three-fourths of the Council Members, to be duly carried and said Ordinance to have been adopted and signed his approval thereto, said Ordinance being as follows: -16- AHLERS, COONEY. DORWEILER. HAYNIE d SMITH. LAWYERS, DES MOINES. IOWA ORDINANCE N0. 80-2999 AN ORDINANCE ESTABLISHING AMORTIZATION PERIOD FOR SPECIAL ASSESSMENT CONDITIONAL DEFICIENCIES ON PUBLIC IMPROVEMENT PROJECTS WHEREAS, the Council of the City of Iowa City, Iowa, is required by Code Section 384.63 to establish, by ordinance, a period of amortization for public improvements for which there are special assessment conditional deficiencies, based upon the useful life of the public improvements, but not to exceed a ten year period; and WHEREAS, no ordinance is in effect of general application to conditional deficiencies and this Council has made a deter- mination of the useful life of certain public improvements: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: Section 1. That the period of amortization for con- ditional deficiency assessments on public improvement projects for opening, establishing or grading streets, the construction of portland cement concrete or asphalt concrete street improvements, storm sewers, sanitary sewers, watermains, pedestrian underpasses and overpasses, sewage pumping stations, disposal or treatment plants, drainage conduits, channels and levees, street lighting, parking facilities, and appurtenant facilities, is hereby established as ten (10) years, to be calculated commencing from the date of adoption by the Council of said City of the Resolution accepting the completed public improvements. Section 2. That the period of amortization, to be com- puted in the same manner as established in Section 1 hereof, is hereby established as seven (7) years for conditional defi- ciency assessments on sidewalks and three (3) years for the repair of street grading, street surfacing with oil, gravel, oil and gravel or chloride, or for the removal of diseased or dead trees. Section 3. That in any instance where the Council deter- mines that the useful life of a public improvement for which there are conditional deficiency assessments should be for a different time period than hereinabove established, the Council may so provide for such period by amendment hereto, prescribing the appropriate amortization period as may be applicable to these specific public improvements. -17- AHLERS. COONEY. DORWEILER, HAYNIE&SMITH. LAWYERS. DES MOINES. IOWA Section 4. That this ordinance shall take effect and be in force from and after its passage, approval and publication as required by law. PASSED AND APPROVED, this 15th day of 1980. ATTEST: Clerk Xor 2- Z July AHLERS. COONEY. DORWEILER, HAYN IE & SMITH. LAWYERS, DES MOINES. IOWA I ORDINANCE NO. 80-2998 AN ORDINANCE ESTABLISHING AN AMORTIZATION PERIOD FOR THE PUBLIC IMPROVEMENT KNOWN AS 1980 MELROSE AVENUE SANITARY SEWER EXTENSION ASSESSMENT PROJECT, FOR WHICH DEFICIENCIES EXIST AGAINST LOTS SUBJECT TO SPECIAL ASSESSMENT. WHEREAS, Chapter 384.63 of the City Code of Iowa provides that if the special assessment which may be levied against a lot benefited by a public improvement is insufficient by reason of valuation to pay its proportion of the costs of the improvement, the deficiency must be paid from the city funds whereupon the City Council shall provide that such deficien- cies shall be certified to the County Auditor and placed of record in the "special assessment deficiency book" and upon subsequent improvement of the lot to which a deficiency is assessed it shall be subjected to recapture of a pro rata por- tion of the original deficiency based on a period of amor- tization provided by ordinance of the City Council. Now therefore, be it ordained by the City Council of the City of Iowa City, Iowa, that a ten year period of amor- tization be and is hereby established with respect to any and all deficiencies for lots specially benefited by the public improvement known as 1980 Melrose Avenue Sanitary Sewer Extension Assessment Project, which shall be certified to the County Auditor and to the Building Permit Official. Passed and approved this 15th day of July 1980. ' �N'ayor ATTEST: 1 i City Clerk Published: jU]X 21 1880 Certified to County Auditor and City Building Permit Official: AHLERS, COONEY. DORWEILER. HAYN IEA SMITH. LAWYERS, DES MOINES, IOWA CERTIFICATE OF LEVY OF SPECIAL ASSESSMENTS TO BE MADE BY THE CLERK OF IOWA CITY, IOWA, AND FILED WITH THE COUNTY AUDITOR OF JOHNSON COUNTY, IOWA AND THE CITY OFFICER CHARGED WITH ISSUANCE OF BUILDING PERMITS STATE OF IOWA ) SS COUNTY OF JOHNSON ) Ir Abbie Stolfus. CMC , Clerk of the City of Iowa City, County of Johnson, State of Iowa, do hereby certify that at a meeting of the Council of Iowa City, Iowa, held on the 15th day of July , 1980, the said Council did levy special assessments for and on account of the cost of construction of the 1980 Melrose Avenue Sanitary Sewer Extension Assessment Project, under contract with Weber Bros. of Mechanicsville, Iowa, on the following streets or portions thereof, in said Municipality, to -wit: Installation of an,,8" sanitary sewer east 87.5' from an existing manhole (located south of Melrose Avenue), north 113' under Melrose Avenue, and east 344.5' That the district benefited and assessed for the cost of the improvements is described as follows: All property located within the following area shall be assessed as benefited property to pay for said Melrose Avenue Sanitary Sewer Extension Assessment Project, to -wit: All that part of the Northeast Quarter of the Northwest Quarter of Section 17, Township 79 North, Range 6 West of the 5th P.M. lying North of the City street known as Melrose Avenue, except the East 125.0 feet in width thereof, and except the Southerly 10 feet of Lots 1, 2, 3 and 4 of said subdivision located in the Northeast Quarter of the Northwest Quarter of Section 17, Township 79 North, Range 6 West of the 5th P.M. lying North of the City street known as Melrose Avenue, and except that part of Lot 5 of said subdivision (as described previously) lying between the existing northerly line of Melrose Avenue and south of a line which is 50 feet northerly and parallel with the relocated centerline of Melrose -13- AHLERS, COONEY. DORWEILER. HAYNIE & SMITH, LAWYERS, DES MOINES. IOWA Avenue described as follows: Commencing at the Northwest corner of said section 17; thence S 88052115" E, 508.00 feet; thence S 8703914511 E, 594.13 feet to the point of curvature of a 3,819.83 foot radius curve concave southerly; thence along said curve for a distance of 648.59 feet to the point of intersection with the said existing right-of-way line and the said relocated right-of-way line, thence continuing along said curve 289.19 feet to the point of tangent; thence S 73135145" E, 30.72 feet to the East line of said Lot 5. as shown on the schedule hereto attached. I further certify that the said assessments of $50.00 or more are payable in ten equal annual installments, together with interest thereon at the rate of ten percent per annum computed to December 1st following the due date of each installment. Interest commences on July 15 , 19 80 the date of acceptance of the work. The first annual installment, or the full amount of assessments less than $50.00, are due and payable on July 1st following the date of levy of these assessments as set forth above (unless this cer- tification is made within less than thirty days prior to July 1st) and is subject to the provisions of Section 384.65, City Code of Iowa, with respect to lien, delinquent dates, interest, penalties and years of payment. Special assessment deficiencies as set forth in the Schedule of Assessments are conditionally levied and are cer- tified pursuant to Code Section 384.63 and applicable ordinances. The period for amortization of special assessment deficiencies established by ordinance is ten years. Assessments may be paid in full or in part at the office of the City Clerk, within thirty days of the filing of this certificate. IN WITNESS WHEREOF, I have hereunto set my hand and offi- cial seal on the 16th day of July , 1980. (SEAL) I% City Clerk of Iow City, Iowa -14- AHLERS, COONEY. DORWEILER. HAYNIE&SMITH. LAWYERS, DES MOINES, IOWA I hereby certify that on the // day of _�, k l 1980, there was filed with me as County Auditor of ohnson County, State of Iowa, an executed Copy of the certificate of the City Clerk of Iowa City, Iowa, hereinabove set out, relating to the levy of special assessments, covering the recently completed sewer improvements in said Municipality, and a copy of the final plat and schedule of assessments and conditional deficiency assessments, referred to in the resolu- tion levying said assessments, heretofore adopted by the City Council on �,�u IS 1980. ss ounty Audit i. '�'j (SEAL) I hereby certify that on the /%fit, day of 5jII :A 1980, there was filed with me as Building Permit Official of the City of Iowa City, Iowa, an executed copy of the cer- tificate of the City Clerk of Iowa City, Iowa, hereinabove set out, relating to the levy of special assessments, covering the recently completed sewer improvements in said Municipality, and a copy of the final plat and schedule of assessments and conditional deficiency assessments, referred to in the resolu- tion levying said assessments, heretofore adopted by the City Cound'il on SJ�u !S , 1980. u' ding Per it ficial of the Ci y of Iowa City Iowa -15- AHLERS, COONEY. DORWEILER• HAYNIE & SMITH. LAWYERS, DES MOINES, IOWA AGENDA REGULAR COUNCIL MEETING JULY 15, 1980 Item No. 1 - MEETING TO ORDER. ROLL CALL. Item No. 2 - MAYOR'S PROCLAMATION. a. Babe Ruth Baseball Weekend - July 25-27, 1980. Item No. 3 - CONSIDER ADOPTION OF CONSENT CALENDAR AS PRESENTED OR AMENDED: a. Approval of Official Council Activities of the regular Council meeting of July 1, 1980, subject to correction, as recommended by the City Clerk. b. Minutes of Boards and Commissions: (1) Housing Appeals Board meeting of May 8, 1980. (2) Human Rights Commission meeting of June 23, 1980. (3) Senior Center Commission meeting of June 5, 1980. (4) Planning and Zoning Commission meeting of May 15, 1980. (5) Planning and Zoning Commission meeting of June 19, 1980. (6) Committee on Community Needs meeting of July 3, 1980. C. Permit Resolutions, as recommended by the City Clerk: (1) Consider resolution approving Class C Liquor License for Johnson County Post 2581 Veterans of Foreign Wars, 1012 Gilbert Court. (renewal) (2) Consider resolution approving dancing permit for Johnson County Post 2581 Veterans of Foreign Wars, 1012 Gilbert Court. (renewal) (3) Consider resolution approving Class C Liquor License for the Great American Saloon Co. dba Maxwell's, 121 F. College. (renewal) (4) Consider resolution approving dancing permit for The Great American Saloon Co, dba Maxwell's, 121 E. College. (renewal) S9 -S Agenda Regular Council Meeti.., July 15, 1980 7.30 P.M. Page 2 (5) Consider resolution G. Mihalopoulos dba (renewal) approving Class B Beer Permit for Bill The Best Steak House, 1. S. Dubuque. (6) Consider resolution approving Class B Sunday Sales Permit for Bill G. Mihalopoulos dba The Rest Steak House, 1 S. Dubuque. (renewal) (7) Consider resolution approving Class C Beer Permit for Voss Petroleum Co., Inc. dba Discount Dan's Shell, 933 S. Clinton. (renewal) (8) Consider resolution approving Class C Sunday Sales Permit for Voss Petroleum Co., Inc. dba Discount Dan's Shell, 933 S. Clinton. (renewal) (9) Consider resolution approving Class C Beer Permit for William B. Kron, Jr. dba Bill's I-80 DX, Rt. 2. (renewal) (10) Consider resolution approving Class C Sunday Sales for William B. Kron, Jr. dba Bill's I-80 DX, Rt. 2. (renewal) (11) Consider resolution approving Class C Liquor License for Field House, Inc. dba The Field House, 111 E. College. (renewal) (12) Consider resolution approving dancing permit for Field House, Inc. dba The Field House, 111 E. College. (renewal) (13) Consider resolution approving Class C Liquor License for James J. Tucker dba Tuck's Place, 210 N. Linn St. (renewal) (14) Consider resolution issuing cigarette permits. d. Petitions. (1) Consider petition for Suspension or Remission of Taxes on Account of Age or Infirmity for Opal Hochstetler. e. Motions. (1) Motion to approve disbursements in the amount of $2,515,620.29 for the period of May 1 through May 31, 1980, as recommended by the Finance Director, subject to Audit. (2) Consider motion authorizing the Public Works Director to sign an application for utilities right-of-way to Iowa Electric Light and Power Company for Gilbert Street and Highway #6 Bypass. S1S Agenda Regular Council Meet...., July 15, 1980 7:30 P.M. Page 3 Resolutions. (1) Consider resolution accepting the work on the modular building renovation - Division II - Heating, Ventilating and Air Conditioning work project. (2) Consider resolution accepting the pavement and storm sewer improvements (not to include storm water detention) for ACT Circle in the LSNRD for ACT Testing and Processing Facility. g. Setting Public Hearings. (1) Consider resolution setting public hearing on July 29, 1980, on plans, specifications, form of contract, and estimate of cost for the reconstruction of the Civic Center heating, air conditioning and ventilating system, directing City Clerk to publish notice of said hearing, and directing City Engineer to place said plans, etc., on file for public inspection. (2) Consider resolution setting public hearing on July 29, 1980, on a proposed amendment to the City's hold harmless entitle- ment CDBG program and budget to provide for the conversion of properties in the downtown urban renewal project area (Iowa R-14) to an underground electrical utility system, directing the City Clerk to publish notice of said hearing, and directing the Director of Planning and Program Develop- ment to place information regarding said amendment on file for public inspection. (3) Consider resolution setting public hearing on July 29, 1980, on plans, specifications, form of contract, and estimate of cost for the construction of the 1979 BDI Second Addition Improvements, directing City Engineer to place said plans, etc., on file for public inspection. (4) Consider a motion to set a public hearing on July 29, 1980, to adopt the 1979 Edition of the Uniform Building Code of the International Conference of Building Officials. (5) Consider a motion to set a public hearing on July 29, 1980, to adopt the 1979 Edition of the Uniform Mechanical Code as prepared by the International Conference of Building Of- ficials. (6) Consider a motion to set a public hearing on July 29, 1980, to adopt the 1979 Edition of the Uniform Code for the Abatement of Dangerous Buildings as prepared by the In- ternational Conference of Building Officials. SGS Agenda Regular Council Meet July 15, 1980 7:30 P.M. Page 4 (7) Consider a motion to set a public hearing on July 29, 1980, to adopt the 1979 Edition of the Uniform Plumbing Code as prepared by the International Association of Plumbing and Mechanical Officials. h. Correspondence. (1) Letter from Patrick R. Connally regarding the comprehensive plan as it relates to the neighborhood in the North Summit/Dewey Streets area. The City Manager will reply to this letter after discussion by the Council. (2) Letter from Donald A. Wine of Davis, Hockenberg, Wine, Brown and Koehn, attorneys representing Plaza Towers Associates regarding the hotel/department store project. i. Applications for the use of streets and public grounds. (1) Application by United Way to erect a "thermometer" sign in Blackhawk Minipark for their 1981 campaign. (approved) (2) Application on behalf of Jim Larew for the use of Blackhawk Minipark for a political speech and ice cream social on Monday, July 7. (approved) (3) Application by David Duer for the use of Blackhawk Minipark for the sale and promotion of small -press literary magazines and books originating in Iowa City on July 16, 17, 18. (approved) END OF CONSENT CALENDAR. Item No. 4 - PLANNING AND ZONING MATTERS. a. Public hearing to consider the vacation of Pickard Street between Friendly and Highland Avenues. 4-8003. b. Public hearing on a proposed ordinance to amend Sections 8.10.3A.8, .47 and 8.10.8.1E, and adding Sections 8.10.3A.64C and 8.10.8.4 to Appendix A to the Code of Ordinances (i.e., providing a definition of rooming house and regulating its permitted use). C. Consider a resolution approving the preliminary and final plat of Empire Addition. S-8002. d. Consider a recommendation of the Planning and Zoning Commission to approve the preliminary and final large scale residential development plan of Riverside Court Apartments. S -8004A. 6_95 Agenda Regular Council Meet._ July 15, 1980 7:30 P.M. Page 5 e. Consider a recommendation of the Planning and Zoning Commission to approve the preliminary and final large scale residential plan of Arbor Hill, Phase 2 (Part 1). S-8009. f. Consider a recommendation of the Planning and Zoning Commission to annex approximately 100 acres located south of Highway 6 East (opposite Heinz Road) in East Lucas Township. A-8001. g. Consider a recommendation of the Planning and Zoning Commission to rezone approximately 100 acres from County RS to City R1A located south of Highway 6 East (opposite Heinz Road) in East Lucas Township. Z-8001. h. Consider a recommendation of the Planning and Zoning Commission regarding the June 12, 1980 recommendations of the Melrose Corridor Committee. i. Consider an ordinance vacating an alley running east and west in Block 2 of Cook, Sargent and Downey's Addition (west of Gilbert Street and south of Kirkwood Avenue). V-80002. (second con- sideration) Item No. 5 - PUBLIC DISCUSSION. Item No. 6 - PUBLIC HEARING ON AN ANNEXATION MORATORIUM AGREEMENT BETWEEN IOWA CITY AND HILLS. Item No. 7 - PUBLIC HEARING ON THE PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND COST ESTIMATE FOR THE MERCER PARK CONCESSION/RESTROOM BUILDING. Item No. 8 - CONSIDER RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND COST ESTIMATE FOR THE MERCER PARK CONCESSION/RESTROOM BUILDING AND AUTHORIZE BIDS TO BE RECEIVED AUGUST 5, 1980 AT 10:00 A.M. Item No. 9 - PUBLIC HEARING ON ISSUANCE OF $2,570,000 GENERAL OBLIGATION BONDS. Item No. 10 - RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE ISSUANCE OF $2,570,000 GENERAL OBLIGATION BONDS. Item No. 11 - RESOLUTION DIRECTING THE ADVERTISEMENT OF SALE OF $2,570,000 GENERAL OBLIGATION BONDS. Item No. 12 - ANNOUNCEMENT OF VACANCIES. a. Resources Conservation Commission - One vacancy for an unexpired term ending January 1, 1982. (Vacancy created by the death of James Shepherd). This appointment will be made at the August 26, 1980, meeting of the City Council. Item No. 13 - CITY COUNCIL INFORMATION. %r Agenda Regular Council Meet' July 15, 1980 7:30 P.M. Page 6 Item No. 14 - REPORT ON ITEMS FROM THE CITY MANAGER AND CITY ATTORNEY. a. City Manager. b. City Attorney. Item No. 15 - RECOMMENDATIONS OF THE BOARDS AND COMMISSIONS. a. Consider recommendations of the Design Review Committee: Representatives from Hansen Lind Meyer presented preliminary design plans for the proposed College Plaza Hotel and Shopping Mall at the meeting of July 9. After discussion, the Design Review Committee made the following recommendation to the City Council: The Design Review Committee recommends general approval of the preliminary design plans as submitted, with the following stip- ulations and conditions: 1. That further attention should be given to the exterior building design details. Specifically, more attention should be given to the integration of the design of the northwest corner of the proposed building with City Plaza. 2. The Committee favors brick as the exterior surface material for the proposed building. Final plans for the exterior of the building, in terms of both texture and color of surface materials, glass, and casings, are subject to the approval of the Committee and the City Council prior to installation. 3. That screening of the roof -top mechanical equipment he required and that final plans for the screening are subject to the approval of the Committee and the City Council prior to installation. 4. That all signage is subject to approval by the Committee and the City Council prior to installation. 5. That exterior lighting is subject to approval by the Com- mittee and the City Council prior to installation. Item No. 16 - CONSIDER RESOLUTION RESCINDING THE DESIGNATION OF COLLEGE PLAZA DEVELOPMENT COMPANY AND HIGH COUNTRY CORPORATION (A JOINT VENTURE) AS THE PREFERRED DEVELOPER FOR URBAN RENEWAL PARCEL NO. 64-1 IN DOWNTOWN IOWA CITY. Item No. 17 - CONSIDER RESOLUTION DESIGNATING PLAZA TOWERS ASSOCIATES AS THE PREFERRED DEVELOPER FOR URBAN RENEWAL PARCEL NO. 64-1 IN DOWNTOWN IOWA CITY. .5P5s Agenda Regular Council Meeti July 15, 1980 7:30 P.M. Page 7 Item No. 18 - CONSIDER RESOLUTION APPROVING THE PRELIMINARY DESIGN PLANS FOR PRIVATE 59.E REDEVELOPMENT ON URBAN RENEWAL PARCEL 64-1. Item No. 19 - CONSIDER RESOLUTION ACCEPTING THE 1980 MELROSE AVENUE SANITARY SEWER EXTENSION ASSESSMENT PROJECT. Item No. 20 - CONSIDER RESOLUTION ORDERING PREPARATION OF FINAL PLAT AND SCHEDULE OF ASSESSMENTS FOR THE 1980 MELROSE AVENUE SANITARY SEWER EXTENSION ASSESSMENT PROJECT. Item No. 21 - CONSIDER RESOLUTION ADOPTING AND LEVYING FINAL SCHEDULE OF ASSESSMENTS FOR THE 1980 MELROSE AVENUE SANITARY SEWER EXTENSION ASSESSMENT PROJECT. Item No. 22 - CONSIDER AN ORDINANCE ESTABLISHING AN AMORTIZATION PERIOD FOR THE PUBLIC IMPROVEMENT KNOWN AS 1980 MELROSE AVENUE SANITARY SEWER EXTEN- SION ASSESSMENT PROJECT, FOR WHICH DEFICIENCIES EXIST AGAINST LOTS SUBJECT TO SPECIAL ASSESSMENT. (first consideration) Item No. 23 - CONSIDER AN ORDINANCE ESTABLSIHING AMORTIZATION PERIOD FOR SPECIAL ASSESSMENT CONDITIONAL DEFICIENCIES ON PUBLIC IMPROVEMENT PROJECTS. (first consideration) Item No. 24 - CONSIDER RESOLUTION AUTHORIZING THE MAYOR TO SIGN AN AGREEMENT BETWEEN THE CITY TO THE IOWA DEPARTMENT OF TRANSPORTATION AND WILLIAM M. GIBBONS, TRUSTEE OF THE PROPERTY OF THE CRI&P RR FOR THE RECONSTRUC- TION OF THE RAILROAD CROSSING AT HIGHWAY #6. Item No. 25 - CONSIDER RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST CONTRACT FOR THE FY81 ASPHALT RESURFACING PROJECT (INCLUSIVE OF DIVISION I & II) TO L. L. PELLING CO., INC. OF IOWA CITY, IOWA. Item No. 26 - CONSIDER RESOLUTION ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH NOTICE TO BIDDERS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS FOR THE CONSTRUCTION OF THE 1979 BDI SECOND ADDITION IMPROVEMENTS. Item No. 27 - CONSIDER A RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT FOR COMMITMENI TO THE REORGANILATION AND ESTABLISHMENT OF THE JOHNSON COUNTY COUNCIL OF GOVERNMENTS AND THE FINANCIAL SUPPORT THEREOF. Item No. 28 - CONSIDER A RESOLUTION ESTABLISHING A FEE FOR CERTAIN SERVICES PER- FORMED BY THE IOWA CITY POLICE DEPARTMENT AND THE IOWA CITY ANIMAL SHELTER, AND REPEALING THOSE RESOLUTIONS INCONSISTENT WITH THE ESTAB- LISHED FEES. Item No. 29 - CONSIDER RESOLUTION RESERVING A DESIGNATED PARKING SPACE FOR JOHNSON COUNTY AMBULANCE SERVICE. 59.E Agenda Regular Council Meet July 15, 1980 7:30 P.M. Page 8 Item No. 30 - RESOLUTION AMENDING THE NUMBER OF AUTHORIZED FULL-TIME PERMANENT POSITIONS IN THE PARKING SYSTEMS. Item No. 31 - ADJOURNMENT. 59s RESOLUTION NO. 80-295 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CLERK TO ATTEST AN AGREEMENT WITH THE IOWA DEPARTMENT OF TRANS- PORTATION TO REPAIR SURFACE GRADE RAILROAD CROSSING AT HIGHWAY 6 BY-PASS IN IOWA CITY, IOWA. WHEREAS, it is in the best interests of the City of Iowa City to assure that public ways are maintained in good repair; and WHEREAS, the State of Iowa and the City of Iowa City have agreed upon the necessity to repair the surface of the highway -railway grade crossing at U.S. Highway No. 6 By -Pass at Mile Post 0.63 in Iowa City, Iowa; and WHEREAS, State funds are available for two -third (2/3) contribution to said repair, and the City has agreed to assume the remaining one-third (1/3) cost for repair. NOW THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is hereby authorized to execute and the City Clerk is authorized to attest an Agreement between the State Department of Trans- portation and the City, which Agreement includes an Addendum and Extra Work Order setting forth specific responsibilities and obligations between and among the Parties. It was moved by Perret and seconded Vevera that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS X X X X X X ABSENT: Balmer Erdahl X Lynch Neuhauser Perret Roberts Vevera Passed and approved this 15th day of July , 19 80 . ATTEST: a&;, � ✓ City Clerk C �f Mayor ['ecoivec' P Approved By The legal Departrmn 7 /i d AGhEEMENT r X 3�qB THIS AGREEMENT, made and entered into by and between the following highway authority or governmental agency having primary jurisdiction over the subject highway, street, or alley. Board of Supervisors of County (hereinafter referred to as County) City Council of (hereinafter referred to as City) OX State of Iowa, acting by and through the Highway Division, Iowa Department of Transportation (hereinafter referred to as State) and William M. Gibbons, Trustee.of the Property of the Chicago, Rock Island and Pacific Railroad Company, Debtor, as Trustee and not as an individual, with principal offices located at 332 South Michigan Avenue, Chicago, Illinois, hereinafter called the Trustee. WITNESSETH; that WHEREAS the State (governmental agency) and the Trustee have agreed upon the necessity to repair the surface of a highway -railway at grade crossing located (4 nk VIA:kc Q 0. (o 3 ,Z.,.. 'saw a tzk (General Description) a in the county of Tohnxoy , Iowa, also referred to as crossing In -407- 30q_ F ; and (AAR-DOT Number) WHEREAS, THE State (governmental agency) and the Trustee have agreed that each will contribute one-third (1/3) of the total cost to repair the surface of said crossing; and WHEREAS, House File 1480, adopted by the 66th General Assembly, Second Session, created a State Grade Crossing Surface Repair Fund hereinafter called the Fund; and WHEREAS, monies from said Fund are to be administered by the Office of Development Support, Highway Division, Iowa Department of Transportation, hereinafter called the Office; and WHEREAS, the Fund shall be used to participate in the cost of crossing surface repair in an amount not to exceed one-third (1/3) of - the total actual and necessary cost of said surface repair for those crossings covered by agreement between the State (governmental agency) and the Trustee and approved by the Office. NOW, THEREFORE, in consideration of these premises and the mutually dependent covenants herein contained, the parties hereto agree as follows: SECTION I. The Trustee, subsequent to authorization by the State (governmental agency) to proceed, using his own forces, will proceed with said surface repair, and will complete said repair as soon as possible, but in no event later than sy7 n hs after said authorizat____ to proceed as authorized by the State (governmental agency). An itemized statement of, the estimated cost of the work to be performed by the Trustee, is shown in r:xhibit "A" attached hereto and hereby made a part hereof. The Trustoc will notify the State (governmental agency) Engineer prior to the start of its work, or anv part or phase thereof and will provide the State (governmental agency) ample opportunity to document the materials and labor required for the work covered hereunder. SECTION II. The Trustee and the State (govern- mental agency) will coordinate the work to be performed hereunder so as to provide adequate warning and safety for the public using said crossing. SECTION III. The Trustee will keep an accurate and detailed account of the actual and necessary expenses he incurs in the performance of his work hereunder -as represented by the items shown in said Exhibit "A". Upon completion of the work by the Trustee, the Trustee will transmit a detailed statement, in no less than five (5) counterparts to the State (governmental agency). SECTION IV. Upon receipt of said billing, the State (governmental agency) will review same for reasonable conformance with the agreement. If the billing is approved, the State (governmental agency) shall transmit the billing tq the Office along with certification of project completion (Form 640003), acceptance thereof and recommendation for payment of said billing. Bills shall conform to Federal -Aid Highway Program Mat)uai 1-4-3 SECTION V. The Office, upon receipt of said billing shall review, audit if necessary, and determine the approved final reimbursable amount. Upon determination of said final reimbursable amount the Office shall notify the State (governmental agency) of said amount whereupon the State (governmental agency) and the Office shall each process payment to the Trustee in an amount equal to one --third (1/3) of the total approved reimbursable amount. SECTION VI. This agreement may be or more counterparts, each of which so deemed to be an original'and all shall original. S.t.e, A�2d1e....8.,..,.., A-4ea� Recommended for Approval by: Authorizing Agent for Trustee executed and delivered in two executed and delivered shall be constitute but one and the same Executed by the Iowa`Dcpartment_ of Transportation this ar4tate ) )n/ l.pprovet. a Lit epa.-meet �-z,-�J STATE OF IOWA IOWA DEPARTMENT (Date) /�_ %fid // (Date) OF TRANSPORTATION day of , 1.98(L By_�6'/1-r Railroad Division p o lQ I :hs after said authorizal i to proceed as authorized by the State (governmental agency). An itemized statement of, the estimated cost of the work to be performed by the Trustee, is shown in Exhibit "A" attached hereto and hereby made a part hereof. The Trustee will notify the State (governmental agency) Engineer prior to the start of its work, or anv part or phase thereof and will provide the State (governmental agency) ample opportunity to document the materials and labor required for the work covered hereunder. SECTION II. The Trustee and the State (govern- mental agency) will coordinate the work to be performed hereunder so as to provide adequate warning and safety for the public using said crossing. SECTION III. The Trustee will keep an accurate and detailed account of the actual and necessary expenses he incurs in the performance of his work hereunder -as represented by the items shown in said Exhibit "A". Upon completion of the work by the Trustee, the Trustee will transmit a detailed statement, in no less than five (5) counterparts to the State (governmental agency). SECTION IV. Upon receipt of said billing, the State (governmental agency) will review same for reasonable conformance with the agreement. If the billing is approved, the ' State (governmental agency) shall transmit the billing tq the Office along with certification of project completion (Form 640003), acceptance thereof and recommendation for payment of said billing. Bills shall conform to Federal -Aid Highway Program Maiivai 1-4-3 SECTION V. The Office, upon receipt of said billing shall review, audit' if necessary, and determine the approved final reimbursable amount. Upon determination of said final reimbursable amount the Office shall notify the State (governmental agency) of said amount whereupon the State (governmental agency) and the Office shall each process payment to the Trustee in an amount equal to one-third (1/3) of the total approved reimbursable amount. SECTIO14 VI. This agreement may be executed and delivered in two or more counterparts, each of which so executed and delivered shall be deemed to be an original and all shall constitute but one and the same original. R9comSmh-).)dyd ,Approval EtcQtiIO� .W ft^� �J�C4�. by: ' IIJI i `I N -L- Vi pec bor Sicy6f OLIO rd l /ki &)Y) L6) Aut,p rizing Agent for Trustee' ���— X ate) S so Authorizing Agent for State (Date) Executed by the Iowa Department of Transportation this ,a—day of_ L� , 199.0 STATE OF IOWA IOWA DEPARTMENT OF TRANSPORTATION By Railroad Division Sqi Fnrtn; P290" •� -,tantiai b-75 : P f :V-1% . Contract IOWA DEPARTMENT OF TRANSPORTATION CHANGE OR EXTRA WORK ORDER Croup No. 9 - Blanket Only one group can be covered by one work order Rind of Work South Gilbert St. Project Johnson Project_UST-M-4/051(1)--8U-52 Date Prepared On",- zU -6V To Metro Pavers, Inc. Contractor: You are hereby ordered to make the following changes from the plans or do the following extra work on your contract dated December 19, 1979 A -Description of change to be made or extra work to be done: (8009) Install 78 feet of Rubberized Railroad crossing at Highway #6 & Hill Branch of Rock Island Railroad. (Complete) To include new ties, rail, spikes, etc. (Complete) To include 4 inch PVC. under drain tied to existing storm sewer with 2.5 feet of 3 inch stone and 6 inches of 3/4 inch choke stone. All work to be complete. Lump Sum Price. R -Reason for ordering change or extra work: (8009) Rock Island Railroad is in process of liquidation and is no longer able to perform force account work, therefore giving the City permission to do the work with its own contractor. Funding: 1/3 Road Use Funds 1/3 Railroad Crossing Funds 1/3 City as per telephone conversation with Jim Loy 6-16-80. (Continued on reverse side) Approved 19_ !� - -!mss 6-zy , 19 8o Dist. Engr. Res. Engr. Receipt is acknowledged of this change or extra work order and teens of settlement are hereby agreed to Approved contingent upon funds being available under _ Metro Pavare , Tnf the existing project agreement or upon additional Federal. Contractor aid funds being made available by a modified project r a/ /� r Z 19— agreement. �_. �� �- �_ t/ c` Date For the Division Eng;neer Federal 1bghway Administration Approved 19_ Construction Engineer DISTRIBUTION: L White Copy -Iowa Department of Transportation Main Office, 2. Canary Copy -Federal Highwav Administration, 3. Pink Copy -Resident Engineer, 4. Creep ypv-Conth�ior 5. Blue Copy trice of Contnic[ion or Maintenance, 6. Buff Copy -District Engineer. 1'���PP'' Di p G V,e' 4od ESTIMATED, OVER—RUN OR UNC` -RUN INb'OL'✓ O'FOR CONTRA" CHANGE/WORK ORDER NO C — Settlement for cost of work to be made as follows: (8009) An agreed Lump Sum price (complete) of $52,185.30 D—ITEMS INCLUDED IN CONTRACT 7-1n ' L�.1_a j_J GRP. - IJ 1 2 3 4 5 6 ITEM ITEM FUNCTION UNIT PRICE QUANTITY . AMOUNT NO. DESCRIPTION CODE .XXX .XXX ,XX APPLIES TO ITEM I I 1 I I 7 ties, rails, etc..,and 3 foot•rock ba e $52 185.300 1.000 $52,185.30 APPI,IES TO ITEM l l I I I 7 - 6 APPLIES TO ITEM I I I I I 7 APPLIES TO ITEM 7 I ' ni 17U JUN , B APPLIES TO' ITEM 7 f vii 2 0 •Z APPLIES TO ITEM I I I 11 TOTAL 7 APPLIES TO ITEM I I I I I 7 r_irrnnc ninr Hari nnrn IM rnMry nrr TOTAL 7tn ITEM ITEM FUNCTION UNIT PRICE QUANTITY AMOUNT NO. DESCRIPTION CODE .XXX .XXX .XX Install rubberized crossing with new 81010, ties, rails, etc..,and 3 foot•rock ba e $52 185.300 1.000 $52,185.30 and sub drain comp ete ump sum B - 6 61 I I I ' ni 17U JUN , B B f vii 2 0 •Z $52 ,185.30 TOTAL h LJ State of Iowa FRA#607-309-F ADDENDUM TO AGREE14ENT U.S. 6 Iowa City, Iowa State Crossing No. 3498 The City of Iowa City, Iowa, hereby agrees with William M. Gibbons, Trustee of the Property of the Chicago, Rock Island and Pacific Railroad Company, Debtor, that it does hereby assume the responsibilities of the Trustee under the Grade Crossing Surface Repair Fund Agreement attached hereto between the State of Iowa for the at -grade crossing surface reconstruction of U. S. High- way No. 6 in Iowa City, Iowa. The City and the Trustee agree the crossing will be reconstructed without any cost to the Trustee to the satisfaction of the State and all State audits and State payments at the completion of construction will be made with and to the Ci ty. It is further agreed that the City does not assume any responsibility of maintaining State Crossing No. 3498 upon completion of the construction. Authorized Agent for Trustee -A horized gent fo City ATTEST: City Clerk' to O to ri ribu The Cal;..i L": -;MIA 601 ADDENDUM TO AGREEMENT State of Iowa U.S. 6 Iowa City, Iowa FRA #607-309-F State Crossing No. 3498 The City -of Iowa City, Iowa, hereby agrees with William M. Gibbons, Trustee of the Property of the Chicago, Rock Island and Pacific Railroad Company, Debtor, that it does hereby assume the responsibilities of the Trustee under the Grade Crossing Surface Repair Fund Agreement, attached hereto, between the Trustee and the State of Iowa for the at -grade crossing surface reconstruction of U. S. Highway No. 6 in Iowa City, Iowa. The City and the Trustee agree the crossing will be reconstructed without any cost to the Trustee to the satisfaction of the State and all State audits and State payments at the completion of construction will be made with and to the City. It is further agreed the City does not assume any responsibility of maintaining State Crossing #3498 upon completion of the construction. AFS COO:�L` ���a O Da e Authorized Agent for City Date 601 RESOLUTION NO. 80-296 _ RESOLUTION AWARDING CONTRACT AND AUTHORI21n" MAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT FOR THE CONSTRUCTION OF THE FY81 ASPHALT RESURFACING PROJECT (INCLUSIVE OF DIVIS MIT= I) WHEREAS, L. L. Pellinq Co., Inc. of Iowa City, Iowa, has submitted the best bid for the construction of the above-named project. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the contract for the construction of the above-named project is hereby awarded to L. L. Pellinq Co.. Inc. of Iowa Citv. Iowa. for $236.377.75 , ..J.a 6 6W 611c % awardee secure adequate performance bond and insurance certificates. 2. That the Mayor is hereby authorized to sign and the City Clerk to attest the contract for the construction of the above-named project, subject to the condition that awardee secure adequate performance bond and insurance certificates. It was moved by Neuhauser and seconded by Perret that the Resolution as read be adopted, and upon roll call there ware: AYES: NAYS: ABSENT: x Balmer x Erdahl x Lynch x Neuhauser x Perret x Roberts x Vevera Passed and approved thin 15th day of July , 19 80 MAYOR ATTEST: i2�/GK-C' , c � CITY CLERK A Received A Approved By The les I Department T� iaz rnMTR4rT THIS AGREEMENT, made and entered into this 16 day of 1U = / , 1980, by and between the City of Iowa City, Iowa party of the first part, hereinafter referred to as the "Owner" and L. L. P A n el G. party of the second part, hereinafter referred to as the "Contractor". MANGY IMONE That whereas the Owner has heretofore caused to be prepared certain plans, specifications and proposal blanks, dated the 29th day of May , . 19 80, for The FY81 Asphalt Resurfacing Project under the terms and conditions therein fully stated and set forth, and Whereas, said plans, specifications and proposal accurately, and fully describe the terms and conditions upon which the Contractor is willing to perform the work specified: NOW, THEREFORE, IT IS AGREED: 1. That the Owner hereby accepts the attached proposal of the Contractor for the work and for the sums listed therein. 2. That this Contract consists of the following component parts which are made a part of this agreement and Contract as fully and absolutely as if they were set out in detail in this Contract: a. Addenda Numbers NO -"e b. "Standard Specifications for Highway and Bridge Construction", Series of 1977, Iowa Department of Transportation, Highway Division, plus current special provisions and supplemental specifications. c. Plans d. Notice of Public Hearing and Advertisement for Bids. CF -1 40-.3 e. Sp( 1 Provisions f. Proposal g. This Instrument The above components are complementary and what is called for by one shall be as binding as if called for by all. 3. That payments are to be made to the Contractor in accordance with C, and subject to the provisions embodied in the documents made a part of this Contract. 4. That this Contract is executed in 3 copies. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals the date first written above. d CCoontr ar Seal l\1\ Title) 4 Mayor (Title ATTEST: ATTEST: (Title) - City Clerk (Title) Company Offi to CF -2 6 Ul NOTE TO BIDDERS: FORM OF PROPOSAL THE FY81 ASPHALT RESURFACING PROJECT CITY OF IOWA CITY PLEASE DO NOT USE THE FORM OF PROPOSAL INCLUDED IN THE BOUND VOLUME OF THE`SPECIFICATIONS. SEPARATE COPIES OF THIS PROPOSAL WILL BE FURNISHED TO BIDDERS UPON APPLICATION-T�D THE ENGINEER. . Name of Bidder Address of Bidder TO: City Clerk City of Iowa City Iowa City, Iowa 52240 Th ee� undersigned bidder submits herewith bid security in the amount of $ \v"% in accordance with the terms set forth in the "Standard Specifications", Article 1102.12. The undersigned bidder, having examined and determined the scope of the Contract'Documents, hereby proposes to provide the required labor, services, materials and equipment and to perform the work as described in the Contract Documents, including Addenda , - , and and do all work at the priceser�i eTna e set out. We further propose to do all "Extra Work" which may be required to complete the work contemplated, at unit prices or lump sums to be agreed upon in writing prior to starting such work, or if such prices or sums cannot be agreed upon to perform such work on a force account basis, as provided in the "Standard Specifications". ITEM DESCRIPTION Division I ESTIMATED UNIT UANTITY 1. Surface course, type A (3/8" mix) Tons 2075 2. Leveling course type A (3/8" mix) Tons 3700 3. Tack Coat Gals. 3740 4. Asphalt removal Sq. Yds. 900 5. Manhole adjustment Each 24 6. Catch basin -adjustment Each 7 Subtotal - Division I Division II 1. Surface course type A (3/4" mix) Tons 58 2. Leveling course type A (3/4" mix) Tons 115 3. Tack Coat Gals. 100 Subtotal - Division II Total - Divisions I 8 II P-1 UNIT EXTENDED PRICE AMOUNT $ 4L�y $ Z -1I So $ $ $ l L C, u.- $ ZT �s ��S The undersigned bidder certifies that this proposal is made in good faith, without collusion or connection with any other person or persons bidding on the work. The undersigned bidder states that this proposal is made in conformity with the Contract Documents and agrees that, in the event of any discrepancies or differences between any conditions of his proposal and the Contract Documents prepared by the City of Iowa City, the provisions of the latter shall prevail. FIRM: iVl\�, / 1C By: (Seal - -if bid is by a corporation PARTNERSHIPS: FURNISH FULL NAME OF ALL PARTNERS G ob F`'FORMANCE AND PAYMENT BONI KNOW ALL MEN BY THESE PRESENTS THAT IPANY INC., Iowa City, Iowa name und addre8a or ZegaZ tit -leo a Principal, hereinafter called the Contractor and UNITED FIRE & CASUALTY PANY, Cedar Rapids, Iowa insert the ZegaZ titZe of the as Surety, hereinafter called the Surety, are held and firmly bound onto the City of Iowa City, Iowa, as obligee, hereinafter called. the Owner, in the amount of TWO HUNDRED THIRTY SIX THOUSAND, THREE HUNDRED SEVENTY SEVEN AND 75/100 Dollars ($ 236,377.75) 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 �TL1�y 6 19 80, entered into a Contract with Owner for — FY81 Asphalt Resurfacing Project, Iowa City, Iowa In accordance with plans and specifications prepared by the City of Iowa City, which Contract is by reference made a part hereof, and is hereinafter referred fo 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 obligations thereunder, the Surety may promptly remedy the default, or -shall promptly: PR -1 6P6/ --I IRU n ui iu Lci uU 011u condi tic U. 2. Obtain a bid or bids for submission to Owner for completing the Contract in accordance with its terms and conditions, and upon determination by Owner and Surety of the lowest responsible bidder, arrange for a contract between such bidder and Owner, and make available as work progresses (even though there should be.a default or a succession of defaults under the Contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the Contract Price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the Contract Price", as used in this paragraph, shall mean the total amount payable by Owner to Contractor under the Contract and any amendments thereto, less the amount properly paid by Owner to Contractor. C. The'Contractor and his Surety shall, in accordance with the provisions of Section 384 of the Code of Iowa be obligated to keep the improvements covered by this bond in good repair for a period of one (1) years from the date of acceptance of the improvements by the Owner. D. No right of action shall accrue to or for the use of any person or corporation other than the Owner named herein or the heirs, executors, administrators or successors of Owner. n, n 6d 11 1.) A rUK111tK LunulllUN OF THIS OBLIGATION that the principal and Surety shall, in actor( e -with provisions of ChaptE. -1 of the Code of Iowa, pay to all persons, firms or corporations having contracts directly with the principal or with subcontractors all just claims due them for labor performed or materials furnished in the performance of the contract on account of which this bond is given The provisions of Chapter 573, Code of Iowa, are a part of this bond to the same extent as if they were expressly set out herein. SIGNED AND SEALED THIS %6 DAY OF fu I,, A.D., 19_BD_. IN THE PRESENCE OF: W tness Witness 9 L. L. PELLING COMPANY, INC. Z4.rinc I) By S to UNITED FIRE & CASUALTY COMPANY Surety) By Title At ey-in-Fact and Iowa Resident Agent &v7. T r 'ED FIRE & CASUALTY COMP) 'nOME OFFICE — CEDAR RAPIDS, IOW CERTIFIED COPY OF POWER OF ATTORNEY Un (Original on file at Home Office of Company — See Certification) KNOW ALL MEN BY THESE PRESENTS, That the UNITED FIRE & CASUALTY COMPANY,a corporation duly organized and existing under the laws of the State of Iowa, and having its principal office in Cedar Rapids, State of Iowa, does make, con- stitute and appoint Patricia R. Zahn, or L. Pieratt, Jr., or David F. Freiermuth, or Theresa Juhl, or Veronica Monaghan, or Lowell Zapf, or Samuel M. Beatty, All Individually of Waterloo, Iowa its true and lawful Attorneys) -in -Fact with power and authority hereby conferred to sign, seal and execute in its behalf all law- ful bonds, undertakings and other obligatory instruments of similar nature as follows: -- Any and all bonds -- and to bind UNITED FIRE & CASUALTY COMPANY thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of UNITED FIRE & CASUALTY COMPANY and all the acts of said Attorney, pursuant to the authority hereby given are hereby ratified and confirmed. The Authority hereby granted shall expire January 30, 1982 unless sooner revoked. This power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the Board of Directors of the Company on April 18, 1973. "Article V — Surety Bonds and Undertakings." Section 2, Appointment of Attorney -in -Fact. "The President or any Vice President, or any other officer of the Company, may, from time to time, appoint by written certificates attorneyadn-fact to art in behalf of the Company in the execution of Policies of insurance, bonds, undertaking. and other obligatory instruments of like nature. The signature of any officer autho- rized hereby, and the Corporate seal, may be affixed by facsimile to any power of attorney or special power of ettnrneyoreer. tification of either authorized hereby; such signature and seal, when sn used, being adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed. Such attorney. -in -fact, subject to the limitations set forth In their respective certificates of authority shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto. The President or any Vice President, the Board of Directors or any other officer of the Com- pany may at any time revoke all power and authority Previously given to any attorney-in-fact. IN WITNESS WHEREOF, the UNITED FIRE & CASUALTY COMPANY has caused these presents s vice president and its corporate seal to be hereto affixed this 30th Please insert the date at the bottom of the Power of Attorney, the some try A.D. 1980 date used on the Contact and Bond. UNITED pFIRE n& CASUALTY COMPANY �n(1 By State of Iowa, County of Linn, ss: ice President On this 30th day of January 1980 , before me personally came Richard J. Ehlinger to me known, who being by me duly sworn, did depose and say: that he resides in Cedar Rapids, State of Iowa; that he is a Vice President of the UNITED FIRE & CASUALTY COMPANY, the corporation described in and which executed the above instru. ment; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. •� • ROGER G. HECKROTH . MY COMMISSION EXPIRES r September 30, 1980 CERTIFICATION Notary Public My commission expires September 30, 19 8 0 I, the undersigned officer of the UNITED FIRE & CASUALTY COMPANY , do hereby certify that I have compared the fore- going copy of the Power of Attorney and affidavit, and the copy of the Section of the By -Laws of said Company as set forth in said Power of Attorney, with the ORIGINALS ON FILE IN THE HOME OFFICE OF SAID COMPANY, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect. ` "I", cmuj�T,,,' In testimony whereof I have hereunto subscribed my name and affixed the corporate seal of the said o%oeraeari °;= Company this day of TK �� 19,90 �\ SEAL UND 2f18B Secretary �/O COPY FOR THE RTIFICATE OF INSURANCE Wausau Insurance Companies This is to certify that the insurance policies (described below by a policy number) written on forms in use by the company have been issued. This certificate is not a policy or a binder of insurance and does not in any way alter, amend or extend the coverage afforded by any policy referred to herein. Name and address of Insured L.Lt PEELING COMPANY, R.R. 05♦ SCOTT BLVD. IOWA CITY, IA 52240 L INC. Representative No.: Place: Date Issued: Region: J 1470 KANSAS CITY, MD 64141 6 24 80 CR—DES,KC Kind o(Covarag0 t Expiration Date Policy Number v Unless otherwise indicated, this policy affords full coverage under the Workers' Compensation lows of all states (except states where coverage can be provided only by Stole Funds, and Canada) and as designated in the policy and endorsements for Coverage B — Employers' Liability. Workers' Compensation • 1 6 1 81 ,s �� 0711 00 43681 0 Limits of Liability Bodily InjuryProparty Damage Comprehensive General Liability S ♦ Each Occurrence s 500, 000 Aggregato E i00/ Each Occurrence S 100,000 Aggregate Products -Completed Operations: MIncluded E]Excludod Single Limit S Each Occurrence Contractual - All Written Contracts: n Included ❑ Not Covered S Aggregate Owners', Landlords $ Each Occurrence $ Each Occurrence and Tenants' Liability $ Aggregate Contractual Liability —$ Each Occurrence S Each Occurrence Designated Contracts Only S Aggregate Single limit E Each Occurrence $ Aggregate Automobile Liability S Per Person [XAll Owned Autos IX Hired and Nonowned Auras S Per Accident s Per Accident []Specified Autos Only Single limit f PIJUPUVU Per Accident UmbrellaS Liability 6 1 81 0721 03 043681 ♦ ♦ Each Occurrence s 2,500♦000 Aggregate Products- Completed Operations $ Retention Special Provisions/Locations/Specified Auto - may tThe entry of a number in this column means that the coverage is afforded by the company designated by the same number. Issued to: Issued by (1.) EMPLOYERS INSURANCE OF WAUSAU A Mutual Company CITY OF IOWA CITY, IA (2.) ILLINOIS EMPLOYERS INSURANCE OF WAUSAU (3.) WAUSAU UNDERWRITERS INSURANCE COMPANY CITY HALL (4.) WORLDWIDE UNDERWRITERS INSURANCE COMPANY IOWA CITY, IA 52240 9.79 9etD. N 0..A. Signed Authorized Company Representative (V/40(!) lJlb RESOLUTION NO. 80-297 RESOLUTION ESTABLISHING M40UNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH NOTICE TO BIDDERS, AND FIX- ING TIME AND PLACE FOR RECEIPT OF BIDS FOR THE CONSTRUCTION OF THE 1979 BDI SECOND ADDITION IMPROVEMENTS NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the amount of bid security to accompany each bid for the construction of the above-named project shall be in the amount of 5% of the bid payable to Treasurer, City of Iowa City, Iowa. 2. That the City Clerk is hereby authorized and directed to publish notice for the receipt of bids for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the city not less than four (4) nor more than twenty (20) days before the date established for the receipt of bids. 3. That bids for the construction of the above-named project are to be received by the City of Iowa City, Iowa, at the Office of the City Clerk, at the Civic Center, until 10:00 A.M. on the _ 31st day of July , 1980. Thereafter, the bids will be opened by the City Engineer or his designee , and thereupon referred to the Council of the City of Iowa City, Iowa, for action upon said bids at its next meeting to be held at the Council Chambers, Civic Center, Iowa City, Iowa, at 7:30 P.M. on the 12th day of August , 1980. k1l Page 2 Resolution No. 80_297 It was moved by Vevera and seconded by Perret that the Resolution as rea e a opt- , and upon roll ca t ere were: AYES: NAYS: ABSENT: x Balmer x Erdahl x Lynch x Neuhauser x Perret Roberts x Vevera x Passed and approved this 15th day of July 1980• YO<4'� ATTEST: �,; CITY CLERK Received & App,eved By The L gal Departmnit jlO RESOLUTION NO. 80-298 A RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT FOR COMMITMENT TO THE REORGANIZATION AND ESTABLISHMENT OF THE JOHNSON COUNTY COUNCIL OF GOVERNMENTS AND THE FINANCIAL SUPPORT THEREOF. WHEREAS, the reorganization of the Johnson County Regional Planning Commission is deemed essential in view of the financial limitations in support of a regional planning agency, and WHEREAS, a regional planning agency is considered essential to providing services and support in the furtherance of Iowa City's goals and objectives, and WHEREAS, the Johnson County Council of Governments is being established as a regional planning agency to provide an efficient level of services and support to the City of Iowa City, NOW, THEREFORE, BE IT RESOLVED by the City Council of Iowa City, Iowa that the Mayor and City Clerk be authorized to execute and the City Clerk to attest this agreement. It was moved by Perret and seconded by Vevera 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 15th day of July 1980. p M YOR ATTEST: �'Gc � CITY CLERK G Jr U S. f A 4/3 AGREEMENT WHEREAS, the City of Iowa City has expressed an interest in the establishment of a regional planning commission hereinafter referred to as the Johnson County Council of Governments, and WHEREAS, the City of Iowa City has indicated a willingness to provide financial support for the Johnson County Council of Governments in the provision of essential services and support to the City of Iowa City, and WHEREAS, a formal commitment to the establishment of the Johnson County Council of Governments and the financial support thereof is essential in proceeding on an orderly basis to the ultimate establishment of the Johnson County Council of Governments and an allocation of funding thereof. IT IS THEREFORE AGREED by the City of Iowa City to: 1. Support the formation and establishment of the Johnson County Council of Governments, and 2. Commit an allocation of funds in the amount of $50,759 on or before October 1, 1980, which funds in part will provide the necessary support for financing the Johnson County Council of Governments for the first fiscal year after its establishment. �y —4—YO ATTEST: C Y CLERK 1� r•l :6iV&d & ►+✓ +h%" PARC: n� �.�'.. r, K.. n} 61'; City of lows C y MEMORANDUM Date: July 11, 1980 To: City Counci From: Don Schmeiser-, cting Director, Department of Planning and Program Development Re: JCCOG Program Costs and Commitment of Funds Attached hereto is a proposed resolution authorizing the execution of an agreement for a commitment to the establishment of a regional (area) planning agency, referred to as the Johnson County Council of Governments (JCCOG), and the financial support thereof. All agencies which have indicated an interest in financially supporting the new agency are being asked by the Committee on Reorganization to execute such an agreement so the formulation of the agency can continue on an orderly basis. The City's appropriation for the support of transportation and human services planning would be $50,759. This figure is derived by deducting $12,823 in amounts presently budgeted for administrative and personnel costs for FY81 from projected program costs for Iowa City of $63,582. A detailed explanation of these costs is as follows. Several weeks.ago the City Council had received a tabulation of the costs for Iowa City to support a transportation and human services planning program. A copy of the tabulation, which illustrates total expenditures of $63,589 for Iowa City, is attached (the amount has been altered slightly due to salary adjustments). From this amount is deducted $8,040 in personnel and administrative costs presently budgeted for FY81 in the PPD Department budget. An amount of $6,675 is also deducted which reflects half of the salary for a draftsperson that was also budgeted for FY81. This is a vacant position within the Department. It is assumed that the draftsperson for the JCRPC would fill this vacancy and be funded in part by Johnson County in support of land use planning and community assistance. Finally, $1,892 was added which reflects an increase in salaries according to the new confidential salary pay plan and the difference in the amount budgeted for a draftsperson and the present salary of the draftsperson for the JCRPC as follows: (o1S Position PPD Director *Secretary II *Sr. Clerk Typist (Minute Taker) Technical Assistant (Graphics) **Technical Assist. (Draftsperson) Budeted Adjusted 26,252 None 12,662 + 502 2,321 + 632 15,515 None 12,592 + 758 $69,342 $+1,892 * A slight increase in salary is indicated for these positions due to the new confidential salary pay plan which includes an 11% COL and 5% merit increase. **This position is presently vacant within the PPD Department and it is assumed that the position will be filled by the draftsperson for the JCRPC. The salary increase reflects the present salary for the draftsperson. bc5/5 FUNCTIONAL COSTS BY AGENCY Iowa City 1. Transportation Planninq Transportation Planner $20,646 Transportation Assistant 16,000 fringe (@ 18%) 6,596 overhead costs 27,760* .71,002 other agency contributions - 31,954 39,048 $39,048 *This amount includes the $15,400 identified as other expenses in the April 23 memorandum plus $8,040 in administrative and personnel costs, $2,000 for word processing and $2,320 in rent and utilities. 2. human Services Planning Human Services Planner (50% 0 $19,542) $ 9,771 fringe (@ 18%) 1,759 overhead costs 5,000 16,520 $16,520 3. Multi -County Assessment $ 8,014 $ 8,014 TOTAL $63,582 Johnson Count 1. Transportation Planning $ 6,000 $ 6,000 2. Rural Planning Rural Planner $18,000 fringe (@ 18%) 3,240 overhead costs 11,954* $33,194 $33,194 *This amount includes $2,000 for word processing, $1,160 for rent and utilities, $6,719 in administrative and personnel costs, and $2,075 in other expenditures. 1W -2- 3. Community Assistance Coordinator (50% @ $14,140) $ 7,070 fringe (@ 18) 1,273 overhead costs 5,056* 13,399 other agency contributions - 3,675 $ 9,724 *This amount includes $580 for rent and utilities, plus $2,401 in administrative and personnel costs, and $2,075 for word processing and other expenditures. 4. Land Use Planning Land Use Planner (50% @ $14,140) $ 7,070 fringe (@ 18%) 1,273 overhead costs 6,364* 14,707 *This amount includes $580 for rent and utilities, plus $2,784 in administrative and personnel costs, and $3,000 for word processing and other expenditures. 5. Multi -County Assessment $ 2,383 Coralville 1. Transportation Planning 2. Multi -County Assessment University Heights 1. Transportation Planning 2. Community Assistance 3. Multi -County Assessment Small Cities 1. Community Assistance 2. Multi -County Assessment University of Iowa Research Assistants (4 @ a time) $ 9,724 $14,707 $ 2,383 TOTAL 6fi1Q08 $ 5,000 $ 51000 $ 1,108 $ 1,108 TOTAL $ 6,108 R 954 884 191 TOTAL $ 954 884 191 $ 2,029 $ 2,791 $ 2,791 1,045 1,045 TOTAL $ 32836 $10,000 ADMINISTRATIVE AND PERSONNEL COST BREAKDO14N Director (25% 0 $26,252) Transportation Planning Rural Planning Community Assistance Land Use Planning *Human Services Planning Secretary (25% @ $13,164) Transportation Planning Rural Planning Community Assistance Land Use Planning *Human Services Planning Minute Taker (12.5% @ $11,812) Transportation Planning Rural Planning Community Assistance Land Use Planning *Human Services Planning Graphics Technician (12.5% @ $15,515) Transportation Planning Rural Planning Community Assistance Land Use Planning *Human Services Planning Draftsperson (50% @ $13,350) Transportation Planning Rural Planning Community Assistance Land Use Planning *Human Services Planning $ 3,281 1,094 1,094 1,094 $ 795 2,080 208 208 $ 1,000 100 276 100 $ 1,000 500 39 400 $ 1,964 2,945 784 982 $ 6,563 $ 3,291 $ 1,476 $ 1,939 $ 6,675 All positions indicated above are presently funded in Iowa City's FY81 budget. It is assumed that Iowa City would absorb the administrative and personnel costs attributed to transportation and human services planning and that such costs attributed to rural planning, community assistance and land use planning would be charged back on an hourly basis to those respective accounts of the agency budget as necessary. The amounts are reflected under overhead costs for each function by agency. *Administrative and personnel costs relative to human services planning would be included in the Plan Administrative Division's budget and as such are not included in this cost breakdown. 4(01/ RESOLUTION NO. 80-299 A RESOLUTION ESTABLISHING A FEE FOR CERTAIN SERVICES PERFORMED BY THE IOWA CITY POLICE DEPARTMENT AND THE IOWA CITY ANIMAL SHELTER, AND REPEALING THOSE RESOLUTIONS INCONSISTENT WITH THE ESTABLISHED FEES. WHEREAS, the City of Iowa City Police Department provides certain services other than those duties required by the State and Municipal law, and WHEREAS, Sections 7-35 and 36 of the Code of Ordinances provides that the Council shall establish fees for the operation of the Iowa City Animal Shelter, and WHEREAS, the City Council of the City of Iowa City is desirous of establishing fees for such services. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the following schedule of services and fees be adopted by the City of Iowa City: A. POLICE DEPARTMENT SERVICES 1. Accident reports: $3.00 per copy 2. Fingerprinting: $3.00 per set 3. Escort services (excluding funerals): $10.00 per unit for each assignment of 30 minutes or less, plus $10.00 for each additional 30 minutes. 4. House and building moves: $12.50 for each officer per hour plus $17.50 per hour for each police vehicle, with a mimumum two-hour charge for each officer and vehicle. 5. Impoundment fee; vehicles impounded for violations of traffic and parking ordinances on public and private property: $10.00 per vehicle, plus towing charges and outstanding tickets. 6. Police obtained photographs: $10.00 per each 8" x 10" photo. 7. Polygraph examinations: $75.00 per examination, plus $25.00 per hour preparation time, with a minimum two-hour ($50.00) charge for preparation time. B. ANIMAL CONTROL SERVICES 1. Reclaim fee for impounded dogs, cats, and other animals: a) First reclaim within a given calendar year: dogs and livestock: $10.00 cats and other pet animals: $5.00 b) Second reclaim within a given calendar year: dogs and livestock: $20.00 cats and other pets: $10.00 c) Each subsequent reclaim within a given calendar year: dogs and livestock: $30.00 cats and other pet animals: $15.00 2. Boarding fees: a) Dogs and livestock: $5.00 per day b) Cats and other pet animals: $3.00 per day 3. Animal disposal fee for resident and non-resident owners: $5.00 per animal regardless of litter size. 4. Disposal of county strays (Board of Supervisors): $5.00 per animal 5. Trap rental: $1.00 per day for a maximum of ten days, with a minumum $5.00 refundable deposit. No charge or deposit will be required for cat traps. C. Fees established in Resolutions 76-144, 77-95, and 77-123 which are inconsistent with the schedule established above are hereby repealed. It was moved by Neuhauser and seconded by Vevera 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 15th day of July 1980. �YOR ATTEST: CITY CLERK A—.'d $ Appoved PY Logad EEepartmrnt �z� /t� RESOLUTION NO. 80-300 RESOLUTION RESERVING A DESIGNATED PARKING SPACE FOR THE JOHNSON COUNTY AMBULANCE SERVICE. WHEREAS, Mercy Hospital has requested the City to designate a single parking space on a public street adjacent to the hospital for the long- term parking of Johnson County ambulances; and WHEREAS, the City Council deems such designation of a parking space to be in the public interest. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA that the City Traffic Engineer is authorized to designate one reserved parking space on the northwest corner of the intersection of Van Buren and Bloomington Streets in Iowa City for use by the Johnson County Ambulance Service. It was moved by Vevera and seconded by Perret that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: G7 Passed and approved this Balmer Erdahl x Lynch Neuhauser Perret Roberts Vevera 15t1day of July , 1980. AYOR ATTEST:�.� CITY CLERK Rww div+v: & Appnwed By 7 0 lleparfm, ,t ti G,zz. MERCY HOSPITAL 'F--EIVED JUL 9 1980 SOD MARKET STREET IOWA CITY, IOWA 52240 319337-0500 July 9, 1980 Neal Berlin, City Manager Administration Offices Civic Center Iowa City, Iowa 52240 Dear Neal: This letter of request follows my telephone conversation with you. Mercy Hospital is requesting the following of the City Council: That one parking space, the first on the northwest corner of the junction of VanBuren Street and Bloomington Street, be reserved and designated for the parking of the Johnson County ambulance. This parking space is directly opposite the emergency entrance on Blooming- ton Street. The ambulance frequently must be parked for long periods of time be- cause the technicians are involved in the care of the patient or are here for educational purposes. The technicians observe and assist in the emergency service department in order to maintain their skills. Available parking space at Mercy Hospital's ambulance entrance is severely restricted, and it is therefore impossible to hold space for the ambulance. For the above reason we respectfully request designation of parking space for the Johnson County ambulance on the street. Thank you for presenting this request before the City Council. Sincerely, Sister Mary Josep'hu5', R. ,M. Associate Administrator /b cc: Sister Mary Venarda, R,S.M. Chief Executive Officer 4 z3 RESOLUTION NO. 80-301 RESOLUTION AMENDING THE NUMBER OF AUTHORIZED FULL-TIME PERMANENT POSITIONS IN THE PARKING SYSTEMS. WHEREAS, Resolution 80-91 adopted by the City Council on March 11, 1980, establishing an operating budget for Fiscal Year 1981 authorizes all permanent full-time positions, and WHEREAS, the completion of the new parking facilities necessitates a reorganization of positions in the Parking Systems, and WHEREAS, the reorganization will not require additional funding in the Parking Systems FY81 Operating Budget, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that total authorized permanent full-time positions in the Parking Systems be amended by: 1. The deletion of one full-time Parking Enforcement Attendant. 2. The addition of one full-time Cashier. It was moved by Vevera and seconded by Erdahl the Resolution 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 15th day of Ju1y , 1980, A R ATTEST: «LcP4� C� / .5��1J Received A Aprovei CITY CLERK 1y T legal D.'artmO G•Zy /oev /"z� RESOLUTION NO. 80-302 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: Thomas A. Peters dba The Salad Bowl, Inc. 701 E. Davenport St. 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 Lynch and seconded by Perret that the Resolution as read be adopted, and upon roll call there were: Vevera x Passed and approved this 29th day of July , 19 80 . K Attest:(2iL *(�' City Clerk 6a?s' AYES: NAYS: ABSENT: Balmer x Lynch x Erdahl x Neuhauser x Perret x Roberts x Vevera x Passed and approved this 29th day of July , 19 80 . K Attest:(2iL *(�' City Clerk 6a?s' RESOLUTION NO. 80-30 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: Thomas A. Peters dba The Salad Bowl, Inc., 701 E. Davenport St. Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance of state law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, bond, and all other information or docu- ments required to the Iowa Beer and Liquor Control Department. It was moved by Lynch and seconded by Perret that the Resolution as read be adopted, and upon roll call there were: AYES: Balmer x Lynch x Erdahl x Neuhauser Perret Roberts x Vevera x NAYS: ABSENT: x pi Passed and approved this 29th day of July , 19 80 i 46OZ(W RESOLUTION NO. 80-304 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: Osco Drug, Inc., dba Osco Drug Store, 120 E. College 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 Lynch and seconded by Perret that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Balmer x Lynch x Erdahl x Neuhauser x ' Perret x Roberts Vevera x Passed and approved this 29th day of July . 19 80- Attest: (?/, Z;� City Clerk 42 RESOLUTION NO. 80-305 RESOLUTION APPROVING CLASS C LIQUOR CONTROL LICENSE APPLiZrMMM BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class c Liquor Control License application is hereby approved7or the following named person or persons at the following described location: Paul E. Poulsen dba Senor Pablos LTD., 830 1st Avenue Said approval shall be subject to any conditions or re- strictions hereafter imposed by ordinance or State law. /11v/_� The City Clerk shall cause a recommendation for approval to he endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond, sketch of the premises and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by that the Resolution there were: Balmer Lynch Erdahl Neuhauser Perret Roberts Vevera Lynch and seconded by P r t as read-Fe—adopted, and upon ol�T AYES: NAYS: ABSENT: x x x x x x X Passed and approved this 29th day of July 19 80 _A�LAttest: C CC City Clerk 46zp RESOLUTION NO. 80-306 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: Paul E. Poulsen dba Senor Pablos LTD., 830 1st Ave. Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance of state law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, bond, and all other information or docu- ments required to the Iowa Beer and Liquor Control Department. It was moved by Lynch and seconded by Perret that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Balmer x L9nch x Erdahl x Neuhauser x Ferret x Roberts x Vevera x Passed and approved this 29th day of July , 19 80 or Attest: City Clerk 4a9 RESOLUTION N0, 80-307 RESOLUTION APPROVING CLASS C LIQUOR CONTROL LICENSE APPLTC9rTM BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Liquor Control License application is hereby approv�Tor the following named person or persons at the following described location: Iowa River Pizza Co., Inc., dba Applegate's Landing, 1411 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 for approval to he endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond, sketch of the premises and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by Lynch and seconded by —��_ that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Balmer x Lynch x Erdahl x Neuhauser x Perret x Roberts x yevera Passed and approved this 29th day of Attest: City Clerk 11 July , 19 80 __ 1 2::�� - " RESOLUTION NO. 80-308 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: Quik Trip Corp., dba Quik Trip 11539, 301 Market 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 Lynch and seconded by Perret that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Balmer x Lynch x Erdahl x Neuhauser x Perret x Roberts x Vevera x Passed and approved this 29th day of Jul 19 80 . Attest:�2L- �J City Clerk 4.31 RESOLUTION NO. 80-309 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: Quik Trip Corp., dba Quik Trip #539, 301 Market 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 byLvnch and seconded by Perret that the Resolution as read be adopted, and upon roll call there were: Balmer Lynch Erdahl Neuhauser Perret Roberts Vevera AYES: NAYS: x x x x x Passed and approved this 29th 19 80 , Attest: City Clerk ABSENT: x gi day of July , 43a RESOLUTION NO. 80-310 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: St. Mary's Roman Catholic Church dba St. Mary's Roman Catholic Church, T150 Rochester Ave.(Regina High School) 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 L nand seconded by Perret that the Resolution as rea ch be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Balmer x Lynch x Erdahl x Neuhauser x Perret x Roberts x Vevera x Passed and approved this 29th day of July , 1980 Attest: City C erc RESOLUTION NO. 80-311 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: St. Mary's Roman Catholic Church dba St. Mary's Roman Catholic Church, 2150 Rochester Ave.(Regina High School) 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 Lynch and seconded by Perret that the Resolution as read be adopted, and upon roll call there were: Balmer AYES: NAYS: ABSENT: x Lynch x Erdahl x Neuhauser Perret x Roberts Vevera x x x Passed and approved this 29th day of my , 19 80 . 7 Attest: City Clerk RESOLUTION NO. 80-312 RESOLUTION TO ISSUE CIGARETTE PERMITS WHEREAS, the following firms and persons have made appli- cation and paid the mulct tax required by law for the sale of cigarettes and cigarette papers; therefore, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the applications be granted and the City Clerk be and he/she is hereby directed to issue a permit to the following named persons and firms to sell cigarette papers and cigarettes: See Attached List 81-130- 135 It was moved by Lynch and seconded by Perret that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Balmer X Lynch x Erdahl X Neuhauser X Perret X Roberts X Vevera X Passed and approved this 29th day of Ju 19 80 . Attest: Cty Clerk / e-L� RESOLUTION NO. 80-313 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: Iowa River Pizza Co., Inc. dba Applegate's Landing, 1411 South Gilbert 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 Lynch and seconded by perret that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Balmer x Lvnch x Erdahl x Neuhauser x Perret x Roberts x Vevera x Passed and approved this 29th day of July 19 80 _ r City Clerk RESOLUTION NO. 80-314 A RESOLUTION SETTING PUBLIC HEARING FOR THE FIFTH YEAR, AND CUMULATIVE GRANTEE PERFORMANCE REPORT FOR THE HOLD HARMLESS ENTITLEMENT COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM, DIRECTING THE CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE -DIRECTOR OF PLANNING AND PROGRAM DEVELOPMENT TO PLACE INFORMATION REGARDING SAID GRANTEE PERFORMANCE REPORT ON FILE FOR PUBLIC INSPECTION. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA That a public hearing on the above proposed G.P.R. is to be held on the 12th day of August, 1980, at 7:30 P.M. in the Council Chambers, Civic Center, Iowa City, Iowa. 2. That the City Clerk is hereby authorized and directed to publish notice of the public hearing in a newspaper published at least once weekly and having general circulation in the City, not less than four nor more than twenty days before said hearing. 3. That information regarding said amendment is hereby ordered placed on file by the Director of Planning and Program Development in the office of the City Clerk for public inspection. It was moved by Lynch and seconded by Perret 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 29th day of July 1980. MAYOR�zf _�., j••,Ky �. a•K, RESOLUTION NO. 80-315 RESOLUTION SETTING PUBLIC HEARING ON THE DISPOSITION OF PUBLIC PROPERTY WHEREAS, the City of Iowa City, Iowa, has entered into an agreement with Thomas R. Alberhasky and Marilyn J: 'Alberhasky, husband and wife, to exchange certain property owned by the City for certain property owned by Alberhasky, and WHEREAS, the City is required to have a public hearing on the disposition of this property. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a public hearing be held on the proposal to dispose of the following described property to Mr. and Mrs. Thomas Alberhasky of Iowa City: Commencing at the SE corner Section 14,•T79N, R6W of the 5th P.M.; thence N00°00'00"W 842.35 feet to the southerly right-of- way line of the Chicago, Rock Island, and Pacific Railroad as recorded in plat book #8, page 38, Johnson County, Iowa; thence N61054'00"W 177.34 feet to the point of beginning; thence S68039'15"W 163.76 feet; thence N45'34'05"W 7.95 feet; thence westerly 126.28 feet along a 110.00 foot radius curve concave southerly and whose 119.46 moot chord bears N78°27'25"W; thence N21020'45"W 2.90 feet; thence N68'39'15"E 203.17 feet; thence S61054'00"E 98.70 feet to the point of beginning. Said parcel contains 12,226 square feet more or less. And, in addition, Commencing at the SE corner Section 14, T79N, R6W of the 5th P.M.; thence N00'00'00"W 842.35 feet to the Southerly right-of- way line of the Chicago, Rock Island, and Pacific Railroad as recorded in plat book #8, page 38, Johnson County, Iowa; thence N61054'00"W 47.87 feet to the point of beginning; thence southerly 166.00 feet along a 724.00 foot radius curve concave westerly and whose 165.63 foot chord bears S10'43'11"W; thence N70017'25"W 15.56 feet; thence westerly 19.62 feet along a 452.50 foot radius curve concave northerly and whose 19.62 foot chord bears N69002'54"W; thence N21020'45"W 215.29 feet; thence N68039'15"E 30.00 feet; thence S61°54'00"E 129.47 feet to the point of beginning. Said parcel contains 17,175 square feet more or less. Public hearing is hereby set for Aug. 12, 1980, at 7:30 P.M. in the Council Chambers of the Civic Center, 410 E. Washington St., Iowa City, Iowa. It was moved by Lynch and seconded by Perret the Resolution be adopted, and upon roll call there were: 619 Resolution N 80-315 Page 2 AYES: NAYS: ABSENT: x Balmer x Erdahl x Lynch _ x Neuhauser x Perret x Roberts X Vevera Passed and approved this 29th day of July , 1980. M YOR ATTEST: CITY CLERK ly TU /WJ Depwn.n}o I �O Z/0 o r!i0 T%D RESOLUTION NO. 80-317 A RESOLUTION REGARDING THE ISSUANCE OF NOT TO EXCEED $1,800,000 IN AGGREGATE PRINCIPAL AMOUNT OF INDUSTRIAL DEVELOPMENT REVENUE INTERIM BONDS (YOUNKERS, INC. PROJECT) AND NOT TO EXCEED $1,800,000 IN AGGREGATE PRINCIPAL AMOUNT OF INDUSTRIAL DEVELOPMENT REVENUE BONDS (YOUNKERS, INC. PROJECT) OF THE CITY OF IOWA CITY, IOWA, DIRECTING PUBLICATION OF NOTICE OF INTENTION TO ISSUE, CALLING A PUBLIC HEARING ON THE PROPOSAL TO ISSUE SAID BONDS AND AUTHORIZING EXECUTION OF A MEMORANDUM OF AGREEMENT. WHEREAS, the City of Iowa City, Iowa (hereinafter referred to as the "City") is a municipal corporation organized and existing under the Constitution and laws of the State of Iowa, and is authorized and empowered by Chapter 419 of the Code of Iowa (hereinafter referred to as the "Act"), to issue Indus- trial Development Revenue Interim Bonds and Industrial Development Revenue Bonds, and loan the proceeds from the sale of said Interim Bonds and said Bonds to one or more parties to be used to defray all or a portion of the cost of acquiring, constructing, improving and equipping land, buildings and improvements suitable for use as commercial enterprises con- sisting of retail and commercial facilities which the City finds is consistent with the urban renewal plan adopted by the City, pursuant to the Act and Chapter 403, Code of Iowa; and WHEREAS, the City has been requested by Younkers, Inc., a wholly-owned subsidiary of Equitable of Iowa Companies (hereinafter referred to as the "Company"), to authorize and issue its Industrial Development Revenue Interim Bonds (the "Interim Bonds") pursuant to the provisions of the Act for the purpose of temporarily financing all or a portion of the cost of acquiring certain fixtures, equipment and miscellaneous appointments, and of installing said items in an existing building to be leased from Old Capital Associates, all to be suitable for use as a commercial enterprise consisting of retail facilities (hereinafter referred to as the "Project"); and WHEREAS, the City has been requested by the Company, to authorize and issue its Industrial Development Revenue Bonds (the "Bonds") pursuant to the provisions of the Act for the purpose of permanently financing all or a portion of the cost of the acquisition and equipping of the Project located within the City of Iowa City, Iowa; and -3- Matters were discussed relative to the request from Younkers, Inc., a wholly-owned subsidiary of Equitable of Iowa Companies, regarding the issuance of not to exceed $1,800,000 in aggregate principal amount of the City's Industrial Development Revenue Interim Bonds (Younkers, Inc. Project) and not to exceed $1,800,000 in aggregate principal amount of the City's Industrial Development Revenue Bonds (Younkers, Inc. Project). Following an explanation of the proposed Project by representatives of said Company and a discussion of the proposal, Council Member Lynch introduced the following Resolution in written form and moved its adoption. Council Member Perret seconded the motion to adopt. After due consideration of said motion, the roll was called and the Resolution was adopted by the following vote: AYES: Erdahl, Lynch, Perret, Vevera, Balmer ABSENT: Neuhauser, Roberts NAYS: None The Resolution was thereupon signed by the Mayor and in evidence of his approval, was attested by the City Clerk, and was declared to be effective. The Resolution is as follows: -2- 0 0 WHEREAS, said Interim Bonds, when issued, will be issued to temporarily finance the Project in anticipation of the issuance by the City of said Bonds, the proceeds of which, when issued, will be used to permanently finance the Project; and WHEREAS, said Project is located within the area of and is consistent with and authorized by the Project No. Iowa R-14 Urban Renewal Plan, adopted by the City, and will promote urban renewal, rehabilitation and redevelopment of the City, will eliminate blighted areas, and will provide employment oppor- tunities for residents of the City and the surrounding area; will enhance the tax base of the City and overlapping taxing jurisdictions and will provide and induce other public benefits which will add to the welfare and prosperity of the City and its inhabitants; and WHEREAS the City has determined that the amount necessary to defray all or a portion of the cost of acquisition, con- struction, improving and equipping the Project, including necessary expenses incidental thereto, will require the issuance by the City of not to exceed $1,800,000 aggregate principal amount of its Industrial Development Revenue Interim Bonds and not to exceed $1,800,000 aggregate principal amount of its Industrial Development Revenue Bonds pursuant to the provisions of the Act, and it is proposed that the City loan said amount to Company under a Loan Agreement between the City and Company pursuant to which loan payments will be made by the Company in amounts sufficient to pay the principal of and interest and premium, if any, on said Interim Bonds and said Bonds, as and when the same shall be due; and WHEREAS, the Interim Bonds and Bonds, if issued, shall be limited obligations of the City, and shall not constitute nor give rise to a pecuniary liability of the City or a charge against its general credit or taxing powers, and the principal of and interest and premium, if any, on the Interim Bonds and the Bonds shall be payable solely out of the revenues derived from the Project to be financed by the Interim Bonds and the Bonds; and WHEREAS, regulations promulgated under Section 103 of the Internal Revenue Code of 1954, as amended, may require that the Issuer of such Interim Bonds and such Bonds adopt a Resolution with respect to such Interim Bonds and such Bonds or take "some other similar official action" toward the issuance of such Interim Bonds and such Bonds prior to the commencement of construction or acquisition relating to the proposed Project, and it is intended that this Resolution shall constitute "some other similar official action" toward the issuance of the Interim Bonds and the Bonds within the meaning of said federal income tax regulations; and -4- 6 V-3 WHEREAS, there has been presented to the Council a Memo- randum of Agreement, attached hereto as Exhibit "A" which sets forth certain mutual undertakings and agreements between the City and Company, relating to the further processing and issu- ance of said Interim Bonds and said Bonds, and the City believes it desirable and in its best interest that said Memorandum of Agreement be executed for and on behalf of the City; and WHEREAS, before the Interim Bonds and the Bonds may be issued, it is necessary to conduct a public hearing on the pro- posal to issue the Interim Bonds and the Bonds, all as required and provided by Section 419.9 of the Act. NOW, THEREFORE, Be It and It Is Hereby Resolved by the City Council of the City of Iowa City, Iowa, as follows: Section 1. A public hearing shall be conducted on August 26, 1980, at 7:30 o'clock P.M., before this City Council in the Council Chambers at the Civic Center in the City of Iowa City, Iowa, on the proposal to issue not to exceed $1,800,000 aggregate principal amount of the City's Industrial Development Revenue Interim Bonds (Younkers, Inc. Project) pursuant to the provisions of the Act, for the purpose of temporarily financing all or a portion of the cost of improving and equipping the Project, including necessary expenses incidental thereto, in anticipation of the issuance of not to exceed $1,800,000 aggregate principal amount of the City's Industrial Development Revenue Bonds (Younkers, Inc. Project) and all local residents who appear at said hearing shall be given an opportunity to express their views for or against the proposal to issue such Interim Bonds and such Bonds; and at said hearing, or any adjournment thereof, this City Council shall adopt a resolution determining whether or not to proceed with the issuance of said Interim Bonds and such Bonds. Section 2. The City Clerk of the City is hereby directed to publish one time, not less than fifteen (15) days prior to the date fixed for said hearing, in the Press -Citizen a legal newspaper published and having a general circulation within the City, a Notice of Intention to issue said Interim Bonds and said Bonds in substantially the following form: -5- ((// 7l_ NOTICE OF PUBLIC HEARING OF INTENTION TO ISSUE INDUSTRIAL DEVELOPMENT REVENUE INTERIM BONDS (YOUNKERS, INC. PROJECT) . INDUSTRIAL DEVELOPMENT REVENUE BONDS (YOUNKERS, INC. PROJECT) Notice is hereby given that a public hearing will be conducted before the Council of the City of Iowa City, Iowa, in the Council Chambers at the Civic Center, 410 E. Washington, Iowa City, Iowa, at 7:30 o'clock P.M., on August 26, 1980, on the proposal to issue not to exceed $1,800,000 principal amount of the City's Industrial Development Revenue Interim Bonds (Younkers, Inc. Project) pursuant to the provisions of Chapter 419 of the Code of Iowa, for the purpose of temporarily financing all or a portion of the cost of acquiring certain fixtures, equipment and miscellaneous appointments, and of installing said items in an existing building to be leased from Old Capitol Associates, all to be suitable for use as a commercial enterprise consisting of retail facilities, located within the area of and consistent with the City's Project No. Iowa R-14 Urban Renewal Plan, in anticipa- tion of the issuance of not to exceed $1,800,000 aggregate prin- cipal amount of the City's Industrial Development Revenue Bonds (Younkers, Inc. Project). The proposed retail facilities will be owned by Younkers, Inc., a wholly-owned subsidiary of Equitable of Iowa Companies. It is contemplated that a Loan Agreement will be entered into between the City and Younkers, Inc., under which the City would loan to said Company the proceeds from the sale of the Interim Bonds and the Bonds in return for loan payments from the Company sufficient to pay the principal of and interest and premium, if any, on such Bonds as the same shall fall due. Such Interim Bonds and the Bonds, if issued, and the interest thereon will be payable solely out of the revenues derived from the said Loan Agreement and shall never constitute an indebted- ness of said City within the meaning of any state constitutional provision or statutory limitation, and shall not constitute nor give rise to a pecuniary liability of said City or a charge against its general credit or taxing powers. All local residents who appear at said hearing shall be given an opportunity to express their views for or against the proposal to issue said Interim Bonds and the Bonds, and at said hearing, or any adjournment thereof, the Council of said City shall adopt a resolution determining whether or not to proceed with the issuance of said Interim Bonds and the Bonds. By Order" of the City Council. Abbie Stolfus, Clerk of the City of Iowa City, Iowa -6- G f�-S Section 3. The City recognizes that regulations promulgated under Section 103 of the Internal Revenue Code of 1954, as amended, may require the taking by this City Council of official action or "some other similar official action"., if interest on Industrial Development Revenue Interim Bonds and Industrial Development Revenue Bonds issued by the City and used to acquire, construct, improve and equip such project is to be exempt from federal income taxes. In order to preserve such exemption, this Resolution is intended to constitute solely for federal income tax purposes official action or "some other similar official action" with respect to the issuance of such Interim Bonds and such Bonds. Section 4. That in order to assure the acquisition, construction, improvement and equipping of these commercial faci- lities in the City of Iowa City, Iowa, with the resulting public benefits which will flow from the operation thereof, it is deemed necessary and advisable that the Memorandum of Agreement, in the form attached hereto as Exhibit "A", be approved and that the Mayor of the City be and hereby is authorized and directed to execute said Memorandum of Agreement and the City Clerk of the City be and hereby is authorized to attest the same and to affix the seal of the City thereto and said Memorandum of Agreement is hereby made a part of this Resolution. Section 5. In order that the Project will not be unduly delayed, Company is hereby authorized to make such commitments, expenditures and advances toward payment of the costs of the Project as it considers appropriate, subject to reimbursement from the proceeds of the Interim Bonds and the Bonds when and if delivered, but otherwise without liability on the part of the City. Section 6. That officials of the City are hereby authorized to take such further action as may be necessary to carry out the intent and purpose of the Memorandum of Agreement. Section 7. All Resolutions and Orders or parts thereof, in conflict herewith are, to the extent of such conflict, hereby repealed, and this Resolution shall be in full force and effect immediately upon its adoption. Adopted and approved, July 29, 1980. of Iowa City, Iowa/j (SEAL) J �n Ba mere, Mayor" A t tes t-: Tbbie Stolfus, Cit Clerk -7- CLERK'S CERTIFICATE I, Abbie Stolfus, being first duly sworn do hereby depose and certify that I am the duly appointed, qualified, and acting City Clerk of the City of Iowa City, in the County of Johnson, State of Iowa; that as such I have in my possession, or have access to, the complete corporate records of said City and of its Council and officers; that I have carefully compared the transcript hereto attached with the aforesaid corporate records; and that said transcript hereto attached is a true, correct and complete copy of all the corporate records showing the action taken by the City Council of said City at a meeting open to the public on July 29, 1980, regarding the issuance of not to exceed $1,800,000 aggregate principal amount of Industrial Development Revenue Interim Bonds (Younkers, Inc. Project) and not to exceed $1,800,000 aggregate principal amount of Industrial Development Revenue Bonds (Younkers, Inc. Project) of the City of Iowa City, Iowa, directing publication of notice of intention to issue, calling a public hearing on the proposal to issue said Bonds and authorizing execution of a Memorandum of Agreement; that said proceedings remain in full force and effect and have not been amended or rescinded in any way; that said meeting and all action thereat was duly and publicly held, with members of the public in attendance, in accordance with a notice of meeting and tentative agenda, a copy of which was timely served on each member of the Council and posted on a bulletin board or other prominent place easily accessible to the public and clearly designated for that purpose at the principal office of the Council (a copy of the face sheet of said agenda being attached hereto) pursuant to the local rules of the Council and the provisions of Chapter 28A, Iowa Code, and upon reasonable advance notice to the public and media at least twenty-four hours prior to the commencement of the meeting as required by said law. Witness my hand and the Corporate Seal of said City hereto affixed this day of July, 1980. (SEAL) Abbie Stolfus, City Clerk State of Iowa ) SS.: County of Johnson ) Subscribed and sworn to before me this day, the date last above written. -1 otary Public in and for the (SEAL) State of Iowa G sL% (This Notice to be Posted) NOTICE AND CALL OF COUNCIL MEETING Governmental Body: Date of Meeting: Time of Meeting: Place of Meeting: The City Council of Iowa City, Iowa. July 29, 1980 7: 30 P.M. Council Chambers Civic Center Iowa City, Iowa PUBLIC NOTICE IS HEREBY GIVEN that the above-mentioned governmental body will meet at the date, time and place above set out. The tentative agenda for said meeting is as follows: 1. Resolution Regarding the Issuance of Not Th Exceed $1,800,000 Aggregate Principal Amount of Industrial Development Revenue Interim Bonds (Younkers, Inc. Project) and not to exceed $1,800,000 Aggregate Principal Amount of Industrial Development Revenue Bonds (Younkers, Inc. Project) of the City of Iowa City, Iowa, Directing Publication of Notice of Intention to Issue, Calling a Public Hearing on the Proposal to Issue Said Bonds and Authorizing Execution of a Memorandum of Agreement. 2. Such additional matters as are set forth on the additional S page(s) attached hereto (attach copy of agenda). This notice is given at the direction of the Mayor, pur- suant to Chapter 28A, Iowa Code, as amended, and the local rules of said governmental body. Abbie Stolfus, Clerk f the City of Iowa City, Iowa POSTED: REMOVED: Q� EXHIBIT "A" MEMORANDUM OF AGREEMENT THIS MEMORANDUM OF AGREEMENT is between the City of Iowa City, in Johnson County, Iowa, party of the first part (hereinafter referred to as the "City"), and Younkers, Inc., a wholly-owned subsidiary of Equitable of Iowa Companies, party of the second part (hereinafter referred to as the "Company"). 1. Preliminary Statement. Among the matters of mutual inducement which have resulted in the execution of this Agreement are the following: (a) The City is an incorporated municipality of the State of Iowa, authorized and empowered by the provisions of Chapter 419 of the Code of Iowa (the "Act"), to issue Industrial Development Revenue Interim Bonds and Industrial Development Revenue Bonds for the purpose of defraying all or a portion of the cost of acquiring and improving land, buildings and impro- vements suitable for use of commercial enterprises which the City Council, as the governing body, finds is consistent with the urban renewal plan, adopted by the City, pursuant to the Act and Chapter 403, Code of Iowa; and (b) The City has adopted the Project No. Iowa R-14 Urban Renewal Plan, and in furtherance of efforts to rehabilitate and redevelop the designated Urban Renewal Area, the City proposes to issue its Industrial Development Revenue Interim Bonds (the "Interim Bonds") and its Industrial Development Revenue Bonds (the "Bonds") and to loan to the Company the proceeds from the sale of said Interim Bonds and said Bonds to enable the Company to finance the cost of acquiring certain fixtures, equipment and miscellaneous appointments, and of installing said items in an existing building to be leased from Old Capital Associates, all to be suitable for use as a commercial enterprise con- sisting of retail facilities (herein referred to as the "Project"); and e (c) It is considered essential 'that acquisition and installation related to the Project commence at the earliest practicable date, and that orders be placed for acquiring the necessary improvements and equipment. However, before com- mencing the Project, the Company desires satisfactory assuran- ces from the City that the proceeds from the sale of the City's Industrial Development Revenue Interim Bonds, which, when issued, will be used to temporarily finance the Project in anticipation of the proceeds from the sale of the City's Industrial Development Revenue Bonds, which, when issued, will -1- s�9 permanently finance the Project, will be made available in an amount sufficient to finance all or a portion of the cost of the Project. The amount of the Interim Bonds and Bonds requested to be issued is presently estimated not to exceed $1, 800, 000. (d) Representatives of the City have indicated the will- ingness of the City to proceed with and effect such financing as an inducement to the Company to locate the Project in the City and the City has advised the Company that, subject to due compliance with all requirements of law and the obtaining of all necessary consents and approvals and to the happening of all acts, conditions and things required to exist, happen and be performed precedent to and in connection with such financing in due time, form and manner as required by law, the City, by virtue of such statutory authority as may now exist or may hereafter be conferred, will issue and sell its Interim Bonds and its Bonds in an amount sufficient to finance all or a por- tion of the cost of the Project. (e) The City considers that the undertaking of the Project will promote urban renewal, rehabilitation and redevelopment of the City, will eliminate blighted areas, and will provide employment opportunities for the inhabitants of the City, enhance the tax base of the City and overlapping taxing jurisdictions, increase the City's commerce and add to the welfare and prosperity of the City and that of its inhabitants. 2. Undertakings on the Part of the City. The City agrees as follows: (a) That it will authorize, or cause to be authorized, the issuance and sale of an issue of its Interim Bonds to be issued and sold for the purpose of temporarily financing the Project in anticipation of the issuance and sale of the City's Bonds which, when issued, will be used to permanently finance the Project, pursuant to the terms of the Act as then in force, in an aggregate principal amount presently estimated not to exceed $1,800,000. (b) That it will cooperate with Company to sell the Interim Bonds and the Bonds upon mutually agreeable terms, and it will adopt, or cause to be adopted, such proceedings and authorize the execution of such documents as may be necessary or advisable for the authorization, issuance and sale of the Interim Bonds and the Bonds and the financing of the Project as aforesaid, and the entering into a Loan Agreement with the Company with respect to the Project, all as shall be authorized by law and mutually satisfactory to the City and the Company. (c) That the aggregate basic payments (i.e. the payments to be used to pay the principal of and premium, if any, and -2- 1,0.sa interest on the Interim Bonds and the Bonds) payable under the Loan Agreement shall be such sums as shall be sufficient to pay the principal of and interest and redemption premium, if any, on the Interim Bonds and the Bonds as and when the same shall become due and payable. (d) That it will take or cause to be taken such other acts and adopt such further proceedings as may be required to imple- ment the aforesaid undertakings or as it may deem appropriate in pursuance thereof. 3. Undertakings on the Part of the Company. The Company covenants and agrees as o ows: (a) That it will cooperate with the City to sell the Interim Bonds and the Bonds in an aggregate principal amount as above stated; provided, however, that the terms of the Interim Bonds and the Bonds and of the sale and delivery thereof shall be mutually satisfactory to the City and the Company. (b) That it has not, prior to the execution of this agree- ment and the taking of "official action" toward the issuance of the Interim Bonds and the Bonds by the City, acquired or com- menced construction of the Project, or any part thereof, and has not entered into any contracts or paid or incurred any costs related thereto, which will be paid or reimbursed from the proceeds of the Interim Bonds and the Bonds, when and if issued. The Company does, however, represent that it now intends to enter into a contract or contracts for the acquisition, construction, improvement and equipping of the Project and take, with reasonable diligence, the other necessary steps toward the realization of the Project. (c) That contemporaneously with the sale of the Interim Bonds and the sale of the Bonds it will execute a Iran Agreement with the City under the terms of which the Company will obligate itself to pay to the City sums sufficient in the aggregate to pay the principal of, interest and redemption premium, if any, on the Interim Bonds and the Bonds as and when the same shall become due and payable, such instrument to con- tain other provisions required by law and such other provisions as shall be mutually acceptable to the City and the Company. (d) That it will take such further action and adopt such further proceedings as may be required to implement its afore- said undertakings or as it may deem appropriate in pursuance thereof. 4. General Provisions. (a) All commitments of the City under paragraph 2 hereof and of the Company under paragraph 3 hereof are subject to the condition that on or before September 1, 1981 (or such other date as shall be mutually satisfactory to the City and the Company), the City and the Company shall have agreed to mutually acceptable terms for the Interim Bonds and the Bonds and of the sale and delivery thereof, and mutually acceptable terms and conditions of the documents referred to in paragraph 3 and the proceedings referred to in paragraphs 2 and 3 hereof. (b) Whether or not the events set forth in (a) of this paragraph take place within the time set forth or any extension thereof, the Company agrees that it will reimburse the City for all reasonable and necessary direct out-of-pocket expenses which the City may incur, including but not limited to, legal fees, printing and publication costs and filing fees arising from the execution of this Agreement and the performance, or preparation to perform by the City of its obligations here- under, or done at the request of the Company. (c) All commitments of the City hereof are further subject to the conditions that the City, and its elected and appointed officials, shall in no event incur any liability for any act or omission hereunder, and that the Interim Bonds and the Bonds described herein shall not constitute an indebtedness of the City within the meaning of any constitutional or statutory pro- vision and shall not constitute nor give rise to a pecuniary liability of the City or a charge against its general credit or taxing powers. IN WITNESS WHEREOF the parties hereto have entered into this Agrepppent by their officers thereunto duly authorized as of the X66 //�i� [ day of July, 1980. of Iowa Cit , I (Seal of City) Attet- J hn Balmer, Mayor r A bie Stoltus, Ci Clerk Yot{nkers, Inc. (Seal) Stan'Y'(y H. Krum, Exteutive Vice President Attest: K. J. cCarthy, Senvt Vice President -4- 6 S;Z- AGENDA REGULAR COUNCIL MEETING JULY 29, 1980 Item No. 1 - MEETING TO ORDER. ROLL CALL. Item No. 2 CONSIDER ADOPTION OF CONSENT CALENDAR AS PRESENTED OR AMENDED: a. Approval of Official Council Activities of the regular Council meeting of July 15, 1980, subject to correction, as recommended by the City Clerk. b. Minutes of Boards and Commissions. (1) Planning and Zoning Commission meeting of July 4, 1980. (2) Riverfront Commission meeting of July 16, 1980. (3) Human Rights Commission meeting of July 10, 1980. (4) Resources Conservation Commission meeting of June 26, 1980. (5) Board of Library Trustees meeting of June 19, 1980. (6) Parks and Recreation Commission meeting of June 11, 1980. (7) Airport Commission meeting of July 10, 1980. (8) Broadband Telecommunications Commission meeting of June 17, 1980. C. Permit Resolutions, as recommended by the City Clerk: (1) Consider resolution approving Class C Beer Permit for Thomas A. Peters dba The Salad Bowl, Inc. 701 E. Davenport. (new) (2) Consider resolution approving Class C Beer Sunday Sales for Thomas A. Peters dba The Salad Bowl, Inc., 701 E. Davenport. (new) (3) Consider resolution approving Class C Beer Permit for Osco Drug, Inc. dba Osco Drug Store, 120 F. College. (renewal) (4) Consider resolution approving Class C Liquor License for Paul E. Poulsen dba Senor Pablos Ltd, 830 First Avenue. (renewal) GSZ Agenda Regular Council Meeting July 29, 1980 7:30 P.M. Page 2 Item No. 2c. cont'd. (5) Consider resolution approving Class C Sunday Sales Permit for Paul E. Poulsen dba Senor Pablos Ltd, 830 First Avenue. (renewal) (6) Consider resolution approving Class C Liquor License for Iowa River Pizza Co., Inc., dba Applegate's Landing, 1411 S. Gilbert. (renewal) (7) Consider resolution approving Class C Beer Permit for Quik Trip Corp. dba Quik Trip #539, 301 Market. (new) (8) Consider resolution approving Class C Beer Sunday Sales for Quik Trip Corp. dba Quik Trip #539, 301 Market. (new) (9) Consider resolution approving Class C Beer Permit for St. Mary's Roman Catholic Church dba St. Mary's, 2150 Rochester Avenue (Regina High School). (new) (10) Consider resolution approving Class C Beer Sunday Sales Permit for St. Mary's Roman Catholic Church dba St. Mary's 2150 Rochester Avenue (Regina High School). (new) (For a three-day Fall Fun Festival) (11) Consider resolution approving cigarette permits. d. Setting Public Hearings. (1) Consider resolution setting public hearing on August 12, 1980, for City's fifth year and cumulative hold harmless entitlement CDBG Grantee Performance Report, directing the City Clerk to publish notice of said hearing, and directing the Director of Planning and Program Development to place information regarding said report on file for public inspection. (2) Consider a motion setting a public hearing for August 12, 1980, to receive citizen comments concerning an application for metro entitlement funding for the third year of the Lower Ralston Creek Neighborhood Revitalization Project. (3) Consider resolution setting public hearing on August 12, 1980, on the disposition of public property to Thomas and Marilyn Alberhasky. G S;Z_ Agenda Regular Council Meeting July 29, 1980 7:30 P.M. Page 3 Item No. 2. cont'd. e. Correspondence. (1) Letter from Johnson County Board of Supervisors regarding the annexation and rezoning of the Waters' property. This letter was distributed to the Council at the meeting of July 15. A copy of the reply to this letter is attached to the agenda. (2) Letter from Clara Oleson informing the City Council of a claim in behalf of Linda Eaton. This matter has been referred to the legal staff. (3) Letter from John and Carolyn Gross extending an offer to purchase property. (Pickard Street ROW between Friendly and Highland). This letter has been referred to the City Manager for reply. (4) Letter from Ronald and Jacalyn Askin regarding construction of the Arbor Hill residential development. This letter has been referred to the City Manager for reply. (5) Letter from Johnson County HACAP requesting a representative of the City be appointed to the HACAP Advisory Board. The City Manager will reply after the City Council makes a recommendation. (6) Letter from Max and Martha VanKirk extending an offer to purchase property (Pickard Street ROW between Highland and Friendly). f. Applications for City Plaza Use Permits. (1) Application from Dairy Queen to vend ice cream products. (approved - pending receipt of certificate of insurance). (2) Application from Iowa City/Johnson County Arts Council for ten events to be held during the month of July. (approved) (3) Application from KXIC to broadcast from City Plaza and furnish free food on Sidewalk Days. (approved) (4) Application from KRNA to broadcast from City Plaza on Sidewalk Days. (approved) (5) Application from Ms. Lisa Lilly of Office of Student Activities, University of Iowa, for the use of City Plaza for a Homecoming Dance on October 18, 1980. (denied) Agenda Regular Council Meeting July 29, 1980 7:30 P.M. Page 4 Item No. 2. cont'd. g. Applications for the Use of Streets and Public Grounds. (1) Application from Sharon Doran's Academy of Science and Hairdesign for the use of sidewalks to cut hair on Sidewalk Days. (approved) (2) Application from Chamber of Commerce for use of sidewalks for Sidewalk Days. (approved) (3) Application from University of Iowa Homecoming Council to have the Homecoming Parade on October 17, 1980. (approved) (4) Application from Johnson County Coalition for the Iowa Equal Rights Amendment for the use of Blackhawk Minipark on August 16, August 30, September 6, October 3 and October 23. (approved) (5) Application from American Diabetes Association for the use of Blackhawk Minipark on August 25, September 6, and September 30. (approved) (6) Application from Johnson County/Iowa City National Organi= zation for Women to have an "Equal Rights Amendment Walk 80" on August 23, 1980. (approved pending receipt of certificate of insurance.) (7) Application from American Diabetes Association to have the Hawkeye Area Diabetes Bike Ride on September 28, 1980. (approved - pending receipt of certificate of insurance.) (8) Application from Regina High School to have a Fall Fun Festival Run on August 30, 1980. (approved) END OF CONSENT CALENDAR. Item No. 3 - PLANNING AND ZONING MATTERS. a. Consider setting a public hearing on August 12, 1980 to open Melrose Court to motor vehicular traffic from only Greenwood Drive. b. Consider a recommendation of the Planning and Zoning Commission to forward a recommendation of approval of the final plat of Spring Valley Subdivision to the City of Coralville. S-8010. C. Consider a recommendation of the Planning and Zoning Commission regarding the northerly alignment for Foster Road. Gsz Agenda Regular Council Meeting July 29, 1980 7:30 P.M. Page 5 Item No. 3. cont'd. d. Consider a resolution approving the preliminary and final large scale residential development plan of Riverside Court Apartments (Courtview Terrace). S --8004A. e. Consider a resolution approving the preliminary and final large scale residential development plan of Arbor Hill, Phase II (Part 1). S-8009. f. Consider an ordinance to vacate Pickard Street between Friendly and Highland Avenues. V-8003. (first consideration) g. Consider an ordinance vacating an alley running east and west in Block 2 of Cook, Sargent and Downey's Addition (west of Gilbert Street and south of Kirkwood Avenue). V-8002. (passed and adopted) Item No. 4 PUBLIC DISCUSSION. Item No. 5 - PUBLIC HEARING ON AN ORDINANCE TO ADOPT THE 1979 EDITION OF THE Item No. 12 PUBLIC, HEARING ON THE PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND COST ESTIMATE FOR THE CONSTRUCTION OF THE 1979 RDI SECOND ADDITION IMPROVEMENTS. 4;w9d'Z UNIFORM BUILDING CODE OF THE INTERNATIONAL CONFERENCE OF BUILDING OFFICIALS. Item No. 6 PUBLIC HEARING ON AN ORDINANCE TO ADOPT THE 1979 EDITION OF THE UNIFORM MECHANICAL CODE AS PREPARED BY THE INTERNATIONAL CONFERENCE OF BUILDING OFFICIALS. Item No. 7 - PUBLIC HEARING ON AN ORDINANCE TO ADOPT THE 1979 EDITION OF THE UNIFORM BUILDING CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS AS PREPARED BY THE INTERNATIONAL CONFERENCE OF BUILDING OFFICIALS. Item No. 8 - PUBLIC HEARING ON AN ORDINANCE TO ADOPT THE 1979 EDITION OF THE UNIFORM PLUMBING CODE AS PREPARED BY THE INTERNATIONAL ASSOCIATION OF PLUMBING AND MECHANICAL OFFICIALS. Item No. 9 - PUBLIC HEARING ON A PROPOSED AMENDMENT TO THE HOLD HARMLESS ENTITLEMENT COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AND BUDGET. Item No. 10 - CONTINUE PUBLIC HEARING DEFERRED FROM JULY 15, 1980, ON THE PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND COST ESTIMATE FOR THE CONSTRUC- TION OF THE MERCER PARK CONCESSION/RESTROOM BUILDING. Item No. 11 - CONSIDER RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND COST ESTIMATE FOR THE CONSTRUCTION OF THE MERCER PARK CONCESSION/ RESTROOM BUILDING AND AUTHORIZING BIDS TO BE RECEIVED AUGUST 19, 1980 AT 10:00 A.M. Item No. 12 PUBLIC, HEARING ON THE PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND COST ESTIMATE FOR THE CONSTRUCTION OF THE 1979 RDI SECOND ADDITION IMPROVEMENTS. 4;w9d'Z Agenda Regular Council Meeting July 29, 1980 7:30 P.M. Page 6 0 Item No. 13 CONSIDER RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND COST ESTIMATE FOR THE CONSTRUCTION OF THE 1979 BDI SECOND ADDITION IMPROVEMENTS. Item No. 14 •- PUBLIC HEARING ON THE PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE RENOVATION OF AIR CONDITIONING AND HEATING SYSTEMS AT THE CIVIC CENTER BUILDINGS. Item No. 15 - CONSIDER RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE RENOVATION OF AIR CONDITIONING AND HEATING SYSTEMS AT THE CIVIC CENTER BUILDINGS. Item No. 16 4 RECOMMENDATIONS OF THE BOARDS AND COMMISSIONS. a. Consider recommendations of the Riverfront Commission: (1) The Commission has no objections to the sale of that portion of the existing sewage treatment plant site which includes the two sludge lagoons, the pump house, and the grit chamber to the University of Iowa. (2) The Commission recommends that the City retain a strip along the east bank of the Iowa River and retain an area south of a line approximately due east of the outfall sewer which includes the two lagoons south of said line, and to retain easement for access to the area along the west bank of Ralston Creek. b. Consider recommendation of the Resources Conservation Commission that the City Council adopt the "Policy Paper: Energy Conservation in Municipal Transportation" as a guideline for municipal transportation policy issues. Item No. 17 - ANNOUNCEMENT OF VACANCIES. a. Board of Appeals < One vacancy for an unexpired term ending December 31, 1982 (John Penick resigned). This appointment will be made at the September 9 meeting of the City Council. Item No. 18 CITY COUNCIL INFORMATION. Item No. 19 - REPORT ON ITEMS FROM THE CITY MANAGER AND CITY ATTORNEY. a. City Manager. b. City Attorney. Item No. 20 - CONSIDER A RESOLUTION AUTHORIZING THE CITY MANAGER TO SIGN A CONTRACT WITH HLM ENGINEERS TO PROVIDE PROFESSIONAL CONSULTING SERVICFS REGARDING THE UNDERGROUNDING OF UTILITIES PROJECT IN THE CENTRAL BUSINESS DISTRICT. 6sz Agenda Regular Council Meeting July 29, 1980 7:30 P.M. Page 7 Item No. 21 - CONSIDER A RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST CONTRACT FOR THE LOWER CITY PARK BIKE TRAIL - FY81 TO L.L. PELLING CO., INC. OF IOWA CITY, IOWA. Item No. 22 t CONSIDER RESOLUTION AUTHORIZING A PERMANENT EASEMENT TO THE OWNER OF 211 IOWA AVENUE TO ALLOW FOR THE CONSTRUCTION OF A CONCRETE AND STEEL RAMP TO ACCOMMODATE HANDICAPPED PATRONS. Item No. 23 - RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST A THIRD RENEWAL OF A 28E AGREEMENT BETWEEN IOWA CITY AND JOHNSON COUNTY FOR TRANSIT SERVICES. Item No. 24 - CONSIDER RESOLUTION AMENDING THE PURCHASING MANUAL OF THE CITY OF IOWA CITY. Item No. 25 4 CONSIDER A RESOLUTION AMENDING THE NUMBER OF AUTHORIZED PERMAMENT POSITIONS IN THE FINANCE DEPARTMENT. Item No. 26 _ ADJOURN TO MEETING OF AUGUST 6, 1980 AT 1:00 P.M. /05z AGENDA ADJOURNED COUNCIL MEETING CONFERENCE ROOM AUGUST 6, 1980 1:00 P.M. Item No. 1 - MEETING TO ORDER. ROLL CALL. Item No. 2 OPEN THE MEETING FOR THE PURPOSE OF RECEIPTS OF BIDS FOR THE SALE OF $2,570,000 GENERAL OBLIGATION BONDS. a. Receive sealed bids which are not yet opened. b. Call for oral bids from those present. C. Close oral bids. d. Open and review the sealed bids received. e. Tabulation of bids. Item No. 3 -- CONSIDER RESOLUTION DIRECTING SALE OF $2,570,000 GENERAL OBLIGATION BONDS. Item No. 4 - MOTION TO RETURN CHECKS OF UNSUCCESSFUL BIDDERS. Item No. 5 4 ADJOURNMENT. Gsz 0 RESOLUTION NO. 80-318 RESOLUTION APPROVING PRELIMINARY AND FINAL LARGE SCALE RESIDENTIAL DEVELOPMENT FOR RIVERSIDE COURT APTS. VHEREAS, the owner, Myrtle Avenue Properties, has filed with the City Clerk of Iowa City, Iowa, and application for approval for a large scale residential development for the following described premises located in Iowa City, Johnson County, Iowa, to -wit: Lots 2 and 7 in the subdivision of Lot 3, Sec. 16, Twp. 79 N., R. 6 West of the 5th P.M., according to the plat thereof recorded in Deed Record 36, page 234, of the records of Johnson County, Iowa, except so much thereof as lies South of the North line of the right of way of the Chicago, Rock'Island and Pacific Railway Company, and excepting the following part thereof: Commencing at the intersection of the North line of said Lot 2 as established by decree in Court Record JJ, page 306, District Court Records of Johnson County, Iowa, with the West line of Riverside Drive, as shown on plat recorded in Plat Book 4, page 96, Plat Records of said County; thence West 275 feet; thence South to the North line of said Railway right of way; Thence Northeasterly along the North line of said Railway right of way to the West line of Riverside Drive; thence North to the place of beginning. Also a right of way over the North 25 feet of said excepted tract last above described. Lot B of Subdivision of part of Lot One (1) of Government Lot Three (3) in Section 16, Township 79 North, Range 6 West of the 5th P.M., as shown recorded in Plat Book 4, page 387, Plat Records, Johnson County, Iowa. WHEREAS, said property is owned by the above-named party and dedications are required and have been submitted; and, r" 4' z WHEREAS, the•Department of Planning and Program Development and the Public Works Department have examined the proposed large scale residential development and have approved the same; and, WHEREAS, the said large scale'resi�dAtial 46velopment has been examined ny the Planning and-Zoning,Commission`and after due deliberation said Commission has recommendea that it be accepted and approved. F F 0 JULA ILO 19A0 ABBIE STOLFUS CITY CLERK GS3 -APPF WHEREAS, said large scale residential development is found to conform with requirements of the City ordinances of the City of Iowa City, Iowa. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the said plan is hereby approved as a large scale'residential development. 2. 'That the said large scale residential development shall conform with all the requirements of the City of Iowa City, Iowa, pertaining to large scale residential develop- ments. 3. That the City Clerk of the City of Iowa City, Iowa, is hereby authorized and directed to certify a copy of this resolution to the Office of the County Recorder of Johnson County, Iowa, after final passage and approval as authorized by law. Passed and approved this 29th day of July , 1980. It was moved Dy Vevera and seconded Dy Perret that the Resolution as:read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: BALMER x ERDAHL x LYNCH x NEUHAUSER x PERRET x ROBERTS x VEVERA x OR ATTEST: Z211Z C-ITY CLERK Rec?ivad & Approved By The Legal Department so . S RESOLUTION APPROVING PRELIMINARY A14D FINAL LARGE SCALE RESIDENTIAL DEVELOPMENT PLANS FOR ARBOR HILL - PHASE TWO;'IOTfA CITY, IOWA RESOLUTION NO. 80-319 V7HEREAS, the owner and proprietor, Bruce R. Glasgow, has filed with the City Clerk Preliminary and Final Large Scale Residential Development Plans of the following -described property located in Johnson County, Iowa, to -wit: Commencing at the Southeast Corner of the Northeast Quarter, of the Southwest Quarter, of Section 12, Township 79 North, Range 6 West of the 6th. Prime Meridian; Thence :40033100"E, 30.00 feet to the North Right-of-way of Washington Street, and the Point of Beginning; Thence N89033100"W, 408.44 feet along the North Right -of -Way of Washington Street; Thence NO 27000"E, 408.00 feet; Thence N89033100"W, 354.63 feet to the East Right -of -Way of Green Mountain Drive; Thence Northeasterly 51.31 feet on a 290.65 foot radius curve, concave sou8heasterly, and whose 51.24 foot Chord Bears N15 05153"E; Thence Northeasterly 219.28 feet on a 417.85 foot Radius Curve, concave Southeasterly, and whose 216.78 foot Chord Bears 1x36024'33"E; Thence N15026'36"E, 186.32 feet; Thence Northeasterly 218.86 feet, on a 430.00 foot Radius Curve, concave Northwesterly, and whose 216.51 foot Chord Bears N36051943"E, all along the Easterly Right -of -Way line of Green Mountain Drive; Thence S69059'19"E, 371.75 feet, Thence 50032141"W, 193.94 feet; Thence 50029120"V4, 606.06 feet to the Point of Beginning. Said tract of land containing'10.10 acres more or less. WHEREAS, said property is owned by the above-named person and the dedication has been made with the free consent and in accordance with the desires of the proprietor. WHEREAS, said Preliminary and Final Large Scale Residential Development Plans have been examined by the Planning and Zoning Commis® , ion and it has been recommended that said plane be accepted and approved. WHEREAS, said Preliminary and Final Large Scale Residential Plans are found to conform with the 1979 Code of Iowa, and all other statutfrEy_ r, Q5, 4rements. W69f3V Q'HIIR�ORE;' 17' IS RESOLVED by the City Council of Iowa City, Iowa;ifthat�said Preliminary and Final Large Scale Residential ,- . Development Plans locatejg on the above-described property are hereb ! ,' '' y �pproved; anfl•tha­dedications as by law provided are hereby accepted, contingent upon the revision of the sanitary sewer easements and the subdividers agreement and the approval of the con- struction plans fo• ':e sanitary s, ^r by the Engineering Division. G5-457' BE IT FURTHER RESOLVED that the City Clerk of Iowa City, Iowa is hereby authorized and directed to certify a copy of this Resolution to the County Recorder of'Johnson County, Iowa. Passed and approved this 29th day of July 1 1990. L 1 , / mildIrmse, a 0 It was moved by L nch and seconded by Vevera that the Resolution as res e adopted, and upon roll cam tT were: AYES: NAYS: ABSENT: x BALMER x ERDAHL x LYNCH x NEUHAUSER x PERRET x ROBERTS x VEVERA t CUA CFFLZV c?� d3BIE 2 01111:1' 1111 s q lc.,,, 6S4 RESOLUTION NO. 80-320 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE 1979 BDI SECOND ADDITION IMPROVEMENTS. WHEREAS, notice of public hearing on the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project was published as required by law, and the hearing thereon held. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: That the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project are hereby approved. It was moved by Lynch and seconded by Erdahl the Resolution 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 29th day of July 1980. AYOR ATTEST: C TY CLERK Q.er:6fvt� l� �l�•tt•Y{� By The Iegal Deparhn-ert �S -Y-ZY'56 .1s 7 This being the time and place fixed for a public hearing on the matter of the adoption of plans, specifications, form of contract, and estimated cost for the construction of the 1979 BDI Second Addition Improvements, the Mayor called for any oral objections to the making of said improvements, or to the adoption of the plans, specifications, form of contract or estimate of cost. No oral objections were offered and the Clerk reported that no written objections thereto had been filed. 1oa5 C RESOLUTION NO. 80-321 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE RENOVATION OF AIR CONDITIONING AND HEATING SYSTEMS AT THE CIVIC CENTER BUILDINGS ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECT- ING CITY CLERK TO PUBLISH NOTICE TO BIDDERS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. WHEREAS, notice of public hearing on the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project was published as required by law, and the hearing thereon held. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the plans, specifications, form of contract, and estimate of cost for the cpnstruction of the above-named project are hereby approved. 2. That the amount of bid security to accompany each bid for the construction of the above-named project shall be in the amount of 5% of bid payable to Treasurer, City of Iowa City, Iowa. 3. That the City Clerk is hereby authorized and directed to publish notice for the receipt of bids for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the city not less than four (4) nor more than twenty (20) days before the date established for the receipt of bids. 4. That bids for the construction of the above-named project are to be received by the City of Iowa City, Iowa, at the Office of the City Clerk, at the Civic Center, until 10:00 a.m. on the 19th day of August 1980. Thereafter, the bids will be opened by the City Engineer or his designee , and thereupon referred to the Council of the City of Iowa City, Iowa, for action upon said bids at its next meeting to be held at the Council Chambers, Civic Center, Iowa City, Iowa, at 7:30 p.m, on the 26th day of August , 1980 9 �vsf Page 2 Resolution No. 80-321 It was moved by Vevera and seconded by Erdahl that the Resolution asrea eopte�, and upon roll ca t ere were: AYES: NAYS: ABSENT: x Balmer x Erdahl x Lynch x Neuhauser x Perret x Roberts x Vevera Passed and approved this 29th day of July , 19 80. ATTEST: allul lwtv CITY CLERIC fiecs�, ed i3 Approvad By ;he L'egai OaPad"er.P G,Go �Iv RESOLUTION NO. 80-322 RESOLUTION AUTHORIZING EXECUTION OF CONTRACT WHEREAS, the City of Iowa City, Iowa, -has negotiated a contract with HLM Ehaineers. Inc. a copy of said contract being attached to this Resolution and by this reference made a part hereof, and WHEREAS, the City Council deems it in the public interest to enter into said contract for professional consulting services regarding the undergrounding of utilities project in the Central Business District. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL: 1. That the Mayor and City Clerk are hereby authorized and directed to execute the Agreement with HLM Engineers, Inc. 2. That the City Clerk shall furnish copies of said Agreement to any citizen requesting same. It was moved by Lynch and seconded byyevera the Resolution 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 v ATTEST: City Clerk day of JUly r 1980• Received & Approved By The Legal Department ^� I - Zy -To 41& MW CONTRACT FOR PROFESSIONAL SERVICES THIS AGREEMENT entered into as of the 24 day of July , 1980, by and between the City of Iowa City, Iowa (hereinafter referred to as the "City') and HLM Engineers, Incorporated, a registered professional engineering corporation licensed under the laws of the State of Iowa (hereinafter referred to as the "Consultant"), , WITNESS: WHEREAS, the City has entered into a grant contract with the United States of America providing for financial aid to the City under Title I of the Community Development Act of 1974 as amended to date; and WHEREAS, pursuant to such contract, the City is undertaking certain activities necessary for the undergrounding of electrical utilities in the Central Business District situated in the Community Development Block Grant area; and WHEREAS, the City desires to engage the Consultant to render certain technical advice and assistance in connection with such undertakings of the -City: NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: A. Scope of Services The Consultant shall perform all the necessary services provided under this contract in connection with and respecting the following project: r Consulting assistance to complete the undergrounding of electrical utility services in the Central Business District, and shall do, perform, and carry out in a satisfactory and proper manner as determined by the City the following: 1. Investigate existing electrical services servicing structures and devices in the Central Business District, consult with City staff and Utility Company Representatives. 2. Design new services and/or modify existing electrical services to comply with the appropriate City and National Electrical Codes, and Utility Requirements. 3- Provide preliminary cost estimates for the construction. 4. Provide final cost estimates for construction. GGA a 2 5. Review equipment shop drawings. 6. Attend project meetings. 7. Assist the City in the formal advertisement for competitive bids including bid opening, review and recommendations forewarned. r 8. Assist the City in job inspection of work under construction. 9. Assist the City in conducting final inspection for project close-out. 10. Assist the City in monitoring the contractor for Davis - Bacon, equal empjoyment opportunity and other federal regulations associated with contracting utilizing federal financing assistance. B. Time and Sequence of Performance The services of the Consultant execution of this contract and completed in such sequence as completion of this contract; but services required hereunder shall 1981. C. Compensation are to commence upon the shall be undertaken and to assure the expeditious in any event, all of the be completed by June 30, Compensation for services performed shall be based upon the number of hours actually spent on the job at the hourly rate set forth below: Principal Engineer Associate Engineer Technicians Clerical $50.00 per hour $35.00 per hour $25.00 per hour $15.00 per hour The above fees include compensation for all expenses and overhead except as specified in paragraph D, Direct Costs, below. The Consultant shall maintain accurate detailed records which shall remain open to inspection by the City, and in any event shall be presented to the City for inspection upon request. 6G3 3 D. Direct Costs The Consultant shall be reimbursed for actual direct costs which shall include expenses for telephone, postage, reproduction and printing costs and actual amounts incurred in connection with the performance of the work required under this contract. E. Maximum Compensation It is expressly understood and agreed that in no event will the total compensation and reimbursement, to be paid hereunder, exceed the maximum sum of fifteen thousand dollars ($15,000) for services under this contract. The City will reserve the right to audit any charges for which it is billed. F. Method of Payment Compensation for professional services rendered and direct costs incurred shall be paid monthly at the end of each calendar month, however, the Consultant shall certify to the City at the end of each monthly period for which compensation is expected, the detailed account of the number of hours actually performed under the contract according to job description, together with the detailed account of direct costs for which reimbursement is expected. G. Terms and Conditions The City will have the right to reproduce any and all documents and prints, developed for this program, without limit or additional fees. This agreement is subject to and incorporates by reference the provisions attached hereto as Part II Terms and Conditions. IN WITNESS, WHEREOF, this Agreement has been executed by the City and by the Consultant as of the date first written above. ATTEST: CITY OF IOWA CITY, IOWA Ql�� —1L Abbie Stolfus, City C erk ATTEST: CITY OF WA ITY, IOWA Neal G. Berlin, City Manager ATTEST: HLM ENGINEERS, INC. Ro ert 0. Bradley, Principal Received j� By rF,�7L-19.1 ��nt lo.S PART I1 - TERMS AND CONDITIONS 1. Termination of Contract for Cause. If, through any cause, the Contractor shall fail to fulfill in timely and proper manner his obligations under this Contract, or if the Contractor shall violate any of the covenants, agreements, or stipulations of this Contract, the City shall thereupon have the right to terminate this Contract by giving written notice to the Contractor of such termination and specifying the effective date thereof, at least five days before the effective date of such termination. In such event, all finished or unfinished documents,, data, studies, and reports prepared by the Contractor under this Contract shall, at the option of the City, become its property and the Contractor shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents. Notwithstanding the above, the Contractor shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the Contract by the Contractor, and the City may withhold any payments to the Contractor for the purpose of setoff until such time as the exact amount of damages due the City from the Contractor is determined_ 2. Termination for Convenience of the City. The City may terminate this.Contract any time by a notice in writing from the City to the Contractor. If the Contract is terminated by the City as provided herein, the Contractor will be paid an amount which bears the same ratio to the total compensation as the services actually performed bear to the total services of the Contractor covered by this Contract, less payments of compensation previously made: Provided, however, that if less than sixty per cent of the services covered by this Contract have been performed upon the effective date of such termination, the Contractor shall be reimbursed, in addition to the above payment, for that portion of the actual out-of-pocket expenses not otherwise reimbursed under this Contract incurred by the Contractor during the Contract period which are -directly attributable to the uncompleted portion of the services covered by this Contract. If this Contract is terminated due to the fault of the Contractor, Section 1 hereof relative to termination shall apply. 3. Changes. The City may, from time to time, request chances in the scope of the services of the Contractor to be performed hereunder. Such changes, including any increase or decrease in the, amount of the Contractor's compensation which are mutually agreed upon by and between the City and the Contractor, shall be incorporated in written amendments to this Contract. 4. Personnel. a. The Contractor represents that he has, or will secure at his own expense, all personnel required in performing the services - under --this Contract. Such personnel shall not be employees of or have any contractual relationship with the City. b. All the services required hereunder will be performed by the Contractor or under his supervision, and all personnel engaged in the work shall be fully qualified and shall be authorized or permitted under State and local law to perform such services. 444 c. No person who is serving sentence in a penal or correctional institution shall be employed on work under this Contract. 5. Anti -Kickback Rules. Salaries of architects, draftsmen, technical engineers, and technicians performing work under this Contract shall be paid unconditionally and not less often than once a month without deduction or rebate on any account except only such payroll deductions as are mandatory by law or permitted by the applicable regulations issued by the Secretary of Labor pursuant to the "Anti -Kickback Act" of June 13, 1934 (48 Stat. 948; 62 Stat. 740; 63 Stat. 108; title 18 U.S.C., section 874; and title 40 U.S.C., section 276c). The Contractor shall comply with all applicable "Anti -Kickback" reoulations and shall insert appropriate provisions in all subcontracts covering work under this Contract to insure compliance by subcontractors with such regulations, and shall be responsible for the submission of affidavits required of subcontractors thereunder except as the Secretary of Labor may specifically provide for variations of or exemptions from the requirements thereof. 6. WitCholdinq of Salaries. If, in the performance of this Contract, there is any underpayment of salaries by the Contractor or by any subcon- tractor thereunder, the City shall withhold from the Contractor out of payments due to him an amount sufficient to pay to employees underpaid the difference between the salaries required .hereby to be paid and the salaries actually paid such employees for the total number of hours worked. The amounts withheld shall be disbursed by the City for and on account of the Contractor or subcontractor to the respective employees to whom they are due, and such amounts shall be treated as an offset to total payment for services and expenses obligated hereunder. 7. Claims and Disputes Pertaining to Salary Rates. Claims and disputes pertaining to salary rates or to classifications or architects, draftsmen, technical engineers, and technicians performing work under this Contract shall be promptly reported in writing by the Contractor to the pity for the latter's decision which shall be final with respect thereto. 8. Equal Employment Opportunity. During the performance of this Contract, the Contractor agrees as follows: a. To comply with Executive Order 11246, entitled "Equal Employment Opportunity: as amended by Executive Order 11375, and supplemented in Department of Labor Regulations (41 CER, Part 60). b. The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, creed, sexual preference, age, disability, marital status, or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual preference, age, disability, marital status, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, 0O 4'/ a or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. =c. The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual preference, age, disability, marital status, or national origin. d. The Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or workers' representative of the contractor's commitment under section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. -e. The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. f_ The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance = with such rules, regulations, and orders. g. In the event of Contractor's noncompliance with the nondiscrim- ination clauses of this contract or with any of such rules, regulations, or orders, this contract may be canceled, terminated or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law_ i_ The Contractor will include the provisions of paragraph (a) through (g) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 20_4 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as may be directed by the Secretary of Labor as a means of enforcing such -provisions including sanctions for noncompliance: Provided, however, that in the event the Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction, the Contractor may request the United States to enter into such litigation to protect the interests of the United States. j. Positive efforts shall be made by the Contractor to utilize small businesses and minority-owned business sources of supplies and services. 9. Discrimination Because of Certain Labor Matters. No person employed on the work covered by this contract shall be discharged or in any way discriminated against because he has filed any complaint or instituted or caused to be instituted any proceeding or has testified or is about to testify in any proceeding under or relating to the labor standards applicable hereunder to his employer. 10. Compliance With Local Laws. The Contractor shall comply with all applicable laws, ordinances, and codes of the State of Iowa, the County of Johnson and the City of Iowa City, and shall commit no trespass on any public or private property in performing any of the work embraced by this Contract. 11. Subcontracting. None of the services covered by this Contract shall be subcontracted without the prior written consent of the City. The Contractor shall be as fully responsible to the City for the acts and omissions of his subcontractors, and of persons either directly or indirectly employed by them, as he is for the acts and omissions of persons directly employed by him. The Contractor shall insert in each subcontract appropriate provisions requiring compliance with the labor standards provisions of this Contract. 12. Assignability. The Contractor shall not assign any interest in this Contract, and shall not transfer any interest in the same (whether by assignment or novation) without the prior written approval of the City. Provided, however, that claims for money due or to become due the Contractor from the City under this Contract may be assigned to a bank, trust company, or other financial institution, or to a Trustee in Bankruptcy, without such approval. Notice of any such assignment or transfer shall be furnished promptly to the City. 13. Interest of Members of Local Public Agency. No member of the governing body of the City, and no other officer, employee, or agent of the City who exercises any functions or responsibilities in connection with_ the carrying out of the Project to which this Contract pertains, shall have any personal interest, direct or indirect, in this Contract. No employee or agent of the City shall solicit nor accept gratuities, favors or any thing of monetary value -from contractors or potential contractors. 14. Interest of Other Local Public Officials. No member of the governing body of the locality in which the Project is situated, and no other public official of such locality, who exercises any functions or responsibilities in the review or approval of the carrying out of the Project to which this Contract pertains, shall have any personal interest, direct or indirect, in this Contract. 15. 'Interest Df Certain Federal Officials. No member of or Delegate to the Congress of the United States, and no Resident Commission, shall be admitted to any share or part of this Contract or to any benefit to arise herefrom_ 16. Interest of Contractor. The Contractor covenants that he presently has no interest and shall not acquire any interest, direct or indirect, in the above-described Project or any parcels therein or any other interest which would conflict in any manner or degree with the performance of his services hereunder. The Contractor further covenants that in the performance of this Contract no person having any such interest shall be employed. r 17. Findings Confidential. All of the reports, information, data, etc., prepared or assembled by the Contractor under this Contract are confidential and the Contractor agrees that they shall not be made available to any individual or organization without the prior written approval of the City. 18_ Compliance with Section 3 Requirements_ A_ The work to be performed under this contract is on a project assisted under a program providing direct Federal financial assistance from the Department of Housing and Urban Development and is subject to the requirements of section 3 of the Housing and Urban Development Act of 168, as amended, 12 U.S.C. 1701u_ Section 3 requires that to the greatest extent feasible oppor- tunitities for training and employment be given lower income residents of the project area and contracts for work in connection with the project be awarded to business concerns which are located in, or owned in substantial part by persons residing in the area of the project. B. The parties to this contract will comply with the provisions of said section 3 and the regulations issued pursuant thereto by the Secretary of Housing and Urban Development set forth in 24 CFR Part 135, and all applicable rules and orders of the Department issued thereunder prior to. the execution of this contract. The parties to this contract certify and agree that they are under no contractual or other disability which would prevent them from complying with these requirements_ C. The Contractor will send to each labor organization or representative of workers with which he has a collective bargaining agreement or other contract or understanding, if any, a notice advising the said labor organization or workers' 4740 W representative of his commitments under this section 3 clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment or training. D_ The Contractor will include this section 3 clause in every subcontract for work in connection with the project and will, at the direction of the applicant for or recipient of Federal financial assistance, take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in violation of regulations issued by the Secretary of Housing and Urban Development, 24 CFR Part 135. The Contractor will not subcontract with any subcontractor where it has notice of knowledge that the latter has been found in violation of regulations under 24 CFR Part 135 and will not let any subcontract unless the subcontractor has first provided it with a preliminary statement of ability to comply with the requirements of these regulations. E. Compliance with the provisions of section 3, the regulations set forth in 24 CFR Part 135, and all applicable rules and orders of the Department issued thereunder prior to the execution of the contract, shall be a condition of the Federal financial assistance provided to the project, binding upon the applicant or recipient for such assistance, its successors, and assigns. Failure to fulfill these requirements shall subject the applicant or recipient, its contractors and subcontractors, its successors, and assigns to those sanctions specified by the grant or loan agreement or contract through which Federal assistance is provided, and to such sanctions as are specificed by 24 CFR Part 135. 19. Iowa City Statement of Intent. A. The Company certifies that it does not maintain or provide for employees any segregated facilities at any of the establishments, and that the Company does not permit employees to perform their services at any location under his/her control where segregated facilities are maintained. The Company certifies further that it will not maintain or provide for the employees any segregated facilities at any of its establishments, and that the Company will not permit the employees to perform their services at any location under his/her control where segregated facilities are maintained. The Company agrees that a breach of this certification will be a violation of the Equal Opportunity clause in any contract resulting from acceptance of this bid. As used in this certification, the term 'segregated facilities' means any waiting rooms, work areas, restrooms and washrooms, restaurants and other eating areas, timeclocks, locker rooms, and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are illegally O(V 71 segregated by explicit directive or are in fact segregated on the basis of race,- color, religion, national origin, creed, age, sex, sexual orientation, marital status, and disability because of habit, local custom, or otherwise. The Company agrees that (except where it has obtained identical certifications from proposed subcontractors for specific time periods) the Company will obtain identical certifications from proposed subcontractors prior to the award of subcontractors. B. In accordance with the Affirmative Action Program of the City of Iowa City, the Company hereby agrees to file the 'Statement of Intent: Nondiscrimination and Equal Opportunity Statement' attached hereto when submitting its bid. EQUAL OPPORTUNITY CLAUSE 1. The Company states that it is an equal opportunity employer. Attention of bidders and proposed subcontractors is particularly called to the requirement for ensuring non-discrimination in the terms, conditions and privileges of employment including but not limited to advertising, recruiting, hiring, discharging, upgrading, accepting referrals from labor organizations, wages, and facilities _on the basis of race, color, creed, religion, national origin, age, sex, sexual orientation, marital status, and disability unless such disability is related to job performance in compliance with the Iowa City non-discrimination ordinance, the Iowa non-discrimination statute 601.A and Title VII of the Civil Rights Act. Bidders and proposed subcontractors are referred to the charts of 'Federal Regulations' for summary information regarding equal opportunity laws. 2. The Company agrees to comply with the contractual obligations for participants on Federal or Federally -assisted construction and/or non -construction projects as set forth in Executive Orders 11246 and 11375 and rules and regulations issued pursuant thereto. A. The City agrees to provide the best information available on the Federal requirements for Federal or Federally -assisted projects. B_ The City agrees to provide technical assistance to the Company to come into compliance with the Federal regulations. C. The Company agrees to provide the City with a copy of its Affirmative Action Program if the Federal regulations require such. G 7Z STAIEMEN'T OF INTENTION NON --D I SCR III I NAT) ON A14D EQUAL OPPORTUNITY STATEMENT This Company does hereby certify to the City of Iowa City that it is an equal opportunity employer and sets forth as a minimum the equal opportunity employment standards of Title VII of the U.S. Civil Rights Act of 1964, the Iowa nondiscrimination Statute 601.A, and the Iowa City Nondiscrimination Ordinance. These standards state that no person shall, in any way, be favored or discriminiated against because of race, color, creed, religion, sex, national origin, age, sexual orientation, marital status and disability. This Company does hereby certify to the City of Iowa City that it does not maintain or provide for its employees any segregated facilities or perq1its its employees to perform their services at any location under its control where segregated facilities are maintained. This Company agrees to comply with the City's Contract Compliance Program. When doing business with the City on a project funded in whole or in part by Federal money, it further agrees to comply with all Federal rules and regulations for contract compliance. This statement is submitted to comply with City's policy to advance equal opportunity principles in conducting the City's business. HLM ENGINEERS, INC. COMPANY EQUAL EMPLOYMENT OPPORTUNITY 0 FICER Robert O. Bradley ADDRESS OF THE EQUAL EMPLOYMENT OPPORTUNITY OFFICER 1100 Third StreetS E- r Rapids. Iowa 52401 PHONE NUI -',BER 351-3131 9� 73 L)/ RESOLUTION NO. 80-323 o !• RESOLUTIG.. .,.YARDING CONTRACT AND AUTHORI21..� .MAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT FOR THE CONSTRUCTION OF THE LOWER CITY PARK BIKE TRAIL - FY81 WHEREAS, L. L. Pelling Company, Inc. has submitted the best bid for the construction of the above-named project. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the contract for the construction of the above-named project is hereby awarded to L. L. Pelling Company, Inc. for $31,790.00 , subject to the condition th awardee secure adequate performance bond and insurance certificates. 2. That the Mayor is hereby authorized to sign and the City Clerk to attest the contract for the construction of the above-named project, subject to the condition that awardee secure adequate performance bond and #nsurance certificates. It was moved by Perret and seconded by Erdahl that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: 'ABSENT: x Balmer x Erdahl x Lynch x Neuhauser x Perret x Roberts x Vevera Passed and approved thin291h day of T„1. , 19 so . �j . MAYO ATTEST: CITY CLERK I kMeFrad a APPro,.sd By TP: Legal ;Jcpartmps:T S 7- zv - rU 6 7f CONTRACT THIS AGREEMENT, made and entered into this 29th day of July , 1980, by and between the City of Iowa City, Iowa party of .the first part, hereinafter referhed to as the "Owner" and L. L Rc //i Ma 02 party of the second part, hereinafter referred to as the "Contractor" WITNESSETH: That whereas the Owner has heretofore caused to be prepared certain plans, specifications and proposal blanks, dated the 12th day of June > 19 80, for Lower City Park Bike Trail - FY81 under the terms and conditions therein fully stated and set forth, and Whereas, said plans, specifications and proposal accurately, and fully describe the terms and conditions upon which the Contractor is willing to perform the work specified: NOW, THEREFORE, IT IS AGREED: 1. That the Owner hereby accepts the attached proposal of the Contractor for the work and for the sums listed therein. 2. That this Contract consists of the following component parts which , are made a part of this agreement and Contract as fully and absolutely as if they were set out in detail in this Contract: a. Addenda•Numbers b. "Standard Specifications for Highway and Bridge Construction", Series of 1977, Iowa Department of Transportation, Highway Division, plus current special provisions and supplemental specifications. c. Plans d. Notice of Public Hearing and Advertisement for Bids. CF -1 K e. Sp it Provisions f. Proposal g. This Instrument The above components are complementary and what is called for by one shall be as binding as if called for by all. 3.1 That payments are to be made to the Contractor in accordance with and subject to the provisions embodied in the documents made a part of this Contract. 4. That this Contract is executed in 3 copies. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals the date first written above. ATTEST- ATTEST: 14 (Title) City Clerk (Title) L (Company ficial ) t CF -2 U -} FORM OF PROPOSAL LOWER CITY PARK BIKE TRAIL - FY81 CITY OF IOWA CITY NOTE TO BIDDERS: PLEASE DO NOT USE THE FORM OF PROPOSAL INCLUDED IN THE BOUND VOLUME OF THE SPECIFICATIONS. SEPARATE COPIES OF THIS PROPOSAL WILL BE FURNISHED TO BIDDERS UPON APPLICATION TO THE ENGINEER. Name of Bidder V,_\., \e_,\V� p A ,_, L,,C_ Address of Bidder TO: City Clerk City of Iowa City Iowa City, Iowa 52240 The ndersigned bidder submits herewith bid security in the amount of $ 10 ' in accordance with the terms set forth in the "Standard Specifications", Article 1102.12. The undersigned bidder, having examined and determined the scope of the Contract Documents, hereby proposes to provide the required labor, services, materials and equipment and to perform the work as described in the Contract Documents, including Addenda , and — and do all work at the prices hereinafter set out. We further propose to do all "Extra Work" which may be required to complete the work contemplated, at unit prices or lump sums to be agreed upon in writing prior to starting such work, or if such prices or sums cannot be agreed upon to perform such work on a force account basis, as provided -in the "Standard Specifications". ESTIMATED UNIT EXTENDED ITEM DESCRIPTION UNIT UANTITY PRICE AMOUNT 1. Asphaltic cement concrete, Type A, mixt. size 3/8" Ton P-1 680 $ tAl �V TOTAL EXTENDED AMOUNT: SZ.:L,AO �1� The undersigned bidder certifies that this proposal is made in good faith, without collusion or connection with any other person or persons bidding on the work. The undersigned bidder states that this proposal is made in conformity with the Contract Documents and agrees that, in the event of any discrepancies or differences between any conditions of hi's proposal and the Contract Documents prepared by the City of Iowa City, the provisions of the latter shall prevail. (Seal - if bid is by a corporation PARTNERSHIPS: FURNISH FULL NAME OF ALL PARTNERS t FIRM:AL1 �.� , Q i Rr\ �r\ By: P-2 �-ltr� (Business Address EI � PERFORMANCE AND PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS THAT PpIlino Com an Inc., Iowa City, Iowa Here insert the name and addreBa or legal i a Principal, hereinafter called the Contractor and United Fire & Casualty Cedar Rapids, Iowa Here Sure as Surety, hereinafter called the Surety, are held and firmly bound onto the City of Iowa City, Iowa, as obligee, hereinafter called the Owner, in the amount of Thirty One Thousand Seven Hundred Ninety and No/100 Dollars ($31,790.00 ) for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written agreement dated 19�, entered into a Contract with Owner for... Lower City Park Bike Trail, Iowa City, Iowa In accordance with plans and specifications prepared by the City of Iowa City, which Contract is by reference made a part hereof, and is hereinafter referred to as the Contract. NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION are such that, if 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 obligations thereunder, the Surety may promptly remedy the default, or shall promptly: PB -1 u � s I . Complete +6- Contract in accordance wit' ":s terms and conditions, or 2. Obtain a bid or bids for submission to Owner for completing the Contract in accordance with its terms and conditions, and upon determination by Owner and Surety of the lowest responsible bidder, arrange for a contract between such bidder and Owner, and make available as work progresses (even though there should be.a default or a succession of defaults under the Contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the Contract Price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the Contract Price", as used in this paragraph, shall mean the total amount payable by Owner to Contractor under the Contract and any amendments thereto, less the amount properly paid by Owner to Contractor. C. The'Contractor and his Surety shall, in accordance with the provisions of Section 384 of the Code of Iowa be obligated to keep the improvements covered by this bond in good repair for a period of one (1) years from the date of acceptance of the improvements by the Owner. D. No right of action shall accrue to or for the use of any person or corporation other than the Owner named herein or the heirs, executors, administrators or successors of Owner. IT IS A FURTHER CO1'" " ION OF THIS OBLIGATION that . principal and Surety shall, in accordance with provisions of Chapter 573 of the Code of Iowa, pay to all persons, firms or corporations having contracts directly with the principal or with subcontractors all just claims due them for labor performed or materials furnished in the performance of the contract on account of which this bond is given. The provisions of Chapter 573, Code of Iowa, are a part of this bond to the same extent as if they were expressly set out herein. SIGNED AND SEALED THIS 139 �06 DAY OF IN THE PRESENCE OF: � /2 / Witness Witness L. L..PELLING COMPANY, INC. A.D., 19_Bk. ncM) BV4V&�Z 1_ q-", . tle UNITE (Buret By ` ^ Title Attorney -in -Fact and Iowa Resident Agent (V- Y KITED FIRE & CASUALTY COMPA HOME OFFICE - CEDAR RAPIDS, IOWA CERTIFIED COPY OF POWER OF ATTORNEY (Original on file at Home Office of Company - See Certification) KNOW ALL MEN BY THESE PRESENTS, Thatthe UNITED FIRE & CASUALTY COMPANY, a corporation duly organized and existing under the laws of the State of Iowa, and having its principal office in Cedar Rapids, State of Iowa, does make, con- stitute and appoint Patricia R. Zahn, or L. Pieratt, Jr., or David F. Freiermuth, or Theresa Juhl, or Veronica Monaghan, or Lowell Zapf, or Samuel M. Beatty, All Individually of Waterloo, Iowa its true and lawful Attorney(s)-in-Fact with power and authority hereby conferred to sign, seal and execute in its behalf all law- ful bonds, undertakings and other obligatory instruments of similar nature as follows: -- Any and all bonds -- and to bind UNITED FIRE & CASUALTY COMPANY thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of UNITED FIRE & CASUALTY COMPANY and all the acts of said Attorney, pursuant to the authority hereby given are hereby ratified and confirmed. The Authority hereby granted shall expire January 30, 1982 unless sooner revoked. This power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the Board of Directors of the Company on April 18, 1973. "Article V - Surety Bonds and Undertakings." Section 2, Appointment of Attorney -in -Fact. "The President or any Vice President, or any other officer of the Company, may, from time to time, appoint by written certificates attorneys -in -fact to act in behalf of the Company in the execution of Policies of insurance, bonds, undertakings and other obligatory instruments of like nature. The signature of any officer autho- rized hereby, and the Corporate seal, may be affixed by facsimile to any power of attorney or special power of attorney or cer- tification of either authorized hereby; such signature and seal, when sn used. being adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed. Such attorneys -m -Pact, subject to the limitations set forth in their respective certificates of authority shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto. The President or any Vice President, the Hoard of Directors or any other officer of the Com- pany may at any time revoke all power and authority previously given to any attorney-in-fact. IN WITNESS WHEREOF, the UNITED FIRE & CASUALTY COMPANY has caused these presents ' - ` `•• its vice president and its corporate seal to be hereto affixed this3Oth Please insert the date at the bottom Lary A.D. - Of the Power of Attorney, the some date used on the Contract and Bond, UNITED FIRE &CASUALTY COMPANY B State of Iowa, County of Linn, ss: POice President Onthis 30th dayofJanuary 1980 ,before mepersonally came Richard J. Ehlinger to me known, who being by me duly sworn, did depose and say: that he resides in Cedar Rapids, State of Iowa; that he is a Vice President of the UNITED FIRE & CASUALTY COMPANY, the corporation described in and which executed the above instru- ment; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. / ROGER G. HECI_IRH •� . MY COMNISStOH EOT XPIRES Notary Public r September 30, 1980 My commission expires September 30, 19 8 0 CERTIFICATION 1, the undersigned officer of the UNITED FIRE & CASUALTY COMPANY , do hereby certify that I have compared the fore- going copy of the Power of Attorney and affidavit, and the copy of the Section of the By -Laws of said Company as set forth in said Power of Attorney, with the ORIGINALS ON FILE IN THE HOME OFFICE OF SAID COMPANY, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect. u�sil""" In testimony whereof I have hereunto subscribed m name and affixed the corporate seal of the said .�krt •., Y P =w; CORRORLTi i =-1 i$= Company this day of 19 cl- UND'r/2'018"8"B Secretary f� K^ COPY FUR IHk CERTIFICA11: OF IN5IIRANCI v%lausau insurance Companies This is to certify that the insurance policies (described below by a policy number) written on forms to use by the company hove been issued. This certificate is not a policy or a binder of insurance and does not in any way alter, amend or extend the coverage afforded by any policy referred to herein. 'Jame and address of Insured I L.L. PELLING COMPANY, INC. Representative No.: 1470 R.R. 85, SCOTT BLVD. place: KANSAS CITY, h10 64141 IOWA CITY, IA 52240 Date Issued; 6 24 80 Region: CR—DES,KC L_ Kind of Coverage T Expiration Dole Policy Number ' Unless wherv.ne mdaoled, ilio policy affords lull coverage under the Workers Compensation laws of all stores (except states where coverage can be provided only by Workers State Funds. and Canada) and as designated In the policy and endorsements for eampemahcm • 1 6 1 81 0711 00 043681 Coverage B Employers Lability. Limits of Liability Bodily Injury 1100Property Damage Comprehensive General tnsmhfr S ♦ Each Occurrence s 500,000 Aggregate 00 b I Each Occurrence S 100,000 Aggregate Products Completed Operations: n Included ❑ Excluded Single Limn S Each Occurrence Contractual- All Written Contracts. K] Included Not Covered S Aggregate Owner,, Landlords S Each Occurrence S Each Occurrence and Tenons' Liability b Aggregate re ate Cmwaouvl Liability - S Each Occurrence S Each Occurrence Deagnaied Contracts Only S Aggregate Single Lime S Each Occurrence b Aggregate Autanmbda Liability b 1 81 0721 U7b Pur Person [All Owned Autos IN Hired and Non.vmed Autos S Per Acci dens s Per Accident EjSpecdmd Autos Only Single Limn b PIJU, UUU Per Accidenl Umbnellob bahilily 6 1 81 0721 03 043681 Each Occurrence s 2/ 500, 0�0 Aggregate Products Completed Operations S Retention Spectol Provisions/Locations/Specified Autos: ALL WORK Notnhstondm,g any requirement, term or condition of any contract or other document with respect to which this certificate may be issued or may penam, the Insurance allorded by the policy (polices) described above Is subject to all of the terms, exclusions and conditions of such policy (policies) during the lenn(s) thereof. I The entry of a number In this column means that the coverage is afforded by the company designated by the some numbe, Issued to: CITY OF IOWA CITY, CITY HALL IOWA CITY, IA 52240 Issued by (1.) EMPLOYERS INSURANCE Of WAUSAU A Mutual Company IA (2.) ILLINOIS EMPLOYERS INSURANCE OF WAUSAU (3.) WAUSAU UNDERWRITERS INSURANCE COMPANY (4.) WORLDWIDE UNDERWRITERS INSURANCE COMPANY Signed Authorized Company Representotive I .Isla ri15• U115511h U. ARTMENT OF HOUSING AND URBAN DENT -LC 11 C(,MTVNITY DEVELOPMENT BLOCK GRANT PRoi M CONTRACTOR'S CERTIFICATION CONCERNING LABOR STANDARDS AND PREVAILING WAGE REQUIREMENTS TO (gpp,oprinre Recipient): City of Iowa City, Iowa c/o Frank Farmer; Assistant City nngineer DATE July 23, 1990 PROJECT NUMBER (ffua}) PROJECT NAME Lower City Park Bike Trail - FY91 1. The undersigned, having executed a contract with__ City of f owa City, Iowa for the construction of the above -identified project, acknowledges that: (a) The Labor Standards provisions are included in the aforesaid contract; (b) Correction of any infractions of the aforesaid conditions, including infractions by any of his subcontractors and any lower tier subcontractors, is his responsibility; He certifies that: (a) Neither he nor any firm, partnership or association in which he has substantial interest is designated as an ineligible contractor by the Comptroller General of the United States pursuant to Section 5.6(b) of the Regulations of the Secretary of Labor, Part S (-99 CFR. Part ;)or pursuant to Section 3(a) of the Davis -Bacon Act, as amended (10 U.S.C. 276u -2(a)), (b) No part of lire aforementioned contract has been or will be subcontracted to any subcontractor if such sub- contractor or any firm, corporation, partnership or association in which such subcontractor has a substantial interest is designated as an ineligible contractor pursuant to any of the aforementioned regulatory or statutory provisions. 3. He agrees to obtain and forward to the aforementioned recipient within ten days after the execution of any subcontract, including those executed by his subcontractors and any lower tier subcontractors, a Subcontractor's Certification Concerning Labor Standards and Prevailing Wage Requirements executed by the subcontractors. 4. He certifies that: (a) The legal name and the business address of the undersigned are: L. T,. Pelling Company, Inc. ^V)7 S-ott Blvd., Iowa City, Iowa igned is: (1) A SINGLE PROPRIETORSHIP (3) A CORPORATION ORGANIZED IN THE STATE OF Tow' I (2) A PARTNERSHIP (4) OTHER ORGANIZATION'b"Scubf) (c) The name, title and address of the owner, partners or officers of the undersigned are: NAME TITLE ADDRESS Lloyd L. Pelting President; 2017 Hl'Iff'wood, Inwn City, Ia. lio-ci R. Heizherger I Vice President I 73'i 2')th St. N.E., Cedar R Jilli•ul R, felling I Secretary I . "T' Flu'i'::ood. Co::a Ci HUD -1471 (6-75) ie.,I; RESOLUTION NO. 80-324 ` RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST A THIRD RENEWAL OF A 28E AGREEMENT BETWEEN IOWA CITY AND JOHNSON COUNTY FOR TRANSIT SERVICES WHEREAS, it is in the public interest to provide transit services to Iowa City residents who have special transit needs due to age or handjFap, and 'WHEREAS, Johnson County SEATS program is designed to provide special elderly and handicapped transit services, and WHEREAS; Iowa City and Johnson County have entered into a 28E Agreement for purposes of providing such services, which Agreement has been recorded in the Johnson County Recorder's Office, and WHEREAS, a Renewal Agreement has now been negotiated in order to con- tinue said delivery of special transit services to Iowa City residents. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY that the Mayor is hereby authorized to execute and the Clerk to attest said Renewal Agreement, and to direct that said Agreement be filed with the Secretary of State and the County Recorder as required under Chapter 28E, Code of Iowa 1979. -It was moved by Ferret and seconded by Erdahl 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 29th day of July 19 80 Mayor ATTEST: R"V i Approved ,t City Clerk By The UTal De"Offmni Z i 16ad �5� THIRD RENEWAL NN AGREEMENT OF TRANSIT SERVICES This renewal agreement is entered into by and between Johnson County,,Iowa and the City of Iowa City, Iowa, both municipal cor- porations. Whereas, the parties hereto wish to renew their agreement for transit services which is recorded in Book 501 at page 303 in the Office of the Johnson County Recorder: Now therefore, be it agreed by and between Johnson County, Iowa, and the City of Iowa City, Iowa, as follows: 1. The third renewal term of this agreement shall commence July 1, 1980 and continue for one year through and including June 30,-1981. 2. Paragraph 4(A) of the original agreement, as amended, is further amended by deleting the entire language thereof and sub- stituting the following: "The County shall operate sufficient vehicles.within the corporate limits of Iowa City to provide approxi- mately 85 vehicle hours of service per week; actual hours of operation shall be set by Johnson County through its Board of Supervisors." 3. Paragraph 4(C) of the original agreement, as amended, is further amended by deleting the entire language thereof and substitu- ting the following:' "The County shall request a fifty cent one-way donation to help defray operating costs. All such donations will be retained by the County to help defray operating costs." 4. In consideration of the County's agreement to provide special elderly and handicapped transit service as herein provided, the -2 - City of Iowa City agrees to pay to Johnson County the sum of $32,500.00 for the one-year period covered by this contract. 5. In all other respects the or.i•ginal agreement, as amended, between 'the parties remains in full force and effect. 6. This renewal agreement shall be filed with the Secretary of the State of Iowa and the County Recorder of Johnson County, Iowa. Dated this 30thday of July 1980. CITY OF IOIVA CITY, IOWA JOHNSON COUNTY, IOWA Of Y: BY: ohn Balmer arold Donnelly, Chairman Mayor Board of Supervisors Attest: — aL zcz - City Clerk Attest: .,y Raeeiv� 6 Appnved By The Loyal D"mrfmsnl G�7 RESOLUTION NO. 80-325 RESOLUTION AMENDING THE PURCHASING MANUAL WHEREAS, the City Council of Iowa City adopted a Centralized Purchasing Division in 1974, and WHEREAS, the City Council established Purchasing Policies and Procedures for the City of Iowa City, Iowa, and WHEREAS, the City Council deems it in the public interest to amend its established Purchasing Policies and Procedures dated October, 1974, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, 1. That a revised Purchasing Manual be accepted by the City of Iowa City. 2. That the new Purchasing Manual be implemented September 1, 1980. It was moved by Vevera and seconded by Lynch that the resolution as read be adopted, and upon roll call t ere were: AYES: NAYS: ABSENT: x Balmer x Erdahl x Lynch x Neuhauser x Perret x Roberts x Vevera Passed and approved this 29th day of July 1980. YR ATTEST: CI TY CLER Received & Approved B_The Legal Department a Gff8 Councilurember Vevera introduced the following Resolution entitled "RESOLUTION DIRECTING SALE OF $2,570,000 GENERAL OBLIGATION BONDS," and moved its adoption. Councilmember Lynch seconded the motion to adopt. The roll was called and the vote was, AYES: Balmer, Erdahl, Lynch, Vevera 4 NAYS: None Whereupon, the Mayor declared the following Resolution duly adopted: RESOLUTION NO. 80-326 RESOLUTION DIRECTING SALE OF $2,570,000 GENERAL OBLIGATION BONDS WHEREAS, pursuant to notice as required by law, bids have been received at public sale for the bonds described as follows and the best bid received is determined to be the following: TU `N;7PfieW0TRREV*aR,PLIGATION BONDS: Bidder: and Merrill Lynch White Weld apical Markets Group d n cof Chicago the terms of said bid being: as attached NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: -3- AHLERS. COONEY, DORWEILER, HAYNIE & SMITH. LAWYERS. DES MOINES, IOWA 6 9? August 6 , 1980 The City Council of Iowa City, Iowa, met in adjourned session, in the Council Chambers, Civic Center, 410 E. Washington Street, Iowa City, Iowa, at 1:00 o'clock P .M., on the above date. There were present Mayor John Balmer , in the chair, and the following named Council Members: Clemens Erdahl, Larry Lynch, Robert Vevera Mary David Glenn Absent: Neuhauser, Perret, Roberts -1- AFILERS. COONEY. DORWEILER. HAYNIE & SMITH. LAWYERS, DES MOINES. IOWA 44940 This being the time and place for the opening of bids for the sale of $2,570,000 General Obligation Bonds, the meeting was thrown open for the receipt of bids for said bonds. The following sealed bids were received and not opened: Name & Address of Bidders: BancNorthwest ` Continental Illinois National Bank and Trust Company of Chicago and Bache Halsey Stuart Shields, Inc. and Associates The First National Bank of Chicago and Dean Witter Reynolds, Inc. and Associates Harris Trust and Savings Bank and Iowa -Des Moines National Bank and Associates The Northern Trust Company and Merrill Lynch White Weld Capital Markets Group and Goldman, Sachs & Co. and Associates United California Bank and Carleton D. Beh Co., and Associates Open bids were then called for and the best open bid received was as follows: NONE Name & Address of Bidder: Net Interest Rate: Net Interest Cost: Whereupon, the sealed bids were opened and the best sealed bid -was as follows: Name & Address of Bidder: The Northern Trust Company and Merrill Lynch White Weld Capital Markets Group and GoldmanTSac-hs & Co. and Assocai Net Interest Rate: 6.49361 Net Interest Cost: $1,355,055.50 , —2— AHLERS. GOONEY. DORWEILER. HAYNIE 6 SMITH. LAWYERS. DES MOINES. IOWA 4 9/ OFFICIAL BID FORM City of Iowa City Civic Center Iowa City, Iowa Gentlemen: August 6, 1980 For $2,570,000 City of Iowa City, Iowa, General Obligation Bonds, described in the annexed Official Notice of Sale which is expressly made a part hereof, we will pay the par value thereof plus a premium of $Ut •00 , plus accrued interest from September 1, 1980, to the date of delivery for bonds bearing interest as follows (each a multiple of 1/ or ho of 1%). MATURITIES—June 1 $170,000 .........1983 6-50 % $200,000 .........1986 6.30% $400,000 ......... 1990_6.aa % 200,000 .........1984 • % 200,000 .........1987 4e % 400,000 .........1991 6.60 % 200,000 .........1985 6.60 % 200,000 .........1988 "•l' % .100,000 ......... 1992.�.6SZ% 200,000 .........1989 6.30 % Said bonds are to be executed and delivered to us in accordance with the terms of this bid accompanied by the approving legal opinion of Ahlers, Cooney, Dorweiler, Ilaynie & Smith, Attorneys, Des Moines, Iowa. You are to pay for the legal opinion and for printing the bonds. Unless we notify you to the contrary within 24 hours, CUSIP numbers are to be printed on the bonds at our expense and we agree to accept the bonds at delivery with the CUSIP numbers as printed. As evidence of our good faith, we enclose herewith check in the sum of $51;100 in accordance with your Official Notice of Sale. A list of the members of our account on whose behalf this bid is made is appended hereto. Description of Check: Amount: $51;100 Name of Bank The Northern Trust Company cny Chicago State Illinois �Q; { d (Cashier's) Check No. BCI 9996 Dated 7-29-80 (For Use By City Only) The :dove check was returned and received for the above named Account Manager Respectfully submitted, Name THE NORTHERN TRUST COMPANY Account Manager LLIAM K. REEVES, 2nd Vice President Address 50 S. LaSalle StrPaf- City Chicago State T11 i nni s NOT A PART OF BID Our calculation of net interest cost from above is: Total Interest ............$ 1055007.50 Less Premium ............$ 1132.00 Net Interest Cost .........$1,355+055.50 Net Interest Rate ......... (J19363 The foregoing bid was accepted and bonds sold August 6, 1980, and receipt is hereby acknowledged of the good faith check which is being held in accordance with the terms of the Official Notice of Sale. CITY OF IOWA CITY, IOWA Finance Director TABLE OF BOND YEARS From September 1, 1980 (For Computation Purposes Only. Not a Part of Bid.) Due Bond Years Due Bond Years June 1 Amount Annual Cumulative June 1 Amount Annual Cumulative 1983 .................. $170,000 167.5 467.5 1988................ $ 200,000 1,550.0 6,217.5 1984 .................. 200,000 750.0 1,217.5 1989................ 200,000 1,750.0 7,967.5 1985 .................. 200,000 950.0 2,167.5 1990................ 400,000 3,900.0 11,867.5 1986 .................. 200,000 1,150.0 3,317.5 1991................ 400,000 4,300.0 16,167.5 1987 .................. 200,000 1,350.0 4,667.5 1992................ 400,000 4,700.0 20,867.5 $2,570,000 20,867.5 Average Life: 8.1196 Years z Section 1. That the bid for the bonds as above set out is hereby determined to be the best and most favorable bid received and, said bonds are hereby awarded based on said bid. Section 2. That the statement of information for bond bidders and the form of contract for the sale of said bonds are hereby approved and the Mayor and Clerk are authorized to execute the same on behalf of the City. Section 3. That the notices of the sale of the bonds heretofore given and all acts of the Clerk done in furtherance of the sale of said bonds are hereby ratified and approved. PASSED AND APPROVED, this 1980. ATTEST: Clerk 9 4* day of , -4- AHLERS. COONEY. DORWEILER. HAYNIE &SMITH. LAWYERS. DES MOINES. IOWA I� f3 RESOLUTION NO. 80-327 �� 0 RESOLUTION APPROVING CLASS A LIQUOR CONTROL LICENSE APPLiZiCMM BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class A Liquor Control License application is hereby approved—for the following named person or persons at the following described location: Iowa City Lodge 111096 Loyal Order of Moose dba Iowa City Lodge 111096 Loyal Order of Moose, 2910 Muscatine Ave. Said approval shall be subject to any conditions or re- strictions hereafter imposed by ordinance or State law. The City Clerk shall cause a recommendation for approval to he endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond, sketch of the premises and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by vevera and seconded by Lrdahl that the Resolution ase rete adopted, and upon_r_o1T__c_a71 there were: Balmer Lynch Erdahl Neuhauser Perret Roberts Vevera Passed and approved this Attest: njnv o`er City Clerk AYES: NAYS: x x x x 12th day of or ABSENT: x x x August, 19 80 69x RESOLUTION NO. 80-328 RESOLUTION TO ISSUE DANCING PERMIT BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Dancing Permit as provided by law is hereby granted to the following named person and at the following described locations upon his filing an application, having endorsed thereon the certificates of the proper city officials as to having complied with all regulations and ordinances, and having a valid Class "B" Beer Permit or liquor control license, to wit; Iowa City Lodge #1096 Loyal Order of Moose dba Iowa City Lodge #1096 Loyal Order of Moose, 2910 Muscatine Ave. It was moved by Vevera and seconded by Erdahl EF— that the Resolution as reade adopted, and upon roll--ca-11t ere were: AYES: NAYS: ABSENT: Balmer x Lynch x Erdahl x Neuhauser Perret Roberts Vevera x x x x Passed and approved this 12th day of August �� Attest: 2�, , ��g City Clerk ' 4's RESOLUTION NO. 80-329 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: Hy -Vee Food Stores, Inc. dba Hy -Vee Food Store #2, 310 N. 1st Avenue 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 Vevera and seconded by Erdahl that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: lmer x Lynch x Erdahl x Neuhauser x Perret x Roberts x Vevera x Passed and approved this 12th day of August , 19 80 Attest: Ll City Clerk 40910 RESOLUTION NO. 80-330 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: Hy -Vee Food Stores, Inc. dba Hy -Vee Food Store #2, 310 N. 1st Avenue 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 Vevera and seconded by Erdahl that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Balmer x Lynch x Erdahl x Neuhauser x Perret x Roberts x Vevera x Passed and approved this 12th day of August 19 80 Attest:Zkj;�_ ­A-�nt o�L, City Clerk 4 i7 RESOLUTION NO. 80-331 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: Hy -Vee Food Stores, Inc. dba Hy -Vee Food Store #1, Drugtown til, 501 Hollywood Blvd. 521 Hollywood Blvd. 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 Vevera and seconded by Erdahl that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Balmer x Lynch x Erdahl x Neuhauser x Perret x Roberts x Vevera x Passed and approved this 12th day of August 19 80 . or Attest: , City Clerk Jo I RESOLUTION NO. 80-332 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: Hy -Vee Food Stores, Inc. dba Hy -Vee Food Store #1, Drugtown #1, 501 Hollywood Blvd. 521 Hollywood Blvd. 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 Vevera and seconded by Erdahl that the Resolution as read be adopted, and upon roll call there were: Balmer Lytic h Erdahl Neuhauser Perret Roberts Vevera AYES: NAYS: x Passed and approved this 12th 19 80 ABSENT: Y x x day of August Attest: U2J ,; 4nraJ .C/Oiil1�L City Clerk G 9f or Attest: U2J ,; 4nraJ .C/Oiil1�L City Clerk G 9f RESOLUTION NO. 80-333 RESOLUTION APPROVING CLASS c LIQUOR CONTROL LICENSE APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class c Liquor Control License application is hereby approvec Tor the following named person or persons at the following described location: George's Buffet, Inc. dba George's Buffet, 312 Market Said approval shall be subject to any conditions or re- strictions hereafter imposed by ordinance or State law. The City Clerk shall cause a recommendation for approval to he endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond, sketch of the premises and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by Vevera and seconded by Erdahl that the Resolution as read -Tie adopted, and upon rZT calT there were: AYES: NAYS: ABSENT: Balmer x Lvnch x Erdahl x Neuhauser x Perret x Roberts x Vevera Passed and approved this 12th day of August , 1980 Attest: , % .A,I,_*4 City Clerk 740d RESOLUTION NO. 80-334 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: John R. Alberhasky dba John's Grocery, Inc., 401 E. Market 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 Vevera and seconded by Erdahl that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Balmer x Lynch x Erdahl x Neuhauser x Perret x Roberts x Vevera x Passed and approved this 12th day of August , 19 80 - Attest: rnw. o w� 'f • l�yw�� City Clerk 7ov/ RESOLUTION NO. 80-335 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: John R. Alberhasky dba John's Grocery, Inc., 401 E. Market 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 Vevera and seconded by Erdahl that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Balmer x Uynch x Erdahl x Neuhauser x Perret x Roberts Vevera x Passed and approved this 19 80 _ 12th day of August , Attest: hax,� 4�1-inxwl City Clerk hoz RESOLUTION NO. 80-336 RESOLUTION APPROVING CLASS C LIQUOR CONTROL LICENSE APPLTCrATM BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Liquor Control License application is hereby approv7or the following named person or persons at the following described location: Cardan, Inc. dba Joe's Place, 115 Iowa Ave. Said approval shall be subject to any conditions or re- strictions hereafter imposed by ordinance or State law. The City Clerk shall cause a recommendation for approval to he endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond, sketch of the premises and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by 9evera and seconded by Erdahl that the Resolution as rete adopted, and upon ro-II caTT there were: AYES: NAYS: ABSENT: Balmer x Lvnch x Erdahl x Neuhauser x Perret x Roberts x Vevera x Passed and approved this 12th day of August , 19 80 Attest: City Clerk 703 RESOLUTION NO. 80-337 RESOLUTION APPROVING CLASS C LIQUOR CONTROL LICENSE APPLTCXT M BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Liquor Control License application is hereby appro-WTTor the following named person or persons at the following described location: Robert H. Jeter dba Plamor Bowling, Inc., 1555 1st. Ave. Said approval shall be subject to any conditions or re- strictions hereafter imposed by ordinance or State law. The City Clerk shall cause a recommendation for approval to he endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond, sketch of the premises and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by Vevera and seconded by �E dah that the Resolution ass re�5e—adopted, and upon roll call there were: AYES: NAYS: ABSENT: Balmer x Lynch x Erdahl x Neuhauser x Perret x Roberts x Vevera Passed and approved this 12th day of August 1980 Attest: ,; =K -eelu, oA,rfr City Clerk 70 RESOLUTION NO. 80-338 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: Robert H. Jeter dba Plamor Bowling, Inc., 1555 1st. Ave. Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance of state law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, bond, and all other information or docu- ments required to the Iowa Beer and Liquor Control Department. It was moved by Vevera and seconded by Brdahl that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Balmer x Lynch x Erdahl x Neuhauser x Perret x Roberts x Vevera x Passed and approved this 12th 19 80 day of August , Attest: R1 L„ ' LkpAllr City Clerk _IESOLUTION NO. 80-339 RESOLUTION APPROVING CLASS "B" BEER PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class "B" Beer Permit Application is hereby approved for the following named person or persons at the following described location: East Moline Pizza Hut, Inc., dba Pizza Hut, 1921 Keokuk St. Said approval shall be subject to any conditions or re- strictions hereafter imposed by ordinance or State law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by vevera and seconded by Erdahl that the Resolution ass rea�ge adopted, and upon--r-o-117 -call there were: AYES: NAYS: ABSENT: Balmer x Lynch x Erdahl x Neuhauser x Perret x Roberts x Vevera x Passed and approved this 12th day of August , 1980 Attest: City Clerk-T� 706 RESOLUTION NO. 80-340 RESOLUTION OF APPROVAL OF CLASS B SUNDAY PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class B Sunday Permit application is hereby approved for the following named person or persons at the following described location: East Moline Pizza Hut, Inc. dba Pizza Hut, 1921 Keokuk St. Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance of state law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, bond, and all other information or docu- ments required to the Iowa Beer and Liquor Control Department. It was moved by Vevera and seconded by Erdahl that the Resolution as read be adopted, and upon roll call there were: Balmer Lynch Erdahl Neuhauser Perret Roberts Vevera AYES: NAYS: ABSENT: x x x x Passed and approved this 19 80 x x 12th day of August , Attest:_k), 4L.%,; AQ_tl City Clerk +R 7v7 RESOLUTION NO. 80-341 RESOLUTION APPROVING CLASS LIQUOR CONTROL LICENSE APPLICAION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class Liquor Control License application is hereby approv�ior the following named person or persons at the following described location: BU -JO Corp. dba Burt's Lounge, 1310 Highland Ct. Said approval shall be subject to any conditions or re- strictions hereafter imposed by ordinance or State law. The City Clerk shall cause a recommendation for approval to he endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond, sketch of the premises and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by Vevera and seconded by ERdahl that the Resolution ass reaFbe adopted, and upon z6i�caIT there were: Balmer Lynch Erdahl Neuhauser Perret Roberts vevera Passed and approved this Attest: 4z a 4"L dity Clerk AYES: NAYS: x x x x lith day of ABSENT: x X x August = RESOLUTION NO. 80-342 RESOLUTION SETTING PUBLIC HEARING FOR THE SALE OF REAL PROPERTY OWNED BY THE CITY OF IOWA CITY AND LOCATED IN BLOCK TWO OF COOK, SARGENT AND DOWNEY'S ADDITION (WEST OF GILBERT STREET AND SOUTH OF KIRKWOOD AVENUE). WHEREAS, the City of Iowa City owns the following real property: An alley running east and west in Block 2 of Cook, Sargent and Downey's Addition, with a width of 20 feet; and WHEREAS, the City Council of the City of Iowa City has adopted Ordinance No. 80-3000 on July 29, 1980, vacating the above-described alley; and WHEREAS, the City Council proposes to sell the above-described real property to Chariton Storage Co.; and WHEREAS, the proposed sale will be subject to the following terms: 1. The price for the sale of the above-described real property will be $10,000. 2. Chariton Storage Co. and Hy -Vee Food Stores, Inc. will provide the City with Quit Claim Deeds to the property immediately east of Ralston Creek, south of Kirkwood Avenue, and north of First Street; and WHEREAS, it is necessary to publish this proposal and to publish notice of a public hearing on this proposal. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY: 1. That the City proposes to sell the above-described real property to Chariton Storage Co. for the sum of $10,000 and in exchange for a Quit Claim Deed as described above. 2. That the City Clerk is authorized and directed to publish notice of this proposal and further, can publish notice that pursuant to Section 364.7, 1979 Code of Iowa, a hearing will be held before the City Council on the proposed disposition of the above-described property at the Council Chambers, Civic Center, 410 East Washington Street, Iowa City, Iowa, at 7:30 P.M. on the 26th day of August, 1980, and any persons having objections to said proposed action may - appear and file their objections at said hearing. 709 Resolution 80-342 Page 2 It was moved by Vevera and seconded by Erdahl the Resolution 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 12th day Of August , 1980. -� YOR� AYOR ATTEST: CITY CLERK 7 ji,••jvod k ('r'rf'ved lay The legal Ddpdrt.'ftnf -y'5 ?- -7 - X) 7/D •1/ RESOLUTION NO. 80-343 - RESOLUTION SETTING PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF CENTRAL BUSINESS DISTRICT STREETSCAPE IMPROVFM N__ NT _ DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECT- ING CITY ENGINEER TO PLACE SAID PLANS, ETC., ON FILE FOR PUBLIC INSPECTION. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That a public hearing on the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project is to be held on the 26th day of August , 19 80 , at 7:30 P.M. in the Council Chambers, Civic Center, Iowa City, Iowa. 2. That the City Clerk is hereby authorized and directed to publish notice of the public hearing for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the city, not less than four (4) nor more than twenty (20) days before said hearing. 3. . That the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project are hereby ordered placed on file by the City Engineer in the office of the City Clerk for public inspection. It was moved by Vevera and seconded by Erdahl that the Resolution as read be adopted, and upon roll call there were: AYES: x NAYS: ABSENT: Balmer Erdahl Lynch x Neuhauser x Perret X, Roberts Vevera Passed and approved this 12th PAC Y AT, ATTEST% day of August , 19_$0— / // RESOLUTION NO. 80-344 RESOLUTION ANNEXING CERTAIN DESCRIBED REAL ESTATE TO THE CITY OF IOWA CITY, IOWA. WHEREAS, Wayne Waters, the owner, has petitioned that the following described real estate be annexed to the City of Iowa City, Iowa, to -wit: Part of the southeast quarter of Section 24, Township 79 North Range 6 west of the 5th P.M. described as follows, to -wit: Commencing at the southeast corner of the southwest quarter of the southeast quarter, thence north 20° 36' east 798 feet to the center of Wyoming Road (Highway 6 Bypass), thence along the center of said road north 60° 29.5' west 550 feet, thence along the Center of said road north 58° 10' west 581 feet, thence south 500 feet, thence east 300 feet, thence north to the center of Wyoming Road (Highway 6 Bypass). (Located south of Highway 6 Bypass and opposite Heinz Manufacturing). WHEREAS, the Planning and Zoning Commission has recommended that Council annex said real estate; and, WHEREAS,the real estate is not located within the urbanized area of any other city except the City of Iowa City; and, WHEREAS, the City Council deems it in the public interest to annex said real estate. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the above-described real estate is hereby annexed to the City of Iowa City, Iowa. 2. That the Mayor and City Clerk are hereby authorized and directed to certify a copy of this resolution, along with a map of the real estate involved showing its location in relationship to the City of Iowa City, Iowa, to the City Development Board, the Johnson County Recorder, the Secretary of State, and the Iowa Department of Transportation. 3. That the Mayor and City Clerk are hereby authorized to sign this resolution. It was moved by Vevera 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 12thday of August , 1980. ATTEST AYOR CITY CLERK I ®y Me L-,aai '_,eojft,iert S s'- 7-�o viz: [ON w 0 LOCATION MAP A-8001. Water Estate 1 l RESOLUTION NO. 80-345 A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A QUIT CLAIM DEED WHEREBY THE CITY SHALL CONVEY A PARCEL OF LAND RETAINING A PERMANENT SEWER EASEMENT IN EXCHANGE FOR THE ACQUISITION OF A PARCEL OF LAND FROM THOMAS R. AND MARILYN J. ALBERHASKY IN FURTHERANCE OF THE FIRST AVENUE REALIGNMENT IN IOWA CITY. WHEREAS, it was in the public interest to construct certain improvements on First Avenue in Iowa City, and WHEREAS, it was necessary to acquire a parcel of land from Thomas R. and Marilyn J. Alberhasky in order to realign First Avenue. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. The Mayor is authorized to sign and the City Clerk to attest a quit claim deed which conveys certain property to Thomas R. and Marilyn J. Alberhasky. 2. The Mayor is authorized to sign and the City Clerk to attest a permanent sewer easement. It was moved by Vevera and seconded by Erdahl 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 12t1day of August 1980. MAYOR ATTEST: 7%J iy a CITY CLERK ReceivW l Apprnwd By The Loyd DWe m nt OP/ -7/ S0 7/$4 IOWA STATE RAR ASSOCIATIOP O}Lclal Font, No. 4 rn+sv.w ...i IYe. M rte., 8041) c R `i '`• QUIT CLAIM DEED 1—' ,-7. FOR THE LEGAL EFFECT OF THE USE OF THIS FORM, CONSULT YOUR LAWYER tnn1u 2111 Splen by Tbegt 3lre5entg: That the City of Iowa municipell corporation in consideration• of the sum of One dollar and other valuable consideration in hand paid do hereby Quit Claim unto Thomas R Alberhaskrand Marilyn J AlberhaGky, husband and wife Grantees' Address: i our right, title, interest, estate, claim and demand in the following described real estate situated in Johnson County, Iowa, to -wit: ncing at the SE corner Section 14, T79N, R6W of the 5th P.M.; thence N00*00'00"W feet to the southerly right-of-way line of the Chicago, Rock Island, and Pacific d as recorded in plat book #8, page 38, Johnson County, Iowa; thence N61e54'00"W feet to the point of beginning; thence S68e39'15"W 163.76 feet; thence N45e34105"W et; thence westerly 126.28 feet along a 110.00 foot radius curve concave southerly ise 119.46 foot chord bears N78a27'25"W; thence N21e20'45"W 2.90 feet; thence N68e39' feet; thence S61054'00"E 98.70 feet to the point of beginning. Said parcel contains square feet more or less. in addition; Commencing at the SE corner Section 14, T79N, R6W of the 5th P.M.; N00000'00"14 842.35 feet to the Southerly right-of-way line of the Chicago, Rock and Pacific Railroad as recorded in plat book #8, page 38, Johnson County, Iowa; N61e54'00"W 47.87 feet to the point of beginning; thence southerly 166.00 feet along 0 foot radius curve concave westerly and whose 165.63 foot chord bears S10043'11"W; N70e17'25"W 15.56 feet; thence westerly 19.62 feet along a 452.50 foot radius curve northerly and whose 19.62 foot chord bears N69a02'54"W; thence N21e20'45"W 215.29 hence N68e39'15"E 30.00 feet; thence S61e54'00"E 129.47 feet to the point of beginni. rcel contains 17,175 square feet more or less. Each of the undersigned hereby relinquishes all rights of dower, homestead and distributive share in and to the We described premises. Words and phrases herein. including acknowledgment hereof, shall be construed as in the singular or plural number, and as masculine nine or neuter gander. according to the contest. Signedthis 12th day of August 1980 . City of Iowa City r.:r.r+u. T-1111 n.: x. en+.o-. uen cot,.. syn. / STATE OF IOWA, COUNT OFTr)hngnn ss. Mayor On this AL ? 1 day of , A. D. 19 80 Attest: 212�`n before me. the undersigned. a N ary Public in Vi,4 for the City Clerk Slate, of lowp, personally, appeared to me knowe to be the identical persons named in and who executed Ike forocoing instrument. and acknowledged that they executed the same as their voluntary act and deed. 2 _ _ N,, -,r/ Public in and for the $tnfa of Inwn Fro4 the above named Grantors to the above named Grantees - STATE OF IOWA COUNTY OF FEE, ss at WHEN RECORDED RETURN TO _ _ ""Qived d App•�vgT "y Ths Loyal DOP+rhF»nt 410 E. Washington St., Iowa City, (Grassfon' Address) Iowa Filed for record fhis day of on page o'clock _M., and recorded in Book INamel _, A. D. 19—, of , Deputy Recorder IAddressl 4. QUIT CLAIM DffD 10 N SCALE I"=60 FOUND PIN • SET 1/2' PIN ° 7036 'v�gya.W F, DESCRIPTION OF TRACT N N 68039 15"E ° POINT OF BEGINNING ,3 0 N�yoo �ryo0 S E CORNER S SECTION 14, T79N,R W That portion of Mall Drive (formerly First Avenue) right of way described as follows: Commencing at the SE corner Section 14, T79N, R6W of the 5th P.M.; thence N00000'00"W 842.35 feet to the southerly right of way line of the Chicago, Rock Island, and Pacific Railroad as recorded in plat book N8, page 38, Johnson County, Iowa; thence N61054'00"W 177.34 feet to the point of beginning; thence S68039'15"W 163.76 feet; thence N45034'05"W 7.95 feet; thence westerly 126.28 feet along a 110.00 foot radius curve concave southerly and whose 119.46 foot chord bears N78027'25"W; thence N21020'W'W 2.90 feet; thence N68039'15"E 203.17 feet; thence S61054'00"E 98.70 feet to the point of beginning. Said parcel contains 12,226 square feet more or less. I hereby certify that this survey was made under my direct personal supervision and that I am a duly registered land surveyor under the laws of the State of Iowa. Robert D. mirl<r on Rag. No. 7036 Date Subscribed and' swornn to before me this /% !L!I- day of �JUL`/ , 1'1 B6 JENNIFERE R .....XCiCilll \. C.l IVMMMvvvttt + ' '0 11.Y CGMMIJSIWlEY IRF.$ Nctary Pu is in an for the State of Iowa I — ,, °x'30- 9Z 7/1 RESOLUTION NO. 80-346 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST AN AGREEMENT WITH ROBERT W. STEVENS, PROVIDING FOR THE INSTALLATION OF A STORMWATER DRAINAGE SYSTEM IN SETTLEMENT OF THE JUDGEMENT IN STEVENS VS. IOWA CITY. WHEREAS, the Iowa Court of Appeals on June 24, 1980, in the case of Stevens vs. City of Iowa City, ordered the City to develop a drainage system to drain water from its streets and adjoining property without damaging Stevens' property; and WHEREAS, the City has submitted an application for further review to the Iowa Supreme Court of that decision; and WHEREAS, the City Council deems it in the public interest to reach a settlement of the controversy. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: That the Mayor is authorized to execute and the City Clerk to attest an agreement with Robert W. Stevens, attached hereto, providing for the installation of a stormwater drainage system in settlement of the judgement in Stevens vs. Iowa City. It was moved by Vevera 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 12thday of August 1980. MAYOR ATTEST: CITY CLERK BY 5Ps _C�l-1;T-S7y %/7 C�I�Iulil�Yi THIS AGREEt= is executed on this �� day of August, 1980, on the following terms and conditions: WITNESSETH WHEREAS, the City of Iowa City, Iowa, (hereinafter called CITY) appealed to the Supreme Court of Iowa a Judgment entered by the Honorable Louis W. Schultz, being Cause No. 42776 in the Iowa District Court in and for Johnson County, on the 30th day of April, 1979, and, w=REAS, the CITY filed a supersedeas bond on May 24, 1979, in the principal amount of $39,000.00 to satisfy any judgment and, WHEREAS, Robert W. Stevens (hereinafter called STEVENS) filed a Notice of Cross -Appeal from the ruling of the District Court referred to above and, WHEREAS, by decision filed June 24, 1980, by the Court of Appeals of Iowa, the monetary judgment entered by Judge Schultz was affirmed and the part pertaining to an injunction directing the CITY to develop a proper drainage system to drain water from the street and adjoining property with- out damaging STEVENS' property and, WHEREAS, a tentative and preliminary investigation by the CITY in- dicates that the cost of installing a drainage system as ordered by the Court of Appeals would be at least $41,000.00 and, WHEREAS, the CITY has asked for further review of the opinion entered by the Court of Appeals pertaining to the drainage order referred to above but has not asked for review of the monetary damage affirmed by the Court of Appeals for the closing of lower West Branch Road immediately to the front and north of a portion of STEVENS' property and, WHEREAS, the parties wish to settle their differences without further legal or Court expenses: -2 - •it •••n•SI.V1O 1. Immediately upon approval of this Agreement by council for the CITY, the application for further review of the Order of the Court of Appeals will be dismissed and the request will be made for the issuance of a procedendo immediately. 2. The Court costs of the appeal shall be paid by the CITY and the Court costs in the District Court shall be paid as provided by Judge Schultz. 3. STEVENS acknowledges the receipt of $31,007.50 from the CITY to- gether with interest from April 30, 1979, through July 31, 1980, as provided in the Judgment and will file a Release of the Judgment as soon as the desired form is submitted by the CITY. 4. STEVENS shall be responsible for designing, preparing plans and specifications, and installing a drainage system at such location as he desires connecting the storm sewer at Lake Forest Street and the existing outlet north of Lake Forest and conveying the water to Westminster Street. At the present time Lake Forest abuts STEVENS' east property line and Westminster abuts STEVENS' south property line. The main sewer line shall be at least 36 inches in diameter and the system shall be installed at such time as STEVENS desires to install it. The cost of the sewer system shall include all engineering, designing, labor and materials. Each party shall be responsible for one-half of the cost of said system except the City shall not be required to pay more than $20,500.00 of the cost. As installation work progresses, each party will pay one-half of each installment due the contractor in accordance with routine payment procedures and subject to the CITY expenditure limitation set forth above. 5. By execution of this Agreement, the CITY acknowledges (in accord- ance with the evidence introduced by the CITY at trial) that STEVENS is the owner of the southern half of the right-of-way formerly occupied by Lacer West Branch Road and abutting his property which was vacated by the CITY. 7!% - 3 - 6. The portion of Lower West Branch Road between STEVENS' east property line and Amhurst Street in Iowa City, Iowa, has not been vacated and the execution of this Agreement by STEVENS shall not release any claims for damage he or his grantees may have against the CITY by virtue of any vaca- tion thereof. 7. This Agreement shall be binding upon the parties, their representatives, successors in interest, grantees and assigns. CITY OF IOVM CITY, IOM sy No typal Department , S-//- FO 7z 0 City of Iowa Ci MEMORANDUM DAVIT August 8, 1980 TO: Honorable Mayor and Members of the City Council FROM: Roger Scholten, Assistant City Attorney�� RE: Stevens' Agreement VVVVVV����� As I discussed with you several weeks ago, the Court of Appeals ruled against the City in the case of Stevens v. Iowa City and directed "the City to develop a proper drainage system to drain water from its streets and adjoining property without damaging Stevens' property." Although I filed an application for further review with the Iowa Supreme Court, the chances of the Court hearing the case and reversing the decision are not favorable. As a result, settlement possibilities were discussed with you. It does not appear that the text of the proposed agreement will be available to be included in the packet, and it will be given to you at the informal meeting on Monday. In essence, the agreement provides that at the time Mr. Stevens chooses to install the drainage system, the City will pay part of the cost. If the system is installed either this year or in 1981, the City will pay half of the installation costs. If the system is installed later than 1981, the City will be obligated to pay one half of the costs up to a maximum of $20,500 (z of present estimated cost of $41,000). Please note this is slightly different from the initial proposal I presented to you. However, Chuck Schmadeke, who pre- pared the estimate, is confident thatthe $41,000 estimate will be sufficient to cover the installation costs through 1981. If you have any questions regarding this matter, I will be available Monday afternoon. Thank you. RKS/ej ?1V RESOLUTION NO. 80-347 RESOLUTION AMENDING THE NUMBER OF AUTHORIZED PERMANENT POSITIONS IN THE FINANCE DEPARTMENT WHEREAS, Resolution 80-91 adopted by the City Council on March 11, 1980, establishing an operating budget for Fiscal Year 1981 authorizes all permanent positions, and, WHEREAS, the reorganization of positions in the Parking Systems has reduced the need for as many Parking Enforcement Attendant positions as was originally authorized, and, WHEREAS, the amendment to the authorized permanent positions will not require additional funding in the Fiscal Year 1981 Operating Budget, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that total authorized permanent positions in the Finance Department be amended by: 1. The reduction of one full-time Parking Enforcement Attendant to half-time (Parking Systems Division). 2. The increase of one half-time Senior Clerk Typist to full-time (Central Procurement and Services Division). It was moved by Vevera 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 12thday of August 1980. `-7�,, AYOR ATTEST: CITY CLERK Received & Approved By The Legal Deparfinent 7 07 City of Iowa Cl MEMORANDUM Date: July 23, 1980 To: City Manager and City Council From Rosemary Vitosh, Director of Finance .2 Re: Amendment to Number of Authorized Permanent Positions in the Finance Department The recent reorganization of the Parking Systems in which the duties of the cashiers (in the municipal lot and the parking ramp) were separated from the duties of the Parking Enforcement Attendants has allowed us to reduce the Parking Enforcement Attendants from 7 to 5. Council has already approved the elimination of one Parking Enforcement Attendant position which was replaced by Cashier position; this action reduced the total number of Parking Enforcement Attendants to 6 positions. It now appears that another Parking Enforcement Attendant position could also be eliminated. The FY81 Budget had reduced a Senior Clerk Typist position in the Central Procurement and Services Division of the Finance Department to half-time. The primary duties of this position include keypunch, backup print shop operator (filling in for our print shop operator in her absences), distribution of incoming mail, preparation of outgoing mail and delivery to post offfice, and the stocking and buying for the central supply room. Reduction of this position to half-time would eliminate all keypunch duties, the distribution of incoming mail, and severely reduce the availability of a backup print shop operator. Because of the City's need for the continuous operation of the print shop and the anticipated increase in keypunching due to the computerization of the traffic ticket area, it is highly desirable to maintain this position at full-time. Both the Senior Clerk Typist and the Parking Enforcement Attendant are on range 3 of the pay plan and budgeted salaries are comparable. Therefore, it is my recommendation that the Senior Clerk Typist position be authorized at full-time for FY81 and that a Parking Enforcement Attendant position be reduced to half-time authorization. It is not anticipated that the half-time Parking Enforcement Attendant position would be filled but it is desirable to keep it authorized at half-time in case the new schedule for Parking Enforcement Attendants does not prove sufficient to provide the necessary enforcement coverage in the Central Business District. tp/sp -)a RESOLUTION NO. 80-348 RESOLUTION ADOPTING SUPPLEMENT NUMBER FIVE TO THE CODE OF ORDINANCES OF THE CITY OF IOWA CITY, IOWA. WHEREAS, the Municipal Code Corporation has prepared the fifth supplement to the Code of Ordinances of the City of Iowa City, Iowa, and, WHEREAS, it is deemed appropriate to adopt supplement number five by resolution as a part of the said Code of Ordinances, NOW THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That supplement number five to the Code of Ordinances of the City of Iowa City, Iowa, attached to this Resolution as Exhibit A, and by this reference made a part hereof, is hereby officially adopted as a part of the said Code of Ordinances. 2. That the Mayor is hereby authorized to sign, and the City Clerk to attest, this Resolution. It was moved by Vevera , seconded by Erdahl , that the Resolution as read be adopted and upon roll call there were: AYES: NAYS: ABSENT: X BALMER X ERDHAL X LYNCH X NEUHAUSER X PERRET X ROBERTS X VEVERA Passed and approved this 12th day of August 1980. AYOR ATTEST: CITY CLERK Ey 7a.3 • • SUPPLEMENT NO. 5 CODE OF ORDINANCES City of IOWA CITY, IOWA Looseleaf Supplement This Supplement contains all ordinances deemed advisable to be included at this time through: Ordinance No. 80-2989, enacted March, 1980. See Code Comparative Table, page 2955. Remove old pages xvu, xvin [1] through [4] 199, 200, 201 372.1 through 374.1 540.1, 541, 542 919, 920 931, 932 1149, 1150 2555, 2556 2571, 2572 2585 through 2588 2591, 2592 2913, 2914 2953, 2954, 2955 Index pages 3011, 3012 3020.3 Insert new pages xvii, xvtn, xviii.i [1] through [4] 199, 200 373 through 374.2 541, 542, 542.1 919, 92% 920.1 931 through 932.2 1149, 1150 2555, 2556 2571, 2572 2585 through 2588 2591, 2592 2913, 2914 2953, 2954, 2955 Index pages 3010.1, 3010.2, 3011 3020.3 Insert this instruction sheet in front of volume. File deleted pages for reference. MUNICIPAL CODE CORPORATION Tallahassee, Florida July, 1980 Note—For checklist of up-to-date pages in Code, see page [1] following Table of Contents. 7A • TABLE OF CONTENTS—Cont'd. Chapter Page 12. Fire Prevention and Protection --__ 8. Buildings and Building Regulations -- ---- ----- 531 Art. II. Code —_____—____ -- 813 Art. I. In General ____ 531 Div. 1. Generally _—_ 817 Art. II. Building Code —_— --_ 531 13. Food and Food Establishments 867 Art. III. Abatement of Dangerous Buildings -___ 552 Art. II. Restaurants _— 867 Art. IV. Mechanical Code ---- ---- _ 553 Art. I. Electricity —_ _— 919 Art. V. House Movers __--____ _ 557 Art. III. Telephone -- --------- —__ 929 Div. 1. Generally ___—_ —__ 557 XV1L • Div. 2. Licenses and Permits __—__— 563 9. Cemetery -----___-----_—__-- 617 9.1. City Plaza-------------------------------------------------------------- 639 10. Elections ----------------- ------- ---- 669 Art. I. In General _ 669 Art. II. Municipal Election Campaign Finance Regulations _—__—_ 669 • 11. Art. III. Precincts —_'--- Electricity _ 674 737 Art. I. In General 737 Art. II. Administration and Enforcement —____ 743 Art. III. Licenses, Certificates, Permits and Inspections —_ 744 12. Fire Prevention and Protection --__ 811 Art. I. In General 811 Art. II. Code —_____—____ -- 813 Ark III. Department _ 817 Div. 1. Generally _—_ 817 Div. 2. Bureau of Fire Prevention 818 13. Food and Food Establishments 867 Art. I. In General _ _ 867 Art. II. Restaurants _— 867 14. Franchises _______ _ 919 Art. I. Electricity —_ _— 919 Art. II. Gas — — 924 Art. III. Telephone -- --------- —__ 929 Supp. No. 6 _-- XV1L • 7.?s IOWA CITY CODE,. ',. • Chapter Page Art. IV. Broadband Telecommunications _____— 931 1149 Div. 1. Generally --- _--- —_ __ 931 Rights — —_ Div. 2. Enabling Ordinance _____________ 932.1 15. Garbage, Trash and Refuse —____—_ 981 Art. I. In General __—_ ______ 981 Art. II. Collectors _—_______ --__ 988 Art. Div. 1. Generally ---_—_______ 988 19. Div. 2. Permit _— _—_-- 988 Art. III. Storage —___ __ __—_ 989 Art. IV. Collection, Transportation and Dis- II. Licenses _—____—____ _— _ posal _-- _________ 992 Art. V. Littering — ----- — 994.1 16. Health and Sanitation (Reserved) ___-_______—___— 1049 17. Housing _ _—______ 1149 18. Human Rights — —_ 1229 Art. I. In General __ __ — _ 1229 • Art. H. Commission _ — __ 1232 Art. III. Discriminatory Practices _ --_ 1234 19. Junk Dealers and Pawnbrokers _— 1297 Art. I. In General _—_—____-- 1297 Art. II. Licenses _—____—____ _— _ 1300 20. Library —___ _--___—__-- 1351 Art. I. In General —_— _____ 1351 Art. H. Board of Trustees ___--______ 1352 21. Licenses and Miscellaneous Business Regulations ___ 1407 Art. I. In General —_ 1407 Art. II. Fortune-tellers, Palmists, Phrenolo- gists and Clairvoyants __ 1409 Art. III. Going -Out -of -Business, Removal -Of - Business, Fire and Other Altered Goods Sales _— _..._____—__ 1409 Div. 1. Generally _----- _,____________ 1409 Div. 2. License ____ ___— _ 1412 Supp. No. 6 XVilI • • TABLE OF CONTENTS—ConVd. Chapter Page 22. Mobile Homes and Mobile Home Parks 1467 Art. I. In General _______ -------__ 1467 Art. II. Park License — — 1470 Art. III. Park Standards ______ __.__ 1472 • • Supp. No. 5 xviii.i 7.Z 6 • • • Checklist of Up -to -Date Pages (This checklist will be updated with the printing of each Supplement.) From our experience in publishing Looseleaf Supplements on a page -for -page substitution basis, it has become evident that through usage and supplementation many pages can be inserted and removed in error. The following listing is included in this Code as a ready guide for the user to determine whether the Code volume properly reflects the latest printing of each page. In the first column all page numbers are listed in sequence. The second column reflects the latest printing of the pages as they should appear in an up-to-date volume. The letters "OC" indicate the pages have not been reprinted in the Supplement Service and appear as published for the original Code. When a page has been reprinted or printed in the Supplement Service, this column reflects the identification number or Supplement Number printed on the bottom of the page. In addition to assisting existing holders of the Code, this list may he used in compiling an up-to-date copy from the original Code and subsequent Supplements. Page No. Supp. No. Page No. Supp. No. Title page OC 71 1 iii OC 121-126 OC V, vi OC 177-198 OC vii 3 199, 200 5 ix—xiv OC 251-253 OC xv, xvi 2 303-312 OC xvii—xviiid 5 363, 364 1 xix—xxii 2 365-368.1 2 1-4 OC 369-372 3 5-6.1 1 373-374.2 5 7-16 OC 375, 376 OC 17, 18 1 377-378.1 1 19, 20 OC 379-381 OC Supp. No. 5 [I] 7.27 IOWA CITY CODE Page No. Supp. No. Page No.' 431, 432 OC 1165--1166.1 483194 OC 1167, 1168 531-534 1 1169-1174.1 535, 536 2 1175-1198 536.1, 536.2 4 1229-1246 537, 538 1 1297-1301 539, 540 3 =' 1351-1856 541-542.1 5 1407-1416 543-548 1 1467-1477 549-550.1 4 1527, 1528 551, 552 1 1529, 1530 553-556 2 1531-1534.1 557--567 OC 1535-1538 617, 618 OC 1539-1540.1 639-650 1 1541-1546 669-674.1 1 1547-1548.1 675-686 OC 1549-1562 " 737-744 1 1563, 1564 745, 746 3 1565--1598.1 747-750 1 1569, 1570 811, 812 OC 1571, 1572 813-818 2 1573-1576 867, 868 OC 1577-1578.1- 919-920.1 5 1579-1590 921-930 OC 1591, 1592 931-932.2 5 1593-1597 933-980.16 1 1643, 1644 981-956.1 3 1845-1646.1 937-988.1 1 1647-1662 989, 990 OC 1663 991-994.1 3 1713, 1714 995-998 1 1714.1 999 OC 1715-1724 1149, 1150 5 1725-1727 1151-1156.1 3 1775-1780 1157, 1158 1 1831-1840 1159, 1160 2 1841-1842.1 1161-1164.1 4 1843-1853 Supp. No. 5 [21 Supp. No. 3 2 4 2 OC OC OC OC OC 2 1 3 OC 1 OC, . , 1 OC 3- 1... OC 1 OC 8 OC 1 2 2 1.. OC _1 a 1. OC .3 OC OC 1 OC' is C. • • CHECKLIST OF UP-TO-DATE PAGES—IOWA CITY Page No., Supp. No. Page No. Supp. No. 1903, 1904 4 2521-2530.2 1 1905-1914 1 2531-2538 AC 1967-1970 OC 2539-2540.1 3 2021 OC 2541-2542.2 2 2121-2128 OC 2543-2550 OC 2129-2132 3 2551-2554.1 3 2133-2138 OC 2555, 2556 6 21,39-2140.1 4 2557-2570 OC 2141-2147 OC 2571, 2572 5. 2197-2208 OC 2573, 2574 OC 2209-2210.1 1 2575-2576.1 4 2211, 2212 OC 2577-2580 OC 2213-2217 3 2581-2582.1 2 2267-2270 OC 2583, 2584 3 2271-2272.1 1 2585-2588 5 2273, 2274 OC 2589, 2590 3 2275-2276.1 1 2591, 2592 5 2277-2301 OC 2593-2612 OC • 2351, 2352 1 2913, 2914 5 2353-2364 OC 2935-2950 OC 2365-2370 1 2951, 2952 1 2419-2420.1 1 2953-2955 5 2421-2424 OC 2971-2978 OC 2425, 2426 1 2979-2980.1 3 2427, 2428 OC 2981, 2982.1 1 2429 1 2983, 2984 OC 2479-2482.1 3 2985-3000 1 2483, 2484 2 3001, 3002 2 2485-2488.2 3 3002.1-3002.3 1 2489, 2490 2 3003-3006 2 2491-2492.1 1 3007-3010 1 2493, 2494 OC 3010.1-3011 5 2495-2498.1 1 3012.1, 3012,2 1 2499-2506 OC 3012.3-3012.5 3 2507-2510.4 1 3013, 3014 2 2511-2516 OC 3015, 3016 1 2517, 2518 1 3016.1-3020 2 2519, 2520 OC 3020.1, 3020.2 3 Supp. No. b .,.. - • [3] 7.2 f IOWA CITY CODE • Page No. Supp. No. Page No. Supp. No. 3020.3 5 3051, 3052 OC 3021, 3022 OC 3053--3062 1 3023-3026 1 3063-3064.01 2 3027, 3028 3 3064.1, 3064.2 1 3029-3032.1 1 3065, 3066 2 3033, 3034 OC 3067-3068.1 3 3035-3036.1 2 3069, 3070 1 3037--3042.2 1 3071-3074 OC 3043, 3044 OC 3075-3076.1 1 3045--3048 2 3077-3081 OC 3049-3050.2 4 • Supp. No. 6 [4] • • ADMINISTRATION § 2-204 (b) Such secretary shall be a nonvoting member of the agency and shall be responsible for the following: (1) Maintenance of all records pertaining to the business of the agency; (2) Preparation of appropriate orders for consideration of the agency; (3) Service of all notifications required of the agency. (Ord. No. 77-2851, § 10, 8-2-77) Sec. 2-191. Record of appeal. The record of any appeal under this article shall include: (1) All notices, petitions and orders; (2) All evidence received or considered and all other sub- missions; • (3) All offers of proof, objections and rulings thereon; (4) All findings and exceptions; (5) Any decision, opinion or report of the agency. (Ord. No. 77-2851, § 10, 8-2-77) Sec. 2-192. Informal dispositions. After commencement of an appeal under this article, in- formal disposition of the matter may be made by any method agreed upon by the parties in writing. (Ord. No. 77-2851, § 5, 8-2-77) Seca. 2-193-2-203. Reserved. ARTICLE X. FINANCIAL PROCEDURES* Sec. 2-204. Opening of bids. The city council shall, by the resolution ordering the adver- tising of bids for public improvements, establish the day and *Goss mference—Library fund account, § 20-4. • Supp. No. 6 199 oaf §-2-204' IOWA CITY CODE • time that the city manager, city clock, city engineer, or other designated officer shall conduct the meeting of hearing, as required in connection with the receiving and opening of such bids and announcing the results. Such officer shall thereupon report the results of the bidding, together with his/her recom- mendations to the council at its next regular meeting. (Code 1966, § 2.61.1; Ord. No. 2430) Sec. 2-205. Award of contracts. At the next council meeting at which it receives such report and recommendation, the city council shall, after receiving such report and recommendations, award a contract, reject all bids or defer the award to a future time. The council shall also determine, if any, the number of bid securities which shall be returned. (Code 1966, § 2.61.2; Ord. No. 2430) Sec. 2-206. Issuance of industrial revenue bonds, financing fee. The city shall charge a financing fee at the time' that in- • dustrial revenue bonds are issued. The fee shall reflect the actual costs incurred by the city in preparation for the issu- ance of the industrial revenue bonds including, but not limited to, the fees of legal counsel and of a bond consultant retained by the city, the time of city staff, and publication costs. The applicant shall receive a detailed statement of estimated costs at least three (3) days prior to the public hearing. Should the applicant withdraw his/her application or should the project be terminated for any reason, the city shall charge the applicant for actual costs incurred and the applicant shall, reimburse the city within thirty (30) days of receipt of the statement of_ costs. (Ord. No. ,80-2987, § 1, 2-19-80) Editor's note—Ord. No. 79-2961, §§ 1-3, adopted July 17, 1979, did not specifically amend the Code and was codified at the editor's discre- tion. Ord. No. 80-2987, § 2, adopted Feb. 19, 1980, repealed the above= mentioned ordinance. The editor has codified § 1 of Ord. No. 80-2987 in lieu of the earlier provisions. [The next page is 2511 Supp. No. 5 • 200 • ALCOHOLIC BEVERAGES :§ 5-25 (1) With any liquor control license, the bond shall be five thousand dollars ($5,000.00) and shall be conditioned upon the payment of all taxes payable to the state under the provisions of the Iowa Beer and Liquor Con- trol Act and upon compliance with all provisions of the state law. (2) With any beer permit, the bond shall be five hundred dollars ($500.00) and shall be conditioned upon the faithful observance of the Iowa Beer and Liquor Con- trol Act. (Code 1966, § 5.24.8; Ord. No. 2605) Sec. 5-23. Persons eligible. Upon meeting the requirements imposed by state law, the provisions of this Code and other ordinances of the city, a person who is of good moral character as defined by state law and this Code may apply for a liquor control license or a beer permit. In the case of a club, corporation or partnership, • the officers of the club or corporation and the partners of a partnership shall be persons of good moral character as de- fined by state law and this chapter. (Code 1966, § 5.24.2; Ord. No. 2605) Sec. 5-24. Reserved. Editor's note—Ord. No. 79-2973, § 2, adopted Sept. 25, 1979, re- pealed § 5-24, prohibiting interest in more than one class of beer permit and derived from Code 1966, § 5.24.6 and Ord. No. 2605. Sec. 5-25. Investigation of applicant. (a) It shall be the responsibility of the applicant for an origi- nal beer or liquor license to obtain an application for the appro- priate license from the city clerk at least twenty-one (21) days before the date on which the applicant desires the city council to consider the application. The council will normally consider such applications only at regularly scheduled formal meetings. The applicant must submit the application form to the police chief, fire chief, county sheriff, county attorney, county health inspector and lastly to the building inspector. Each official shall make an investigation, sign the form and • Sapp. No. 6 373 730 § -5-25 IOWA CITY CODE • recommend approval or denial of the application. The appli- cant shall file the completed application with the city clerk at least seven (7) days before the date on which the appli- cant desires the council to consider the application. The city clerk shall promptly submit the application to the council. (b) Upon application for a class A private club license, the applicant shall submit a copy of the club's bylaws. If the by- laws do not contain the procedure for the admission for new members, the qualifications for membership, the rules for use of the facilities by nonmembers, the purpose of the or- ganization, the amount of fees or dues, the number of meetings required to be held annually, the number of voting members, the applicant shall attach a brief statement giving the above information to his/her application. The city council shall con- sider whether said applicant has demonstrated that his/her establishment is a bona fide private club before granting a class A license. (Code 1966, § 5.24.9; Ord. No. 2605; Ord. No. 76-2805, § II, 8-31-76; Ord. No. 76-2809, § 11, 9-28-76; Ord. No. 78-2913, § 2, 8-8-78) • Sec. 5-26. Requirements for premises. (a) An applicant for a liquor control license or beer permit as a further condition for approval by the city council, must give consent in writing on the application that members of the fire, police and health departments and the building inspector may enter upon the premises without warrant to inspect for violations of the provisions of state law and of this chapter. (b) In addition to any other requirements, the premises for which a beer permit or liquor control license is sought shall meet the following requirements: (1) No liquor control license or beer permit shall be ap- proved for premises which do not conform to all appli- cable laws, provisions of this Code and other ordinances, resolutions, and health and fire regulations. (2) No licensee shall have or maintain any interior access to residential or sleeping quarters unless permission is Supp. No. 6 • 374 • ALCOHOLIC BEVERAGES § 6-27 granted by the state beer and liquor control director in the form of a living quarters permit. (3) The premises for which a class B beer permit is sought must be located within a zone which permits the use of such premises for such purpose or an area now or hereafter zoned and conforming to the zoning require- ments of such zone. (4) The premises of a class B beer permittee shall, at the time of the application, continue to be equipped with sufficient tables and seats to accommodate twenty-five (25) persons at one time. (5) No state liquor store shall be located within three hun- dred (300) feet of a public or private educational insti- tution unless a lesser distance is specifically authorized by this Code or other city ordinances. (6) No class C liquor control license nor class B beer • permit, except for hotels, motels, restaurants and pri- vate clubs, shall be approved for an establishment which is not located on the ground floor of a building and which does not contain windows which permit visibility of its interior from the publicway. An estab- lishment will meet this requirement if the area devoted to the dispensing and storage of beer and liquor is located on the ground floor and seventy (70) per cent of the area accessible to the public is located on the ground floor. An establishment will be considered to be on the ground floor if it is located on a mall level. This provision shall not be applicable to establishments which were licensed prior to March 1, 1980. (Code 1966, § 5.24.3; Ord. No. 2605; Ord. No. 80-2989, § 2, 5-4-80) Sec. 5-27. Proof of financial responsibility. Each liquor control licensee and class B beer permittes shall furnish proof of financial repsonsibility either by the exist- ence of a liability insurance policy or by posting bond in • Supp. No. 6 874.1 API §-5-27 IOWA. CITY CODE • such amount as shall be determined by the department. (Code 1966, § 5.24.11; Ord. No. 2605) Sec. 5-28. Fees. The following fees shall be submitted with the respective application for a beer permit or a liquor control license re- quired by this article: (a) For a class B beer permit, the annual fee shall be three hundred dollars ($300.00); (b) For a class C beer permit, the annual fee shall be graduated on the bases of the amount of interior floor space which comprises the retail sales area of the prem- ises covered by the permit, as follows: (1) Up to one thousand five hundred (1,500) square feet, the fee shall be seventy-five dollars ($75.00). (2) Over one thousand five hundred (1,500) square • feet and up to two thousand (2,000) square feet, the fee shall be one hundred dollars ($100.00). Supp. No. 6 • 374.2 • BUILDINGSANDBUILDINGREGULATIONS § 8-17 less in height, one-half of the first line of listed values in Table No. 23-F may be used. The structures shall be de- signed to withstand and uplift wind pressure equal to three-fourths of the horizontal pressure. (Ord. No. 79- 2970, § 2, 9-18-79) (14) Section 3205(a). Access is amended to read as follows: An attic access opening shall be provided in the ceiling of the top floor of buildings with combustible ceiling or roof construction. The opening shall be located in a corridor or hallway of buildings of three (3) or more stories in height and readily accessible in buildings of any height. Closets are not deemed readily accessible. The opening shall be not less than twenty-two (22) inches by thirty (30) inches. Thirty -inch minimum clear head room shall be provided above the access opening. • Attics with a maximum vertical clear height of less than thirty (30) inches need not be provided with access open- ings. (Ord. No. 77-2859, § 3, 9-6-77) (14.1) Section 8301(c). Definitions is hereby amended to read as follows: Public way is any street, alley or similar parcel of land essentially unobstructed from the ground to the sky, which is deeded, dedicated or otherwise permanently appropriated to the public for public use and having a clear width of not less than ten (10) feet. (Ord. No. 80-2985, § 2, 2-19-80) (15) Section 3305(j). Handrails is hereby amended to read as follows: (j) Stairways shall have handrails on each side, and every stairway required to be more than eighty-eight (88) inches in width shall be provided with not less than one intermediate handrail for each eighty-eight (88) inches of required width. Intermediate handrails shall be spaced [an] approximately equal [distances from the outer edges] with- in the entire width of the stairway. • Supp. No. 6 &11 73t J.8-17 IOWA CITY CODE • Handrails shall be placed not less than thirty (30) inches nor more than thirty-four (34) inches above the nosing of treads. They shall be continuous the full length of the stairs and except for private stairways at least one hand- rail shall extend not less than six (6) inches beyond the top and bottom risers. Ends shall be returned or shall ter- minate in newel posts or safety terminals. Exception No. 1: Stairways forty-four (44) inches or less in width and stairways serving one individual dwelling unit in Group R, Division 1 or 3 occupancies may have one handrail, except that such stairways open on one or both sides shall have handrails provided on the open side or sides. Exception No. 2: Stairways having less than four (4) risers need not have handrails. Handrails projecting from a wall shall have a space of not less than one and one-half (11/•2) inches between the wall and the handrail. (Ord. No. 78-2912, § 2, 7-25-78) (16) Chapter 11 in the appendix is hereby amended to read as follows: Chapter 11 COVERED MALL BUILDINGS Sec. 1110. General. - (a) Purpose. The purpose of this chapter is to establish minimum standards of safety for the construction and use of covered mall buildings. (b) Scope. The provisions of this chapter shall apply to buildings or structures defined herein as covered mall build- ings. Exception: When approved by the building official, the following uses need not comply with the provisions of this chapter: Stipp. No. 5 542 • is • BUILDINGS AND BUILDING REGULATIONS § 8-17 (1) Terminals for transportation facilities. (2) Foyers and lobbies of hotel, apartment and office buildings. (3) Buildings need not comply with the provisions of this chapter when they comply totally with all other appli- cable provisions of this code. (c) Definition. For the purpose of this chapter, certain terms are defined as follows: Covered mall building is a single building enclosing a number of tenants and occupancies such as retail stores, drinldng and dining establishments, enter- tainment and amusement facilities, offices and other similar uses wherein two (2) or more tenants have a main entrance into one or more malls. Anchor store is an exterior perimeter department store • or major merchandising center having direct access to a mall but having all required exits independent of a mall. Gross leasable area is the total floor area designed for tenant occupancy and exclusive use. The area of • Supp. No. 5 542.1 70 • Chapter 14 FRANCHISES Art. I. Electricity, §§ 14-1-14,26 Art. II. Gas, §§ 14-27-14.51 Art III. Telephone, §§ 14.52-14-59 Art IV. Broadband Telecommunications, §§ 14-59.1-14.93 Div. 1. Generally, §§ 14-59.1, 14-59.2 Div. 2. Enabling Ordinance, §§ 14-60-14-93 ARTICLE I. ELECTRICITY* Sec. 14-1. Granted. There is hereby granted to Iowa -Illinois Gas and Electric Company, an Illinois corporation authorized to do business in the state, hereinafter called the "company," and its succes- sors and assigns, the right and franchise to acquire, construct, erect, maintain, and operate in the city, an electric light and power system, including the right to erect, install, and main- tain the necessary poles, lines, wires, transmission lines, con- duits and other appliances for the transmission and distribu- tion of electric energy along, under, and upon the streets, ave- nues, alleys, bridges, viaducts, and public places in the city. This franchise shall be effective for a twenty -five-year period but the city council may, at the end of the first fifteen (15) years, review said franchise and if deemed desirable, re- negotiate and submit an amended franchise to the voters. (Ord. No. 2170, § 1, 8-10-59) Sec. 14-2. Rights subject to state law; franchise not exclu- sive. The rights and privileges granted by this article are subject to the restrictions and limitations of Chapter 397 of the Code of Iowa 1958, and this franchise shall not be exclusive. (Ord. No. 2170, § 2, 8-10-59) *Cross reference—Underground electrical service, Ch. 33, Art. III. • Supp. No. 5 919 73K § 14-3 IOWA CITY CODE • Sec. 14-3. Company's right to erect poles, install wiring, etc. The company shall have the right to erect hereafter all necessary posts, poles, or conduits and to place thereon the necessary wires, fixtures, and accessories for the conducting of currents of electric energy in and through the city, pro- vided that the same shall be so located and maintained as to make no unnecessary obstruction of any drains or sewers or the flow of water therefrom, which have been or may here- after be located by authority of the city. Said posts, poles, conduits, wires, fixtures, and accessories shall be so erected and maintained in the streets, avenues, alleys, and public places of the city as to make no unnecessary obstruction therein to the use thereof by the public and as to comply with the specifications of the National Electrical Safety Code as approved by the American Engineering Standards Commit- tee in force at the time of such construction, and shall be so placed and the wires attached to or placed upon them shall be kept at such an elevation as to avoid danger to persons and adjacent property. The company is authorized and empowered • to cut and trim in a careful and prudent manner, at its ex- pense, any trees extending into any street, alley, or public ground so as to prevent limbs or branches from interfering with the wires of the company. The obligation of the company, however, shall not extend beyond trimming trees sufficiently to clear the electric wires. (Ord. No. 2170, § 3, 8-10-59) Sec. 14-4. Company to relocate installations in, over, on or under public streets at direction of council. The company shall, at its cost and expense, relocate its in- stallations in, on, over, or under any public street in the city in such manner as the city council may at any time reason- ably require for the purposes of facilitating the construction, reconstruction, maintenance, or repair of any public improve- ment of, in, or about any such street or promoting the effi- cient operation of any such improvement. (Ord. No. 2170, § 4, 8-10-59) Supp. No. 5 • 920 • FRANCHISES § 14-5 Sec. 14-5. Company to furnish map of underground installa- tions and update information. The company shall furnish to the city for filing in the city engineer's office as soon as reasonably practicable, a map showing the location of all existing underground electrical is • Supp. No. 5 920.1 73!r • FRANCHISES § 15-59.1 Sec. 14-56. Grant not exclusive. Nothing contained in this article shall be construed as to grant unto the company an exclusive right upon the streets and alleys or to interfere with any rights already granted, or to prevent the grant of similar privileges to other individuals or companies for like purposes. (Ord. No. 502, 3-5-1897) Sec. '14-57. Police and fire alarms. In consideration of the rights and privileges herein granted the company shall furnish free of cost to the city, one tenpin cross arm for its fire alarm and police wires, upon all poles erected pursuant to this article. (Ord. No. 502, 3-5-1897) Sec. 14-58. Compliance with ordinances. The company shall be at all times subject to all ordinances now in force, or that may hereafter be passed, relative to the • use of public streets and alleys or other public places. (Ord. No. 502, 3-5-1897) Sec. 14-59. Reserved. ARTICLE IV. BROADBAND TELECOMMUNICATIONS* DIVISION 1. GENERALLY Sea 14-59.1. Nonexclusive franchise. (a) This section grants a fifteen -year nonexclusive fran- chise to operate a broadband telecommunications network to one or more franchise holders to be selected by the city council following an election to be held on November 28, 1978. The franchise or franchises granted shall, as set forth below, be subject to the provisions of Division 2 hereof, the Broadband Telecommunications Enabling Franchise Ordinance. •Editor's note—Ord. No. 78-2928 and Ord. No. 79-2949 have been codi- fied as Div. 1, §§ 14-59.1, 14-59.2 at the editor's discretion. Also at the editor's discretion, §§ 14-60-14-93 have been designated as Div. 2. • Supp. No. 6 931 73to §- 14-59.1 IOWA CITY CODE • (b) The city council reserves the right to refuse to select a franchise holder if such refusal is subsequently deemed to be in the public interest. (c) The franchise shall be subject to all of the following: (1) Division 2 hereof, the Broadband Telecommunication Enabling Franchise Ordinance. (2) The terms of the franchise applicant's proposal of September 29, 1978, submitted by the franchise appli- cant, where the terms of the proposal do not conflict with or modify the provisions of Division 2 hereof. In instances where the terms outlined in the proposal are in conflict with or modify the provisions of Division 2, the provisions of Division 2 shall apply. (3) All promises and commitments whether oral or written, made by the franchise applicant, its officers, agents or employees prior to the approval of the franchise by the city voters and the city council. Such promises and • commitments shall be deemed to be terms of the fran- chise and subject to the regulatory, administrative and other provisions of Division 2 hereof. (Ord. No. 78-2928, §§ 1-3, 10-17-78) Sec. 14-59.2. Granted to Hawkeye CableVision Corporation. (a) Purpose. The purpose of this section is to award a franchise for cable television to Hawkeye CableVision Corpo- ration. (b) Enactment. Hawkeye CableVision Corporation is hereby granted a nonexclusive franchise to operate a broadband tele- communications system within the city in accordance with Division 2 of this article, which establishes standards, regula- tions and procedures for the granting of a broadband tele- communications franchise, and the rules and regulations adopted by the Iowa City Broadband Telecommunications Com- mission, all ordinances of the city and all applicable rules and regulations of the Federal Communications Commission and the state. Supp. No. 5 932 • • FRANCHISES § 14-61 (c) Duration of franchise. The franchise shall continue in full force and effect for a term of fifteen (lb) years from its effective date. (Ord. No. 79-2949, §§ 1-3, 3-20-79) DIVISION 2. ENABLING ORDINANCE Sec. 14-60. Short title. This article shall be known and may be cited as the 'Broad- band Telecommunications Franchise Enabling Ordinance." (Ord. No. 78-2917, § 2,8-22-78) Sec. 14-61. Definitions. For the purpose of this article the following terms, phrases and words and their derivations shall have the meaning spe- cified herein. When not inconsistent with the context, words • used in the present tense include the future and words in the singular number include words in the plural number. Additional service shall mean a subscriber service provided by the grantee for which a special charge is made based on program or service content, time or spectrum space usage. AC: Abbreviation for alternating current. Annual gross revenues shall mean all revenues received by the grantee, its affiliates or subsidiaries from and in con- nection with the operation of the broadband telecommunica- tions network in the City of Iowa City, Iowa, and shall in- clude revenues from all sources including without limitation revenues from advertising, channel leasing, data transmis- sion and per program charges and any other charges not specifically prohibited by the FCC or a court of competent jurisdiction, in addition to the subscriber's monthly payments. AGC (automatic ,gain control): An electronic circuit which automatically increasek or decreases, within its design range, the gain of an amplifier in order to maintain a stable or fixed output level. (Sometimes called ALC or AVC.) • Supp. No. 6 932.1 737 § 14-61 IOWA CITY CODE • ASC (automatic slope or tilt control): An electronic circuit or thermal device that compensates for changes in cable or amplifier characteristics caused by temperature variations. Basic service shall mean all subscriber services provided by the grantee, including the delivery of broadcast signals and programming originated over the cable system, covered by the regular monthly charge paid by all subscribers. Broadband telecommunications network (BTN) shall mean any network of cables, optical, electrical or electronic equip- ment, including cable televisions systems, used for the pur- pose of transmission of electrical impulses of television, radio and other intelligences, either analog or digital for sale or use by the inhabitants of the city. BTN channel capacity: The highest total number of cable television channels on which television signals from separate sources may be delivered downstream simultaneously to every subscriber in the network. The network may have additional channel capacity for specialized or discrete purposes, but the • technical performance specified shall not be materially de- graded thereby. Cable television channel: A frequency band six (6) MHz in width within which a standard television broadcast signal Supp. No. 6 • 932.2 • Chapter 17 HOUSING* Sec. 17-1. General provisions. The following general provisions shall apply in the inter- pretation and enforcement of this chapter: (a) Legislative finding. It is hereby found that there exist and may in the future exist, within the city, premises, dwellings, dwelling units, rooming units or parts there- of, which by reason of their structure, equipment, sani- tation, maintenance, use or occupancy affect or are likely to affect adversely the public health (including the physical, mental and social well-being of persons and families), safety and general welfare. To correct and prevent the existence of such adverse conditions and to achieve and maintain such levels of residential environmental quality as will protect and promote pub- lic health, safety and general welfare, it is further found that the establishment and enforcement of mini- mum housing standards are required. (b) Purposes. It is hereby declared that the purpose of this chapter is to protect, preserve and promote the physical and mental health and social well-being of the people, to prevent and control the incidence of com- municable diseases, to reduce environmental hazards to health, to regulate privately and publicly owned dwell- ings for the purpose of maintaining adequate sanita- tion and public health and to protect the safety of the •Editor's note—As it is currently set out, Ch. 17 is basically derived from Ord. No. 78-2891, § II, enacted May 9, 1978; prior to the enactment of the above ordinance Ch. 17 was derived from the follow- ing legislation: Code 1966, §§ 9.30.1--9.30.10; Ord. No. 2415; Ord. No. 2438; Ord. No. 2496; Ord. No. 2521; Ord. No. 2551. Ord. No. 78-2891, § III, repealed the following ordinances: Ord. No. 2415; Ord. No. 2438; Ord. No. 2496; Ord. No. 2521; Ord. No. 2557. Cross references—Department of housing and inspection services, Ch. 2, Art. VI; buildings and building regulations, Ch. 8; electrical regula- tions, Ch. 11; fire prevention and protection, Ch. 12; plumbing, Ch. 28. • Supp. No. 6 1149 73F J 17-1 IOWA CITY CODE • people and to promote the general welfare by legisla- tion which shall be applicable to all dwellings now in existence or hereafter constructed. It is hereby further declared that the purpose of this chapter is to insure that the quality of housing is adequate for protection of public health, safety and general welfare, including establishment of minimum standards for basic equip- ment and facilities for light, ventilation and thermal conditions, for safety from fire and accidents, for the use and location and amount of space for human occu- pancy and for an adequate level of maintenance; de- termination of the responsibilities of owners, operators and occupants of dwellings; and provision for the ad- ministration and enforcement thereof. (c) Scope. The provisions of this chapter shall apply uni- formly to the construction, maintenance, use and oc- cupancy of all residential buildings and structures, where applicable, and shall apply uniformly to the alteration, repair, equipment, use, occupancy and main- tenance so of all existing residential buildings and struc- tures within the jurisdiction of the city irrespective of the date of construction. (d) Title. This chapter shall be known and may be cited as the Housing Maintenance and Occupancy Code of the City of Iowa City, hereinafter referred to as "the Housing Code." (Ord. No. 78-2891, § II, 5-9-78) Sec. 17-2. Definitions. The following definitions shall only apply in the interpreta- tion and enforcement of the Housing Code: Accessory structure shall mean a detached structure which is not used, or not intended to be used, for living or sleeping by human occupants. Adjoining grade shall mean the average elevation of the ground which extends three (3) feet from the perimeter of the dwelling. Supp. No. b • 111;0 • APPENDIX A -ZONING § 8.10.35.2 sign includes, but is not limited to, any and all reading matter, letters, numerals, pictorial representations, emblems, trade- marks, inscriptions, and patterns, whether affixed to a build- ing, painted or otherwise depicted on a building, or separate from any building. BB. Sign area. The sign area shall be that area determined by using actual dimensions where applicable, or approximate dimensions when irregularity of sign shape warrants. Such area shall include the extreme points or edges of the sign, ex- cluding the supporting structure which does not form part of the sign proper or of the display. The area of the sign composed of characters or words attached directly to a building or wall surface shall be the smallest trapezoid or hexagon which en- closes the whole group. (Ord. No. 80-2986, § 2A, 2-19-80) CC. Under -canopy sign. A sign attached to the underside of a canopy, marquee, building projection or any similar pro- jection from a building protruding over public or private sidewalk or right-of-way. (Ord. No. 73-2683, § II, 8-25-73; • Ord. No. 74-2744, § II, 11-12-74) 8.10.35.2 Signs permitted in all zones. Signs hereinafter designated shall be permitted in all zoning districts. A. Real estate signs. Temporary signs advertising the sale, rental or lease of the premises or part of the premises on which the signs are displayed. One such nonilluminated sign not to exceed six (6) square feet, shall be permitted on each premise. Such signs shall not extend higher than four (4) feet above grade level or closer than five (5) feet to any prop- erty line unless located on the wall of a building. Such signs shall be removed within forty-eight (48) hours after the execution of an offer to buy or a contract of sale. B. Construction signs. Signs identifying the architects, en- gineers, contractors and other individuals involved in the con- struction of a building and signs announcing the character of the building enterprise or the purpose for which the building is intended but not including product advertising. In Residen- tial or R Zones, one such nonilluminated sign not to exceed Supp. No. 6 • 2555 70 § 8.10.36.2 IOWA CITY CODE six (6) square feet shall be permitted on each premise. Such sign shall not extend higher than four (4) feet above grade level or closer than five (5) feet to any property line unless located on the wall of a building. Such sign shall be removed within forty-eight (48) hours after the completion of con- struction or the execution of an acceptance of an offer to buy or a contract of sale. In all other zones, one such non - illuminated sign, not to exceed fifty (50) square feet, shall be permitted per street frontage. Such sign shall not extend higher than ten (10) feet above grade level or be closer than ten (10) feet to any property line unless located on the wall of a building on the premises or on a protective barricade surrounding the construction. Such signs shall be removed within one week following completion of construction or the execution of an acceptance of an offer to buy or a contract of sale. C. Political campaign signs. Temporary signs announcing candidates seeking public political office or pertinent political issues or signs containing other election information, such as • "Vote Today" signs. Political signs are permitted in all zones subject to the following requirements: 1. In residential zones, one nonilluminated political sign not to exceed six (6) square feet in area for each candidate or pertinent political issue may be displayed on each premises. Such signs shall not be erected earlier than thirty (30) days prior to. the date balloting takes place for the candidate or issue indicated on the sign, and any such sign shall be removed no later than two (2) days after said balloting date. 2. In other zones, political signs shall conform to the applicable regulations for other permitted advertising signs. Such signs shall not be erected earlier than forty- five (45) days prior to the date balloting takes place for the candidate or issue indicated on the sign, and any such sign shall be removed no later than seven (7) days after said balloting date. Political signs in the ation, telephone number and other related information about the business being conducted on the premises. Supp. No. 6 2556 • • APPENDIX A—ZONING §8.10.85.10 These signs may also include information relative to the acceptance of credit cards or bank cards. (Ord. No. 74-2738,§ H(L), 10-29-74) C. Special requirements. 1. All facia signs shall project no more than one foot from the building and shall not extend above the roof line unless located on the face of a parapet wall. 2. All monument signs shall extend not more than five (5) feet above the grade. S. All free-standing signs shall not exceed thirty-five (35) feet in height nor less than ten (10) feet above grade. No dimension of said sign shall exceed fifteen (15) feet nor shall any part of said sign project on or over any property line established by law. 4. All projecting signs shall project no more than six (6) feet from the building and shall be not less than ten (10) feet above grade over pedestrian -ways or • fourteen (14) feet above grade over vehicular -ways and parking areas. No dimension of said sign shall ex- ceed ten (10) feet and extend no more than four (4) feet above the roof line. 5. All under -canopy signs shall not exceed a maximum dimension of six (6) feet or in any case more than seventy-five (75) per cent of the width of the canopy to which it is attached. No portion of said sign shall be less than ten (10) feet above grade level. 6. Off -premises identification and/or advertising billboard signs are permitted. See section 8.10.35.13 for require- ments. (Ord. No. 73-2683, § X, 8-25-73; Ord. No. 74- 2744, § II, 11-12-74; Ord. No. 80-2986, § 2B, 2-19-80) 8.10.35.10 CB Zone regulations. A. General requirements. 1. Two (2) or more block faces, directionally opposite, may promote uniform signage along a general design or theme, provided that all tenants and owners agree by • petition upon said design or theme. Said design or theme Supp. No. 5 2571 7f -o .. §; 8.10.3510 IOWA CITY CODE may deviate from the district regulation upon the ap- proval of said plan by the city council, after public hearing thereon as prescribed in the zoning ordinance, after recommendation by the planning and zoning commission. B. Permitted signs. 1. One on -premises identification and/or advertising facia sign shall be allowed provided it does not exceed twenty (20) per cent of the area of the front wall of the building. If the building is higher than one story, and the business occupies more than one story, then the maximum size signage permitted shall be determined by using twenty (20) per cent of the area of the face (or front wall) of the building that is occupied by the business. Said sign may be nonilluminated or in- ternally or externally lighted with a nonflashing light source. is 2. One on -premises identification under -canopy sign not • to exceed six (6) square feet per sign face per building frontage shall be permitted. Said sign shall consist of not more than two (2) faces, said faces to be paral- lel and may be nonilluminated or internally lighted with nonflashing white light. 3. One on -premises directory facia sign not to exceed four (4) square feet in area per sign face shall be permitted where occupants have no street frontage and shall be located immediately adjacent to the principal entrance to said occupant's premises. Said sign may be nonilluminated or internally lighted with nonflashing white light. 4. One on -premises advertising marquee sign not to ex- ceed one square foot per lineal foot of building frontage and not to exceed fifty (50) square feet shall be per- mitted. Said sign shall consist of no more than two (2) faces and may be nonilluminated or internally lighted with nonflashing white light. Supp. No. 6 2572 t • • APPENDIX A—ZONING ¢ 8.10A0 (A) Applicability: (1) Whenever there is a change in an existing use, the requirements of this subsection shall be applicable to the entire lot or separate tract. (2) Whenever a building is constructed; recon- structed or structurally altered by one or more additions, the total of which increases the floor area by more than ten (10) per cent, the requirements of this subsection shall be applicable to the entire lot or separate tract. (3) If any provision of this section would preclude the planting of one or more trees adjacent to the right-of-way, the trees unable to be plant- ed adjacent to the right-of-way shall be plant- ed within the right-of-way according to the provisions of paragraph (C). However, trees • excluded by the provisions of paragraph (C) may be omitted. (4) Property in the CB zone shall be exempt from the requirements of this paragraph. (B) Required tree planting adjacent to street rights- of-way. Trees shall be planted adjacent to street rights-of-way and meet the following conditions: (1) The species to be planted shall be listed in the "List of Recommended Trees for Iowa City" as street trees or permitted by the city for- ester. (2) Large and medium size trees shall be planted at a minimum ratio of one tree for every forty (40) feet of lot frontage; or for small size trees, every thirty (30) feet of lot front- age. In the case of a corner lot, only one tree for every sixty (60) feet of lot frontage shall be required. • Supp. No. 6 2585 § 8.10.40 IOWA CITY CODE • (3) Trees shall be planted adjacent to street rights- of-way within eight (8) feet of the right-of- way line but not closer than four (4) feet to a public sidewalk or the anticipated location of a future sidewalk where one does not now exist. (4) Small size trees may be located to within eight feet of a building; however, large and medi- um size trees shall not be located closer than sixteen (16) feet to a building. (5) Large and medium size trees shall be spaced no closer than forty (40) feet apart; or for small size trees, no closer than sixteen (16) feet apart, except along streets where screen- ing is appropriate or required. In the latter case, trees shall be planted in accordance with the provisions of section 8.10.18.A, Screening, and be of a variety suitable for screening pur- poses as designated in the "List of Recom- • mended Trees for Iowa City." (6) Trees shall be located within tree islands and separated from parking areas pursuant to the requirements of paragraph 8.10.40.7(C), Required tree planting for parking areas. (7) Trees shall not be located within a triangular area at street intersections, two (2) of its sides thirty (30) feet in length and measured along the right-of-way lines from the point of intersection. (8) Trees shall be placed to avoid interference with the construction, maintenance and opera- tion of public and private utilities above or below ground as determined by the utility companies and the city engineer. (C) Placement of trees within public rights-of-way. Trees planted within public rights-of-way shall meet the following conditions. (1) A tree planting permit shall be obtained from the city forester. Supp. No. 6 • 2586 • APPENDIX A—ZONING §'&10.40 (2) The species to be planted shall be listed in the "List of Recommended Trees for Iowa City" as street trees or permitted by the city forester. (3) Trees shall not be located within four (4) feet of a public sidewalk or the anticipated loca- tion of a future sidewalk where one does not now exist. (4) Trees shall not be located within five (5) feet of the curb. (5) At street intersections, trees shall not be 10- cated within seventy (70) feet of the inter- section of curb lines along arterial streets, fifty (50) feet along collector streets, or with- in thirty (30) feet of the intersection of curb lines along residential streets. (6) At the intersection of a street and an aisle or a drive and at the intersection of a street and an alley, trees shall not be located within • ten (10) feet of the drive, aisle or the right-of- way line of the alley. (7) Large and medium size trees shall be spaced no closer than forty (40) feet apart or located closer than sixteen (16) feet to a building. Small size trees shall be located no closer than sixteen (16) feet apart but may be located to within eight (8) feet of a building. (8) Trees shall be placed to avoid interference with the construction, maintenance and oper- ation of public and private utilities above or below ground as determined by the utility companies and the city engineer. (Ord. No. 79- 2964, § 2E, 8-28-79; Ord. No. 80-2984, § 2A, 2-12-80) 8.10.40.7 Trees on private property for residential uses and parking areas. The following provisions shall regulate the planting of trees on private property for resi- dential uses and parking areas. • Supp. No. 6 2687 7P-Pz § 8.10.40 IOWA CITY CODE • (A) Applicability: (1) Whenever the total number of parking spaces required or provided for a use exceeds eight- een (18) parking spaces, the requirements of paragraph (C) shall be applicable. This paragraph shall also apply in the following instances: (a) If the number of parking spaces in an existing parking area is increased to ex- ceed an area which accommodates eight- een (18) nine -by -twenty -foot parking spaces, the parking area in excess shall comply with the requirements of this paragraph. (b) If an existing parking area, which exceeds eighteen (18) parking spaces, is increased in area, the additional parking area shall comply with the requirements of this paragraph. • (c) If an existing parking area does not con- sist of a permanent dustfree surface and is required to be surfaced or altered in any way, the provisions of this paragraph shall apply as if the parking area had not previously existed. (2) Whenever a residential building is constructed, reconstructed or structurally altered by one or more additions, the total of which increases the floor area by more than ten (10) per cent, the requirements of paragraph (B) shall be applicable to the entire lot or separate tract. (3) Property in the CB zone shall be exempt from the requirements of paragraphs (B) and (C). (4) Parking ramps, covered parking areas and parking areas that are an integral part of a building shall be exempt from the require- ments of this subsection. Supp. No. 6 • 2588 • • APPENDIX A—ZONING § 8.11.oza strutted in such a manner that saltwater run- off will not damage the tree. (6) Trees allowed in small tree islands shall be planted within required tree islands at the ratio of one tree for each one hundred seventy (170) square feet of tree island area. Large or medium size trees not allowed in smaller islands shall be planted within required tree islands at the ratio of one tree for each three hundred fifty (350) square feet of tree island area. (7) Trees allowed in small tree islands shall be located a minimum of four and a half (41/2) feet from the edge of a tree island and trees allowed only in large tree islands shall be located a minimum of nine (9) feet from the edge of a tree island. (8) Trees shall not be located within four (4) feet of a public sidewalk or within three (3) feet of a street right-of-way line where a public sidewalk does not exist. (Ord. No. 79-2964, § 2F, 8-28-79; Ord. No. 80-2984, § 2B, 2-12-80) 8.10.40.8 Installation. All tree plantings required by this section shall be installed prior to occupancy or com- mencement of a use. If the plantings cannot be installed prior to occupancy or commencement of a use, the building inspector may grant a delay to the seasonal calendar dates of June first or November first, which- ever occurs first. (Ord. No. 79-2964, § 2G, 8-28-79) 8.10.40.9 Maintenance. It shall be the responsibility of the - owner of a lot to maintain and replace, if necessary, trees required by these provisions after their planting. (Ord. No. 79-2964, § 211, 8-28-79) 8.11.02.01 Title. This section shall be known and may be cited as "Flood Hazard Overlay Zones of Iowa City, Iowa." The short title Supp. No. 5 2691 7s"3 § 8.11.02.01 IOWA CITY CODE • for this section shall be known as "Flood Management Regu- lations." (Ord. No. 77-2832, § II, 4-26-77) 8.11.02.02 Purpose. The purpose of section 8.11.02 is to establish regulations to help minimize the extent of floods and the losses incurred in flood hazard areas and to promote the public health, safety and welfare. (Ord. No. 77-2832, § II, 4-26-77) 8.11.02.03 Statement of legislative intent. This section is intended to permit only that development within the floodplain which is appropriate in light of the probability of flood damage. The regulations in this section shall apply to all property located in the floodplains, as shown on the Flood Hazard Boundary Maps for Iowa City, as adopted by this section and filed with the city clerk. It is the intent of this section that these regulations combine with and qualify with the zoning ordinance regulations. Any use not permitted • by the primary zone shall not be permitted in the floodplain and any use as permitted by the primary zone shall be per- mitted in the floodplain only upon meeting conditions and any requirements as prescribed by this section. (Ord. No. 77-2832, § II, 4-26-77) 8.11.02.04 Supplemental definitions. Ad?ninistrator—the Federal Insurance Administrator. Appurtenant structure—a structure which is on the same parcel of property as the principal structure to be insured and the use of which is incidental to the use of the principal structure. Supp. No. 6 • 2592 • STATUTORY REFERENCE TABLE This table shows the location within this Code, either in the text or notes following the text of references to the state law or related matters. I.C.A. Section I.C.A. Section Section this Code Section this Code 4.1 1-2 321.307 23-138 4.1(1) 1-5 321.311 23-200 Ch. 48 10-1 321.314-321.318 23-132 Ch. 56 10-20 321.319 23.165 Ch. 104A 18-32 321.320 23.166 Ch. 123 5-6(f) 321.321 23-163 123.1 Ch.5 (note) 321.322 23-164 123.82(2) Ch. 6 (note) 321.324 23-169 123.39 Ch.5 (note) 321.326 23-217 123.49(2) 5-36 321.327 23-212 135D.1 Ch. 22 (note) 321.328 23-213 321.1 Ch. 23 (note) 321.329 23-218 23-1 321.331 23-220 321.98 321.174 23-99 321.332 321.341 23-221 23-131 • 321.229 23-19 321.345 23-161,23-162 321.230 23-2 321.353 23-167,23-168 321.231 23-123 321.358 23-235 321.232 23-123 321.362 23-121 321.234 23-2 321.363 23-136 Ch. 23, Art. IV (note) 321.365 23-122 321.236 Ch. 23 (note) 321.367 23-133 Ch. 23, Art. IV (note) 321.368 23-134 321.236(7) Ch. 35 (note) 321.371 23-140 321.255 23-20 321.384 23-62 321.256 23-29 321.448 23-190 321.257 23-34 Ch. 330 Ch.4 (note) 321.259 23-35 331.333 23-222 321.260 23-36 351.1 Ch.7 (note) $21264 23-50 364.12(2) Ch. 31 (note) 321.266 23-48 364.12(2)(b) Ch. 31, Art. V, 321.268 23-49 Div. 3 (note) 321.277 23-139 364.12(2)(d) 31-111 321.285 23-188 372.9 Charter (note) 321.297 23-124 372.13(3) Ch. 2, Art. III, 321.299 23-151 Div.5 (note) 321.302 23-151 376.2 2-19 321.304 23-152 380.8 1-1 321.306 23-125 380.10 8-16 Supp. No. 6 _ • 2913 IOWA CITY CODE • I.C.A. Section I.C.A. Section Section this Code Section this Code 11-4 414.6 27-17 28-2 Ch. 419 2-206 384.40 Ch. 33 (note) Ch. 524 18-34(b) 388.1 Ch. 33 (note) Ch. 533 18-34(b) 392.5 Ch. 20, Art. II Ch. 534 18-34(b) (note) Ch. 536 18-34(b) 392.7. Ch. 27, Art. II Ch. 53'6A 1&34(1,) (note) Ch. 601A 18-37(c) Ch. 397 14-2,14-28 601A.1 Ch. 18 (note) 403.12(1)(h) 8-1 601A.17 Ch. 18 (note) 409.1 Ch. 32 (note) 657.1 Ch. 24, Art. VI 409.14 , Ch. 32 (note) (note) 414.1 App. A (note) 755.11 29-1 • [The next page is 2935] • Supp. No. 5 2914 • CODE COMPARATIVE TABLE 7�- Section Ord. No. Adpt- Date Section this Code 78-2909 7-11-78 II(1)—(4) 17-3(c)—(f) 78-2911 7-25-78 2,8 33-42(a), 33-43 78-2912 7-25-78 2 8-17(6), (8), (9), (13), (15),(16) 79-2913 8- 8-78 '2 5-25(a) 3 5-34(a) 78-2914 8- 8-78 2 5-1 78-2915 8-22-78 2 App. A, § 8.10.18G 78-2916 8-22-78 2-9 34-69-34-76 11 Rpld 34-69-34-74 34-82-34-85 78-2917 8-22-78 2 14-60-14-93 78-2918 9- 5-78 Adopting Ordinance, p. ix 78-2920 9-21-79 2 App. A, § 8.10.3A 2a, 21a, 28a ' App. A, § 8.10.7 A7 78-2921 9-19-78 II App- A, § 8.10,19 II 78-2924 78-2925 10- 3-78 10- 4-78 2 11(1), (2) App. A, § 8.10.12 K 8-17(9.1).,(11.1) • 78-2926 10-17-78 11(1), (2) 8-19(e)(1), (2) 78-2927 10-17-78 II 8-17(16) 78-2928 10-17-78 1-3 14-59.1 78-2929 10-24-78 2 23-189 78-2931 12- 5-78 II App. A, § 8.10.21 III Rpld App. A, §§ 81022D, 8-10.23 B9, Cl, 2, 8.10.24B—D 78-2932 12- 5-78 I Rpld 23-279 78-2933 12- 5-78 2 23-180(b), (c) 79-2939 1-30-79 1 App. A, § 8.10.3A 29a, 37a 2 App. A, § 8.10.3A 77, 81, 82 3 App. A, § 8.10.27 4 Rpld 24-4 79-2941 1-30-79 I—VII 23-295-23-301 VIII 23-235(17) 79-2942 2- 6-79 2 8-17(9.01), (9.02) 79-2943 2-20-79 IT App. A, § 8.10.35.22 79,-2344 2-20-79 2 8-45(b) 79-2945 2-20-79 IZ 12-21 79-2946 3- 6-79 II 17-12(f) 7 Supp. No. 5 Supp. 3-20-79 2 25-60-25-66 • 2953 7�- IOWA CITY CODE • Section Ord. No. Adpt. Date Section this Code 79-2949 3-20-79 1-3 14-59.2 79-2950 4- 3-79 2 5-2(2) 79-2951 4-10-79 2A 18-1 _ B 18-17(1) C 18-31(d)(1) D 18-31(d)(G.);'(7).: E 18-32(a)(4) F 18-34 G 18-37(b) H 13-29(a) I 18-40(d) j 18-43 79-2952 4-24-79 IA 23 -297(a) -=(e) B Rpld 23-298 C 23-235(17) 79-9953 5- 8-79 2(1) 17-2 (2) Rnbd 17-4(g)—(j) as (1)=(o) (3) 17440(2)b (4) 17-4(n) (2)li, d ' • (5) Rpld 17=4(o), , 17-5(c), (d) (6) Rnbd 17-5(e()—(h) as (c)—(f) 17-5(e)(2)a (7) 17-5(e)(2)c (809) 17-7 (e), (f) (1) (10) Rpld 17-7(s) (11)—(16) 17-9(b)—(g) ' (17) Rpld 17-9(h) (18) Rnbd 17-9(i)—(dd) as(h)—(cc) ' (19)—(21) 17-9(h)—(j) (22) 17-9(p)(18) (23) 17-9(z) (24) Rnbd 17-10-17-13 as 17-11-17-14 (25),(26) 17-10,17-11 79-2956 5-29-79 2 25-60,25-61 79-2958 6-19-79 IA, B 15-2 1C 15-8(b) ID 15-62 79-2959 6-19-79 2 5-7-5-9 Supp. No. 6 2954 • • CODE COMPARATIVE TABLE • Supp. No. 5 [The next page is 2971] 2955 ,KY Section Ord. No. Adpt. Date Section this Code 79-2960 7- 5-79 2A App. A, § 8.10.35.1 C.1, L.1 2B App. A, § 8.10.35.12 A2 79-2961 7-17-79 1-3 2-206 79-2962 7-17-79 2 17-6(d) 79-2963 7-31-79 2(a) 23-1 2(b) 23-236(18),(19) 2(c) 23-166 79-2964 8-28-79 2A App. A, § 8.10.3 2b, 22a, 51a, 51b 2B App. A, § 8.10.3 A 60 2C -2H App. A, § 8.10.40.4- 8.10.40.9 3 Rpld App. A, § 8.10.40.4 --8.10.40.16 79-2966 8-28-79 2A App. A, § 8.10.3 A 49a 2B App. A, § 8.10.26 B2 79-2967 9-11-79 2 11-41 79-2968 9-11-79 IA, B 31-30(x)(1),(2) • 1C 31-30(a)(5) 79-2969 9-18-79 2 32-64(c)(2)(d) 79-2970 9-18-79 2 8-17(13.1) 79-2971 9-18-79 1 15-62(f) 79-2972 9-18-79 2(1) 17-2 2(2) 17-4(n)(1)(a)(2) 2(8) 17-4(n)(2)(g) 2(4) 17-6(c) 79-2973 9-25-79 2 Rpld 5-24 79-2975 10- 9-79 1 App. A, § 8.10.35.11 B7 79-2977 10-30-79 2(1)—(3) 17-4(m)(2)" 2(4),(5) 17-6(d), (f) (3) 2(6),(7) 17-7 (f) (1), (h) (1) 79-2978 11- 6-79 2 17-4(m)(2) g 79-2979 11- 6-79 2 31-121-41-123 80-2984 2-12-80 2A App. A, § 8.10.40.6 A4 2B App. A, § 8.10.40.7 A3 80-2985 2-19-80 2 8-17(14.1) 80-2986 2-19-80 2A App. A, § 8.10.35.1 BB 2B App. A, § 8.10.35.9 Cl 80-2987 2-19-80 1 2-206 80-2989 8- 4-80 2 5-26(b)(6) • Supp. No. 5 [The next page is 2971] 2955 ,KY •FRANCHISES—Cont'd. CODE INDEX Section Electrical codes, compliance with ................. 14-84(b) Emergency alert override ....................... 14-83(1) Emergency removal of poles, wires, etc............ 14-85(m) Excavation permit .............................. 14-85(b) Expiration of franchise ......................... 14-71(g) Review of franchise prior to expiration ......... 12-64(f) Extension of network .......................... 14-78 . Failure to enforce provisions .................... 12-64(c) Fairness of accessibilty ......................... 14-88(c) Fees Charges for service. See within this subtitle that subject PM signal carriage .............................. 14-83(j) Forfeiture of proposal bond ...................... 14-70(b) Franchise amendable ............................ 14-65(b) Franchise binding ............................... 14-65(i) Franchise nonexclusive ........................... 14-65(a) Franchise payment ............................... 14-73 Granted to Hawkeye Cable Vision Corporation ...... 14-59.2 Grantee rules and regulations .................... 14-67(£) Grantee to have ino recourse ................. 14-70(c) Hazardous facilitiesowls . 14-85(c) • Incorporation of proposals ...................... 14-70(g) Indemnification of city in franchise operation 14-74(b) Indemnification of franchise ...................... 14-74(a) Inducements not offered to grantee by city, etc. .. 14-70(e) Interconnection ................................. 14-86 Interruption of service; notification .............. 14-67(b) Iowa City broadband telecommunications commission Appointment, terms of office of members ....... 14-62(b) Composition .................................. 14-62(b) Established ................................... 14-62(a) ' Powers and duties ............................ 14-62(c) Leased access channel ........................... 14-83(f) Liability and indemnification .................... 14-74 Local origination channel ....................... 14-83(g) Location subject to experimental need ........... 14-80(c) Measurement of performance .................... 14-82 Nonexclusive franchise .......................... 14-59.1 Office to be maintained ........................ 14-67(c) Operation of franchise .......................... 14-67 Other regulatory agency's rules and regulations Grantee subject to ............................ 14-65(f) Payment ....................................... 14-73 Performance bond Generally ..................................... 14-75(b) Supp. No. 6 • 3010.1 IOWA CITY CODE • FRANCHISES—Cont'd. Section Waiver of performance bond ................... 14-74(g) Performance measurements ..................... 14-82 Poles, cables, wires, etc. Conditions of street occupancy ................. 14-85 Emergency removal of ........................ 14-85(m) Method of installation generally ............... 14-55(f) Pole or conduit use agreements ............... 14-65(g) Use of existing poles or conduits ............... 14-85(d) Preferential or discriminatory practices prohibited 14-88 Previous rights abandoned ...................... 14-65(e) Privacy of subscriber ........................... 14-89 Invasion of privacy ........................... 14-80(d) Privileges or exemptions must be specified ...... 14-65(c) Production studio Fixed color studio facility, etc ................... 14-67(d) Maintenance .................................. 14-67(c) Proposal bond .................................. 14-75(a) Forfeit of .................................... 14-75(c) Protection of facilities .......................... 14-85(g) Public access channels ........................... 14-83(a) Public liability insurance ........................ 14-74(d) et seq. Publication of franchise costs .................... 14-91 Purchase by city in event of revocation of franchise, • etc.... ................................... 14-71 Qualifications of grantee ........................ 14-66(b) Rates. See within this subtitle: Charges for Service Records of equipment installed in streets, etc. .... 14-85(1) Regulatory jurisdiction and procedures ............ 14-64 Repeal of certain ordinances ..................... 14-92 Reports and records of grantee ................... 14-72 Required ....................................... 14-66(a) Revocation of franchise ......................... 14-71 Right of property ............................... 14-65(h) Rights reserved to city ........................... 14-68 Safety codes, compliance with .................... 14-84(a) Sale or service of television receivers by grantee .. 14-67(h) Security fund ................................... 14-75(d) Service records maintained ...................... 14-67(e) Service response and rebate ...................... 14-67(j) Short title ..................................... 14-60 Significance of franchise ........................ 14-65 Specialist Appointment, responsibility of ................. 14-63 Street occupancy, conditions of ................. 14-85 Supp. No. 6 3010.2 • • • CODE INDEX FRANCHISES—Cont'd. Section Studios Fixed color studio, facility, making available and maintaining .............................. 14-67(d) Maintenance of production studios .............. 14-67(c) is Sapp. No. 5 3011 7f,eF • CODE INDEX INDUSTRIAL REVENUE BONDS Section Financing fee .................................... 2_206 Issuance .......................................... 2-206 INDUSTRIAL WASTES Unlawful discharges .............................. 33-18 Water and sewers. See that title INFANTS. See: Minora INFLAMMABLES, RLES Fire prevention code adopted ...................... 12-16 et seq. Fire prevention code. See that title INOCULATION Rabies and disease control ........................ 7-47 et seq. Animals and fowl. See that title INSPECTION SERVICES. See: Housing and Inspection Services Department INSURANCE Boards and commissions services ................... 2-102 City plaza, insurance and indemnification .......... 9.1-7(e) City plaza. See also that title INSURANCE SALVAGE. SALES • Going -out -of -business and similar sales ............. 21-31 et seq. Going -out -of -business and similar sales. See that title • Supp. No. 6 3020.3 �s�9 RESOLUTION NO. 80-349 RESOLUTION AUTHORIZING THE CITY MANAGER TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR THE ACQUISITION OF REAL PROPERTY FOR THE LOWER RALSTON CREEK NEIGHBORHOOD REVITALIZATION PROJECT (PARCEL #8 OWNED BY JOHN GILLISPIE). WHEREAS, the City Council of the City of Iowa City did approve Resolution No. 79-242 authorizing application for federal funds under the Community Development Block Grant/Small Cities Program for improvements in the Lower Ralston Creek Neighborhood; and WHEREAS, the Department of Housing and Urban Development has formally approved said application; and WHEREAS, the City Council did approve Resolution No. 79-489 authorizing the acquisition of real property required for said project; and WHEREAS, real estate appraisals and review appraisals have been conducted to establish fair market value of the parcels to be acquired for Phase II of said project; and WHEREAS, the City Council did approve Resolution No. 80-155 establishing just compensation for real property acquisition for Parcel #8 owned by John Gillispie in the Lower Ralston Creek Neighborhood Revitalization Project; and WHEREAS, in order to acquire said real property, the City desires to enter into contract 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 City Manager is hereby authorized to sign and the City Clerk to attest the contract for the purchase of the real property referred to below for the amount designated below; Parcel No. Purchase Price 8 $ 12,000 7-5V Resolution No. 80-349 Page 2 It was moved by Erdahl and seconded by Vevera the Resolution 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 12th day of August, 1980. YOR ATTEST: zi-1 2 , i � e'4 MY CLERK Vx} 5*1 Jt ee t_es g 7-57/ RESOLUTION NO. 80-350 RESOLUTION ESTABLISHING JUST COMPENSATION FOR THE ACQUISITION OF REAL PROPERTY FOR PHASE II OF THE LOWER RALSTON CREEK NEIGHBORHOOD REVITALIZATION PROJECT (PARCELS 9, 11, 14 and 15). WHEREAS, the City Council of the City of Iowa City did approve Resolution No. 79-242 authorizing application for Federal funds under the Community Development Block Grant/Small Cities Program for improvements in the Lower Ralston Creek Neighborhood; and WHEREAS, the Department of Housing and Urban Development has formally approved said application; and WHEREAS, the City Council did approve Resolution No. 79-489 authorizing the acquisition of real property required for said project; and WHEREAS, real estate appraisals and review appraisals have been conducted to establish fair market value of the above named four parcels to be acquired as part of Phase II of said project; NOW, THEREFORE BE IT RESOLVED THAT BY THE CITY COUNCIL OF IOWA CITY, IOWA: That the following amounts are hereby determined to be just compensation for the purpose of acquisition of the following real property: $30,100 for Parcel No. 9 legally described as: "Commencing at a point 80 feet East of the Northwest Corner of Lot 1, Block 20, County Seat Addition of Johnson County, Thence running South 70 feet, Thence East 60 feet, Thence North 70 feet, Thence West 60 feet to the Point of Beginning." $42,200 for Parcel No. 11, legally described as: "Lot 33 of White Subdivision of Outlot 4, County Seat Addition to Iowa City, Iowa, as per the recorded plat thereof." $3,350 for Parcel No. 14, legally described as: "That part of Lots 3, 4 and the south 20 feet of Lot 2 lying west of Ralston Creek all in Block 20, County Seat Addition to Iowa City, Johnson County, Iowa." and "Commencing at the Northeast corner of Block 20, in that part of Iowa Ci-ty, Iowa, known as the County Seat of Johnson County, Iowa; according to the recorded plat thereof; thence North 80° 37'54" West, 44.20 feet along the North line of said Block 20, to a point which is South 89° 37'54" East, 140.00 feet from the Northwest corner of said Block 20; thence South 000 09'24" West, 70.00 feet on a line parallel with the West line of said Block 20 to the Point -of -Beginning; thence North 890 37'54" West, 60.00 feet; thence South 0° 09'24" West, 70.00 feet; thence South 89° 37'54" East, 17.90 feet; thence North 280 47'26" East, 57.72 feet; thence South 0° 43'00" East, 132.00 feet; thence South 890 45'26" 7sz East, 60.00 feet on a line parallel with the South line of said Block 20, which is an assumed bearing for the purpose of this description; to a point on the East line of said Block 20, North 0° 43'00" West, 100.00 feet from the Southeast corner thereof; thence North 0° 43'00" West, 175.62 feet; along said East line, to a point on the center line of Ralston Creek, said point being South 0° 43'00" East, 45.50 feet, from the Northeast corner of said Block 20; thence South 55° 40'06" West, 54.47 feet; along said center line; thence North 000 09'24" East, 6.50 feet to the Point -of -Beginning. All in accordance with the deed, recorded in Book 406, page 424 of the Johnson County Recorders Office." $4,425 for Parcel No. 15, legally described as: "Lot 23 of White's Subdivision of Outlot 4 excepting commencing at the Southeast corner of Lot 23 of said described outlot, Thence West 10 feet, Thence Northeasterly to a point 3 feet West to the Northeast corner of said Lot 23, Thence East 3 feet, Thence South 60 feet to the Place of Beginning." That the City Manager and the Community Development Block Grant Program Coordinator are hereby authorized and directed to begin negotiations for the acquisition of said parcels in accordance with the real property acquisition regulations of the Department of Housing and Urban Development. 3. That the City Manager, acting as Executive Officer of all Housing and Community Development Block Grant programs, is hereby authorized to contract for the purchase of said parcels. It was moved by Vevera 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 12th day of (August 1980. AY6/—� ATTEST: ._ CITY CLERK CLERKLERK 0 0 0 rx 0 ca /Z 0 LUZ Y W W I= r+.] U IIm W 0 0 J ,SIV ..._ — aj COURT" ST OFFICE HARRISON ST(. ' HENRY Il..l ' SABIN (I(I Z - SCHOOL 1 z ST z m z F-- w m J N z m B I LEGEND I EXISTING NEIGHBORHOOD Parcels to be Acquired . PROJECT BOUNDARY STREET CLOSED TO V111 VACATED STREETS 00 BLOCK NUMBER .. PARCEL NUMBER TRAFFIC SIR CITY OF IOWA ' SCALE I .rirlrw.. 7S1 J / RESOLUTION NO. 80-351 RESOLUTION AUTHORIZING THE CITY MANAGER TO FILE AN AMENDMENT TO THE HOLD HARMLESS ENTITLEMENT COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AND BUDGET TO PROVIDE FOR THE CONVERSION OF BUILDINGS IN THE DOWNTOWN URBAN RENEWAL PROJECT AREA (IOWA R-14) TO AN UNDERGROUND ELECTRICAL UTILITY SYSTEM. WHEREAS, the City of Iowa City is the recipient of Community Development Block Grant (CDBG) funds under Title I of the Housing and Community Development Act of 1974, as amended (Public Law 93-383); and, WHEREAS, the City of Iowa City wishes to allocate funds for the purpose of converting existing buildings in the downtown Urban Renewal Project Area (Iowa R-14) to an underground electrical utility system; and, WHEREAS, an opportunity exists whereby said utility conversion project may be funded through proceeds from the sale of Urban Renewal Parcel 64-1 (hotel site); and, WHEREAS, the Federal Regulations implementing the CDBG program require that an amendment to the program and budget be approved prior to undertaking new activities. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA: 1. That the City Manager is hereby authorized and directed to file with the U.S. Department of Housing and Urban Development an amendment to the hold harmless entitlement program and budget (Grant No. B -79 -HN - 19 -0005) to provide $165,000 for the conversion of existing buildings in the downtown Urban Renewal Project Area (Iowa R-14) to an underground electrical utility system. 2. That funds for this activity be allocated from the proceeds of the sale of Urban Renewal Parcel 64-1 (hotel site). It was moved by Vevera 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 12th day of August , 1980. AYOR ATTEST: C TY CLERK P,Krive.! & Axl• -)vett Ity The Legal D*parhrmit 7SS Vic: ✓��v RESOLUTION NO.80-352 RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH THE IOWA DEPARTMENT OF TRANSPORTATION, TO OBTAIN SECTION 18 FUNDING .(UMTA) WHEREAS, it is in the public interests to provide public transportation to the citizens to Iowa City, which citizens include the physically handi- capped; and WHEREAS, Iowa City has received a Section 18 grant from the Urban Mass Transportation Act (UMTA) to purchase transit equipment under a joint program with the Iowa Department of Transportation (IDOT); and WHEREAS, IDOT and the City have negotiated an Agreement governing the terms of said grant for 1980 to 1982. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: that the City Manager is hereby authorized to execute a Joint Partici- pation Agreement between the City of Iowa City and the Iowa Department of Transportation (IDOT) for use of Section 18 UMTA funding. It was moved by Erdahl and seconded by Vev era 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 thisl2th day of August 19 80. Mayor ATTEST: YY1 J %.� CiEy Clerkr� Received i Apprryved By Th• Legal Department �.J �o Council Member Lynch introduced the following Resolution entitled ''RESOLUTION MAKING AWARD OF CONTRACT" and moved its adoption. Council Member Erdahl seconded the motion to adopt. The roll was called and the vote was, AYES: Balmer, Erdahl, Lynch, Vevera ABSENT: Neuhauser, Perret, Roberts NAYS: None Whereupon, the Mayor declared the following Resolution duly adopted: 80-353 RESOLUTION MAKING AWARD OF CONTRACT BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: That the bid of Metro Pavers, Inc. of Iowa City, Iowa , in the amount of $ 49,976.00 for the construction of the 1979 BDI Second Addition Improvements, described in the plans and specifications heretofore adopted by this Council for said project, after public hearing on published notice required by law, be and is hereby accepted, the same being the lowest bid received for said work. The Mayor and Clerk are hereby directed to execute contract with the said contractor for the construction of said improvements and extensions, said contract not to be binding on the City until approved by this Council. PASSED AND APPROVED, this 12th day of August , 1980. payo� ATTEST: -5- AHLERS. GOONEY. DORWEILER. HAYNIE S SMITH. LAWYERS. DES MOINES. IOWA o7 C1 r—� -5- AHLERS. GOONEY. DORWEILER. HAYNIE S SMITH. LAWYERS. DES MOINES. IOWA o7 W 0 Council Member Vevera introduced the following Resolution entitled "RESOLUTION APPROVING CONTRACT AND BOND" and moved its adoption. Council Member Lynch seconded the motion to adopt. The roll was called and the vote was, AYES: Erdahl, Lynch, Vevera„ Balmer ABSENT: Neuhauser, Perret, Roberts NAYS: None Whereupon, the Mayor declared the following Resolution duly adopted: 80-354 RESOLUTION APPROVING CONTRACT AND BOND BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: That the contract and bond executed by Metro Pavers, Inc. of Iowa City, Iowa , dated August 11 1980, for the construction of the 1979 BDI Second Addition Improvements, as described in the plans and specifications and which have been signed by the Mayor and Clerk on behalf of the Municipality, be and the same are hereby approved. PASSED AND APPROVED, this 12th day of August 1980. ,jmayor ATTEST: -2- AHLER5. GOONEY. DORWEILER. HAYNIE&SMITH. LAWYERS. DES MOINES. IOWA 7 7� I Iowa City, Iowa, July 31 , 1980 A public meeting was held at 10:00 o'clock A .M., on the above date in the Engr. Conference Rm., Civic Center, Iowa City, Iowa, presided over by the City Engineer of the City of Iowa City, Iowa. Present were: Charles Schmadeke, City Engr.; Marian Karr Deputy City Clerk; Kenneth Albrecht, Metro Pavers Inc.; John i ers, ive- attery &Associates. Absent: The City Engineer thereupon announced that a purpose of this meeting was to receive, open and tabulate bids for the construction of the 1979 BDI Second Addition Improvements, in accordance with the plans and specifications heretofore filed with the Clerk of said City. The following bids were thereupon received, opened, inspected and tabulated, to—wit: Name and Address of Bidder Amount Of Bid Metro Pavers, Inc. of Iowa City, Iowa $49,976.00 Whereupon the City Engineer declared that said bids be referred to the City Council of the City of Iowa City, Iowa, at its meeting to be held on the 12th day of August , 1980, at 7:30 o'clock P .M., as heretofore ordered by reso- lution of said Council. City Englyfeer AHLERS, GOONEY. DORWEILER, HAYNIE & SMITH, LAWYERS, DES MOINES. IOWA 77,9 Whereupon, there was received and filed the City Engineer's report of the bids received on July 31 , 1980, and publicly opened pursuant to resolution of the Council and notice duly published for construction of the 1979 BDI Second Addition Improvements, in accordance with the plans and specifications now adopted, as attached following: (Attach copy of report of bids received) -4- AHLERS, GOONEY. DORWEILER. HAYNIE & SMITH, LAWYERS, DES MOINES. IOWA 74wa° Shive - Hattery & Associates Consulting Engineers Cedar Rapids .Iowa City . Davenport . Des Moines Dubuque . Ft. Madison . Vinton TABULATION OF BIDS 1979 BDI SECOND ADDITION IMPROVEMENTS IOWA CITY, IOWA ��mat cucc[%xJ iso, ono PAGE 1 OF 1 BID DATE: July 31, 1980 NAME AND ADDRESS OF BIDDER L Y BID SECURITY 5 / ESTIMATED ITEM DESCRIPTION QUANTITY UNIT PRICE EXTENDED PRICE UNIT PRICE EXTENDED PRICE UNIT PRICE EXTENDED PRICE UNIT PRICE EXTENDED PRICE UNIT PRICE EXTENDED PRICE 1. STORM SEWER CONSTRUCTION a. Connect to intake 1 Each $ /,2O $ /)-0, $ $ $ $ $ $ $ $ / . SO $ $ b. 12 -inch pipe 58 L.F. $ C. 24 -inch pipe 225 L.F. $ Z i $ $ $ $ $ $ $ d. 30 -inch pipe 695 L.F. $ h�, �� $� e. RA -5 intake 2 Each$ /_ /�(,'(J $ 7 f. Manhole 2 Each $ ?D $fir— (.� $ $ $ $ $ $ $ $ $ $ $ $ $ , $ g. Trench stabilizing material 50 Tons $ J° (iO PAVEMENT CONSTRUCTION a. 8 -inch thick P.C. concrete pavement, 1,055 S.Y. // $ / D(% $ �X 7 i J b. Relocate wooden barricade 1 Each $ $ $ $ $ S $ $ $ TOTAL BID PRICE $ 7e, $ $ $ August 12 , 1980 The City Council of Iowa City, Iowa, met in regular session, in the Council Chambers, Civic Center, Iowa City, Iowa, at 7:30 o'clock p.M., on the above date. There were present Mayor Balmer , in the chair, and the following named Council Members: Erdahl, Lynch, Vevera Absent: Neuhauser, Perret, Roberts -1- AHLERS, COONEY, DORWEILER. HAYN IE & SMITH. LAWYERS, DES MOINES. IOWA 7 ft;- COMPLETE & RETURN TO MR. HAYNIE CI6-3 1-79 CERTIFICATE STATE OF IOWA ) SS COUNTY OF JOHNSON ) I, the undersigned City Clerk of Iowa City Iowa, do hereby certify that attached is a true an comp ete cony of the portion of the corporate records of said Municipality showing proceedings of the Council, and the same is a true and complete copy of the action taken by said Council with respect to said matter at the meeting held on the date indicated in the attachment, which proceedings remain in full force and effect, and have not been amended or rescinded in any way; that meeting and all action thereat was duly and publicly held in accordance with a notice of meeting and tentative agenda, a copy of which was timely served on each member of the Council and posted on a bulletin board or other prominent place easily asccessible to the public and clearly designated for that purpose at the principal office of the Council (a copy of the face sheet of said agenda being attached hereto) pursuant to the local rules of. the Council and the provisions of Chanter. 2RA, Code of Iowa, upon reasonable advance notice to the public and media at least twenty-four hours prior to the commencement of the meeting as required by said law and with members of the public present in attendance; I further certify that the individuals named therein were on the date thereof duly and lawfully possessed of their respective city offices as indicated therein, that no council vacancy existed except as may be stated in said proceedings, and that no controversy or litigation is pending, prayed or threatened involving the incorporation, organization, existence or boundaries of the City or the right of the individuals named therein as officers to their respective positions. WITNESS my hand and the sea]. of said. n+nnir_ipality hereto affixed this IQ�11 day of 4611„ 1988 SEAL Cit Clerk, Iowa i'— Iowa AHLERS. COONEY. DORWEILER. HAYNIE S SMITH. LAWYERS. DES MOINES. IOWA W 0 (This Notice to be posted) NOTICE AND CALL OF PUBLIC MEETING Governmental Body: The City Council of Iowa City, Iowa. Date of Meeting: August 12, 1980 Time of Meeting: 7:30 P.M. Place of Meeting: Council Chambers, Civic Center, Iowa City, Iowa. PUBLIC NOTICE IS HEREBY GIVEN that the above mentioned governmental body will meet at the date, time and place above set out. The tentative agenda for said meeting is as follows: 1979 BDI Second Addition Improvements. - RESOLUTION making award of contract. - Resolution approving contract and bond. Such additional matters as are set forth on the addi- tional 4n page(s) attached hereto. (number) This notice is given at the direction of the Mayor pursuant to Chapter 28A, Code of Iowa, and the local rules of said governmental body. C1 rk City, Iowa' p J 81 Asaf Af AHLERS. COONEY. DORWEILER. HAYNIE N SMITH. LAWYERS. DES MOINES. IOWA 7A, FORM OF CONTRACT THIS AGREEMENT, made and entered into this 12 day of August 19 80 , by and between the City of Iowa City, Iowa, party of the first part, hereinafter referred to as the "Owner", and Metro Pavers, Inc. party of the second part, hereinafter referred to as the "Contractor". WITNESSETH That whereas the Owner has heretofore caused to be prepared certain plans, specifications, and proposal blanks, dated the 31st day of July _, 1980 , for 1979 BDI SECOND ADDITION IMPROVEMENTS for the City of Iowa City, Iowa, under the terms and conditions therein fully stated and set forth, and whereas, said plans, specifications and proposal accurately and fully describe the terms and conditions upon which the Contractor is willing to perform the work specified: NOW THEREFORE, IT IS AGREED 1. That the Owner hereby accepts the proposal of the Contractor for the work and for the sums listed below: See attached Form of Proposal. 2. That this Contract consists of the following component parts which are made a part of this Agreement and Contract as fully and absolutely as if they were set out in detail in this Contract: a. This Instrument b. Addenda Numbers Not applicable. c. Notice of Public Hearing and Notice to Bidders d. Instructions to Bidders e. Bid Bond and Performance and Payment Bond f. Form of Proposal (signed copy) g. Special Conditions h. General Conditions I.- Detailed Specification Requirements & Detailed Specifications j. Standard Specifications k. Plans Above components are complimentary and what is called for by one shall be as binding as if called for by all. In the event that any provision FC -1 SHIVE-HATTERY & ASSOCIATES �� in any component part of this Contract conflicts with any provision of any other component part, the provision of the component part first enumerated in this paragraph shall govern except as otherwise specifi- cally stated. 3• That payments are to be made to the Contractor in accordance with and subject to the provisions embodied in the documents made a part of this contract. 4. That this Contract is executed in four original copies. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals the date first written above. CITY OF IOWA CITY, IOWA (Title) Mayor ATTEST: (Title) City Clerk CONTRACTOR Metro Pavers, Inc. Seal Kenndth L. ATbrecht (Title) President ATTEST: (Title) (Company ficial) FC -2 SHIVE-HATTERY & ASSOCIATES 7�(D 1979 BDI SECOND ADDITION IMPROVEMENTS CITY OF IOWA CITY, IOWA FORM OF PROPOSAL NOTE TO BIDDERS: Please do not use the Form of Proposal included in the bound volume of the specifications. Separate copies of this proposal will be furnished to bidders upon application to the Engineer. Name of Bidder Metro PAVERS, Inc. P.0. sox 251 Address of Bidder 1722 Stevens Drive Iowa City, Iowa 52244 TO: The Honorable Mayor and City Council City Hall Iowa City, Iowa GENTLEMEN: A. The undersigned bidder submits herewith bid security in the amount of $ 5% in accordance with the terms set forth in the Instructions to Bidders. B. The undersigned bidder, having examined the plans, specifications, Notice to Bidders, the location and sites of the proposed work, the nature of the work to be done, extent and condition of existing structures affecting, or affected by the proposed work, and being fully advised as to the extent and character of the work and all existing local conditions, relative to construction dif- ficulties, hazards, labor transportation, hauling, trucking, rail delivery facilities, plant sites, and other factors affected by or affecting the work plans, including Addenda 0 and 0 HEREBY PROPOSES to furnish all materials, tools, appliances, plant and equip- ment; and to perform all necessary labor required for the complete construc- tion of the 1979 BD Second Addition Improvements for the City of Iowa City, Iowa, and other items incidental thereto and to perform all work in accordance with the plans and specifications for said project, including all items to include expense and profit, for only those parts of the project bid, as follows: FP -I SHIVE-HATTERY & ASSOCIATES 7f7 2. PAVEMENT CONSTRUCTION a. 8" thick P.C. concrete pavement b. Relocate wooden barricade 1,055 S. Y. $ /y. °% $ / 17'17.70, °D 1 Each $ $ ! 0 O° TOTAL BID PRICE $ FP -2 SHIVE-HATTERY& ASSOCIATES Wl Estimated Unit Bid Total Item Description Quantity Price Price 1. STORM SEWER CONSTRUCTION a. Connect to intake 1 Each $ �5-D,pO $ ( b. 12" pipe 58 L.F. $ / So $ fly/, ao c. 24" pipe 225 L.F. $ d. 30" pipe 695 L.F. $ e. RA -5 intake 2 Each $ 00, 0o $ 2900. o° . f. Manhole 2 Each $ /a pp, ao $ ayoo, g. Trench stabilizing material 50 Tons $ D Oa $ 2. PAVEMENT CONSTRUCTION a. 8" thick P.C. concrete pavement b. Relocate wooden barricade 1,055 S. Y. $ /y. °% $ / 17'17.70, °D 1 Each $ $ ! 0 O° TOTAL BID PRICE $ FP -2 SHIVE-HATTERY& ASSOCIATES Wl C. We further propose: To do all extra work which may be required to complete the work con- templated at unit price or lump sums, to be agreed upon prior to starting such work. 2. To execute the form of contract within fourteen (14) days after Notice of Award is received and to complete the work on or before October 31, 1980. D. The construction schedule and list of suppliers and subcontractors will be submitted within ten (10) days after execution of the Form of Contract. E. The undersigned bidder certifies that this proposal is made in good faith without collusion or connection with any person or bidding on the work. F. The undersigned bidder states that this proposal is made in conformity with the Contract Documents and agrees that, in the event of any discrepancies or dif- ferences between any conditions of his proposal and the Contract Documents pre- pared by Shive-Hattery b Associates, the provisions of the latter shall prevail. G. The total bid is based on estimated quantities, and except for Lump Sum prices, the actual amount will be adjusted in accordance with the final determination of quantities involved, as explained in the Detailed Specifications. In case of error in the item totals quoted, the proper figure based on the estimated quantities and the unit prices as quoted shall govern. Firm: Metro Pavers, Inc, BYSF President Title 1722 Stevens Drive Iowa City, Iowa Business Address (SEAL - if bid is by a corporation) PARTNERSHIPS: Furnish Full Name of All Partners FP -3 SHIVE-HATTERYB ASSOCIATES 7F7 KNOW ALL MEN BY THESE PRESENTS, that we, Metro Pavers, Inc. , as Principal, and Merchants Mutual Bonding Company , as Surety are held and firmly boun unto Treasurer, Cit ot IowaCity—, Iowa , hereinafter called "OWNER', in the penal sum of five per cent of the amount of the bid -------Dollars ($-----5q---------- ) lawful money of the United States, for the payment of which sum will and truly be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. The condition of this obligation is such that whereas the Principal has submitted the accompanying bid, dated July 31, , 1980 , for 1979 BDI Second Addition Improvements, City of Iowa City. Iowa NOW, THEREFORE, (a) If said Bid shall be rejected, or in the alternate, (b) If said Bid shall be accepted and the Principal shall execute and deliver a contract in the form specified and shall furnish a bond for his faithful performance of said contract, and for the payment of all persons performing labor or furnishing materials in connec- tion therewith, and shall in all other respects perform the agree- ment created by the acceptance of said Bid, then this obligation shall be void, otherwise the same shall remain in force and effect; it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated. By virtue of statutory authority, the full amount of this bid bond shall be forfeited to the Owner in liquidation of damages sustained in the event that the Principal fails to execute the contract and provide the bond as provided in the specifications or by law. The Surety, for value received, hereby stipulates and agrees that the obli- gations of said Surety and its bond shall be in no way impaired or affected by any extension of the time within which the Owner may accept such Bid or execute such contract; and said Surety does hereby waive notice of any such extension. IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals, and such of them as are corporations, have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers this 31st day of July , A.D. 1980 . METRO PAVERS, INC. (Seal) W' Hess\ Princi al __�� //'' Aq�� g,1,r.E L_/_�LbC tx°r (Title) MERCHANTS MUTUAL BONDING COMPANY (Seal) SurBy ty ! Witness �— V / ttorney-in-fact Attach Power -of -Attorney BB -1 79Q MERCHANTS MUTUAL BONDING COMPANY DES MOINES, IOWA POWER OF ATTORNEY Know All Men By These Presents. Ihat the AIP.HCnA]TS %It -It nusnts•r. auuvcv, a corporation duly organiJ.ed under the laws of the State of Iowa. and having its principal office in the City of Des Moines. County of Polk. State of loua. hath made, constituted and appointed, and does by these presents make. constitute and appoint INDIVIDUALLY C.B. Ccndon, G.A. LaMair II, Carl J. Prant Jr. , JafreS E. ThcarMcn, Jafnes P. Norris, F. Melvyn Hrubetz ofMQ and State of I0.Ja els tine and lawful Aunmey-in•Fact, with full power and authorityhe-refry con ernd in its name, place and stead, m sign, execute, acknowicdite and deliver in its behalf u% surety: Any or all bends or undertakings, provided that no bored or undertaking executed under this authority shall exceed in amount the sum of ONE MILLICIN 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 -of -Attorney is made and executed pursuant to and by authority of the following By -Law adopted by the Board of Directors of the MERCHANTS MUTUAL BONDING COMPANY. ARTICLE 2. SECTION 5.4. -"The Chariman of the Board or President or :my Vice President tar Secretary shall have power and authority to appoint Attomeys-in-Fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company therein. bonds and undertakings, recognizance%, contracts 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 corp imle seal to be hereto affixed, this 22nd day of May A.D.. 1979 Attest: MERCHANTS MUTUAL BONDING COMPANY By L'i� r P.nNmr STATE OF IOWA COUNTY OF POLK ss. On this 22nd Jap of May .19 79 . before me appeared W.W. Wainer and William Wainer, to me personally known. who being by me duly sworn did s:p that they are President and Vice President rcspee lively of the MERCHANTS MUTUAL. BONDING COMPANY, the corporation described to the foregoing instrument. and that the Seal affixed to the said instrument is the Corporate Seal of the said Corporation :rad that the said instrument was signed and scaled in behalf of said Corporation by authority of its Board of Directors. In Testimony Whereof. I have hereunto .set my hand and affixed by Official Seal, at the City (if Dh% Moines, lora the day and year first above written. i „�...,,.., F i r! I O W') A S.,q�s• % P„.n,r.., Ae'A,P6;a... .... r.... 9-30 -81 O4.tC COUNTY OF POLK } ss. I. William Warner. Vice President of the MERCHANTS MUTUAL BONDING COMPAtsY',P^)'0 '11,114• certify that the stave and foregoing is a true and Correct copy of the POWER OF A'I-fORja`�( said MERCHANTS BONDING COMPANY• which is still in force and effect. �•,a"" , O'• In Witness Whereof. I have hereunto act my hand and affixed the seal of the Company, at this 31St daynf July 19.80 1933 This power of attorney expires Until Revoked . • . 7V • #388,751 PERFORMANCE AND PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS THAT Metro Pavers. Inc. Iowa City, Iowa Here insert the name and address or legal tit e o t e Contractor a Principal, hereinafter called the Contractor and Merchants Mutual Bonding Company re insert the Legal title of the Sure as Surety, hereinafter called the Surety, are held and firmly bound onto the City of Iowa City, Iowa, as obligee, hereinafter called the Owner, in the amount of FORTY NINE THOUSAND NINE HUNDRED SEVENTY SIX AND NO/100 Dollars ($ 49,976.00 ------------ ) 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 August 12 19 80 , entered into a Contract with Owner for ... , 1979 BDI Second Addition Improvements In accordance with drawings and specifications prepared by the City of Iowa City, which Contract is by reference made a part hereof, and is hereinafter referred to as the Contract. NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION are such that, if Contractor shall promptly and faithfully perform said Contract, then 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 tiine 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 79a- obligations thereunder, the Surety may promptly remedy the default, or shall promptly: 1. Complete the Contract in accordance with its terms and conditions, or 2. Obtain a bid or bids for submission to Owner for completing the Contract in accordance with its terms and conditions, and upon determination by Owner and Surety of the lowest responsible bidder, arrange for a contract between such bidder and Owner, and make available as work progresses (even though there should be a default or a succession of defaults under the Contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the Contract Price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the Contract Price", as used in this paragraph, shall mean the total amount payable by Owner to Contractor under the Contract and any amendments thereto, less the amount properly paid by Owner to Contractor. C. The Contractor and his Surety shall, in accordance with the provisions of Section 384 of the Code of Iowa be obligated to keep the improvements covered by this bond in good repair for a period of five (5) years from the date ofacceptance of the improvements by the Owner. PB -2 793 D. No right of action shall accrue to or for the use of any person or corporation other than the Owner named herein or the heirs, executors, administrators or successors of Owner. IT IS A FURTHER CONDITION OF THIS OBLIGATION that the principal and Surety shall, in accordance with provisions of Chapter S73 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 sama extent as if they were expressly set out herein. SIGNED AND SEALED THIS A.D., 19 80 . IN THE PRESENCE OF: Wit ess Witness 12th NM DAY OF August METRO PAVERS INC. (Principal) \/ (fitle) >�! MERCHANTS MUTUAL BONDING COMPANY (Surety) itle) orney- - Kt 7954 • MERCHANTS MUTUAL BONDING COMPANY DES MOINES, IOWA POWER OF ATTORNEY Know All Men By These Presents, that the MERCDAN s' suit At. BONDING CUNIPAsl . a corporation duly organized under the laws of the State of Iowa, and having its principal office in the City of Des Moines, County of Polk. State of Iowa, hath made• constituted and appointed, and does by these presents make, constitute and appoint IMIVIDUAMY C.B. Condon, G.A. LaMair II, Carl J. CYant Jr., Janes E. Thart)scn, Jatres F. Norris, F. Melvyn Hrubetz of Moines and State of Iowa its true and lawful Attorney-in•Facl, with full power and authonry hereby con erred in its name, place and stead. to sign, execute, acknowledge and deliver in its behalf as surety: Any or all bonds or undertakings, provided that no bond or undertaking executed under this authority shall exceed in amount the SM of CNE MILLION 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 Powerof-Attorney is made and executed pursuant to and by authority of the following By -Law adopted by the Board of Directors of the MERCHANTS MUTUAL BONDING COMPANY. ARTICLE 2, SECTION 5A. --The Chariman of the Board or President or any Vice President or Secretary shall have power and authority to appoint Attomeys-in-Fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, recognizances, contracts 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 seal to be hereto affixed, this 22nd dopy or May A.D., 1979 Attest: MERCHANTS MUTUAL BONDING COMPANY yh, Pn,iJrnt STATE OF IOWA COUNTY OF POLK By On this 22nd day of May 19 79 , before me appeared W.W. Warner and William Warner, to me Personally known, who being byme duly swam did say that they are President and Vice President respee- lively of the MERCHANTS MUTUAL. BONDING COMPANY, the corporation described in the foregoing instrument, and that the Seal affixed to the said instrument is the Corporate Seal or 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 and affixed by Official Seal, at the City or Des Moines, Iowa the day and year first above written. T / 4 10 WA t �' nary PuhL., Alt C�un .Inv II fj 9-30-81 "*r.•as`•t,,rf STATE OF IOWA d* f A {,. „ COUNTY OF POLK I. William Warner, Vice President of the MERCHANTS MUTUAL BONDING COMPAfQ,Y• that the above and foregoing :'B ' c MERCHANTS BONDING COMcertify is a true and coffee[ copy of the POWER OF ATTOR`�d PANY, which is still in force and effect.* / s In Witness Whereof, I have he r�unto se my hand and off d the seal of the Company, at = ty,• �� _ 4/�'•.�Cs,: this 12th day of Hugust Iy� C933 - A� y fM4�• .�. "• This power of attorney Revokedo ey expires ss ••• ,. 77/ AGENDA REGULAR COUNCIL MEETING AUGUST 12, 1980 Item No. 1 = MEETING TO ORDER. ROLL CALL. Item No. 2 - CONSIDER ADOPTION OF CONSENT CALENDAR AS PRESENTED OR AMENDED: a. Approval of Official Council Activities of the regular Council meeting of July 29, 1980, subject to correction, as recommended by the City Clerk. b. Minutes of Boards and Commissions. (1) Board of Appeals meeting of July 18, 1980. (2) Human Rights Commission meeting of July 28, 1980. (3) Senior Center Commission meeting of July 10, 1980. (4) Planning and Zoning Commission meeting of July 3, 1980. (5) Resources Conservation Commission meeting of July 15, 1980. C. Permit Resolutions, as recommended by the City Clerk: (1) Consider resolution approving Class A Liquor License for Iowa City Lodge #1096 Loyal Order of Moose dba Iowa City Lodge #1096 Loyal Order of Moose, 2910 Muscatine Avenue. (renewal) (2) Consider resolution approving dancing permit for Iowa City Lodge #1096 Loyal Order of Moose dba Iowa City Lodge #1096 Loyal Order of Moose, 2910 Muscatine Avenue. (renewal) (3) Consider resolution approving Class C Beer Permit for Hy -Vee Food Stores, Inc. dba Hy -,Vee Food Store #2, 310 N. First Avenue. (renewal) (4) Consider resolution approving Class C Beer Permit Sunday Sales for Hy=Vee Food Stores, Inc. dba Hy=Vee Food Store #2, 310 N. First Avenue. (renewal) (5) Consider resolution approving Class C Beer Permit for Hy -Vee Food Stores, Inc. dba Hy=Vee Food Store #1 and DrugTown #1, 501 Hollywood Blvd. and 521 Hollywood Blvd. (new) Agenda Regular Council Meeting August 12, 1980 7:30 P.M. Page 2 Item No. 2c. cont'd. (6) Consider resolution approving Class C Beer Sunday Sales Permit for Hy -Vee Food Stores, Inc. dba Hy -Vee Food Store #1 and DrugTown #1, 501 Hollywood Blvd. and 521 Hollywood Blvd. (new) (7) Consider resolution approving Class C Liquor License for George's Buffet, Inc. dba George's Buffet, 312 Market. (renewal) (8) Consider resolution approving Class C Beer Permit for John R. Alberhasky dba John's Grocery, Inc., 401 E. Market. (renewal) (9) Consider resolution approving Class C Beer Sunday Sales for John R. Alberhasky dba John's Grocery, Inc., 401 E. Market. (new) (10) Consider resolution approving Class C Liquor License for Cardan, Inc., dba Joe's Place, 115 Iowa Avenue. (renewal) (11) Consider resolution approving Class C Liquor License for Robert H. Jeter dba Plamor Bowling, Inc., 1555 First Avenue. (renewal) (12) Consider resolution approving Class C Beer Sunday Sales for Robert H. Jeter dba Plamor Bowling, Inc., 1555 First Avenue. (renewal) (13) Consider resolution approving Class B Beer Permit for East Moline Pizza Hut, Inc. dba Pizza Hut, 1921 Keokuk Street. (renewal) (14) Consider resolution approving Class B Beer Sunday Sales for East Moline Pizza Hut, Inc. dba Pizza Hut, 1921 Keokuk Street. (renewal) (15) Consider resolution approving Class C Liquor License for BUJO Corp. dba Burt's Lounge, 1310 Highland Court. (new) d. Setting Public Hearings. (1) Consider resolution setting a public hearing for August 26, 1980, for the sale of real property owned by the City of Iowa City and located in Block 2 of the Cook, Sargent and Downey's Addition (west of Gilbert Street and south of Kirkwood Avenue). 7 ISO` Agenda Regular Council Meeting August 12, 1980 7:30 P.M. Page 3 Item No. 2d. cont'd. (2) Consider resolution setting a public hearing on August 26, 1980, on plans, specifications, and form of contract for construction of Streetscape Phase IIAC, directing City Clerk to publish notice of said hearing, and directing City Engineer to place said plans, etc., on file for public inspection. e. Correspondence. (1) Letter from Robert Beall protesting sign at Quik=Trip on the corner of Market and Linn Streets. This letter has been referred to the City Manager for reply. (2) Letter from Gerald Gerhart regarding proposed rezoning of land north of Benton Street and east of Mormon Trek. This letter has been referred to the City Manager for reply. (3) Letter from Johnson County Ambulance Service expressing gratitude for designation of parking space on Bloomington Street. No reply is necessary. (4) Letter from Victoria Solursh of Johnson County Coalition for ERA regarding advertising on the transit buses. The City Manager will reply after Council consideration. (5) Letter from Caroline Dieterle regarding the airport. This letter has been referred to the City Manager for reply after Council consideration. (6) Letter from East Central Iowa Council of Governments regarding board membership. This letter has been referred to the City Manager for reply after Council consideration. f. Applications for City Plaza Use Permit. (1) Application from the University of Iowa Museum of Art to place banners in the fountain area using the large light poles. (approved) g. Applications for the Use of Streets and Public Grounds. (1) Application from Student Coalition against registration and the draft for the use of Blackhawk Minipark on July 30, 1980, at 12:15 P.M. (approved) END OF CONSENT CALENDAR. 7 9.S Agenda Regular Council Meeting August 12, 1980 7:30 P.M. Page 4 Item No. 3 - PLANNING AND ZONING MATTERS. a. Public hearing to consider rezoning approximately 100 acres from County RS to City R1A located south of Highway 6 East (opposite Heinz Manufacturing) in East Lucas Township. Z= 8001. b. Consider a resolution annexing approximately three acres located south of Highway 6 East (opposite Heinz Manufacturing) in East Lucas Township. A=8001. C. Consider a resolution approving the preliminary and final plat of Empire Addition. 5=8002. d. Consider an ordinance to vacate Pickard between Friendly and Highland Avenues. V=8003. (second consideration) Item No. 4 - PUBLIC DISCUSSION. Item No. 5 - PUBLIC HEARING TO RECEIVE CITIZEN COMMENTS REGARDING THE FIFTH YEAR AND CUMULATIVE COMMUNITY DEVELOPMENT BLOCK GRANT GRANTEE PERFORMANCE REPORT. Item No. 6 - PUBLIC HEARING TO RECEIVE CITIZEN COMMENTS CONCERNING AN APPLICA- TION FOR METRO ENTITLEMENT FUNDING FOR THE THIRD YEAR OF THE LOWER RALSTON CREEK NEIGHBORHOOD REVITALIZATION PROJECT. Item No. 7 - PUBLIC HEARING ON THE PROPOSED DISPOSITION OF PUBLIC PROPERTY TO THOMAS AND MARILYN ALBERHASKY. Item No. 8 - CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A QUITCLAIM DEED WHEREBY THE CITY SHALL CONVEY A PARCEL OF LAND RETAINING A PERMANENT SEWER EASEMENT IN EXCHANGE FOR THE ACQUISITION OF A PARCEL OF LAND FROM THOMAS R. AND MARILYN J. ALBERHASKY IN FURTHERANCE OF THE FIRST AVENUE REALIGNMENT IN IOWA CITY. Item No. 9 : CONTINUE PUBLIC HEARING DEFERRED FROM MEETINGS OF JULY 15 AND 29, 1980, ON THE PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND COST ESTIMATE FOR THE CONSTRUCTION OF THE MERCER PARK CONCESSION/ RESTROOM BUILDING. Item No. 10 - CONSIDER RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND COST ESTIMATE FOR THE CONSTRUCTION OF THE MERCER PARK CONCESSION/RESTROOM BUILDING AND AUTHORIZING BIDS TO,BE RECEIVED AUGUST 19, 1980 AT 10:00 A.M. Item No. 11 - PUBLIC HEARING ON A PROPOSED RESOLUTION DECLARING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE PROPOSED TAXICAB SERVICE APPLIED FOR BY HAWKEYE CAB COMPANY WITHIN THE CITY OF IOWA CITY, IOWA. 77S Agenda Regular Council Meeting August 12, 1980 7:30 P.M. Page 5 Item No. 12 : CITY COUNCIL INFORMATION. Item No. 13 = REPORT ON ITEMS FROM THE CITY MANAGER AND CITY ATTORNEY. a. City Manager. b. City Attorney. Item No. 14 = CONSIDER A MOTION TO APPROVE SETTLEMENT IN THE AMOUNT OF $4,500.00 IN COURT CASE, CHESTER MILLER AND PEGGY MILLER V. CITY OF IOWA CITY, DOCKET #435W.— Item No. 15 - CONSIDER RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST AN AGREEMENT WITH ROBERT W. STEVENS, PROVIDING FOR THE INSTALLATION OF A STORMWATER DRAINAGE SYSTEM IN SETTLEMENT OF THE JUDGMENT IN STEVENS V. IOWA CITY. Item No. 16 - CONSIDER A RESOLUTION AMENDING THE NUMBER OF AUTHORIZED PERMANENT POSITIONS IN THE FINANCE DEPARTMENT. Item No. 17 CONSIDER A RESOLUTION ADOPTING SUPPLEMENT FIVE TO THE CODE OF ORDINANCES OF THE CITY OF IOWA CITY, IOWA. Item No. 18 - CONSIDER A RESOLUTION AUTHORIZING THE CITY MANAGER TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR THE ACQUISITION OF REAL PROPERTY FOR THE LOWER RALSTON CREEK NEIGHBORHOOD PROJECT (PARCEL OWNED BY JOHN GILLISPIE). Item No. 19 : CONSIDER A RESOLUTION ESTABLISHING JUST COMPENSATION FOR THE ACQUISITION OF REAL PROPERTY FOR PHASE II OF THE LOWER RALSTON CREEK NEIGHBORHOOD REVITALIZATION PROJECT (PARCELS 9, 11, 14 AND 15). Item No. 20 = CONSIDER A RESOLUTION AUTHORIZING THE CITY MANAGER TO FILE AN AMENDMENT TO THE HOLD HARMLESS ENTITLEMENT COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AND BUDGET TO PROVIDE FOR THE CONVERSION OF BUILDINGS IN THE DOWNTOWN URBAN RENEWAL PROJECT AREA (IOWA R=14) TO AN UNDERGROUND ELECTRICAL UTILITY SYSTEM. Item No. 21 CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST AMENDMENT ONE TO THE AGREEMENT WITH OUT OF DANGER, INC., DBA AID AND ALTERNATIVES FOR VICTIMS OF SPOUSE ABUSE, FOR THE USE OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS TO ACQUIRE, REHABILITATE, AND UTILIZE A SHELTER FOR VICTIMS OF SPOUSE ABUSE. Item No. 22 _ RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACT WITH THE IOWA DEPARTMENT OF TRANSPORTATION TO OBTAIN SECTION 18 FUNDING (UMTA). Agenda Regular Council Meeting August 12, 1980 7:30 P.M. Page 6 Item No. 23 = CONSIDER RESOLUTION AWARDING CONTRACT FOR THE CONSTRUCTION OF THE 1979 BDI SECOND ADDITION IMPROVEMENTS TO METRO PAVERS, INC. OF IOWA CITY, IOWA. Item No. 24 = CONSIDER RESOLUTION APPROVING CONTRACT AND BOND FOR THE CONSTRUCTION X9.5 OF THE 1979 BDI SECOND ADDITION IMPROVEMENTS. Item No. 25 CONSIDER AN ORDINANCE ADOPTING THE 1979 EDITION OF THE UNIFORM MECHANICAL CODE AS PREPARED BY THE INTERNATIONAL CONFERENCE OF BUILDING OFFICIALS. (first consideration) Item No. 26 - CONSIDER AN ORDINANCE ADOPTING THE 1979 EDITION OF THE UNIFORM BUILDING CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS AS PREPARED BY THE INTERNATIONAL CONFERENCE OF BUILDING OFFICIALS. (first consideration) Item No. 27 : CONSIDER AN ORDINANCE ADOPTING THE 1979 EDITION OF THE UNIFORM PLUMBING CODE AS PREPARED BY THE INTERNATIONAL ASSOCIATION OF PLUMBING AND MECHANICAL OFFICIALS. (first consideration) Item No. 28 - CONSIDER AN ORDINANCE ADOPTING THE 1979 EDITION OF THE UNIFORM BUILDING CODE OF THE INTERNATIONAL CONFERENCE OF BUILDING OFFICIALS. (first consideration) Item No. 29 ADJOURNMENT. X9.5 RESOLUTION NO. 80-355 R&M LUTION APPROVING CLASS - LIQUOR CONTROL LICENSE APPLTnTTM BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Liquor Control License application is hereby approve-7or the following named person or persons at the following described location: James & Dorothy Strabala dba Deadwood, Inc. 6 S. Dubuque St. Said approval shall be subject to any conditions or re- strictions hereafter imposed by ordinance or State law. The City Clerk shall cause a recommendation for approval to he endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond, sketch of the premises and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by Neuhauser 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 x Perret x Roberts x Vevera x Passed and approved this 26th day of august , 19 80 Attest:�& J City Clerk '% RESOLUTION NO. 80-356 RESOLUTION APPROVING CLASS 8 LIQUOR CONTROL LICENSE APPLTCXTTM BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class B Liquor Control License application is hereby app—_ the following named person or persons at the following described location: Highlander, Inc. dba The Highlander Inn & Supper Club, Route #2 Said approval shall be subject to any conditions or re- strictions hereafter imposed by ordinance or State law. The City Clerk shall cause a recommendation for approval to he endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond, sketch of the premises and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by Neuhauser and seconded by Roberts that the Resolution as regia e badopted, and upon roT ca there were: AYES: NAYS: ABSENT: Balmer x Lynch x Erdahl x Neuhauser x _ Perret x Roberts x Vevera x Passed and approved this 26th day of August , 198_. Attest: RESOLUTION NO. 80-357 RESOLUTION OF APPROVAL OF CLASS B SUNDAY PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class B Sunday Permit application is hereby approved for the following named person or persons at the following described location: Highlander, Inc. dba The Highlander Inn & Supper Club, Route #2 Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance of state law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, bond, and all other information or docu- ments required to the Iowa Beer and Liquor Control Department. It was moved by Neuhauser and seconded by Roherta that the Resolution as read be adopted, and upon roll call there were: Balmer ch Erdahl AYES: NAYS: ABSENT: x Neuhauser x Perret x Roberts x Vevera x Passed and approved this x 26th day of August , Attest: / a . RESOLUTION NO. 80-358 RESOLUTION TO ISSUE DANCING PERMIT BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Dancing Permit as provided by law is hereby granted to the following named person and at the following described locations upon his filing an application, having endorsed thereon the certificates of the proper city officials as to having complied with all regulations and ordinances, and having a valid Class "B" Beer Permit or liquor control license, to wit: Highlander, Inc. dba The Highlander Inn & Supper Club, Route #2 It was moved by Neuhauser and seconded by Roberts that the Resolution as read e a opted, and upon rol ca ere were: AYES: Balmer x Lynch Erdahl x Neuhauser x Perret x Roberts x Vevera x NAYS: ABSENT: x Passed and approved this 26th day of August -. 19 80 . Attest: 7, A RESOLUTION NO. 80-359 RESOLUTION APPROVING CLASS LIQUOR CONTROL LICENSE APPLICAiION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Liquor Control License application is hereby approve37or the following named person or persons at the following described location: Michael B. Anderson and Mark Alan Anderson dba The Art Gallery, 1200 Gilbert Ct. Said approval shall be subject to any conditions or re- strictions hereafter imposed by ordinance or State law. The City Clerk shall cause a recommendation for approval to he endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond, sketch of the premises and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by Neuhauser and seconded b RoJers__ that the Resolution as rete adopted, and upos n roll call there were: AYES: NAYS: ABSENT: Balmer x Lynch x Erdahl x Neuhauser x _ Perret x Roberts x Vevera x Passed and approved this 26th day of August 19 go Attest: / 7 City Clerk RIiSOldrriON NO. _11_Q_-3_69 RESOLUTION TO REFUND A PORTION OF CLASS C LIQUOR LICENSE FEE WHEREAS, Phillip Joseph Dunton dba/ The Greenery , at 11 South Dubuque Street has surrendered Liquor License a LC -1165$ to th,. Iowa State Beer F, Liquor Control Department, and has received the State share of 35% of quarter of the liquor license fee, and, WHEREAS, the above licensee has applied for refund of the City, share of 65% of quarter of the liquor license fee, BE IT RESOLVED BY Till' CITY COUNCIL OF IOWA CITY, IOWA, that the Mayor and City Clerk be authorized and directed to draw a warrant on the General Fund in the amount of $ , payable to for refund of portion of Liquor License a LC -11658 It was moved by Neuhauser 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 V Vevera Passed and approved this 26th day of August 19 80. a or ATTEST: Ci y Clerk 80l 1 RESOLUTION NO. 80-361 RESOLUTION TO ISSUE CIGARETTE PERMITS WHEREAS, the following firms and persons have made appli- cation and paid the mulct tax required by law for the sale of cigarettes and cigarette papers; therefore, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the applications be granted and the City Clerk be and he/she is hereby directed to issue a permit to the following named persons and firms to sell cigarette papers and cigarettes: Servomation Corp. dba Sheller Globe Corp., Iowa City, Iowa Yen Ching, 1515 Mall Drive dba Yen Ching The Crow's Nest, 328 E. Washington It was moved by Neuhauser and seconded by Roberts that the Resolution as read be adopted, and upon roll call there were: Balmer Lynch Erdahl Neuhauser Perret Roberts AYES: NAYS: X X X X X Vevera X ABSENT: X Passed and approved this 26th day of August 1980 Attest: j r'a� City Clerk w RESOLUTION NO. 80-362 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: William H. Fairchild dba Fairchild's, 105 E. Burlington and David E. Ayres 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 Neuhauser 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 x Perret x Roberts x Vevera x Passed and approved this 26th day of August lg 80 or Attest: � &-�- :::14' k� ) City Clerk S-03 RESOLUTION NO. 80-363 RESOLUTION OF APPROVAL OF CLASS 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: William H. Fairchild dba Fairchild's, 105 E. Burlington and David E. Ayres 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 Neuhauser and seconded by RnhPrfc that the Resolution as read be adopted, and upon roll call there were: Balmer Lynch Erdahl Neuhauser Perret Roberts Vevera AYES: NAYS: x x x x x x Passed and approved this 26th 19 80 Attest: City Clerk - ABSENT: erk ABSENT: x day of August , RESOLUTION NO. 80-364 RESOLUTION APPROVING CLASS C LIQUOR CONTROL LICENSE APPLTUTTM BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Liquor Control License application is hereby approv=or the following named person or persona at the following described location: Micky's, Inc. dba Micky's, 11 S. Dubuque Said approval shall be subject to any conditions or re- strictions hereafter imposed by ordinance or State law. The City Clerk shall cause a recommendation for approval to he endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond, sketch of the premises and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by Neuhauser and seconded by Roberts that the Resolution as read be adopted, and upon-roll—c=a there were: AYES: NAYS: ABSENT: Balmer x Lynch x Erdahl x Neuhauser x _ Perret x Roberts x vevera Passed and approved this Attest:L. City Clerk x 26th day of August , 1980 RESOLUTION NO. 80-36` RESOLUTION TO REFUND CIGARETTE PERMIT WHEREAS, Yen Chine Restaurant at 1515 Mall Dr. in Iowa City, Iowa, has surrendered cigarette permit No. 81-52 , expiring June 30 , 19 81 , and requests a refund on the unused portion thereof, now therefore, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that cigarette permit No. 81-52 , issued to Yen Ching Restaurant be cancelled, and BE IT FURTHER RESOLVED that the Mayor and City Clerk be and they are hereby authorized and directed to draw a warrant on the General Fund in the amount of $ 75.00 , payable to Hawkeye Amusement, 1214 S. Gilbert as a refund on cigarette permit No. 81-52 It was moved by Neuhauser and seconded by Roberts that the Resolution as read be adopted, and upon roll call there were: AYES:AN YS: ABSENT: Balmer x Lynch _ Erdahl x Neuhauser x Perret x Roberts x Vevera x Passed and approved ti a y Attest: rYI n� A 0G %� RESOLUTION NO. 80-366 RESOLUTION SETTING PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE COURT AND CORRIDOR FOR THE DOWNTOWN PARKING FACILITY - RAMP A DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECT- ING CITY ENGINEER TO PLACE SAID PLANS, ETC., ON FILE_FOR PUBLIC INSPECTION. BE IT,RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That a public hearing on the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project is to be held on the 9th day of September , 19 80 , at 7:30 P.M. in the Council Chambers, Civic Center, Iowa City, Iowa. 2. That the City Clerk is hereby authorized and directed to publish notice of the public hearing for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the city, not less than four (0 nor more than twenty (20) days before said hearing. 3. That the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project are hereby ordered placed on file by the City Engineer in the office of the City Clerk for public inspection. It was moved by Neuhauser and seconded by Enbpr c that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x BALMER x ERDAHL x LYNCH x NEUHAUSER "cOiv®d $ q PProved x PERRET Bt_pe e Legal Depapnwnt x ROBERTS x VEVERA Passed and approved this 26th day of August 19 90 May ATTEST: City Clerk y Iowa City, Iowa, August 26, 1980. The City Council of Iowa City, Iowa, met on the above date in the Council Chambers, Civic Center, 410 East Washington Street, in Iowa City, Iowa, at 7:30 o'clock P.M., in open regular session, pursuant to law and the rules of said Council. The meeting was called to order by John R. Balmer, Mayor, presiding, and on roll call the following Council Members were present: Erdahl, Neuhauser, Perret, Roberts, Vevera Absent: Lynch Matters were discussed relative to the request from Thomas & Betts Corporation, regarding the issuance of not to exceed $5,500,000 in aggregate principal amount of the City's Industrial Development Revenue Bonds (Thomas & Betts Corporation Project). Following an explanation of the proposed Project by representatives of said Company and a discussion of the proposal, Council Member Neuhauser introduced the following Resolution in written form and moved its adoption. Council Member Roberts seconded the motion to adopt. After due consideration of said motion, the roll was called and the Resolution was adopted by the following vote: AYES: Balmer, Erdahl, Neuhauser, Perret, Roberts, Vevera ABSENT: Lynch NAYS: NONE The Resolution was thereupon signed by the Mayor and in evidence of his approval, was attested by the City Clerk, and was declared to be effective. The Resolution is as follows: -2- go 9 RESOLUTION NO. 80-367 A RESOLUTION REGARDING THE ISSUANCE OF NOT TO EXCEED $5,500,000 IN AGGREGATE PRINCIPAL AMOUNT OF INDUSTRIAL DEVELOPMENT REVENUE BONDS (THOMAS & BETTS CORPORATION PROJECT) OF THE CITY OF IOWA CITY, IOWA, DIRECTING PUBLICATION OF NOTICE OF INTENTION TO ISSUE, CALLING A PUBLIC HEARING ON THE PROPOSAL TO ISSUE SAID BONDS AND AUTHORIZING EXECUTION OF A MEMORANDUM OF AGREEMENT. WHEREAS, the City of Iowa City, Iowa (hereinafter referred to as the "City") is a municipal corporation organized and existing under the Constitution and laws of the State of Iowa, and is authorized and empowered by Chapter 419 of the Code of Iowa (hereinafter referred to as the "Act"), to issue Indus- trial Development Revenue Bonds and loan the proceeds from the sale of said Bonds to one or more parties to be used to defray all or a portion of the cost of acquiring, constructing, improving and equipping a "Project" as that term is defined in the Act, for the purpose of securing and developing industry and trade within or near the City in order to create jobs and employment opportunities and to improve the economic welfare of the residents of the City and of the State of Iowa; and WHEREAS, the City has been requested by Thomas & Betts Corporation, a New Jersey corportion duly qualified and authorized to do business in the State of Iowa (hereinafter referred to as the "Company"), to authorize and issue its Industrial Development Revenue Bonds pursuant to the provisions of the Act for the purpose of defraying all or a portion of the cost of acquiring, constructing and equipping an expansion to Company's existing manufacturing facility located within the City, consisting of the construction of an addition to Company's existing facility and the acquisition and installation of machinery and equipment therein, all to be suitable for use in the manufacture of electronic equipment, including stamping and gold plating metal contacts, molding plastic connectors and manufacturing flat cable (hereinafter referred to as the "Project"), which Project will be owned and operated by Company; and WHEREAS, said Project will maintain employment opportunities for residents of the Cit d e surrounding area; will enhance the tax base of the Ci y and overlapping taxing jurisdictions and will provide and induce other public benefits flowing from the conducting of increased industrial operations which will add to the welfare and prosperity of the City and its inhabitants; and -3- g/D WHEREAS the City has determined that the amount necessary to defray all or a portion of the cost of acquiring, constructing, improving and equipping the Project, including necessary expenses incidental thereto, will require the issuance by the City of not to exceed $5,500,000 aggregate principal amount of its Industrial Development Revenue Bonds pursuant to the provisions of the Act, and it is proposed that the City loan said amount to Company under a Loan Agreement between the City and Company pursuant to which loan payments will be made by the Company in amounts_ sufficient to pay the principal of and interest and premium, if any, on said Bonds, as and when the same shall be due; and WHEREAS, the Bonds, if issued, shall be limited obligations of the City, and shall not constitute nor give rise to a pecu- niary liability of the City or a charge against its general credit or taxing powers, and the principal of and interest and premium, if any, on the Bonds shall be payable solely out of the revenues derived from the Project to be financed by the Bonds; and WHEREAS, regulations promulgated under Section 103 of the Internal Revenue Code of 1954, as amended, may require that the Issuer of such Bonds adopt a Resolution with respect to such Bonds or take "some other similar official action" toward the issuance of such Bonds prior to the commencement of construc- tion or acquisition relating to the proposed Project, and it is intended that this Resolution shall constitute "some other similar official action" toward the issuance of the Bonds within the meaning of said federal income tax regulations; and WHEREAS, there has been presented to the Council a Memo- randum of Agreement, attached hereto as Exhibit "A" which sets forth certain mutual undertakings and agreements between the City and Company, relating to the further processing and issu- ance of said Bonds, and the City believes it desirable and in its best interest that said Memorandum of Agreement be executed for and on behalf of the City; and WHEREAS, before the Bonds may be issued, it is necessary to conduct a public hearing on the proposal to issue the Bonds, all as required and provided by Section 419.9 of the Act. NOW, THEREFORE, Be It and It Is Hereby Resolved by the City Council of the City of Iowa City, Iowa, as follows: Section 1. A public hearing shall be conducted on September 23, 1980, at 7:30 o'clock P.M., before this City Council in the Council Chambers at the Civic Center in the City QS 8l� of Iowa City, Iowa, on the proposal to issue not to exceed $5,500,000 aggregate principal amount of the City's Industrial Development Revenue Bonds (Thomas & Betts Corporation Project), pursuant to the provisions of the Act, for the purpose of defraying all or a portion of the cost of acquiring, constructing, improving and equipping the Project, including necessary expenses incidental thereto, and all local residents who appear at said hearing shall be given an opportunity to express their views for or against the proposal to issue such Bonds; and at said hearing, or any adjournment thereof, this City Council shall adopt a Resolution determining whether or not to proceed with the issuance of said Bonds. Section 2. The City Clerk of the City is hereby directed to publish one time, not less than fifteen (15) days prior to the date fixed for said hearing, in the Press -Citizen, a legal newspaper published and having a general circulation within the City, a Notice of Intention to issue said Bonds in substan- tially the following form: -5- 9/.2- NOTICE OF PUBLIC HEARING ON INTENTION TO ISSUE INDUSTRIAL DEVELOPMENT REVENUE BONDS (THOMAS & BETTS CORPORTION PROJECT) Notice is hereby given that a public hearing will be con- ducted before the Council of the City of Iowa City, Iowa, in the Council Chambers at the Civic Center, 410 East Washington Street, in said City, at 7:30 o'clock P.M., on September 23, 1980, on the proposal to issue not to exceed $5,500,000 principal amount of the City's Industrial Development Revenue Bonds (Thomas & Betts Corporation Project), pursuant to the provisions of Chapter 419 of the Code of Iowa, for the purpose of defraying all or a portion of the cost of the expansion and improvement of the existing manufacturing facilities of Thomas & Betts Corporation located within the City of Iowa City, Iowa, consisting of the construction of an addition to Company's existing facility and the acquisition and installation of machinery and equipment therein, all to be suitable for use in the manufacture of electronic equipment, including stamping and gold plating metal contacts, molding plastic connectors and manufacturing flat cable. The proposed facility will be owned by Thomas & Betts Corporation, a New Jersey corporation, duly qualified and authorized to do business in the State of Iowa. It is contemplated that a Loan Agreement will be entered into between the City and Thomas & Betts Corporation, under which the City would loan to said Company the proceeds from the sale of the Bonds in return for loan payments from the Company sufficient to pay the principal of and interest and premium, if any, on such Bonds as the same shall fall due. Such Bonds, if issued, and the interest thereon will be payable solely out of the revenues derived from the said Loan Agreement and shall never constitute an indebtedness of said City within the meaning of any state constitutional provision or statutory limitation, and shall not constitute nor give rise to a pecuniary liability of said City or a charge against its general credit or taxing powers. All local residents who appear at said hearing shall be given an opportunity to express their views for or against the proposal to issue said Bonds, and at said hearing, or any adjournment thereof, the Council of said City shall adopt a resolution determining whether or not to proceed with the issuance of said Bonds. By O �er o 'the C't Council. Abbie Stolfus, Clerk the City of Iowa City, Iowa -6- am Section 3. The City recognizes that regulations promul- gated under Section 103 of the Internal Revenue Code of 1954, as amended, may require the taking by this City Council of official action or "some other similar official action", if interest on Industrial Development Revenue Bonds issued by the City and used to acquire, construct, improve and equip such industrial development project is to be exempt from federal income taxes. In order to preserve such exemption, this Reso- lution is intended to constitute solely for federal income tax purposes official action or "some other- similar official action" with respect to the issuance of such Bonds. Section 4. That in order to assure the acquisition, con- struction, improving and equipping of these industrial facili- ties in the City of Iowa City, Iowa, with the resulting public benefits which will flow from the increased operation thereof, it is deemed necessary and advisable that the Memorandum of Agreement, in the form attached hereto as Exhibit "A", be approved and that the Mayor of the City be and hereby is authorized and directed to execute said Memorandum of Agreement and the City Clerk of the City be and hereby is authorized to attest the same and to affix the seal of the City thereto and said Memorandum of Agreement is hereby made a part of this Resolution. Section 5. In order that the Project will not be unduly delayed, Company is hereby authorized to make such commitments, expenditures and advances toward payment of the costs of the Project as it considers appropriate, subject to reimbursement from the proceeds of the Bonds when and if delivered, but otherwise without liability on the part of the City. Section 6. That officials of the City are hereby autho- rized to take such further action as may be necessary to carry out the intent and purpose of the Memorandum of Agreement. Section 7. All Resolutions and Orders or parts thereof, in conflict herewith are, to the extent of such conflict, hereby repealed, and this Resolution shall be in full force and effect immediately upon its adoption. Adopted and approved this 26th day of August, 1980. C' of Iowa ity, owa (Seal) qn R. Balmer, ayor Att A ie Stolfus, City Jerk -7- 8/Ic CLERK'S CERTIFICATE I, Abbie Stolfus, being first duly sworn do hereby depose and certify that I am the duly appointed, qualified, and acting City Clerk of the City of Iowa City, in the County of Johnson, State of Iowa; that as such I have in my possession, or have access to, the complete corporate records of said City and of its Council and officers; that I have carefully compared the transcript hereto attached with.the aforesaid corporate records; and that said transcript hereto attached is a true, correct and complete copy of all the corporate records showing the action taken by the City Council of said City at a meeting open to the public on August 26, 1980, regarding the issuance of not to exceed $5,500,000 aggregate principal amount of Industrial Development Revenue Bonds (Thomas & Betts Corporation Project), of the City of Iowa City, Iowa, directing publication of a notice of intention to issue, calling a public hearing on the proposal to issue said Bonds and authorizing execution of a Memorandum of Agreement; that said proceedings remain in full force and effect and have not been amended or rescinded in any way; that said meeting and all action thereat was duly and publicly held, with members of the public in attendance, in accordance with a notice of meeting and tentative agenda, a copy of which was timely served on each member of the Council and posted on a bulletin board or other prominent place easily accessible to the public and clearly designated for that purpose at the principal office of the Council (a copy of the face sheet of said agenda being attached hereto) pursuant to the local rules of the Council and the provisions of Chapter 28A, Iowa Code, and upon reasonable advance notice to the public and media at least twenty-four hours prior to the commencement of the meeting as required by said law. Witness my ha n and the Corporate Seal of said City hereto affixed this % - day of August, 1980. (Seal) Abbie Stolfus, Cit Clerk State of Iowa ) SS.: County of Johnson ) Subscribed and sworn to before me this day, the date last above written. �chzaj (Seal) Notary Public Q� Bis t (This Notice to be Posted) NOTICE AND CALL OF COUNCIL MEETING Governmental Body: Date of Meeting: Time of Meeting: The City Council of Iowa City, Iowa. August 26, 1980 7:30 P.M. Place of Meeting: Council Chambers Civic Center Iowa City, Iowa PUBLIC NOTICE IS HEREBY GIVEN that the above-mentioned governmental body will meet at the date, time and place above set out. The tentative agenda for said meeting is as follows: 1. Resolution Regarding the Issuance of Not To Exceed $5,500,000 Aggregate Principal Amount of Industrial Development Revenue Bonds (Thomas & Betts Corporation Project) of the City of Iowa City, Iowa, Directing Publication of a Notice of Intention to Issue, Calling a Public Hearing on the Proposal to Issue Said Bonds and Authorizing Execution of a Memo- randum of Agreement. 2. Such additional matters as are set forth on the additional page(s) attached hereto (attach copy of agenda). This notice is given at the direction of the Mayor, pur- suant to Chapter 28A, Iowa Code, as amended, and the local rules of said governmental body. �J,46 j:�� Abbie Stolfus, Cler] of the City of Iowa City, Iowa /_2 F/ t' 1_eti /.-.k. EXHIBIT "A" MEMORANDUM OF AGREEMENT THIS MEMORANDUM OF AGREEMENT is between the City of Iowa City, in Johnson County, Iowa, party of the first part (hereinafter referred to as the "City"), and Thomas & Betts Corporation, a New Jersey corporation, duly qualified and authorized to do business in the State -of Iowa, party of the second part (hereinafter referred to as the "Company"). 1. Preliminary Statement. Among the matters of mutual inducement which have resulted in the execution of this Agreement are the following: (a) The City is an incorporated municipality of the State of Iowa, authorized and empowered by the provisions of Chapter 419 of the Code of Iowa (the "Act"), to issue Industrial Development Revenue Bonds for the purpose of defraying all or a portion of the cost of acquiring and improving land, buildings and equipment suitable for industrial projects as defined therein; and (b) In order to provide for industrial development and maintain employment opportunities for the inhabitants of the City and to add to the welfare and prosperity of the City and of such inhabitants, the City proposes to loan to the Company funds to finance the expansion and improvement of Company's exising manufacturing facilities located within the City, con- sisting of the construction of an addition to Company's existing facility and the acquisition and installation of machinery and equipment therein, all to be suitable for use in the manufacture of electronic equipment, including stamping and gold plating metal contacts, molding plastic connectors and manufacturing flat cable (herein referred to as the "Project"); and (c) In view of the rising costs and the competitive market for the products of the Project, it is considered essential that acquisition and construction related to the Project com- mence at the earliest practicable date, and that orders be placed for acquiring the necessary improvements and equipment. At the same time, in view of the possibility of financing faci- lities similar to the Project in other states and communities under conditions beneficial to the Company and the difficulty of obtaining other financing for the Project, the Company desires satisfactory assurances from the City that the proceeds from the sale of Industrial Development Revenue Bonds of the -1- 9/7 City will be made available in an amount sufficient to finance all or a portion of the cost of the Project, which cost, including the expenses related to the issuance of the Bonds, is presently estimated not to exceed $5,500,000. (d) Representatives of the City have indicated the will- ingness of the City to proceed with and effect such financing as an inducement to the Company to expand and locate the Project in the City and the City has advised the Company that, subject to due compliance with all requirements of law and the obtaining of all necessary consents and approvals and to the happening of all acts, conditions and things required to exist, happen and be performed precedent to and in connection with such financing in due time, form and manner as required by law, the City, by virtue of such statutory authority as may now exist or may hereafter be conferred, will issue and sell its Bonds in an amount sufficient to finance all or a portion of the cost of the Project. (e) The City considers that the undertaking of the Project will promote industrial development of the City, provide em- ployment opportunities for the inhabitants of the City, enhance the tax base of the City and overlapping taxing jurisdictions, increase the City's commerce and add to the welfare and pros- perity of the City and that of its inhabitants. 2. Undertakings on the Part of the City. The City agrees as follows: (a) That it will authorize, or cause to be authorized, the issuance and sale of an issue of its Bonds, pursuant to the terms of the Act as then in force, in an aggregate principal amount sufficient to finance all or a portion of the cost of the Project, which cost, including the expenses related to the issuance of the Bonds, is presently estimated not to exceed $5,500,000. (b) That it will cooperate with Company to sell the Bonds upon mutually agreeable terms, and it will adopt, or cause to be adopted, such proceedings and authorize the execution of such documents as may be necessary or advisable for the autho- rization, issuance and sale of the Bonds and the financing of the Project as aforesaid, and the entering into a Loan Agree- ment with the Company with respect to the Project, all as shall be authorized by law and mutually satisfactory to the City and the Company. (c) That the aggregate basic payments (i.e. the payments to be used to pay the principal of and premium, if any, and -2- interest on the Bonds) payable under the Loan Agreement shall be such sums as shall be sufficient to pay the principal of and interest and redemption premium, if any, on the Bonds as and when the same shall become due and payable. (d) That it will take or cause to be taken such other acts and adopt such further proceedings as may be required to imple- ment the aforesaid undertakings or as it may deem appropriate in pursuance thereof. 3. Undertakings on the Part of the Company. The Company covenants and agrees as follows: (a) That it will cooperate with the City to sell the Bonds in an aggregate principal amount as above stated; provided, however, that the terms of the Bonds and of the sale and deli- very thereof shall be mutually satisfactory to the City and the Company. (b) That it has not, prior to the execution of this agree- ment and the taking of "official action" toward the issuance of the Bonds by the City, acquired or commenced construction of the Project, or any part thereof, and has not entered into any contracts or paid or incurred any costs related thereto, which will be paid or reimbursed from the proceeds of the Bonds, when and if issued. The Company does, however, represent that it now intends to enter into a contract or contracts for the acquisition, construction, improvement and equipping of the Project and take, with reasonable diligence, the other necessary steps toward the realization of the Project. (c) That contemporaneously with the sale of the Bonds it will execute a Loan Agreement with the City under the terms of which the Company will obligate itself to pay to the City sums sufficient in the aggregate to pay the principal of and interest and redemption premium, if any, on the Bonds as and when the same shall become due and payable, such instrument to contain other provisions required by law and such other provi- sions as shall be mutually acceptable to the City and.the Company. (d) That it will take such further action and adopt such further proceedings as may be required to implement its afore- said undertakings or as it may deem appropriate in pursuance thereof. 4. General Provisions. (a) All commitments of the City under paragraph 2 hereof and of the Company under paragraph 3 hereof are subject to the condition that on or before December 31, 1981 (or such other date as shall be mutually satisfactory to the City and the Company), the City and the Company shall have agreed to mutually acceptable terms for the Bonds and of the sale and delivery thereof, and mutually acceptable terms and conditions of the documents referred to in paragraph 3 and the proceedings referred to in paragraphs 2 and 3 hereof. (b) Whether or not the events set forth in (a) of this paragraph take place within the.time set forth or any extension thereof, the Company agrees that it will reimburse the City for all reasonable and necessary direct out-of-pocket expenses which the City may incur, including but not limited to, legal fees, printing and publication costs and filing fees arising from the execution of this Agreement and the performance, or preparation to perform by the City of its obligations here- under, or done at the request of the Company. (c) All commitments of the City hereof are further subject to the conditions that the City, and its elected and appointed officials, shall in no event incur any liability for any act or omission hereunder, and that the Bonds described herein shall not constitute an indebtedness of the City within the meaning of any constitutional or statutory provision and shall not constitute nor give rise to a pecuniary liability of the City or a charge against its general credit or taxing powers. IN WITNESS WHEREOF the parties hereto have entered into this Agreement by their officers thereunto duly authorized as of the 26th day of August, 1980. Cit of Iowa City, Iowa (Seal of City) hn R. Balmer, M&yIor Attest: c-Gi Abbie Stolfus, City C erk Thomas & Betts Corporation (Seal of Company) J. W. Kearny Hibbard, Treasurer Attest: Janice H. Way, Secretary -4- date as shall be mutually satisfactory to the City and the Company), the City and the Company shall have agreed to mutually acceptable terms for the Bonds and of the sale and delivery thereof, and mutually acceptable terms andconditions of the documents referred to in paragraph 3 and the proceedings referred to in paragraphs 2 and 3 hereof. (b) Whether or hot the events set forth in (a) of this paragraph take place within the .time set forth or any extension thereof, the Company agrees that it will reimburse the City for all reasonable and necessary direct out-of-pocket expenses which the City may incur, including but not limited to, legal fees, printing and publication costs and filing fees arising from the execution of this Agreement and the performance, or preparation to perform by the City of its obligations here- under, or done at the request of the Company. (c) All commitments of the City hereof are further subject to the conditions that the City, and its elected and appointed officials, shall in no event incur any liability for any act or omission hereunder, and that the Bonds described herein shall not constitute an indebtedness of the City within the meaning of any constitutional or statutory provision and shall not constitute nor give rise to a pecuniary liability of the City or a charge against its general credit or taxing powers. IN WITNESS WHEREOF the parties hereto have entered into this Agreement by their officers thereunto duly authorized as of the 26th day of August, 1980. City of Iowa City, Iowa (Seal of City) hn R. Balker, Mayor Attest: Ab ie Stol us, Cithr Clerk Thomas & Betts Corporation (Seal of Company) J. W. Kearny Hibbard, Treasurer Attest: Janice H. Way, Secretary -4- goal/ CLERK'S CERTIFICATE I, Abbie Stolfus, being first duly sworn do hereby depose and certify that I am the duly appointed, qualified, and acting City Clerk of the City of Iowa City, in the County of Johnson, State of Iowa; that as such I have in my possession, or have access to, the complete corporate records of said City and of its Council and officers; that I have carefully compared the transcript hereto attached with the aforesaid corporate records; and that said transcript hereto attached is a true, correct and complete copy of all the corporate records showing the action taken by the City Council of said City at a meeting open to the public on August 26, 1980, regarding the issuance of not to exceed $5,500,000 aggregate principal amount of Industrial Development Revenue Bonds (Thomas & Betts Corporation Project), of the City of Iowa City, Iowa, directing publication of a notice of intention to issue, calling a public hearing on the proposal to issue said Bonds and authorizing execution of a Memorandum of Agreement; that said proceedings remain in full force and effect and have not been amended or rescinded in any way; that said meeting and all action thereat was duly and publicly held, with members of the public in attendance, in accordance with a notice of meeting and tentative agenda, a copy of which was timely served on each member -of the Council and posted on a bulletin board or other prominent place easily accessible to the public and clearly designated for that purpose at the principal office of the Council (a copy of the face sheet of said agenda being attached hereto) pursuant to the local rules of the Council and the provisions of Chapter 28A, Iowa Code, and upon reasonable advance notice to the public and media at least twenty-four hours prior to the commencement of the meeting as required by said law. Witness my hand and the Corporate Seal of said City hereto affixed this ,-2 7 `r�6 day of August, 1980. ct (Seal) Abbie Stofus, Cit Clerk State of Iowa ) SS.: County of Johnson ) Subscribed and sworn to before me this day, the date last above written. �_JYys<rtZ.c.� �CLi2tGC (Seal) `'" Notary Public Paul F. Ahle. James Evans Cooney Philip J. Dorweiler Kenneth H Haynie Ahlers, Cooney, Dorweiler, Haynie & Smith H. Richard Smith James L. Krambeck Lawyers Jahn F. McKinney. Jr. L. W. Rosebroak 300 Liberty Building Richard G. Santi Sixth and Grand Edgar H Bath, Terry L. Monson Des Moines, Iowa 50309 Lance A. Coppock Eli J. Wirtz (515) 243-7611 David H Luginbill Mark W Beermin Edward W. Remsburg Thnmas E. Slaeberry August 18 1980 g r Ms. Rosemary Vitosh Director, Department of Finance City of Iowa City Civic Center 410 East Washington Iowa City, IA 52240 Re: $5,500,000 - City of Iowa City, Iowa Industrial Development Revenue Bonds (Thomas & Betts Corporation Project) Dear Ms. Vitosh: AUG 19 1980 At your request we are furnishing this letter in connection with the proposed City Council proceedings which we previously forwarded to you for adoption by the City Council of Iowa City on August 26, 1980 regarding the proposed Industrial Development Revenue Bond issue for Thomas & Betts Corporation. We have prepared these proceedings taking into con- sideration all known applicable State and Federal laws, rules or regulations and accordingly, these proceedings are legally sufficient for the intended purposes. AHLERS, Uri TES:gra Very ruly yours, COONEY RWE Thomas E. SMITH 2,23 If"-Ze �1sa1so os lewl. mX� AGENDA REGULAR COUNCIL MEETING AUGUST 26, 1980 Item No. 1 - MEETING TO ORDER. ROLL CALL. Item No. 2 - MAYOR'S PROCLAMATION. a. Jaycee Muscular Dystrophy Week : August 31 -'September 6, 1980. Item No 3 _ CONSIDER ADOPTION OF CONSENT CALENDAR AS PRESENTED OR AMENDED: a. Approval of Official Council Activities of the regular Council meetings of August 6 and August 12, 1980, subject to correction, as recommended by the City Clerk. b. Minutes of Boards and Commissions. (1) Board of Library Trustees meeting of July 24, 1980. (2) Housing Commission meeting of July 2, 1980. C. Permit Resolutions, as recommended by the City Clerk: (1) Consider resolution approving Class C Liquor License for James & Dorothy Strabala dba Deadwood, Inc., 6 S. Dubuque St. (renewal) (2) Consider resolution approving Class B Liquor License for Highlander, Inc. dba The Highlander Inn & Supper Club, Route 2. (renewal) (3) Consider resolution approving Class B Liquor Sunday Sales for Highlander, Inc., dba The Highlander Inn & Supper Club, Route #2. (renewal) (4) Consider resolution issuing dancing permit for Highlander Inc., dba The Highlander Inn & Supper Club, Route #2. (renewal) (5) Consider resolution issuing Class C Liquor License for Michael B. and Mark Alan Anderson dba The Art Gallery, 1200 Gilbert Ct. (new) (6) Consider resolution approving Class C Liquor License for Burcon, Inc., dba Time Out Restaurant and Coaches Corner Lounge, 1220 Highway 6 West. (renewal) Agenda Regular Council Meeti August 26, 1980 7:30 P.M. Page 2 Item No. 3 cont'd. (7) Consider resolution approving Class C Liquor Sunday Sales for Burcon, Inc., dba Time Out Restaurant and Coaches Corner Lounge, 1220 Highway 6 West. (renewal) (8) Consider approving resolution refunding a portion of a Liquor License. (9) Consider resolution issuing cigarette permits. d. Setting Public Hearings. (1) Consider resolution setting public hearing on September 9, 1980, on plans, specifications, form of contract and estimate of cost for the construction of the court and corridor for the downtown parking facility : Ramp A, directing City Engineer to place said plans, etc., on file for public inspection. (2) Consider resolution setting public hearing for September 23, 1980, regarding the issuance of not to exceed $5,500,000 aggregate principle amount of Industrial Development Revenue Bonds (Thomas & Betts Corporation Project) of the City of Iowa City, Iowa, directing publication of a Notice of Intention to Issue, calling a public hearing on the proposal to issue said bonds and authorizing execution of a Memorandum of Agreement. (3) Resolution setting public hearing on September 9, 1980, on disposition of public property. (College Street between Capitol and Madison Streets) e. Correspondence. (1) Letter from five residents of Myrtle Street and Samoa Court protesting any rezoning which may affect their property. This letter has been referred to the City Manager for reply. (2) Letter from Mr. Robert Downer representing College Plaza Development Company/High Country Corporation regarding an extension of the company's offer. (3) Letter from Mayor Michael Kattchee of Coralville regarding the hotel/motel tax. (4) Letter from Mr. and Mrs. C. R. Hicks regarding a problem with Ralston Creek. This letter has been referred to the City Manager for reply. g,-;? 9 Agenda Regul ar. Counci 1 Meeti i August 26, 1980 7:30 .... Page 3 Item No. 3 cont'd. f. Applications for the use of streets and public grounds. (1) Application from Ms. Kathy Kron for the use of Caroline Court for a block picnic on August 28, 1980. (approved) (2) Application from David Duer representing the September Sixteenth Task Force for the use of Blackhawk Mini=park on August 30, 1980. (approved) (3) Application from Chamber of Commerce and Student Panhellenic Association Council for the use of Clinton Street for the annual bed races on September 26, 1980. (approved) g. Applications for City Plaza Use Permits. (1) Application from The Breadline for permission to have an individual carrying a sandwich board advertising The Breadline to walk through City Plaza. (approved) (2) Application from Downtown Association for permission to have a dance in City Plaza on August 14, 1980. (approved) END OF CONSENT CALENDAR. Item No. 4 = PLANNING AND ZONING MATTERS. a. Public hearing to consider opening Melrose Court to motor vehicular traffic from only Greenwood Drive. b. Consider a resolution approving the preliminary and final plat of Empire Addition. S=8002. C. Consider an ordinance rezoning approximately three to four acres from County RS to City R1A located south of Highway 6 East (opposite Heinz Manufacturing) in East Lucas Township. Z-8001. (first consideration) d. Consider an ordinance to vacate Pickard Street between Friendly and Highland Avenues. V-8003. (passed and adopted) Item No. 5 _ PUBLIC DISCUSSION. Item No. 6 - PUBLIC HEARING REGARDING THE SALE OF REAL PROPERTY OWNED BY THE CITY OF IOWA CITY AND LOCATED IN BLOCK 2 OF THE COOK, SARGENT AND DOWNEY'S ADDITION (WEST OF GILBERT STREET AND SOUTH OF KIRKWOOD AVENUE). Item No. 7 - PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATE FOR THE CBD STREETSCAPE IMPROVEMENT PROJECT PHASE II=C. g.2 & da egular Council Meeti August 26, 1980 7:30 r.M. Page 4 Item No. 8 = CONSIDER RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATE FOR THE CBD STREETSCAPE IMPROVEMENT PROJECT PHASE II -C AND AUTHORIZE BIDS TO BE RECEIVED SEPTEMBER 10, 1980, AT 10:00 A.M. Item No. 9 - PUBLIC HEARING ON INTENTION TO ISSUE INDUSTRIAL DEVELOPMENT REVENUE BONDS FOR THE YOUNKERS, INC. PROJECT. Item No 10 RESOLUTION RELATING TO THE HOLDING OF A PUBLIC HEARING AND APPROVING PROCEEDINGS FOR THE ISSUANCE AND SALE OF NOT TO EXCEED $1,800,000 AGGREGATE PRINCIPLE AMOUNT OF INDUSTRIAL DEVELOPMENT REVENUE INTERIM BONDS (YOUNKERS, INC. PROJECT) AND NOT TO EXCEED $1,800,000 AGGREGATE PRINCIPLE AMOUNT OF INDUSTRIAL DEVELOPMENT REVENUE BONDS (YOUNKERS, INC. PROJECT), OF THE CITY OF IOWA CITY, IOWA. Item No. 11 - ANNOUNCEMENT OF VACANCIES. a. Senior Center Commission - One vacancy for an unexpired term ending December 31, 1980 (William J. Ambrisco resigned). b. Board of Electrical Examiners and Appeals _ One vacancy for a professional electrical engineer for an unexpired term ending October 26, 1982 (Clyde J. Hale resigned). One vacancy for a journeyman for a four year term expiring October 26, 1984 (Dale Flannery's term expiring). These appointments will be made at the September 30, 1980 meeting of the City Council. Item No. 12 _ CITY COUNCIL APPOINTMENTS. a. Consider an appointment to the Resources Conservation Commission to fill an unexpired term ending January 1, 1982 (term of James Shepherd). Item No. 13 : CITY COUNCIL INFORMATION. Item No. 14 - REPORT ON ITEMS FROM THE CITY MANAGER AND CITY ATTORNEY. a. City Manager. b. City Attorney. Item No. 15 - CONSIDER MOTION AUTHORIZING DIRECTOR OF PUBLIC WORKS TO SIGN APPLICATION FOR USE OF HIGHWAY RIGHT-OF-WAY FOR UTILITIES ACCOMMO- DATION. Item No. 16 - CONSIDER MOTION AUTHORIZING DIRECTOR OF PUBLIC WORKS TO SIGN APPLICATION TO DO GRADING WITHIN THE HIGHWAY RIGHT=OF-WAY. Item No. 17 - CONSIDER RESOLUTION APPROVING PLANS AND SPECIFICATIONS FOR JOHNSON COUNTY HOME TRUNK SEWER. p�27 Agenda Regular Council Meeti August 26, 1980 7:3C ...1. Page 5 Item No. 18 _ CONSIDER RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT AND COST ESTIMATE FOR THE CONSTRUCTION OF THE MERCER PARK CONCESSION/RESTROOM BUILDING AND AUTHORIZE BIDS TO BE RECEIVED SEPTEMBER 16, 1980, AT 10:00 A.M. Item No. 19 _ CONSIDER RESOLUTION REJECTING BIDS AND DIRECTING CITY CLERK TO PUBLISH A NEW NOTICE TO BIDDERS AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS FOR THE CONSTRUCTION OF THE RENOVATION OF AIR CONDITIONING AND HEATING SYSTEMS AT THE CIVIC CENTER BUILDINGS FOR OCTOBER 1, 1980 AT 10:00 A.M. Item No. 20 a CONSIDER RESOLUTION DIRECTING THE PLACEMENT OF AN ISLAND IN THE WEST END OF THE 200 BLOCK OF HARRISON STREET UPON WHICH A DRIVER SIDE CONVENIENCE MAILBOX CAN BE INSTALLED. Item No. 21 : RESOLUTION RESCINDING ESTABLISHED JUST COMPENSATION FOR THE ACQUISITION OF PARCEL NO. 14 IN THE LOWER RALSTON CREEK NEIGHBORHOOD REVITALIZATION PROJECT, AND REESTABLISHING JUST COMPENSATION FOR PARCEL NO. 14. Item No. 22 - CONSIDER RESOLUTION AUTHORIZING FILING A FIFTH YEAR AND CUMULATIVE COMMUNITY DEVELOPMENT BLOCK GRANT GRANTEE PERFORMANCE REPORT. Item No. 23 = CONSIDER RESOLUTION AUTHORIZING FILING A COMMUNITY DEVELOPMENT BLOCK GRANT/METRO ENTITLEMENT APPLICATION IN THE AMOUNT OF $770,000 UNDER THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974, AS AMENDED, INCLUDING ALL UNDERSTANDINGS AND ASSURANCES CONTAINED THEREIN AND DESIGNATING THE CITY MANAGER AS THE AUTHORIZED CHIEF EXECUTIVE OFFICER FOR THE GRANT. Item No. 24 CONSIDER RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST AMENDMENT 1 TO THE AGREEMENT WITH OUT OF DANGER, INC., DBA AID AND ALTERNATIVES TO VICTIMS OF SPOUSE ABUSE, FOR THE USE OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS TO ACQUIRE, REHABILITATE, AND UTILIZE A SHELTER FOR VICTIMS OF SPOUSE ABUSE. Item No. 25 s CONSIDER RESOLUTION AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF $2,570,000 GENERAL OBLIGATION BONDS AND LEVYING A TAX TO PAY SAID BONDS. Item No. 26 - CONSIDER RESOLUTION DECLARING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE ISSUANCE OF CERTAIN TAXI -CAB CERTIFICATES APPLIED FOR BY HAWKEYE CAB COMPANY. Item No. 27 _ CONSIDER RESOLUTION ACCEPTING THE WORK COMPLETING THE GOVERNOR ROBERT LUCAS SQUARE AND FOUNTAIN PROJECT. Item No. 28 _ CONSIDER RESOLUTION RECLASSIFYING TWO PERMANENT FULL=TIME POSITIONS IN THE HUMAN RELATIONS DEPARTMENT. gas Agenda - Regular Council Meet - August 26, 1980 7:30 N.M. Page 6 Item No. 29 : CONSIDER AN ORDINANCE ADOPTING THE 1979 EDITION OF THE UNIFORM MECHANICAL CODE AS PREPARED BY THE INTERNATIONAL CONFERENCE ON BUILDING OFFICIALS. (second consideration) Item No. 30 s CONSIDER AN ORDINANCE ADOPTING THE 1979 EDITION OF THE UNIFORM BUILDING CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS AS PREPARED BY THE INTERNATIONAL CONFERENCE OF BUILDING OFFICIALS. (second consideration) Item No. 31 - CONSIDER AN ORDINANCE ADOPTING THE 1979 EDITION OF THE UNIFORM PLUMBING CODE AS PREPARED BY THE INTERNATIONAL ASSOCIATION OF PLUMBING AND MECHANICAL OFFICIALS. (second consideration) Item No. 32 = CONSIDER AN ORDINANCE ADOPTING THE 1979 EDITION OF THE UNIFORM BUILDING CODE OF THE INTERNATIONAL CONFERENCES OF BUILDING OFFICIALS. (second consideration) Item No. 33 : CONSIDER A RESOLUTION ESTABLISHING BUILDING PERMIT FEES FOR THE UNIFORM BUILDING CODE FOR THE CITY OF IOWA CITY. Item No. 34 = ADJOURNMENT. City of Iowa C1 MEMORAN®VM DAPIi August 25, 1980 TO: GENERAL PUBLIC FROM: CITY CLERK RE: ADDITIONS TO AUGUST 26TH CONSENT CALENDAR Consider resolution approving Class C Beer Permit application, for William H. Fairchild and David E. Ayres dba Fairchild's, 105 E. Burlington. (new) Consider resolution approving Class C Beer Sunday Sales Permit application for William H. Fairchild and David E. Ayres dba Fairchild's, 105 E. Burlington. (new) Consider resolution approving Class C Liquor License application for Micky's, Inc. dba Micky's, 11 South Dubuque. (new) Consider resolution refunding a portion of a cigarette permit. DELETE ITEM 3. (c) 6 and 7 - Resolutions re Burcon, Inc. dba Time Out Restaurant and Coaches Corner Lounge /P"".. x:30 51a.slo iii g3c '- 9oz 1 RESOLUTION NO. 80-368 RESOLUTION SETTING PUBLIC HEARING ON DISPOSITION OF PUBLIC PROPERTY WHEREAS, it is in the public interest to foster cooperation between the City of Iowa City and the University of Iowa; and WHEREAS, the City has agreed to vacate a block of College Street between Capitol and Madison Streets in furtherance of site improvements for the University of Iowa's Lindquist Center, which improvements include plans for a plaza area; and WHEREAS, in consideration for such vacation, the Executive Council of Iowa has granted sewer and water main easements to the City of Iowa City, thereby effectuating Ordinance No. 80-2996 vacating said College Street block; and WHEREAS, the City is required to hold a public hearing on the disposition of the City's interest in this vacated portion, if any there be. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF IOWA CITY, IOWA that a public hearing be held on the proposal to dispose of the following property to the State of Iowa, for the use and benefit of the State University of Iowa under the jurisdiction of the Board of Regents, which property is more particularly described as follows: College Street beginning at the NE corner of Block 92, O.T., said point being on the west R.O.W. line of Capitol Street, thence North along the west R.O.W. of Capitol Street to the SE Corner of Block 91, O.T., thence west along the South line of Block 91, O.T. to the SW Corner of Block 91, O.T., said point being on the East R.O.W. of Madison Street, thence South along the east R.O.W. line of Madison Street to the NW Corner of Block 92, O.T., thence east along the North line of Block 92, O.T., to the NE Corner of Block 92, O.T., said point of beginning. Public hearing is hereby set for September 9, 1980 at 7:30 P.M. in the Council Chambers of the Civic Center, 410 East Washington Street, Iowa City, Iowa. It was moved by Neuhauser and seconded by Roberts the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Balmer X Erdahl X Lynch 90.E x Neuhauser x Perret x Roberts x Vevera Passed and approved this 26th day of August , 1980. OR� ,- \,I�fAY ATTEST: C TY CLERK' R"v94 a Approved By The Level /epartm®ni Iu./ 2 Q After ample opportunity had been given to all persons who appeared at the hearing to express their views for or against the proposal to issue the Interim Bonds and the Bonds, Council Member Vevera proposed the following Resolution and moved its adoption. Council Member Lynch seconded the motion to adopt. After due consideration of said motion, the roll was called and the Resolution was adopted by the following vote: AYES: Erdahl, Lynch, Neuhauser, Perret, Roberts Vevera, Balmer NAYS: None The Resolution was thereupon signed by the Mayor and in evidence of his approval, was attested by the City Clerk, and was declared to be effective. The Resolution is as follows: -3- 9o5 (other Business) The Mayor announced that the purpose of the meeting was to hold a public hearing on the proposal to issue not to exceed $1,800,000 aggregate principal amount of the City's Industrial Development Revenue Interim Bonds (Younkers, Inc. Project), pursuant to the provisions of Chapter 419, Code of Iowa, for the purpose of temporarily financing all or a portion of the cost of acquiring certain fixtures, equipment and miscellaneous appointments, and of installing said items in an existing building to be leased from Old Capitol Associates, all to be suitable for use as a commercial enterprise consisting of retail facilities, located within the area of and consistent with the City's Project No. Iowa R-14 Urban Renewal Plan, in anticipation of the issuance of not to exceed $1,800,000 aggregate principal amount of the City's Industrial Development Revenue Bonds (Younkers, Inc. Project). It is proposed that the proceeds from the sale of said Interim Bonds and said Bonds be loaned by the City to Younkers, Inc., with loan payments sufficient to pay principal of, interest and premium, if any, on such Interim Bonds and such Bonds as the same shall fall due. The Mayor then asked if there was any person or persons present to express views for or against the proposal to issue said Interim Bonds and said Bonds, notice of said hearing having been published as required by law. Written objections or other comments were filed by the following: (List names of persons filing objections and attach copies of same. If none, insert the word "None".) Oral objections or other comments were made by the following: (List names of persons appearing and a summary of any views expressed. If none, insert the word "None".) After ample opportunity had been given to all persons who appeared at the hearing to express their views for or against the proposal to issue the Interim Bonds and the Bonds, Council Member Vevera proposed the following Resolution and moved its adoption. Council Member Lynch seconded the motion to adopt. After due consideration of said motion, the roll was called and the Resolution was adopted by the following vote: AYES: Erdahl, Lynch, Neuhauser, Perret, oberts. Vevera. Balmer NAYS: None The Resolution was thereupon signed by the Mayor and in evidence of his approval, was attested by the City Clerk, and was declared to be effective. The Resolution is as follows: RESOLUTION NO. 80-369 RESOLUTION RELATING TO THE HOLDING OF A PUBLIC HEARING AND APPROVING PROCEEDING WITH THE ISSUANCE AND SALE OF NOT TO EXCEED $1,800,000 AGGREGATE PRINCIPAL AMOUNT OF INDUSTRIAL DEVELOPMENT REVENUE INTERIM BONDS (YOUNKERS, INC. PROJECT) AND NOT TO EXCEED $1,800,000 IN AGGREGATE PRINCIPAL AMOUNT OF INDUSTRIAL DEVELOP- MENT REVENUE BONDS (YOUNKERS, INC. PROJECT), OF THE CITY OF IOWA CITY, IOWA. WHEREAS, the City of Iowa City, a political subdivision of the State of Iowa (the "City"), is authorized by Chapter 419 of the Iowa Code, as amended (the "Act"), to issue Industrial Development Revenue Interim Bonds and Industrial Development Revenue Bonds for the purpose of defraying the cost of acquiring, constructing, improving and equipping land, buildings and improvements suitable for use as a commercial enterprise consisting of a retail facility which the City finds is consistent with the urban renewal plan adopted by the City pursuant to Chapter 403, Code of Iowa, and to loan the proceeds from the sale of such Interim Bonds and such Bonds, pursuant to a loan agreement, to Younkers, Inc., an Iowa corporation and a wholly-owned subsidiary of Equitable of Iowa Companies (hereinafter referred to as the "Company"), to be used for the aforesaid purposes; and WHEREAS, the City has determined said Project is located within the area of and is consistent with and authorized by the City's Project No. Iowa R-14 Urban Renewal Plan, and there is a public need in the City and its surrounding environs for imple- mentation of said Urban Renewal Plan, which will promote urban renewal, rehabilitation and redevelopment of the City, will eliminate blighted areas within the City and provide employment opportunities for residents of the City and the surrounding area; and WHEREAS, a notice of hearing on the proposal to issue not to exceed $1,800,000 aggregate principal amount of Industrial Development Revenue Interim Bonds (Younkers, Inc. Project) (the "Interim Bonds") and not to exceed $1,800,000 aggregate principal amount of Industrial Development Revenue Bonds (Younkers, Inc. Project) (the "Bonds"), of the City of Iowa City, Iowa, has been published as required by law; and WHEREAS, a public hearing has been held at the time and place as specified in said notice of hearing and any and all objections or other comments relating to such Interim Bonds and -4- such Bonds have been heard and it is deemed to be in the best interests of the City of Iowa City, Iowa, that said Interim Bonds and said Bonds be issued as proposed; and NOW, THEREFORE, Be It Resolved by the City Council of the City of Iowa City, Iowa, as follows: Section 1. That it is hereby determined that it is neces- sary and advisable that the City proceed with the issuance of its Industrial Development Revenue Interim Bonds (Younkers, Inc. Project) in an amount not to exceed $1,800,000, and its Industrial Development Revenue Bonds (Younkers, Inc. Project) in an amount not to exceed $1,800,000 all as authorized and permitted by the Act, and to loan the proceeds of the sale of the Interim Bonds and the Bonds to the Company, all upon terms and conditions mutually satisfactory to the City and the Company. Section 2. That at the public hearing conducted by this Council, pursuant to published notice, all persons who appeared were given an opportunity to express their views for or against the proposal to issue said Interim Bonds and said Bonds and it is hereby determined that any and all objections to the issuance of the said Interim Bonds and said Bonds, are hereby overruled. Section 3. That this Council shall proceed with the necessary proceedings relating to the issuance of said Interim Bonds and said Bonds upon reasonable advance notice from the Company that satisfactory financing terms have been agreed upon with the proposed purchasers and the required documentation has been prepared by Bond Counsel, and approved by all other parties, including the City Attorney of said City. Section 4. That said Interim Bonds and said Bonds, if issued, and the interest thereon, will be payable solely out of the revenues derived from the financing of said Project and shall never constitute an indebtedness of the City of Iowa City, Iowa, within the meaning of any state constitutional provision, or statutory limitation, and shall not constitute nor give rise to a pecuniary liability of said City of Iowa City, Iowa, or a charge against its general credit or taxing powers. -5- 9e f Section 5. All Resolutions and Orders or parts thereof, in conflict herewith are, to the extent of such conflict, hereby repealed and this Resolution shall be in full force and effect immediately upon its adoption. Adopted and approved this 26th day of August, 1980. -6- 9io CLERK'S CERTIFICATE I, Abbie Stolfus, being first duly sworn do hereby depose and certify that I am the duly appointed, qualified, and acting City Clerk of the City of Iowa City, in the County of Johnson, State of Iowa; that as such I have in my possession, or have access to, the complete corporate records of said City and of its Council and officers; that I have carefully compared the transcript hereto attached with the aforesaid corporate records; and that said transcript hereto attached is a true, correct and complete copy of all the corporate records showing the action taken by the City Council of said City at a meeting open to the public on August 26, 1980, holding a public hearing and approving the issuance of not to exceed $1,800,000 aggregate principal amount of Industrial Development Revenue Interim Bonds (Younkers, Inc. Project), and not to exceed $1,800,000 aggregate principal amount of Industrial Development Revenue Bonds (Younkers, Inc. Project), of the City of Iowa City, Iowa; that said proceedings remain in full force and effect and have not been amended or rescinded in any way; that said meeting and all action thereat was duly and publicly held, with members of the public in attendance, in accordance with a notice of meeting and tentative agenda, a copy of which was timely served on each member of the Council and posted on a bulletin board or other prominent place easily accessible to the public and clearly designated for that purpose at the prin- cipal office of the Council (a copy of the face sheet of said agenda being attached hereto) pursuant to the local rules of the Council and the provisions of Chapter 28A, Iowa Code, and upon reasonable advance notice to the public and media at least twenty-four hours prior to the commencement of the meeting as required by said law. Witness my hand and the Corporate Seal of said City hereto affixed thisc`La7 day of August, 1980. Owc'_'� (Seal) Abbie Stolfus, City Clerk State of Iowa ) SS.: County of Johnson ) Subscribed and sworn to before me this day, the date last above written. 6 (Seal) 19 Notary Public -7- 91/ Paul F. Ahlers James Evans Cooney Philip J. Domeiler i 9 1980 Kenneth H. Haynie Ahlers, Cooney, Dorweiler, Haynie & Smith H. Richard Smith James L. Kc rnbeck Lawyers John F. McKinney, Jr. L. W. Rosehrouk 300 Liberty iluildin r g ttirhafd G. Sarni Sixth and Grand lWgar If, 11111ir Terry L. Mommm Des Moines, Iowa 50309 Lance A. Coppock Eli J. Wirtz (515) 243-7611 David H. Luginbill Mark W. Beerman Edward W. Remsburg Thomas E.Stanberry August 18, 1980 Ms. Rosemary Vitosh Director, Department of Finance City of Iowa City 410 East Washington Iowa City, IA 52240 Re: Proposed issuance of $1,800,000 - City of Iowa City, Iowa Industrial Development Revenue Bonds (Younkers, Inc. Project) Dear Ms. Vitosh: At your request we are furnishing this letter in connection with the proposed City Council proceedings which we previously forwarded to you for adoption by the City Council of Iowa City on August 26, 1980 regarding the proposed Industrial Development Revenue Bond issue for Younkers, Inc. We have prepared these proceedings taking into con- sideration all known applicable State and Federal laws, rules or regulations and accordingly, these proceedings are legally sufficient for the intended purposes. Very Iruly yours, AHLERS, COONEY QI TES:gra R, FAMBrA SMITH 9Woz.- (This Notice to be Posted) NOTICE AND CALL OF COUNCIL MEETING Governmental Body: Date of Meeting: Time of Meeting: Place of Meeting: The City Council of Iowa City, Iowa. August 26, 1980 7:30 P.M. Council Chambers Civic Center Iowa City, Iowa PUBLIC NOTICE IS HEREBY GIVEN that the above-mentioned governmental body will meet at the date, time and place above set out. The tentative agenda for said meeting is as 'follows: 1. Resolution Relating to the Holding of a Public Hearing and Approving Proceeding With The Issuance and Sale of Not To Exceed $1,800,000 Aggregate Principal Amount of Industrial Development Revenue Interim Bonds (Younkers, Inc. Project), and Not to Exceed $1,800,000 Aggregate Principal Amount of Industrial Development Revenue Bonds (Younkers, Inc. Project), of the City of Iowa City, Iowa. 2. Such additional matters as are set forth on the additional page(s) attached hereto (attach copy of agenda). This notice is given at the direction of the Mayor, pur- suant to Chapter 28A, Iowa Code, as amended, and the local rules of said governmental body. Abbie Stolfus, Clerk Of the City of Iowa City, Iowa -8- 9�3 e — � AGENDA REGULAR COUNCIL MEETING AUGUST 26, 1980 Item No. 1 - MEETING TO ORDER. ROLL CALL. Item No. 2 - MAYOR'S PROCLAMATION. a. Jaycee Muscular Dystrophy Week : August 31=September 6, 1980. Item No. 3 _ CONSIDER ADOPTION OF CONSENT CALENDAR AS PRESENTED OR AMENDED: a. Approval of Official Council Activities of the regular Council meetings of August 6 and August 12, 1980, subject to correction, as recommended by the City Clerk. b. Minutes of Boards and Commissions. (1) Board of Library Trustees meeting of July 24, 1980. (2) Housing Commission meeting of July 2, 1980. C. Permit Resolutions, as recommended by the City Clerk: (1) Consider resolution approving Class C Liquor License for James & Dorothy Strabala dba Deadwood, Inc., 6 S. Dubuque St. (renewal) (2) Consider resolution approving Class B Liquor License for Highlander, Inc, dba The Highlander Inn & Supper Club, Route 2. (renewal) (3) Consider resolution approving Class B Liquor Sunday Sales for Highlander, Inc., dba The Highlander Inn & Supper Club, Route #2. (renewal) (4) Consider resolution issuing dancing permit for Highlander Inc., dba The Highlander Inn & Supper Club, Route #2. (renewal) (5) Consider resolution issuing Class C Liquor License for Michael B. and Mark Alan Anderson dba The Art Gallery, 1200 Gilbert Ct. (new) (6) Consider resolution approving Class C Liquor License for Burcon, Inc., dba Time Out Restaurant and Coaches Corner Lounge, 1220 Highway 6 West. (renewal) 9ijl Agenda Regular Council Meeti August 25, 1980 7:30 P.M. Page 2 Item No. 3 cont'd. (7) Consider resolution approving Class C Liquor Sunday Sales for Burcon, Inc., dba Time Out Restaurant and Coaches Corner Lounge, 1220 Highway 6 West. (renewal) (8) Consider approving resolution refunding a portion of a, Liquor License. (9) Consider resolution issuing cigarette permits. d. Setting Public Hearings. (1) Consider resolution setting public hearing on September 9, 1980, on plans, specifications, form of contract and estimate of cost for the construction of the court and corridor for the downtown parking facility z Ramp A, directing City Engineer to place said plans, etc., on file for public inspection. (2) Consider resolution setting public hearing for September 23, 1980, regarding the issuance of not to exceed $5,500,000 aggregate principle amount of Industrial Development Revenue Bonds (Thomas & Betts Corporation Project) of the City of Iowa City, Iowa, directing publication .of a Notice of Intention to Issue, calling a public hearing on the proposal to issue said bonds and authorizing execution of a Memorandum of Agreement. (3) Resolution setting public hearing on September 9, 1980, on disposition of public property. (College Street between Capitol and Madison Streets) e. Correspondence. (1) Letter from five residents of Myrtle Street and Samoa Court protesting any rezoning which may affect their property. This letter has been referred to the City Manager for reply. (2) Letter from Mr. Robert Downer representing College Plaza Development Company/High Country Corporation regarding an extension of the company's offer. (3) Letter from Mayor Michael Kattchee of Coralville regarding the hotel/motel tax. (4) Letter from Mr. and Mrs. C. R. Hicks regarding a problem with Ralston Creek. This letter has been referred to the City Manager for reply. �/S Agenda Regular Council Meeti August 26, 1980 7:30 I. Page 3 - Item No. 3 cont'd. f. Applications for the use of streets and public grounds. (1) Application from Ms. Kathy Kron for the use of Caroline Court for a block picnic on August 28, 1980. (approved) (2) Application from David Duer representing the September Sixteenth Task Force for the use of Blackhawk Mini -park on August 30, 1980. (approved) (3) Application from Chamber of Commerce and Student Panhellenic Association Council for the use of Clinton Street for the annual bed races on September 26, 1980. (approved) g. Applications for City Plaza Use Permits. (1) Application from The Breadline for permission to have an individual carrying a sandwich board advertising The Breadline to walk through City Plaza. (approved) (2) Application from Downtown Association for permission to have a dance in City Plaza on August 14, 1980. (approved) END OF CONSENT CALENDAR. Item No. 4 a PLANNING AND ZONING MATTERS. a. Public hearing to consider opening Melrose Court to motor vehicular traffic from only Greenwood Drive. b. Consider a resolution approving the preliminary and final plat of Empire Addition. S=8002. C. Consider an ordinance rezoning approximately three to four acres from County RS to City RIA located south of Highway 6 East (opposite Heinz Manufacturing) in East Lucas Township. Z-8001. (first consideration) d. Consider an ordinance to vacate Pickard Street between Friendly and Highland Avenues. V=8003. (passed and adopted) Item No. 5 - PUBLIC DISCUSSION. Item No. 6 - PUBLIC HEARING REGARDING THE SALE OF REAL PROPERTY OWNED BY THE CITY OF IOWA CITY AND LOCATED IN BLOCK 2 OF THE COOK, SARGENT AND DOWNEY'S ADDITION (WEST OF GILBERT STREET AND SOUTH OF KIRKWOOD AVENUE). Item No. 7 - PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATE FOR THE CBD STREETSCAPE IMPROVEMENT PROJECT PHASE II=C. 914 Agenda Regular Council Meeti August 2F, 1980 7:30 P.M. Page 4 Item No. 8 = CONSIDER RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATE FOR THE CBD STREETSCAPE IMPROVEMENT PROJECT PHASE II -C AND AUTHORIZE BIDS TO BE RECEIVED SEPTEMBER 10, 1980, AT 10:00 A.M. Item No. 9 - PUBLIC HEARING ON INTENTION TO ISSUE INDUSTRIAL DEVELOPMENT REVENUE BONDS FOR THE YOUNKERS, INC. PROJECT. Item No 10 _ RESOLUTION RELATING TO THE HOLDING OF A PUBLIC HEARING AND APPROVING PROCEEDINGS FOR THE ISSUANCE AND SALE OF NOT TO EXCEED $1,800,000 AGGREGATE PRINCIPLE AMOUNT OF INDUSTRIAL DEVELOPMENT REVENUE INTERIM BONDS (YOUNKERS, INC. PROJECT) AND NOT TO EXCEED $1,800,000 AGGREGATE PRINCIPLE AMOUNT OF INDUSTRIAL DEVELOPMENT REVENUE BONDS (YOUNKERS, INC. PROJECT), OF THE CITY OF IOWA CITY, IOWA. Item No. 11 - ANNOUNCEMENT OF VACANCIES. a. Senior Center Commission - One vacancy for an unexpired term ending December 31, 1980 (William J. Ambrisco resigned). b. Board of Electrical Examiners and Appeals - One vacancy for a professional electrical engineer for an unexpired term ending October 26, 1982 (Clyde J. Hale resigned). One vacancy for a journeyman for a four year term expiring October 26, 1984 (Dale Flannery's term expiring). These appointments will be made at the September 30, 1980 meeting of the City Council. Item No. 12 - CITY COUNCIL APPOINTMENTS. a. Consider an appointment to the Resources Conservation Commission to fill an unexpired term ending January 1, 1982 (term of James Shepherd). Item No. 13 _ CITY COUNCIL INFORMATION. Item No. 14 : REPORT ON ITEMS FROM THE CITY MANAGER AND CITY ATTORNEY. a. City Manager. b. City Attorney. Item No. 15 - CONSIDER MOTION AUTHORIZING DIRECTOR OF PUBLIC WORKS TO SIGN APPLICATION FOR USE OF HIGHWAY RIGHT=OF-WAY FOR UTILITIES ACCOMMO- DATION. Item No. 16 - CONSIDER MOTION AUTHORIZING DIRECTOR OF PUBLIC WORKS TO SIGN APPLICATION TO DO GRADING WITHIN THE HIGHWAY RIGHT=OF�WAY. Item No. 17 - CONSIDER RESOLUTION APPROVING PLANS AND SPECIFICATIONS FOR JOHNSON COUNTY HOME TRUNK SEWER. 3 Agenda Regular Council Meet1 August 26, 1980 7:3( __d. Page 5 Item No. 18 : CONSIDER RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT AND COST ESTIMATE FOR THE CONSTRUCTION OF THE MERCER PARK CONCESSION/RESTROOM BUILDING AND AUTHORIZE BIDS TO BE RECEIVED SEPTEMBER 16, 1980, AT 10:00 A.M. Item No. 19 _ CONSIDER RESOLUTION REJECTING BIDS AND DIRECTING CITY CLERK TO PUBLISH A NEW NOTICE TO BIDDERS AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS FOR THE CONSTRUCTION OF THE RENOVATION OF AIR CONDITIONING AND HEATING SYSTEMS AT THE CIVIC CENTER BUILDINGS FOR OCTOBER 1, 1980 AT 10:00 A.M. Item No. 20 : CONSIDER RESOLUTION DIRECTING THE PLACEMENT OF AN ISLAND IN THE WEST END OF THE 200 BLOCK OF HARRISON STREET UPON WHICH A DRIVER SIDE CONVENIENCE MAILBOX CAN BE INSTALLED. Item No. 21 = RESOLUTION RESCINDING ESTABLISHED JUST COMPENSATION FOR THE ACQUISITION OF PARCEL NO. 14 IN THE LOWER RALSTON CREEK NEIGHBORHOOD REVITALIZATION PROJECT, AND REESTABLISHING JUST COMPENSATION FOR PARCEL NO. 14. Item No. 22 - CONSIDER RESOLUTION AUTHORIZING FILING A FIFTH YEAR AND CUMULATIVE COMMUNITY DEVELOPMENT BLOCK GRANT GRANTEE PERFORMANCE REPORT. Item No. 23 _ CONSIDER RESOLUTION AUTHORIZING FILING A COMMUNITY DEVELOPMENT BLOCK GRANT/METRO ENTITLEMENT APPLICATION IN THE AMOUNT OF $770,000 UNDER THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974, AS AMENDED, INCLUDING ALL UNDERSTANDINGS AND ASSURANCES CONTAINED THEREIN AND DESIGNATING THE CITY MANAGER AS THE AUTHORIZED CHIEF EXECUTIVE OFFICER FOR THE GRANT. Item No. 24 a CONSIDER RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST AMENDMENT 1 TO THE AGREEMENT WITH OUT OF DANGER, INC., DBA AID AND ALTERNATIVES TO VICTIMS OF SPOUSE ABUSE, FOR THE USE OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS TO ACQUIRE, REHABILITATE, AND UTILIZE A SHELTER FOR VICTIMS OF SPOUSE ABUSE. Item No. 25 a CONSIDER RESOLUTION AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF $2,570,000 GENERAL OBLIGATION BONDS AND LEVYING A TAX TO PAY SAID BONDS. Item No. 26 : CONSIDER RESOLUTION DECLARING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE ISSUANCE OF CERTAIN TAXI=CAB CERTIFICATES APPLIED FOR BY HAWKEYE CAB COMPANY. Item No. 27 : CONSIDER RESOLUTION ACCEPTING THE WORK COMPLETING THE GOVERNOR ROBERT LUCAS SQUARE AND FOUNTAIN PROJECT. Item No. 28 a CONSIDER RESOLUTION RECLASSIFYING TWO PERMANENT FULL=TIME POSITIONS IN THE HUMAN RELATIONS DEPARTMENT. •Agenda Regular Council Meet August Z6, 1980 7:3t, r.M. Page 6 Item No. 29 : CONSIDER AN ORDINANCE ADOPTING THE 1979 EDITION OF THE UNIFORM ,?If MECHANICAL CODE AS PREPARED BY THE INTERNATIONAL CONFERENCE ON BUILDING OFFICIALS. (second consideration) Item No. 30 : CONSIDER AN ORDINANCE ADOPTING THE 1979 EDITION OF THE UNIFORM BUILDING CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS AS PREPARED BY THE INTERNATIONAL CONFERENCE OF BUILDING OFFICIALS. (second consideration) Item No. 31 - CONSIDER AN ORDINANCE ADOPTING THE 1979 EDITION OF THE UNIFORM PLUMBING CODE AS PREPARED BY THE INTERNATIONAL ASSOCIATION OF PLUMBING AND MECHANICAL OFFICIALS. (second consideration) Item No. 32 = CONSIDER AN ORDINANCE ADOPTING THE 1979 EDITION OF THE UNIFORM BUILDING CODE OF THE INTERNATIONAL CONFERENCES OF BUILDING OFFICIALS. (second consideration) Item No. 33 : CONSIDER A RESOLUTION ESTABLISHING BUILDING PERMIT FEES FOR THE UNIFORM BUILDING CODE FOR THE CITY OF IOWA CITY. Item No. 34 = ADJOURNMENT. ,?If City of Iowa CI MEMORANDUM DAYi: August 25, 1980 TO: GENERAL PUBLIC FROM: CITY CLERK RE: ADDITIONS TO AUGUST 26TH CONSENT CALENDAR Consider resolution approving Class C Beer Permit application_ for William H. Fairchild and David E. Ayres dba Fairchild's, 105 E. Burlington. (new) Consider resolution approving Class C Beer Sunday Sales Permit application for William H. Fairchild and David E. Ayres dba Fairchild's, 105 E. Burlington. (new) Consider resolution approving Class C Liquor License application for Micky's, Inc. dba Micky's, 11 South Dubuque. (new) Consider resolution refunding a portion of a cigarette permit. DELETE ITEM 3. (c) 6 and 7 - Resolutions re Burcon, Inc. dba Time Out Restaurant and Coaches Corner Lounge p/ny�.ai� • / • 30 ��a s�o moi( RESOLUTION NO. 80-370 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE CBD STREETSCAPE IMPROVEMENT PROJECT PHASE II -C ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECT- ING CITY CLERK TO PUBLISH NOTICE TO BIDDERS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. WHEREAS, notice of public hearing on the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project was published as required by law, and the hearing thereon held. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project are hereby approved. 2. That the amount of bid security to accompany each bid for the construction of the above-named project shall be in the amount of 5% Of bid payable to Treasurer, City of Iowa City, Iowa. 3. That the City Clerk is hereby authorized and directed to publish notice for the receipt of bids for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the city not less than four (4) nor more than twenty (20) days before the date established for the receipt of bids. 4. That bids for the construction of the above-named project are to be received by the City of Iowa City, Iowa, at the Office of the City Clerk, at the Civic Center, until 10:00 a.m. on the 10th day of September , 1981L. Thereafter, the bids will be opened by the _ City Engineer or his designee , and thereupon referred to the Council of the City of Iowa City, Iowa, for action upon said bids at its next meeting to be held at the Council Chambers, Civic Center, Iowa City, Iowa, at 7:30 p.m. on the 16th day of September , 1980 R*C*ivsd�°A Approved BY The iZu/ De;3; � 9a-/ T— Page.2 Resolution No. 80-370 It was moved by Neuhauser and seconded by � that the Resolution as rea e�o�, and upon roll call there were: AYES: NAYS: ABSENT: x BALMER x ERDAHL x LYNCH x NEUHAUSER x PERRET x ROBERTS VEVERA Passed and approved this 26th day of Aueust 1 19 8a ATTEST: CITY CLERK g,2.z RESOLUTION NO. 80-371 RESOLUTION APPROVING PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF THE JOHNSON COUNTY HOME TRUNK SEWER. WHEREAS, the Johnson County Board of Supervisors has requested formal approval by Council on plans and specifications for the construction of the above-named project. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: That the plans and specifications for the construction of the above-named project are hereby approved. It was moved by Roberts and seconded byyevera 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 26th day of August 1980 Attest: 1)1'11_'e __ City Clerk RecWvW & Approvsd By The legal Depa erM z 'C�10 9OZ-3 RESOLUTION NO. 80-372 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE MERCER PARK CONCESSION/RESTROOM BUILDING ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECT- ING CITY CLERK TO PUBLISH NOTICE TO BIDDERS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. WHEREAS, notice of public hearing on the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project was published as required by law, and the hearing thereon held. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA_ 1. That the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project are hgreby approved. 2. That the amount of bid security to accompany each bid for the construction of the above-named project shall be in the amount of 5% of base bid payable to Treasurer, City of Iowa City, Iowa. 3. That the City Clerk is hereby authorized and directed to publish notice for the receipt of bide for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the city not less than four (4) nor more than twenty (20) days before the date established for the receipt of bids. 4. That bide for the construction of the above-named project are to be received by the City of Iowa City, Iowa, at the Office of the City Clerk, at the Civic Center, until 10:00 A.M. on the 16th day of September , 1980. Thereafter, the bids will be opened by the City Engineer or his designee , and thereupon referred to the Council of the City of Iowa City, Iowa, for action upon said bids at its next meeting to be held at the Council Chambers, Civic Center, Iowa City, Iowa, at 7:30 P.M. on the 23rd day of September , ig 80 keceivg,! $ .APpmvad 90? �Z Page. 2 Resolution No. 80-372 It was moved by Lynch and seconded by Roberts that the Resolution as rea e a opte , and upon roll ca t ere were: AYES: NAYS: ABSENT: x BALMER x ERDAHL x LYNCH x NEUHAUSER x PERRET x ROBERTS x VEVERA Passed and approved this 26th day of August MA OR ATTEST: a -L. &"L CITY CLERK 19 80. gas RESOLUTION NO. 80-373 RESOLUTION REJECTING BIDS TAKEN AUGUST 19, 1980 AND DIRECTING CITY CLERK TO PUBLISH NEW NOTICE TO BIDDERS AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS FOR THE CONSTRUCTION OF THE RENOVATION OF AIR CONDITIONING AND HEATING SYSTEMS AT THE CIVIC CENTER. WHEREAS, notice of public hearing on the plans, specifications, form of contract and estimate of cost for the construction of the above- named project was published as required by law, and the hearing thereon held, and WHEREAS, bidding was held on August 19, 1980, in the Civic Center, no acceptable bids were received and the project should therefore be set for rebidding, and WHEREAS, the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project remain on file with the City Clerk, and WHEREAS, the amount of bid security to accompany each bid for the construction of the above-named project had earlier been set in the amount of 5% of Bid payable to Treasurer, City of Iowa City, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: That the bids received at the Civic Center on August 19, 1980 are unacceptable and hereby rejected. That the City Clerk is hereby authorized and directed to publish notice for the receipt of bids for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the city not less then four (4) nor more than twenty (20) days before the date established for the receipt of bids. That bids for the construction of the above-named project are to be received by the City of Iowa City, Iowa, at the Office of the City Clerk, at the Civic Center, until 10:00 A.M. on the 1st day of October, 1980. Thereafter, the bids will be opened by the City Engineer or his designee, and thereupon referred to the Council of the City of Iowa City, Iowa, for action upon said bids at its next meeting to be held at the Council Chambers, Civic Center, Iowa City, Iowa, at 7:30 P.M. on the 7th day of October, 1980. It was moved by Neuhauser and seconded by Perret the Resolution be adopted, and upon roll call there were: 9�7_.ev Resolution P BO -373 Page 2 AYES: NAYS: ABSENT: x Balmer x Erdahl x Lynch x _ Neuhauser _x Perret x Roberts x Vevera Passed and approved this 26th day of August , 1980. ATTEST: 2L. ,a CITY CLERK Remived % Arwoved By TFy Lpgal D r. rrtment -7' vRi/— 7 �— O 9a7 RESOLUTION NO. 80-374 RESOLUTION DIRECTING THE PLACEMENT OF AN ISLAND IN THE WEST END OF THE 200 BLOCK OF HARRISON STREET UPON WHICH A DRIVER SIDE CONVENIENCE MAILBOX CAN BE INSTALLED. WHEREAS, the City Council deems it in the public interest to construct an island in the west end of the 200 block of Harrison Street upon which a driver's side convenience mailbox can be installed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA: That the Director of Public Works is authorized to direct the construction of the island at the above-named location. It was moved by Neuhauser and seconded by Roberts 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 26th day of August 1980. 7 c� YOR ATTEST: Lx TY CLERK RewhMd a Apprwed 9�. Q i /6�/ RESOLUTION NO. 80-375 RESOLUTION RESCINDING ESTABLISHED JUST COMPENSATION FOR THE ACQUISITION OF PARCEL NO. 14 IN THE LOWER RALSTON CREEK NEIGHBORHOOD REVITALIZATION PROJECT, AND REESTABLISHING JUST COMPENSATION FOR PARCEL NO. 14. WHEREAS, the City Council of the City of Iowa City did approve Resolution No. 79-242 authorizing application for federal funds under the Community Development Block Grant/Small Cities Program for improvements in the Lower Ralston Creek Neighborhood; and WHEREAS, the Department of Housing and Urban Development has formally approved said application; and WHEREAS, the City Council did approve Resolution No. 79-489 authorizing the acquisition of real property required for said project; and WHEREAS, the City Council of the City of Iowa City did approve Resolution No. 80-350, establishing just compensation for the acquisition of real property for Phase II of the Lower Ralston Creek Neighborhood Revitaliza- tion Project (Parcels 9, 11, 14 and 15); and WHEREAS, the legal description for Parcel No. 14 was in error and should therefore be correctly set forth. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA: 1. That the following section of Resolution 80-350, establishing just compensation for Parcel No. 14 be rescinded: "$3,350 for Parcel No. 14, legally described as: "That part of Lots 3, 4 and the South 20 feet of Lot 2 lying West of Ralston Creek all in Block 20, County Seat Addition to Iowa City, Johnson County, Iowa." and "Commencing at the Northeast corner of Block 20, in that part of Iowa City, Iowa, known as the County Seat of Johnson County, Iowa, according to the recorded plat thereof; thence North 80°37'54" West, 44.20 feet along the North line of said Block 20, to a point which is South 89037'54" East, 140.00 feet from the Northwest corner of said Block 20; thence South 00°09'24" West, 70.00 feet on a line parallel with the West line of said Block 20 to the Point -of -Beginning; thence North 89°37'54" West, 60.00 feet; thence South 00°09'24" West, 70.00 feet; thence South 89°37'54" East, 17.90 feet; thence North 28°47'26" East, 57.52 feet; thence South 00043'00" East, 132.00 feet; thence South 89°45'26" East, 60 feet on a line parallel with the South line of said Block 20, which is an 919 Resolution h 30-375 Page 2 assumed bearing for the purpose of this description; to a point on the East line of said Block 20, North 00°43'00" West, 100.00 feet from the Southeast corner thereof; thence North 00043'00" West, 175.62 feet; along said East line, to a point on the centerline of Ralston Creek, said point being South 00°43'00" East, 45.50 feet, from the Northeast corner of said Block 20; thence South 55°40'06" West, 54.47 feet; along said centerline; thence North 00°09'24" East, 6.50 feet to the Point -of -Beginning. All in accordance with the deed, recorded in Book 406, p. 424 of the Johnson County Recorder's Office." 2. That the following amount is hereby established to be just compensa- tion for the purpose of acquisition of the following real property: $3,350 for Parcel No. 14, legally described as: "That part of lots 3, 4, and the South 20 feet of Lot 2 lying West of Ralston Creek all in Block 20, County Seat Addition to Iowa City, Johnson County, Iowa." and "Commencing at the Northeast corner of Block 20, in that part of Iowa City, Iowa, known as the County Seat of Johnson County, Iowa, according to the recorded plat thereof; thence North 89°37'54" West, 44.20 feet along the North line of said Block 20, to a point which is South 89°37'54" East, 140.00 feet from the Northwest corner of said Block 20; thence South 00°09'24" West, 70.00 feet on a line parallel with the West line of said Block 20 to the Point -of -Beginning; thence North 89°37'54" West, 60.00 feet; thence South 00°09'24" West, 51.73 feet; thence North 53°16'50" East, along the centerline of Ralston Creek to a point which is South 00°09'24" West, 6.50 feet from the Point -of -Beginning; thence North 00°09'24" East, 6.50 feet to the Point -of -Beginning." 3. That all other sections of Resolution No. 80-350 pertaining to just compensation and acquisition remain in full force and effect as to Parcel No. 14. Re+eived i Ap'reved BY The Level 10ePe ent q3o Resolution 1 80-375 Page 3 It was moved by Roberts and seconded by Neuhauser the Resolution 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 26th day of August , 1980. ATTEST: CITY CLERK d? 3/ RESOLUTION NO. 80-376 A RESOLUTION AUTHORIZING FILING A FIFTH YEAR AND CUMULATIVE GRANTEE PERFORMANCE REPORT FOR THE HOLD HARMLESS ENTITLEMENT COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM, AND DIRECTING THE DIRECTOR OF PLANNING AND PROGRAM DEVELOPMENT TO CONTINUE THE SUBMISSION PROCESS BY COMPLETING THE A-95 REVIEW AND SUBMITTING THE REPORT TO THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That filing of the fifth year cumulative GPR be authorized on the 25th day of August, 1980 at 7:30 P.M. in the Council Chambers. It was moved by Neuhauser and seconded by ERdahl the Resolution 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 26th day Of August�1980. YOR ATTEST: CITY CLERK Received $ Approved By The legal Mspa:trnent �ey Z / Ifa zdv RESOLUTION NO. 80-377 RESOLUTION AUTHORIZING FILING OF A COMMUNITY DEVELOPMENT BLOCK GRANT/METRO ENTITLEMENT APPLICATION IN THE AMOUNT OF $770,000 UNDER THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974, AS AMENDED, INCLUDING ALL UNDERSTANDINGS AND ASSURANCES CONTAINED THEREIN AND DESIGNATING THE CITY MANAGER AS THE AUTHORIZED CHIEF EXECUTIVE OFFICER FOR THE GRANT WHEREAS, the City of Iowa City, Iowa, is an eligible unit of general local government authorized to file an application under the Housing and Community Development Act of 1974, as amended; and, WHEREAS, the City of Iowa City, Iowa, has prepared an application for federal assistance under the Community Development Block Grant/Small Cities Program for the Lower Ralston Creek Neighborhood Revitalization Project, totaling an amount of $2 million over a three year period; and, WHEREAS, the City of Iowa City, Iowa, has been declared a Standard Metropolitan Statistical Area eligible for Metro Entitlement funding of $770,000 to be used to continue the Lower Ralston Creek Neighborhood Revitalization Project; and, WHEREAS, the City of Iowa City, Iowa, has provided the residents of the community with opportunities to participate in the application's develop- ment; and WHEREAS, the City Council of Iowa City, Iowa, believes that the public interest will be served by filing said application with the United States government. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the City Manager of Iowa City be and is hereby directed to file with the United States Department of Housing and Urban Development an application for the Community Development Block Grant/Metro Entitlement Program under the Housing and Community Development Act of 1974, as amended; and, BE IT FURTHER RESOLVED that the City Manager is authorized and directed to provide the necessary understandings and assurances required by the Department of Housing and Urban Development in connection with said application, specifically assurances contained in HUD form 7088; and, BE IT FURTHER RESOLVED that the City Manager is designated as the chief executive officer and as the representative of the applicant to act in connection with the application and to provide such additional information as may be required. 933 Resolution No 1-377 Page 2 It was moved by Neuhauser and seconded by perret the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x Erdahl x Lynch x x Neuhauser x Perret x Roberts x Vevera Passed and approved this 26th day of August , 1980. r� YOR 7 ATTEST: C TY CLERK Received i Approved By The Legal De rtffnnt 939 f� -L/''%(., RESOLUTION NO. 80-3,,, A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST AMENDMENT ONE TO THE AGREEMENT WITH OUT OF DANGER, INC., DBA AID AND ALTERNATIVES FOR VICTIMS OF SPOUSE ABUSE, FOR THE USE OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS TO ACQUIRE, REHABILITATE, AND UTILIZE A SHELTER FOR VICTIMS OF SPOUSE ABUSE. WHEREAS, the City of Iowa City is the recipient of funds granted by the U.S. Department of Housing and Urban Development under Title I of the Housing and Community Development Act of 1974, as amended (Public Law 93- 383); and, WHEREAS, the City of Iowa City recognizes the need to provide a shelter for victims of spouse abuse in the Iowa City community; and, WHEREAS, the City Council did, by Resolution No. 79-557 dated December 11, 1979, authorize and enter into an agreement with Out of Danger, Inc., dba Aid and Alternatives for Victims of Spouse Abuse (AAVSA), to use Community Development Block Grant funds to acquire, rehabilitate, and utilize an emergency shelter for victims of spouse abuse; and, WHEREAS, an extension of time is needed to complete the rehabilitation of the shelter already acquired, NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: That the Mayor be authorized to sign and the City Clerk to attest Amendment One to the Agreement with AAVSA dated December 11, 1979 to allow an extension of three (3) months, until September 30, 1980, for AAVSA to begin full operation of the acquired spouse abuse shelter. It was moved by Neuhauser and seconded by Perret 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 26th day of August , 1980. i '� AYOR ATTEST: � CITY CLERK Received & • -, By Th. Legal Department u/ J 0125 AMENDMENT ONE AMENDMENT TO CONTRACT BETWEEN THE CITY OF IOWA CITY AND OUT OF DANGER, INC., DBA AID AND ALTERNATIVES FOR VICTIMS OF SPOUSE ABUSE, FOR THE USE OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS TO ACQUIRE, REHABILITATE, AND UTILIZE A SHELTER FOR VICTIMS OF SPOUSE ABUSE This Agreement, entered into this '- - day of ;.,, , 1980, by and between the City of Iowa City, a municipal corporation, (herein referred to as the "City") and Out of Danger, Inc., dba Aid and Alternatives for Victims of Spouse Abuse, a non-profit entity (herein referred to as "AAVSA"), is an amendment to the contract for provision of a shelter for victims of spouse abuse. This agreement amends portions of the original contract executed December 11, 1979, as follows: PART I II. TIME OF PERFORMANCE: Program elements three through six are hereby amended to reflect the following schedule: Program Element Deadline 3. Contract for rehabilitation August 31, 1980 4. Complete rehabilitation September 30, 1980 5. Occupy structure/begin full September 30, 1980 shelter operation 6. Continue shelter operations October 1, 1980 through September 30, 1985 IV. TERMS AND CONDITIONS OF OWN Sections D and E are hereby amended to read as follows: D. AAVSA will not sell, assign, or transfer any legal or equitable interest in the property at any time prior to September 30, 1985 without the written concurrence of the City. E. In the event that AAVSA elects to sell or otherwise transfer legal or equitable interest in the property prior to September 30, 1985, AAVSA will pay to the City the full amount of $80,000. 9jto PART II I. PERFORMANCE AND REPORTING: Sections A, C, and D are hereby amended to read as follows: A. AAVSA will maintain an ongoing program of services for victims of spouse abuse at the property to be acquired under this agreement until September 30, 1985, in a manner satisfactory to the City. C. AAVSA will submit quarterly reports to the Program Coordinator's office by the tenth day of January, April, July, and October of each contract year. In addition, an annual report will be submitted by January 15 of each contract year. No reporting requirements shall extend beyond September 30, 1985. Such reports will include, at a minimum, statistics pertaining to the numbers and places of residence of persons housed in or utilizing the services of the shelter. D. Not later than October 15, 1980, AAVSA will provide the City with a certified statement of the expenditure of funds disbursed under this agreement. IN WITNESS WHEREOF, the parties hereto have executed this agreement on this 2c day of c„., 1980. CITY OF IOWA CITY, IOWA ATTEST: OUT OF DANGER, INC., dba AID AND ALTERNATIVES FOR VICTIMS OF SPOUSE ABUSE 7 / Mayor City Clerk WITNESS: Received BY The Legal V De 2 997 dank y~ 9fO5� Council Member Neuhauser introduced the following Resolution entitled "RESOLUTION AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF $2,570,000 GENERAL OBLIGATION BONDS AND LEVYING A TAX TO PAY SAID BONDS" and moved that it be adopted. Council Member Lynch seconded the motion to adopt, and the roll being called thereon, the vote was as follows: AYES: Roberts, Vevera, Balmer, Erdahl, Lynch, Neuhauser, Perret NAYS: None Whereupon, the Mayor declared said Resolution duly adopted as follows: 80-379 RESOLUTION AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF $2,570,000 GENERAL OBLIGATION BONDS AND LEVYING A TAX TO PAY SAID BONDS WHEREAS, the City of Iowa City, in the County of Johnson, State of Iowa, sometimes hereinafter referred to as the "City" or "Municipality", was duly incorporated, organized and exists under and by virtue of the laws and Constitution of the State of Iowa; and WHEREAS, the City has designated the City Treasurer to act as the financial officer of said City with respect to the registration and payment of its bonds and interest thereon; and WHEREAS, said City is in need of funds to pay costs of the construction of street improvements, sanitary sewers and wastewater treatment facilities including the River Corridor Trunk Sewer, Wastewater Treatment Facility, Sanitary Sewer Evaluation Study, Scott Boulevard - Phase I and South Gilbert Street Projects, an essential corporate purpose, and it is deemed necessary and advisable that general obligation bonds in the amount of $2,570,000 be issued for said purpose; and WHEREAS, pursuant to notice published as required by Section 384.25 of said Code, this Council has held a public meeting and hearing upon the proposal to institute proceedings for the issuance of said bonds, and the Council is therefore now authorized to proceed with the issuance of said bonds; and -2- AMLERS. COONEY. DORWEILER. HAYNIE & SMITH. LAWYERS. DES MOINES. IOWA WHEREAS, pursuant to the provisions of Chapter 75 of the Code of Iowa, the above mentioned bonds were heretofore sold at public sale and action should now be taken to issue said bonds conforming to the terms and conditions of the best bid received at the advertised public sale: NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: Section 1. That for the purpose of providing funds to pay the principal and interest of the bonds hereinafter authorized to be issued, there is hereby levied for each future year the following direct annual tax on all of the taxable property in Iowa City, Iowa, to -wit: FISCAL YEAR (JULY 1 TO JUNE 30) AMOUNT YEAR OF COLLECTION: $291,637.50 1981/1982 $336,650.00 1982/1983 $355,600.00 1983/1984 $342,400.00 1984/1985 $329,200.00 1985/1986 $316,600.00 1986/1987 $304,000.00 1987/1988 $291,400.00 1988/1989 $478,800.00 1989/1990 $452,800.00 1990/1991 $426,400.00 1991/1992 (NOTE: For example the levy to be made and certified against the taxable valuations of January 1, 1980, will be collected during the fiscal year commencing July 1, 1981). Section 2. Said tax shall be collected each year at the same time and in the same manner as, and in addition to, all other taxes in and for said Municipality, and when collected they shall be converted into a special fund within the Debt Service Fund to be known as the "GENERAL OBLIGATION BOND FUND 1980 #1", which is hereby pledged for and shall be used only for the payment of the principal and interest of the bonds hereinafter authorized to be issued; and also there shall be apportioned to said fund its proportion of taxes received by the City from railway, express, telephone and telegraph com- panies and other taxes assessed by the Iowa State Department of Revenue. -3- AHLERS. COONEY. DORWEILER. HAYNIE & SMITH. LAWYERS, DES MOINES. IOWA X39 Section 3. All moneys held in the Bond Fund, provided for by Section 2 of this Resolution shall be invested in direct obligations of the United States Government or deposited in banks which are members of the Federal Deposit Insurance Corporation and the deposits in which are insured thereby and all such deposits exceeding the maximum amount insured from time to time by FDIC or its equivalent successor in any one bank shall be continuously secured by a valid pledge of direct obligations of the United States Government having an equiva- lent market value. .All such interim investments shall mature before the date on which the moneys are required for payment of principal of or interest on the Bonds as herein provided. Section 4. That General Obligation Bonds of said City in the amount of $2,570,000 be issued pursuant to the provisions of Section 384.25 of the City Code of Iowa for the aforesaid purpose; that said bonds be designated "GENERAL OBLIGATION BOND", that they be 514 in number, dated September 1, 1980, and shall bear interest from the date thereof, until payment thereof, payable June 1, 1981 and semiannually thereafter on the 1st day of December and June in each year until maturity at the rates hereinafter provided. Said bonds shall be signed by the Mayor and attested by the Clerk, and the seal of said City affixed, and certificate of registration endorsed thereon; that interest on said bonds be evidenced by coupons thereto attached and maturing on the several days when such interest matures; such interest coupons may be executed with the original or facsimile signature of the Clerk; that principal and interest be payable at the office of the Treasurer in said City; that said bonds be num- bered from 1 to 514, both numbers inclusive, and be in the denomination of $5,000 each. Said bonds shall mature and bear interest as follows: Bond Interest Principal Maturity Numbers Rate Amount June 1st 1 - 34 6.50% $170,000 1983 35 - 74 6.60% $200,000 1984 75 - 114 6.60% $200,000 1985 115 - 154 6.30% $200,000 1986 155 - 194 6.30% $200,000 1987 195 - 234 6.30% $200,000 1988 235 - 274 6.30% $200,000 1989 275 - 354 6.50% $400,000 1990 355 - 434 6.60% $400,000 1991 435 - 514 6.60% $400,000 1992 -4- AHLERS. GOONEY. DORWEILER. HAYNIE & SMITH. LAWYERS. DES MOINES. IOWA Section 5. That upon presentation at the office of the City Treasurer of any of said bonds, same may be registered as to principal in the name of the owner, on the books in the office of said official, such registration to be noted on the reverse side of the bonds by said official, and thereafter the principal of such registered bonds shall be payable only to the registered holder, his legal representatives or assigns. Such registered bonds shall be transferable to another registered holder, or back to bearer, only upon presentation to said official with a legal assignment duly acknowledged or proved. Registration of any such bonds shall not affect the negotiability of the coupons thereto attached, but such coupons shall be transferable by delivery merely. Section 6. That said bonds and the coupons annexed thereto, shall be in form substantially as follows: (FORM OF BOND) UNITED STATES OF AMERICA STATE OF IOWA COUNTY OF JOHNSON CITY OF IOWA CITY GENERAL OBLIGATION BOND ESSENTIAL CORPORATE PURPOSE No. $5,000 The City of Iowa City, Iowa, herein referred to as the "City", for value received, promises to pay to bearer FIVE THOUSAND DOLLARS, lawful money of the United States of America, on the 1st day of June, 19 , with interest on said sum from the date hereof until paid at the rate of % per annum, payable on June 1, 1981, and semiannually thereafter on the 1st day of December and June in each year, on presentation and surrender of the interest coupons hereto attached, both principal and interest payable at the office of the Treasurer of Iowa City, Iowa. This bond is issued by the City of Iowa City, Iowa, pur- suant to the provisions of Section 384.25 of the City Code of Iowa, for the purpose of paying costs of the construction of -5- A HLERS. 5-AHLERS. GOONEY. DORWEILER, HAYNIE & SMITH. LAWYERS, DES MOINES. IOWA %f/ street improvements, sanitary sewers and wastewater treatment facilities including the River Corridor Trunk Sewer, Wastewater Treatment Facility, Sanitary Sewer Evaluation Study, Scott Boulevard - Phase I and South Gilbert Street Projects, an essential corporate purpose in conformity to a Resolution of the Council of said City duly passed and approved. This bond is fully negotiable but may be registered as to principal only in the name of the holder on the books of said City in the office of the Treasurer, such registration to be endorsed by notation on the back hereof by said official, after which no transfer shall be valid unless made on said books and similarly noted hereon, but it may be discharged from said registration by being transferred to bearer, after which it shall be transferable by delivery but it may again be registered as before. The registration of this bond as to principal shall not restrain the negotiability of the coupons by delivery merely. And it is hereby represented and certified that all acts, conditions and things requisite, according to the laws and constitution of the State of Iowa, to exist, to be had, to be done, or to be performed precedent to the lawful issue of this bond, have been existent, had, done and performed as required by law; that provision has been made for the levy of a suf- ficient continuing annual tax on all the taxable property within said City for the payment of the principal and interest of this bond as the same will respectively become due; that the faith, credit, revenues and resources and all the real and personal property of said City are irrevocably pledged for the prompt payment hereof, both principal and interest; and the total indebtedness of said City including this bond, does not exceed the constitutional or statutory limitations. IN TESTIMONY WHEREOF, said City by its Council, has caused this bond to be signed by its Mayor and attested by its Clerk, with the seal of said City affixed, and the coupons hereto attached to be executed with the facsimile signature of said Clerk, which official, by the execution of this bond, does adopt said facsimile signature appearing on said coupons, all as of this date of September 1, 1980. ATTEST: -6- AHLERS. GOONEY. DORWEILER. HAYNIE&SMITH. LAWYERS. DES MOINES. IOWA gyz (FORM OF COUPON) The Treasurer of the City bearer $ on the 19 , at his office in the months' interest on dated September 1, 1980, No. of Iowa City, Iowa, will pay to 1st day of , City of Iowa City, Iowa, for its General Obligation Bond, City Clerk And on the back of each bond there shall be endorsed a certificate of the City Treasurer in the following form: (FORM OF CITY TREASURER'S CERTIFICATE) This bond has been duly and properly registered in my office as of this date of September 1, 1980. City Treasurer of Iowa City, Iowa There shall also be printed on the back of the bonds the following form of registration: REGISTRATION OF OWNERSHIP Date of Signature of Registration In Whose Name Registered City Treasurer Section 7. That principal and interest coming due at any- time when the proceeds of said tax on hand shall be insuf- ficient to pay the same shall be promptly paid when due from current funds of said City available for that purpose and reimbursement shall be made from such special fund in the amounts thus advanced. -7- AHLERS. COONEY. DORWEILER. HAYNIE & SMITH. LAWYERS, DEs MOINES. IOWA 9? Section 8. That this Resolution constitutes a contract between said City and the purchaser of the bonds; that when said bonds have been executed as aforesaid, they shall be delivered to the Treasurer of said City, who shall register the same in a book provided for that purpose and shall thereupon deliver said bonds to the purchaser thereof, as directed by the Council. Section 9. That a certified copy of this Resolution be filed with the County Auditor of Johnson County, Iowa, and that said Auditor be and is hereby instructed in and for each of the years as provided, to levy and assess the tax hereby authorized in Section 1 of this Resolution, in like manner as other taxes are levied and assessed, and that such taxes so levied in and for each of the years aforesaid be collected in like manner as other taxes of said Municipality are collected, and when collected be used for the purpose of paying principal and interest on said bonds issued in anticipation of said tax, and for no other purpose whatsoever. Section 10. That there be printed on the back of each bond herein authorized to be issued, a copy of the legal opi- nion of Ahlers, Cooney, Dorweiler, Haynie & Smith, Attorneys, of Des Moines, Iowa, under the certificate of the City Clerk certifying the same as being a true copy thereof, said cer- tificate to bear the facsimile signature of said Clerk. Section 11. The.City, as issuer, covenants that it will proceed with due diligence to expend the proceeds of the bonds for the purpose of issuance as recited herein and that no use will be made of the proceeds from the issuance and sale of the bonds issued hereunder which will cause any of the bonds to be classified as arbitrage bonds within the meaning of Section 103(c)(2) of the Internal Revenue Code of the United States and that throughout the term of said bonds it will comply with the requirements of said statute and regulations issued thereunder. Pursuant to said statute and regulations, it is hereby certified that the issuer reasonably expects that: (a) The issuer has incurred substantial binding obliga- tions to commence or acquire the project to be financed hereby. (b) The original proceeds of the bonds issued hereunder will not exceed the costs of said project by more than five percent. AHLERS. GOONEY, DoRWEILER. HAYNIE & SMITH. LAWYERS, DES MOINES, IOWA fV Pr (c) At least 850 of the spendable proceeds of the bonds, including investment proceeds, will be expended to pay the cost of the project within three years following the date of the bonds. (d) Work on the project has been commenced and is expected to proceed with due diligence to completion. (e) The project has not been and is not expected to be sold or otherwise disposed of in whole or in part prior to the maturity of the bonds. (f) Accrued interest received upon the sale of the bonds will be applied to the first interest due thereon. (g) Any temporary notes issued in anticipation of the bonds will be retired coincidently with the date of issue of the bonds and at all events within three months thereof. To the best knowledge and belief of the issuer, there are no facts or circumstances that would materially change the foregoing statements or the conclusion that it is not expected that the proceeds of the bonds will be used in a manner that would cause the bonds to be arbitrage bonds. The Treasurer is hereby directed to deliver a certificate at issuance of the bonds to certify as to the reasonable expectation of the issuer at that date. Section 12. If any section, paragraph, clause or provi- sion of this Resolution be held invalid, such invalidity shall not affect any of the remaining provisions hereof, and this Resolution shall become effective immediately upon its passage and approval. Section 13. That all ordinances and resolutions and parts of ordinances and resolutions in conflict herewith are hereby repealed. PASSED AND APPROVED this 26th day of August 1980. -layor ATT �) Clerk -9- AHLERS. COONEY, DORWEILER. HAYNIE&SMITH. LAWYERS. DES MOINES. IOWA gas COMPLF_TE a, I.t i Ill' MR. Hill YWE CIG -10 1-79 I, being first duly sworn, do hereby depose and certify flat I am the duly appointed, qualified and acting Clerk of the City of IowaCity Iowa, and that as such Clerk I have in my possession or have access to the complete corporate records of said City and of its Council and officials, and that I have carefully compared the transcript hereto attached -with the aforesaid corporate records and that said transcript hereto attached is a true and complete copy of all the corporate records in relation to the authorization, issuance and disposition of $ 2,570,000 General Obligation Bonds of said City dated September 1 , 1980 and that said transcript hereto attached contains a true and complete statement of all the measures adopted and proceedings, acts -and things had, done and performed up to the present time, in relation to the authorization, issuance and disposition of said bonds, and that said Council consists of a Mayor and six Council Members, and that said offices were duly and lawfully filled by the individuals listed in the attached transcript as of the dates and times referred to therein. I further certify that said City is and throughout the period of said proceedings has been governed under the City Charter form of municipal government authorized by Chapter 372, City Code of Iowa, under the provisions of its charter as recorded with the Secretary of State. I further certify that all meetings of the City Council of said City at which action was taken in connection with said bonds were open to the public at all times in accordance with a notice of meeting and tentative agenda, a copy of which was timely served on each member of the Council and was duly given at least twenty-four hours prior to the commencement of the meeting by notification of the communications media having requested such notice and posted on a bulletin board or other prominent place designated for the purpose and easily accessible to the public at the principal office of the (Continued Over) AHLERS. LOONEY, DORWEILER. HAYNIE 6 SMITH. LAWYERS, DES MOINES. IOWA 9sf7 CIG -10 (cont'd) Council all pursuant to the provisions and in accordance with the conditions of the local rules of the Council and Chapter 28A, Code of Iowa. WITNESS my hand and the/ �eal of said City hereto attached this �� day of Towa City ( ll r� 1980 at Iowa. City Clerk, Iowa City Iowa (SEAL) STATE. OF IOWA ) SS COUNTY OF JOHNSON ) Subscribed and sworn to .efore me by L�✓r 2czC/ xi�/ on this day of u,� 1 80 / (SEAL) nULYy ru D11c in ana tor Johnson County, Iowa (See Reverse Side) AHLERS. COONEY. DORWEILER. HAYNIE b SMITH. LAWYERS. DES MOINES. IOWA 9�Kf MEN'S COPY CiGO-3-5-78 CITY CLERK'S CERTIFICATION TO COUNTY AUDITOR Pursuant to the provisions of Section 76.2 of the Code of Iowa, I do hereby certify that attached hereto is a true and correct copy of the Resolution authorizing the issuance of $ 2,570,000'General Obligation Bonds and levying a tax therefor adopted by the Council of the City of Iowa City , Iowa, on the date thereof, the Eof which is on file in the records of the under- signed. Dated this C�:?,9 fj , day o (CITY SEAL) f aGI , 19 80 C er c or the City o Iowa City. , Iowa D E T A C H A N D COMPLF_ TE h 1lc r IJ.?N TO MR. HAYNIE COUNTY AUDITOR'S CERTIFICATE I, -7-o, ti, c )/oe x/9 7 ' , County Auditor of Johnsonounty,�'_;owa, hereby certify that on the 2 9 day of a r 19,?o , there was filed in my office office the Resolution of the City Council of Iowa City , Iowa, adopted on the &(olk day of 1ST 19 80 , said Resolution levying a tax for t e purpos of paying principal and interest on $ 2,570,000 of General Obli ation Bonds, dated September , 19�, and authorizing the issuance of said bonds, all duly certified upon the form attached above. County Auditor of Johnson County, Iowa (COUNTY SEAL) AHLERS. COONEY. DORWEILER. HAYNIE b SMITH. LAWYERS. DES MOINES. IOWA Zqe- RESOLUTION NO. 80-380 RESOLUTION DECLARING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRES ISSUANCE OF CERTAIN TAXI -CAB CERTIFICATES. WHEREAS, pursuant to Ordinance No. 2844, a Certificate of Public Convenience and Necessity is required prior to the operation of any taxi- cab upon the streets of Iowa City, Iowa, and, WHEREAS, Hawkeye Cab Company has made application for such Certificate, and, WHEREAS, a public 'hearing was held on the 12thday of August 1980 , on the application, and, WHEREAS, council deems that the public convenience and necessity requires the issuance of such Certificate(s) to Hawkeye Cab Company for the operation of 2 additional taxi -cabs. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the City Clerk is authorized to issue a Certificate of Public Convenience and Necessity to Hawkeye Cab Company for 2 additional taxi -cabs, pending applicant s compliance with all provisions of Ordinance No. 77-2844, as amended. 2. The Mayor is authorized to sign, and the City Clerk to attest, this Resolution. Received & Approved By T e Legal Dep rtment 9S� -2 - It was moved by Vevera and seconded by Roberts that theResolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x rdahl x l y,nch x Neuhauser x Perret x Roberts x Vevera Passed and approved this 26th day of August 117 80 ATTEST: —(2 CITY LERK 1757 RESOLUTION NO. 80-381 RESOLUTION ACCEPTING THE WORK COMPLETING THE GOVERNOR ROBERT LUCAS SQUARE AND FOUNTAIN PROJECT. WHEREAS, the Engineering Department has recommended that the improvement covering the Governor Robert Lucas Square and Fountain Project as included in a contract between the City of Iowa City and McComas-Lacina Construction Co., Inc. of Iowa City dated September 19, 1978, be accepted, and WHEREAS, the Council finds the improvement is in place and does comply with the requirements for such improvements, NOW THEREFORE, BE IT RESOLVED by the City Council of Iowa City, Iowa, that said improvements be hereby accepted by the City of Iowa City, Iowa. It was moved by Neuhauser and seconded by Erdahl that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x BALMER x ERDAHL Abstain LYNCH x NEUHAUSER x PERRET x ROBERTS x VEVERA Passed and approved this 26th day of August , 19 80 . ATTEST: Received i Approved By The Lepel Do"drnenl 9S.z, xl�_' , 1 6 1 /� RESOLUTION NO. 80-382 RESOLUTION RECLASSIFYING TWO PERMANENT FULL-TIME POSITIONS IN THE HUMAN RELATIONS DEPARTMENT. WHEREAS, Resolution 80-91 adopted by the City Council on March 11, 1980, establishing an operating budget for fiscal year 1981 authorizes all permanent positions, and WHEREAS, the reorganization of positions in the Human Relations Department has eliminated the position of Personnel Analyst in range 14 of the administrative pay plan, and, WHEREAS, an increase in duties and responsibilities will result for the two authorized positions which currently remain and report directly to the Human Relations Director as a result of assuming certain responsibilities previously those of the Personnel Analyst, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA: That the authorization of personnel in the Human Relations Department be amended as follows: 1. The removal of two full-time Secretary II positions in range 6 of the confidential pay plan. 2. The addition of two full-time Personnel Assistant positions in range 9 of the confidential pay plan. It was moved by Perret and seconded by Erdahl that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x Erdahl x Lynch x Neuhauser x Perret x Roberts x Vevera Passed and approved this 26tWay of August 1980. {� YO R ATTEST: CITY CLERK {tKeFv�d i ApphVW ` '3S3 City of Iowa CI _ MEMORANDUM Date: August 22, 1980 To: Honorable Mayor and City Council From: Dale Helling, Acting Human Relations Director Re: Reclassification of Secretary II Positions In previous Council discussions, when reorganization of the Human Relations Department was approved, the City Council included the reclassification of the Secretary II positions. New position descriptions have been prepared with the title of Personnel Assistant. These two positions combine many of the responsibilities of the former Personnel Analyst and Personnel Secretary. Additional duties will result when full compliance with Chapter 400 (Civil Service) mandates standard testing, interviewing, etc. This reclassification is necessary in view of the fact that much of the daily personnel activity is being assumed by the Assistants and additional increase in responsibilities is anticipated. bdw4/2 >rsX /&� /1d -P/ RESOLUTION NO. 80-383 RESOLUTION ESTABLISHING BUILDING PERMIT FEES FOR THE UNIFORM BUILDING CODE OF THE CITY OF IOWA CITY. WHEREAS, the City of Iowa City issues building permits for construction, and, WHEREAS, the payment of a building permit fee is necessary to offset the administrative cost of such permits, and WHEREAS, it is in the public interest to exempt other governmental agencies from the payment of these fees, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY. that: The fees for building permits shall be as follows: BUILDING PERMIT FEES TOTAL VALUATION $1.00 to $500.00 $501.00 to $2,000.00 $2,001.00 to $25,000.00 $25,001.00 to $50,000.00 $50,001.00 to $100,000.00 $100,001.00 to $500,000.00 $500,001.00 and up OTHER INSPECTIONS AND FEES FEE $5.50 $5.50 for the first $500.00 plus $1.00 for each additional $100.00 or fraction thereof, to and including $2,000.00. $20.50 for the first $2,000.00 plus $4.25 for each additional $1,000.00 or fraction thereof, to and including $25,000.00. $118.25 for the first $25,000.00 plus $3.25 for each additional $1,000.00 or fraction thereof, to and including $50,000.00. $199.50 for the first $50,000 plus $2.15 for each additional $1,000.00 or fraction thereof, to and including $100,000.00. $307.00 for the first $100,000.00 plus $1.60 for each additional $1,000.00 or fraction thereof, to and including $500,000.00. $907.00 for the first $500,000.00 plus $2.00 for each additional $1,000.00 or fraction thereof. 1. Inspections outside of normal business hours (minimum charge - two hours) 2. Reinspection fee $15.00 per hour $10.00 each 7� z 3. Inspections for which no fee is specifically $15.00 per hour indicated (minimum charge - one-half hour) 4. Additional plan review required by changes, $15.00 per hour additions or revisions to approved plans (minimum charge - one-half hour) Governmental agencies are exempt from the building permit fees required herein; however, the agencies will be required to pay the plan check fee and all other costs incurred in the issuance of the permit. It was moved by Neuhauser and seconded by Erdahl 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 26th day of August 1980. AYOR ATTEST: CITY CLERK Uecai.iod & ApproV°d rv. Legal Deparh'ne:� d that the IESOLUTION NO. 80-384 RESOLUTION APPROVING CLASS "B" BEER PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class "B" Beer Permit Application is hereby approved for the following named person or persons at the following described location: Ken's Pizza Parlors, Inc. dba Ken's Pizza, 1950 Lower Muscatine 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 be endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by Roberts and seconded by Neuhauser that the Resolution ass reaT-Fe adopted, and upon rollca there were: AYES: NAYS: ABSENT: Balmer x Aynch x Erdahl x Neuhauser x Perret x Roberts x Vevera x Passed and approved this 9th day of September , 1980 Attest:C/ City Clerk N qS 7 /t4l� RESOLUTION NO. 80-385 RESOLUTION OF APPROVAL OF CLASS B SUNDAY PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class B Sunday Permit application is hereby approved for the following named person or persons at the following described location: Ken's Pizza Parlors, Inc. dba Ken's Pizza, 1950 Lower Muscatine Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance of state law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, bond, and all other information or docu- ments required to the Iowa Beer and Liquor Control Department. It was moved by Roberts and seconded by Neuhauser that the Resolution as read be adopted, and upon roll calt there were: AYES: Balmer x Lynch x Erdahl _ Neuhauser x Perret Roberts x Vevera x NAYS: ABSENT: x x Passed and approved this 9th day of September , 19 80 p yor Z Attest: City Clerk am RESOLUTION NO. 80-386 RESOLUTION TO ISSUE CIGARETTE PERMITS WHEREAS, the following firms and persons have made appli- cation and paid the mulct tax required by law for the sale of cigarettes and cigarette papers; therefore, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the applications be granted and the City Clerk be and he/she is hereby directed to issue a permit to the following named persons and firms to sell cigarette papers and cigarettes: The Art Gallery, 1200 Gilbert Court It was moved by Roberts and seconded by Neuhauser that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Balmer x Lynch x Erdahl x Neuhauser x Perret x Roberts x Vevera x Passed and approved this 9th day of September , 19 80 . ayor Attest: 4—Li ity Clerk 9s9 RESOLUTION NO. 80-387 RESOLUTION APPROVING CLASS"C" Beer -Wine APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class"C" Beer -Wine Application is hereby approved for the following named person or persons at the following described location: Bushnell's Turtle, Inc. dba Bushnell's Turtle, 127 College St. Said approval shall be subject to any conditions or re- strictions hereafter imposed by ordinance or State law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by Roberts and seconded by Neuhauser that the Resolution as reaT_U_e adopted, and upon roIr call there were: AYES: NAYS: ABSENT: Balmer x Erdahl x Lynch x Neuhauser x Perret x Roberts x Vevera x Passed and approved this 9th day of September , 19 80 91044 RESOLUTION NO. 80-388 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CLERK TO ATTEST A QUIT CLAIM DEED CONVEYING VACATED COLLEGE STREET BLOCK TO THE STATE OF IOWA WHEREAS, it is in the public interest of the City of Iowa City to convey the vacated block of College Street between Capitol and Madison Streets to the State of Iowa, in furtherance of site improvements for the University of Iowa's Lindquist Center, in consideration for permanent sewer and water main easements granted to the City; and WHEREAS, said vacated College Street is more particularly described as follows: College Street beginning at the NE corner of Block 92, O.T., said point being on the west R.O.W. line of Capitol Street, thence North along the west R.O.W. of Capitol Street to the SE Corner of Block 91, O.T., thence west along the South line of Block 91, O.T., to the SW Corner of Block 91, O.T., said point being on the east R.O.W. of Madison Street, thence South along the east R.O.W. line of Madison Street to the NW Corner of Block 92, O.T., thence east along the north line of Block 92, O.T., to the NE Corner of Block 92, O.T. , said point of beginning. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF IOWA CITY, IOWA, that the Mayor is hereby authorized to execute and the Clerk to attest the quit claim deed conveying the vacated block of College Street between Capitol and Madison Streets to the State of Iowa, Executive Council of Iowa. It was moved by Neuhauser and seconded by Vevera the Resolution 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 9th day of Sept.-, 1980. � - IAYOR ATTEST:. �!J CITY CLERK 9ro/ b AR ASSOCIATION ,D. 4 rrrs "i. tb . Iw QUIT CLAIM DEED FOR THE LEGAL EFFECT OF THE USE OF THIS FORM. CONSULT YOUR LAWYER All Splen by Tbat Preantz: That City City a Midneipal in consideration# of the sum of te ss VJXTik .ss ather Valuableat.—ss .- .. :Aand paid do hereby Quit Claim unto Statp of Tnwa rantees' Address: our right, title, interest, estate, claim and demand in the following described real estate situated in ,Johnson County, Iowa, to -wit: College Street beginning at the NE corner of Block 92, O.T., said point being on the west R.O.W. line of Capitol Street,thence North along the west R.O.W. of Capitol Street to the SE Corner of Block 91, O.T., thence west along the South line of Block 91, O.T. to the SW Corner of Block 91, O.T., said point being on the East R.O.W. of Madison Street, thence South along the east R.O.W. line of Madison Street to the NW Corner of Block 92, O.T., thence east along the North line of Block 92, O.T., to the NE Corner of Block 92, O.T., said point of beginning. Each of the undersigned hereby relinquishes all rights of dower, homestead and distributive share in and to the above described premises. Words and phrases herein, including acknowledgment hereof, shall be construed as in the singular or plural number, and as masculine feminine or neuter gender, according to the c Signed this cont of 19� • Xan I.W. mn.ror Tu: s.. Qnp,nr ..aw ffxemptterrom transfer tax pursuant to S 428A 2(6) OF IOWA ICIPAL CORPORATION STATE OF IOWA. COON OF ss. Sohn Balmer 4a or On thisday o , A. D. 19-6 i before me, the undersigned, a of ry Public i and for the State of Iowa. personally ap eare`� r�rrL Attest: Abbie Stolfus, City Clerk CIA St /IO IOWd Cit,�Gr=�cd' Address) to msAnon to be the identical persons named in and who executed the 'foregoing instrument. and acknowledged that they executed the same as their voluntary act and deed. i /}} Notary Public in and for the State of Iowa Fro) the above named Grantors to the above named Grantees: STATE OF IOWA COUNTY OF FEE, $ Paid WHEN RECORDED RETURN TO Filed for record this day of ss at on page o'clock —M., and recorded in Book (Name) (Address) _, A. D. 19—. of , Deputy Recorder 4. QUITCLAIM DEED Mr ea . RECEIVED AUG 2 1 1990 ©/ LEGAL DEPARTMENT. 1 PERMAIIENT WATER MAIN EASEMENT KNOW ALL MEN BY THESE PRESENTS: FLED n. -F , J.L 6001(D `I (d.. 19 VU, 2C r 1 JOHP;SOId cc.. i:: That the State of Iowa, holding title to the real estate located in Johnson County, Iowa, for the use and benefit of The State University of Iowa under the jurisdiction of the Board of Regents, specifically described in Exhibit A attached hereto and made a part hereof, for a good and valuable consideration hereby grants unto the City of Iowa City, Iowa the following easement, subject to these terms, covenants and conditions, to -wit: 1. Location: The easement granted herein shall be located upon and limited to tract specifically described in Exhibit A attached hereto. 2. Use: Said premises shall be used by the Grantee for the purposes of excavating for and the installation, replacement, maintenance and use of such water lines, pipes, mains, and conduits as Grantee shall from time to time elect for conveying water with all necessary appliances and fittings for use in connection with said pipe lines, together with adequate protection therefore, and also a right-of-way, with the right of ingress and egress thereto, including all the area described on Exhibit "A" attached to this easement and by this reference made a part hereof, and for no other purpose. 3. Excavations: All ditches, trenches and other excavations shall be firmly filled and maintained in such manner as to present no hazard or obstacles to Grantor's use of the premises for other purposes. 4. Utilities Crossing: All crossings of existing sewers, water lines, heating tunnels or other existing facilities shall be according to specifications and details of the engineer or other official of the University in charge of such installations, and the University shall have the right to construct any such facilities across or through the easement tract in such manner as not to interfere with Grantee's facilities installed hereunder. 5. Liability: Grantee covenants to be responsible for any loss or damage which shall be caused by the exercise of said ingress and egress, construction, maintenance and use of the premises by the Grantee or its employees and agents under the rights herein granted, or by any wrong- ful or negligent act, or omission of the Grantee or of its agents or employees in the course of their employment with respect to the sub- ject matter of this agreement. 6. Rights Reserved: The Grantor reserves to itself and to the State University of Iowa the right to the full use of said premises for any purpose it sees fit which does not interfere with Grantee's rights herein granted. In the event a relocation of the said facilities and easements becomes necessary because of the development of the area by the State University of Iowa, the Grantor agrees to be responsible for all costs of relocating said facilities to a mutually agreeable location. 7. Consideration Agreement: It is agreed and understood that the consi- deration for the grant is the fact that the City of Iowa City has vacated that portion of College Street between Capitol and Madison Streets as described in Exhibit A attached hereto, and deeded same to the Grantor. 3. Duration: This easement is granted and all rights hereunder shall endure for such period of time as they are required and used for the facilities herein described. Whenever said purpose and use shall cease, all rights granted herein shall terminate and revert to the Grantor. 9. Assignment Prohibited: This grant is to the City of Iowa City only and cannot be assigned in whole or in part to any other party without written consent of the Grantor. Violation of this provision shall entitle the Grantor to terminate this easement. Each and all of the above terms, covenants and conditions are of the essence hereof and the Grantee, by accepting this instrument, covenants and agrees ��� to comply and perform in accordance with the terms hereof. The Grantee's failure to do so shall entitle the Grantor at its option to terminate all rights hereunder by serving a written notice upon the Grantee specifying' its defaults, and if the Grantee fails to fully comply as obligated herein within one year after said notice, all of its rights, title and interest hereunder shall cease and terminate and the Grantor shall be entitled to full possession of the premises. The provisions hereof shall inure to the benefit of and bind the sucessors and assigns of the respective parties hereto, and all covenants shall apply to and run with the land. IN WITNESS WHEREOF the Grantor has executed this instrument this 10- day of , 1980, by its lawfully designated officials. APPROVED: ExecutivQ count 1 State of oa� ) By: IOWA STATE BOARD OF REGENTS By: Pr=side�— Secretary 4r�_, 1 X!C=1,p^n ABBIE ST0I.Fl1S, r1AG CITY CLERK (3) l 6. STATE OF IOWA ) CERTIFICATION ) SS: AND COUNTY) ACKNOWLEDGEMENT On this 47TH day of L�f� .c- , A.D., 1980, before me, the undersigned, a Notary Public in and for said County, and in said State, personally appeared Jh; Lc, ,: �12. , and ,�. c,,.,, /P, to me p rsonally known, who, being by me d sworn, Aid say that they are the President and Executive Secretary, respec— tively, of the Iowa State Board of Regents, executing the within and fore— going instrument to which this is attached; that said instrument was signed on its behalf by authority of said State Board of Regents; and that said )rice„ y,<. .��C� , and ic'..CU,'K�, ,%- as such officers a knowledged the execution of said instrument to be the voluntary act and deed of said State Board of Regents, by it and by them voluntarily executed. NOTA zi:yL SEAL i Notary Public in and for said—County — AIIC, 1 , 1q^n. ABBIE STOI.FLIS. CITY CLERK (3) 4 C-) 0 96. F- LLI LSI IO• z 0 0 a DESCRIPTION OF COLLEGE STREET IRE TRACT: N SCALE I"= 50 Y College Street Beginning at the NE Corner of Block 92, O.T., said point being on the west R.O.W. line of Capitol Street, thence North along the west R.O.W. of ''apitol Street to the SE Corner of Block 91, O.T., thence west along the South line of Block 91, O.T. to the SW Corner of Block 91, O.T., said point being on the East R.O.W. line of Madison Street, thence South along the East R.O.W. line of Hadison Street to the N14 Corner of Block 92, O.T., thence East along the North line of Block 92, O.T. to the NE Corner of Block 92, O.T., said point being the point of beginning. DESCRIPTION OF PERMANENT EASEMENT FOR WATER MAIN: The South 15 feet of the North 30 feet of the above described tract. 'f `7l, L AUG 1 =1sen ABBIE STOI.F:IIS., r „( CITY CLERK () 49 0 F -- CL U 96.� RECEIVED e% f,I!G 2 1 1980 LEGAL DEPARTMENT PERMANENT SEWER EASEMENT KNOW ALL MEN BY THESE PRESENTS: FILED K'3_1 �1 BOOK �1:28 aJ i;rCU.r, JOHNSON CO.. 10',1P, That the State of Iowa, holding title to the real estate located in Johnson County, Iowa, for the use and benefit of The State University of Iowa under the jurisdiction of the Board of Regents, specifically described in Exhibit A attached hereto and made a part hereof, for a good and valuable consideration hereby grants unto the City of Iowa City, Iowa the following easement, subject to these terms, covenants and conditions, to -wit: Location: The easement granted herein shall be located upon and limited to tract specifically described in Exhibit A attached hereto. 1. Use: Said premises shall be used by the Grantee for the purposes of excavating for and the installation, replacement, maintenance and use of such sewage lines, pipes, mains, and conduits as Grantee shall from time to time elect for conveying sewage with all necessary appliances and fittings for use in connection with said pipe lines, together with adequate protection therefore, and also a right-of-way, with the right of ingress and egress thereto, including all the area described on Exhibit "A" attached to this easement and by this reference made a part hereof, and for no other purpose. 3. Excavations: All ditches, trenches and other excavations shall be firmly filled and maintained in such manner as to present no hazard or obstacle to Grantor's use of the premises for other purposes. S. Utilities Crossing: All crossings of existing sewers, water lines, heating tunnels or other existing facilities shall be according to specifications and details of the engineer or other official of the University in charge. of such installations, and the University shall have the right to construct any such facilities across or through the easement tract in such manner as not to interfere with Grantee's facilities installed horeunder. 5. Liability: Grantee covenants to be responsible for any loss or damage which shall be caused by the exercise of said ingress and egress, construction, maintenance and use of the premises by the Grantee or its employees and agents under the rights herein granted, or by any wrong- ful or negligent act, or omission of the Grantee or of its agents or employees in the course of their employment with respect to the sub- ject matter of this agreement. G. Rights Reserved: The Grantor reserves to itself and to the State University of Iowa the right to the full use of said premises for any purpose it sees fit which does not interfere with Grantee's rights herein granted. In the event a relocation of the said facilities and easements becomes necessary because of the development of the area by the State University of Iowa, the Grantor agrees to be responsible for all costs of relocating said facilities to a mutally agreeable location. 7. Consideration Agreement: It is agreed and understood that the consi- deration for the grant is the fact that the City of Iowa City has vacated tha, portion of College Street between Capitol and Madison Streets as described in Exhibit A attached hereto and deeded same to the Grantor. 8. Duration: This easement is granted and all rights hereunder shall endure for such period of time as they are required and used for the facilities herein described. Whenever said purpose and use shall cease, all rights granted herein shall terminate and revert to the Grantor. 9. Assignment Prohibited: This grant is to the City of Iowa City only and cannot be assigned in whole or in part to any other party without written consent of the Grantor. Violation of this provision shall entitle the Grantor to terminate this easement. Each and all of the above terms, covenants and conditions are of the essence hereof and the Grantee, by accepting this instrument, covenants to comply and perform in accordance with the terms hereof. The Grantee's failure to do so shall entitle the Grantor at its option to terminate all rights hereunder by serving a written notice upon the Grantee specifying its defaults, and if the Grantee fails to fully comply as obligated herein within one year after said notice, all of its rights, title and interest hereunder shall cease and terminate and the Grantor shall be entitled to full possession of the premises. The provision hereof shall inure to the benefit of and bind the successors and assigns of the respective parties hereto, and all covenants shall. apply to and run with the land. I\ WITN SS WHEREOF the Grantor has executed this instrument this l-1':� day of 1980, by its lawfully designated officials. APPROVED: Executive Council State of oa By IOWA STATE BOARD OF REGENTS B AIIC;1,190 ABBIE STOI.FI.Ig pipe CITY CLERK (3) STATE OF IOWA ) CERTIFICATION ) SS: AND COUNTY) ACKNOWLEDGEMENT On this d?1,1, day of qul v� , A.D., 1980, before me, the undersigned, a Notary Public in and for said County, and in said S/t1ate, personally appeared �.irs and �. /✓,',h,-„ to me pev'sonally known, who, being by me duly sworn,/did say that they are the President and Executive Secretary, respec- tively, of the Iowa State Board of Regents, executing the within and fore- going instrument to which this is attached; that said instrument was signed on its behalf byf authority of said State Board of Regents; and that said �%il�t +n L-�. r.c�u /L(�i7�l�n. and /C. 1--K +i - C i.' as Such officerknowledged the execution of said instrument to b the voluntary act and deed of said State Board of Regents, by it and by them voluntarily executed. Notary Public in and for -said -County �o- ,.- 41 4 A.!!f; I , Rno ABBIE STOLFUS, C%, C CITY CLERK (3) Q� w w LO DESCRIPTION Or' ENTIRE TRACT: z�• -J O H n IQ U College Street Beginning at the NE Corner of Block 92, O.T., said point being on the west R.O.W. line of Capitol Street, thence North along the west R.O.W. of Capitol Street to the SE Corner of Block 91, O.T., thence west along the South line of Block 91, O.T. to the SW Corner of Block 91, O.T., said point being on the East R.O.W. line of Madison Street, thence South along the East R.O.N. line of Madison Street to the N14 Corner of Block 92, O.T., thence East along the North line of Block 92, O.T. to the NE Corner of Block 92, O.T., said point being the point of beginning. -DESCRIPTION OF PERMANENT EASEMENT FOR SANITARY SEWER: The North 15 feet of the South 33.5 feet of the above described tract. �oa�M At IC 1 - 1980 ABBIE STOLFUS, C?IL CITY CLERK {3) m /e✓ RESOLUTION NO. 80-389 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE COURT AND CORRIDOR FOR THE DOWNTOWN PARKING FACILITY - RAMP A ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECT- ING CITY CLERK TO PUBLISH NOTICE TO BIDDERS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. WHEREAS, notice of public hearing on the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project was published as required by law, and the hearing thereon held. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project are hereby approved. 2. That the amount of bid security to accompany each bid for the construction of the above-named project shall be in the amount of 5% of bid sum payable to Treasurer, City of Iowa City, Iowa. 3. That the City Clerk is hareby authorized and directed to publish notice for the receipt of bids for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the city not less than four (4) nor more than twenty (20) days before the date established for the receipt of bids. 4. That bids for the construction of the above-named project are to be received by the City of Iowa City, Iowa, at the Office of the City Clerk, at the Civic Center, until 2:00 P.M. on the 1st day of October 1980. Thereafter, the bids will be opened by the City Engineer or his designee and thereupon referred to the Council of the City of Iowa City, Iowa, for action upon said bide at its next meeting to be held at the Council Chambers, Civic Center, Iowa City, Iowa, at 7:30 P.M. on the 7th day of October , 1980 R"'vsaiA eZMLegal N 9G 3 Page 2 Resolution No. 80-389 It was moved by Vevera and seconded by Roberts that the Resolution as rea e a opte , and upon roll ca t ere were: AYES: NAYS: ABSENT: X BALMER X ERDAHL X LYNCH X NEUHAUSER X PERRET X ROBERTS X VEVERA Passed and approved this 9th day of September , 1980. MAYOR ATTEST: ec�t_ tU, CITY CLERK 96 RESOLUTION NO. 80-390 RESOLUTION APPROVING AMENDED ARTICLES OF AGREEMENT OF THE JOHNSON COUNTY COUNCIL OF GOVERNMENTS WHEREAS, re -organization of the Johnson County Regional Planning Commission is deemed essential in view of the financial limitations in support of a regional planning agency; and WHEREAS, an intergovernmental planning agency is considered essential to providing services and support for the goals and objectives of local government within Johnson County; and WHEREAS, following extensive study and discussion, the Steering Committee on Planning Reorganization has recommmended adoption of Amended Articles of Agreement of the Johnson County Council of Governments; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the Articles of Agreement of the Johnson County Regional Planning Commission are repealed in their entirety and, in lieu thereof, the Amended Articles of Agreement of the Johnson County Council of Governments are hereby approved. It was moved by Vevera and seconded by Perret that the resolution as rea—de�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 9th day of September , 1980. � � J YOR ATTEST: Q i C CLERK J ,..K..t C?/. -6— RESOLUTION NO. 80-391 RESOLUTION ESTABLISHING MEMBERSHIP IN THE JOHNSON COUNTY COUNCIL OF GOVERNMENTS. WHEREAS, Amended Articles of Agreement of the Johnson County Council of Governments have been approved by the City of Iowa City, Iowa; and WHEREAS, the City of Iowa City wishes to become a member agency of said Council; NOW, THEREFORE, BE IT RESOLVEO BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the City of Iowa City does hereby become a member of the Johnson County Council of Governments and does hereby agree to abide by the Amended Articles of Agreement of said Council. It was moved by perret and seconded by Roberts that the resolution as rea3�ie adopted, and upon roll call t ere were: AYES: NAYS: ABSENT: x Balmer x Erdahl x Lynch x Neuhauser x Perret _ x_ Roberts _ x Vevera Passed and approved this 9th day of September , 1980. YOR ATTEST: L 976 6 RESOLUTION NO. 80-392 RESOLUTION APPROVING OFFICIAL MUNICIPALITY REPORT FOR MUNICIPAL STREETS AND PARKING FOR FY1980. BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the Official Report of Municipality of Streets and Parking for the period beginning July 1, 1979, through June 30, 1980, be approved. It was moved by Neuhauser and seconded by Roberts that the resolution be adopted as read. 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 9th day of sent_ 1980. ATTEST: CITY CLERK MAYOR 967 -IOWA DEPARTMENT OF TRANSPORTATION FORM 220007/80 ' l Of TRAt, p F y � A a a y o�• s rows OFFICIAL MUNICIPALITY REPORT for MUNICIPAL STREETS AND PARKING Municipality _ Iowa City County Johnson From July 1, 1979 to June 30, 1980 RUT I, Abbie Stolfus , city clerk of the municipal lty of Iowa City , do hereby certify that the city coo/until has by resolution approved this report as its official 199880 Fiscal Year Street Finance Report thiiss�_ `9 Y day of 19 City Clerk Mailing Address 410 E. Washington Street <I Daytime Phone No. (Area Cotlo31)9 354-1800 Hours Available 8:00 - 5:Onp-,m` ' MEMBERS OF THE COUNCIL John Balmer Mayor Robert Veyera Clemens Erdahl Mary Neuhauser Glean Roberts David Parra Larry Lynch On or before September 10, 1980, two copies of this report shall be filed with the Iowa Department of Transportation. This report consists of RUT NUMBERS 2A) a 01 a ci o2 nH .j DISTRIBUTION: White Copy • Office of Transportation Inventory; Yellow Copy -City; Pink Copy - District Transportation Planner u 9� � IOWA DEPARTMENT OF TRANSPORTATION FORM 2200044.80 STREET FINANCE REPORT FROM ALL SOURCES FOR STREET PURPOSES COLUMN 1 COLUMN 2 COLUMN 3 Municipality City of Iowa City FROM County Johnson ROAD USE STREET OTHER Official Census Figure 49,489 (Prelim 80) TAX FUND FUND ACCOUNTS" City No. A. 1. Ending Balance Last Street Finance Report 2. Adjustment (Explain on RUT - 2B) 3. Actual Book Balance, July 1, 1979 ACTUAL RECEIPTS B. 1. Road Use Tax ............................ 2. Property Taxes 3. Special Assessments ...................... 4. Misc. (Itemize on Next Page) ................ 5. Proceeds From Bonds Sold ................. (ROUND FIGURES TO NEAREST DOLLAR) RUT -2A COLUMN 4 TOTALS 533,9G2 3,230,12.4 410,309 4,174,395 533,962 3,230,124 410 309 4-174,395 1,345,529 1,345,529 876,878 876.878 61.904 61 , 9!la 1,051,361 1,051,361 6. Interest Earned ........................... 10.007 C. Total Receipts (Lines B1 thru B6) ............... D. TOTAL FUNDS AVAILABLE ................... (Line A3+Line C) ACTUAL EXPENDITURES E. Maintenance 1. Roadway Maintenance ..................... 2. Snow and Ice Removal ..................... 3. Storm Sewers ............................ 4. Traffic Services ........................... 5. Street Cleaning ........................... F. Construction or Reconstruction 1. Engineering .............................' 2. Right of Way Purchased ...................' 3. Roadway Construction ....................' 4. Storm Sewers ............................ 5. Traffic Services ........................... 6. Sidewalks ..............................' G. Administration .............................. H. Street Lighting .............................. I. Trees ...................................... J. Equipment Purchased ........................ K. Misc. (itemize on Next Page) .................. L. Bonds and Interest Paid 1. Paid on Bonds Retired ..................... 2. Interest Paid on Bond ...................... M. Non -Street Purposes ......................... N. Total Expenditures (Lines E thru M) ............. O. BALANCE, June 30, 1980 ..................... P. TOTAL FUNDS ACCOUNTED FOR. (Line N+Line O) 1,355,536 1,051,361 1.113,150 3,520,047 1,889,498 4,281,485 1,523,459 7,694,442 759,095 759,095 94,023 94,023 11,040 11.040 220,599 2.20,599 36,111 36,111 51,153 51.153 2.966,917 9.966,917 125,896 125,89E 4.278 4.278 85,823 85,823 127,710 127.710 708,888 708,888 277,326 277,326 1,515,728 2.966.917 986,214 5.468,859 373,770 1,314,568 537,245 2.225,583 1.889,492 4,281,485 1,523,459 7,694.442 (') Road -Use Tax Expenditures for these six Items must be divided to extension of rural systems, municipal arterial, collector and local streets on Form RUT 2-B. (") Debt Service, General, Sanitation, Public Safely, Utility, etc. Include the balances for accounts which are used entirely for streets. Read Your New Instructions. 1 DISTRIBUTION: While Copy - Cities of Transportation Inventory; Yellow Copy - City; Pink Copy • District Transportation Planner f6 7 IOWA DEPARTMENT OF TRANSPORTATION FORM 2200055.78 STREET FINANCE REPORT Municipality City of Iowa City CONSTRUCTION & RECONSTRUCTION EXPENDITURES FROM ROAD USE TAX ACCOUNT (USE FIGURES FROM COL. 1, RUT - 2A ONLY) RUT -2B City No. I I I I I t Ext. of Rural Systems Municipal Municipal Municipal Arterial Collector Local Trunk Trunk Collector Func. Class 06 Func. Class 07 Func. Class 10 Func. Class 11 Func. Class 12 Total 1. Engineering 10,842 24,812 15,499 51,153 2. Right of Way Purchased 3. Roadway Construction 4. Storm Sewers 5. Traffic Services 125,896 125,896 6. Sidewalks 4.278 4,278 Total 136,738 24,812 19,777 181,327 Comments: (Including street expenditures by subdividers.) ITEIdILATION OF MISCELLANEOUS RECEIPTS: Charges for Services 8,838 9fem fzafiofi�£Nliscelfari®lws Receip-t's:([3n� �iAj�(�e�m'slwc3 iori�) Hiscellaneous S31es Reimbursement of Expenses Reimbursement for Damages Miscellaneous (Gain on Investments) Line B-4 Totals B Itemization of Miscellaneous Expenditures (Line K). (See instructions.) Line K Totals 13,541 15,582 COLd1MDFZ COLUMN 3 2,647 $ 11,595 ---F2-,lT4 540 2,213 288,759 17 000 —TEz32b 4-•, 917 1,f)51,21� DISTRIBUTION: White COPY - Office of Transportation Inventory, Yellow Cupyf. City; Pink Copy - District Transportation Planner 9 7e FORM 220014 3A0 TYPE OF CONSTRUCTION 1. RIGHT OF WAY 2. GRADE AND DRAIN 3. PAVE 4. RECONSTRUCTION 5. PAVEMENT WIDENING 6. RESURFACING 7. SHOULDER WIDENING B. SURFACE RESTORATION 9. BRIDGE OR CULVERT ONLY 10, INTERSECTION LIGHTING 11. STREET LIGHTING 12. MISCELLANEOUS STATE FUNCTIONAL CLASSIFICATION 04 ARTERIAL EXTENSION 05 ARTERIAL CONNECTOR EXTENSION 06 TRUNK EXT. OF 07 TRUNK RURAL COLLECTOR SYSTEMS 10 MUNICIPAL ARTERIAL SYSTEMS 11 MUNICIPAL COLLECTOR SYSTEMS 12 MUNICIPAL SERVICE SYSTEMS PROJECT STATUS REPORT STREET CONSTRUCTION PROGRAM Accomplishments July 1, 19 79 To June 30, 1960 Pop. 1,000 • 4,999 ❑ 1 year program Pop. 5,000 & over CJ 5 year program R.U.T. 5 SHEET I OF L CITY Iona City COUNTY Johnson PROJ. STREET PROJECT LIMITS STATE SURFACE PROJECT TOTAL COST NO. NAME FUNC. TYPE OF LENGTH (DOLLARS) % FROM TO WIDTH TYPE CLASS. CONST. (MILES) COMPLETED Napoleon 1,2,3,4, TAUS 1 Gilbert Park Third St. 10 49' Concrete 5, 12 1.50 2,106,003 60% 1,2,3, 2 Scott Blvd, hdwy r6 Muscatine 10 31' Concrete 12 1.50 1,085,000 ON Asphalt 10111 3 Resurfacino (Nisc. ocations) 12 Varies Asphalt 6 4.80 200,000 100X 4 Sunset Benton Arbury 10 49' Concrete 5 0.20 31,400 100% Benton/ 1,4,5, 5 Riverside Intel section 10 61' Concrete 12 0.30 337,000 0% Capitol Benton Prentiss 12 39' 90% 6 Madison Prentiss Davenport 12 45' Concrete 4 1.00 8001000 10% Governor St. S Bridge At Ralston Creek 10 37' Concrete 9 37x36.5 feet 184,700 1001 City Share - 8 Ove width Various Locations 10,11 36' Concrete 2,3 0.25 8,355 81 ,Paving Pro ran 9 Dubuque Street (at Brown S reet) 10 Varies Asphalt 5 0.10 5,000 0% 10 Iowa Avenue Bridge (at Iowd River) 12 57' Concrete 4,9 57025 feet 766,000 0% 11 Scott Blvd. Ralston Muscatine 10 31' Concrete 1,2,3 0.25 650,003 Us Creek Distribution: While -Office of Trans. Inv.;Yellow-City Copy; Pink- District Planner FORM 220014 3A0 TYPE OF CONSTRUCTION 1. RIGHT OF WAY 2. GRADE AND DRAIN 3. PAVE 4. RECONSTRUCTION 5. PAVEMENT WIDENING 6. RESURFACING 7. SHOULDER WIDENING B. SURFACE RESTORATION 9. BRIDGE ON CULVERT ONLY 10. INTERSECTION LIGHTING 11. STREET LIGHTING 12. MISCELLANEOUS STATE FUNCTIONAL CLASSIFICATION 04 ARTERIAL EXTENSION 05 ARTERIAL CONNECTOR EXTENSION N TRUNK EXT. OF 07 TRUNK RURAL COLLECTOR SYSTEMS 10 MUNICIPAL ARTERIAL SYSTEMS 11 MUNICIPAL COLLECTOR SYSTEMS 12 MUNICIPAL SERVICE SYSTEMS PROJECT STATUS REPORT STREET CONSTRUCTION PROGRAM Accomplishments July 1, 19 79 To June 30, 1980 Pop. 1,000 • 4,999 ❑ 1 year program Pop. 5,000 & over Q 5 year program SHEET 2 CITY Iowa Ci COUNTY .lnhnson R.U.T. 5 I OF 2 hN0 PROD. NO. STREET NAME PROJECT LIMITS STATE FUNC. CLASS. SURFACE TYPE OF CONST. PROJECT LENGTH (MILES) TOTAL COST (DOLLARS) COMPLETED FROM TO WIDTH TYPE 12 Burlington Bridge (East At Iowa ound) River 10 55' Coccrete 4,9 55x360 feet 880,000 0% 13 Camp Cardinal Bridge at ClEar Creek 12 16' Concrete 9 16x85 feet 216,000 0'! 14 Curb Repair Street A (,fisc. locations) 1011' 12 Varies Concrete 4 Unknown 66,830 50;:1 01s,ribetlon: While - Olilce of Trans. Inv.; Yellow -City Copy: Pink -District Planner RESOLUTION NO. 80-393 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CLERK TO ATTEST A RENEWAL AGREEMENT WITH A BETTER CAB COMPANY FOR TAXI SERVICE SUPPLEMENTAL TO THE SEATS PROGRAM WHEREAS, it is in the public interest to provide taxi service to Iowa City residents in order to supplement the Johnson County/Iowa City SEATS Program for delivery of special elderly and handicapped transit services, and WHEREAS, Iowa City, Johnson County and A Better Cab Company have negotiated a Renewal Agreement in order to continue supplemental taxi services for Iowa City residents, which original Agreement is recorded in the Johnson County Recorder's Office. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY that the Mayor is hereby authorized and the Clerk to Attest a Renewal Agreement for supplemental taxi service to the Johnson County SEATS Program, and to direct that said Renewal Agreement be filed with the Secretary of State and the Johnson County Recorder's Office, as required by Chapter 28E, Code of Iowa 1979. It was moved by Perret and seconded by Vevera 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 9th day of september 19 80. _, _✓.��i 1. < ' ' Mayor ATTEST: /L/,, Li ' cReceived ✓i Approved City Clerk By The Legal Derermxnt 73 RENEWAL OF AGRLEMENT FOR SUPPLEMENTAL TAXI SERVICE This renewal agreement is entered into by and between the City of Iowa City, Iowa, Johnson County, Iowa, and A Better Cab Company. WHEREAS, the parties hereto wish to renew their agreement for supplemental taxi service, which is recorded in Book 558 at page 205 in the Office of the Johnson County Recorder; and WHEREAS, the parties to this renewal desire to continue the existing program of supplemental SEATS taxi service for another year; NOW, THEREFORE„ BE IT AGREED BY AND BETWEEN the City of Iowa City, Johnson County, and A Better Cab Company, as follows: 1. The renewal term of this agreement shall commence July 1, 1980, and continue for one year, through and including June 30, 1981. 2. Paragraph II. 4. of the original agreement is amended by deleting the term "64 hours" and substituting therefore the term "85 vehicle -hours." 3. Paragraph III. 1. of the original agreement is amended by deleting the original fare structure description and substituting therefore the phrase "$1.75 for the first mile and $.60 for each additional half - mile." 4. Paragraph VIII. of the original agreement is amended by deleting the effective dates and substituting therefore "July 1, 1980, to June 30, 1981". 5. In all other respects, the original agreement between the parties remain in full force and effect. 6. This renewal agreement shall be filed with the Secretary of State of Iowa and the County Recorder of Johnson County, Iowa. Dated this 10thday of September , 1980. A BETTER CAB COMPANY i BY: President CITY OF IOWA CITY, IOWA �.✓5 .cl i� ,. < .- v Mayor 9 lel E ATTEST: Al -1 EST: 14 G �L'� - City Cler, JOHNSON COUNTY, IOWA hairperson Board of Supervisors pCvwiv�+ & App-m6d By T})o l/m�3e� A ua rt„w � 9 RESOLUTION NO. 80-394 , RESOLUTION REGARDING THE REQUEST BY HAWKEYE CABLEVISION, INC., FOR AN EXTENSION OF THE APRIL 18, 1980, DEADLINE FOR TWENTY- FIVE (25) PERCENT AVAILABILITY OF SERVICE. WHEREAS, Section 14-79(c) of the Code of Ordinances of Iowa City, required that Hawkeye Cablevision, Inc., provide full network service to twenty- five (25) percent of the franchise service area by April 18, 1980, and WHEREAS, Hawkeye Cablevision, Inc. has requested an extension of this construction time table, and WHEREAS, a public hearing on the request for an extension was held by the City Council of Iowa City on May 13, 1980. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That Hawkeye Cablevision, Inc. is hereby granted an extension of its obligation to provide full network service to twenty-five (25) percent of the franchise service area from April 18, 1980 to July 11, 1980. It was moved by Vevera and seconded by Neuhauser that the resolution as read a adopted, and upon roll cal there were: AYES: NAYS: ABSENT: X Balmer X Erdahl X Lynch X_ Neuhauser X Perret X Roberts X Vevera Passed and approved this 9th day of September , 1980. , _"Yoy 0 ATTEST: G11Y CLERK w 76 city o4 Iowa Cao.f Date: September 5, 1980 To: City Council From: Drew Shaffer, Specialist Re: Ilawkeye Cablevisions' Status on Extension Request Ilawkeye Cablevision has communicated that they have attained the 25 requirement dictated by City ordinance. Ilawkeye states that as of June 27, 1980 construction on Phase 1 was completed and as of July 11, 1980 full network service was available to that area, thus fulfilling the '_'57, ordinance requirement. Hawkeye adds that Phase L represents closer to 30% of the Iowa City dwelling units rather than the 25% required. Tho staff concurs with this assessment. As of August 25, 1980 Ilawkeye has completed 131 miles of strand, 117 miles of cable and 40 miles of cable has been activated. About 5 rnilrs of cable has been put underground. Over 500 subscribers now recoive cable television. Hawkeye projects that they will have completed Phase 2 (the southeast part of Iowa City) by mid-September; Phase 3 (the rest of eastern low,i City) by mid-October; Phase 4 (the northwest part of Iowa City including{ Manville Heights) by November 15 and Phase 5 (west and southwest Iowa City) by December 15. Hawkeye projects 90% system completion by about the first of 1981. .According to Ordinance requirements, City Council must act or, Hawko_ve's extension request by October 9, 1980. Mr. Bob Pepper and Hawkeye Cablevision will be available for comment at the Council meetings Mond,jv and Tuesday, September 8th and 9th. bj/sp RECE D SEP 1 2 i98Ow� RESOLUTION NO. 80-395 A RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE CITY OF HILLS, IOWA, CONCERNING THE ANNEXATION OF RAILROAD RIGHT-OF4AY. WHEREAS, the City of Iowa City, has negotiated an agreement with the City of Hills, Iowa, a copy of said agreement being attached to this resolution and by this reference made a part hereof, and, WHEREAS, the City Council deems it in the public interest to enter into said agreement with the City of Hills concerning: (a) future annexation, (b) review of subdivisions within Hills' extra -territorial jurisdiction, and (c) cooperation in the extension of streets and utilities across the railroad right-of=way. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL: 1. That the Mayor and the City Clerk are hereby authorized and directed to execute the agreement with the City of Hills, Iowa. 2. That the City Clerk shall file a copy of this resolution and agreement with the City Development Board within 30 days of enactment. It was moved by Vevera and seconded by Roberts that the resolution as rea ems- aUopted, and upon roll call—t erre were: AYES: NAYS: ABSENT: X Balmer X Erdahl X _ Lynch X Neuhauser X Perret X Roberts X Vevera Passed and approved this 9th day of September , 1980. '` AY R ATTEST: LER 4 7A AGREEMENT This agreement, entered into by and between the City of Iowa City, Iowa, a municipal corporation duly organized, authorized and existing by virtue of the laws of the State of Iowa, hereafter called Iowa City, and the city of Hills, Iowa, a municipal corporation, duly organized, authorized and existing by virtue of the laws of the state of Iowa, hereinafter called Hills. WITNESSETH: WHEREAS, Hills has annexed, in accordance with Section 368.7 of the Code of Iowa 1979, the real estate, hereinafter referred to as "the railroad property", a 100' foot wide tract, the centerline of which is generally described as follows: Commencing at a point on the southerly corporate limits of the City of Iowa City in the SE, of Section 21, T79N, R6W of the 5th P.M.; thence southerly along said centerline to a point located on the northerly corporate limits of the City of Hills, which point is located in the SW',, Section 15, T78N, R6W of the 5th P. M. and WHEREAS, Iowa City has an interest in the annexation of real estate which is located between the southern boundary of Iowa City and the northern boundary of Hills, and WHEREAS, Section 368.4 of the Code of Iowa 1979 provides that a city, following notice and hearing, may by resolution agree with another city to refrain from annexing specifically described territory for a period not to exceed ten years. 979 PA NOW, THEREFORE, BE IT AGREED BY AND BETWEEN THE PARTIES: 1. That Hills agrees to refrain from annexing the following described property: Property located north of the north line of Sections 7, 8, 9, 10, 11 and 12 of T78N, R6W of the 5th P.M. Hills shall adopt a resolution as provided by Section 368.4 of the Code of Iowa 1979 whereby it agrees to refrain from annexing the above-described property for a period of ten years unless Hills receives the written approval of Iowa City. 2, That in the event a rural or county subdivision is proposed by which Chapter 409 of the Code of Iowa requires Hills' approval because the subdivision is located within its two mile jurisdiction or the line equidistant between Hills and Iowa City, and Hills acquired jurisdiction by the annexation of the railroad property more particularly described in the first paragraph, then Hills shall not approve nor disapprove the application until Iowa City ha's had a reasonable opportunity to examine the proposed subdivision and report its findings or recommendations to Hills. 3. The parties agree to cooperate with regard to the planning of streets and the extension of utilities to insure orderly development across jurisdictional lines. The cooperation shall not extend to any financing or any payment of any costs but shall only be in the area of jurisdiction. It is understood that any joint use of lines or any agreements for the provision of services are not covered by this agreement. 4. That should Iowa City find it to be in the public interest to annex any part of the railroad property described hereinabove, located within three (3) miles of the present corporate limits of Iowa City, then Hills shall join with Iowa City in petitioning the City Development Board of the State of Iowa for a boundary adjustment to sever such portion of the railroad property from Hills and annex it sm k to Iowa ( , provided the motive for am -ion is not solely to increase revenues to Iowa City. 5. That any provision herein may be altered, amended or rescinded by the mutual consent of the parties in writing. Further, it is agreed that no officer, employee or agent of either of the parties has the right or authority to waive any of the terms or to change, or waive any of the provisions of this agreement; nor shall any custom or habit of dealing involving the performance of the services made within the knowledge of the councils of the parties have the effect of changing or waiving any of the terms of this agreement. Any modifications herein must be made by resolution, duly enacted by the respective city council of the parties. 6. That no waiver of any breach of this agreement or failure to enforce any of the provisions of this agreement shall be held to be a waiver of any of the provisions of this agreement or the rights of the parties to thereafter enforce each and every provision of this agreement. 7. That a copy of the resolution and this agreement shall be filed with the City Development Board within thirty days of enactment by the City Clerk of Iowa City. 8•, That the term of this agreement shall be from the date of its execution to July 1, 1980. Dated this 10th day of September 1980. CITY OF IOWA.CITY: CITY OF HILLS: BY: ; � /r f YUH MA -644 YOR ATTEST: (� CITY CLERK ATTEST: CITY CLERK P.ecei'rk! R a; ;•)vgi ]BY T1ra lsojai /_ "G C /'/C 98/ c RESOLUTION NO. 80-396 RESOLUTION AUTHORIZING AND DIRECTING THE SOLICITATION OF OFFERS TO PURCHASE LAND FOR PRIVATE REDEVELOPMENT. WHEREAS, the City of Iowa City, Iowa, acting as Local Public Agency, has entered into a contract for Loan and Grant with the United States of America for the implementation of an Urban Renewal Project known as Project No. Iowa R-14; and, WHEREAS, the City of Iowa City has reached financial settlement of said Project Iowa R-14, and is continuing said project as part of the Community Development Program, Project B -79 -HN -19-0005; and, WHEREAS, the City of Iowa City has adopted and approved an Urban Renewal Plan for said project, which Urban Renewal Plan was adopted and approved in Resolution No. 2157, passed by the City Council of the City of Iowa City on October 2, 1969, which Plan has been modified and amended from time to time; and, WHEREAS, the City Council did, by Resolution No. 77-250 dated July 12, 1977, authorize the solicitation of offers to purchase for private redevelopment land located within the Urban Renewal Project area; and, WHEREAS, the City Council did, by Resolution No. 77-392, dated October 4, 1977, designate North Bay Construction, Inc. as the preferred developer of Disposition Parcel 82-1b; and, WHEREAS, the City of Iowa City and North Bay Construction, Inc, entered into a Contract for the Sale of Land for Private Redevelopment on June 25, 1979; and, WHEREAS, said contract was mutually rescinded by the City of Iowa City and North Bay Construction, Inc. on June 13, 1980; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the City Manager is hereby authorized and directed to solicit offers to purchase Disposition Parcel 82-1b for private redevelop- ment; and, BE IT FURTHER RESOLVED, that the City Clerk is hereby authorized and directed to publish notice of such solicitation of offers to purchase Disposition Parcel 82-1b for private redevelopment. It was moved by Perret and seconded by Neuhauser Resolution be adopted, and upon roll call there were: the AYES: NAYS: ABSENT: x Balmer x Erdahl x Lynch x Neuhauser x Perret . �• kz AA 9 S.7_ x Roberts Vevera Passed and approved this 9th day 'of Sept. , 1980. .Lr rtAYOR ATTEST: , / : L CITY CLERK Date: September 5, 1980 To: City Manager and City Council -From: Larry Chiat, Development Coordinator; v J] Re: Prospectus for Parcel 82-11b Attached to this memo is the draft prospectus for Parcel 82-1b, the site adjacent to the College Block Building. Staff will be available on the September 8, 1980 informal Council meeting to receive Council comments and questions. The resolution authorizing the City to solicit offers for this parcel is on the September 9, 1980 agenda. If the Council adopts the resolution and the prospectus as drafted, the public notice will be posted and the prospectus available for distribution on Wednesday, September 10, 1980. The 82-11b prospectus is modeled on the Block 64-1 prospectus. There have been some additions and major changes. These additions and -changes are listed below. the original prospectus for this parcel was written in 1977 and consisted of a brief description of the parcel's location. The developer also had, at this time, the option of combining the 82-1a (College Block Building) and 82-1b parcels for a development proposal. In 1978, the Council chose proposals that developed these parcels separately; the College Block Partners renovated the building and North Bay Construction, Inc. was awarded the 82-1b parcel for the 'Lucas Building'. In 1980, North Bay Construction, Inc. withdrew its offer to develop the 82-11b parcel. 1. Note: pictures will be added to the final prospectus. The additions and major changes to the 82-1b prospectus are as follows: Section I: Introduction 1. There have been no substantive changes in this section other than this parcel being offered for a mixed land use. These land uses are office, commercial, and retail on the first floor, with residential units committed above the first floor. Section II: Summary Facts 1. The proposals are due at 12:00 Noon CST, November 12, 1980 and will be opened at that time. 2. The Council will select a preferred developer by December 9, 1980, although Council reserves the right to extend the time for selection if it deems that necessary. (? l 3. Construction is expected to begin by June, 1981 on this parcel. Section III: Iowa City Urban Renewal Project 7. There have been no substantive changes C} this section other than updating of the information and �a elaboration on the public improvements funded by the City. Section IV: The Land Disposition Program for 82-1b 1. The minimum bid price for this parcel remains at $50,000, but developers are encouraged to bid above this price for competitive reasons. Donald Zuchelli was consulted on this point and concurred with keeping the price at $50,000. He felt that this price represented 'bargain' price which will make it very attractive on the market. 2. The building height restrictions have been changed to a 37 foot height minimum for three stories and a maximum building height of 52 feet. On-site survey shows that the 37 foot height minimum corresponds with the bottom of the College Bloc: Building parapets, and the 52 foot height maximum corresponds to Maxwell's height. Staff believes that this new height maximum will increase the economic developability of this site and will complement, not overwhelm, the College Block Building. 3. "Design Considerations" incorporates many of the City's Design Review Committee guidelines for new buildings locating on the City Plaza. Mr. Zuchelli also concurred with the design considerations. 4. "Encroachment in Public Right -of -Way" will allow a developer to build out onto City Plaza, subject to City review and approval except for a 42 foot diagonal portion in College and Dubuque Streets which was expressly designed for pedestrian usage. This section also allows a developer to use airspace over the City Plaza in a project design. Again, use of this space is subject to City review and approval. 5. "Project Financing" directly reflects Council's concerns after reviewing Mr. Zuchelli's comments about use of Industrial Revenue Bonds. These guidelines require the preferred developer to seek out conventional financing. If this financing is not available to the preferred developer from at least four reputable lenders, and a developer submits a statement from each lender indicating that the financing is not available and the reasons why the financing is not available, the preferred developer may then submit a written request to the City for Industrial Revenue Bond financing. The preferred developer is required to pay the City a deposit of $15,000 to cover the City's expenses in determining the acceptability of the Industrial Revenue Bond proposal. The City reserves the right to approve or disapprove the request. g f5 Section V: Procedures 1. This section has no substantive changes. Section VI. The Proposal 1. This section has no substantial changes other than the developer has been requested to detail his/her assumptions which were made concerning the financing terms deemed necessary for the proposed project. bc5/7 9�G SECTION I: INTRODUCTION The City of Iowa City, Iowa, is seeking a responsible developer to undertake construction of a commercial/office/residential building_ for Parcel 82-11b in downtown Iowa City. Access to this parcel is excellent for both pedestrian and automobile traffic. The parcel has peen reasonably priced to encourage a high quality development. In recent years, the City of Iowa City, has undertaken an ambitious urban renewal program to remove blighted commercial and residential buildings from its vital retail and employment center. Considerable private and public redevelopment has now been completed. A detailed listing of these developments is contained in Section III of this Prospectus. New development in Iowa City has many assets which should ensure success to the competent developer. These are summarized as follows: Inrat.inn The site available for disposition and development is located in the center of Iowa City. It is adjacent to existing retail and office buildings, and is within two blocks of the main University of Iowa campus. The University of Iowa, a Big Ten conference school, has over 23,000 enrolled students and 7,000 faculty members and employees. The City has recently completed a three and a half block pedestrian mall that fronts this parcel on two sides. The pedestrian traffic within this downtown core area is extremely heavy. The proximity to the University, 1,300 available parking spaces, and limited suburban shopping opportunities are important indicators that downtown Iowa City will remain the premier employment center, continuing to offer a full array of day and night time activities. Access Street improvements and traffic routing have been undertaken, predicated on reinforcing downtown accessibility. The City is providing approximately 1,300 parking spaces in two new parking ramps in the redevelopment area. The mass transit system serving Iowa City, the University, and Coralville is heavily used and has its central transfer point two blocks from this site. Market Support There is a shortage of first class office space in the downtown area. Plaza Centre One is the only facility in the redevelopment are:! with top quality space and it has been almost fully leased. With the hotel/retail development project adjacent to Parcel 82-1b and thr- new public library within a block, there is a need for such support facilities as small shop retail, professional offices, and restaurant facilities that would complement the existing and proposed uses in the downtown. Further, there is only a limited amount of housing in the downtown area. Other market -rate hcusiny that has been constructed in this area has experienced almost immediate 100% occupancy. 9V/ 04, Land Price and Use Restrictions: As an incentive to attain project objectives, the City is offering the redevelopment site under• highly favorable purchase and development terms. the parcel is attractively priced to ensure that quality development will be feasible. (See Section IV, I). ) Land Disposition and Review Process: To avoid the undue delay which often characterizes urban renewal programs, the City has developed a "streamlined" process to encourage development proposals and expedite approvals. As indicated in this Prospectus, no elaborate models or detailed laps are required insubmitting proposals. Proposals will be reviewed in an expeditious process to ensure minimum uncertainty and developer expense. The preferred developer will be designated quickly, and the City is prepared to work closely with the developer to ensure there are no misunderstandings or undue delays in arriving at an acceptable plan for the development of the site and securing approvals supportive thereof. To demonstrate the City's determination to aid in implementation following designation of the preferred developer, the City is willing to consider all plans required to be submitted to the Citi Council to be deemed approved unless formal rejection setting fort', in detail the reasons therefore is made by the City Manager to the developer within forty (40) calendar days from the date of plan submission. Any amendments or revised plans resubmitted to the City as a result of required changes are also subject to expedited design review. Supportive Public IT In addition to securing new private development, the City is directly improving downtown Iowa City's physical environment to serve the employment, shopping and recreational needs of its citizens. Utilities under key streets have been replaced and additional utility improvements are planned. City Plaza, a 3i block pedestrian plaza with Governor Lucas Square and Fountain at its center, is directly adjacent to Parcel 82-1b. Phase I1 of the Streetscape Improvement Project, which will completely rebuild and improve Capitol, Washington and Clinton Streets within the Project Area, is underway and scheduled for completion in sprin, 1981. A new public library is being built one block directly east on College Street. Construction of this major public facility begcn in October, 1979, and will be completed in Spring, 1981. A SLG car parking ramp has been completed and construction of a 450 car parNiny ramp is nearing completion. Section III of this Prospectu more fully describes the public improvements. 3 SECTION II: SUMMARY FACTS 1. All proposals must be received by the City Clerk, Iowa City Civic Center, 410 East Washington Street, Iowa City, Iowa 52240, by 12:00 Noon (CST), November 12, 1980, at which time the proposals shall be opened. Late proposals will not be considered. 2. Proposals must be accompanied by a cashier's check or certified check payable to the City of Iowa City, or a bid bond underwritten by a surety company licensed to do business in the State of Iowa, in the amount of Five Thousand Dollars ($5,000). 3. Elaborate or expensive models or displays are not desired. Evaluation of proposals will be based on developer capability and performance rather than proposed displays. A willingness to work with the City in formulating specific building plans and designs is important. 4. A complete package of background and proposal submission materials entitled "Proposal Packet" is available. Send your request to: Development Division, City of Iowa City, Civic Center, 410 E. Washington Street, Iowa City, Iowa 52240, or call (319) 354-1800, ext. 335. 5. The City will select the preferred developer on or before December 9, 1980. Between the submission deadline and the above selection date, the City may request a meeting or submission of additional materials. G. Following designation, the selected developer will have one hundred twenty (120) days to execute a purchase contract unless this period is extended by the City. Failure to execute a contract within this time may cause forfeiture of the bid deposit and loss of parcel acquisition rights. 7. Preliminary design plans are subject to approval by the City. 8. Following receipt of development proposals, the City reserves the right to negotiate with developers concerning the terms and conditions of their proposals, so long as any agreed changes do not materially affect the conditions stated herein. 9. The City expects that construction on this parcel will begin by June, 1981. Substantial assurance must be shown by the developer that this date will be met. 9 SECTION III: THE IOWA CITY REDEVELOPMENT PROJECT RAMPni Nn The City of Iowa City began planning for downtown redevelopment in the mid -1960's. The City began the execution phase of Urban Renewal Project fowa R-14 in Fall, 1971. Since that time the project has progressed through the land acquisition, clearance, and disposition phases. During this time, the City invested substantially in new and improved public facilities within the project area. Specific details regarding public and private developments are explained below: GOALS AND OBJECTIVES The City of Iowa City has had two principal goals in its Urban Renewal Project: (1) to clear all buildings which contributed to blignten conditions and which hindered private development, as defined in the Urban Renewal Plan; and (2) to promote redevelopment which will support the downtown core and serve as an important contributor to downtown economic vitality. Acquisition, clearance, and disposition of most land parcels have been completed. The major public improvements have been completed or• are underway. The overall CBD Redevelopment has incorporated key land use elements of retail, office, hotel, residential and institutional uses in a pattern which reflects market support, existing business location, employment concentrations, and transportation linkages. The considerations which lead to the plan and characterize basic plan components are summarized as follows and depicted on the Land Use Map on page KEY PLANNING CONSIDERATIONS 1. Development parcels were identified for specific land uses in accord with a comprehensive review of market supports for the downtown area. Iowa City, with 50,000 residents, has prescribed capacities for different land uses. Restrictions have been incorporated which encourage the concentration of retailing activities on certain parcels, office/employment activities on other parcels, and hotel facilities on a specific parcel. 2. The retailing pattern established for the downtown relies or, the classic "dumbbell" approach, with intervening retail opportunities located between the anchor developments at each end of City Plaza. Old Capitol Center, a two story enclosed shopping center with approximately 378,000 gross square feet, including two department stores, is the major anchor at the west end. The new public library and the hotel/retail development will serve as the east end anchor of City Plaza. The north -south axis of City Plaza provides an attractive and convenient link to significant retail activity along and to the north of the Plaza. 3. The Capitol Street Ramp, a 900 car parking structure located or, Block 83 and connected to Old Capitol Center, and the Dubuque Street Iff0 A Ramp, a 450 car parking ramp located on Block 64 which will be integrated with the hotel/retail development, are designed to serve the off-street parking needs of downtown patrons. The Capitol Street Ramp has been completed. Construction of the Dubuque Street ramp began in December, 1979, and will be completed in October, 1980. Monthly and long-term parking rates may be available. 4. City Plaza, the pedestrian plaza located on College and Dubuque Streets, is adjacent to the hotel/retail development site and Parcel 82-1b. It serves to enhance pedestrian circulation and the downtown shopping environment. The east -west axis ties together the shopping center at the west and the library and hotel/retail development on the east. The north -south axis ties the Plaza to the various retail areas to the north and an elderly housing project and other uses to the south. 5. The Iowa City Public Library is heavily utilized by the community and is a major destination point for pedestrian and vehicular traffic. A new, expanded library, now under construction one block east of Parcel 82-1b, has been designed with a major pedestrian entrance/exit on City Plaza. 6. Residential development has been included at the periphery of the commercial area. A 3.4 acre tract on 2 blocks southwest of Parcel 82-11b has been developed with 96 units of market -rate housing. Eighty-one units of subsidized housing for the elderly were completed in July, 1980, and now are almost fully occupied. This development is located at the corner of Dubuque and Court Streets, one block south of Parcel 82-1b. A second project containing 80 subsidized units for the elderly is planned on Block 61, approximately two blocks from the 82-11b site. 7. The urban renewal project plan relates closely to the University of Iowa, which is the major activity center within Iowa City. Pedestrian and vehicular (bus, bicycle and auto) linkages are planned to encourage the flow of people between the downtown and the University. Retail space, offices and library facilities are all supportive of encouraging interaction between the University and the downtown. 8. Placement and design of public improvements, amounting to $15.1 million, have been designed to maintain a viable and active downtown area. The public improvements are supportive of the private development and also represent an attraction in themselves. These public improvements will ensure that the downtown area retains its pre-eminent role in the region. PROJECT DESCRIPTION The overall CBD redevelopment project has included a complex mix of public and private developments planned to complement and mutually reinforce each other in order to create an ongoing, vital, economic and social center for the community. 991 I As a part of its effort to ensure that redevelopment proceeds smoothly, the City purchased all redevelopment parcels from the local Urban Renewal Agency by using Community Development Block Grant funds. Although certain federal regulations still apply, the marketing of this land by the City to developers has greatly simplified the disposition process. This change in normal practices has resulted from the City's desire to expedite project implementation and remove the obstacles which have hindered many urban f'enewal projects in other areas of the country. PRIVATE DEVELOPMENTS Previous land marketing efforts have been highly successful. Brief descriptions of private developments now under construction or under, contract to begin soon are set forth below. Total private reinvestment committed to redevelopment projects on land sold by the City in the CBD exceeds $30,000,000. A. Old Capitol Center: This enclosed shopping center occupies over 182,000 square feet of land on Blocks 83 and 84 and will enclose a total of approximately 378,000 square feet of retail, service, and common area. Old Capitol Center Partners, the developer of this center, has secured the financing required and has received lease commitments for over 80% of the available space, including long-term leases for two major department stores: Younkers and J.C. Penney's. Leasing progress on the remainder is proceeding rapidly. This development is nearing completion at the present time and is scheduled for occupancy in late 1980. B. Plaza Centre One: Plaza Centre One is a five story retail/office building located on the northwest corner of the intersection of College and Dubuque Streets, directly to the north of Parcel 82-11b. This structure houses retail uses on the ground floor and professional offices on the upper four floors. The development is completed with the retail space fully leased and the office space almost fully leased. C. Financial Institutions: Three local financial institutions have developed new, enlarged quarters for their operations. The Iowa State Bank and Trust Company has completed a new drive-in facility located along Clinton Street on Block 101. Perpetual Savings and Loan Association now occupies a new Iowa City office at the corner of Burlington and Clinton Streets. First Federal Savings and Loan Association of Iowa City is constructing a new home office at the corner of Dubuque and Court Streets, across the street from the recently completed elderly housing project. D. Hotel/Retail Development: The City has recently selected a preferred developer for Parcel 64-1, immediately east of Parcel 82- 1b. A major mixed-use development is planned, including a hotel with over 150 rooms, and a retail development which will be anchored by a third major downtown department store. Construction of this project is expected to commence in the Spring, 1981. 7 E. Residential Development: Three large residential developments are included within the redevelopment activities. Pentacrest Garden Apartments is a 96 -unit complex of market -rate apartments located just south of Burlington Street on Blocks 93 and 101. This project is complete and fully occupied. Capitol House, 81 units of subsidized housing for the elderly, was recently completed and is nearing full occupancy. Capitol House is located on Block 103 at the corner of Court and Dubuque Streets. Additionally, an 80 -unit complex of subsidized housing for the elderly is planned for construction on Block 61, adjacent to the City's Senior Center. Other Developments: Several other redevelopments on property sold by the City have been completed or are under contract. The College Block Building, located adjacent to Parcel, 82-11b, is an historic 19th century structure which has been completely restored. It now houses a restaurant (Bushnell's Turtle) on the first floor, and four apartments on the second floor. Hawkeye Barber Stylists have completed construction on a small parcel along Clinton Street on Block 81. A two story real estate office building has been completed by Mod Pod, Inc., at the corner of Dubuque and Burlington Streets. In the Central Business Service Area south of Burlington Street, several other parcels have been sold for expansion or parking for adjacent property owners. PUBLIC IMPROVEMENTS The City has been and remains committed to upgrading public improvements within the project area to a level supportive of sound, private redevelopment. The City is undertaking an energetic public improvement program within the project area to enhance its overall image. Public investment has been used for a broad range of functional and aesthetic improvements to utilities, streets, parking, and other major public facilities. The following is a summary of these public investments in the CBD: A. Streets: Street improvements have been designed to provide safe, efficient and attractive circulation with minimized conflicts between pedestrian, bicycle, automobile, transit and service vehicular traffic. Court Street and Burlington Street have been widened and repaved. The City has completed four blocks of street improvements and landscaping on Washington Street. City Plaza, consisting of brick sidewalks, new lighting, extensive plantings, and street furniture, is a totally pedestrian environment occupying two blocks of College Street and one and one-half blocks of Dubuque Street. It was completed in Fall, 1979. This project, which cost $1.8 million, has been designed to emphasize the pedestrian orientation of downtown development and to enhance the ease with which pedestrians circulate within the CBD. The character of City Plaza is warm with an abundance of brick, wood, trees, flowers and green spaces. Benches have been clustered for ease of conversation and there is a children's play area with a jungle gym east of the College/Dubuque intersection, immediately east of Parcel 82-1b. 51 M Governor Robert Lucas Square is located at the center of City Plaza. This focal point is occupied by an attractive fountain with strong sculptural detail, making the area equally attractive during winter months when the fountain is not operated. The design of the square incorporates convenient seating along the planters and terraced on the steps. The fountain design allows the use of the raised pools as stages. Theatrical lighting effects are possible, making the area ideal for performances and cultural events. This central area was paid for by $50,000 of City funds and $81,000 of private donations raised predominately within the downtown business community. The Johnson County Arts Council has used the square for a number of activities (theater, band, mime, and concert performances) that have been well attended. There is no question that the fountain and its surroundings have made this portion of the downtown a very "alive" place, at both day and night. The Central Business District Streetscape Improvement Project is being carried out on Capitol, Washington, and Clinton Streets. Five blocks of these streets are being completely redesigned and rebuilt to improve both their function and appearance. The project includes replacement of underground utilities; removal and replacement of street paving to improve access and service to nearby properties; removal and replacement of sidewalks; the installation of landscape plantings, street furniture and other amenities; and the construction of an attractive central bus transfer area for the three public transit systems serving the greater Iowa City area. The construction of this $1.5 million project is being carried out in three stages. The final stages of the Streetscape Improvement Project will be completed during Spring, 1981. B. Subsurface Improvements: Water, sanitary sewer, and storm sewer systems are in sound condition. Throughout the area, as streets are being upgraded, the subsurface utilities have been evaluated and replaced as necessary. This procedure of protective reinvestment will continue. C. Parking: The City has undertaken an energetic expansion and improvement of the municipal parking system. Two parking structures, together having the capacity to hold over 1,300 cars, are being added to the system. These structures have been attractively designed to be highly functional, and to provide easy external and internal circulation for the public. A 914 car facility, costing over $4 million, is now open on Block 8:. This structure is integrated with Old Capitol Center and will serve the center as well as the nearby portions of the CBD. A second ramp, with a capacity of 450 cars and a designed expansion capacity of an additional 200 cars, is under construction on Block 64, one-half block south of Pparcel 82-11b. This structure is intended to serve the parking needs of the hotel/retail development on Block 64, the new public library, and other nearby CBD activities. These parking structures have been financed through a revenue bond issue, with the bonds to be retired using parking system revenues. I D. Public Library: Ths City is constructing a new enlarged public: library at the corner of College and Linn Streets, one block east of Parcel 82-11b. This library, costing $3.5 million, will serve as a strong pedestrian activity generator and, along with the hotel/retail development, will anchor the east end of City Plaza. Construction began in October•, 1979, and completion is planned for Spring, 1981. E. Senior Center: The City has purchased the old U.S. Post Office, located at the corner of Washington and Linn Streets, and is renovating the structure for use as a multi-purpose senior center. This center will serve to meet many of the service and social needs of greater Iowa City's elderly population. This project, costing $1.2 million, is currently under construction and completion is planned for Summer, 1981. y ys 10 TABLE 3-1 Summary of Project Improvements Improvement Total Cost a. Court Street Improvement Project $ 220,000 b. Burlington Street Improvement Project 460,000 c. Washington Street Semi -Mall (2 blocks in project area only) 462,000 d. College and Dubuque Street: City Plaza 1,800,000 e. Washington Street, Capitol Street, and other• 1,500,000 street improvement and landscaping (budgeted) f. Parking structures (2) 6,000,000 g. New Public Library 3,500,000 h. Senior Center 1.250.000 $15,192,000 11 SECTION IV: THE LAND DISPOSITION PROGRAM FOR PARCEL 82-1b The City is soliciting offers to purchase and redevelop Parcel 82-1b. Specific development requirements and project financing alternatives are set forth below. A. Development Requirements The City has, throughout the redevelopment program, sought to afford developers the maximum possible flexibility in designing a development proposal, consistent with the general Urban Renewal Plan and consistent with the City's determination to protect the existing and planned elements of the CBD. The requirements for development on Parcel 82-1b are set forth below. The City will not consider, nor accept, any proposals which do not meet the requirements set forth herein. — 1. Price The minimum acceptable price for this parcel is $50,000. The City will not accept nor consider any offer to purchase and redevelop this parcel for which the price offered is not equal to or greater than this minimum price. However, this parcel represents a prime location in the CBD, especially with the public improvements in place and the surrounding land uses now known. Therefore, the City believes that the minimum price is well below the true market value. This minimum price has been established in order to encourage and to ensure the development of a well-designed, high quality project. Nevertheless, the establishment of a $50,000 minimum price should not precluae developers from offering a higher price for competitive reasons. 2. Land Use The required use of Parcel 82-1b is for an office/commercial building, with residential units permitted above the first floor. Maximum developable area is 5,325 square feet per floor. 3. Building Height The new development must be at least three (3) stories and a minimum of 37 feet in height, and not greater than 52 feet in height. 4. Design Considerations Because of this parcel's location in the heart of the CBD, the quality of the proposed building's design is important. The following guidelines should be incorporated into the Parcei 82 - lb building design. 997 12 While no specific style is dictated in the building design, the design should complement both the older existing structures in the area and the Governor Lucas Square and City Plaza. B. More specifically: Building design should be in harmony with the adjacent College Block Building. Building lighting should be compatible with the area, and is subject to City review and approval. Lighting should be of a similar level and intensity to the adjacent College Block Building. The present levels of lighting on City Plaza are adequate to illuminate the Plaza area. 3. Building signage should also be compatible with the area, and is subject to City review and approval. Signage should be at a scale appropriate to pedestrian traffic. 4. Building materials should be complementary to the other structures in the area (e.g., size and color of brick, limestone). The scale of the building features should reflect the proportions of the buildings in the area, especially the College Block Building. Plans for refuse disposal and other on-site services must be submitted to the City. These services must be well -screened, and the developer should investigate placement of these services into a basement area. The developer should seek to minimize potential cn- site service conflicts with the College Block Building. The City expects the preferred developer to recognize that the adjacent parcel, the College Block Building, has several features that should be taken into account when developing Parcel 82-1b. Specifically, the College Block Building has a rubble -fill foundation and exposed pilasters on the east exterior wall which could affect 82-1b construction. The City desires the preferred developer to cooperate and consult with the owners of the College Block Building. Parking The City is constructing a parking ramp located diagorally across from Parcel 82-1b. This facility is intended to meet the 13 needs of the hotel and commercial facilities contiguous thereto, as well as the needs of surrounding areas of the CBD. The City also recognizes that additional demand for parking spaces may necessitate enlargement of this facility. The facility is designed to be expanded by two additional levels, which would increase capacity by another 200 cars. However, revenue from parking operations is not sufficient at this time to consider expansion of the parking facilities. Regular hourly rates have been established at 25T per, hour during the day and 50( per night between 10:00 p.m. and 8:00 a.m. Long-term (monthly and quarterly) parking rates may also be available. Alterations in the parking fee shall occur, as occupancy and maintenance costs dictate, and shall be established solely at City discretion. 6. Encroachment into Public Right -of -Way The City may allow encroachment of up to ten feet into the public right-of-way comprised of the public mall space along the east side of Parcel 82-11) (see page of this document) for the purpose of using the space for outdoor and related functions (sidewalk cafes, etc.), support retail space, or other appropriate commercial development space. The City will not allow encroachment of the ground level public right-of-way adjacent to the northeast corner of the parcel because this area has been specifically designed for pedestrian traffic. The City may allow encroachment into the air space above the second floor level. However, developers should be advised that any encroachment into the City Plaza shall be subject to City review and approval. The price, terms, and conditions of such use shall be subject to negotiation with the City. The City shall, have the final approval concerning the construction and design aspects of any development encroaching into the public right-of-way. B. Project Financing The City expects the redeveloper of Parcel 82-1b to be capai,le of securing conventional financing for this project. Therefore, the City shall require that the preferred developer make a substantial, good faith effort to obtain conventional financing under such reasonable terms and conditions as are prevailing in the market place at the time of loan application. The City will offer the use of industrial revenue bond financing for this project only if the preferred developer can demonstrate and document that conventional financing is unavailable. In order to satisfactorily document the unavailability of conventional financing, the preferred developer shall be required to submit to the City not less than four (4) statements from reputable lenders confirming said unavailability and describing the reasons therefor. Zr 14 Upon receipt of a written request from the preferred developer for industrial revenue bond financing, along with the submission of the lenders' statements described above, the City will consider providing industrial revenue bond financing for the proposed project. The City reserves the right to approve or disapprove said request. In the event that said request is approved, the following terms and conditions shall apply: 1. General Conditions: The issuance of Industrial Revenue Bonds would not constitute a financial obligation of the City. Retirement of the bonds would necessarily come entirely from the revenues of the new development. Redevelopers are specifically referred to Chapter 419, Code of Iowa, as amended by house File 81, 1979, regarding the City's authority to undertake such a bond issue. 2. Financing Conditions: The City shall only consider a proposal for Industrial Revenue Bond financing which contains reasonable equity requirements, mortgage duration, debt security, and other terms and conditions which are at least substantially equal to the terms and conditions required in the private mortgage market. It is the City's desire to assure the high likelihood of bond sale at favorable interest cost and the minimum possibility for default. At the time of the written request for Industrial Revenue Bond financing, the preferred developer shall be required to pay to the City a deposit of $15,000 to cover City expenses in determining the acceptability of the Industrial Revenue Bond Proposal. To the extent that said deposit is not necessary to cover City expenses, it shall be refunded. However, in the event of default by the preferred developer prior to issuance of the bonds, said deposit is non-refundable. In addition, the preferred developer shall be required to pay to the City a Financing Fee equal to the sum of: $10.00 per $1,000 of bonds for the first $1,000,000 of bonds; $5.00 per $1,000 of bonds for the next $4,000,000 of bonds; and $2.00 per $1,000 of bonds in excess of $5,000,000 in bonds. This financing fee shall be payable upon issuance'of the bonds. Any proposal to undertake such a bond issue will be evaluated on the City's behalf by the City's land marketing consultants, Zuchelli, Hunter & Associates, Inc., Annapolis, Maryland; the City's municipal finance consultant, Paul D. Speer and Associates, Chicago, Illinois; and the City's Bond Counsel, Ahlers, Cooney, Dorweiler, Haynie and Smith, Attorneys, Des Moines, Iowa. 15 SECTION V: PROCEDURES This Prospectus constitutes the official solicitation of offers to purchase and redevelop Parcel 82 -lb in the Iowa City Urban Renewal Project, following its announced availability through legal notice and other advertising. Any developer intending to submit a proposal must do so by 12:00 Noon (CST), November 12, 1980. Developers are urged to inform the City of their intentions to submit a proposal, in writing, as soon as possible. The written proposal, in order to be considered, must contain the information as set forth in Section VI, Content of Proposals. It should be expressly understood that proposals received later than the time and date set forth above will not be considered. After the formal cut-off dates for proposal receipt, no attempt will be made to withhold the names of those submitting proposals. Much of the information that the potential offeror will need in preparing a proposal is contained in this Prospectus. More detailed and supplemental information is available in a "Proposal Packet" which may be obtained from the Development Division, City of Iowa City, Civic Center, 410 East Washington Street, Iowa City, Iowa 52240. This Proposal Packet contains a copy of the Urban Renewal Plan, proposed form of contract, the proposed form for special warranty deed, statement of the evaluation criteria to be applied to all proposals, redeveloper's statement of qualifications and financial responsibility, redeveloper's statement for public disclosure, and other information. REQUESTS FOR INTERPRETATION PRIOR TO SUBMISSION OF PROPOSALS During the period when proposals are being accepted, no official oral interpretation of the City's requirements will be given to any potential offerors. Requests for official interpretation or clarification must be submitted in writing, and all replies to such requests will be issued as addenda to this Prospectus and sent to all concerned parties. THE SELECTION PROCESS Upon receipt of the written proposals, the City staff and consultants will review and evaluate all proposals. The City Council, will, after recommendations from the staff and consultants, select the preferred developer. The announcement of the preferred developer will be made by the City Council on or before December 9, 1980. The City Council reserves the right to extend the date of said announcement, if deemed necessary. CONTACT WITH DEVELOPERS AFTER SUBMISSION OF PROPOSALS No written or other materials may be submitted to or accepted by the City after 12:00 Noon (CST), November 12, 1980, unless specifically reouested by the City in writing. During the course of reviewing and evaluating the proposals, the City or its consultants may wish to meet with certain developers for further clarification. The City, therefore, reserves the right to initiate such meetings. These meetings, moreover, may be conducted on an individual or collective basis, involving anywhere fror, one to all of the prospective developers. They may be called, however, only at the initiative of the City. 16 Following receipt of development proposals, the City reserves the right to negotiate with developers concerning the terms and conditions of their proposals, so long as any agreed changes do not materially affect the conditions stated herein. CONTRACT WITH PREFERRED DEVELOPER After the City designates a preferred developer, the developer so designated will be expected to execute a land disposition agreement within 120 days. At the conclusion of that period, if the land disposition agreement has not been executed, the City reserves the right, at its sole option, to rescind the designation of the developer or to extend the time period allowed for negotiation and execution of a land disposition agreement. Should the City exercise its option to rescind a developer's designation, the City may initiate negotiations with one of the other developers who submitted a proposal on the parcel, or the City may begin a new selection process. All materials submitted to the City shall become the exclusive property of the City and shall be utilized as the City deems proper. PROJECT EXECUTION Upon execution of the land disposition agreement, the developer shall proceed with the proposed project, in accordance with the terms of the agreement. Full payment of the purchase price is due upon conveyance of title to the developer. DESIGN REVIEW In addition to the administrative code review process required by the City's ordinances, the City Council retains the right to review and approve design plans, specifications, and construction drawings for the proposed development. The City's Design Review Committee and City administrative staff shall assist the City Council in this process. The City pledges that design review shall be conducted in a cooperative and expeditious manner. /ooA 17 SECTION VI: THE PROPOSAL In order to be considered by the City, proposals shall contain five (5) copies of each item of information requested below, be complete as specified, and be received �y the City Clerk, City of Iowa City, no later than 12:00 noon (CST), November 12, 1980, at which time the proposals Shall be opened. After this time, no new proposals shall be accepted and no modifications to those already submitted will be allowed unless specifically requested by the City. In order to minimize the cost entailed in preparing proposals, the City does not require, nor will it accept, any models or other elaborate displays or brochures pertaining to the property to be developed. OFFERS TO PURCHASE All Offers to Purchase must be submitted in substantially the same format as the form furnished by the City and must be complete in all respects. Any additions, deletions, or modifications in the Offer to Purchase must be explained and justified in full detail in a narrative statement attached to the Offer. Materials and forms to be included in the proposal are: 1. Offer to Purchase Land for Private Redevelopment. 2. Redeveloper's Statement of Qualifications and Financial Responsibility. 3. Redeveloper's Statement for Public Disclosure. 4. A complete but unexecuted copy of Part I and Part II of the Contract For Sale of Land For Private Redevelopment. Any additions, deletions, or modifications in the Contract must be explained and justified in full detail in a narrative statement attached to the Contract. 5. A written narrative which sets forth the development which is proposed. The narrative shall contain, at a minimum, the following information: A. The use or uses proposed. B. The height and number of stories in the structure proposed. C. The intensity of the use proposed (e.g., total square footage of commercial space, office space, etc.). D. The estimated total cost of the improvements. E. The amount and likely source of equity capital and the probable amount and source of other financing. State any specific. assumptions which have been made concerning the financing terms deemed necessary for the proposed project. /00J IU F. The proposed timetable for conveyance of title to the land and construction of the development. This timetable shall include dates for submission of preliminary design plans and final construction plans. 6. A written narrative, which sets forth the developer's experience. At a minimum, this narrative must contain: A. A list of other development projects undertaken by the developer and their location, type and size. B. The background of the principal(s) who will be responsible for the Iowa City project. C. The qualifications of other persons or firms who will be involved in the development project. 7. A cashier's check or certified check payable to the order of the City of Iowa City, or a bid bond underwritten by a surety company licensed to do business in the State of Iowa, in the amount of Five Thousand Dollars ($5,000.00). Proposals may contain illustrative site plans, elevation drawings or other drawings which illustrate the intent of the offeror. However, these documents are not required and will not unduly influence the selection of tike preferred developer. Developers and architects should study the Urban Renewal Plan and the area surrounding the development site before preparing site plans, building elevations, or perspectives. Additional information may be required by the City to clarify a prospective developer's plans and intentions. The City reserves the right to request additional information from any prospective developer after offers have been received and opened. Unless modifications are expressly approved by the City, all design concept information submitted by a developer and approved by the City will thereafter be binding upon the developer. Subsequently prepared plans and specifications (whether preliminary or final) must be consistent with, and be a logical development of or reasonably inferrable from, the design information originally submitted. SUBMISSION INSTRUCTIONS Proposals must be submitted to the City Clerk with all supportinq documents in a sealed envelope or other container marked: "Offer to Purchase Land for Private Redevelopment" City of Iowa City, Iowa 100K 19 To be Opened on November 12, 1980. WITHDRAWAL OF PROPOSA No proposals may be withdrawn except by written request by the offeror prior to the opening of proposals. Offers shall remain valid and irrevocable for a period of one hundred forty eight (148) days from the ,date of opening, and shall remain in force thereafter until withdrawn by the offeror in writing. PUBLIC NOTICE AND AWARD OF CONTRACTS FOR PURCHASE Prior to entering into any signed documents or contracts for the purchase and redevelopment of the land, the City will give public notice of intent to enter into a contract for the disposal of project land as provided by the applicable state laws. Following such notice, the City will enter into the contract with the responsible bidder whose proposal, in the sole judgment of the City Council, best conforms to the Urban Renewal Plan and the City's objectives. The right is reserved by the City to accept or reject any or all bids and to waive irregularities in any bid. PROPOSAL EVALUATION CRITERIA I. Development Plan A. Compatibility with Standards, Objectives, and Controls Set forth in the Urban Renewal Plan and Disposition Documents. B. Quality and Creativity of the Design of the Proposed Development. C. The Probability of Achieving Market Acceptance. D. The Timeliness of the Proposed Construction Schedule. E. The Price Offered and Terms. F. Potential Tax Return to the City. II. Developer's Experience and Qualifications A. The Success of Previous Development Efforts B. Public Acceptance of Previous Development, in Terms of Design, Timing of Work, and Functional Relationships. C. Reputation in Regard to Character, Integrity, Judgment, and Competence. D. Similarity between Previous Projects and the Proposed Iowa City Project in Terms of Scale, Character and Location. zo E. Demonstrated Ability to Work with the Public Sector. III. Implementation Ability A. Experience of the Principals and Key Staff which will be involved in Iowa City, in carrying out projects of similar scale and character. B. Availability of sufficient financial resources to assume the necessary development and managerial responsibilities, including the availability and liquidity of working capital and required equity. /00 6 PROJECT AREA MAP WASHINGTON ST Universi D 84 -O Old O Capitol r Center COLLEGE IST __4 Unive sity 3 --83-- D Parking BURLINGTON ST O Z T x7 � Pentacrest 4got Garden ' N Apts. COURT ST LEGEND PROJECT BOUNDARY PARCEL BOUNDARY 00 BLOCK NUMBER L_I U I n r z5 Z [- 0 p � New Z Hawke e C Library rn cn Barber 'i B ockgB 64 Library U / Parking -_ &Loa - r a to a 2 , 3 11 St to irst Ba k eder I aP avin s ou r laza %,enire urge CITY PLAZA College B ock Gov.--� Robert Lucas I Square, 2A R E L Bul ding :g� s.� N SCALE: I"= 40' N �,...........: alley 38.5' H aw keye State Bank Librari FOUNTAIN Hotel Retail Site Parkin Ramp Burlinaton St. /oat RESOLUTION NO. 80-397 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACTS FOR VARIOUS PURCHASES IN ACCORDANCE WITH THE ANNUAL OPERATING BUDGET AND TO EXECUTE CONTRACTS FOR PUBLIC IMPROVEMENTS WHEN THE TOTAL COST OF SUCH PUBLIC IMPROVEMENT DOES NOT EXCEED THE SUM OF $25,000. WHEREAS, the City Council has previously approved purchasing regulations which authorize the City Manager to initiate and enter into contracts for purchases in accordance with the Annual Operating Budget for public improvement contracts wherein the estimated total cost does not exceed ten thousand dollars ($10,000), without prior City Council action, and WHEREAS, said dollar limitation for public improvements contracts has since been changed by state law to the amount of twenty-five thousand dollars ($25,000). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: That the City Manager be authorized to initiate and execute the following contracts on behalf of the City of Iowa City without prior City Council action; 1. Purchases in accordance with the annual operating budget as approved by the City Council; 2. Public improvements contracts where the total cost does not exceed the amount of twenty-five thousand dollars ($25,000). It was moved by Neuhauser and seconded by Lynch that the resolutiona� s read be adopted, and upon roll call there were: AYES: NAYS ABSENT: Balmer Erdahl Lynch Neuhauser Perret Roberts Vevera Passed and approved this 9th day of September , 1980. ATTEST 1 11 IF 11 �.�� , Recover & . .. by The Vys! p•;V°.-ti:irnt SOLUTION NO. 80-398 RESOLUTION APPROVING CLASS C LIQUOR CONTROL LICENSE APPLiC= BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Liquor Control License application� is hereby approveFor the following named person or persona at the following described location: Burcon Inc. dba Time Out Restaurant & Coaches Corner Lounge. 1220 Highway 6 West Said approval shall be subject to any conditions or re- strictions hereafter imposed by ordinance or State law. The City Clerk shall cause a recommendation for approval to he endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond, sketch of the premises and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by that the Resolution there were: Balmer Lynch Erdahl Neuhauser Perret Roberts Vevera Neuhauser and seconded by Roberts as reaT-Fe adopted, and upon io3T—calT AYES: NAYS: ABSENT: x x x x x x x Passed and approved this 16th day of September 1 19 80 M yor Attest: City Clerk 1016 RESOLUTION NO. 80-399 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: Burcon Inc. dba Time Out Restaurant & Coaches Corner Lounge 1220 Highway 6 West 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 byNe�uha_ and seconded by Roberts that the Resolution as read be adopted, and upon rol ca there were: AYES: NAYS: ABSENT: Balmer x Lynch x Erdahl x Neuhauser x _ Perret x Roberts x Vevera x Passed and approved this 16th day of September , 19 80 yor Attest: lz� ::5� City Clerk /0// MUTION NO. 80-400 RESOLUTION APPROVING CLASS C LIQUOR CONTROL LICENSE APPLTifMTM BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class�� , Liquor Control License application is hereby approved for the following named person or persons at the following described location: I.C.B.B., Ltd, dba The Brown Bottle, 114 S. Clinton Said approval shall be subject to any conditions or re- strictions hereafter imposed by ordinance or State law. The City Clerk shall cause a recommendation for approval to he endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond, sketch of the premises and all other information or documents required to the Iowa Beer and Liquor Control Department, It was moved by Neuhauser and seconded by Roberts TT that the Resolution as rea a adopted, and upon—r—ca there were: AYES: NAYS: ABSENT: Balmer x _ Lynch x _ Erdahl x Neuhauser x Perret x Roberts x Vevera x Passed and approved this 16th day of September , 1980 ayor Attest: �i�_ Z_/�_ City Clerk 0/07— lY1 � RESOLUTION NO. 80-401 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: I.C.B.B. Ltd. Dba The Brown Bottle, 114 S. Clinton 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 Neuhauser 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 x Perret x Roberts x Vevera x Passed and approved this 16th 19 80 Attest: �&L_ City Clerk day of September RESOLUTION NO. 80-402 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: Inland Transport Co. dba Kirkwood 76, 300 Kirkwood Av.e 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 Neuhauser and seconded by Roberts that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Balmer x x Erdahl Neuhauser x Perret Roberts x Vevera x x x Passed and approved this 16th day of September , 19 80 . Attest:/ City Clerk RESOLUTION NO. 80-403 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: Inland Transport Co. dba Kirkwood 76, 300 Kirkwood 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 Neuhauser 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 x Perret x Roberts x Vevera x Passed and approved this 16th day of September 19 80 Attest: City Clerk ZESOLUTION NO. 80-404 RESOLUTION TO REFUND BEER PERMIT WHEREAS, Bushnell's Turtle, Inc. at 127 College St. has surrendered Beer Permit No. BB1269 expiring 2/8/81 and requests a refund on the unused portion thereof, now therefore, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that said beer permit be and the same is hereby cancelled, and BE IT FURTHER RESOLVED that the Mayor and City Clerk be and they are hereby authorized and directed to draw a warrant on the General Fund in the amount of $ 75.00 , payable to Ed 2astrow for refund of Beer Permit No.BB1P69 It was moved by Neuhauser 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 x Perret x Roberts x Vevera X Passed and approved this 16th day of September 19 80_ Mayor Attest: ie City Clerk- ESOLUTION NO. 80-405 RESOLUTION TO REFUND A PORTION OF CLASS C LIQUOR LICENSE FEE WHEITAS, Bu Jo Corp. dba/ Burt's Lounge at 1310 Highland Ct. has surrendered Liquor License 8 13443 to the Iowa State Beer 6 Liquor Control Department, and has received the State share of 3S% of quarter of the liquor license fee, and, WHEREAS, the above licensee has applied for refund of the City' share of 6S% of quarter of the liquor license fee, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the Mayor and City Clerk be authorized and directed to draw a warrant on the General Fund in the amount of $ payable to Bu Jo Corp. 1815 Graslon Dr. for refund of portion of Liquor License P 13443 It was moved by Neuhauser and seconded by Roberts that the kcsolution 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 this 16th day of September 1980 ATTEST: City Clerk 14 1o/7 RESOLUTION NO. 80-406 RESOLUTION REJECTING BIDS TAKEN SEPTEMBER 10, 1980, AND DIRECTING CITY CLERK TO PUBLISH NEW NOTICE TO BIDDERS AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS FOR THE CBD STREETSCAPE IMPROVEMENT PROJECT PHASE II -C. WHEREAS, notice of public hearing on the plans, specifications, form of contract and estimate of cost for the construction of the above-named project was published as required by law, and the hearing thereon held, and WHEREAS, bidding was held on September 10, 1980, in the Civic Center, no acceptable bids were received and the project should therefore be set for rebidding, and WHEREAS, the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project remain on file with the City Clerk, and WHEREAS, the amount of bid security to accompany each bid for the construction of the above-named project had earlier been set in the amount of $10,000 payable to Treasurer, City of Iowa City, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the bids received at the Civic Center on September 10, 1980, are unacceptable and hereby rejected. 2. That the City Clerk is hereby authorized and directed to publish notice for the receipt of bids for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the city not less than four (4) nor more than twenty (20) days before the date established for the receipt of bids. 3. That bids for the construction of the above-named project are to be received by the City of Iowa City, Iowa, at the Office of the City Clerk, at the Civic Center, until 10:30 a.m. on the 1st day of October, 1980. Thereafter, the bids will be opened by the City Engineer or his designee, and thereupon referred to the Council of the City of Iowa City, Iowa, for action upon said bids at its next meeting to be held at the Council Chambers, Civic Center, Iowa City, Iowa, at 7:30 p.m. on the 7th day of October, 1980. It was moved byyevera and seconded by Roberts the Resolution be adopted, and upon roll call there were: AYES X NAYS: ABSENT: x X X X X Passed and approved Balmer Raceivsd & Apprmved X Erdahl 6Y The Loyal L)bpa*," Lynch _ Neuhauser _ Perret Roberts Vevera this 16th day of September 19 80 ATTEST: er ATTACHMENT 1 RESOLUTION NO. 80-407 Resolution authorizing filing of application with the Environmental Protection Agency, United States of America, for a Grant under the Water Pollution Control Act, (33 U.S.C. 1251 et seq.). WHEREAS, under the terms of the Water Pollution Control Act (33 U.S.C. 1251 et seq.), the United States of America has authorized the making of grants to authorized applicants to aid in the construction of specific public projects, and WHEREAS, the City Council of the City of Iowa City has the legal authority to apply for the grant and to finance, construct and operate the proposed facility, and WHEREAS, the City Council of the City of Iowa City desires that the City Manager, Neal G. Berlin, be authorized to make application for a grant under the Water Pollution Control Act. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, 1. That the Mayor and City Clerk of the City of Iowa City, are hereby authorized to execute this Resolution, and 3 2. That Neal G. Berlin, City Manager, is hereby authorized to execute and file an application on behalf of the City of Iowa City, Iowa, with the United States Government for a grant in aid in the preparation of plans and specifications for the Southeast Interceptor System, University Heights System and Sewer System Rehabilitation - Step 2 Grant and he is hereby authorized and directed to furnish such information as the Environmental Protection Agency may reasonably request in connection with such application and to sign all necessary documents and receive payment. It is moved by Neuhauser and seconded by Lynch that the Resolution 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_ s 1980. 4ayor ATTEST: lnsvw: 4 io/9 Resolution No. 80-407 Page 2 CERTIFICATE OF RECORDING OFFICER The undersigned duly qualified and acting City Clerk of the City of Iowa City, Iowa, does hereby certify; That the attached resolution is a true and correct copy of the resolution authorizing the filing of application with the Environmental Protection Agency, as regularly adopted at a legally convened meeting of the City Council, duly held on the 16th day of Sep ber 1980; and, further, that such resolution has been ully recorePitun the journal of proceedings and records in my office. IN WITNESS WHEREOF, I have hereunto set my hand this 17th day of September 1980. By City Clerk 5 PART CONSTRUCTION GRANTS OR COOPERATIVP AGREFFIENTS OV9 Ary°v°i b .}ROIDO •. HUM,!! 3. STATE •. NUM,tt FEDERAL ASSISTANCE 2. APPU APRU- UNT'S CATION 1. TYPEAMU• PRFAffUCATION OF ACTION �] APPUCATION 1. DATE Yror rA /er Ir 80 8 15 1. DATE Y -,C) ssrGNtD lr -14 Ir CATION IDENTI- FIER L,,,, (M•'A .r ❑ NOTIFICATION OF INTENT Opt.) �114r" ❑ REPORT OF FEDERAL ACTION Bb+i i. "GAL APFUUNi/REOPIFM City of Iowa City 5. FEDERAL EMPLOYER IDENTIFICATION NO. . D,�. .w4• DN C i ty A3.e4/PD. {u Civic Center, 410 E. Washington St. "0. •. „DM,N 16161+14111q /, Olt Iowa City ••D -•„Y - Johnson 1.4w Iowa IF. ZIP CJ 52240 Neal G. Berlin 319-354-1800 GRA•! F;,,r �r°/aF 7T^u Construction grants for wastewater treatment works 3 IJUN 7. TITLE AND DESCRIPTION Of APPT'S PROJECT {. TYPE OF APPLICANT/tECIMENT A- Mn• Il. (wry A.r Ae-n Southeast Interceptor System, University Heights System and Sewer System Rehabilitation Plans and Specifications (Step 2 Grant)j o- �, N•e.+ E.rrr •F,n♦ ,, Irtw 'IE I 9. TYPE OF ASSISTANCE A- ".. G" D- R- S,Ppl+�.n.+l G,•n, 1- o.... s+,.. •Jro� �i�� C- Len v^°rr rrRrN111-1151 O 10. AREA OF PROJECT IMPACT TA'•n.n °Jnr., m.+urA Smo-A nr) Iowa City University 11. ESTIMATED NUM. {ER OF PERSONS {ENENTING 12. TYPE OF APRIICATION A- N.. C- Rs1.:« t- A,.y..me.�. ,- ,.....d D- CMA,wai•n Enrrr •ppN+Pwrr Inrr OO 13. PROPOSED FUNDING IA, ONGRESSIONAL DISTRICTS OF, 15, TYPE OF CHANGE (fol IJ 1.117 rJ A- I-_ _ Dells. 1- pl.•. (Sp ,(,)' C-; . • !!D! W E f p0 • AlrUCAH7 First \. PIOIIR First . APRKANI 00 Eu-- b..reWww, F.+rrr p-" /nr,NA 1 STATE 16. PROJECT STMT DATE Yro, morA d° 1F 117. PROJECT DURATION Mmr4 / LOCAA .W • OIHIt p0 19. ESTIMATED DATE TO Yror mw,A dol 10 FEDERAL,Ulm, HCV 10 1,80 9 15 19. EXISTING FEDERAL IDENTIFICATION NUM{EX C190830 1 102A1 s .� 70. FEDLRAL AGENCY TO RECEIVE REQUEST IN,-, C.rr. Smrr. ZZPm,) 21. REMARKS ADDED EPA, Re ion VII Kansas City, Missouri 64106 ❑Y+. [R Ne p THE APPLICANT CERTIFIES THAT •. T. M Ree 0 q b.rl.dp• •J 14..1. /'•+ " •r"' W^PN'r..'•^/•Pel.,uw en I..n e,.d a....r., A.• +I M. 1.Ir NMJ -Ari- w �H Rr1.•..wPI•wu V Alwra 1 M ,.eoned 1, ORAE G,w. A-15 h...eliee,vn v, w4.MW, rvnwn, M N. n. Rrywrr «,. Hw4n, N sPrw.e.• d.w,npM•r.+. en1 MI mPew. en .I. spoor .rruAN read, (H OPP ❑ State l Iowa Association of 111 UI ❑ >t 73. CERTIFYING sEni.nvE • TMD NAMI AND TIT" Neal G. Berlin U SKr URE � y A DAFT SrONED n ') •IY'°;'"°"'" `" SE "i� ILJ'�LI 21. AGENCY NAME 75. APPIICA. 1'ror _o ,A dol TION RECEIVED 11 26. ORGANIZA7IOHAL UNIT 77. ADMINISTRATIVE OFFICE 29. FEDERAL APPLICATION a IDENTIFICATION i 29. ADDRESS 30. FEDERAL GRANT IDENTIFICATION 31. ACTION TAKEN ❑ •. AWARDED 32. FUNDING Yror n.,A d.P 33. ACTION DATE ► 34. Y., -14 d°F STARjTING DATE1t '� FIDIW I .D0 1 AmKANT IOD 'f 35. CONTACT FOR ADDITIONAL INFORMA- +°. TION (N.m, •.d uLpAw .6rr1 yE5 ❑ 1. REJECTED O RETURNED FOR 36. Yr•r •wrA dol ENDING DATE 1t c STATE .W AMEHOMi NT d. IOCAI IOD 37. REMARKS ADDED O d. DEFERRED O.. WITHDRAWN 0 Yr ❑ W - •, OTHER .W 1. TOTAA 1 .W 36. •. r•1:.p ell• em•w. sn r•r..M1 ,.o:.W F.. d..,ieRl...n ere 1. FINIAL AGENCY A-95 WKIA1 e.ed..N. H ep.KY r+.P•nr H .I.r• .•d•. r 1. 0." Z.V•+,r •Ad nlrpAo+r +ol FEDERAL AGENCY C: A -t5. n Nr 1•.n w 1 1-, ..J°. A-95 ACTNJN 424.102 RTMgMO 1p U• PAG( I IR•'. r47I /Hunte r, OLP Cn. ,'401 EPA F.,. 5700-32IRe.. 10_79) PAGE 2 OF 19 PART II PROJECT APPROVAL INFORMATION Fo. nvP.o.,e SECTION A OA111 No. 118•RO134 Item 1. Iowa Department of Does this assistance request require State. local, Name of Governing Body Envi ronmental D raIitV regional, or other priority rating? Priority Rating 21 67 X Yes No Item 2. Iowa Department of Does this assistance request require State, or local Name of Agency or advisory, educational or health clearances? Board Environmental Quality X Yes—No (Attach Documentation) Item 3. Does this assistance request require clearinghouse review in accordance with OMB Circular A.95? _ X Yes—No Item 4. Does this assistance request require State, local regional or other planning approval] ._Yes _No (Attach Comments) East Central Iowa Association of Regional Planning Commissions State Office for Name of Approving Agency PI anni n9 and Progyappgi ng Date Item 5. Is the proposed project covered by an approved Check one Slate. ❑ comprehensive plan? Loral [� Regional ❑ —Yes—No Location of plan Item G. %Vill the assistance requested serve a Federal installation? _Yes XNo Item 7. Will the assistance requested be on Federal land or installation? Name of Federal Installation Federal Population benefiting from Project_ Name of Federal Inst Location of Federal I Percent of Project _ Yes X No Item 8. Will the assistance requested have an impact or effect See instruction for additional information to be on the environment? provided. _Yes X No Item 9. Number of: Has the project for which assistance is requested caused. Individuals since January 1, 1971, or will rt cause, the displacement Families of any individual, family, business, or farm? Businesses— Farms- -Yes usinessesFarms_Yes X No Item 10. Is there other related Federal assistance on this See instructions for additional information to be project previous, pending, or anticipated? provided. X Yes—No Step 1 Grant - Facility Plan Item 11. Is project in a designated flood hazard area? Yes XNo EPA Fo,m 5700-32 (R... )0-79) PAGE a OF 19 Form Approved OAfBNa. /38.20134 PART II —SECTION B 11. SITES AND IMPROVEMENTS: Not required, Attached as exhibits Applicant intends to acquire the site through: I f rp[ju ixiadEminent domain, X Negotiated purchase, Other means (specify) 12. TITLE OR OTHER INTEREST IN THE SITE IS OR WILL BE VESTED IN: X Applicant, Agency or institution operating the facility, Other (specify 13. INDICATE WHETHER APPLICANT/OPERATOR HAS: N/A Fee simple title, Leasehold interest, Other (specify) 14. IF APPLICANT/OPERATOR HAS LEASEHOLD INTEREST. GIVE THE FOLLOWING INFORMATION: a. Length of lease or other estate Interest , and number of years to run b. Is lease renewable) Yes No c. Current appraised value of land S N/A d. Annual rental rate S 15. ATTACH AN OPINION FROM ACCEPTABLE TITLE COUNSEL DESCRIBING THE INTEREST APPLICANT OPERATOR HAS IN THE SITE AND CERTIFYING THAT THE ESTATE OR INTEREST IS LEGAL & VALID 16. WHERE APPLICABLE. ATTACH SITE SURVEY. SOIL INVESTIGATION REPORTS AND COPIES OF LAND APPRAISALS. 17. WHERE APPLICABLE, ATTACH CERTIFICATION FROM ARCHITECT ON THE FEASIBILITY OF IMPROVING EXISTING SITE TOPOGRAPHY. 18. ATTACH PLOT PLAN. 19. CONSTRUCTION SCHEDULE ESTIMATES:—Not required,— Being prepared, -LAttached as exhibits Percentage of completion of drawings and specifications at application date: See Facility Plan Schematics n % Preliminary % Final 0 % 20. TARGET DATES FOR: Bid Advertisement N/A Contract Award Construction Completion Occupancy 21. DESCRIPTION OF FACILITY: Not Required X Attached as exhibits Drawings — Attach any drawings which will assist in describing the project. See Faci 1 i ty Plan Specifications — Attach copies of completed outline specifications. (If drawings and specilicabons have not been fully completed, please attach copies or working drawings that have been completed.) NOTE: ITEMS ON THIS SHEET ARE SELF EXPLANATORY; THEREFORE, NO INSTRUCTIONS ARE PROVIDED. PAGE 9 OF 19 EPA Fonv 5700-32 (R., 10_79)( I&e 44 Form Approved OMB No. 138.R 0134 PART III —BUDGET INFORMATION —CONSTRUCTION cc CTION A — GENERAL 1. Federal Domestic Assistance Catalog No ..................... _ 66.418 2. Functional or Other Breakout ............................ SECTION B — CALCULATION OF FEDERAL GRANT Cost Classification Use only for nevi cion s/o vgmonlvtion Total Amount Required Latest Approved Amount Adjustment + or I—) L Administration expense 3 S S 2. Preliminary expense 3. Land structures, right-of+vay , 4. Architectural engineering basic lees 72� 21q 5. Other architectural engineering lees 6. P�c�1x�iSnil Investigat 11 76.9 7. Land development 8. Relocation Exrxnses 9. Relocation payments to Individuals and Businesses 10. Demohoon and removal 11. Construclion and project improvement 12. Equipment 13. Miscellaneous 14. Total (Lines 1 through 13) 795,000 15. Estimated Income (if applicable) 16. Net Project Amount (Lina 14 mrhus 15) 17. Less: Ineligible Exclusions 18. Add. Contingencies 25,000 19. Total Project Amt. [Excluding Rehabilitation Grants) 20. Federal Share requested of Line 19 7EX 615,000 21. Add Rehabilitation Grants Requested (100 Percenrl 22. Total Federal grant requested (Linc 20 & 211 23. Grantee share 20c%/ 164,000 24, Other shares State 5% 25. Total project (Lines 22, 23 & 24) S S $ 820"000 PAGE 9 OF 19 EPA Farm 5700-32 (Rev. 10-79) /O,Zo Foern Approved OMB No. 138-R0134 EPA F.rrn 5700_77 (R•v. 10-79) PART IV PROGRAM NARRATIVE (Attach—See Inairtrctiona) PAGE 11 OF 19 SECTION C — EXCLUSIONS 26 Classdioeaon Ineligible lar P.rbu pab on Excluded from Conting.ncr Proeis,on ' (2) a. S S b. C. d. e I. 9 Totals S S SECTION D --PROPOSED METHOD OF FINANCING NONFEDERAL SHARE 77. Grantee Share $ 164,000 a Secanbes b. Mortgages c. Appropnabons (BY Applicant) d. Bonds 164,000 e. Ta. Levres f. Non Cash 9. Other (E.plain) It. TOTAL — Grantee share 164,000 7B. Other Shares a. State 41 .000 b. Other c. Total Other Shares 41,000 79. TOTAL S 205,000 SECTION E — REMARKS EPA F.rrn 5700_77 (R•v. 10-79) PART IV PROGRAM NARRATIVE (Attach—See Inairtrctiona) PAGE 11 OF 19 Form Approved PART IV - NARRATIVE STATEMENT Section D OMBVa. 158RO134 SUMMARY OF COSTS OF PLANNED TREATMENT WORKS MUNICIPALITY (Applicant): APPLICANT'S APPLICATION NO. SCHEDULED BY PROJECT AND CATEGORY /Read instructions ort reverse before cornplefing forum) City Of IOWA City C--I-U83.1oL •a. b. C. d. C. - PROJECT PROJECT PROJECT PROJECT TOTAL ALL SEQUENCE SEQUENCE SEQUENCE' SEQUENCE PROJECTS Z 3 fFsr OJECTSTEP STEP STEP STEP STEP e .�aTIMATED CALENDAR QUARTER/ +3YEAR APPLICATION WILL BE SUBMIT. 3/80 382 z`'""�{�nr D TO EPA FOR FUNDING $ $ $ $ $ a. CATEGORY I Secondary Treatment and BPWTT h. CATEGORY II ' Store Stringent Treatment c. CATEGORY IIIA Inliitrxlion/InnowCorrection 30,210 160;000 190,000 d. CATEGORY ME Seiner System Replacement aeh:m I-e,tmn e CATEGORY IVA pew CaBettwr, and Appurtenance. 789,790 11 0 11 21.0- 11 801 000 !. CATEGORY IVB New Into rc e0 tors and Appurtenances g. CATEGORY V Corrcc tronnfCom hived Sewer Overnows L. CATEGORY VI Treatment and/or Control of Slnrrnoaters a. PREVIOUSLY T TOTAL COST FUNDED § _O_ § _O_ $ § § -0- OF STEP 2 5. AND STEP 3'L PROJECT§ b. PLANNED § 820,000 §11,1.71,21 s AA -COST OF ALL *� r PLANNED BUT UNFUNOEDPROJECTS § TO RE INCLUDED IN THE ENTIRE GRANT e.•s R'``i :r 11,991,21 STEP 1 PROJECT COST x n A •' PRQJEGTNO. c 190830 _0 439,00 COST ESTIMATES OF PLANNED PROJECTS WERE COMPUTED AS OF 3/80 AND REFLECT THE LATEST B (MONTH AND YEAR) 3159 CONSTRUCTION COST INDEX OF AS REPORTED BY THE ENGINEERING NEWS RECORD, 9a ESTIMATES PREPARED/VERIFIED BY 9b. REVIEW AND APPROVAL BY STATE AGENCY NAME 1111easepr^nr/ DATE NAME (Please Print) DATE J. 1'1. Kim pugust 29, 1980 ORGANIZATION ORGANIZATION Veenstra & Kinlm Inc. AREA CODE UMBER SIGNATURE TELEPHONE I I NUMBEEA ,,17 515 , 225-8000 SIGNATUR / , 9c. REVIEW AND APPROVAL BY EPA REGIONAL OFFICE NAME (Pleaseprinr) GATE - r/ SIGNATURE ' The Step l' project, if any, will be reported on line 1. • • If no Step 1 project was funded by EPA, insert N/A. EPA Foam 5700_72 (Rev. 10-79) PAGE Tb'oF 1B /Q O 0 Form Approved OMB No. 15&RO 134 PART V ASSURANCES The applicant hereby agrees and cenllms that fie will comply with the regulations, policies, guidelines and requirements, including office of Management and Budget Circulars No. A-95 and A-102. and Federal Management Circular 744 as they relalo to the application, acceptance and use of Federal funds for this federally -assisted Pmjoct.'Alsla,- the applicant agrees and certifies with respect to the grant that' I. It possesses legal authority to apply for the grant, and to finance and construct the proposed facilities; that a resolution, motion or similar action has been duly adopted or passed as an official act of the applicant's governing body. authorizing the tiling of the application, including all understandings and assur- ances contained %herein, and directing and authorizing the per- son identified as the official representative of the applicant to act in connection with the application and to provide such adddtoral Information as may be required. 2. It will comply with the provisions of: Executive Order 119118. relating to evaluation of potential effects of any actions in a floodplain, Executive Order 12088, relating to the prevention, control and abatement of water pollution, and Executive Order 11990. relating to minimizing harm to wetlands. 3. It will have sufficient funds available to meet the non -Feder- al share of the cost for construction projects. Sufficient funds will be available when construction is completed to assure ef- lerhve operation and maintenance of the facility for the purpos- es constructed. 4 It will obtain approval by the appropriate Federal agency of the final working drawings and specifications before the project is advertised or placed on the market for bidding; that it will construct the project, or cause it to be constructed. to final rompletion in accordance with the application and approved Plans and specifications, that it will submit Io the appropriate Federal agency for prior approval changes that alter the costs of the project. use of space, or functional layout, that it will not on - ter Into a construction contract(s) for the project or undenake other activities until the conditions of the construction grant program(s) have been met. 5 II will provide and maintain competent and adequate archi. tectural engineering supervision and inspection at the construc- tion site to insure that the completed work conforms with the approved plans and specifications: that it will furnish progress reports and such other information as the Federal grantor agen- cy may require. 6 It will operate and maintain the facility in accordance with the minimum standards as may be required or prescribed by the applicable Federal. Slate and local agencies for the mainly nance and operation of such facilities 7 It will give the grantor agency and the Comptroller General through any authorized representative access to and the fight to examine all records, books. papers, or documents related to the grant. EPA Ferm 5700-32 (Rev. 10-79) B. It will require the facility to be designed to comply with the "American Standard Specifications for Making Buildings and Facilities Accessible to, and Usable by, the Physically Handi. capped," Number At 17.1-196% as modified (41 CFR 101-17.703). The applicant will be responsible for conducting inspections to insure compliance with Ihese speciFcations by the contractor. 9 It will cause work on the project to be commenced within a reasonable time after receipt of notification from the approving Federal agency that funds have been approved and that the prof. ect wi II be prosecuted to completion with reasonable diligence, 10. 11 will not dispose of or encumber its title or other interests in the site and facilities during the period of Federal interest or while the Government holds bonds, whichever is the longer. 11. It will comply with Title VI of the Civil Rights Act of 1964 (P.L. 83.352) and in accordance with Title VI of that Act, no per. son in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discriminalion under any program or activity for which the applicant receives Federal financial assistance and will immediately take any measures necessary to effectuate this agreement. If any real property or structure thereon is provided or improved with the aid of Feder. al financial assistance extended to the Applicant. this assurance shall obligate the Applicant, or in the caro of any transfer of such properly, any transferee, for the period during which the real property or structure is used for a purpose for which the Federal financial assistance is extended or for another purpose involving the provision of similar services or benefits. 12. II will establish safeguards to prohibit employees from us Ing their positions for a purpose that is or gives the appearance of being molivated by a desire for private gain for themselves or others. particularly those with whom they have family, business, or other lies. 13. It will comply with the requirements of Title 11 and Title III of the Uniform Relocation Assistance and Real Property Acquisi- tions Act of 1970 (P L. 91-646) which provides for fair and equi- table treatment of persons displaced or whose property is ac- quired as a result of Federal and federally assisted programs. 14. It will comply with all requirements imposed by the Federal grantor agency concerning special requirements of law, pro- gram requirements, and other administrative requirements ap- proved in accordance with OMB Circular No. A-102. 15. It will comply with the provisions of the Hatch Act which limit the political activity of employees. PAGE 10 OF 19 /��a 16 II will comply with the minimum wage and maximum hours provision of the Federal Fair Labor Standards Act• as they apply to employees of institutions of higher education, hospitals. other non-profit organizations, and to employees of State and local governments who are not employed in integral operations in areas of traditional governmental functions. 17. It will insure that the facilities under its ownership, lease or supervision which shall be utilized in the accomplishment of the P, elect are not listed on the Environmental Protection Agency's (EPA) list of Violating Facilities and that it will notify the Federal graAlor agency of the receipt of any communication from the Director of the EPA Office of Environmental Review indicnlln, that a facility to be utilized in the project is under consider— ation for listing by the EPA. 18. II will comply with the flood insurance purchase require- ments of Section 102(x) of the Flood Disaster Protection Act of 1973. Public Law 93-234, 87 Stal. 975, approved December 31, 1976. Section lo2(a) requires, on and after March 2, 1975. the purchase of flood insurance in communities where such insur. ance is available as a condition for the receipt of any Federal financial assistance for construction or acquisition purposes for use ,n any area that has been identified by the Secretary of the Deparimenl of Housing and Urban Development as an area hav- ing special flood hazards. The phrase -'Federal financial assist- ance" includes any form of loan, grant, guaranty, insurance CITY OF IOWA CITY, IOWA Form Approved OMB No. 158-R0134 payment, rebate, subsidy. disaster assistance loan or grant, or any other form of direct or indirect Federal assistance. 19. It will assist the Federal grantor agency in its compliance with Section 106 of the National Historic Preservation Act of 1966 as amended (16. U.S.C. 47), Executive Order 11593, and the Archeological and Historic Preservation Act of 1974 (16 U.S.C. 469a-1 er Seq) by (a) consulting with the Slate Historic Preservation Officer on the conduct of investigations, as neces- sary, to identify properties listed in or eligible for inclusion in the National Register of Historic Places that are subject to ad. verse effects (see 36 CFR Part 600.8) by the activity, and notify. Ing the Federal grantor agency of the existence of any such properties, and by (b) complying with all requirements estab- lished by the Federal grantor agency to avoid or mitigate ad- verse effects upon such properties. 20. It will comply with all applicable requirements of Section 13 of the Federal Water Pollution Control Act Amendments of 1972 (P.L. 92-500) if the grant is available under any grant au- thority of that Act, which provides that no person in the United States shall, on the ground of sex be excluded from participation in, be denied the benefits of. or be otherwise subjected to dis- crimination under any program or activity under the said Federal Water Pollution Control Act Amendments for which the applicant received financial assistance and will take all necessary mea- sures to effectuate this agreement. By 4 e, Aut rized �eppesep)� blve t 1980 .US 19F503-5031210 EPA Form 5700-32 (Rev. 10_791 PAGE 19 OF 19 /a�be ATTACHMENT NO. 2 STATEMENT BY APPLICANT This is to certify that the applicant, the City of Iowa City, Iowa, in making this application for a Step 2 grant under EPA Grant Program 66.418, Construction Grants for Wastewater Treatment Works, certifies that the proposed project will be constructed to comply with all pertinent requirements of the Clean Air Act as amended in August, 1977, and all applicable local environmental laws and regulations. CITY OF IOWA CITY, I014A By uthorized Representative LI- f' 1980 1980 1p,?a I ATTACHMENT 3 STATEMENT The name, address and telephone number of the consulting engineer is as follows: Veenstra & Kimm, Inc. Engineers & Planners 300 West Bank Building 1601 22nd Street West Des Moines, Iowa 50265 515-225-8000 CITY OF IOWA CITY, IOWA By thorized Representative '1980 1980 N /0,761 ATTACHMENT 4 STATEMENT The City has, after extensive negotiations, approved a contract with Veenstra & Kimm, Inc., for the work to be done under this grant. A copy of Resolution No. authorizing the mayor and city clerk to execute the contract and a copy of the unsigned contract are attached. EPA 5700-41 forms for each of the work tasks set forth in the contract are included with the unsigned contract. Veenstra & Kimm, Inc. has selected an engineering MBE to meet EPA requirements related to MBEs. Veenstra & Kimm, Inc., has not, as of this time, negotiated contract with the MBE because the project has yet to be approved by EPA and IDEQ. Veenstra & Kimm, Inc., is reluctant to negotiate the MBE contract until the project is approved. The contract for the soils investigations will be awarded by competitive bid soliciations. Construction contracts for the Southeast Interceptor System, University Heights System and Sewer System Rehabiliation will be awarded by competitive bidding as required by Iowa law and the Federal Construction Grant Regulations. The construction contracts will not be awarded until IDEQ and EPA have approved the plans and specifications and a Step 3 grant for the construction of these facilities has been awarded by IDEQ and EPA. CITY OF IOWA CITY, IOWA By Authorized epresentative -- SEp 2 '; ;969 , 1980 ATTACHMENT 5 STATEMENT It is planned that monthly requests will be made for partial grant payments following the date of acceptance of the grant offer in accordance with the following schedule: Days After Date of Acceptance of Grant Offer Amount 60 $ 36,000 90 36,000 120 36,000 150 36,000 180 36,000 210 36,000 240 36,000 270 36,000 300 36,000 330 36,000 360 36,000 390 36,000 420 36,000 450 36,000 480 36,000 510 36,000 540 39,000 CITY OF IOWA CITY, IOWA By Authorized Representative SEP % 3 '1980 1980 /o,7 if ATTACHMENT 6 ASSURANCE WITH RESPECT TO REAL PROPERTY ACQUISITION OF TITLE III OF THE UNIFORM RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION POLICIES ACT OF 1970 The City of Iowa City, Iowa, hereby assures that it has authority under applicable state and local law to comply with Section 210 of the Federal Act entitled "The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970," approved January 2, 1971 (Public Law 91-646, 91st Cong. S.1, 84 Stat. 1894) and certifies, assures, and agrees that, notwithstanding any other provision set forth in any application, contract, or• agreement with respect to the application identified as No. 190830 04: It will fully comply with the requirements of Subpart F of 40 CFR 4; It will adequately inform the public of the acquisition policies requirements, and payments which apply to the project; It will make every reasonable effort to acquire real property expeditiously through negotiation; Before the initiation of negotiations it will have the real property appraised and give the owner or his representative an opportunity to accompany the appraiser during inspection of the property; Before the initiation of negotiations it will establish an amount which it believes to be just compensation for the real property, and make a prompt offer to acquire the property for that amount; and at the same time it will provide the owner a written statement of the basis for such amount in accordance with 40 CFR 4.602. Before requiring any owner to surrender possession of real property it will pay the agreed purchase price; or deposit with the court, for the benefit of the owner, an amount not less than the approved appraisal of the fair market value of the property; or pay the amount of the award of compensation in a condemnation proceeding for the property. It interest in real property is to be acquired by exercise of the power of eminent domain, it will institute formal condemnation proceedings and not intentionally make it necessary for an ower to institute legal proceedings to provide the fact of the taking of his real property; and It will offer to acquire the entire property, if acquisition of only part of a property would leave its owner with an uneconomic remnant. References to 40 CFR are citations to Title 40, Code of Federal Regulations, Part 4, published in the Federal Register Vol. 39, No. 54, March 19, 1974. -1- I This document is hereby made part of and incorporated in any contracts or agreement, or any supplements and amendments thereto, relating to the above -identified application and shall be deemed to supersede any provisions therein to the extent that such provisions conflict with the assurance or agreements provided herein. CITY OF IOWA CITY, IOWA By,/ Authorized Representative SEP % 3 1980 1980 -2 - i COMMEPCC CIVIC CENTER, 4 1 E. WASHINGTON ST. 0 a !e /r{ /r{./// IOWA CITY. IOWA 52240 1 V V f/T/ 319-354900 m K�7� IOWA CITY, IOW re...e.a uv SEP 1 ,� 1980 Mr. Allan S. Abramson Water Division Environmental Protection Agency 324 East 11th Street Kansas City, Missouri 64108 Dear Mr. Abramson Reference is made to our pending grant application number C190830 04. We have reviewed the regulations pertaining to user charge, industrial cost recovery and sewer use ordinance provisions of the FWPCA as amended by the Clean Water Act of 1977 (Public Law 95-217), and hereby give notice that the City of Iowa City, Iowa, intends to comply with the regulations as published in 40 CFR 39.900-35.960, Federal Register Volume 39, No. 29, dated February 11, 1974, as well as those additions and revisions in Federal Register Volume 43, No. 80, dated April 25, 1978. Sincerely your, CITY OFIOWA CITY, IOWA By Neal G. Berlin Authorized Representative /0,? o I UNITED STATES ENVIRONMENTAL PROTECTION AGENCY ASSURANCE OF COMPLIANCE FOR TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 AND SECTION 13 OF THE FWPCA AMENDMENTS OF 1972 NAME AND ADDRESS OF APPLICANTIRECIPIENT (Hemmalrer called ASSUROR) City of Iowa City Civic Center 410 East Washington Street Iowa City, Iowa 52240 GRANT IDENTIFICATIO (To be completed by EPA) S 615,000 ❑DEMONSTRATION El RESEARCH ❑TRAINING MOTHER (Specify): Construction CHECK ONE: ®NEW ❑CONTINUATION HEREBY AGREES Tit AT IT will comply with Title VI of the Civil Rights Act of 1964 (P.L. 88-352) and all requirements of the U.S. Envuonmental Protection Agency (hereinafter called -EPA') issued pursuant to that title, to the end that in accordance with Title VI of that Act, no person in the United States shall, on the ground of race, color, or national origin be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the Assuror receives financial assistance from EPA and hereby gives assurance that it will now and hereafter take all necessary measures to effectuate this agreement. HEREBY AGREES THAT IT will comply with all applicable requirements of Section 13 of the Federal Water Pollution Control Act Amendments of 1972 (P.L. 92-500) and all requirements of EPA issued pursuant to that section, to the end that in accordance with that section of that Act, no person in the United Stales shall, on the ground of sex be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity under the said Federal Water Pollution Control Act Amendments for which the Assuror receives financial assistance from EPA and hereby gives assurance that it will now and hereafter take all necessary measures to effectuate this agreement. If any real property or structure thereon is provided or improver) with the aid of financial assistance extended to the Assuror by EPA, this Assurance obligates the Assuror, or, in the case of any transfer of such property, any transferee for the period, during which the real property or structure is used for a purpose involving the provisions of similar services or benefits. If any personal property is so provided, this Assurance obligates the Assuror for the period during which it retains ownership or possession of the property. In all other cases, this Assurance obligates the Assuror for the period during which the financial assistance is extended to it by EPA. THE ASSURANCE is given in consideration of and for the purpose of obtaining any and all Federal grants, loans, contracts, property discounts or other financial assistance extended after the date hereof to Elie Assuror by EPA including installment payments after such date on account of arrangements for Federal financial assistance which were approved before such date. The Assuror recognizes and agrees that such Federal financial assistance will be extended in reliance on the representations and Igreemenis made in this Assurance and that the United States shall reserve the right to seek judicial enforcement of this Assurance. Ibis Assurance is binding on the Assuror, its successors, transferees, and assignees, and the person or persons whose signature Ippear below are authorized to sign this Assurance on behalf of the Assuror. the obligations assumed by the Assuror hereunder are in addition to any obligations which may be imposed on the Assuror by Ipplicable regulation now outstanding or which may hereafter be adopted by EPA to effectuate any provision or goal of the Title VI and Al applicable requirements of the said Section 13, and no part of this Assurance shall be read so as to in any letmct from or modify any obligation which may be imposed on the Assuror by any such regulation standing alone. SIGNATURE OR BY PRESIDENT, CHAIRMAN OF BOARD OR COMPARABLE AUTHOR I2 EO I DATE OFFICIAL �ASSU � Neal G. Berlin Authorized Representative SEP ; 1950 EPA�Form 4700-1 fpe.. 6-74) PREVIOUS EDITION IS OBSOLETE 000 00 0 east central iowa council of governments 332 east washington iowa city, iowa 52240 (319) 354-2328 May 5, 1980 Mr. M. L. Thornton Veenstra & Kimm Engineers & Planners 300 Hest Bank Bldg. - 1601 - 22nd Street Hest Des Moines, IA 50265 Dear Mr. Thornton: I have received your request for A-95 clearance regarding the combined Step II -Step III application for funds to imple- ment the Iowa City, Iowa Facility Plan for wastewater collection and treatment facilities ECICOG's policy is to review Step II and III applications when a significant change has been made from activities and costs proposed in the facility plan. While I note that total project costs have increased by over $2 million, it is my understanding that these are due to inflation, based on a conversation with your office. Since no significant changes from the Facility Plan have been made, our agency will not review the project further. This letter should serve to satisfy the requirements of the A-95 process. Sincerely, ron illigan,) Senior Planner JM:mw cc: Mr. Charles J. Schmadeke, City of Iowa City. /OW 0 U.5 IRONAIEN'rAL PROTECTION AGENCY COMPLIANCE REPORT Porta AI1Proyed (Title Vl, Civil Rights Act of 196.1 and Section 13, Federal 0,l1I3 No. 158—R0034 {Vater Pollution Control Act, A5 Amended) NOTE: r•i?AD INSTRUCTIONS ON R]?VEI\SE ]JEFORE COMPLHTING FORM. APPLICANT OV.imc and Strata) U. PItOIECT NO. CITY OF IOWA CITY, 'IOWA C190830 04 II- LNTiRE POPULATION IN THE APPLICANT'S JURISDICTION IS SERVED NOW BY TREATMENT SYSTEM OR WILL BE UPON COMPLE- TION OF PROPOSED EPA GRANT PROJECT AND ON-GOING ASSOCIATED CONSTRUCTION, CHECK HERE IP. COMPLETE THE FOLLOWING ONLY IF ABOVE BLOCK IS NOT CHECKED A. SUBMIT A MAP WHICH DELIREATES THE APPLICANT'S: 1. GLOGRAPHICAL JURISDICTION FOR PROVISION OF TREATMENT SYSTEnI SERVICE; . F.CISTING TREATMENT SY5TEn1 COVERAGE; r. CO -1 S1 RUCTION PROPOSED UNDER EPA GRANT PROJECT AND ANY ON-GOING ASSOCIATED CONSTRUCTION J. AREAS OF PLANNED FUTURE TREATMENT SYSTEM CONSTRUCTION. r. COMPLETE THE TABLE BELOW: 1, PRESENT 2. POPULATION J. ADDITIONAL A. POPULATION I'OP yL gTION CATEGORI' POPULATION PRESE.v TLY POPULATIO, REIA AI KING TO CF. OF APPLICANT SERVED TO BE SERVED SERVED AFTER T,•15 I -_ Or THIS PPOJ ECT PnOJEC' IS CC's -'L FT 1. 111 CA 'YDIAN f^'• iE, FTLIPIN O. JAPANESE _-___ •'_LAC• - '"SC FNT If1j --- I--yI TOTAL --- CI •r TRE SCHEDULE FOR FUTURE CONSTRUCTION BY WHICH TREATMENT SYSTEM SERVICE WILL BE PROVIDED TO ALL IN•'A..;- TANTS 'AITHIN APPLICANT'S JURISDICTION. I I: ANO: HER FEDERAL AGENCY BEING ASKED TO PROVIDE FINANCIAL ASSISTANCE TO ANY CONSTRUCTION ASSOCIATED WITH 4 1115 PROJECT' [-I YES INo 1 1. IF'. ES' LIST TME OTHER FEDERAL AG ENC Y(5) .. UESC RI0E THE ASSOCIATED WORK CERTIFICATION I c;n,ly that the Inlurmmion given above le It Ve d correct to the beat of my knowledge ar belle(. (A willl.11y telae atelement is rynn aha ble by lou—RS. Cade, TiNe Is. 5e ctlon 1001) A SIGI TUR OF AUTHOR FFICIAL B. TITLE OF AUTHORIZED OFFICIAL C. 4AI Eta I) I, 1.1 VV ' City Manager FOR U.S. ENVIRONMENTAL PROTECTION AGENCY DIRECTOR, DIVISION OF CIVIL RIGHTS AND URBAN AFFAIRS APPROVED DISAPPROVED E PA Fount/UU_d (4-7.11 NEPL ACE'+ EPA FORre FIIPCA•T I24 IS -ET) rIIICH 15 OBSOLETE ROBERT D. RAY Governor ROBERT F. TYSON D"r Clo, Date Received cc: City of Iowa City STATE OF IOWA Office for Plannintn cy and Programming 523 East 121h Street, Des Moines, Iowa 50319 Telephone 515/281-3711 STATE CLEARINGHOUSE PROJECT NOTIFICATION AND RIiVIFW SIG\OFF February 20, 1980 State Application Identifier: an, Sanitary Sewerage System Review Completed: 750987 May 27, 1980 ,WPLICAM' AGENCY: Llty OT iowa l.1Ly Address 410 East Washington Street Iowa City, Iowa 52240 1'I:UER:\L PROGRA�1 TITLE, AGENCYConstruction Grants Tor as ewa er Ireatment Works .'O,D CATALOG NUMBER: Environmental Protection Agency Office of Water and Waste Management Catalog No. 66.418 A'fOIINT OF FUNDS RFQUESTD•D: NA.-. PROJECT DESCRIPTION: 201 Facility Plan for Sanitary Sewerage System for the City of Iowa City. 1 _ 'file State Clearinghouse makes the following disposition concerning this application: / X_/ No Comment Necessary. The application must be submitted as received by the Clearinghouse with this form attached as evidence that the required review has been performed. /--7 Comments are Attached. The application must be submitted with this form plus the attached comments as evidence that the required review has been performed. STATE CLE,V2IPJGHOUSE C0•LWENTS: _ : _. CII -1.7 Rev. 9-75 i:iA 1 : .,.� Lam.. L-.✓ y , AM 4r I•e�Eral Funds Coordinator 102 e The University of low Iowa City. Iowa 52242 Office. of the State Archaeologist Easllawn (319) 353-5175, 353-5177 Mr. Charles J. Schmadeke, P. E. City Engineer City of Iowa City Civic Center 410 East Washington Street Iowa City, Iowa 52240 RE: Archaeological Survey, Iowa City, Iowa Dear Mr. Schmadeke: Li Li _'IIUIIU July 10, 1961 m•' 0.: Southeast Trunk Sewer. The following is a preliminary accounting of the findings and recommendations of the Phase I Cultural Resource Survey of the proposed route of the city of Iowa City Southeast Trunk Sewer. The proposed route of the Southeast Trunk Sewer was notlrecisely defined at the time of this survey. Therefore, a corridor approximately 500 feet (150 m) wide was requested to be surveyed. The centerline of this corridor was loosely defined, however, which necessitated in places surveying a wider corridor to insure the proposed route was adequately inspected. The corri- dor was systematically inspected by pedestrian surface inspection. Three archaeological sites were designated as a result of this survey (see enclosed figure 13JH335 This site lies in the center of the proposed route in Section 25 and would be directly impacted by construction activities as presently planned. Artifacts recovered are: 1 utilized percussion flake. White fossiliferous chert. 1 percussion flake. Black and grey material. This site is located in a recently cultivated bean field which made artifact recovery quite difficult. The paucity of recovered cultural materials re- flects this plus the fact,that the survey strategy was not to maximize artifact recovery but: to locate potential areas where undisturbed cultural materials may exist. I 13.TH3B6 This site lies approximately 500 feet (150 m) north of the proposed route in Section 26. It is located outside the corridor and should not be impacted by construction activities as presently planned. Artifacts recovered are: I 1 utilized and retouched blade fragment. Greyish white chert. 1 utilized percussion flake. White chert. 1 pressure flake. Greyish white chert. Mr. Charles J. Schmadeke, P.E. July 10, 1980 Page 2 13JI1337 This site lies approximately 800 feet (245 m) south of the proposed route in Section 25. It is located outside the corridor and should not be impacted by construction activities as presently planned. Artifacts recovered are: 1 side notched projectile point, broken tip. Grey and black material. 0.5cm x 1.6cm x 2.1 cm. 1 retouched flake fragment. White chert. 1 flake fragment. Reddish material 1 piece angular quartzite (flake fragment?) White to clear quartz. Clearance of this project from a cultural resource perspective is not recom- mended at this time. 13-H335 will be directly impacted by construction of the Southeast Trunk Sewer as presently planned. I recommend Phase II testing of this site to determine its size, state of preservation, cultural affilia- tion(s), etc., and to determine its status for nomination to the National Register. Any changes in the route of this project which result in any construction activities outside the 500 foot (150m) corridor as indicated on your project map will necessitate notification of this office and inspection of that area before construction activates commence. No survey technique is completely adequate to locate all the sites in an area, given and cover, time and other factors such as deeply buried sites. Therefore, should any site appear during ensuing construction, the Office of the State Archaeologist (OSA) must be contacted immediately. Artifact analysis, archival research, etc, are now being completed and the Phase I Contract Completion Report will soon follow. I will be happy to answer any questions you have regarding this survey. Sincerely, r'. John N. Kean Contract Archaeologist JNK:bh cc:State Historic Preservation Officer 1e2d {r T •v -- I-��� - "'^L `� L~^�: .: '.' _ 1, \ xCRi "LIST. TAUN.. _ '! Y 1'Y \�J� ._. t ` - = —• J 40 NDATN•"ARK -•- ���.i'..✓ C41'$ I `>^� "'�-'1�.-�7' ,' �`'•r.'+�� •-v r� �'tia,' _�t�ID.: "'`, v..'sil ri5'%'1 ''1�/V I �1 �i 1'••.\; _��_ / .� /;r '� .i 1.' � ���C Tul I .r ON ' Y 'A�..:. R ` J+_/';.I" _�`r�4; �-,,��'Ir i' V , `�O7 r +'�f�•iIC� �.� _>(-r��T„ 1 `"�.�` l f I _/r -Y �.' 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V %:�•�� �.�... - '`� �\ '•,•• `� � 6^ `�' - JI i I• �` 1> _ �_ ^tel ilC .. •`/ ala ':. `0-\\ �UILLA LREEN L6.T-6 CAT, 0 U'i F A L1-_ S Y 5 T -Y� o �� t nD 1( c �\';• m `� '\`""�� �'�. \`� �/- 1 '� (,'•� . 6y/ aq,•N . `u xrsE �OeaE 1�DUE aAmi L•cooN C• _. - �• o' CAD(pFC LFi-sTAlgn` :~fir Kr-lZ LFT6t:.TIaN V. /, -- , — 2e- 13JH336 -6�',': _77 _ 'i.7 25 1.•,.�a •2�`..n^re / �`'L.�^'� 30 II YlPCP SITE t 13JH335 ,eJ :7k , �.1 `(• zo}' '( •,/(.-- 13JH337,27 � PA.. 1 . yCALE.: EFFLUENT OUTF ALL`.b - '1 �'s'f --- - � ( j ❑ z.,.,.L a±. •,i_-}'il:::`•i: t `r�_ -__—__ -- .L1 ir•u'r !c'•,'J%Yr:,'a.:f.:.. bL acL i • L X P I\ I 1 a tt k �a't}.•: tt «;r 1�1 t l u.,-:,�. I°.r �' _ _ _• .. rt � a ?._ ,� b..a.-...-".-,.� ` �r`Y?}fir_ ([I i.�5 �.1!%.��i;''X7s� }'�` I'? '_ � ', r. � 1 l�l ,�. i !' ' ;; I �JJ ^:•,„r.(;g„LJyi,a s`c(lI'}�%;Jt`s•.-i�: '�L.� A„ -:ti,•�.14�, � r;�'.i l�:�/ „� i F4 `• I i ;:r:-,:,. ! ..,•`a1�JDA's:f, J.�)�LIL s 1. a � (1 l' C .{ ".. �'a �M��(r w3�•..IH'_.��"-.'I•,�.~ t'^f .j. -�•�, l ^a15— s:'.i trk -.�„•7-• "5.1'SF. EAY.i F.ac `' SEk'E �f 4 •" 1j 7 1 •1'R r� t'ii a s �t e � S: '. i .! ..FI t. :� .�� ...a '�-iJ•.a_ .. H .=J 1,1 ..vi �4 Y_._.=�..� .:s_. -.. �. t._ _�j i_�t��� CITY UF 1 CITY CIVIC CENTER 410 E. WASHINGTON ST IOWA CITY IOWA 52240 (319) 354180D July 23, 1980 Thomas M. Carter Grants Administration Officer Grants Administration Branch Water Division U.S. Environmental Protection Agency 324 East 11th Street Kansas City, Missouri 64106 Re: Iowa City Project No. C190830 03 Dear Mr. Carter: Please find enclosed two copies of the grant agreement for the design of our wastewater facility. A notice to proceed has been sent to Veenstra and Kimm, engineers and planners, to commence project design. Respectfully, Charles J. Schmadeke City Engineer bdw3/2 Enclosures cc: Jim Kimm, Veenstra and Kimm JllL /O.Z W JA s UNITED S I i ES ENVIRONMENTAL PRO i c-ul ION AGENCY REGION VII 324 EAST ELEVENTH STREET KANSAS CITY. MISSOURI - 64106 July 7, 1980 RECEIVED JUL 1 7 1980 Iowa City, Iowa Project No. C190830 03 Amount of Grant: $1,537,500 75 Percent of Eligible Costs mr. Neal Berlin City t•tanager 410 East Washington Iowa City, Iowa 52240 Through: Iowa Department of Environmental Quality Dear Mr. Berlin: On behalf of the Environmental Protection Agency, I am pleased to offer a grant of $1,537,500 to help you complete design of your wastewater facility. If you decide to accept this grant, the original and one copy of the enclosed Grant Agreement should be signed and returned to us by certified mail within three weeks. I would like to call your attention to the conditions in the Agreement, since the grant is contingent upon compliance with them. Your facility plan is approved and you may advise your engineer to commence project design after you have signed the Grant Agreement. We wish to call your attention to the option of establishing an interest bearing escrow account to handle retainage on your project. Interest on this account is paid to the contractor periodically, but the principal remains under control of the grantee until the project is satisfactorily completed. This approach should improve the contractor's cash flow position and reduce interim financing costs to the point where lower bids can be submitted by a broader range of bidders. If you decide to take advantage of this option, appropriate provisions must be included in the construction specifications. We have reviewed the Cost or Price Summary Format EPA Form 5700-41 and proposed subagreement concerning Step 2 services. We hereby approve your compliance with procedural requirements in accordance with 40 CFR 35.937-6. Please submit an executed copy of Amendment No. 1. This project is not to be advertised until final plans and specifications the Environmental Protection Agency. or placed on the market for bidding have been approved by the State and /0d0 2 You should proceed with preliminary easement related work, during the design phase of this project. In order to avoid delays after you are authorized to advertise for bids, you should also consider initiation of necessary easement and site acquisition except for any acquisition that is grant eligible, which may only be purchased after award of a Step 3 grant, or in accordance with 40 CFR 35.92518(b). Procedures followed for acquisition must comply with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970. As a general rule, the pretreatment program can be developed without additional sampling, However, sampling and analysis work would be grant eligible if fully justified prior to initiation of the work. The pretreatment program should include a permit system which uses permits, orders, contracts, or other means to list specific industrial requirements to ensure industrial compliance. Your attention is directed to grant condition No. 4 relative to the use of Minority Business Enterprise (MBE). It is important that you carefully review the EPA Policy for Increased Use of Minority Consultants and Construction Contractors, and take necessary actions to implement this policy. Note particularly Section V B(2)(b) and (c) which provides that the grantee, in cooperation with EPA, may establish a goal for MBE participation or the grantee may use its own system for MBE utilization where it is demonstrated to result in an acceptable level of MBE participation. Section V C(3) details the minimum positive efforts required of the grantee. Especially important is Section V B(3) which indicates the information that is to be included in solicitation documents. If there are any questions, please contact the Environmental Protection Agency through the Iowa Department of Environmental Quality. Sincerely yours, Thomas M. Carter Grants Administration Officer Grants Administration Branch Water Division Enclosure cc: Iowa Department of Environmental Quality Veenstra & Kimm iod d a1 i ESTIMATED CONSTRUCTION COSTS FOR ELIGIBLE REHABILITATION PROJECTS City of Iowa City, Iowa Sanitary Sewer Rehabilitation Improvements August 15, 1980 Priority Type of Eligible Number Source Rehabilitation Cost 4-2 Cracked Surface $ 30.00 5-8 Leaking Sewer Pipe 100.00 6-8 Bypass 100.00 8-9 Catch Basin 1,000.00 10-9 Miscellaneous 90.00 11-2 Cracked Surface 30.00 14-9 Lid/Frame 100.00 15-8 Catch Basin Lead Line 50.00 19-9 Lid/Frame 100.00 20-9 Lid/Frame 200.00 23-7 Lid/Frame 100.00 24-11 Lid/Frame 100.00 25-8 Catch Basin Lead Line 50.00 27-2 Ground Around MH 300.00 28-2 Cracked Surface 90.00 30-8 Smoke Around MH 30.00 35-3 Lid/Frame 200.00 38-1 Lid/Frame 100.00 39-9 Lid/Frame 100.00 49-5 Lid/Frame 200.00 50-8 Lid/Frame 100.00 51-3 Lid/Frame 1,700.00 52-8 Lid/Frame 1,200.00 53-7 Lid/Frame 600.00 55-1 Lid/Frame 400.00 56-5 Lid/Frame 300.00 57-9 Spacer Rings 200.00 58-3 Lid/Frame 100.00 59-4 Lid/Frame 100.00 60-6 Lid/Frame 100.00 61-8 Lid/Frame 100.00 62-9 Lid/Frame '100.00 63-3 Leaking Wall 350.00 69-3 Lid/Frame 1,500.00 70-9 Catch Basin 1,000.00 71-5 Lid/Frame 900.00 72-4 Lid/Frame 200.00 74-11 Lid/Frame 100.00 75-1 Lid/Frame 100.00 76-9 Lid/Frame 100.00 77-12 Lid/Frame 100.00 -1- /a70 Priority Type of Eligible Number Source Rehabilitation Cost 78-4 Lid/Frame a 300.00 79-5 Lid/Frame 300.00 80-3 Lid/Frame 200,00 81-8 Lid/Frame 200.00 83-11 Extraneous Line 30.00 84-12 Spacer Ring 2,400.00 85-3 Lid/Frame 1,200.00 86-1 Lid/Frame 400.00 87-8 Sewer Joint 350.00 88-4 Lid/Frame 300.00 89-8 Lid/Frame 200.00 91-12 Lid/Frame 200.00 92-5 Lid/Frame 100.00 93-10 Lid/Frame 100.00 94-14 Lid/Frame 100.00 95-9 Sewer Pipe 528.00 96-5 Lid/Frame 2,900.00 97-8 Lid/Frame 2,300.00 98-9 Lid/Frame 1,800.00 99-9 Catch Basin 1,000.00 100-3 Lid/Frame 800.00 102-9 Spacer Ring 600.00 105-9 Spacer Ring 400.00 106-1 Lid/Frame 200.00 107-2 Lid/Frame 200.00 111-11 Lid/Frame 100.00 112-9 Cracked Surface 90.00 113-12 Sewer Joint 300.00 114-1 Sewer Joint/Pipe 350.00 115-8 Leaking Wall 350.00 118-3 Lid/Frame 1,800,00 119-5 Lid/Frame 700.00 120-1 Lid/Frame 500.00 121-8 Lid/Frame 300.00 122-4 Lid/Frame 200.00 124-6 Lid/Frame 100.00 125-8 Sewer Joint 480.00 126-2 Ground Around MH 300.00 127-2 Cracked Surface 60.00 128-5 Ground Around MH 60.00 130-3 Miscellaneous 30.00 132-2 Cracked Surface 30.00 135-3 Lid/Frame 1,300.00 136-1 Lid/Frame 500.00 137-10 Lid/Frame 500.00 138-5 Lid/Frame 300.00 139-8 Lid/Frame 200.00 141-4 Lid/Frame 100.00 142-9 Lid/Frame 100.00 143-12 Lid/Frame 100.00 -2- /d.7 d Priority Type of Number Source Eligible Rehabilitation Cost 166-2 Spacer Ring $ 200.00 168-9 Spacer Ring 200.00 169-9 Catch Basin 5,000.00 170-3 Sewer Joint 350.00 171-3 Leaking Wall 350.00 172-8 Leaking Wall 350.00 173-8 Leaking Wall 350.00 175-12 Lid/Frame 11,200.00 176-10 Lid/Frame 10,700.00 177-11 Lid/Frame 6,200.00 179-12 Catch Basin 5,000.00 180-11 Catch Basin 2,500.00 181-3 Lid/Frame 1,000.00 183-4 Lid/Frame 700.00 184-14 Lid/Frame 400.00 185-8 Lid/Frame 300.00 186-3 Sewer Joint 250.00 187-5 Lid/Frame 200.00 188-9 Lid/Frame 100.00 189-5 Leaking Wall 350.00 191-3 Surface Cracks Around M 300.00 192-1 Catch Basin 5,000.00 194-3 Leaking Wall 350.00 195-3 Leaking Wall 350.00 196-8 Catch basin 20,000.00 188A-10 Lid/Frame 1,550.00 197-8 Catch Basin 15,000.00 198-3 Catch Basin 10,000.00 199-9 Lid/Frame 5,000.00 201-8 Lid/Frame 700.00 202-3 Lid/Frame 600.00 203-4 Lid/Frame 400.00 204-5 Lid/Frame 200.00 205-14 Lid/Frame 200.00 206-1 Lid/Frame 100.00 207-7 Lid/Frame 100.00 210-9 Cracked Surface 120.00 211-5 Sewer Joint 300.00 224-8* Area Drain in Alley 5,000.00 242-1** Catch Basin 5,000.00 288-8* Catch Basin 5,000.00 TOTAL COST $159,348.0(Y *Tributary drainage area larger than originally estimated. **See priority #192-1. -3- / &4 7d iGli/ ,Lc C� RESOLUTION NO. 80-408 RESOLUTION AUTHORIZING EXECUTION OF AMENDMENT TO CONTRACT WITH VEENSTRA & KIMM, INC. WHEREAS, the City of Iowa City, Iowa, has negotiated an amendment to a contract with Veenstra & Kimm, Inc., a copy of said amendment being attached to this Resolution and by this reference made a part hereto, and WHEREAS, the City Council deems it in the public interest to enter into said amendment to begin the design of the Southeast Interceptor System, University Heights System and Sewer System Rehabilitation, subject to IDEQ and EPA approval, together with the outfall relief system sewer improvements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL: 1. That the Mayor and City Clerk are hereby authorized and directed to execute the amendment with Veenstra & Kimm, Inc. 2. That the City Clerk shall furnish copies of said amendment to any citizen requesting the same. It was moved by Neuhauser and seconded by the Resolgtion be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X BALMER X ERDAHL Perret X LYNCH X NEUHAUSER X PERRET X ROBERTS X VEVERA Passed and approved this 16thday of September 1980. ayor ATTEST: L J 6 City C e r p,+A �y 7`v ix,:am:eti� /oa/ EIGHTH AMENDMENT TO AGREEMENT WHEREAS, the City of Iowa City, hereinafter referred to as the City, entered into an agreement dated March 4, 1975, with Veenstra & Kimm, Engineers & Planners, hereinafter referred to as the Consultant, for the preparation of a Facility Plan in accordance with Title II of the Federal Water Pollution Control Act Amendments of 1972 (Public Law 92-500), as amended, and as further amended by the Clean Water Act of 1977 (Public Law 95-217), and WHEREAS, the parties hereto executed the original agreement and amendments thereto, dated June 10, 1975, May 10, 1977, August 23, 1977, May 12, 1978, June 13, 1979, April 29, 1980, and July 2, 1980, hereinafter referred to collectively as the Agreement, and WHEREAS, the amendment dated April 29, 1980, hereinafter referred to as the Sixth Amendment, provided for services by the Consultant to prepare plans and specifications for a new water pollution control plant and outfall sewer, and such other improvements which may be included by amendment, all as set forth in said Facility Plan, and for other services set forth in said Sixth Amendment, and e WHEREAS, said Facility Plan has been certified by the Iowa Department of Environmental Quality (IDEQ) and approved by the U.S. Environmental Protection Agency (EPA), and WHEREAS, the City wishes to contract with the Consultant for additional Step 2 design services toward implementation of all of the projects recommended in said approved Facility Plan and for which Step 2 services have not, as yet, been provided for, and WHEREAS, the City desires to make application and receive a Step 2 (Design) federal grant from EPA to fund seventy-five percent (75%) of the eligible engineering fees for the design, preparation of plans and specifications and related services for said Facility plan projects for which Step 2 services have not, as yet, been provided for, and WHEREAS, said Step 2 (Design) services shall be considered complete and finished upon the date of award of construction contracts and shall exclude any services beyond that date for general services during construction, resident review and construction staking, and any other services normally associated with the Step 3 (Construction) phase and not specifically included herein. NOW, THEREFORE, it is hereby agreed by and between the parties to the Agreement that said Agreement is amended by adding the following paragraphs and subparagraphs relative to engineering and related services during the Step 2 (Design) phase for Facility Plan projects for which Step 2 design services have not, as yet, been provided for. -1- I GENERAL 1. It is understood and agreed that the project referred to herein shall include the following specific improvements described in a document entitled "Sanitary Sewerage System - Facility Plan - 1979: A. The Southeast Interceptor System, shown on Figure 6 and described under Alternative 2 on Pages TI -8 and TI -9 of said document. B. The Outfall Relief System, shown on Figure 6 and described under Alternative 2 on Pages TI -7 and TI -8 of said document. It is understood and agreed that these improvements are not grant -eligible and that payment of fees for Step 2 services will be from local funds. C. The University Heights System, shown on Figure 6 and described under Alternative 2 on page TI -9 of said document. D. Sewer System Rehabilitation, shown on Figures 1, 2, 3 and 4 of said document and including removal of those sources in public right-of-way listed as cost-effective in Table 2 of Appendix C of said document. It is further understood and agreed modified by mutual agreement of the related improvements. that the scope of the Project may be parties hereto to include other 2. The Consultant shall prepare the application and supporting documents for the Step 2 grant and shall prepare all reports and requisitions for payment required by the regulatory agencies relative thereto. Said grant is intended to fund seventy-five percent (75%) of the eligible cost of the engineering and related services concurrent with progress toward completion of Step 2 work on the Project. 3. It is understood and agreed that the Consultant shall not proceed with the design of, or preparation of plans and specifications or any other work on the Project until the EPA Step 2 grant offer is accepted by the City and the City issues written notice to the Consultant to proceed with Step 2 services. STEP 2 DESIGN SERVICES The Consultant shall perform the following specific services relative to design of the improvements, preparation of plans and specifications and other work necessary for advertising for and taking of bids and awarding of contracts for the Project: 1. Conduct design surveys in the field, including information relative to line, grade, topography and other features as are necessary for the design and preparation of plans and specifications for the Project. Design surveys do not include surveys for acquisition of land, easements and rights-of-way. -2- Prepare such detailed plans and specifications as are reasonably necessary and desirable for construction of the Project. The specifications shall describe, in detail, the work to be done, the materials to be used and the construction methods to be followed. The plans and specifications shall comply with the requirements of the state and federal regulatory agencies for projects of this type. Plans and specifications shall be submitted to the City and to IDEQ for review and approval. Plans and specifications for the grant -eligible improvements shall also be submitted to EPA for approval. .The plans and specifications shall be considered complete upon approval by IDEQ and EPA. 3. The Consultant shall prepare the plans at a scale of 1"=50' and at a scale of 1"=20' wherever necessary for clarity. The 1"=20' scale shall be used for the plans at locations mutually agreed upon by the City and the Consultant. 4. The Consultant shall engage the services of a reputable soils testing firm to perform subsurface soils investigations along the route of the sewers as set forth in the Sixth Amendment. The Consultant shall provide suitable maps and drawings showing the locations of the various soil borings and will stake and mark such boring locatidns in the field. The Consultant shall also provide supervision and administration of the soils investigations as required for proper execution of the work. 5. Upon completion of the plans and specifications and approval of same by all regulatory agencies, the Consultant shall furnish the City with three sets of approved plans and specifications. If requested by the City, the Consultant shall furnish the City a reproducible mylar of each contract drawing. It is understood that these mylars are in addition to those which will be furnished to show as -built construction following completion of Step 3 construction not provided for in this Amendment. 6. Assist the City in the preparation of notice to contractors and provide plans and specifications for prospective bidders. 7. Have a representative present when bids are opened and prepare a tabulation of bids for the City and advise the City in making awards subject to approval of the regulatory agencies. Following proposal of awards by the City, assist in the preparation of the necessary construction contract documents and secure approval of the regulatory agencies, for the grant -eligible improvements, for the City to make final award. 8. Cooperate with an attorney provided by the City; comply with all local, state and federal regulations. 9. The Step 2 grant services under this item shall be considered complete and finished on the day that the City finally awards construction contracts for the Project. Is10 / O.Z/ /101W / 10. Complete the design and preparation of the plans and specifications, but not the advertising for bids and award of contracts, within five hundred / forty (540) calendar days after the City accepts an EPA Step 2 grant offer and issues written notice to proceed to the Consultant to proceed with the services set forth herein. SPECIAL CONDITIONS The following special conditions shall apply to this Amendment: 1. The Consultant shall subcontract for not less than seven percent (7%) of the fees for services for grant -eligible improvements under this Amendment to a Minority Business Enterprise (MBE) capable of performing such services. Said services may include field and design surveys, design computations and/or preparation of plans and specifications for the seders. The subcontract and the utilization of the MBE shall be in accordance with the provisions of 40 CFR 35.936-7 and the construction grants notice of EPA Region VII of March 21, 1979, entitled IMPLEMENTATION OF POLICY FOR INCREASED USE OF MINORITY CONSULTANTS AND CONSTRUCTION CONTRACTORS and any amendments to said policy. 2.°The provisions of Appendix C-1, required by 40 CFR 35.937-9(c) and attached hereto, are hereby incorporated by reference and made a part hereof and shall be adhered to by the Consultant. Should any provisions in Appendix C-1 conflict with any other provisions, Appendix C-1 shall control. 3. The Consultant shall provide qualified personnel, equipment, subcontractors and facilities necessary to complete the services outlined herein. All services set forth in this Amendment will be performed by the Consultant or under his supervision and all personnel engaged in the services will be fully qualified. 4. The Consultant shall not commit any of the following employment practices and agrees to include the following clauses in any subcontract: a. To discharge from employment or refuse to hire any individual because of race, sex, color, religion, national origin, sexual orientation, marital status, age or disabilty unless such disability is related to job performance of such person or employee. b. To discriminate against any individual in terms, conditions or privileges of employment because of race, sex, color, religion, national origin, sexual orientation, marital status, age or disability unless such disability is related to job performance of such person or employee. 5. Should the City abandon the Project, or any task therein, before the Consultant has completed the work, the Consultant shall be compensated for the work and services performed to the date of written notice of abandonment. Compensation shall be on the basis of the sum of Direct Labor Cost, other Direct Costs and Indirect Costs incurred to that date plus a percentage of the fixed fee based on the percentage of work completed for the task so abandoned. -4- /O.2-/ 1� 6. It is understood and agreed that the employment of the Consultant by the City for the purposes aforesaid shall be exclusive, but the Consultant shall have the right to employ such assistants as he may deem proper in the performance of the work subject to the approval of the City. 7. The Consultant shall provide special services upon written request of the City. Said services shall include land surveys, computations and legal descriptions as are required to permit the City to purchase land and/or acquire easements and rights-of-way for construction and any other special services the City may request. It is understood that such special services are generally hot eligible for grant participation. It is understood and agreed that the Consultant shall bill the City separately for these special services on the same basis as provided for herein for other services and that the City shall pay for the services as herein specified for other services provided for in this Amendment. 8. The Consultant shall furnish the City with certificates of insurance by an insurance company licensed to do business in the State of Iowa stating that the insurance cannot be cancelled or materially altered without giving the City at least thirty (30) days written notice by 1 registered mail, return receipt requested, for the following specific coverages: a. Personal injury accident and/or death and property damage. The coverage provided shall be $250,000 each personal injury accident and/or death, $500,000 each aggregate personal injury accident and/or deaths and $50,000 for each property damage accident. b. Errors and omissions coverage in the amount of not less than $500,000. c. Workmen's compensation in the amounts required by law. This Amendment, and each and every portion thereof, shall be binding upon the successors and assigns of the parties hereto. COMPENSATION FOR STEP 2 SERVICES The City shall compensate the Consultant for the work performed under Step 2 (Design) services based upon the actual costs incurred plus a fixed fee in accordance with EPA Forms 5700-41 (2-76), or other forms for non -eligible improvements, with attachments, attached to and made a part of this Amendment. The actual cost and the fixed fee for each component of the work to be done shall be as shown hereinafter. 2. Should the scope of the work, as defined herein and on application, change and require the costs of performing the amounts shown herein, a further amendment shall be the parties hereto, for grant -eligible improvements, an by grant amendment issued by EPA before such change in and authorized by the City. -5- the grant the work to exceed negotiated between d must be approved costs be approved �► 1 3. The Consultant shall submit monthly invoices proportional to total project services completed. Invoices shall be due and payable upon receipt and shall be paid by the City within thirty (30) days from date of receipt of invoice. Invoices shall be itemized against each of the four (4) improvements in this Amendment and for special services. 4. Final payment will be made based on actual work accomplished, subject to the conditions set forth herein, and written notice by the Consultant to the City of completion of the services for the Project. 5. The fees of the Consultant shall be based on the costs of (1) Direct Labor Cost, (2) Indirect Costs, which constitute allowable overhead, (3) other Direct Costs, which constitute expenses of the Consultant, and (4) a Fixed Fee. For purposes of this Amendment, it is understood and agreed that the Indirect Costs (overhead) have been estimated at the provisional rate of one hundred fifty percent (150%) of direct labor. It is further understood and agreed by the parties hereto that the provisional rate is subject to upward or downward adjustments during the course of the Project, or after Project completion, based on the actual overhead rate during the period of service by the Consultant under this Amendment. For purposes of fee computations, the term Direct Labor Cost shall refer to.the actual hourly wages, including hourly overtime wages, paid to persons employed on an hourly basis or, in the case of persons employed on an annual basis, the Direct Labor Cost shall be that person's annual salary, without bonuses or pension allowances or any other benefits paid to or on behalf of the person, divided by 2,080. It is understood and agreed that the hourly rates shown on the Forms 5700-41, or on other forms for non -eligible improvements, attached hereto, were used to develop a maximum fee and the actual hourly rates charged may vary upward or downward from those shown depending upon the actual rates paid to the employees involved in the work. It is further understood that the rates shown are intended to be applicable at the midpoint of completion of the tasks set forth in this Amendment. The term Indirect Costs, which constitute allowable overhead, shall include indirect salaries, group insurance, payroll taxes, pension plan, rent, utilities, office supplies and expense, engineering supplies and expense, postage and freight, repairs and maintenance, telephone excluding toll charges under this Amendment, professional card listings, library costs, dues and licenses, recruiting and education, administrative travel, miscellaneous administrative expense, computer fees, legal and accounting, amortization, depreciation and operating insurance. It is understood and agreed that Indirect Costs shall specifically exclude contact and sales expense, entertainment, interest expense, truck and auto expense, long distance telephone calls under this Amendment and officers' life insurance. /0.-21 Oma} 6. The maximum actual costs and the fixed fees for each component of the services set forth herein and as shown on Forms 5700-41, or on other forms for non -eligible improvements, with attachments, shall be as follows: a. For design and plans and specifications for the Southeast Interceptor_ System, the maximum amount chargeable for the actual costs incurred for Direct Labor, Indirect Costs and Other Direct Costs, including subcontracts but excluding the fixed fee, is Six Hundred Eighteen Thousand, Six Hundred Twenty-five Dollars ($618,625). The fixed fee for design and plans and specifications for the Southeast Interceptor System is One Hundred Thousand, One Hundred Fifty-nine Dollars ($100,159). b. For design and plans and specifications for the Outfall Relief System, the maximum amount chargeable for the actual costs incurred for Direct Labor, Indirect Costs and Other Direct Costs, but excluding the fixed fee, is Thirty-four Thousand, Seven Hundred Twenty-five Dollars ($34,725). The fixed fee for design and plans and specifications for the Outfall Relief System is Six Thousand, Seventy-seven Dollars ($6,077). c. For design and plans and specifications for the University Heights System, the maximum amount chargeable for the actual costs incurred for Direct Labor, Indirect Costs and Other Direct Costs, but excluding the fixed fee, is Twenty-nine Thousand, One Hundred Fofty-two Dollars ($29,142). The fixed fee for design and plans and specifications for the University Heights System is Five Thousand, Ninety-nine Dollars ($5,099). d. For design and plans and specifications for the Sewer System Rehabilitation, the maximum amount chargeable for the actual costs incurred for Direct Labor, Indirect Costs and Other Direct Costs, but excluding the fixed fee, is Twenty-five Thousand, Seven Hundred Ten Dollars ($25,710). The fixed fee for design and plans and specifications for the Sewer System Rehabilitation is Four Thousand, Five Hundred Dollars ($4,500). e. For the design of all the improvements set forth herein, the maximum amount chargeable for the actual costs incurred for Direct Labor, Indirect Costs and Other Direct Costs, including subcontracts, but excluding the fixed fee, is Seven Hundred Eight Thousand, Two Hundred Two Dollars ($708,202). The fixed fee for design of all the improvements set forth herein is One Hundred Fifteen Thousand, Eight Hundred Thirty-five Dollars ($115,835). -7- The undersigned do hereby covenant and state that this Amendment is executed in triplicate as though each were an original and that there are no oral amendments or agreements which have not been reduced to writing in this instrument. It is further covenanted and stated that there are no other considerations or monies contingent upon or resulting from the execution of this Amendment, nor have any of the above been implied by or for any party to this instrument. Accepted this 12th day of ATTEST: February CITY OF IOWA CITY, IOWA YEENSTRA & KIMM. INC Enginear-s & Plan-Deuc4 By' In res RESOLUTION NO. 80-409 RESOLUTION AMENDING THE NUMBER OF AUTHORIZED POSITIONS IN THE FINANCE DEPARTMENT WHEREAS, Resolution 80-91 adopted by the City Council on March 11, 1980, establishing an operating budget for Fiscal Year 1981 authorizes all positions, and, WHEREAS, the staffing needs in the Department have changed, and, WHEREAS, the amendment to the authorized positions will not require additional funding in the Fiscal Year 1981 Operating Budget, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that total authorized positions in the Finance Department be amended by: 1. The elimination of one Budget Administrator position (Range 15). 2. The creation of one Accountant position (Range 9). It was woved byyevera and seconded by Roberts 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 September ATTEST: /O .Z ..2- RESOLUTION NO. 80-410 RESOLUTION AMENDING THE CLASSIFICATION PLAN FOR CLASSIFIED PERSONNEL BY REINSTATING A POSITION OF HOUSING INSPECTOR UNTIL JANUARY 1, 1981 WHEREAS, the City of Iowa City has undertaken a comprehensive property r@habilitation program as part of the CDBG Neighborhood Improvement Program, and, WHEREAS, the Rehabilitation Officer will be on maternity leave this fall, and, WHEREAS, a Housing Inspector possesses the basic skills required to perform interim rehabilitation staff assistance, NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the Housing Inspector position eliminated from the FY81 budget be reinstated until close of work December 31, 1980. It was moved by Perret and seconded by Neuhauser the Resolution be adopted, and upon roll cal 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 Sept 1980. -MAYOR ATTEST: CITY CLERK' 14007.3 1� 14!�r_ RESOLUTION NO. 80-411 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST A CONTRACT WITH THE STATE OF IOWA (IOWA STATE HISTORICAL DEPARTMENT, DIVISION OF HISTORIC PRESERVATION). WHEREAS, the Division of Historic Preservation has been designated to establish a program of matching grants-in-aid in Iowa for projects having as their purpose the preservation for public benefit of properties that are significant in American history, architecture and culture; and WHEREAS, the recipient has an interest in the maintenance, protection, preservation, restoration, stabilization and adaptive use of the Old Federal Post Office as a Senior Center; and WHEREAS, the U.S. Department of the Interior has approved an allocation of a matching grant-in-aid for these purposes; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the Mayor be authorized to execute and the City Clerk to attest the attached agreement. It was moved by Perret and seconded by Neuhauser the Resolution 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 _S yt. , 1980. 1AYOR ATTEST: CITY CLERK Received & by, a legal Department ? '';5u HISTORIC PRESERVATION FUND ACQUISITION AND DEVELOPMENT GRANT-IN-AID AGREEMENT between STATE OF IOWA and CITY OF IOWA CITY THIS AGREEMENT, by and between, the State of Iowa acting herein by the Iowa State Historical Department, Division of Historic Preservation, hereinafter called the "Division" and City of Iowa City hereinafter called the "Recipient." WITNESSETH THAT: WHEREAS, the Division has been designated to establish a program of matchinS'grants-in-aid in Iowa for projects having as their purpose the preservation for public benefit of properties that are significant in American history, architecture, archeology, and culture; and WHEREAS, the Recipient has an interest in the maintenance, protection, preservation, restoration, stabilization and adaptive use of buildings, structures, objects, districts, areas and sites significant In the history, architecture, archeology or culture of the State of Iowa by virtue of their placement in the National Register of Historic Places; and WHEREAS, the United States Department of the Interior has approved the allocation of a matching grant-in-aid for these purposes; and WHEREAS, it is the desire of the parties hereto to provide for such purposes for the considerations and under the conditions set forth below, NOW, THEREFORE, IT IS AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS: 1. That the Division will administer a U.S. Department of the Interior matching grant-in-aid in an amount not to exceed $ 23,000 to assist in the project to be undertaken in this Agreement, namely, Masonry Repair (stone and brick) Roof (insulation, new roofing, drainage and flashing) 2. That the Recipient will faithfully comply with all applicable Federal and State laws. 3. That the Recipient will faithfully comply with all regulations and directives issued by the Division and the U.S. Department of the Interior. Ida s 4. That the Recipient shall hold the Division and Federal Govern- ment harmless from damages in any action arising from the acquisition, relocation, restoration or operation of any properties covered under this Agreement. 5. That the Recipient shall not use Federal or Division monies to match the monies granted through this Agreement, unless specifically allowed under special Federal enabling legislation. 6. That the Recipient shall deliver to the Division a deed or other legally sufficient instrument conveying to the Division the benefit of such covenants, easements and restrictions as are required by the U.S. Department of the Interior and the Division, and provide the Division with appropriate evidence of the Recipient's title to the property and such other supporting documentation as the Division shall require. 7. That the Recipient provide a permanent copy of financial records suitable for Federal and State audit. 8. That the Recipient provide a project completion report as specified in the special conditions appendices. 9_ That the Recipient provide fifty (50) percent of eligible project costs as defined herein. 10. ;That the Division provide fifty (50) percent of eligible project costs under the provisions of the U.S. Department of the Interior for matching grants-in-aid. 11. That the Division shall periodically make on-site visits to evaluate project work for compliance with the approved project application. 12. That the Recipient and the Division mutually agree to the termination clause of this Agreement as specified in the general conditions '13ppendices. 13. That the Recipient and the Division mutually agree that if, during the duration of this Agreement, it is deemed necessary by either party to make alterations or amendments to this Agreement, such changes shall be incorporated into this Agreement upon written mutual agreement and shall be in effect as of the date of the amend- ment unless otherwise specified in the amendment. 14. That the Recipient and the Division mutually agree to share equally the project eligible costs under the terms of this Agreement. 15. That the Recipient and the Division mutually agree to abide by the general and special conditions attached hereto as Exhibits A and B a'nd the approved project application attached hereto as Exhibit C. 16. That the Recipient and the Division mutually agree that this Agreement is to be in effect for a period of 2 years beginning on 8/26/80 and ending on 8/26/82. /ozb ATT 17 That the Recipient and the Division mutu agree that the this Agreement shall be $46,000. All eligible costs carry out the project as described in this Agreement advanced by the Recipient and then the Division shall Recipient for fifty (50) percent of these costs, with (10) percent of such reimbursement occurring upon the project completion report as specified in the special appendices. cost of necessary to shall be initially reimburse the the final ten receipt of the conditions 18. That the Recipient and the Division understand and agree that the prior agreement between the U.S. Postal Service and the Recipient attached hereto as Exhibit D and incorporated herein by reference, continues in effect, the validity of which does not affect the rights and responsibilities of the Division and Recipient established in this Agreement. IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and year last specified below. RECIPIENT DIVISION OF HISTORIC PRESERVATION Date 9Li�8o v � .e✓y Adrian D. Anderson, Direct r /Y State Historic Preservation Officer Date �t boa 7 EXHIBIT A. GENERAL CONDITIONS Section 1.0 Amendment of Agreement The Recifiient or the Division may, during the duration of this Agreement, deem it necessary to make alterations to the provisions of this Agreement. Any changes, which shall be mutually agreed upon by both the Recipient and the Division, shall be incorporated into this Agreement. The provisions of the amendment shall be in effect as of the date of the amendment unless otherwise specified within the amendment. A waiver of any condition of this Agreement must be in writing from a duly Authorized Official of the Division. Section 2.0 Accounts and Records 2.1 Accounts - The Recipient shall maintain accounts, records, and books, and other evidence pertaining to all costs and expenses incurred and revenues acquired under this Agreement to the extent and in such detail as will properly reflect all costs, direct and indirect, of labor, materials, equipment, supplies, services, and other costs and expenses of whatever nature, for which payment is claimed under this Agreement. 2.2 Audit and Inspection - At all times during regular business hours and as often as the Division requires, permit its representatives and all other authorized representatives of the State and Federal Government full and free access to the project and to the accounts, records and books of the Recipient relative hereto, including the right to make excerpts and transcripts from such accounts, records and books. 12.3 Retention of Financial of the Recipient pertaining to this Recipient for a period of three (3) final payment under this Agreement beyond the three (3) year period if within that period. Section 3.0 Allowable Costs Records - All records in the possession Agreement shall be retained by the years beginning with the date upon which is issued. All records shall be retained audit findings have not been resolved 3.1 Allowable costs are specified in the approved budget estimate (Exhibit C). They are subject to audit under the principles defined in Federal Management Circular 74-4 and Office of Management and Budget Circular A-102. 3.2 Indirect costs shall be allowable in accord with the Current Negotiated Agreement with the Federal Government for purposes of determining the indirect cost rate; Federal Management Circular 74-4 shall be used. 3.3 Expenditures will not be ineligible for financial reimbursement solely because of minor deviations from the amount or nature of the expendi- ture as set forth in the approved budget, provided that the deviations in question are less than ten (10) percent and made in connection with the approved budget. All other changes in the project, budget or expenditures shall require approval from a duly Authorized Official of the Division prior to said changes actually taking place. Section 4.0 Periodic Reports At such times as the Division and the U require, furnish It with such periodic mentary data and information as it may progress and status of the project and conditions of this Agreement. Section 5.0 Termination of Agreement .S. Department of the Interior may reports, statements and other docu- reasonably request relative to the as to compliance with the terms and 5.1 Termination for Cause - The Division or the Recipient may terminate this Agreement in whole or in part at any time before the date of completion, whenever it is determined that the other party has failed to comply with the conditions of this Agreement. The Division or the Recipient shall promptly notify the other party in writing of the determination and the reasons for the termination, together with the effective date. The Recipient sha 11 not incur new obligations for the terminated portion after the effective date, and shall cancel as many outstanding obligations as possible. The Division shall allow full credit to the Recipient for the Federal share of noncancellable obligations, properly incurred by the Recipient prior to termination. 5.2 Termination for Convenience - The Division or the Recipient may terminate this Agreement in whole or in part, when both parties agree that the continuation of the project would not produce beneficial results commensurate with future expenditure of funds. The two parties shall agree upon the termination conditions, the portion to be terminated. The Recipient shall not incur new obligations for the terminated portion after the effec- tive date, and shall cancel as many outstanding obligations as possible. The DivisSon shall allow full credit to the Recipient for the Federal share of the noncancellable obligations, properly incurred by the Recipient prior to termination. Section 6.0 Material Breach Failure of the Recipient to comply with any of the terms or conditions of this Agreement shall be deemed a material breach of this Agreement, and after written notice from the Division, the State shall, to the full extent permitted by law, have each and every right and remedy available to the State either at law or in equity. Section 7.0 Equal Opportunity 7.1 During the performance of this Agreement the Recipient agrees as follows: a. The Recipient will not discriminate against any employee or applicant for employment because of race, color, sex, religion, national origin, or age. The Recipient will take affirmative action to insure that applicants are employed and that employees are treated during employment .-. /O dR 9 without regard to their race, color, sex, religion, national origin, or age. Such action shall include, but not limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Recipient agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by an appropriate agency of the Federal Government setting forth the requirements of these nondiscrimination pro- visionsa b. The Recipient will state in all solicitations or advertisements for employees placed by or on behalf of the Recipient that all qualified applicants will receive consideration for employment without regard to race, color, sex, religion, national origin, or age. c. The Recipient will send to each labor union representative of workers with which he has a collective bargaining agreement or other contract or understanding a notice, to be provided by the owner, advising the labor union or workers' representative of the Recipient's commitments under Section 202 of Executive Order No. 11246 of September 24, 1965, as amended, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. d. The Recipient will comply with all provisions of the Iowa Civil Rights Act of 1965, as amended, Iowa Executive Order No. 9 of 1967, and Executive Order No. 11246 of September 24, 1965, as amended, and of the rules, regulations and relevant orders of the Secretary of Labor. e. The Recipient will furnish all information and reports required by the Iowa Civil Rights Act of 1965, as amended, Iowa Executive Order No. 9 of 1967, and Executive Order No. 11246 of September 24, 1965, as amended, and by the rules, regulations, and orders of the Secretary of Labor or pursuant thereto, and will permit access to his books, records, and accounts by an appropriate agency of the Federal Government and by the Secretary of Labor fob purposes of investigation to ascertain compliance with such rules, regulations, and orders. f. In the event of the Recipient's noncompliance with the equal opportunity conditions of this Agreement or with any of such rules, regulations, or orders, this Agreement may be cancelled, terminated, or suspended in whole or in part, and the Recipient may be declared ineligible for further govern- ment contracts or federally assisted contracts in accordance with procedures authorized in Executive Order No. 11246 of September 24, 1965, as amended, and such other sanctions may be imposed and remedies invoked as provided in said Executive Order, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. g. The Recipient will include all clauses (a) to (g), inclusive, in every suBagreement or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order No. 11246 of September 24, 1965, as amended, so that such provisions will be binding upon each subcontractor or vendor. The Recipient will take such action with respect to any subcontractor or vendor as the appropriate agency of .the Federal Government may.direct as a means of en- forcina such provisions. including sanctions for noncompliance, provided, however, that in the event the Recipient becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the appropriate agency of the Federal Government, the Recipient may request the United States to enter into such litigation to protect the interest of the United States. 7.2 Exemptions to the requirements of the above Equal Opportunity conditions are construction contracts and subcontracts not exceeding $10,000, and contracts and subcontracts with regard to work performed outside of the United States by employees who were not recruited in the United States. Section 8.0 Interest of Recipient. Officials, and Others 8.1 Division - No officer, member, or employee of the Division and no member of its governing body, and no other public official of the governing body of the locality or localities in which the project is situated or being carried out who exercises any functions or responsibilities in the review and approval of the undertaking or carrying out of this project, shall participate in any decisions relating to this Agreement which affect his personal interest or the interest of any corporation, partnership, or association in which he is, directly or indirectly interested or have any personal or pecuniary interest, direct or indirect, in this Agreement or the proceeds thereof. 8.2 Recipient - The Recipient covenants that it presently has no . interest"and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this Agreement. The Recipient further covenants that in the performance of this Agreement no person having any such interest shall be employed. 8.3 Officials - No members of or delegates to the Congress of the United States of America, and no Resident Commissioner, shall be admitted to any share or part hereof or to any benefit to arise herefrom. Section 3.0 Assignment of Interest Neither this Agreement or any interest therein nor claim thereunder shall be assigned or transferred by the Recipient to any other party or parties. Section 10.0 Project Commencement The Recipient agrees he will not begin performance under the terms of this Agreement until said Recipient is notified by the Division that the U.S. Department of the Interior has approved plans and specifications for the project named in this Agreement. Section 11.0 Protect Sign Promptly following the commencement of the Project, cause to be prepared and erected at a conspicuous point therein at least one (1) sign satis- factory to the Division and the U.S. Department of the Interior identifying the project and indicating the State's and Federal Government's participation with respect therein, and -thereafter cause -said sign to be.maintained in the project at all times during its development. 103/ Section 12.0 Agreement coverage This instrument contains the entire Agreement between the parties and any statements, inducements or promises not contained herein shall not be binding upon said parties. This Agreement shall insure to the benefit of, and be binding upon the successors in office of the respective parties. If any of the provisions herein shall be in conflict with the laws of the State of Iowa, or shall be declared to be invalid by any court of record of this State, such invalidity shall be construed to affect only such portions as are declared invalid or in conflict. Section 13.0 Public Access to Grant Funded Properties For all acquisition projects and for development projects which involve only exterior work or work on mechanical systems, the public access pro- visions are not required as part of this Agreement if the property is clearly visible from a public right of way. When the grant assisted project is not clearly visible from a public right of way or includes interior work, the Recipient agrees to provide public access to the interior no less than 12 days a year. Nothing in this agreement will prohibit the Recipient from charging a reasonable nondis- criminatory admission fee, comparable to fees charged at similar facilities in the area. For grant assisted properties that are not open to the public on a continu- ous basis (more than 12 days annually) and where the improvements assisted with Historic Preservation Fund grant funds are not Visible from the public right of way, the Recipient will publish notification in newspapers of general circulation in the community or area in which the property is located giving dates and times when the property will be open to the public. Documentation of such notice will be furnished annually to the Division during the term of the covenant or this Agreement, whichever period of time runs longer. /A:3Oz EXHIBIT B. SPECIAL CONDITIONS Article 1.0 Identification of Parties This Agreement is entered into by and between the Iowa State Historical Department, Division of Historic Preservation, hereinafter called the "Division", and the City of Iowa City hereinafter called the "Recipient". Article 2.0 Project Location Work carried out under the terms of this Agreement shall be performed at: The Senior Center 28 S. Linn St. Iowa City, Iowa 52240 (formally U.S. Post Office) Article 3.0 Designation of Project Officials 3.1 Division - The Director, Division of Historic Preservation is the State Official authorized to execute any changes in the terms, conditions, or amounts specified in this Agreement. He may designate a member of his staff to negotiate, on behalf of the State, any changes to this Agreement. 3.2 Recipient - The Mayor of Iowa City is authorized to execute any changes in the terms, conditions, or amounts specified in this Agreement. He or his appointee is designated to negotiate any changes in this Agreement. Article 4.0 Additional Special Conditions 4.1 Audit Requirements - The findings and results of this Agreement shall be audited upon completion or as deemed appropriate throughout the Agreement duration. 4.2 General Obligations - All work performed under this Agreement shall be carried out in a lawful,.proper, and satisfactory manner in accord- ance with appropriate Federal, State, and local rules and regulations; and such circulars, policies, procedures and requirements as may from time to time be prescribed by the U.S. Department of the Interior. Article 5.0 Conditions of Payment 5.1 Maximum Payments - It is expressly understood and agreed that the maximum amounts to be paid to the Recipient by the Division for any item of work or service shall be the amount specified herein. All payments for work and services under this Agreement shall be on a cost incurred, non-profit basis, except that advance payments may be allowed as mutually agreed upon. I /0.33 5.2 Requisition for Payment - All payments to the Recipient shall be subject to the receipt by the Division of a requisition for payment at least once every 6 Mos'pykx The requisition shall be made according to the format specified by the Division. 5.3 Receipt of Federal Funds - All payments hereunder shall be subject to the receipt of Federal funds by the Division. The termination, reduction, or delay of Federal grant funds to the Division shall, at the option 6f the Division, be reflected in a corresponding modification to the conditions of this Agreement. Article 6.0 Completion Report It is expressly understood and agreed that the project for which this grant has been made shall be completed in a timely manner and that a project completion report shall be submitted by the Recipient not later than . The completion report shall be prepared in accordance with the format specified by the U.S. Department of the Interior. The final ten (10) percent payment of the Federal share of the grant will be made upon receipt of the completion report to the Division. /d3 SZ VITEOSTATES POSTAL SERVICE EXHIBIT D FIELD REAL ESTATE & BUILDINGS OFFICE 5700 Broadmoor, Room 920 Mission, KS 66202199_' RECEI`JLD ��� DATE, May 29, 1980 OUR REF, CER2: ORStites : dh SURD ECT, Repairs to Southeast Corner of Parapet Former Post Office Building TO: Iowa City, Iowa Mr. Neal G. Berlin, City Manager Civic Center 410 E. Washington Street Iowa City, Iowa 52240 Dear Mr. Berlin: This letter of understanding is being furnished to you in order to establish the duties and responsibilities of the United States Postal Service and the City of Iowa City, Iowa with respect to the replacement of a damaged stone in the southeast parapet of the former post office building. This damage was done by lightning prior to the transfer of title to said building by the Postal Service to the City. At the time the repairs were originally made, the damaged portion was replaced with concrete rather than limestone, the original building material. It has been the contention of the City that the repairs as originally made do not comply with federally established standards of historic preservation, and are neither historically nor architecturally consistent with the remainder of the structure. In order to resolve all matters with respect to said repairs, the City of Iowa City will contract, in its name and through its contracting procedures,with a reputable contractor to perform, within a reasonable length of time, repairs to the southeast parapet by replacing the damaged area with limestone, in accor- dance with federally established standards of historic preservation, and in such manner that said repairs shall be historically and architecturally consistent with the remainder of the structure. Upon notification by the City of Iowa City that the project is fully completed, the Postal Service will reimburse the City for the costs of such work in an amount not to exc - Postal Service sh further responsib Mr. Deal G. Berlin City of Iowa City,�Iowa - page 2 - If this letter of understanding meets with the approval of the governing body of the City, please have one copy executed by the Mayor and attested to by the City Clerk and returned to this office. Sincerely yours, GILBERT P. MULLEN Field Manager Enclosure The City of Iowa City, Iowa concurs in the foregoing letter of understanding.. 7 Attest: %%/,i;.� ) 7�� �t-7_�ll�/> _C 1 �� �r--T�'- I' Mayor &ecak,z,d b ApP"O`red nt By Tho WIP4 De ) yc ATTACHMENT A HISTORIC PRESERVATION COVENANT This covenant is executed the day of 19 by the City of Iowa City (a municipal corporation) (hereafter referred to as the "Subgrantee") and in favor of the State acting through the Iowa State Historical Department, Division of Historic Preservation, State Historic Preservation officer (hereafter referred to as the "Grantee") for the purpose of the (acquisition, protection, stabilization, preservation, rehabilitation, restoration, and/or reconstruction) of a certain Property known as (National Register Title) The Old Post Office 28 S. Linn St. located at (Address) (County) Johnson (State)Iowa, which is owned in fee simple by the Subgrantee and is listed in the National Register of Historic Places. The Property is comprised essentially of grounds, collateral, appurtenances, and improvements and is known as the (Property Name as Listed in the National Register of Historic Places) Old Post Office (former Main Post Office) The Property is more particularly described as follows: (Cite reference, including repository, book, and page number(s)) All of Lots 5 and 6 and the west 50 feet of Lot 7, located in the City of Iowa City, Johnson County, Iowa . Block 61, Book #507, P.397 Johnson County Recorder's Office. The Subgrantee has applied for an Historic Preservation Fund Grant -in -Aid under Section 101(a)(2) of the National Historic Preservation Act of 1966, as amended (P.L.89-665; 80 Stat 915), which grant is administered by the Grantee. In consideration of the sum of $ 23,000.00 received in grant- in-aid assistance through the Grantee from the Heritage Conservation and Recreation Service, United States Department of the Interior, the Subgrantee hereby agrees to the following. 1. The Subgrantee agrees to encumber the title to the property with this Covenant running with the land, in favor of and legally enforceable by the Grantee for a period of five (5) years as specified in paragraph 3 herein. 2. The Subgrantee, its successors and assigns, further grant the Grantee the first right of refusal in the event of a contemplated sale of the Property described above during the Covenant period for a period of five (5) years as specified in paragraph 3 herein. COVENANT 2 3. The Subgrantee agrees to assume the cost of continued maintenance and repair of the property so as to preserve the architectural, historical, or archaeological integrity of the property for 5 years beginning not later than the Heritage Conservation and Recreation Service approved end date -for the grant-in-aid project in order to protect and enhance those qualities that made the property eligible for listing in the National Register of Historic Places. Nothing in this Covenant shall prohibit the Owner from seeking financial assistance from any source available to him. �. The Subgrantee agrees that no visual or structural alterations will be made to the Property without prior written authorization of the Grantee. Alterations approved by the Grantee must be accomplished in accordance with "The Secretary of the Interior's Standards for Historic Preservation Projects". 5. The Subgrantee agrees that when the Property is not clearly visible from a public right-of-way or includes interior work assisted with Historic Preservation Fund grant funds, the Property will be open to the public not less than 12 days per calendar year on an equitably spaced basis and at other times by appointment. Nothing in this Covenant shall prohibit the Owner from charging a reasonable nondis- criminatory admission fee, comparable to fees charged at similar facilities in the area. The Owner further agrees that when the Property is not open to the public on a continuing basis, and when the improvements assisted with Historic Preservation Fund grant funds are not visible from the public right-of-way, notification will be published in newspapers of general circulation in the community area in which the Property is located giving dates and times when the Property will be open to the public. Documentation of such notice will be furnished annually, not later than December 31st, to the Grantee during the Covenant period. 6. (Archaeological Projects Only) The Subgrantee agrees to assure the protection of the site against willful damage or vandalism. Nothing in this Covenant prohibits the Owner from developing the site in such a manner that will not threaten or damage the archaeological resource. 7. (Archaeological Projects Only) The Subgrantee agrees to assure that any archaeological data and material recovered will be placed on permanent loan with an institution that will care for the recovered data in the manner prescribed in 36 CFR 1210 (formerly 36 CFR 66). 8. (Archaeological Projects Only) If there are no visible features above ground, public access requirements will be limited to providing access to interested persons on selected days of the year_ When the site is not clearly visible from a public right-of-way, the provisions stated in provision 5 of this covenant shall apply. COVENANT 3 9. The Subgrantee agrees that the Grantee, its agents and designees shall have the right to inspect the Property at all reasonable times In order to ascertain whether or not the conditions of the Covenant are being observed. 10. In the event of nonperformance or violation of the maintenance provision of the Covenant by the Subgrantee, the Grantee shall have the right to initiate action to require the Subgrantee to restore the Property to the condition existing at the time of project completion. Owner /Mayoo/r FOR OWNERS EXCEPT CORPORATIONS Attest: ��' Cit Clerk 4STATE OF IOWA, COUNTY OF�� ss. `` On this /% t-4 day of /Y�- , 1996, before me, the undersigned Notary Public in and for the State'lo Iowa,� personally L ' me known to be t�nt,i-alTperson C((s)) named in and who oo executedthe foregoing instrument, and acknowledged that they executed the same as their voluntary act and deed. ---------------------------------------------------------------------------------- FOR OWNERS THAT ARE CORPORATIONS t STATE OF IOWA, COUNTY OF ss. On this day of , 19 , before me, the undersigned Notary Public in and for the State of Iowa, personally appeared to me personally known, who being by me duly sworn, did say that they are the and , respectfully, of said corporation executing the fore- going instrument; that (no seal has been procured by the said) (the seal affixed thereto is the seal of said) corporation; that said instrument was signed (and sealed) on behalf of said corporation by authority of its Board of Directors; and that the said and as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and be them voluntarily executed. A37 DI 1 r.n \ a SD ATTAC I LAf E- Nf U.S. DiehlMIKl DI 1111 IRlitrot 1lS5UWC[ 01 COMPUkHCE 1111LI TI, MR t16R11 ail DI 1161) City of Iowa City (hcrcinafrcr ollcd ''Applicant-Rccipicnt••) I,r and HEREBY AGREES THAT 1T will cornply with Title Vl o[ the Civil Rights Act of ]9G4 (P.L 88-352 ) all requirements imposed by or pursuant to the Dcparrmcnt of the Interior Rcgulation (43 CFR 17) issued m to that title, to the end that, in accordance with Title VI of that Act and the Rcgulation, no per. pursua son in the United States shall, on the ground of race, color, or national origin be excited ro from or acct. P" 13 tion in, be denied the benefits of, or be otherwise subjected to discrimination Hiender riany L__p program 'C and for Which the Applicant-Rt•cipicnt rcccivrs liras racial asslsn race from QIV is -106611 H crcb)' Gives Assurance That It will immcdiatcl)• take any measures to efrcctuarc this agreement. d with aid of ial ricc If any real property or structure thereon;iV- ofd Hi Stox"1C_Pror e5_erVdt10[_. This asslurrance oblsalctsa ilii extended to the Applican t.Rcupicnt b)' �a r.,..1 oR,tx in the case or any transfer of such property, any Iran /applicant Rec ipicnt, ors(c ret for clic period Burin, which the Ica] properr)' otes the Applicant -Roup Icor for the pence I structure is used for a purpose Involving the provision of similar scn"ces or bent fits. If any personal properpbli • is so p,os•ided, this assurance oga during which it retsina ownership or possession of the properr)'. In all other cases, this assurance ohligalc the ng p'h;ch Rccipicnt for the period dunng which she Federal financial assistance is extended to it by— The of Ni Stnri..Lpr_OSBr-Vater n — flog.. er OR�tt . THIS ASSURANCE is given in considcntion of and for flit purpose of obtaining any and all Fcdcral genu loans, contracts, property discounts or other Fcdcral hrtneial assistance extended after she date hereof w th a Applicant-Rreipient by the bureau or office, including installment pa)-ments after such date on account c nancial ssslstxnec which Acre approved berore such date. The Applicant.Rcclplcr >rnngemen[s for Federal Fi and gigrccmcnts gmadctint this sFcdCTaluch ss r.rico and lal thatsthe Unitcdl States t shall reserve the right to a arekc ludicli' enforcement ni this assn rancor This assurance is binding on the Applicant-Rcclp'cnt, Its successors, trap nfor, and sof This s, and clic person or persons whose signature appear beloss' arc authorlzcd to sign th fc,ccs assurance un behalf of the Applicant-Rccipicnt. . /' •�� City of Iowa City A 1'PLIUtJT-R ECJ PI paT - AITD • (Prm;dr•q Ch.nm,., Df p�•,d nr Co mP. r. blr - � .o,bor�•d ORd.I 410 E. Washin ton St. Iowa Cit Iowa 52240 APPll CAi'-r•Rl: Ll l'IWT'S MAIIJNG ADDRESS s, - - .. w�---r-•^•-:'-"""'' �ysl-e S/O RESOLUTION NO. 80-412 RESOLUTION AUTHORIZING AND DIRECTING THE CITY CLERK TO PUBLISH NOTICE OF INTENT TO ACCEPT A PROPOSAL TO PURCHASE AND REDEVELOP CERTAIN URBAN RENEWAL PROPERTY FROM PLAZA TOWERS ASSOCIATES WHEREAS, the City of Iowa City, Iowa, has under date September 2, 1970, entered into a contract for loan and grant with the United States of America; and WHEREAS, the City of Iowa City, Iowa, has undertaken pursuant to said contract an Urban Renewal Project known as the City -University Project I, Project Number Iowa R-14; and, WHEREAS, the City of Iowa City, Iowa, has received an entitlement of funds pursuant to the Housing and Community Development Act of 1974; and, WHEREAS, the City of Iowa City, Iowa, has pursuant to the provisions of Title 24, Part 570, Section 570.801(c), of the Code of Federal Regulations, transferred control of certain real property acquired in carrying out said Urban Renewal Project to the City Council of the City of Iowa City from the City Council acting as LPA, by Resolution Number 76-446, dated December 14, 1976, and by Resolution Number 77-312, dated August 9, 1977; and, WHEREAS, the City Council of Iowa City, Iowa, caused to be issued a solic- itation of Offers to Purchase Land for Private Redevelopment for Parcel No. 64-1; and, WHEREAS, Offers to Purchase Land for Private Redevelopment were received and opened by the City of Iowa City on April 8, 1980; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that pursuant to the authority granted by Section 403 of the 1979 Code of Iowa and Section 570.801(c) of Part 570, Title 24, Code of Federal Regulations, that the City Clerk is hereby authorized and directed to publish Notice of Intent to Accept Proposal to Purchase and Redevelop Certain Urban Renewal Property, a copy of which notice is attached hereto and incorporated herein. BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to place on file and maintain for public inspection the Resolution, Agreement, and Proposal referenced in said notice. The Resolution and Agreement referenced in said notice are attached hereto and hereby incorporated herein. %0 C// -z - It was moved by Perret and seconded by Neuhaucer _ 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 x Roberts Vevera Passed and approved this 16th day of September , 1980. Mayor ATTEST: r('z,/� yLQ City Clerk i Awad A ElF r �.•s�? /O el -2— 42--A4,4G RESOLUTION NO. 80-413 RESOLUTION ESTABLISHING JUST COMPENSATION FOR THE ACQUISITION OF REAL PROPERTY FOR PHASE II OF THE LOWER RALSTON CREEK NEIGHBORHOOD REVITALIZATION PROJECT (PARCEL NO. 12). WHEREAS, the City Council of the City of Iowa City did approve Resolution No. 79-242 authorizing application for federal funds under the Community Development Block Grant/Small Cities Program for improvements in the Lower Ralston Creek; and WHEREAS, the Department of Housing and Urban Development has formally approved said application; and WHEREAS, the City Council did approve Resolution No. 79-489 authorizing the acquisition of real property required for said project; and WHEREAS, a real estate appraisal and review appraisal have been conducted to establish fair market value for the above named parcel to be acquired as part of Phase II of said project; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA: 1. That the following amount is hereby determined to be just compensation for the purpose of acquisition of the following real property: $131,000 for Parcel No. 12, legally described as: "Lot 2, 3 and 4 in Block 18, County Seat Addition to Iowa City, Iowa, according to the recorded plat thereof subject to easement and restrictions of record." 2. That the City Manager and the Community Development Block Grant Program Coordinator are hereby authorized and directed to begin negotiations for the acquisition of said parcels in accordance with real property acquisition regulations of the Department of Housing and Urban Development. 3. That tide City Manager, acting as executive officer of all housing and community development block grant programs, is hereby authorized to contract for the purchase of said parcels. It was moved by Neuhauser and seconded by Perret 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 16thday of September 1980. ,1AY0R roved ATTEST: Rmtivod i Approved CITY CLERK.. hT49 Legal Depart ent /D S3 U z O J LEGEND ACQUISITION MAP ImPROPERTY TD S[ ACQUIRED ._ pROJECT BOUNDARY STREET CLOSED TO TRAFFIC VACATED' SIRLETS 00 $LOCK NUMBER .. PARCEL NUMSER CITY OF IOWA CITY • SCALE - -CChQ '•• e� RTVISED'I • • ^ By The Legal porp'tT»:nt 23 0 o-- > c 6 /D fGfL RESOLUTION NO. 80-414 RESOLUTION APPROVING CLASS "B" BEER PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class "B" Beer Permit Application is hereby approved for the following named person or persons at the following described location: T. I. Investments, Inc. dba Godfather's Pizza, 531 Hwy. 1 West 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 be endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by Roberts and seconded by Lynch that the Resolution as rea-3 be adopted, and upon rM ca lT there were: AYES: NAYS: ABSENT: Balmer x Lyfich Erdahl_ Neuhauser x Perret x Roberts x Vevera x Passed and approved this 23rd day of September 1980 1 J Attest: /t t City Clerk / 0 V.S RESOLUTION NO. 80-415 RESOLUTION OF APPROVAL OF CLASS B SUNDAY PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class B Sunday Permit application is hereby approved for the following named person or persons at the following described location: T. I. Investments, Inc. dba Godfather's Pizza, 531 Hwy. 1 West Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance of state law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, bond, and all other information or docu- ments required to the Iowa Beer and Liquor Control Department. It was moved by Roberts and seconded by Lnch that the Resolution as read be adopted, and upon ro ca there were: AYES: NAYS: Balmer x Lynch x Erdahl x Neuhauser x Perret x Roberts x Vevera x Passed and approved this 19 80 Attest: Z& - City Clerk ABSENT: 23rd day of September a or RESOLUTION NO. 8o-416 RESOLUTION APPROVING CLASS c LIQUOR CONTROL LICENSE APPLTCATTM BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class c Liquor Control License application To is hereby approve3-r the following named person or persons at the following described location: Ask Co. dba Felix & Oscar's, 5 South Dubuque St. Said approval shall be subject to any conditions or re- strictions hereafter imposed by ordinance or State law. The City Clerk shall cause a recommendation for approval to he endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond, sketch of the premises and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by Roberts and seconded by —LLnch that the Resolution as re�eTadopted, and upon rol ca there were: AYES: NAYS: ABSENT: Balmer x Lynch x Erdahl x Neuhauser x Perret x Roberts x Vevera x Passed and approved this 23rd day of September , 19 80 V l layor Attest: City Clerk /o f<7 RESOLUTION NO. 80-417 RESOLUTION OF APPROVAL OF CLASS C SUNDAY PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class �� Sunday Permit application is hereby approved for the following named person or persons at the following described location: Ask Co. dba Felix & Oscar's, 5 South Dubuque St. Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance of state law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, bond, and all other information or docu- ments required to the Iowa Beer and Liquor Control Department. It was moved by Roberts and seconded by Lynch that the Resolution as read be adopted, and upon roll call there were: Balmer AYES: NAYS: x Lynch x Erdahl x Neuhauser x Perret x Roberts x Vevera x Passed and approved this 19 80 . a or Attest: City Clerk ABSENT: 23rd day of September RESOLUTION NO. 80-418 RESOLUTION TO ISSUE CIGARETTE PERMITS WHEREAS, the following firms and persons have made appli- cation and paid the mulct tax required by law for the sale of cigarettes and cigarette papers; therefore, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the applications be granted and the City Clerk be and he/she is hereby directed to issue a permit to the following named persons and firms to sell cigarette papers and cigarettes: Ogden Food Service Corp. dba Univ. of Iowa Football Stadium Micky's, Inc, dba Micky's, 11 S. Dubuque It was moved by Roberts and seconded by Lynch that the Resolution as read be adopted, and upon roll call there were: Balmer Lynch Erdahl Neuhauser Perret Roberts Vevera AYES: NAYS: X X X X X X X ABSENT: Passed and approved this 23rd day of September , 19 80 'Jla-,Zor Attest: a/z �L City Clerk RESOLUTION N0. 80-419 RESOLUTION ACCEPTING THE WORK FOR THE FY81 ASPHALT RESURFACING PROJECT WHEREAS, the Engineering Department has recmnnended that the im- provement covering the FY81 Asphalt Resurfacing Project as included in a contract between the City of Iowa City and L. L. Pelling Co., Inc. of Iowa City, Iowa dated July 16, 1980 , be accepted, AND WHEREAS, the Council finds the improvement is in place and does comply with the requirements for such improvements, , AND WHEREAS, maintenance bonds have been filed, NOW THEREFORE, BE IT RESOLVED by the City Council of Iowa City, Iowa, that said improvements be hereby accepted by the City of Iowa City, Iowa. It was moved by Roberts and seconded byL nch that the resolution as re e a opt , and upon roll call ere were: AYES: NAYS: ABSENT: Balmer x Erdahl x Lynch x Neuhauser x Perret x Roberts x Vevera x Passed and approved this 23rd day of September 19 8Q —��fayor c ATTEST: .uaCJ City Clerk RECEIV I $ lU'p ova l '! CITY OF 10\/ A CITY CIVIC CENTER 410 E. WASHINGTON ST. IOWA CITY IOWA 52240 (319) 354-180 ENGINEER'S REPORT September 17, 1980 Honorable Mayor and City Council Iowa City Iowa Dear Honorable Mayor and Councilpersons: 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 City. The required maintenance bond is on file in the City Clerk's office. FY81 Asphalt Resurfacing Project as constructed by L.L. Pelling Company, Inc. of Iowa City, Iowa. I hereby recommend that the above mentioned improvements be accepted by the City of Iowa City. Respectfully submitted, Charles J. Schmadeke, P.E. City Engineer bj3/1 /D-`7 RESOLUTION N0. 80-420 RESOLUTION ACCEPTING THE YORK FOR THE NEIGHBORHOOD SITE IMPROVEMENTS - CURB RAMP AND SIDEWALK REPAIR PROGRAM (HIGHLAND NEIGHBORHOOD) WHEREAS, the Engineering Department has recommended that the im- provement covering the Neighborhood Site Improvements - Curb Ramp and Sidewalk Repair Program (!Highland Neighborhood) as included in a contract between the City of Iowa City and Wolf Construction Inc. of Iowa City, Iowa dated June 19, 1980 , be accepted, AND WHEREAS, the Council finds the improvement is in place and does comply with the requirements for such improvements, AND WHEREAS, maintenance bonds have been filed, NOW THEREFORE, BE IT RESOLVED by the City Council of Iowa City, Iowa, that said improvements be hereby accepted by the City of Iowa City, Iowa. It was moved by Roberts and seconded by Lynch that the resolution as read be a opt , and upon roll call there were: AYES: NAYS: ABSENT: Balmer x Erdah1 x Lynch x Neuhauser x Perret x Roberts x Vevera x Passed and approved this 23rd day of September lg 80 Mayor - ATTEST: City Clerk iiECEIVFv & AYP?ovm) I\5����• a• ..6T •g� CITY OF CIVIC CENTER 410 E. WASHINGTON ST. CITY IOWA CITY IOWA 52240 (319) 354.1800 ENGINEER'S REPORT September 17, 1980 Honorable Mayor and City Council Iowa City Iowa Dear Honorable Mayor and Councilpersons: 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 City. The required maintenance bond is on file in the City Clerk's office. Neighborhood Site Improvements -Curb Ramp and Sidewalk Repair Program as constructed by Wolf Construction, Inc. of Iowa City, Iowa. I hereby recommend that the above mentioned improvements be accepted by the City of Iowa City. Respectfully submitted, Charles J. Schmadeke, P. E. City Engineer bj3/1 /os -,3 RESOLUTION NO. 8 0 - 4 21 RESOLUTION ACCEPTING SANITARY SEWER IN BARKER'S FIRST ADDITION WHEREAS, the Engineering Department has certified that the following improvements have been completed in accordance with plans and specifications of the City of Iowa City, Sanitary sewer for Barker's First Addition, Iowa City, Iowa, as constructed by Knowling Brothers Contracting Company of Iowa City, Iowa. AND WHEREAS, Maintenance Bonds for Knowling Bros. Contract. Co. are on file in the City Clerk's office, NOW THEREFORE BE IT RESOLVED by the City Council of Iowa City, Iowa, that said improvements be accepted by the City of Iowa City. It was moved by Roberts and seconded by Lynch that the Resolution as read be accepted, and upon roll call there were: NAYS: ABSENT: Balmer x Erdahl x Lynch x Neuhauser x Perret x Roberts x Vevera x Passed and approved this 23rd day of September , 19 80 . 7. ? Mayor m _� ATTEST:E /id C BY T EIYIDA& PRO VED City Clerk :%;I )&c/ % - O CITY OF 10\NA CITY CIVIC CENTER 410 E. WASHINGTON ST IOWA CITY IOWA 52240 (319) 354-180D ENGINEER'S REPORT September 17, 1980 Honorable Mayor and City Council Iowa City Iowa Dear Honorable Mayor and Councilpersons: 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 City. The required maintenance bond is on file in the City Clerk's office. Sanitary sewer for Barker's First Addition as constructed by Knowling Brothers Contracting Company of Iowa City, Iowa. I hereby recommend that the above mentioned improvements be accepted by the City of Iowa City. Respectfully submitted, b 0 .b Charles J. Schmadeke, P. E. City Engineer bj3/1 J RESOLUTION NO. 80-422 RESOLUTION ACCEPTING THE WORK FOR THE LOWER CITY PARK BIKE TRAIL - FY81 WHEREAS, the Engineering Department has recommended that the im- provement covering the Lower City Park Bike Trail - FY81 as included in a contract between the City of Iowa City and L. L. Pelling Co., Inc. of Iowa City, Iowa dated July 29, 1980 , be accepted, AND WHEREAS, the Council finds the improvement is in place and does comply with the requirements for such improvements, AND WHEREAS, maintenance bonds have been filed, NOW THEREFORE, BE IT RESOLVED by the City Council of Iowa City, Iowa, that said improvements be hereby accepted by the City of Iowa City, Iowa. It was moved by Roberts and seconded by that the resolution as read be adopted, and upon roll call eeft were: AYES Balmer x Erdahl x Lynch x Neuhauser x Perret x Roberts x Vevera x Passed and approved this 23rd ATTEST: NAYS: ABSENTT: day of September , 19 80 BY T�EE GdL D AR ANT /.o 5'1/v CITY OF CIVIC CENTER 410 E. WASHINGTON ST 0\/ A CITY IOWA CITY IOWA 52240 (319) 354.180 ENGINEER'S REPORT September 17, 1980 Honorable Mayor and City Council Iowa City Iowa Dear Honorable Mayor and Councilpersons: 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 City. The required maintenance bond is on file in the City Clerk's office. Lower City Park Bike Trail - FY81 as constructed by L.L. Pelling Company, Inc. of Iowa City, Iowa. I hereby recommend that the above mentioned improvements be accepted by the City of Iowa City. Respectfully submitted, In �^ v e J /.h4-���Q Charles J. Schmadeke, P. E. City Engineer bj3/14 a /DS% RESOLUTION NO. 80-423 RESOLUTION APPROVING LARGE SCALE NON-RESIDENTIAL DEVELOPMENT PLAN THOMAS & BETTS/ANSLEY WHEREAS, the owner and proprietor, Thomas & Betts/Ansley has filed with the City Clerk of Iowa City, Iowa, a preliminary/final Large Scale Non -Residential Development plan for an addition to their existing plant in the City of Iowa City, Iowa, covering the following described premises located in Iowa City, Johnson County, Iowa, to -wit: Commencing at the concrete monument at the northwest corner of the southwest quarter of Section 22, Township 79 North, Range 6 West of the 5th P.M., thence South 0° 16' west 907.0 feet to the centerline of the Chicago, Rock Island and Pacific Railroad Track, thence South 21* 56' east 54.2 feet to the right of way line of said railroad and the place of, beginning; from said point of beginning thence southwesterly 351.0 feet along a 6660 foot radius curve concave southeasterly to an iron pin, thence south 210 56' east 623.2 feet to the northerly line of the public highway, thence north 561 59' east along the northerly line of said public highway 320.9 feet, thence north 210 56' west 716.4 feet to the place of beginning; Also all rights in and to the Easement dated May 21, 1958, and recorded in Book 229, Page 41 in the office of the County Recorder of Johnson County, Iowa. Per Quit Claim deed filed in Book 399, Page 334 and Warranty Deed filed in Book 400, Pages 317 and 318. and, Commencing at the Northeast corner of the SE 1/4 of Section 21 T. 79 N. R. 6 W. of the 5th P.M., thence South 1218.57 feet; thence West 218.24 to a 1/2 inch iron pipe found and on the easterly right of way line of the Chicago, Rock Island and Pacific Railroad and the point of beginning; thence S. 21° 56' 00" E. 623.20 feet to a 1/2 inch iron pipe found; thence S. 210 56'00" E. 33.65 feet to the centerline of old Pleasant Harris Road; thence S. 56° 47'30" W. 462.61 feet along said centerline; thence N. 10 58'00" E. 40.37 feet to a 1/2 inch iron pipe found; thence N. 10 58'00" E. 662.89 feet to a 1/2 inch iron pipe found and Easterly right of way line of said railroad; thence Northeasterly 198.48 feet along a 2814.93 foot radius curve concave southeasterly to the point of beginning. Said tract containing 4.32 acres, more or less, subject to easement of record. Per warranty deed file in Book 400, Page 316. and WHEREAS, said property is owned by the above-named corporation and the dedications as required by applicable city ordinances have been made with the free consent and in accordance with the desires of said proprietor; and 1pSg WHEREAS, said preliminary/final Large Scale Non -Residential Development plan has been examined by the Planning and Zoning Commission of Iowa City, and after due deliberation, said Commission has recommended that said plan be accepted and approved; and WHEREAS, said preliminary/final Large Scale Non -Residential Development plan is found to conform with the requirements of the City Ordinances of the City of Iowa City, Iowa, and all other statutory requirements; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That said preliminary/final Large Scale Non -Residential Development plan is hereby approved by the City Council of Iowa City, Iowa and subject to the submission and approval of the legal papers. 2. That the Building Inspector is authorized to issue a building permit only for construction of footings/foundations and walls until the above contingency is resolved. BE IT FURTHER RESOLVED that the City Clerk of the City of Iowa City, Iowa, is hereby authorized and directed to certify a copy of this resolution and of the preliminary/final Large Scale Non -Residential Development plan to the Office of the County Recorder of Johnson County, Iowa. It was moved by Vevera and seconded by Roberta that the resolution as read be adopted, and upon roll call there were: AYES: NAYS ABSENT: Balmer Erdahl Lynch Neuhauser Perret Roberts Vevera Passed and approved this 23rd day of September ATTEST: CITY CLERK , 1980. 1o,S� NOTICE OF PUBLIC HEARING ON _...ENTION TO ISSUE INDUSTRIAL DEVELOPMENT REVENUE BONDS (THOMAS & BETTS CORPORATION PROJECT) Notice is hereby given that a public hearing will be conducted before the Council of the City of Iowa City, Iowa, in the Council Chambers at the Civic Center, 410 East Washington Street, in said City, at 7:30 o'clock P.M., on September 23, 1980, on the proposal to issue not to exceed $5,500,000 principal amount of the City's Industrial Development Revenue Bonds (Thomas & Betts Corporation Project), pursuant to the provisions of Chapter 419 of the Code of Iowa, for the purpose of defraying all or a portion of the cost of the expansion and improvement of the existing manufacturing facilities of Thomas & Betts Corporation located within the City of Iowa City , Iowa, consisting of the construction of an addition to Company's existing facility and the acquisition and installation of machinery and equipment therein, all to be suitable for use in the manufacture of electronic equipment, including stamping and gold plating metal contacts, molding plastic connectors and manufacturing flat cable. The proposed facility will be owned by Thomas & Betts Corporation, a New Jersey corporation, duly qualified and authorized to do business in the State of Iowa. It is contemplated that a Loan Agreement will be entered into between the City and Thomas & Betts Corporation, under which the City would loan to said Company the proceeds from the sale of the Bonds in return for loan payments from the Company sufficient to pay the principal of and interest and premium, if any, on such Bonds as the same shall fall due. Such Bonds, if issued, and the interest thereon will be payable solely out of the revenues derived from the said Loan Agreement and shall never constitute an indebtedness of said City within the meaning of any state constitutional provision or statutory limitation, and shall not constitute nor give rise to a pecuniary liability of said City or a charge against its general credit or taxing powers. All local residents who appear at said hearing shall be given on opportunity to express their views for or against the proposal to issue said Bonds, and at said hearing, or any adjournment thereof, the Council of said City shall adopt a resolution determining whether or not to proceed with the issuance of said Bonds. By Order of the City Council. ry&,� —JQ�ot—/� Abbie Stolfus, City C er f the City of Iowa City, Iowa /064 DEDICATION The undersigned, Thomas and Betts Corporation is the owner of the following described parcel in Iowa City, Iowa: Commencing at the concrete monument at the northwest corner of the southwest quarter of Section 22, Township 79 North, Range 6 West of the 5th P.M., thence South 0 degrees 16 minutes west 907.0 feet to the centerline of the Chicago, Rock Island and Pacific Railroad TracK, theme South 21 degrees 56 minutes east 54.2 feet to the right of way line of said railroad and the place of beginning; from said point of beginning thence southwesterly 351.0 feet along a 6660 foot radius curve concave southeasterly to an iron pin, thence south 21 degrees 56 minutes east 623.2 feet to rhe northerly line of the public highway, thence north 56 degrees 59 minutes east along the northerly line of said public highway 320.9 feet, thence north 21 degrees 56 minutes west 716.4 feet to the place of beginning; Also all rights in and to the Easement dated May 21, 1958, and recorded in Book 229, Page 41 in the office of the County Recorder of Johnson County, Iowa. Per Quit Claim deed filed in Book 399, Page 334 and Warranty Deed filed in Book 400, Pages 317 and 318. and, Commencing at the Northeast corner of the SE 1/4 of Section 21 T. 79 N. R. 6 W. of the 5th P.M., thence South 1218.57 feet; thence !lest 218.24 to a 1/2 inch iron pipe found and on the easterly right of way line of the Chicago, Rock Island and Pacific Railroad and the point of beginning; thence S. 21 deg. 56 min. 00 sec. E. 623.20 feet to a 1/2 inch iron pipe found; thence S. 21 deg. 56 min. 00 sec. E. 33.65 feet to the centerline of old Pleasant Harris Road; thence S. 56 deg. 47 min. 30 sec. W. 462.61 feet along said centerline; thence N. 1 deg. 58 min. 00 sec. E. 40.37 feet to a 1/2 inch iron pipe found; thence N. 1 deg. 58 min. 00 sec. E. 662.89 feet to a 1/2 inch iron pipe found and Easterly right of way line of said railroad; thence Northeasterly 198.48 feet along a 2814.93 foot radius curve concave southeasterly to the point of beginning. Said tract containing 4.32 acres; more or less, subject to easement of record. Per warranty deed file in Book 400, Page 316. Whereas Thomas and Betts Corporation does hereby set apart and dedicate to the City of Iowa City the public use forever the following described parcel: Commencing at the Northeast corner of the Southeast quarter of Section 21, Township 79 North, Range 6 West of the 5th P.M.; thence South 1,218.57 feet; thence West 218.24 feet to a 1/2 inch iron pipe found on the Easterly right- of-way line of the Chicago, Rock Island and Pacific Railroad; thence South 21° 56' 00" East 623.20 feet to a 1/2 inch iron pipe found and point of beginning; thence South 21° 56' 00" East 33.65 feet to the centerline of South Riverside Drive (old Pleasant Harris Road); thence South 560 47' 30" West 462.61 feet along said centerline; thence North 1° 58' 00" East 40.37 feet to a 1/2 inch iron pipe found; thence North 560 47' 30" East 445.93 feet to point of beginning. at 'n "•:'+"rs�^.:E UVJ 14VGQ THOMAS AND BETTS CORPORATION Marti J. Kelly STATE OF IOWA SS JOHNSON COUNTY /� On this day of (/(+, 1980, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Martin J. Kelly, to me personally known', who, being by me duly sworn, did say that he is Plant Manager for said corporation executing the within and fore- going instrument, that said instrument was signed and sealed on behalf of said corporation by authority of its Board of Directors; and that the said Martin J. Kelly as such officer acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by him voluntarily executed. iZ__1 � C_Z44� AR UBLIC IN AND OR THE STATE IOWA 10440 OPINION OF ATTORNEY I, William M. Tucker, a regular practicing attorney of Iowa City, Johnson County, Iowa, do hereby certify that I have examined an Abstract of Title to the following described real estate, to -wit: Commencing at the Northeast corner of the Southeast quarter of Section 21, Township 79 North, Range 6 West of the 5th P.M.; thence South 1,218.57 feet; thence West 218.24 feet to a 1/2 inch iron pipe found on the Easterly right-of-way line of the Chicago, Rock Island and Pacific Railroad; thence South 21°56'00" East 623.20 feet to a 1/2 inch iron pipe found and point of beginning; thence South 21°56'00" East 33.65 feet to the centerline of South Riverside Drive (old Pleasant Harris Road); thence South 56°47'30" West 462.61 feet along said centerline; thence North 1°58'00" East 40.37 feet to a 1/2 inch iron pipe found; thence North 56° 47'30" East 445.93 feet to point of beginning. It is hereby certified that fee simple title to said property is in Thomas and Betts Corporation and that the same is free from encumbrances. Dated at Iowa City, Iowa, this (j"' day of October, wLu�`f� . c Wil i�c e Bremer Bldg. P. 0. Box 2150 Iowa City, Iowa 52244 10 PERMANENT WATER MAIN EASEMENT This agreement, made and entered into by and between Thomas E Betts/ Ansley Corporation, first party, which expression shall include his, her or their heirs, agents or assigns, and the City of Iowa City, Iowa, second party, which expression shall include their agents or assigns, witnesseth: It is hereby agreed as follows: For the sum of $1.00 plus other valuable consideration, the receipt of which is hereby acknowledged, first party hereby grants and conveys to second party an easement for the purposes of excavating for and the replace- ment, maintenance and use of such water lines, pipes, mains, and conduits as second party shall from time to time elect for conveying water with all necessary appliances and fittings for use in connection with said pipe lines, together with adequate protection therefore, and also a right of way, with the right of ingress and egress 'thereto as,described on Exhibit "A" attached to this easement and by this reference made a part hereof. First party further grants to second party: 1. The right of grading said area for the full width thereof and to extend the cuts and fills for such grading into and on said lands along and outside of the said area to such extent as second party may find reasonably necessary. 2. The right from time to time to trim and to cut down and clear away any and all trees and brush on said area and to trim and to cut down and clear away any trees on either side of said area which now or hereafter in the opinion of second party may be a hazard to said lines or may inter- fere with the exercise of second party's rights hereunder in any manner; provided, however, that all trees which second party is hereby authorized to cut and remove, if valuable for timber or wood, shall continue to be the property of the first party. 3• The right of ingress to and egress from said area over and across said lands by means of roads and lanes thereon, if such there be; otherwise, by such route or routes as shall occasion the least practicable damage and inconvenience to first party; provided that such right of ingress and egress shall not extend to any portion of said lands which is isolated from said area by and public road or highway now crossing or hereafter crossing said lands. 4. Second party shall not fence said area and second party shall promptly backfill any trench made by it on said area and repair any damage it shall do to first party's private roads or lanes on said lands. Second party shall indemnify first party against any loss and damage which shall be caused by the exercise of said ingress and egress and maintenance or by any wrongful or negligent act, omission of second party or of its agents or employees in the course of their employment. First party reserves the right to use said area for purposes which will not interfere with second party's full enjoyment of the rights hereby granted; provided that first party shall not erect or construct any building on other structure, or drill or operate any well, or construct any reservoir or other obstruction on said area, or diminish or substantially add to the ground cover over said pipe lines or construct fences or plant trees in said right of way. First party does hereby convenant with second party that they are lawfully seized and possessed of the real estate above described; that they have a good and lawful right to convey it, or any part thereof. SEP 2 z 1980 ABBIE STOLFUS, C.,:,,G CITY CLERK (3) /C44 o -2 - The provisions hereof shall inure to the benefit of and bind the successors and assigns of the respective parties hereto, and all covenants shall apply to and run with the land. Dated this �3tZ{" day of t)eA.D. ,_ `�'ylc rtin J. 'K -ally, Plant(!ginager Thomsa & Betts/Ansley Corporation STATE OF IOWA) )SS: LCDM SS vaCiii JOHNSON COUNTY) Iff COMhgSSION ExPIRES i September 30, 1981 On this '�— day of am [off, 1980, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Martin J. Kelly, to me personally known, who, being by me duly sworn, did say that he is the plant manager of said corporation executing the within and foregoing instrument, that said instrument was signed and sealed on behalf of said corporation by authority of its Board of Directors; and that the said Martin J. Kelly, as such officer acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by him voluntar*1 cecutedQ. 60;; 0is n an o a e`rot' Iowa b6. SEP 2 ? 1980 ABBIE STOLFUS, C°: C CITY CLERK (3) /066 PERMANENT WATER MAIN EASEMENT EXHIBIT A Commencing at the concrete monument at the Northwest corner of the Southwest quarter of Section 22, T 79 N, R 6 W, of the 5th P.M.; thence South 0° 16' West 907.0 feet to the centerline of the Chicago, Rock Island, Pacific Raidlroad track; thence South 210 56' East 54.2 feet to the right- of-way line of said railroad; thence continuing South 21° 56' East 105.0 feet to the point of beginning of centerline herein described; thence South 470 34' West 382 feet; thence South 19° 04' West 195 feet to the Southwesterly line of the Thomas & Betts property. The location of this easement is based on city of Iowa City water department records. Should the actual water main be located elsewhere, the intent of this description is to be centered on the actual water main. SEP 2 3 1980 ABBIE STOLFUS, ^L CITY CLERK (3) PERMANENT SEWER EASEMENT This agreement, made and entered into by and between Thomas & Betts/ Ansley Corporation, first party, which expression shall include his, her or their heirs, agents or assigns, and the City of Iowa City, Iowa, second party, which expression shall include their agents or assigns, witnesseth: It is hereby agreed as follows: For the sum of $1.00 plus other valuable consideration, the receipt of which is hereby acknowledged, first party hereby grants and conveys to second party an easement for the purposes of excavating for and the replace- ment, maintenance and use of such sewage line, pipes, mains, conduits, and lift station as second party shall from time to time elect for conveying sewage with all necessary appliances and fittings for use in connection with said pipe lines, together with adequate protection therefore, and also a right of way, with the right of ingress and egres�_the,reto.as described on Exhibit "A" attached to this easement and by Hii's-'refer&nce made a part hereof. First party further grants to second party: 1. The right of grading said area for the full width thereof and to extend the cuts'and fills for such grading into and on said lands along and outside of the said area to such extent as second party may find reasonably necessary. 2. The right from time to time to trim and to cut down and clear away any and all trees and brush on said area and to trim and to cut down and clear away any trees on either side of said area which now or hereafter in the opinion of second party may be a hazard to said lines or may inter- fere with the exercise of second party's rights hereunder in any manner; provided, however, that all trees which second party is hereby authorized to cut and remove, if valuable for timber or wood, shall continue to be the property of the first party. 3• The right of ingress to and egress from said area over and across said lands by means of roads and lanes thereon, if such there be; otherwise, by such route or routes as shall occasion the least practicable damage and inconvenience to first party; provided that such right of ingress and egress shall not extend to any portion of said lands which is isolated from said area by and public road or highway now crossing or hereafter crossing said lands. 4. Second party shall not fence said area and second party shall promptly backfill any trench made by it on said area and repair any damage it shall do to first party's private roads or lanes on said lands. Second party shall indemnify first party against any loss and damage which shall be caused by the exercise of said ingress and egress and maintenance or by any wrongful or negligent act, omission of second party or of its agents or employees in the course of their employment. First party reserves the right to use said area for purposes which will not interfere with second party's full enjoyment of the rights hereby granted; provided that first party shall not erect or construct any building on other structure, or drill or operate any well, or construct any reservoir or other obstruction on said area, or diminish or substantially add to the ground cover over said pipe lines or construct fences or plant trees in said right of way. First party does hereby convenant with second party that they are lawfully seized and possessed of the real estate above described; that they have a good and lawful -right to convey it, or any part thereof. ' i n oa�F� SEP 2''pw ABBIE STOI.HIS . CITY CLERK (;3) -z- I'q The provisions hereof shall inure to the benefit of and bind the successors and assigns of the respective parties hereto, and all covenants shall apply to and run with the land. Dated this Oa)( -6 day of ^�r� �pe� A.D., 1q,20 artin J. elly, Plant Wriager Thomas b Betts/Ansley Corporation STATE OF IOWA) )SS: - IMAMc.V�DEPO JOHNSON COUNTY) My S1 tXPIRFS i� Seyembw A IM On this g?_Jeck day o �, 1980, before me, ^the undersigned, a Notary Public in and for the State of Iowa, personally appeared Martin J. Kelly, to me personally known, who, being by me duly sworn, did say that he is the plant manager of said corporation executing the within and foregoing instrument, that said instrument was signed and sealed on behalf of said corporation by authority of its Board of Directors; and that the said Martin J. Kelly, as such officer acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it a d by him volluntarily 7ecuted. 15/11 u I c In ana vor tne atare Ot Iowa d L i SFP 2 3 1980 ABBIE STOIRIS, r Al CITY CLERK (3) /'066 PERMANENT SEWER EASEMENT EXHIBIT A Commencing at the concrete monument at the Northwest corner of the Southwest quarter of Section 22, T 79N, R 6 W, of the 5th P.M.; thence South 0° 16' West 907.0 feet to the centerline of the Chicago, Rock Island, Pacific Rail- road track; thence South 21° 56' East 54.2 feet to the right-of-way line of said railroad; thence continuing South 21° 56' East 18.54 feet; thence South 68° 04' West 40.00 feet to the point of beginning of tract herein described; thence South 21° 56' East 30.0 feet; thence South 68° 04' West 30.0 feet; thence North 21° 56' West 15.88 feet; thence Northeasterly 33.16 feet along a 6,660 foot radius curve having a chord length of 33.16 feet and a chord bearing of North 420 51' 52" East. SEP 2 7 1950 ABBIE STOLFUS, C'_'C CITY CLERK (3) 1060 I 1%..f F AN,,, IJmr. EV..S C, .nPy I'hi&F I� D.,w61e, K"""r u, 11 11aynis Hhlers, Cooney, Dorweiler, Haynie & Smith If Ri,hard Smirh IJmr.I Krambwk Lawyers luhn F h7cKinnry. Ir. I. IN RnwmrnnK 300 Liberty Building IL, hard G. Sami Sixth and Gran) Wgar If I iuh Tn,ry 1. Wn...n Des Moines, Iowa 50309 I.Jm,• A. CuPV••.K 11. I. W„], (515) 243-7611 WJ ,d 11. L.,mbdl MJr4 W.IAmrman September 23, 1980 kd.wd W. RC..b., Th,,.,,, E. Slanb,rry Ms. Rosemary Vitosh Director, Department of Finance City of Iowa City Civic Center 410 E. Washington Street Iowa City, Iowa 52240 Re: $5,500,000 - City of Iowa City, Iowa Industrial Development Revenue Bonds (Thomas & Betts Corporation Project) Dear Ms. Vitosh: At your request, we are furnishing this letter in connec- tion with the proposed City Council proceedings which we pre- viously forwarded to you for adoption by the City Council of Iowa City on September 23, 1980 regarding the proposed Industrial Development Revenue Bond issue for Thomas & Betts Corporation. We have prepared these proceedings taking into con- sideration all known applicable state and federal laws, rules or regulations, and accordingly, these proceedings are legally sufficient for the intended purposes. Very truly yours, AHLERS, COONE, DORWEILER, YNIE & SMITH By omas E. Stanberry TES:ld /oa/ Iowa City, Iowa, September 23, 1980. The City Council of Iowa City, Iowa, met on the above date in the Council Chambers at the Civic Center, 410 East Washington Street, in Iowa City, Iowa, at 7:30 o'clock P.M., in open regular session, pursuant to law and the rules of said Council. The meeting was called to order by John R. Balmer, Mayor, presiding, and on roll call the following Council Members were present: Neuhauser, Perret, Roberts, Vevera, Balmer, Erdahl, Lynch Absent: None 0 —1— (Other Business) The Mayor announced that the purpose of the meeting was to hold a public hearing on the proposal to issue not to exceed $5,500,000 aggregate principal amount of the City's Industrial Development Revenue Bonds (Thomas & Betts Corporation Project) pursuant to the provisions of Chapter 419, Code of Iowa, for the purpose of defraying all or a portion of the cost of the expansion and improvement of the existing manufacturing facilities of Thomas & Betts Corporation located within the City of Iowa City, Iowa, consisting of the construction of an addition to Company's existing facilities and the acquisition and installation of machinery and equipment therein, all to be suitable for use in the manufacture of electronic equipment, including stamping and gold plating metal contacts, molding plastic connectors and manufacturing flat cable. It is pro- posed that the proceeds from the sale of said Bonds be loaned by the City to Thomas & Betts Corporation, with loan payments sufficient to pay principal of and interest and premium, if any, on such Bonds as the same shall fall due. The Mayor then asked if there was any person or persons present to express views for or against the proposal to issue said Bonds, notice of said hearing having been published as required by law. Written objections or other comments were filed by the following: (List names of persons filing objections and attach copies of same. If none, insert the word "None".) None oral objections or other comments were made by the following: (List names of persons appearing and a summary of any views expressed. If none, insert the word "None".) None -2- 1,00.3 After ample opportunity had been given to all persons who appeared at the hearing to express their views for or against the proposal to issue the Bonds, Council Member Neuhauser proposed the following Resolution and moved its adoption. Council Member Roberts seconded the motion to adopt. After due consideration of said motion, the roll was called and the Resolution was adopted by the following vote: AYES: Neuhauser, Perret, Roberts, Vevera Balmer, Erdahl, Lynch NAYS: None The Resolution was thereupon signed by the Mayor and in evidence of his approval, was attested by the City Clerk, and was declared to be effective. The Resolution is as follows: -3- RESOLUTION NO. 80-424 RESOLUTION RELATING TO THE HOLDING OF A PUBLIC HEARING AND APPROVING PROCEEDING WITH THE ISSUANCE AND SALE OF NOT TO EXCEED $5,500,000 AGGREGATE PRINCIPAL AMOUNT OF INDUSTRIAL DEVELOPMENT REVENUE BONDS (THOMAS & BETTS CORPORATION PROJECT) OF THE CITY OF IOWA CITY, IOWA. WHEREAS, the City of Iowa City, a political subdivision of the State of Iowa (the "City"), is authorized by Chapter 419 of the Iowa Code, as amended (the "Act"), to issue revenue bonds for the purpose of defraying the cost of acquiring, constructing, improving and equipping land, buildings and improvements suitable for use in the manufacture of electronic equipment, including stamping and gold plating metal contacts, molding plastic connectors and manufacturing flat cable, and to loan the proceeds from the sale of such revenue bonds, pursuant to a loan agreement, to Thomas & Betts Corporation, a New Jersey corporation duly qualified and authorized to do business in the State of Iowa (hereinafter referred to as the "Company"), to be used for the aforesaid purposes; and WHEREAS, the City has determined there is a public need in the City and its surrounding environs for improved and expanded industrial facilities as proposed by the Company; and WHEREAS, a notice of hearing on the proposal to issue not to exceed $5,500,000 aggregate principal amount of Industrial Development Revenue Bonds (Thomas & Betts Corporation Project) of the City of Iowa City, Iowa, has been published as required by law; and WHEREAS, a public hearing has been held at the time and place as specified in said notice of hearing and any and all objections or other comments relating to such Bonds have been heard and it is deemed to be in the best interests of the City of Iowa City, Iowa, that said Bonds be issued as proposed; and NOW, THEREFORE, Be It Resolved by the City Council of the City of Iowa City, Iowa, as follows: Section 1. That it is hereby determined that it is neces- sary and advisable that the City proceed with the issuance of its Industrial Development Revenue Bonds (Thomas & Betts Corporation Project) (hereinafter referred to as the "Bonds"), in an amount not to exceed $5,500,000, as authorized and permitted by the Act, and to loan the proceeds of the sale of the Bonds to the Company, all upon terms and conditions mutually satisfactory to the City and the Company. -4- /Q(w'S Section 2. That at the public hearing conducted by this Council, pursuant to published notice, all persons who appeared were given an opportunity to express their views for or against the proposal to issue said Bonds and it is hereby determined that any and all objections to the issuance of the said Bonds, are hereby overruled. Section 3. That this Council shall proceed with the necessary proceedings relating to the issuance of said Bonds upon reasonable advance notice from the Company that satisfactory financing terms have been agreed upon with the proposed purchasers and the required documentation has been prepared by Bond Counsel, and approved by all other parties, including the City Attorney of said City. Section 4. That said Bonds, if issued, and the interest thereon, will be payable solely out of the revenues derived from the financing of said Project and shall never constitute an indebtedness of the City of Iowa City, Iowa, within the meaning of any state constitutional provision, or statutory limitation, and shall not constitute nor give rise to a pecuniary liability of said City of Iowa City, Iowa, or a charge against its general credit or taxing powers. I Section 5. All Resolutions and orders or parts thereof, in conflict herewith are, to the extent of such conflict, hereby repealed and this Resolution shall be in full force and effect immediately upon its adoption. Adopted and approved this 23rd day of September, 1980. City of Iowa City, Iowa (Seal) ohn R. Ba mer Mayor Attest: Abbie Stolfus, CitN Clerk -5- /o G G CLERK'S CERTIFICATE I, Abbie Stolfus, being first duly sworn do hereby depose and certify that I am the duly appointed, qualified, and acting City Clerk of the City of Iowa City, in the County of Johnson, State of Iowa; that as such I have in my possession, or have access to, the complete corporate records of said City and of its Council and officers; that I have carefully compared the transcript hereto attached with the aforesaid corporate records; and that said transcript hereto attached is a true, correct and complete copy of all the corporate records showing the action taken by the City Council of said City at a meeting open to the public on September 23, 1980, holding a public hearing and approving the issuance of not to exceed $5,500,000 aggregate principal amount of Industrial Development Revenue Bonds (Thomas & Betts Corporation Project) of the City of Iowa City, Iowa; that said proceedings remain in full force and effect and have not been amended or rescinded in any way; that said meeting and all action thereat was duly and publicly held, with members of the public in attendance, in accordance with a notice of meeting and tentative agenda, a copy of which was timely served on each member of the Council and posted on a bulletin board or other prominent place easily accessible to the public and clearly designated for that purpose at the prin- cipal office of the Council (a copy of the face sheet of said agenda being attached hereto) pursuant to the local rules of the Council and the provisions of Chapter 28A, Iowa Code, and upon reasonable advance notice to the public and media at least twenty-four hours prior to the commencement of the meeting as required by said law. Witness my hand and the Corporate Seal of said City hereto affixed this q,3..Ed day of September/, 1980. U - (Seal) Abbie Stous, ' y l C Clerk State of Iowa ) SS.: County of Johnson ) Subscribed and sworn to before me this day, the date last above written. (Seal) Notary Public /oG% (This Notice to be Posted) NOTICE AND CALL OF COUNCIL MEETING Governmental Body: Date of Meeting: Time of Meeting: Place of Meeting: The City Council of Iowa City, Iowa. September 23, 1980 7:30 P.M. Council Chambers Civic Center 410 East Washington Street Iowa City, Iowa PUBLIC NOTICE IS HEREBY GIVEN that the above-mentioned governmental body will meet at the date, time and place above set out. The tentative agenda for said meeting is as follows: 1. Resolution Relating to the Holding of a Public Hearing and Approving Proceeding With The Issuance and Sale of Not To Exceed $5,500,000 Aggregate Principal Amount of Industrial Development Revenue Bonds (Thomas & Betts Corporation Project) of the City of Iowa City, Iowa. 2. Such additional matters as are set forth on the additional 4 page(s) attached hereto (attach copy of agenda). This notice is given at the direction of the Mayor, pur- suant to Chapter 28A, Iowa Code, as amended, and the local rules of said governmental body. � J Abbie Stol us, Clerk of the City of Iowa City, Iowa Posted: %�y��Q �{.yU?H. AP Removed: f�2g/�Pd 3':e>dA-// tp AGENDA REGULAR COUNCIL MEETING SEPTEMBER 23, 1980 Item No. 1 _ MEETING TO ORDER. ROLL CALL. Item No. 2 - MAYOR'S PROCLAMATION. a. Diabetes Bike Ride Day = September 28, 1980. Item No. 3 - CONSIDER ADOPTION OF CONSENT CALENDAR AS PRESENTED OR AMENDED: a. Approval of official Council activities of the regular meeting of September 9, 1980, subject to correction, as recommended by the City Clerk. b. Minutes of Boards and Commissions. (1) Broadband Telecommunications Commission. (2) Board of Library Trustees. C. Permit Resolutions, as recommended by the City Clerk: (1) Consider resolution approving Class B Beer Permit for T.I. Investments, Inc. dba Godfather's Pizza, 531 Highway 1 West. (renewal) (2) Consider resolution approving Class B Beer Sunday Sales for T.I. Investments, Inc. dba Godfather's Pizza, 531 Highway 1 West. (renewal) (3) Consider resolution approving Class C Liquor License for Ask Co. dba Felix & Oscar's, 5 S. Dubuque St. (renewal) (4) Consider• resolution approving Class C Liquor Sunday Sales for Ask Co. dba Felix & Oscar's, 5 S. Dubuque St. (renewal) (5) Consider resolution issuing cigarette permit. d. Motions. (1) Consider• motion to approve disbursements in the amount of $3,190,652.51 for the period of July 1 through July 31, 1980, as recommended by the Finance Director, subject to audit. /a �t r Agenda Regular• Council Meeting September 23, 1980 7:30 P.M. Page 2 Item No. 3 cont'd. e. Setting Public Hearings. (1) Consider a motion to set a public hearing on October 7, 1980, to adopt the 1979 Edition of the Uniform Fire Code as prepared by the International Conference of Building Officials and the Western Fire Chiefs Association. f. Resolutions. (1) Consider resolution accepting the work for the FY81 Asphalt Resurfacing Project. (2) Consider resolution accepting the work for the Neighbor- hood Site Improvements - Curb Ramp and Sidewalk Repair Program (Highland Neighborhood). (3) Consider resolution accepting the sanitary sewer in Barker's First Addition. (4) Consider resolution accepting the work for the Lower City Park Bike Trail FY81. g. Correspondence. (1) Letter from three members of the Knights of Columbus requesting two parking stalls for the handicapped in the 300 block of Washington Street. This letter has been referred to the City Manager for reply. (2) Letter from Richard Summerwill regarding proposed issuance of industrial revenue bonds for Stephens of Iowa City. The City Manager• will reply after the Council discusses this matter. END OF CONSENT CALENDAR. Item No. 4 - PLANNING AND ZONING MATTERS. a. Consider a resolution approving the preliminary and final LSNRD Plan of Thomas & Betts/Ansley Corporation. S-8013. b. Consider an ordinance opening Melrose Court to motor vehicular traffic from only Greenwood Drive. (passed and adopted) Item No. 5 - PUBLIC DISCUSSION. Item No. 6 _ PUBLIC HEARING ON INTENTION TO ISSUE INDUSTRIAL DEVELOPMENT REVENUE BONDS FOR THE THOMAS & BETTS CORPORATION PROJECT. Item No. 7 - RESOLUTION RELATING TO THE HOLDING OF A PUBLIC HEARING AND APPROVING PROCEEDING WITH THE ISSUANCE AND SALE OF NOT TO EXCEED $5,500,000 AGGREGATE PRINCIPAL AMOUNT OF INDUSTRIAL DEVELOPMENT REVENUE BONDS (THOMAS & BETTS) CORPORATION PROJECT) OF THE CITY OF IOWA CITY, IOWA. Agenda Regular Council Meeting September 23, 1980 7:30 P.M. Page 3 Item No. 8 CITY COUNCIL INFORMATION. Item No. 9 - REPORT ON ITEMS FROM THE CITY MANAGER AND CITY ATTORNEY. a. City Manager. b. City Attorney. Item No. 10 _ CONSIDER RESOLUTION TO LEASE OFFICE SPACE ON THE THIRD FLOOR OF 1v71 THE DAVIS BUILDING. Item No. 11 - CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO AWARD A CONTRACT FOR MOTOR VEHICLE TOWING AND STORAGE SERVICES TO GORDON RUSSELL ENTERPRISES d/b/a RUSSELL'S TOWING SERVICE. Item No. 12 _ CONSIDER RESOLUTION REJECTING BIDS FOR THE MERCER PARK CONCESSION/ RESTROOM BUILDING. Item No. 13 - RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CLERK TO ATTEST A JOINT MAINTENANCE AGREEMENT WITH THE ECUMENICAL HOUSING CORPORATION. Item No. 14 - RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CLERK TO ATTEST AN AGREEMENT EXTENDING THE CLOSING DATE OF THE REAL ESTATE CONTRACT BETWEEN THE CITY OF IOWA CITY AND THE ECUMENICAL HOUSING CORPORATION. Item No. 15 - CONSIDER RESOLUTION ESTABLISHING TIME AND PLACE OF MEETINGS OF THE CITY COUNCIL OF IOWA CITY, IOWA. Item No. 16 - CONSIDER RESOLUTION AMENDING THE CLASSIFICATION PLAN FOR CLASSIFIED PERSONNEL IN THE RECREATION DEPARTMENT. Item No. 17 - CONSIDER RESOLUTION AMENDING THE ANNUAL BUDGET FOR THE FISCAL YEAR ENDING JUNE 30, 1981. Item No. 18 : CONSIDER RESOLUTION AUTHORIZING THE SALE OF REAL PROPERTY OWNED BY THE CITY OF IOWA CITY, LOCATED IN BLOCK TWO OF COOK, SARGENT AND DOWNEY'S ADDITION (WEST OF GILBERT STREET AND SOUTH OF KIRKWOOD AVENUE). Item No. 19 - CONSIDER A RESOLUTION DIRECTING THE TRAFFIC ENGINEER TO INSTALL A FOUR-WAY STOP AT THE INTERSECTION OF MELROSE COURT AND BROOKLYN PARK DRIVE. Item No. 20 - CONSIDER AN ORDINANCE AMENDING SECTION 23=189 OF THE CODE OF ORDINANCES OF IOWA CITY PROVIDING FOR THE REDUCTION OF THE SPEED LIMIT ON MELROSE COURT. (first consideration) 1v71 Agenda Regular Council Meeting September 23, 1980 7:30 P.M. Page 4 Item No. 21 CONSIDER ORDINANCE REGULATING THE USE OF PUBLIC AND PRIVATE SEWERS AND DRAINS, PRIVATE WASTEWATER DISPOSAL, THE INSTALLATION AND CONNECTION OF BUILDING SEWERS, AND THE DISCHARGE OF WATERS AND WASTES INTO THE PUBLIC SEWER SYSTEM; AND PROVIDING PENALTIES FOR VIOLATIONS THEREOF IN THE CITY OF IOWA CITY, COUNTY OF JOHNSON, STATE OF IOWA. (first consideration) Item No. 22 = ADJOURNMENT. RESOLUTION NO. 80-425 RESOLUTION AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST A LEASE BETWEEN CITY OF IOWA CITY AND WASHINGTON PARK, INC. FOR THE DAVIS BUILDING, 601 SOUTH GILBERT STREET, IOWA CITY, IOWA. WHEREAS, the City of Iowa City, Iowa has negotiated a lease with Washington Park, Inc., for the rental of the third floor of the Davis Building, and WHEREAS, the City Council deems it in the public interest to lease portions of the Davis Building, 601 S. Gilbert Street, Iowa City, Iowa for the purpose of office space from September 15, 1980 to June 30, 1981, at a rate of $330 per month. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, That the Mayor is hereby authorized to sign and the City Clerk to attest the lease with Washington Park, Inc. 2. That the City Clerk shall furnish copies of the lease to any citizen who requests it. It was moved by Neuhauser and seconded by Perret that the resolution as read be adopted, and upon roll call there were: AYES: NAYS ABSENT: Balmer Erdahl Lynch Neuhauser Perret Roberts Vevera Passed and approved this 23rd day of Se ember , 1980. ATTEST OR u� ITY CLERK /IiECEIM a IPPROM M cT �� LEGAL DEPA�RT�7 b 14073 IOWA STATi BAR ASSOCIATION FOR THE LEGAL EFFECT OF THE USE OfficialFormNo. 30 rsr.a..r.,Y ... sr.te of 1..v.. sosif OF THIS FORM, CONSULT YOUR LAWYER 3v "xq L Lac LEASE—BUSINESS PROPERTY THIS LEASE AGREEMENT, executed in duplicate, made and entered into this 15th day of September 19 80 , by and between Washington Park, Inc. thereinafter called the "Landlord") Whose address for the purpose of this lease is 601 South Gilbert Street, Iowa City Iowa 5 2 2 4 0 (Street and Number) (City) and The City of Iowa City, Iowa (state) (Zip Code) (hereinafter called the "Tenant'l whose address for the purpose of this lease is 410 East Washington Street, Iowa City (Street and Number) (City) Iowa 52240 WITNESSETH THAT: (State) (Zip Code) I. PREMISES AND TERM. The Landlord, in consideration of the rents herein reserved and of the agreements and conditions here. in contained, on the part of the Tenant to be kept and performed, leases unto the Tenant and Tenant hereby rents and leases from Land. lord, according to the terms and provisions herein, the following described real estate, situated in Johnson County, Iowa, to Wit: Approximately 800 square feet of office space formerly occupied by the East Central Iowa Council of Governments on the 3rd floor of 322 E. Washington Street, Iowa City, Iowa, with the improvements thereon and all rights, easements and appurtenances thereto bolo ing, which, more particularly, includes the space and premises as may be shown on "Exhibit A", if and as may be attached hereto, for a term , l 1�2 M49k, commencing at mid- night of the day previous to the first day of the lease term, which shall be on the 15th day of September 19 80 and eading at midelght on the last day of the lease term, which shall be on the 30th day of June 19-3--. upon the condition that the Tenant pays rent therefor, and otherwise performs as in this lease provided. Additional thirty (30) day extensions of this lease at the same terms are allowed up to June 30, 1982. 2. RENTAL Tenant agrees to pay to Landlord as rental for sold form, as follows: 5330.00 ------ per month, In advance, the first rent payment becoming due upon Strike XCNY&aYeYc2cHtXdb: KND(yeH#'m one ib) the 1 at day of ()r f-nhp Y- 19 so and the same amount, per month, In advance, on the 1 S t day of each month thereafter, during the form of this leaser. FPX44(4�('}{ie. }SA�Xaft4f$.' 44'X'4k9(}9.IQA}I9('A''�T i('At �1€4i}(aX� Tenant agrees that the first payment made on October 1, 1980 shall be in the amount of $495.00 to cover the period from September 15, 1980 through October 31 1980. All sums shall be paid at the address of Lendlori3, as above designated, or at such other place in Iowa, or elsewhere, as the Landlord may, from time to time, previously dosignate in writing. Delinquent payments shall draw interest of 9 a/o per annum from the due date, until paid. 3. POSSESSION. Tenant shall be entitled to possession on the first day of the form of this lease, and shall yield possession to the Landlord at the time and data of the close of this lease term, except as herein otherwise expressly provided. Should Landlord be en- able to give possession on sold date, Tenant's only damages shall be a rebating of the pro rata rental. 4. USE OF PREMISES. Tenant covenants and agrees during the term of this lease to use and to occupy the leased premises only for For restrictions on such use, sea paragraphs 6 (c), 6 (d) and I I (b) below. 5. QUIET ENJOYMENT. Landlord covenants that its estate in said premises is fee simple and that the Tenant on paying the rent herein reserved and performing all the agreements by the Tenant to be performed as provided in this loose, shall and may peaceably have, hold and onioy the demised premises for the form of this lease free from molestation, eviction or disturbance by the Landlord or any other persons or lagoI entity whatsoever. (But see paragraph 14, below.) Landlord, shall have the right to mortgage all of its right, title, interest in said premises at any time without notice, subject to this lease. 6. CARE AND MAINTENANCE OF PREMISES. (a) Tenant takes said premises in their present condition except for such repairs and alterations as may be expressly herein provided. 0 7 i< csrnta" xnx H Tti m.. svr. ev A..ulm.n. 30. LEASE-BUSINESS PROPERTY 03039 �® "al .. n.�a gwwn onnm n,, in wru na rnm Tn. Iowa St r: Par A�"'"ec�r� This Primus: March, 1980 21. RIGHTS CUMULATIVE. the various rights, powers, options, elections ana romeales or miner parry, prov,uau ,,, ,,,. ,• .. be construed as cumulative and no on. of them as exclusive of the others, or oxclus;ve of — rights, remedies or priorities allowed either party by law, and shell in no way affe mpair the right of either party to pursue any oche table or legal ramody to which either party may be entitled as long as any defai loins in any way unremedied. unsatisfied or and led. 22. NOTICES AND DEMANDS. Notices as provided for in this lease shall he given the the respocflve parties hereto at the respective addresses designated on page one of this lease unless either party notifies the other, in writing, of a different address. With- out prejudice to any other method of notifying a party in writing or making a demand or olhor communication. Such message shall on considered given under the terms of this lease when sent, addressed as above designated, postage prepaid, by registered or certified mail, return receipt requested, by the United State mail and so deposited in a United States mail box. 23. PROVISIONS TO BIND AND BENEFIT SUCCESSORS, ASSIGNS, ETC. Each and every covenant and agreement herein con- tained shall extend to and be binding upon the respective successors, heirs, administrators, executors and assigns of the parties hereto; except that if any part of this lease is held in joint tenancy, the successor in interest shall be the surviving joint tenant. 24. CHANGES TO BE IN WRITING. None of the covenants, provisions, terms or conditions of this lease to be kept or performod by Landlord or Tenant shall be in any manner modified, waived or abandoned, except by a written instrument duly signed by the parties and delivered to the Landlord and Tenant. This lease contains the whole agreement of the parties. 25. RELEASE OF DOWER. Spouse of Landlord, appears as a party signatory to this lease solely for the purpose of releasing dower, or distributive share, unless said spouse is also a co-owner of an interest in the leased premises. 26. CONSTRUCTION. Words and phrases herein, including acknowledgment hereof, shall be construed as in the singular or plural number, and as masculine. feminine or neuter gander according to the context. 29.(a) Any improvements made by lessee shall remain at termination of this lease. IN WITNESS WHEREOF, the parties hereto have duly executed this lease in duplicate the day and year first above written. WASHINGTON PARK, INC. B Y : 12",-- '� 5�v C3, a Bruce R. Glasgow, )LX XR@{#>M /President XHK Mitt Ualix XffaNesxxKXl INDIVIDUAL •r ",I. STATE OF CITY OF IOWA CITY, IOWA Ci;Vy Clerk an.l .alvla..r COUNTY OF SS. AXINM .Ymwl. ..m.,,e. On this day of 19— before me, the undersigned, a Notary Public in and for said County and ,v aisle «m we. sa State, personally appeared and to me personally known to be the identical porsons named in and who executed the within and foregoing instrument, and acknowledged that they executed the same as their voluntary act and deed. (SEAL) .. ........................... ......_.__ Notary Public in and for said County and Siete CORPORATION. STATE OF ... SS. COUNTY OF On this day of A. D. 19 , before me, the undersigned a Notary Public in and for said County and State, personally appeared and «..I to me, personally known, who being by me duly sworn, did say that they are the t... I and respectively, of said corporation executing the °'•«•s• &;thin and fore oin instrument, that no seal has been rocured 6 the said cor oration; that said instrument was signed (and sealed) on a.m.er. g g (the seal affixed thereto is the seal of said) p w 0111.1.1 behalf of said corporation by authority of its Board of Directors; and lint the said and as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporaficn by it and by them voluntarily executed. (SEAL) -. ._..__._...._._____..�__^..._�—._.._.._. Notary Public in and for said County FIDUCIARY STATE OF S5. COUNTY OF On this day of A. D. 19 , before me, the undersigned, a Notary Public in and for said County in said State. personally appeared as Executor of the Estate of Deceased, to me known to be the identical person named in and who executed the foregoing instrument and acknowledged ihatho executed !ha same as the voluntary act and deed of himself and of such fiduciary. (SEAL) Notary Public in and for said County and State PARTNER STATE OF _ COUNTY OF On this day of A. D. 19 , before me, the undersigned, a Notary Public in and for said County and State personally appeared and to me personally known, who, being by me duly sworn, did say that he is (they are) member(s) of the Partnership executing the within and foregoing instrument and acknowledged that (he) (they) executed the some as the voluntary act and deed of said co•pariner(s) by (him) (them) and by said partnership voluntarily executed, Notary Public in and for said County and State For acknowledgment as a corporate fiduciary see obverse side of Court Officer Deed (Official Form No. 101). (4) tural parts of the building in good repair. r (c) TENANT'S DUTY OF CARI MAINTENANCE. Tenant shall, after taking pos of said premises and until of this lease and the actual removal f. _.. - a promises, at its own expense, care for and main id premises in a reasonably: able condition, except for structural parts of the building. Tenant will furnish its own interior and exterior decorating. Tenant w allow said premises to be damaged or depreciated in value by any act or negligence of the Tenant, its agents or employees. . I termination and service. and Tenant agrees to keep faucets closed so as to prevent waste of water and flooding of promises; to promptly take care of any leakage or stoppage in any of the water, gas or waste pipes. The Tenant agrees to maintain adequate heat to prevent freezing of pipes, If and only If the other terms of this lease fix responsibility for heating upon the Tenant. Tenant at its own expense may install floor cover. ing and will maintain such floor covering in good condition. Tenant will be responsible for the plate glass In the windows of the leased premises and for maintofning the parking area, driveways and sidewalks on and abutting the leased premises, If the leased premises Include the ground floor, and If the other terms of this lease Include premises so described. Tenant shall make no structural alterations or Improvements without the written approval of the Landlord first had and obtained, of the plans and specifications therefor. (d) Tenant will make no unlawful use of said premises and agrees to comply with all valid regulations of the Board of Health, City Ordi• nances or applicable municipality, the laws of the State of Iowa and the Federal government, but this provision shall not be construed as creating any duty by Tenant to members of the general public. If Tenant, by the terms of this lease is leasing promises on the ground floor, it will not allow trash of any kind to accumulate on said premises in the halls, if any, or the allay or yard in front, side or rear thereof, and it will remove same from the premises at its own expense. Tenant also agrees to remove snow and ice and other obstacles from the sidewalk on or abutting the premises, if premises include the ground floor, and if this lease may be fairly construed to impose such liability on the Tenant. 7. (a) UTILITIES AND SERVICES. Tenant, during the term of this lease, shall pay, before delinquency, all charges for use of tele. phone, water, sewer, gas, heat, (if heating is Tenant's responsibility), electricity, power, air conditioning (if air conditioning is the Tenant's responsibility), garbage disposal, trash disposal and not limited by the foregoing all other utilities and services of whatever kind and nature which may be used in or upon the demised premises. Landlord will furnish heat, hot and cold water and public restrooms. (b) AIR CONDITIONING equipment shall be furnished at the expense of landlord and maintenance thereof at (Landlord or Tenant) the expense of landlord, but tenant will provide electricity. (Landlord or Tenant) (c) JANITOR SERVICE shall be furnished of the expense of _ tenant (Landlord or Tenant) (d) HEATING shall be furnished at the expense of landlord (Landlord or Tenant) 6. (a) SURRENDER OF PREMISES AT END OF TERM—REMOVAL OF FIXTURES. Tenant agrees that upon the termination of this lease, it will surrender, yield up and deliver the leased premises in good and clean condition, except the effects of ordinary wear and fear and depreciation arising from lapse of time, or damage without fault or liability of Tenant. [See also I I (a) and I I (a) below] (b) Tenant may, at the expiration of the term of this lease, or renewal or renewals thereof or at a reasonable time thereafter, if Tenant is not in default hereunder, remove any fixtures or equipment which said Tenant has installed in the leased premises, providing said Tenant repairs any and all damages caused by removal. (c) HOLDING OVER. Continued possession, beyond the expiratory date of the term of this lease, by the Tenant, coupled with the receipt of the specified rental by the Landlord (and absent a written agreement by both parties for an extension of this lease, or for a new lease) shall constitute a month to month extension of this lease. 9. ASSIGNMENT AND SUBLETTING. Any assignment of this lease or subletting of the premises or any part thereof, with- out the Landlord's written permission shall, of the option of the Landlord, make the rental for the balance of the lease term due and payable at once. Such written permission shall not be unreasonably withheld. 10. (a) ALL REAL ESTATE TAXES, except as may be otherwise expressly provided in this paragraph 10, levied or assessed by law. ful authority (but reasonably preserving Lan{�IQr,�s rights of appeal) against said real property shall be timely paid by the parties in the following proportions: by Landlord �S!_6' %; by Tenant %. (b) Increase in such taxes, except as in the next paragraph provided, above the amount paid during the base year of (base year if and as may be defined in this paragraph) shall be paid by Landlord, 10%; by Tenant %. (c) Increase in such taxes caused by improvements of Tenant shall be paid by Landlord %; by Tenant loo %. (d) PERSONAL PROPERTY TAXES. Tenant agrees to timely pay all taxes, assessments or other public charges levied or assessed by lawful authority (but reasonably preserving Tenant's rights of appeal) against its personal property on the premises, during the term of this lease. (e) SPECIAL ASSESSMENTS. Special assessments shall be timely paid by the parties in the following proportions: by the Landlord 10 0 %; by the Tenant %. 11. INSURANCE. (a) Landlord and Tenant will each keep its respective property interests in the premises and its liability in regard thereto, and the personal property on the premises, reasonably insured against hazards and casualties; that is, fire and those items usually cov- ered by extended coverage; and Tenant will procure and deliver to the Landlord a certification from the respective insurance companies to the+ effect. Such insurance shall be made payable to the parties hereto as their interests may appear, except that the Tenant's share of such insurance proceeds are hereby assigned and made payable to the Landlord to secure rent or other obligations then due and owing Landlord by Tenant. [See also II(e) below] (b) Tenant will not do or omit the doing of any act which would vitiate any insurance, or increase the insurance rates in force upon the real estate improvements on the premises or upon any personal property of the Tenant upon which the Landlord by law or by the farms of this lease, has or shall have a lien. (c) Subrogation rights are not to be waived unless a special provision Is attached to this lease. (d) Tenant further agrees to comply with recommendations of Iowa Insurance Service Bureau and to be liable for and to promptly pay, as if current rental, any increase in insurance rates on said premises and on the building of which said premises are a part, due to increased risks or hazards resulting from Tenant's use of the premises otherwise than as herein contemplated and agreed. (e) INSURANCE PROCEEDS. Landlord shall settle and adjust any claim against any insurance company under its said policies of insurance for the premises, and said insurance monies shall be paid to and held by the Landlord to be used in payment for cost of repairs or restoration of damaged building, if the destruction is only partial. [See also I I (a), above] (2) 12. INDEMNITY AND LIABILITY INSURANCE. Except as to any negligence of the Landlord, arising out of roof and structural parts of the building. Tenant will protect, indemnify and save harmless the Landlord from and against any and all loss, costs, damage and expenses occasioned by, or arising out of, any accident or other occurrence causing or inflicting injury and/or damage to any person or property, happening or done. in, upon or about the leased premises, or due directly or indirectly to the tenancy, use or occupancy thereof, or any part thereof by the Tenant or any person claiming through or under the Tenant. The Tenant further covenants and agrees that it will at its own expense procure and maintain casualty and liability insurance in a responsible company or companies authorized to do business in the State of Iowa, in amounts not less than $100,000 for any one person injured, and $500,000 for any one accident, and with the limits of $25,000 for prop- erty damage, protecting the Landlord against such claim, damages, costs or expenses on account of injury to any person or persons, or to any property belonging to any person or persons, by reason of such casualty, accident or other happening on or about the demised premises during the term thereof. Certificates or copies of said policies, naming the Landlord, and providing for fifteen (IS) days' notice to the Landlord before cancellation shall be delivered to the Landlord within twenty (20) days from the date of the beginning of the term of this lease. As to insurance of the Landlord for roof and structural faults, see paragraph I I (a) above. 13. FIRE AND CASUALTY. PARTIAL DESTRUCTION OF PREMISES. (a) In the anent of a partial destruction or damage of the leased premises, which is a business interference. that is, which prevents the conducting of a normal business operation and which damage is reasonably repairable within sixty 160) days after its occurrence, this lease shall not terminate but the rent for the leased premises shall abate during the time of such business interference. In the event of partial destruction, Landlord shall repair such damages within 60 days of Its occurrence unless prevented from so doing by acts of God, the elements, the public enemy. strikes, riots, insurrection, government regulations, city ordinances, labor, material or transportation shortages, or other causes beyond Land. lord's reasonable control. (b) ZONING. Should the zoning ordinance of the city or municipality in which ibis property is located make it impossible for Landlord, using diligent and timely effort to obtain necessary permits and to repair and/or rebuild so that Tenant is not able to conduct its business on these premises, then such partial destruction shall be treated as a total destruction as in the next paragraph provided. (c) TOTAL DESTRUCTION OF BUSINESS USE. In the event of a destruction or damage of the leased premises Including the Park- Ing area (if a parking area is a part of the subject matter of this lease) so that Tenant is not able to conduct its business on the promises or the then current legal use for which the premises are being used and which damages cannot be repaired within sixty (60) days this lease may be terminated at the option of either the Landlord or Tenant. Such termination in such event shall be effected by written notice of one party to the other, within twenty (20) days after such destruction. Tenant shall surrender possession within ten (10) days after such notice issues, and each party shall be released from all future obligations hereunder, Tenant paying rental pro rate only to the date of such destruction. In the event of such termination of this lease, Landlord at its option, may rebuild or not, accordwg to its own wishes and needs. 14. CONDEMNATION. (a) DISPOSITION OF AWARDS. Should file whole or any part of the demised premises be condemned or taken by a competent authority for any public or quasi -public use or purpose, each party shall be entitled to retain, as its own property, any award payable to it. Or in the event that a single entire award is made on account of the condemnation, each party will then be an. titled to take such proportion of said award as may be fair and reasonable. (b) DATE OF LEASE TERMINATION. If the whole of the demised premises shall be so condemned or taken, the Landlord shall not be liable to the Tenant except and as its rights are preserved as in paragraph 14(a) above. 15. TERMINATION OF LEASE AND DEFAULTS OF TENANT. (a) TERMINATION UPON EXPIRATION OR UPON NOTICE OF DEFAULTS. This lease shall terminate upon expiration of the demised term; or if this lease expressly and in writing provides for any option or options, and if any such option is exercised by the Tenant, then this lease will terminate at the expiration of the option term or terms. Upon default in payment of rental herein or upon any other default by Tenenf in accordance with the terms and provisions of this lease, this lease may at the option of the Landlord be cancelled and forfeited, PROVIDED, HOWEVER, before any such cancellation and for. fc4ure except as provided in 15(b) below, Landlord shall give Tenant a written notice specifying the default, or defaults, and stating that this lease will be cancelled and forfeited ten (10) days after the giving of such notice, unless such default, or defaults, are remedied within such grace period. (See paragraph 22, below.) As an additional optional procedure or as an alternative to the foregoing (and neither exclusive of the other) Landlord may proceed as in paragraph 21, below, provided. (b) BANKRUPTCY OR INSOLVENCY OF TENANT. In the event Tenant is adjudicated a bankrupt or in the event of a judicial sale or other transfer of Tenant's leasehold interest by reason by any bankruptcy or insolvency proceedings or by other operation of law, but not by death, and such bankruptcy, judicial sale or transfer has not been vacated or set aside within ten 110) days from the giving of notice thereof by Landlord to Tenant, then and in any such events, Landlord may, at its option, immediately terminate this lease, re-enter said premises, upon giving of fen ( 10) days' written notice by Landlord to Tenant, all to the extent permitted by applicable law. (c) In (a) and (6) above, waiver as to any default shall not constitute a waiver of any subsequent default or defaults. (d) Acceptance of keys, advertising and re -renting by the Landlord upon the Tenant's default shall be construed only as an effort to miti- gate damages by the Landlord, and not as an agreement to terminate this lease. 16. RIGHT OF EITHER PARTY TO MAKE GOOD ANY DEFAULT OF,THE OTHER. If default shall be made by either party in the performance of, or compliance with, any of the terms, covenanis or conditions of this lease, and such default shall have continued for thirty (30) days after written notice thereof from one party to the other, the person aggrieved, in addition to all other remedies now or hereafter provided by law, may, but need not, perform such term, covenant or condition, or make good such default and any amount advanced shall be repaid forthwith on demand, together with interest at the rate of 9 —% per annum, from date of advance 17. SIGNS. (a) Tenant shall have the right and privilege of attaching. affixing, painting or exhibiting signs on the leased promises, provided only (1) that any and all signs -shall comply with the ordinances of the city or municipality in which the property is located and the laws of the State of Iowa; (2) such signs shall not change the structure of the building; (3) such signs if and when taken down shall not damage the building; and (4) such signs shall be subject to the written approval of the Landlord, which approval shall not be unreasonably withheld. (b) Landlord during the last ninety (90) days of this lease, or extension, shall have the right to maintain in the windows or on the build. ing or on the premises either or both a "For Rent" or "For Sale" sign and Tenant will permit, at such time, prospective tenants or buyers to enter and examine the premises. 18. MECHANIC'S LIENS. Neither the Tenant nor anyone claiming by, through, or under the Tenant, shall have the right to file or place any mechanic's lien or other lien of any kind or character whatsoever, upon said premises or upon any building or improvement there. on, or upon the leasehold interest of the Tenant therein, and notice is hereby given that no contractor, sub -contractor, or anyone else who may furnish any material, service or labor for any building, improvements. alteration, repairs or any part thereof, shall at any time be or become entitled to any lien thereon, and for the further security of the Landlord, the Tenant covenants and agrees to give actual notice thereof it advance, to any and all contractors and su6-contractors who may furnish or agree to furnish any such material, service or labor. 19. LANDLORD'S LIEN AND SECURITY INTEREST. (a) Said Landlord shall have, in addition to the lien given by law, a security interest as provided by the Uniform Commercial Code of Iowa, upon all personal property and all substitutions therefor, kept and used on said premises by Tenant. Landlord may proceed at law or in equity with any remedy provided by law or by this lease for the recovery of rent, or for termination of this lease because of Tenant's default in its performance. (b) SPOUSE. If spouse is not a Tenant, then the execution of this instrument by the spouse shall be for the sole purpose of creating a security interest on personal property and waiving rights of homestead, rights of distributive share, and exemptions. 20. SUBSTITUTION OF EQUIPMENT, MERCHANDISE, ETC. (a) The Tenant shall have the right, from time to time, during the farm of this lease, or renewal thereof, to sell or otherwise dispose of any personal property of the Tenant situated on the said demised promises, when in the judgment of the Tenant it shall have become obsolete. outworn or unnecessary in connection with the operation of the business on said premises; provided, however, that the Tenant shell, in such instance (unless no substituted article or item is necessary) of its own expense, substitute for such items of personal property so sold or otherwise disposed of, a new or other item in substitution thereof, in like or greeter value and adapted to the affixed operation of the business upon the demised premises. (b) Nothing herein contained shall be construed as denying to Tenant the right to dispose of inventoried merchandise in the ordinary course of the Tenant's trade or business. WpYrigbt 1971 be Th. Lowe State av association. All rightsreaerve0. No port n all or this form may be reproduced by enY mean. w' thout penels5mn, in writing, Iron, The Iowa Stat[ Bar Aswniatian. (3) Don Schmeiser: Rental of 3rd Floor Aprt/office: iiahhington Park Inc. owner of the Davis Building agrees to do the following: 1. Re -do the lease as attached 2. Paint the premises -- not including the bath (since this room has never been 4604 Q4le-0. 3. Replace the stained ceiling tile 4. Remove the Door/divider panels that now exist on the premises 5. Allow accupancy on Sept 15, 1980 Bruce Glasgow 770th C�c�u VL �i AIAd e�G C C�A I RESOLUTION NO. 80-426 RESOLUTION AWARDING CONTRACT FOR MOTOR VEHICLE TOWING AND STORAGE SERVICES TO GORDON RUSSELL ENTERPRISES d/b/a RUSSELL'S TOWING SERVICE. WHEREAS, Gordon Russell Enterprises d/b/a Russell's Towing Service (hereinafter Russell) has submitted the best bid for a two year towing contract, and WHEREAS, Russell's' has met the minimum secured outdoor facility requirement as specified, attached as Exhibit A, and WHEREAS, the Council finds that Russell's bid, attached at Exhibit B, is acceptable, and WHEREAS, it is in the public interest that the City of Iowa City, Iowa (hereinafter the City) enter into a contract with Russell for towing service, a copy of which contract is attached to this resolution as Exhibit C, to be effective as of September 22, 1980. NOW, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the City hereby accept Russell's bid for towing service. 2. That the Mayor is authorized to sign, and the City Clerk to attest the attached contract on behalf of the City. It was moved by Roberts and seconded by Vevera the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Balmer X Erdahl Abstairiynch x Neuhauser X Perret X Roberts X Vevera Passed and approved this 23rd day of Sept. 1980. 4AYO R ATTEST: a CLERK -JECEIM I l!!RO>►ED BY .TEE LEGAI, DEPIRTIMT CITY OF IOWA CITY TOWING AND STORAGE AGREEMENT In accordance with the terms of the by Russell's Towing Service July 22, current secured outdoor facilities Police Department inspection. agreement and the proposal submitted 1980, the City of Iowa City finds the of Russell's Towing inadequate upon The determined required secured outdoor storage will consist of the following: The entire outdoor secured area will have a fence not less than six (6) feet high, with the top having angled braces with no less than three (3) barbed wires. The fence will be of chain links and the entrance will be chain locked at all times not occupied. Russell's Towing agrees to furnish required outdoor secured facility by September 22, 1980, subject to Police Department approval prior to the award of the bid. Rates are to remain the same as on the submitted proposal by Russell's Towing dated July 21, 1980, as attached. Failure to complete the secured outdoor storage area by 5:00 P.M. on September 22, 1980 will result in Russell's Towing proposal being null and void and the method of award of the bid at the discretion of the City of Iowa City. The undersigned do hereby state that this contract is executed in triplicate, as though each were an original and that there were no oral agreements that have not been reduced in writing in this instrument. FOR THE CITY: RUSSELL'S TOWING: R Neal G. Berlin, City Manager Gordon Russellsgel {ZeCelve.J Approved by The Le al Departt EXHIBIT A �g fie, A�� 1 1. /0,7 F CITY OF IOWA CITY TOWING SERVICE AGREEMENT PROPOSAL FORM The undersigned agrees to furnish towing and storage of vehicles for a two (2) year period commencing upon the signing of the parties and terminating on August 15, 1982, at the following rates. If this proposal is accepted, the undersigned agrees to be bound by all of the terms of the "agreement" which is attached hereto and incorporated herein by this reference. 1. Indoor secured storage facility (number of automobiles) Sizty (60) Addrets 1010 S. Gilbert , Iowa City, Ia. 52240 2. Outdoor secured storage facility (number of automobiles) Four Ilundred (41 Address 1010 S. Gilbert & Ilwy. 218 So. 3. Description of equipment to be used: Year/Make Model GVW N1 1978 Ford 10,000 #2 1973 Ford 10,000 N3 1978 Chevy 10,000 N4 1966 Chevy 20,000 N5 1971 Ford 10,000 4. Vehicle tow INSIDE Iowa City/Coralville limits: Non -Accident - Non-Acc Accident - Acc. EXHIBIT B /0 79 Price per Vehicle Day Night Item Description Non-acc. Acc. ' Non-acc. Acc. A Passenger car g1.a-00 818.00 $18.00 $18.00 B Truck, 2 ton or less $18.00 $18.00 $18.00 $18.00 C Truck, over 2 ton $18.00 $18.00 $18.00 $18.00 D Transit bus $30.00 $30.00 $30 .00 $30.00 E Cargo trailer $18.00 $18.00 $18.00 $18.00 F Motorcycle &/or motorscooter $18.00 $18.00 $18.00 $18.00 Non -Accident - Non-Acc Accident - Acc. EXHIBIT B /0 79 AGREEMENT This Agreement, made and entered into this 23rd day of September, 1980, by and between Russell's Towing, a corporation authorized to do business in the State of Iowa, hereinafter called "Agent," and the City of Iowa City, a municipal corporation, hereinafter called the "City". I. SCOPE OF SERVICES a. Russell's Towing is hereby designated as the Agent of the City for the towing and storage of vehicles impounded pursuant to Section 23-21 of the Code of Ordinances of Iowa City, Iowa, 1979, the disposition of abandoned vehicles pursuant to Section 321.89 of the Code of Iowa; together with other such towing as may be designated by the City. b. Equipment: The Agent must be adequately equipped to comply safely and satisfactorily with the towing requirements covered by this Agreement. The Agent hereby agrees to maintain and provide at all times a sufficient number of equipped towing checks including two (2) wreckers .with a minimum TVW rating of 10,000 and one (1) wrecker with a minimum TVW rating of 20,000. In addition, the successful Agent must have adequate equipment to remove parked vehicles from City parking ramps. During declared snow emergencies, the Agent must have at least two (2) fully operable tow trucks available, which trucks are of sufficient capacity to handle unusual towing occasioned by the situation, as needed. The vehicles will be sufficiently staffed by qualified personnel at all times so that the City's towing needs can be adequately served. The Agent further guarantees that sufficient operable towing vehicles and personnel will be available to adequately service the special towing needs of the City occasioned by special events requiring towing, including but not limited to declared emergencies or construction projects, as advised by the Police Department, the City Manager's Office or a ranking City Official. C. Storage Facilities. The Agent hereby agrees to maintain facilities within the Iowa City/Coralville area for secured indoor storage for 30 vehicles and secured outdoor storage of 200 vehicles. The entire outdoor secured area will have a fence not less than six (6) feet high, with the top having angled braces with no less than three barbed wire. The fence will be of chain links and the entrance will be chain locked at all times not occupied. All storage facilities are subject to Police Department approval prior to award of this bid. Requirements of fencing shall be fulfilled before the award of the bid. d. Response Time. The Agent hereby agrees to have a wrecker at the destination requested within ten (10) minutes from the time that ,1O ,Fd the towing firm receives a call during the day (6 A. M. to 6 P.M.), and within twenty (20) minutes at night (6 P.M. to 6 A.M.). If service is not provided within the specified time, the City reserves the right to make other arrangements. This agreement shall be voidable if the bidder repeatedly fails to furnish specified wrecker services, upon proper written notice to the Agent. e. Hours of Operation. The Agent hereby agrees to provide continual towing service, commonly referred to as 24-hour service. The firm will also provide restricted access to all stored or impounded vehicles on a 24-hour basis, which access shall be by way of authorization prescribed in writing by the City. Said access will be provided to City personnel and persons having a lawful reason for requesting access to vehicles. f. The Agent agrees to release the vehicle to its owner upon authorization from the City and the payment of towing and storage costs by the owner. g. The Agent agrees to expeditiously handle all procedures for the disposal of abandoned automobiles pursuant to Section 321.80, Code of Iowa together with Rules 820-07, D [2.1-2.3 (321)], Iowa Administrative Code (1979), if the registered owner fails to respond to the initial notice referred to as the ten day letter. This procedure shall include all filing of reports with the State of Iowa as well as prompt auctioning of any vehicle involved. h. The Agent agrees to keep an accurate record of all vehicles received and disposed of under the terms of this Agreement. The Police Chief will determine the sufficiency of the bookkeeping procedures. A monthly report shall be sent to the Police Chief the first day of each month listing each car which was impounded and its disposition during the previous month. In addition, the Police Department may inspect all records relating to the impounded vehicles upon request. i. The Agent agrees that operators employed by them will treat all patrons in a courteous and professional manner and obey all traffic laws and rules of the road, including speed limits. Repeated or substantiated violations of the above will be cause for the review and possible rescission of the Agreement. II. RESPONSIBILITY OF CITY a. At the time of impoundment, the City will provide an inventory of personal property in the vehicle at the time and place of impoundment. b. The City will notify, within ten (10) days by certified mail, the last known registered owner or known lienholders at their last known address, that the abandoned vehicle has been taken into custody. C. If the identify of the last registered owner cannot be determined or if the registration contains no address for the owner, the City shall provide notice by publication. III. COMPENSATION a. In the case of vehicles towed from public highways, the City agrees to reimburse the Agent for its actual expenses of towing and storage of vehicles, not to exceed $25 per vehicle for towing and not to exceed $2.00 per day for a maximum of 45 days for storage per vehicle. In addition, the Agent shall be reimbursed for the actual cost of auctioning the vehicle, not to exceed 10 per cent of the sale price of the vehicle nor $10 per vehicle, whichever is less. Actual epxenses shall not include costs paid by any reclaiming owner. b. In the case of vehicles towed from private property, the Agent agrees that reimbursement shall be limited to the towing and storage fees paid by the owners of the vehicles or the proceeds from disposition of abandoned vehicles in accordance with the procedures of Section 321.80, Code of Iowa. C. Base rates, any fees or charges for additional services, plus method of payment must be prominently posted in the Iowa City Police Department, the Iowa City Traffic Division, and in the Office of the Agent herein. Schedule of fees (for authorized towing) must be approved by the City Manager prior to posting, and must be readily apparent and visible to the general public. Any fee or change of charges may be made only on the anniversary date of each year. IV. INSURANCE The Agent agrees to maintain in full force and effect a comprehensive liability insurance policy executed by a company authorized to do insurance business in the State of Iowa and naming the City as co- insured. The minimum limits of such policy are as follows: $100,000 - Property Damage $300,000 - Personal Injury $1 million - Per Incident A copy of the policy shall be filed with the City Clerk. The City must be notified 30 days prior to the termination of this coverage. Failure to maintain insurance coverage automatically terminates this Agreement. / e) 4 V. LIABILITY AND INDEMNIFICATION The Agent agrees to indemnify, defend and save harmless the City, its agents, officers and employees from any and all claims, damages and losses for physical damage to any and all property and physical injury to any and all persons in addition to any and all consequential and other damages resulting from the towing, storage, or impoundment of any vehicle covered by this Agreement. It is understood by the parties that the Agent assumes responsibility for personal property in the vehicle at the time of impoundment and described on the inventory list. VI. EQUAL EMPLOYMENT OPPORTUNITY The Agent agrees not to commit the following practices; a. To discharge from employment or refuse to hire any individual because of their race, color, religion, national origin, sex, age, marital status, sexual orientation or disability. b. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, color, religion, national origin, sex, age, marital status, sexual orientation or disability. C. To discriminate against any individual in delivery or service because of race, color, religion, national origin, sex, age, marital status, sexual orientation or disability. VII. ASSIGNMENT This Agreement shall be binding upon the successors and assigns of the parties hereto; provided, however, that no assignment shall be made without the written consent of the parties to this agreement. VIII. DURATION This Agreement shall cover a two (2) year period commencing upon the signing of the parties and shall terminate on August 15, 1982 or until termination by either party upon 30 day written notification. IX. TERMINATION OF AGREEMENT Termination of this Agreement does not release the Agent from the responsibility of proper disposal of vehicles located at the storage facility according to Section 321.89, of the Code of Iowa. /Df3 X. COMPLIANCE The Agent shall comply with all applicable Municipal Ordinances and State Statutes. The Agent shall comply with all terms and stipulations of the Agreement and certifies that all information provided is complete and accurate. The undersigned do hereby state that there are no oral agreements that have not been reduced in writing to this Agreement. CITY OF IOWA CITY BY• JOHN R. BALMER ATTEST: A BIE STOLFUS, CITY LERK BY: ATTEST:,—L `°,f3 RUSSELL ENTERPRISEF INC. 2750 SOUTH RIVERSIDE DRIVI IOWA CITY, IOWA 52240 PHONE (319) 338-8679 RUSSELL'S TOWING September 26, 1980 City of Iowa City Civic Center 410 E. Washington St. Iowa City, Ia. 52240 Re: Addendum to City Towing Contract Attn: Cathy Eisenhofer The addendum to the City of Iowa City Towing Service Agreement is as follows: Winching (Parking Stalls, Snow Banks)--------- $7.50 per v hr. Extra Labor- Making Vehicle Towable such as: Removing transmission linkage, changing tires, etc. --------- $7.50 per 4 hr. As of this date the above rates are in effect. Russell's Towing Owner Gordon Russell, Owner City of Iowa City Cathy Eisenhofer Purchasing Agent >d f3 ` /f RESOLUTION NO. 80-427 RESOLUTION REJECTING BIDS RECEIVED ON SEPTEMBER 16, 1980, FOR THE MERCER PARK CONCESSION/RESTROOM BUILDING WHEREAS, seven bids were received and opened on the 16th day of September, 1980, whereby all the bids were higher than the engineer's estimate. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: That the bids received on the aforementioned date for the Mercer Park Concession/Restroom Building be rejected. It was moved by Roberts and seconded by Vevera 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 23rd day of September , 1980. Attest: 491, ,% Mayor City Clerk 1 RECEInM & 1PPROVED BY TEE LEGAL DEpIKI 'EiT I m RESOLUTION NO. 80-428 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CLERK TO ATTEST A JOINT MAINTENANCE AGREEMENT WITH THE ECUMENICAL HOUSING CORPORATION. WHEREAS, the City of Iowa City and the Ecumenical Housing Corporation have entered into a real estate contract for the sale of the site of the proposed housing project; and WHEREAS, it is deemed in the public interest to enter into a joint maintenance agreement for the provision of mutual easements and maintenance standards between the Senior Center property and the proposed housing project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA: 1. That the Mayor is hereby authorized to sign and the Clerk to attest a joint maintenance agreement with Ecumenical Housing Corporation, attached hereto. It was moved by Neuhauser and seconded by pprrec the Resolution 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 21r1 day of Gent. 1980. TiAYOR ATTEST: CITY CLERK c N,eria11 . 11 A i JOINT MAINTENANCE AGREEMENT AND EASEMENT THIS AGREEMENT dated this 3011` day of-S%4_�_Z 1980, by and between the Ecumenical Housing Corporation, an Iowa non-profit corporation, and the City of Iowa City, Iowa, a municipal corporation: WITNESSETH WHEREAS, the Ecumenical Housing Corporation is the owner of a tract of real estate set forth as Exhibit "A" and by this reference made a part hereof, WHEREAS, the City of Iowa City is the owner of a tract of real estate located immediately to the west of the tract of real estate set forth as Exhibit "A", WHEREAS, the Ecumenical Housing Corporation is con- structing a building to contain eighty-one (81) units of low income housing under the Department of Housing and Urban Develop- ment 5202/8 Program, which structure shall adjoin and connect with the building owned by the City of Iowa City and known as the "Old Post office", which building is being remodeled by the City of Iowa City into a Senior Center, WHEREAS, the Ecumenical Housing Corporation and the City of Iowa City recognize that the two structures will be joined and thereafter certain structural and maintenance work will need to be performed by both parties, /06f6 NOW THEREFORE, in consideration of the mutual agree- ments contained herein and the performance thereof, the Ecumenical Housing Corporation and the City of Iowa City agree to the following terms for joint maintenance: 1. EASEMENTS. The Ecumenical Housing Corporation and the City of Iowa City hereby grant joint maintenance easements one to the other for as long as both parties shall maintain the respective structures located on said premises to allow for maintenance, repair, renovation, and remodeling. Said easements shall extend over so much of the respective properties as may be necessary to complete said projects. 2. MAINTENANCE STANDARDS. The Ecumenical Housing Corporation shall maintain and keep free of snow, ice and other hazards those sidewalks, walkways, stairways and drive- ways that adjoin or lead to the property of the City of Iowa City and the City of Iowa City agrees to maintain free and clear of snow, ice and other hazards those driveways, parking facilities, walkways and stairways which adjoin or lead to the Ecumenical Housing Corporation's structure. Both parties agree to maintain the connection points between the structures in a good and workmanlike manner and any repair work necessary to i maintain said connection points shall be jointly provided by the parties. 3. DAMAGES. In the event of any damages to the property of the Ecumenical Housing Corporation from the use of the Senior Center by the City of Iowa City or the use of the Ecumenical -2- to Housing Corporation easement, the City shall satisfy damage requests made by the Ecumenical dousing Corporation. Similarly, the Ecumenical Housing Corporation shall reimburse the City of Iowa City for any damage caused by the use of the Senior Center facility or the use of the easement on the property of the City of Iowa City. 4. CONSTRUCTION OF IMPROVEMENTS ON THE PROPERTIES. Both parties shall allow the other to utilize the easements granted herein for construction of improvements on their respective properties and shall return the property to its original condition following use of the easements. 5. NOTICES AND DEMANDS. A notice, demand, or other communication under this agreement by either party to the other shall be sufficiently given or delivered if it is dispatched by registered or certified mail, postage prepaid, return receipt requested, or delivered personally, and (1) In the case of the Ecumenical Housing Corporation, is delivered personally to or addressed to: The President and Secretary Ecumenical Housing Corporation 217 Iowa Avenue Iowa City, Iowa 52240 (2) In the case of the City of Iowa City is delivered personally to or addressed to: The City Manager, Civic Center 410 E. Washington Street Iowa City, Iowa 52240 or at such other address with respect to either such party as may, from time to time, be designated in writing and forwarded to the other as provided in this section. 6. ASSIGNMENTS. Due to the special nature of this contract and the public purposes being served thereby, this contract may not be assigned by either party unless such assign- ment is expressly authorized in writing by the other party and is approved, in the case of the Ecumenical Housing Corporation, by the Department of Housing and Urban Development. IN WITNESS WHEREOF, the Ecumenical Housing Corporation has caused this agreement to be duly executed in its name and behalf by its President and attested to by its Secretary, and the City has caused the agreement to be duly executed in its name and behalf by its Mayor and its seal to be hereunto duly affixed and attested by its City Clerk, on or as of the day first above written. ATTEST ECUMENICAL HOUSING CORPORATION Secre President ATTEST City Clerk CITY OF IOWA CITY -a- STATE OF IOWA ) ) ss COUNTY OF JOHNSON ) On this V"cD day of in the year 1QRn_ hofnra me the undersigned, a notary public in and for said county+of Johnson, state of Iowa, residing therein, duly commissioned and sworn, personally appeared John Balmer, known to me to be the Mayor, and Abbie Stolfus, known to me to be the City Clerk of the City of Iowa City, the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. In witness whereof, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. _" � I NotIry'P6blic in and for Johnson County, State of Iowa STATE OF IOWA ) COUNTY OF JOHNSON ss I, , a notary public in and for said county, in the state aforesaid, do hereby certify that and ,to me personally known to be President and Secretary of the Ecumenical Housing Corporation, and also known to me to be the persons whose names are sub- scribed to the foregoing instrument, appeared before me this day in person and acknowledged that as President and Secretary respectively they signed, sealed, and delivered the said instrument as the free and voluntary act of said corporation, for the uses and purposes therein set forth, and that they were duly authorized to execute the same by the Ecumenical Housing Corporation. 1980. Given under my hand and notarial seal this day of Notary Public in and for Johnson County, State of Iowa -5- 10 fol EXHIBIT "A" Part of Lots 6 and 7, Block 61, Original Town, Iowa City, Johnson County, Iowa as shown on plat recorded in the Johnson County Recorder's Office, Book 1, Page 116, more particularly described as follows: Commencing as a point of reference at the Southeasterlv corner of said Block 61; thence West 110.29 feet along the Southerly line of said Block 61 to the point of beginning of tract herein described (this is an assumed bearing for purposes of this description only); thence continuing West 101.34 feet along said Southerly line of Block 61 to a point; thence North 00 00' 30" West 150.38 feet to a point of intersection with the Northerly line of said Lot 6; thence North 89° 59' 55" East 101.15 feet along the Northerly line of Lots 6 and 7 to a point; thence South 01 05' 10" East 150.39 feet to the point of beginning; subject to easements and restrictions of record, and containing 15,226 square feet or 0.35 acres more or less. RESOLUTION NO. 80-429 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CLERK TO ATTEST AN AGREEMENT EXTENDING THE CLOSING DATE OF THE REAL ESTATE CONTRACT BETWEEN THE CITY OF IOWA CITY AND THE ECUMENICAL HOUSING CORPORATION. WHEREAS, on March 14, 1979, the City of Iowa City and the Ecumenical Housing Corporation entered into a real estate contract for the sale of certain property for the construction of a housing project, and amended this contract on April 17, 1979; and WHEREAS, it is deemed in the public interest to extend the closing date of the real estate contract until December 1, 1980. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA: 1. That the Mayor is hereby authorized to sign and the Clerk to attest an amendment to the real estate contract with the Ecumenical Housing Corporation, attached hereto. It was moved by Neuhauser and seconded by Roberts the Resolution 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 23rd day of Sept. 1980. 1AYO R r ATTEST: L CITY CLERK RECEIVED & APPROVED BY W LEGAL PEPART3fMT- i's AMENDMENT TO REAL ESTATE CONTRACT This amendment, dated this a,3r1 day of SEP E,1f$E,P— , 1980, to a certain Real Estate Contract dated the 14th day of March, 1979, by and between the City of Iowa City, Iowa, a municipal corporation, hereinafter sometimes referred to as the Seller, and the Ecumenical Housing Corporation, an Iowa corporation, hereinafter sometimes referred to as the Buyer: WITNESSETH WHEREAS, the .Buyer and the Seller did enter into a real estate contract dated March 14, 1979, and amended said contract on April 17, 1979; and, WHEREAS, paragraph 2 of said contract provided that the closing date for the sale of the affected property would be on or before September 30, 1979; and, WHEREAS, the purchase price established in paragraph 1 of said contract was amended to $81,500; and, WHEREAS, the parties find it desirous to extend the date of closing and again amend the purchase price. NOW, THEREFORE, in consideration of the mutual agreements contained herein and the performance thereof, the Buyer and Seller do hereby mutually agree to the amendment of the aforesaid contract by making the changes set forth herein: 1. Paragraph 1 of the contract shall be amended to read as follows: The Buyer shall pay to the Seller as the purchase price, at the Buyer's Option, one of the following two amounts: a) $92,190, for which the Seller hereby agrees to pay for the demolition and clearing of the loading dock and adjacent service area of the Old Post Office; or b) $76,046, for which the Buyer hereby agrees to pay for the demolition and clearing of the loading dock and adjacent service area of the Old Post Office. 2. Paragraph 2 of the contract shall be amended to read as follows: TIME OF CLOSING: The closing date shall be on or before December 1, 1980. IN WITNESS WHEREOF, the City of Iowa City, Iowa, has caused the Amendment to Real Estate Contract to be duly executed in its name and behalf by its Mayor and its seal to be hereunto duly affixed and attested to by its City Clerk, and the Buyer has caused the Amendment to be duly executed in its name and behalf by its President and its corporate seal to be hereunto duly affixed and attested by its Secretary on or as of the day first above written. CITY OF IOWA CITY MAYOR %J ATTEST: CITY CLERK ECUMENICAL HOUSING CORPORATION PRESIDENT ATTEST: ARY RECEIVED & APPROVED BY THE LEGAL DEPARTO2fT' 6 '? - �3-a2302-04 RESOLUTION NO. 80-430 RESOLUTION ESTABLISHING TIME AND PLACE OF MEETINGS OF THE CITY COUNCIL OF IOWA CITY, IOWA WHEREAS, the City Council of Iowa City has provided by Ordinance No. 2342 of the Ordinances of the City of Iowa City, Iowa, that the time and place of regular meetings of the City Council shall be set by resolution of the Council and, WHEREAS, on January 1, 1974, the City Council by resolution set the time and place for regular Council meetings to be each Tuesday of each month at 7:30 o'clock p.m. in the Council Chambers of the Civic Center, and, WHEREAS, the Council deems it in the public interest to repeal said Resolution and establish the following schedule: NOW HEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA: 1. That the Resolution enacted January 1, 1974 setting regular Council meetings each Tuesday of each month at 7:30 p.m. in the Council Chambers of the Civic Center is hereby repealed and any other resolutions are hereby repealed. 2. Regular Council meetings of the City Council of Iowa City, Iowa shall be held on every other Tuesday of the month excluding holidays, in the Council Chambers of the Civic Center of Iowa City, Iowa, at 7:30 o'clock p. m., Central Standard Time, or Central Daylight Time, whichever is in effect in the City of Iowa City at the time of said meeting. 3. In the event a holiday falls on a regularly scheduled Council meeting, the City Council shall determine whether or not to hold that meeting at another date or to waive said meeting. 4. This resolution shall take effect with the meeting date of October 7, 1980, as the first regular meeting date under this schedule. It was moved by Lynch and seconded by Roberts 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 23rd day of September , 1980. ATTEST y z/11 1 City ®V gown Cary DATE, TO: Lorraine FROM: Abbie RE: CONSIDER RESOLUTION ESTABLISHING TIME AND PLACE OF MEETINGS OF THE CITY COUNCIL OF IOWA CITY, IOWA Comment: Council has items scheduled for September 30th and October 7th meetings. The new meeting schedule then would be Oct. 7, Oct. 21, Nov. 4, Nov. 18 (Thanksgiving vacation is Nov. 27-28), Dec. 2, Dec. 16, Dec. 30, if Council approves the Oct. 7th starting date. I RESOLUTION NO. 80-431 RESOLUTION AMENDING THE CLASSIFICATION PLAN FOR CLASSIFIED PERSONNEL IN THE RECREATION DEPARTMENT. WHEREAS, Resolution No. 80-90 was adopted by the City Council of Iowa City on March 11, 1980, approving a pay plan for classified personnel for FY81; and WHEREAS, a City audit completed by the Human Relations Department established that Recreation Program Supervisor IIs should be raised to a higher pay range, retroactive to July 1, 1980; and WHEREAS, salaries for the Recreation Program Supervisor IIs were budgeted at Range 10 for the FY81 budget; and WHEREAS, Local 183 of the A.F.S.C.M.E. has approved this change. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the Classification Plan for Classified Personnel be amended by reclassifying Recreation Program Supervisor II from Range 9 to Range 10 of the Classified Pay Plan for FY81, Resolution No. 80-90. It was moved by Neuhauser and seconded by Resolution 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 23rd day of Sept, 1980. /AYR ATTEST: . CITY CLERK Perret the /o9G parks & r��reation department t o . City Manager and City Council re: Range Change for Recreation Program Supervisor II from 9to10 MEMO from. Dennis E. Showalter d a t e: September 18, 1980 After completion of job audits by city employees in the summer of 1980, the Personnel Department felt that Recreation Program Supervisor II should be raised to a higher range number. When we prepared the FY81 budget, all of the Recreation Program Supervisor II's were budgeted at range 10; however, the formal resolution to change the range number was never sent to the Council. We have asked for, and received, approval from AFSCME Local 183 for this change. This change, which will not affect the FY81 budget, should be made retroactive to July 1, 1980. 1 10071 RESOLUTION NO. 80-432 RESOLUTION AMENDING THE ANNUAL BUDGET FOR THE FISCAL YEAR ENDING JUNE 30, 1981. WHEREAS, Resolution 80-91 adopted by the City Council on March 11, 1980, established an operating budget for the fiscal year ending June 30, 1981, and, WHEREAS, the acquisition of an in-house computer system has been determined to be the most economical and efficient method of providing for the City's data processing needs, and, WHEREAS, the bid proposal received from Access International, a full- service computer corporation specializing in Digital Equipment Corporation computers and by Management Information System and Training, Inc., a supplier of ADMINS/11 software and systems consulting, provided the best overall computer system proposal, and, WHEREAS, a formal amendment to the operating budget is required to authorize such acquisition. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the Fiscal Year 1981 Operating Budget be amended to provide for the acquisition of the ADMINS/11 software and the PDP -11/44 hardware as follows: 1. For the loan from Pollution Control to General Fund: 2 3 Receipts General Fund, Finance: $120,000 Expenditures Pollution Control Fund $120,000 For the payment from the Pollution Control Fund and the Water Fund for their share of the acquisition costs: Receipts General Fund, Finance $ 74,200 Expenditures Pollution Control Fund $ 37,100 Water Fund 37,100 $ 74,200 For the acquisition of the computer system: Expenditures General Fund, Finance $217,610 /Oyf It was moved by Neuhauser and seconded by Roberts the Resolution 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 23rd day of Sept. , 1980. /2. ATTEST: CITY CLERK F� � Z�EGAL' IE;i'Lh";�„y11T RESOLUTION NO. 80-433 RESOLUTION AUTHORIZING PLACEMENT OF A FOUR-WAY STOP SIGN AT THE INTERSECTION OF MELROSE COURT AND BROOKLYN PARK DRIVE IN IOWA CITY, IOWA. WHEREAS, after due consideration, the City Council has determined that a four-way stop sign should be erected at the intersection of Melrose Court and Brooklyn Park Drive in Iowa City, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. The Traffic Engineer is hereby authorized and directed to erect a four-way stop sign or signs at the intersection of Melrose Court and Brooklyn Park Drive in Iowa City, Iowa. 2. That the Mayor is hereby authorized to sign and the City Clerk to attest, this resolution. It was moved by Perrot and seconded by Erdahl the Resolution 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 23rd day of Sept. 1980. AYOR ATTEST: Lfl CITY CLERK BYTHE LEGAL DEPARTI�T rd X RESOLUTION NO. 80-434 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: Quik Trip Corp. dba Quik Trip 11503, 123 W. Benton 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 by Lynch that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Balmer x x Erdahl x Neuhauser x Perret x Roberts x Vevera x Passed and approved this 30th day of September , 1980 Attest: City Clerk JJ0/ RESOLUTION NO. 80-4 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: Quik Trip Corp. dba Quik Trip #503, 123 W. Benton 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 that the Resolution as read be adopted, and upon roliyzcgffi there were: Balmer Lynch Erdahl Neuhauser Perret Roberts Vevera AYES: NAYS: ABSENT: x x x x x x x Passed and approved this 30th 19 80 day of September , Attest: C City Clerk // 00 sz , RESOLUTION NO. 80-436 RESOLUTION TO REFUND BEER PERMIT WHEREAS, St. Mary's Catholic Church at2150 Rochester Ave. has surrendered Beer Permit No. BB 7745 , expiring 8/28/81 and requests a refund on the unused portion thereof, now therefore, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that said beer permit be and the same is hereby cancelled, and BE IT FURTHER RESOLVED that the Mayor and City Clerk be and they are hereby authorized and directed to draw a warrant on the General Fund in the amount of $ 225.00 , payable to Father Carlos Leveling for refund of Beer Permit No. BB7745 It was moved by Perret and seconded by Lynch that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Balmer x Lynch X Erdahl x Neuhauser x Perret X Roberts X Vevera x Passed and approved this 30th day of September , 1980 _ Attest: IJIL- J&-� City Clerk 1/03 RESOLUTION NO. 80-437 RESOLUTION SETTING PUBLIC HEARING ON THE DISPOSITION OF PUBLIC PROPERTY WHEREAS, the City of Iowa City has acquired certain property in the Lower Ralston Creek Neighborhood, and WHEREAS, the City plans to clear the property in order to carry out creek improvements, and WHEREAS, certain of the structures on the property can be removed to new locations or used for salvage, and WHEREAS, the City is required to have a public hearing on the disposition of these structures, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a public hearing be held on the proposal to dispose of the following structures by sealed bid proposals to be opened on October 21, 1980: 916 S. Dubuque Street; house for salvage only. 926 S. Dubuque Street; house and garage to be removed to a new location. 930 S. Dubuque Street; house and garage to be removed to a new location. Public hearing is hereby set for October 7, 1980 at 7:30 P.M. in the Council Chambers of the Civic Center, 410 E. Washington Street, Iowa City, Iowa. It was moved by Perret 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 30thday of Se tember 1980. AYOR ATTEST: C-ITY CLERK RECEIVED & APPROVED $Y THE L13GAL DEP M, ZZrid'PO RESOLUTION NO. 80-438 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CLERK TO ATTEST AN INDEMNIFICATION AGREEMENT WITH DAVIS, HOCK- ENBURG AND WINE LAW FIRM, DES MOINES, IOWA. WHEREAS, it is in the public interest of Iowa City to complete the series of transactions whereby the City conveys a parcel of real property to the Ecumenical Housing Corporation, which property shall house the Ecumenical project being funded by H.U.D.; and WHEREAS, it is necessary to enter into an Agreement with the Law Firm responsible for issuing a title opinion to H.U.D. for said parcel of City property being conveyed to Ecumenical, in order to satisfy H.U.D. title standards, which standards require a showing that all City property is free and clear of any and all outstanding judgements and liens. Said Agreement is marked as "Exhibit A" and attached hereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF IOWA CITY, IOWA, that the Mayor is hereby authorized to execute and the clerk to attest an Indem- nification Agreement with Davis, Hockenburg and Wine Law Firm, Des Moines, Iowa, for purposes of satisfying the H.U.D. title standards in order to consummate conveyance of City property to the Ecumenical Housing Corporation. It was moved by Perret and seconded by Lynch the Resolution 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 avid approved this 30thday of sept., 1980. ATTEST: CITY CLERK RECEIVED A APPROVED BY 'TEZ LEGAL DEPARTI(ENT 9� � ,7 �Al "EXHIBIT A" RECEIVED OCT , 1980 AGREEMENT LEGAL DEPARTMENT. THIS AGREEMENT, dated this 3© day of4a , 1980, is made by and between CITY OF IOWA CITY, IOWA, a municipal corporation ("CITY") and DAVIS, HOCKENBURG, WINE, BROWN AND KOEHN LAW FIRM, Des Moines, Iowa ("LAW FIRM"). WITNESSETH: WHEREAS, CITY has entered into a contract of sale with The Ecumenical Housing Corporation to convey certain real property, which property is more particularly described in "EXHIBIT B", attached hereto and incorporated by reference herein; and WHEREAS, LAW FIRM is charged with writing a title opinion on behalf of the Department of Housing and Urban Development (H.U.D.), as funding source for said conveyance from CITY to Ecumenical Housing; and WHEREAS, it is necessary to protect LAW FIRM in the event an outstanding judgment against CITY should ever become a lien against said property, which event is clearly unlikely. NOW, THEREFORE, IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES: 1. CITY agrees to indemnify and hold harmless LAW FIRM against any and all claims which may arise against property described in "Exhibit B" attached d.C.W.IRECEIVED OCT - 4 1980 AGREEMENT - CITY and LAW FIRM Page 2 hereto, by reason of a judgment now outstanding against CITY, which judgment is now stayed on appeal . 2. CITY agrees to specifically assign to LAW FIRM, as indemnity, the Certificate of Deposit now on file pursuant to Rule 7 of the Iowa Rules of Appellate Procedure as a supersedeas bond, which Certificate is now payable to holders of a judgment outstanding against the City in Chicago, Rock Island and Pacific Railroad Company, plaintiff vs. City of Iowa City, et al, defendants, cause no. 42535 in the District Court of Iowa in and for Johnson County, district court docket 106, page 300. 3. LAW FIRM agrees that assignment of said Certificate shall take place in the event of a return unsatisfied on writ,ofoexecution of said judgment, should execution ever become a lien against said property described in "Exhibit B" with subsequent levy against said property. 4. PARTIES agree that said Certificate of Deposit now on file is to serve as stay of execution on appeal to the Iowa Supreme Court, pursuant to Rule 7, and in order to comply with the 125% amount required by the clerk of court in order to stay judgment execution. PARTIES further covenant that this Agreement is not in any way to be construed as changing or affecting the relationship between CITY and its judgment creditor, Chicago, Rock Island and Pacific Railroad Company in the above -entitled action. 5. PARTIES agree that this writing shall constitute the entire agree- ment and shall be binding on their respective successors and assigns; and PARTIES further agree that no assignment of this Agreement shall be made. FOR DAVIS, HOCKENBURG, WINE, BROWN AND KOEHN LAW FIRM: i RESOLUTION NO. 80-439 B IJ AU132 6 1980 RESOLUTION APPROVING PRELIMINARY AND FINAL PLAT OF aBBIE STOLFUS CITY CLERK EMPIRE ADDITION WHEREAS, the owner and proprietor, Empire Associates and American College Testing, Inc., has filed with the City Clerk of Iowa City, Iowa, a plat and subdivision of Empire Addition, an Addition to the City of Iowa City, Iowa covering the following des- cribed premises located in Iowa City, Johnson Countv, Towa, to -wit: Commencing as a point of reference at the Northeast corner of Section 2, Township 79 North, Range 6 West of the Fifth Principal Meridian, Johnson County, Iowa; thence South 0° 09' 23" West 431.43 feet along the East line of the Northeast quarter of said Section 2 to a point of intersection with the Northwesterly right- of-way line of Iowa State Highway No. 1 (this is an assumed bearing for purposes of this description only); thence South 57° 03' 30" West 660.50 feet along the Northwesterly right-of-way line of said highway to a point; thence North 32° 56' 30" West 175.00 feet along the Northeasterly right-of-way line of public road to the point of curvature of a 760.00 foot radius curve concave Southwesterly; thence Northwesterly 209.71 feet along said curve and along said public road to the point of beginning of the tract herein described; thence continuing Northwesterly 120.57 feet along a 358.04 foot radius curve concave Southwesterly to a point, said arc being subtended by a 120.00 foot chord bearing North S8° 26' 4S" West; thence North 33° 26' 23" East 300.00 feet to a point; thence South 89° 06' 03" East 142.27 feet to a point; thence North 33° 26' 23" East 443:69 feet to a point of intersection with the Southerly right-of-way line of Interstate 80; thence North 71° 46' 25" West 298.93 feet along said right-of-way line to a point; thence North 87° 30' 00" West 724.02 feet along said right-of- way line to a noint; thence South 0° 06' 47" 1'dest 209.1() feet to a point; thence South 88° 35' 48" East 20.30 feet to a point; thence South 0° 13' 17" East 1316.65 feet to a point of intersection with the Northwesterly right-of- way line of Iowa State Highway No. 1; thence North S7° 03' 30" East 601.55 feet along said Northwesterly right-of- way line to a point; thence North 32° 56' 30" West 323.84 feet to a point; thence North S7° 03' 30" East 259.56 feet to a point of intersection with the centerline of said public road; thence Northwesterly 45.97 feet along said centerline, a 725.00 foot radius curve concave Southwesterly to a point, said arc being subtended by a 45.96 foot chord bearing North 46° 36' 20" West; thence North 33°•26' 23" East 35.34 feet to the point of beginning; and subject to ease- ments and restrictions of record, and containing 19.88 acres more or less. and WHEREAS, said property is owned by the above-named corpora- tion and the dedications as required by the Subdivision Ordinance of the City of Iowa City have been made with the free consent and in accordance with the desires of said proprietor; and z/DQ -z - WHEREAS, said plat and subdivision has been examined by the Planning and Zoning Commission of Iowa City, and after due deliberation, said Commission has recommended that said plat and subdivision be accepted and approved; and WHEREAS, said plat and subdivision is found to conform with the requirements of the City Ordinances of the City of Iowa City, Iowa, with respect to the establishment of land subdivisions, and with the requirements of Chapter 409 of the 1977 Code of Iowa, as amended, and all other statutory requirements; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That said plat and subdivision of Empire Addition, an Addition to the City of Iowa City, Iowa, be and the same is hereby approved by the City Council of Iowa City, Iowa. BE IT FURTHER RESOLVED that the City Clerk of the City of Iowa City, Iowa, is hereby authorized and directed to certify a copy of this resolution and of the preliminary and final plat of said subdivision to the Office of the County Recorder of Johnson County, Iowa. Passed this 30th day of September 1980. John Balmer, Mayor City of Iowa City, Iowa ATTEST: 0,fL. A� Abbie Stolfus, City Clerk City of Iowa City, Iowa Passed and approved this 30th day of September 1980. It was moved by Roberts and seconded by Vevera that the Resolution as read by adopted, and upon roll call there were: AYES: NAYS: ABSENT: BALMER x ERDAHL x LYNCH x NEUHAUSER x FERRET x ROBERTS x VEVERA x play o r ATEST: ' City Clerk Deceived & Approved' By Tile Legal Departme t ? �d -3 - CERTIFICATE STATE OF I01YA ) ) SS: JOHNSON COUNTY ) I, Abbie Stolfus, City Clerk of Iowa City, Iowa, do hereby certify that the above and foregoing is a true and exact copy of a resolution adopted by the City Council of Iowa City, Iowa, at a regular meeting held on the 30th day of Sept. 1980, all as the same appears of record in my office. DATED at Iowa City, Iowa this 1st day of October 1980. 2L J" Abbie Stolfus, C ty Clerk City of Iowa City, Iowa The undersigned, American College Testing Program, Inc. and Empire Associates are Owners of all land included in Empire Addition, Iowa City, Iowa, as shown on the final plat for. said Empire Addition, Iowa City, Iowa. If and when Iowa City right-of-way is extended westerly from U.S. Highway I to the easterly boundary of said Empire Addition, then American College Testing Program, Inc. and Empire Associates does hereby set apart and dedicate to public use forever the area shown on said final plat as ACT Circle right-of-way. The dedication will not be effective until the following events occur: 1. City right-of-way is extended westerly from U.S. Highway 1 to the easterly boundary of said Empire Addition, Iowa City, Iowa. 2. The city of Iowa City'accepts the dedication in writing as recorded in the Johnson County Recorder's Office. 3. The city of Iowa City has accepted the street paving and storm sewer construction as public improvements. AMERICAN COLLEGE TESTING PROGRAM, INC. 2� -, xS,"C-x�— Marvin F. Brecht, Vice President Business and Finance STATE OF IOWA SS. JOHNSON COUNTY On this day of �irlQw6ir, 1980, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Marvin F. Brecht, to me personally known, who, being by me duly sworn, did say that he is the Vice Pres- ident of Business and Finance of said corporation executing the within and fore- going instrument, that said instrument was signed and sealed on behalf of said corporation by authority of its Board of Directors; and that the said Marvin F. Brecht as such officer acknowledged the execution of said instrument to be the voluntary act and'deed of said corporation, by it and by him voluntarily executed. e.- � NOTARY -'PUBLIC IN AND FOR THE STATE OF IOWA EMPIRE ASSOCIATES m L. Skive, President 5 fE OF IOWA SS. JOHNSON COUNTY On this MI) day of �, 1980, before me, the undersigned, a Notary Public in and for the Sta e of Iowa, personally appeared James L. Shive, tome personally known, who, being by me duly sworn, did say that he is the President of said corporation executing the within and foregoing instrument, that said instrurient was signed and sealed on behalf of said corporation by authority of its Board of Directors; and that the said James L. Shive as such officer acknowledged the execution of said instrument to be the voluntary act and deed of said corporation by it and by him voluntarily executed. NOTARY PUBLIC IN AND FOR THE STATE 0 1A AGREEMENT THIS AGREEMENT made by and between Empire Associates, the Owners and developers, hereinafter called the Owner, and the City of Iowa City, Iowa, a municipal corporation, hereinafter called the City. WITNESSETH: In consideration of the City approving the final plat of Empire Addition of the following described property as set forth in Exhibit A and by this reference made a part of this Agreement, the Owner agrees that prior to the issuance of any building permit for any construction or development and prior to any installation of utilities or other improve- ments upon Lot 2 of final plat, the Owner shall obtain approval of a Large Scale Development Plan for Lot 2 in conformance with the provisions of Chapter 27 and other applicable ordinances and provisions of the Code of Ordinances of the City of Iowa City which are in force at the time of development. Further, it is intended and agreed that this agreement shall be binding, to the fullest extent permitted by law and equity, for the benefit and in favor of, and enforceable by the City, its successors and assigns, against the Owner, its successors and assigns and every successor in interest to the above described property, or any part thereof or any interest therein, and any party in possession or occupancy of the property of any part thereof. CITY OF IOWA CITY BY:(z'z--V3 -�f Mayor By:_� City Clerk EMPIRE ASSOCIATES /14aB mes L. Shive, President STATE OF IOWA SS: COUNTY OF JOHNSON RECEIVED &; APPROVED 13 MM I,EGA17 DEPARTMENT On this 1st day of October , 1980, before me, the undersigned, . a Notary Public in and for said county, in said State, personally appeared John R. Balmer and Abbie Stolfus to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said corporation executing the within and foregoing instrument to which this is attached, that the seal affixed there- to is the seal of said corporation; that said corporation was signed (and sealed) on behalf of said corporation by authority of its City Council and that the said John R. Balmer and Abbie Stnlfus as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. No l Public- In and For the State of Iowa t -2- STATE OF IOWA SS JOHNSON COUNTY On this ji�-- day of I hl 1980, before me, the undersigned, a Notary Public in and fore S blat e of Iowa, personally appeared James L. Shive, to me personally known, w o, being by me duly sworn, did say that he is the President of said corporation executing the within and foregoing instrument, that said instrument was signed and sealed on behalf of said corporation by authority of its Board of Directors; and that the said James L. Shive as such officer acknowledged the execution of said instrument to be the voluntary act and deed of said corporation by it and by him voluntarily executed. i Obt y Public In and or t e tate of Iowa RESOLUTION NO. 80-440 RESOLUTION APPROVING CLASS "B" BEER PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class "B" Beer Permit Application is hereby approved for the following named person or persons at the following described location: Michael Chan dba Canton House, 713-715 S. Riverside 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 be endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by P rr t__ and seconded by Neuhauser that the Resolution as read be adopted, and upon ro ca there were: AYES: NAYS: ABSENT: Balmer x Erdahl x Lynch X Neuhauser X Perret x Roberts x Vevera x Passed and approved this 7th ATTEST: CITY CLERK day of October , 19 80 Of 1WRA =M_ RESOLUTION NO. 80-441 RESOLUTION OF APPROVAL OF CLASS B SUNDAY PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class B Sunday Permit application is hereby approved for the following named person or persons at the following described location: Michael Chan dba Canton House, 713-715 S. Riverside 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 Neuhauser that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: Balmer Lynch Erdahl Neuhauser Perret Roberts x Vevera x Passed and approved this 7th 19 80 . a or Attest: City Clerk ABSENT: x day of October /// 4z City of Iowa City '' V, • . :, Date: September 30, 1980 To: Abbie Stolfus From: W. H. Kendall 0 Re: Liquor License Canton House 715 S. Riverside Drive In the interest of expediting this liquor license, we have signed the application form. The owner intends to finish the remodeling of this building and open his business by October 11, 1980. However, after inspecting the project, it is doubtful the remaining work can be accomplished by this date. Should the City Council approve this Application we respectfully request the license be held until the Building Inspection Department has approved all phases of the completed construction. bj2/12 // /S RESOLUTION NO. 80-442 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: Dael E. Watt dba Watt's Food Market, 1603 Muscatine Ave - 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 by Neuhauser that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Balmer x Y Erdahl x Neuhauser x Perret x Roberts x Vevera x Passed and approved this 7th day of October , 198_. Attest: a��- 42�� / City Clerk RESOLUTION NO. 80 -44 - RESOLUTION TO REFUND CIGARETTE PERMIT WHEREAS, The Nickelodeon at 208 N. Linn St. in Iowa City, Iowa, has surrendered cigarette permit No. 81-79 , expiring June 30th , 19 81 , and requests a refund on the unused portion thereof, now therefore, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that cigarette permit No. 81-79 , issued to The Nickelodeon be cancelled, and BE IT FURTHER RESOLVED that the Mayor and City Clerk be and they are hereby authorized and directed to draw a warrant on the General Fund in the amount of $ 75.00 , payable to Robert Dane as a refund on cigarette permit No. 81-79 It was moved by Perret and seconded by Neuhauser that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Balmer x Lynch x Erdahl x Neuhauser x Perret x Roberts x Vevera x Passed and approved this 7th day of October Attest: 19 80 . RESOLUTION NO. 80-444 RESOLUTION APPROVING CLASS "B" BEER PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class "B" Beer Permit Application is hereby approved for the following named person or persons at the following described location: Pizza Hut of America, Inc. dba Pizza Hut, 1921 Keokuk St. Said approval shall be subject to any conditions or re- strictions hereafter imposed by ordinance or State law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by Perret and seconded by Neuhauser that the Resolution ass rea3Tie adopted, and upon ro ca there were: AYES: NAYS: ABSENT: Balmer x Erdahl x Lynch x Neuhauser x Perret x Roberts x Vevera x Passed and approved this 7th day of October 1980 CITY CLERK RESOLUTION NO. 80-445 RESOLUTION OF APPROVAL OF CLASS B SUNDAY PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class B Sunday Permit application is hereby approved for the following named person or persons at the following described location: Pizza Hut of America, Inc. dba Pizza Hut, 1921 Keokuk St. Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance of state law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee,, bond, and all other information or docu- ments required to the Iowa Beer and Liquor Control Department. It was moved by Perret and seconded by Neuh that the Resolution as read be adopted, and upon rol CaWltiiere were: AYES: Balmer x Lynch x Erdahl Neuhauser x Perret x Roberts x Vevera x NAYS: Passed and approved this 19 80 Attest: City Clerk ABSENT: x 7th day of October , RESOLUTION NO. 80-446 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: The Breadbasket Inc. dba The Breadline, 325 E. Washington 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 Pl and seconded by Neuhauser that the Resolution as read be adopted, and upon roca t ere were: AYES: NAYS: ABSENT: Balmer x Lynch x Erdahl x Neuhauser x Perret x Roberts x Vevera x Passed and approved this 7th day of 19 80 . Attest: a, - City Clerk October , //ZO RESOLUTION NO. 80-447 RESOLUTION SETTING PUBLIC HEARING FOR THE SALE OF REAL PROPERTY OWNED BY THE CITY OF IOWA CITY AND LOCATED IN EAST IOWA CITY (VACATED F STREET R.O.W. BETWEEN MUSCATINE AVENUE AND 3RD STREET). WHEREAS, the City of Iowa City owns the following real property: Beginning at the intersection of the Northeasterly line of Muscatine Avenue and the South line of Block 25 of East Iowa City as platted and recorded in Johnson County, Book 1, page 92; thence East 255.05 feet to the Southeast corner of said Block 25; thence S 0° 00'45" E, 75.0 feet to the Northeast corner of Block 26 of said East Iowa City; thence West 172.90 feet on the North line of said Block 26 to the Northeasterly line of Muscatine Avenue; thence N 470 36'38" W, 111.25 feet to the point of beginning. Said tract containing 16,048.00 square feet; and WHEREAS, the City Council proposes to sell the above-described real property to John F. and Karen L. Gillispie and Michael A. and Helen L. Rittenmeyer; and WHEREAS; the proposed sale will be subject to the following terms: The price for the sale of the above-described real property will be $18,000. 2. Prior to conveyance the City shall convey an easement to Iowa -Illinois Gas and Electric, fifteen feet in width, over the existing gasline, the centerline of which is described as follows: Commencing at the intersection of the Northeasterly R.O.W. line of Muscatine Avenue and the south line of Block 25, East Iowa City as platted and recorded in Johnson County Book 1, Page 92, thence S 47° 36'38" E along the Northeasterly R.O.W. line of Muscatine Avenue 38.0 feet to the point of beginning; thence Southeasterly to a point on the West R.O.W. line of Third Avenue which point is 27.5 feet north of the Northeast corner of Lot 1, Block 26, East Iowa City. 3. Contemporaneously with the conveyance of the property described above, the parties shall convey to Helen Svatos in return for the payment of $500.00, the following described real estate, which is a part of the property described above: Beginning at the intersection of the Northeasterly R.O.W. line of Muscatine Avenue and the south line of Block 25, East Iowa City as platted and recorded in Johnson County Book 1, Page 92; thence East along said south line of Block 25 85.05 feet; thence southwesterly 68.10 feet to a point on the Northeasterly R.O.W. line of Muscatine Avenue which is S 47* 36'38" E. 30.00 feet from the point of beginning; thence N 47° 36'38" W 30.00 feet to the point of beginning; and 11021 WHEREAS, it is necessary to publish this proposal and to publish notice of a public hearing on this proposal. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY: 1. That the City proposes to sell the above-described real property to John F. and Karen L. Gillispie and Michael A. and Helen L. Rittenmeyer for the sum of $18,000. 2. That the City Clerk is authorized and directed to publish notice of this proposal and further, can publish notice that pursuant to Section 364.7, 1979 Code of Iowa, a hearing will be held before the City Council on the proposed disposition of the above-described property at the Council Chambers, Civic Center, 410 East Washington Street, Iowa City, Iowa, at 7:30 P.M. on the 21st day of October, 1980, and any persons having objections to said proposed action may appear and file their objections at said hearing. It was moved by Perret and seconded by Neuhauser 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 7th day of October , 1980. YOR ATTEST: CITY CLERK LEGAL DEi AilTM NT S -zi- 8u RESOLUTION NO. 80-448 RESOLUTION ACCEPTING THE WORK FOR THE NEIGHBORHOOD SITE IMPROVEMENTS - SIDEWALK REPAIR PROGRAM (NORTHSIDE & HICKORY HILL NEIGHBORHOODS) WHEREAS, the Engineering Department has recommended that the im- provement covering the Neighborhood Site Improvements - Sidewalk Repair Program (Northside and Hickory Hill Neighborhoods) as included in a contract between the City of Iowa City and Merlin Hamm Construction. Inc. of Iowa City, Iowa dated Juni 6, 1980 be accepted, AND WHEREAS, the Council finds the improvement is in place and does comply with the requirements` for such improvements, 4 AND WHEREAS, maintenance bonds have been filed, NOW THEREFORE, BE IT RESOLVED by the City Council of Iowa City, Iowa, that said improvements be hereby accepted by the City of Iowa City, Iowa. It was moved by Perret and seconded by Neuhauser e that the resolution as re a opt , and upon roll call ere were: AYES: NAYS: ABSENT: Balmer x Erdahl x Lynch x Neuhauser x Perret x Roberts x Vevera x Passed and approved this 7th day of October 1980. s ATTEST: ZMUr1VzV a nc "UvED PY MM LEGAL DEPARTMENT /Q -z-sro P //,23 CITY OF IOWA CITY CIVIC CENTER 410 E. WASHINGTON ST IOWA CITY IOWA 52240 (319) 354.180) ENGINEER'S REPORT October 2, 1980 Honorable Mayor and City Council Iowa City Iowa Dear Honorable Mayor and Councilpersons: I hereby certify that the construction of the improvements listed below 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. Neighborhood Site Improvements - Sidewalk Repair Program (Northside and Hickory Hill Neighborhoods). I hereby recommend that the above mentioned improvements be accepted by the City of Iowa City. Respectfully submitted, Charles J.S' chmadeke, P.E. City Engineer CJS/DSG/jp RESOLUTION NO. 80-449 RESOLUTION ESTABLISHING JUST COMPENSATION FOR THE ACQUISITION OF REAL PROPERTY FOR PHASE II OF THE LOWER RALSTON CREEK NEIGHBORHOOD REVITALIZATION PROJECT (PARCELS 10 AND 13) WHEREAS, the City Council of the City of Iowa City did approve Resolution No. 79-242 authorizing application for federal funds under the Community Development Block Grant/Small Cities Program for improvements in the Lower Ralston Creek Neighborhood; and WHEREAS, the Department of Housing and Urban Development has formally approved said application; and WHEREAS, the City Council did approve Resolution No. 79-489 authorizing the acquisition of real property required for said project; and WHEREAS, real estate appraisals and review appraisals have been conducted to establish fair market value for the above named parcels to be acquired as part of Phase II of said project; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA: 1. That the following amounts are hereby determined to be just compensation for the purpose of acquisition of the following real property: $68,000 for Parcel No. 10, legally described as: "Commencing 50 feet South of the Northwest Corner of Block 20, County Seat Addition, Iowa City, Iowa, according to the recorded plat thereof, thence East 80 feet; thence South 90 feet, thence West 80 feet, thence North 90 feet to the Place of Beginning." $39,000 for Parcel No. 13, legally described as: "Lot 1, in Block 18, in that part of Iowa City, Iowa, known as the County Seat of Johnson County, according to the recorded plat thereof, subject to easements, restrictions and reservations of record. 2. That the City Manager and the Community Development Block Grant Program Coordinator are hereby authorized and directed to begin negotiations for the acquisition of said parcel in accordance with real property acquisition regulations of the Department of Housing and Urban Development. 3. That the City Manager, acting as executive officer of all housing and Community Development Block Grant programs, is hereby authorized to contract for the purchase of said parcels. ii4;&s Resolution Ni10-449 Page 2 It was moved by Neuhauser and seconded by Vevera the Resolution 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 7th day of October 1980. 0R J ATTEST: I�FiT CITY CLERI RECEIVED & AF7R0 =D BY TSE LEGAL EPARTMENT 1O�e2ldd City of Iowa C"y MiEMORANOVM Date: October 1, 1980 To: City Council �`��/ From: Bruce A. Knight, Planner/Program Analystq�V/ Re: Resolution Establishing Just Compensation for Parcels 10 and 13 (Owned by Johnnie Anderson and Wilfrieda Hieronymus) In accordance with real property acquisition regulations of the Department of Housing and Urban Development, this resolution will formally establish just compensation for parcels 10 and 13 at $68,000 and $39,000 respectively. This figure is in line with the appraisal and review appraisals carried out on the properties. Parcel #10 is located at 512 South Linn Street and parcel #13 is located at 725 South Linn Street. Both are adjacent to Ralston Creek. bj3/2 1102,7 J RESOLUTION NO. 80-45C RESOLUTION AUTHORIZING THE CITY MANAGER TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR THE ACQUISITION OF REAL PROPERTY FOR THE LOWER RALSTON CREEK NEIGHBORHOOD REVITALIZATION PROJECT (PARCEL #12 OWNED BY DEWEY AND LORRAINE PETERSEN). WHEREAS, the City Council of the City of Iowa City did approve Resolution No. 79-242 authorizing application for federal funds under the Community Development Block Grant/Small Cities Program for improvements in the Lower Ralston Creek neighborhood; and WHEREAS, the Department of Housing and Urban Development has formally approved said application; and WHEREAS, the City Council did approve Resolution No. 79-489 authorizing the acquisition of real property required for said property; and WHEREAS, real estate appraisals and review appraisals have been conducted to establish fair market value of the parcel to be acquired for Phase II of said project; and WHEREAS, the City Council did approve Resolution No. 80-413 establishing just compensation for real property acquisition for parcel #12 owned by Dewey and Lorraine Petersen in the Lower Ralston Creek Neighborhood Revitalization Project; and WHEREAS, in order to acquire said real property the City desires to enter into contract 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 City Manager is hereby authorized to sign and the City Clerk to attest the contract for the purchase of the real property referred to below for the amount designated below: Parcel No. Purchase Price 12 $144,500 It was moved by Neuhauser and seconded by Vevera the Resolution be adopted, and upon roll call there were: AYES: NAYS x x _ x _ x _ x _ x ABSENT: x Balmer Erdahl Lynch Neuhauser Perret Roberts Vevera Passed and approved this 7th day of October, 1980. -� AYOR RECEIVED D & APPROVED ATTEST: BY/uf/AL DEPARTMEN CITY CLERK /6r - '1/.AF CONTRACT FOR ACOUISITION OF REAL PROPERTY THIS AGREEMENT made and entered into the 5th day of November, 1980, by Dewey F. Petersen and Lorraine C. Petersen, Seller, and the CITY OF IOWA CITY, Buyer. 1. In consideration of the agreements, covenants, and provisions herein contained, Seller(s) hereby agrees to sell and furnish to Buyer a Warranty Deed, on form(s) furnished by Buyer, and Buyer agrees to purchase the real property situated in the City of Iowa City, County of Johnson, State of Iowa, and legally described as follows: "Lots 2, 3 and 4 in Block 18, County Seat Addition to Iowa City, Iowa, according to the recorded plat thereof subject to easements and restrictions of record." The premises includes all estates, rights, titles and interests in the real property specified subject to all easements, whether temporary or permanent. 2. This contract shall apply to and bind the legal successors in interest of the Seller(s), and Seller(s) agrees to pay all liens and assessments against the premises, including all taxes assessed and payable at the time of delivery of the conveyance and further agrees to warrant good and sufficient title. If title to this property becomes an asset of any estate, trust, conservatorship or guardianship, Seller(s) agrees to obtain court approval of this contract if deemed necessary by the Buyer's attorney. Names and addresses of lienholders include: Hills Bank & Trust Co; Iowa City Fence Co. 3. Seller(s) agrees to furnish and deliver to Buyer at the Civic Center, 410 East Washington Street, Iowa City, Iowa 52240, an abstract of title continued to date hereof showing merchantable title to the premises in Seller(s), and Seller(s) further agrees to make all necessary abstract corrections, and Buyer agrees to pay the cost of continuing the abstract. In addition to the Lump Sum, Buyer agrees to pay costs necessary and incident to transferring the premises to the Buyer, i.e. abstracting, mortgage prepayment penalties, mortgage release payments, documentary stamps, recording fees, and similar fees and costs, but not attorney fees. Claims for such payments shall be made on forms furnished by Buyer and paid in an amount supported by paid receipts or signed bills. 4. Seller warrants that there are no tenants on the premises holding under lease except: none. Seller warrants that there are no tenants on the premises holding without lease except: none. Seller warrants that there are no tenants on the premises with compensable leasehold interests, other than the following: none. 5. By signing this contract Seller(s) does not jeopardize the right to relocation assistance benefits for which he may be eligible under law. 6. Possession of the premises is the essence of this contract, and Buyer may take immediate possession of the premises per the terms of this contract for purposes set forth herein. Seller(s) may at his option surrender possession of the premises or any part thereof prior to the time at which he has hereinafter agreed to do so. Seller(s) agrees to give Buyer ten (10) days notice of Seller's intention to vacate the premises, said Notice to be given to Buyer at the Civic Center, 410 East Washington Street, Iowa City, Iowa 52240. Upon Seller's vacation of the premises, Buyer may enter and may assume full possession, use and enjoyment of same. 7. Buyer agrees to pay and Seller agrees to grant the right of possession, to convey title to and to surrender physical possession of the premises as shown on the Schedule listed below. Payment Schedule Performance Performance Date $144,500 On conveyance of title November 5, 1980 Payment nil On possession Buyer and Seller(s) agree that the amounts described herein constitute just compensation to Seller for all property interests described herein, and that said payment is made in lieu of condemnation. 8. Claims for all lump sum payments are certain, and are due and payable on or before the date specified herein. Buyer may include mortgagees, lienholders, encumbrancers and taxing bodies as payees on checks for contract payments. If, and only if, the Seller(s), immediately preceding this sale, holds the title to the premises in joint tenancy, and such joint tenancy is not later destroyed by operation of law or by acts of the Seller, then the proceeds of this contract, and any continuing and/or recaptured rights of Seller in said real property, shall be and continue in Seller as joint tenants with rights of survivorship and not as tenants in common; and Buyer, in the event of the death of either of such joint tenants, agrees to pay any balance of the proceeds of this contract to the surviving Seller(s) and to accept deed solely from them. 10. It is agreed Buyer may enter on the premises, upon Seller signing the contract, if necessary for the purpose of obtaining field information. 11. This written contract constitutes the entire agreement between the parties and it is understood that there is no agreement to do or not to do any act or deed except as specifically provided for herein. The entire contract consists of 3 pages. 12. Seller agrees to pay pro -rata share of property taxes for fiscal year 980, due and payable in 1981, to -wit /, � /365 days, or % of W15 (total) for a total estimated pro -rata share of $�/-,?f Said share share shall be paid to the City at closing. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals the date first above written. SELLER: Dewey F. Petersen BYE ✓�. 2 Lorraine C. Petersen TITLE: /1'P2 (f, SELLER'S ACKNOWLEDGEMENT STATE OF IOWA ) SS COUNTY OF JOHNSON /) On this 6 day of �'�.� t�1980, before me, the undersigned, a Notary Pub i��'in and for t e State of wa, County f Joohh:�Pnn personally appeared to me known to be the identical persons named in and who executed the foregoing instrument and acknowledged that they executed the same as their voluntary act and deed. Not y Public in and for the State of Iowa My Commission expires,,2 z V./ � BUYER: CITY OF IOWA CITY BY• AC7�CITY M NAGVR ATTEST: X CITY CLERK BUYER'S ACKNOWLEDGEMENT STATE OF IOWA SS COUNTY OF JOHNSON ) On this day of 0 980, before me, the undersigned, a Notarytic i for the State of Iowa, County of Johnson, personally appeared and "bhip 4, Al r o iqe personally known, who by me duly sworn, did say that they are tl litk Manager aad—C4-ty Clerk respectively, of the said municipal corporation by the authority of its City Council; that the said City Manager and City Clerk as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said municipal corporation, by it and by them voluntarily executed. No ary Public in and for the State of Iowa , 1 �•,nc�c��'�n FTc:iti'c� :acietion4 til a./ S My Commission expires'& //•z6f B. 4 I lel, - q FOR THE LEGAL EFFECT OF THE USE OF THIS FORM, CONSULT YOUR LAWYER COURT OFFICER DEED IN THE MATTER OF Reel ..`a �'� ,2°tea: s:a: o� 10 2. r,aa. e.0 THE ESTATE OF EUGENE C. WARREN, Deceased now pending in the Iowa District Court in and for Johnson County. Probate No. 17573 Know All Men bg aheae Presents: That pursuant to the authority and power vested in the undersigned, and In consideration` of the sum of Forty Thousand Dollars ($40,000.00) in hand paid, the undersigned, in the representative capacity designated below, hereby conveys unto Dewey F. Petersen and Lorraine C. Petersen, husband and wife, Johnson { the following described reel estate situated in County, St 1` o ' to -wit: I,a-:. ;. Ll I - Lots 2, 3, and 4 in Block 18 County Seat Addition to Iowa 19 NOV - ii112:50 City, Iowa, according to the recorded plat thereof subject to easements and restrictions of record. i"RE i..,, RcCO3c0En�� JOHNSON CO., 101,. This Deed is executed and delivered in full satisfaction and performance by the Seller of a certain Real Estate Contract -- Installments dated July 22, 1975, and recorded August 18, 1975, in Book 448, page 279, records of the Recorder of Johnson County, Iowa. This Deed is exempt from filing a Real Estate Transfer --Declaration of Value Foran. Words and phrases herein, including acknowledgment hereof, shell be construed as in the singular or plural number, and as masculine, lominine or neuter gender, according to the context. Z�day October 19804, Signed this of ( q S � W aAA►- C.. x c tsA�r . FE CHARLES C. WARREN, Executor of the s.., •• Estate of Eugene C. Warren, Deceased Hal As a in the above entitled so. estate or cause.•' �rq Transfer Fee "'• 8y r� Recording Fee �� (Title) ate• Total • 40 cutor` in the above 8y 1 (Title) entitledestate ate or cause. .�Iior, AdminHfrafor, Guardian, Comervefw, Trustee, Rehm, Commissioner, w Rauber KANSAS - /k� STATE OF County of , ss. On thi= ;L� day of ''__'October 19 80 , before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Charles C. N7arrpn to me known to be the identical person named in and who executed the foregoing instrument, and acknowedeged that he, as such fiduciary, executed the same as the voluntary act end deed of himself and of such fiduciary p -�� Notary Public in and for the Stat l�IRCEY HANCOPI WORN _ • Use space for corporate fiduciary. Insert official titles with names. �'•'+':.' R>~NSFER TA Iowa Code Sections 633.4, 633.29, 633.96, 633.98, .,Z- w�i J 633.383 to 633.400, 633.652 and 633.699(2). a,, NOTA �+ If this is a Referee's, Commissioner's or Receiver's Deed, detennlne ' for yourself whether endorsement or confir1Ratlon by Clark's Cant,. AL •yi% •'• �! S • fate is required.'" — (.JV 60 ,q'..... �S -el-�Y IOWA STATE BAR A CIAI COURT OFFICER DEED rca! _ I; `sd � �� Offic ade- al Form No. P•toi (Trade -Mark Registered, sbb of lows, 1887) e5n 3 //j �LLr t � 113 45 7R ;I10 jo ¢FC• -n This Prinlin 'MB 1019 80511 1 �.�....._.. - . - L Y. STATE OF IOWA, County, ss. On this day of A. D. 19_, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared , to me personally known, who, being by me duly sworn, did say that they are theand respectively, of said corporation executing the within and foregoing instrument; that (no seal has been procured by the said (the seal affixed thereto is the seal of said) corporation; that said instrument was signed (and sealed) on behalf of said corporation by authority of its Board of Di- rectors; and that the said and acknowledged the execution of said instrument to be the voluntary act and deed of said corporation and of said fiduciary, by it, by them and as such fiduciary voluntarily executed. Public in and for the Stato of Iowa m o o of Ino < xm ° u o °' w 0 > c 70 u O O o0 - U W Cm _ w V Cd o H o y OFz O N o m 8 _L o O q U 0 O N N o 3 o o 'o a 0 o r�, U a $ m O ,[ r o O Cie o �+ I < O m m Z U O w w LL o Z V w W U o o m o ce m Official Form No. 1.1 CIATION FOR THE LEGAL EFFECT OF THE USE Rr.a..Kvk .. i...,.a. s..r, a r.ws .aarr OF THIS FORM, CONSULT YOUR LAWYER WARRANTY DEED Unow Z[I Alen by Tbot Prezentg: That DEWED F,�EIERSEN and IARRAINE C. PF rERSEni_, husband and wife, in consideration of the sum of _O� DOLLAR $1.00) AND OTTER VALUABLE CONSIDERATION in hand paid do hereby Convey unto CITY OF ICWA CITY. IOWAr Grantees' Address: the following described real estate, situated in __J_01 LSON _ _County, Iowa, to -wit: Lots 2, 3, and 4 in Block 18 County Seat Addition to Iowa City, Iowa, according to the recorded plat thereof subject to easenmts and restrictions of record. REAL ESTATE TRANSFER TAW ' 4xr Ar a� Ja rel i "`" $15 8 K e 4Or,TF 0)"�3 FEE rransfer lee T. UU Recording Fe, rrotaf �• 4 D' I FILED4168 No.- 800v-7§�a 188 5 1"! 1 ?; 10 JOHNSON U., Iv',r•'• And the grantors do Hereby Covenant with the said grantees, and successors in interest, that said grantors hold said real estate by title in fee simple; that they have good and lawful authority to sell and convey the some; that said premises are Free and Clear of all Liens and Encumbrances Whatsoever except as may be above stated; and said grantors Covenant to Warrant and Defend the said premises against the lawful claims of all persons whomsoever, except as may be above stated. Each of the undersigned hereby relinquishes all rights of dower, homestead and distributive share in and to the described premises. Words and phrases herein including acknowledgment hereof shall be construed as in the singular or plural number, and as masculine or feminine gender, accord irr V the context. Signed this --2 ' day of November ,19 80 STATE OF IOWA. COUNTY OF JOHNSCN j ss. 1 On this✓day o{ November 1980 b, me, the undersigned, a Notary Public in and for said County and State, personally appeared Dewey F. Petersen and Lorraine C. Petersen (Grantors' address) to m k wn to be the dentica a named in and who axe to i e going i from , yr cknowledged that they e cu as he' v ar c ae fh y 4 ° 3a. _1111 L. 1. .n Notary Public in an for said County and State n W 1,1 WARRANTY DEED �STATE OF— —_COUNTY, ss: On this __day of , 19— before me, the undersigned, a Notary Public in and for said County and said State, personally appeared to me known to be the identical persons named in and who executed the foregoing instrument, and acknowledged that they executed the same as their voluntary act and deed. Notary Public in and for said County and said State STATE OF COUNTY, ss: On this day of . 19—, before me, the undersigned, a Notary Public in and for said County and said State, personally appeared C fu L L fu W O H to me known to be the identical persons named in and who executed the foregoing instrument, and acknowledged that they executed the same as their voluntary act and deed. Notary Public in and for said County and said State co r o E O 'O O !` 1 U a d Q `O N K O• N P N 4� o O ,O C 0 o w o0 9 U C c o C O w O N O � d N LL W b N 0 O 2 �- O .� a) O O x < O p O O o _O O Z O h m D N Q N d N W 7D « n O W v, it '� O U U O T m O K N m City of Iowa Co y MEMORANOVM Date: October 1, 1980 To: City Council From: Bruce A. Knight, Planner/Program Analyst Re: Proposed Settlement, Parcel No. 12, Lower Ralston Creek Neighborhood Revitalization Project After discussing the, City's purchase offer for the property at 220 E. Lafayette Street with their attorney, Mr. Bill Meardon, Mr. and Mrs. Peterson have responded with a counteroffer of $144,500. The City's purchase offer for this property was $131,000. It is the feeling of the staff after looking over the above-named counteroffer that this settlement is justified and the staff therefore recommends that the City settle for this amount. Attached please find a resolution authorizing the City Manager to sign and the City Clerk to attest the contract for acquisition of this property. bj3/4 Ila 19 BURLINGT //340 RESOLUTION NO. 80-451 RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT TO THE CITY'S UMTA SECTION 18 CONTRACT, ADDING NEW LANGUAGE REGARDING MINORITY BUSINESS ENTERPRISE (MBE) AND WOMEN'S BUSINESS ENTERPRISE (WBE) PARTICIPATION. WHEREAS, it is in the public interest to provide public transportation to the citizens of Iowa City, which citizens include the physically handicapped; and WHEREAS, Iowa City has received a Section 18 grant from the Urban Mass Transportation Administration (UMTA) to purchase transit equipment under a joint program with the Iowa Department of Transportation (IDOT); and WHEREAS, IDOT and the City have negotiated an Agreement governing the terms of said grant for 1980 to 1982; and WHEREAS, it is now necessary for IDOT and the City to amend their agreement to comply with new language requirements regarding Minority Business Enterprise (MBE) and Women's Business Enterprise (WBE) participation in all U.S. DOT -assisted projects. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: that the City Manager is hereby authorized to execute an amendment to the Joint Participation Agreement between the City of Iowa City and the Iowa Department of Transportation (IDOT). It was moved by Perret and seconded by Neuhauser the Resolution 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 7th day of October, 1980. -1Z77 nvno ATTEST: CITY CLERK r �.iL14E-17 u - B1� GAL DEPkRT:,ENT RESOLUTION NO. 80-452 _ RESOLUTION AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT FOR THE CONSTRUCTION OF THE RENOVATION OF AIR CONDITIONING AND HEATING SYSTEMS AT-MT- WHEREAS, T-M - WHEREAS, Jones Plumbing and Heating, Inc., of Iowa City, Iowa has submitted the beat bid for the construction of the above-named project. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the contract for the construction of the above-named project is hereby awarded to Jones Plumbing and Heating, Inc. , subject to the condition that awardee secure adequate performance bond and insurance certificates. 2. That the Mayor is hereby authorized to sign and the City Clerk to attest the contract for the construction of the above-named project, subject to the condition that awardee secure adequate performance bond and insurance certificates. It was moved by Vever a and seconded by Lynch that the Resolution as read be adopted, and tTon roll call there were: AYES: NAYS: ABSENT: x Balmer x Erdahl x Lynch x Neuhauser x Perret x - Roberts x Vevera Passed and approved thin 7th day of October , 19 80 ATTEST: awtiJlYa'L [t 8f itlJ `'LL �l 'TU LEGAL DEPARTMENT �S /O -Z -fid FORM OF CONTRACT THIS AGREEMENT, made and entered into this 20th day of October 19 80 , by and between the City of Iowa City, 410 East Washinqton Street Iowa City, Iowa, hereinafter referred to as the Owner, and hereinafter referred to as the "Contractor" WITNESSETH: That whereas the Owner has heretofore caused to be prepared certain plans, specifications and bid forms dated the 7th day of JULY 1980 for Renovation of Air Conditioning and Heating Systems at the Iowa Civic Center, Police and Fire Department Building under the terms and conditions therein fully stated and set forth, and Whereas, said plans, specifications and proposal accurately and fully describe the terms and conditions upon which the Contractor is willing to perform the work specified: NOW, THEREFORE, IT IS AGREED: 1 . That the Owner hereby accepts the proposal of the Contractor for the work and for the sums listed below: Base Bid ---- Alternate 1 ---- Alternate 2 ---- Alternate 3 ---- Total $ 149,000.00 13,700.00 2,000.00 2,700.00 $ 167,400.00 2. That this contract consists of the following component parts which are made a part of this agreement and Contract as fully and absolutely as If they were set out in detail in this Contract: A. Bidding Requirements and Conditions of the Contract, including: I ) Notice to Bidders 2) Instructions to Bidders 3) General Conditions , Division 1 4) Special Conditions, Division 2 5) Technical Specifications, Divisions 3 through B. Drawings dated July 7, 1980, numbered sheets M1 through M4 prepared by Charles J. R. McClure and Associates , Inc. C. Addenda Numbers D. Contractor's Proposal. E. This Instrument. Above components are complementary and what is called for by one shall be as binding as if called for by all. 3. That payments are to be made to the Contractor in accordance with and subject to the provisions embodied in the documents made a Part of this Contract. 4. That this Contract is executed in triplicate. 113S FORM OF CONTRACT IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals the date first written above. CITY OF IOWA CITY i Title :21144 -. 122 ATTEST: ZIZL �/ ) (Title) Contractor Jones Plumbing $ Heating, Inc. (Seal) (Title) President (Title) Secretary 11,36 r RESOLUTION NO. 80-453 RESOLUTION ......RDING CONTRACT AND AUTHORIZIA....AYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT FOR THE CONSTRUCTION OF THE COURT AND CORRIDOR FOR THE DOWNTOWN PARKING FACILITY RAFiF 7,- BLOCK 83/84 IOWA CITY, IOWA WHEREAS, Streb Construction Co., Inc. of Iowa City, Iowa has submitted the beet bid for the construction of the above-named project. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the contract for the construction of the above-named project is hereby awarded to S_treb Construction Co., Inc. , subject to the condition th awardee secure adequate performance bond and insurance certificates. 2. That the Mayor is hereby authorized to sign and the City Clerk to attest the contract for the construction of the above-named project, subject to the condition that awardee secure adequate performance bond and insurance certificates. It was moved by Neuhauser and seconded by Vevera 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 thin 7th day of October , 19 80 J MAYO ATTEST:MLJ CITY CLERK FiECF'IVED � °:=h07ED i;Y Ta LF,Ga1 L'Eit4'P1LLt1T //37 This document has important legal consequences; consultation with an attorney is encouraged with respect to its completion or modification. STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR ON THE BASIS OF A STIPULATED PRICE Jointly Issued by PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE A practice division of the NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS and by AMERICAN CONSULTING ENGINEERS COUNCIL and by CONSTRUCTION SPECIFICATIONS INSTITUTE © 1978, NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS 2029 K STREET, N.W., WASHINGTON, D.C. 20006 AMERICAN CONSULTING ENGINEERS COUNCIL 1155 15TH STREET, N.W., WASHINGTON, D.C. 20005 CONSTRUCTION SPECIFICATIONS INSTITUTE 1150 17TH STREET, N.W., WASHINGTON, D.C. WASHINGTON, D.C. 20036 This Standard Form of Agreement has been prepared for use with the Standard Form of Instructions to Bidders (NSPE-ACEC Document 1910-12, CSI 56466, 1978 edition) and with the Standard General Condi- tions of the Construction Contract (NSPE-ACEC Document 1910-8, CSI 56465, 1978 edition). Their provisions are interrelated and a change in one may necessitate a change in the others. Comments concerning their usage are contained in the Commentary to the Documents, NSPE-ACEC 1910-9, 1978 edition. NSPE-ACEC 1910-8-A-1 CSI 56467 R,qu'inw(l 9-78 IOM THIS AGREEMENT is dated a 10th „ • ........ day of.. 2m b e r ..... ` 19.. AP ..... by and between e City of Iowa Cit I- - City, Iowa (hereinafter called OWNER) and Streb Construction Co., Inc. (hereinafter called CONTRACTOR) OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK. CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: An open court of approximately 1,600 square feet and a stair exit corridor of approximately 700 square feet. The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: Court and Corridor for the Downtown Parking Facility Ramp A, Block 83/84......... Iowa City, Iowa Article 2. ENGINEER. The Project has been designed by Carl Walker & Associates, Inc. who is hereinafter called ENGINEER and who will assume all duties and responsibilities and will have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. Article 3. CONTRACT TIME. F3.1. The Work will be substantially completed on or before ....... December _ 21. , , • ..... , . • , , , , 1980l ,and 'a completed and ready for final payment in accordance with paragraph 14.13 of the General Conditions on or before .......... D.ecember..21,..............19.80. o mdfida56L.Lli� ,, r t r , t• • ,.,e,e,ta.",' It 3.2. Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not substantially complete within the time specified in paragraph 3.1 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. They also recognize the delays, expense and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by OWNER if the Work is not substantially complete on time. Accordingly, instead of requiring any such proof, OWNER and CONTRAC- TOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER ............................................ dollars (S .................... ) for each day that expires after the time specified in paragraph 3.1 for substantial completion until the Work is substantially complete. Article 4. CONTRACT PRICE. 4.1. OWNER shall pay CONTRACTOR for performance of the Work in accordance with the Contract Documents in current funds as follows: (here insert a lump sum, unit prices or both, attaching exhibits if necessary) (CONTRACTOR's Bid may be attached as exhibit to avoid lengthy retyping of unit price schedules, formulae for escalation of prices, information as to alternatives, etc.) Article 5. PAYMENT PROCEDURES. Contractor shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions. Paee 1 of ...3...... pages //3 6V .,.I. Progress Payments. OWNER shall make progress payments on account of the Contrac12tge on the basis of CON- tCTOR's Applications for Payment as recommended by ENGINEER, on or about the .................... day of each mtlt during construction as provided below. All progress payments will be on the basis of the progress of the Work measured y the schedule of values provided for in paragraph 14.1 of the General Conditions. d �� ew, r Il�fidtlt ^ter'-:,. �re.ir`in il�t' Fee 5.2. Final Payment. Upon final completion and acceptance of the Work in accordance with paragraph 14.13 of the General Conditions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said paragraph 14.13. Article 6. INTEREST. All moneys not paid when due hereunder shall bear interest at the maximum rate allowed by law at the place of the Project. Article 7. CONTRACTOR'S REPRESENTATIONS. In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations: 7.1. CONTRACTOR has familiarized himself with the nature and extent of the Contract Documents, Work, locality, and with all local conditions and federal, state and local laws, ordinances, rules and regulations that in any manner may affect cost, progress or performance of the Work. 7.2. CONTRACTOR has studied carefully all reports of investigations and tests of subsurface and latent physical condi- tions at the site or otherwise affecting cost, progress or performance of the Work which were relied upon by ENGINEER in the preparation of the Drawings and Specifications and which have been identified in the Supplementary Conditions. 7.3. CONTRACTOR has made or caused to be made examinations, investigations and tests and studies of such reports and related data in addition to those referred to in paragraph 7.2 as he deems necessary for the performance of the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents; and no additional examinations, investigations, tests, reports or similar data are or will be required by CONTRACTOR for such purposes. 7.4. CONTRACTOR has correlated the results of all such observations, examinations, investigations, tests, reports and data with the terms and conditions of the Contract Documents. 7.5. CONTRACTOR has given ENGINEER written notice of all conflicts, errors or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. 7.6. Article 8. CONTRACT DOCUMENTS. The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR are attached to this Agreement, made a part hereof and consists of the following: 8.1. This Agreement (pages 1 to 3.., inclusive). 8.3. Performance and other Bonds, identified as exhibits ...A. &. B ........... and consisting of A.. pages. 8.5. General Conditions �8fin Page 2 of ....3..... pages Court and Corridor for Downtown Parking 8.7. Specifications bea- ie title Ramp A Block 83/84........... Iowa City, Iowa 8.8. Drawinea.r...tu:.. - — -- _ I�IIe*ir�.{jt�nteirnb: 8.9. Addenda number] 1 8.10. CONTRACTOR's Bidfwaiar�l��ait�Iraitrii�Yi6i��f�itwrF aww"jj. 8.12. Any Modification, including Change Orders, duly delivered after execution of Agreement. 8.13. There are no Contract Documents other than those listed above in this Article 8. The Contract Documents may only be altered, amended or repealed by a Modification (as defined in Section 1 of the General Conditions). Article 9. MISCELLANEOUS. 9.1. Terms used in this Agreement which are defined in Article 1 of the General Conditions shall have the meanings indicated in the General Conditions. 9.2. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 9.3. OWNER and CONTRACTOR each binds himself, his partners, successors, assigns and legal representatives to the other party hereto, his partners, successors, assigns and legal representatives in respect to all covenants, agreements and obligations contained in the Contract Documents. Article 10. OTHER PROVISIONS. IN WITNESS WHEREOF, the parties hereto have signed this Agreement in triplicate. One counterpart each has been delivered to OWNER, CONTRACTOR and ENGINEER. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or by ENGINEER on their behalf. This Agreement will be effective on ........... N ovemb AT.. 1,0, . , 1q..8.0 I OWNER �.... l �:R...l.:^.... CONT TO .. CQ.• Inc_. _ly y .r. r. ^.. L..... By.... ...T / _ / [CORPORATE SEAL) '� [CORPORATE SEAL] Attest...': Address for giving notices (If OWNER: is a public body attach evidence of authority to sign and resolution or other document authorizing execution of Agreement.) Attest.............................................. Address for giving notices License No .......................................... Agent for service of process: .......................... Page 3 of .. 3 ...... pages N3' Exhibit A THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A3 f 1 Performance Bond KNOW ALL MEN BY 1 -HESE f RESENTS: that Streb Construction Co., Inc. Iowa City, Iowa as Principal, hereinafter called Contractor, and, Merchants Mutual Bonding Company Des Moines, Iowa Bond NIA -404,221 Mere n,,,l lull eamr and add le•v n1 legal loll, of CnntuaeQ IIR1e n,,,l loll name and addreu or Iepal Inlr of )ure4Yl as Surety, hereinafter called Surety, are held and firmly hound unto The City of Iowa City 1#411, loll mmr and Mdren n, legal bale of 410 E. Washington St. Iowa City, Iowa 52240 as Obligee, hereinafter called Owner, in the amount of Thirty -One Thousand Nine Hundred Twenty - Eight and No/100--------------------------------------------------------------------- --------------------------------------------------------- Dollars ($ 31,928.00 )a lot 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 November 10 ,1980 , entered into a contract will, Owner for (Ill,, Irrell full come, addlrl, and dr,rupben nl e,nlenl construction of an open court and an exit corridor for downtown parking facility in accordance -with Drawings and Specifications prepared by Carl Walker & Associates, Inc. ❑ ror ,nett lull name and addrett or Iepd Isle of Arelnleell 6100 Golden Valley Road Minneapolis, Minnesota 55422 which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. AIA DOCVMINT A311 • PERIORMANCf BUND AND EAa()R A%0 MAI1RIAl PAYAIfNT BUND • AIA P H BRUARY 1970 1D. • THE AM(RICAN INSTITUTE Of ARCHITECTS, 17 IS N.Y. AVE., N.1w, 1VA5HIN(;IUN, D. C 2UO06 1 PERFORM INCE BOV` 7WROORE, THE CONDITION Of THIS ORUGATION Is Will I11,11, If Cnnnaclnr shall p(Omplly and faithfully perform onlract, then this obligation shall be null and void, otherwise it shall remain in full force and effect. extthe Surety hereby waives notice of any alteration or ension of time made by the Owner. Whenever Contractor shall be, and declared by Owner to be in default under the Contract, the Owner having performed Owner's obligations thereunder, the Surety may promptly remedy the default, or shall promptly 1) Complete the Contract in accordance with its leans and conditions, or 21 Obtain a bid or bids for tompleiing the Contract In accordance with Its terms and conditions, and upon de. termination by Surety of the lowest responsible bidder, or, if the Owner elects, upon delermnauon by the Owner and the Surety jointly of the lowest responsible bidder, arrange for a contract between such bidder and Owner, and make available as Work progresses leven though there should be a default or a succession of Signed and sealed this 29th day of defaults under the contract or contracts of completion arranged uneler this paragraph) sufficient funds to pay the cost of rulnpletiion less the balance of the contract price; but not exceeding, including other costs and damages for sshrch the Surety mal, be liable hereunder, the amount set fnHla in the first paragraph hereof. The term "balance of the ronlracl price," as used in this paragraph, shall mean tilt• total amount payable b5Owner to Contractor under the Contract and any amendments thereto, less the amount properly paid by Owner to Contractor. Any sun tinder this bund must he mshtut ed before the expoahon of Iwo f21 years from the date on which final payment under the Contract falls due. No right of action shall accrue on this bond to or for the use of any person or corporation other Than the Owner named herein or the heirs, executors, adminis- tralors or successors of the Owner. October 19 80 Streb Construction Co., Inc. r Lnrl Merchants Mutual Bonding Company M. J. oIT 4�Nc�Prnt AIA DOCUMENT A311 • PIRIORMANCI BOND AND IAROR AND MAIIRI I PAYMENT BONE) • AIA to H ARUARY 19711 It). • THE AMERICAN INSIIIIHE Of ARCHITICIS, 1775 N.Y. AV[ , W., WASIIINGTON, D. C 711104 2 //3 7 Exhibit B THE AMERICAN INSTITUTE OF ARCHITECTS I -) t I'il lI /A d h5) i AIA Document A311 Labor and Material Vayment Bond Bond #IA -404,221 THIS BOND 15 ISSUED SIMULTANEOUSLY \VIT11 PIA{ORMANCE BOND IN FAVOR OF THE OWNER CONDITIONED ON THE FULL AND FAITHFUL PERFORMANCE Of THE CONTRACT 11 KNOW ALL MEN BY THESE PRESENTS: that Streb Construction Co., Inc. Iowa City, -Iowa as Principal, hereinafter called Principal, and, Merchants Mutual Bonding Company Des Moines, Iowa were marl lost name and address or trial ode or Conlutlol) Illere n,e,, loll name and address or legal 1.11, of Smell as Surety, hereinafter called Surety, are field and firmly bound unto The City of Iowa City filen ,.sen (nil name and address of legal Inde of OI -4c) 410 E. Washington St. as Obligee, hereinafter called Owner, for the use and benefit of claimants5as ItPr6nbetow deiine0d, in the amount of Thirty -One Thousand tine flundred Twenty -Eight and No/100 -------------------- (Hart insert a tom equal to at least one-half of the toeluel price) Dollars (s 31,928..OQ I, for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has by written agreement dated November 10, 19 80 , entered into a contract with Owner for Mere Insert fo11 name, address and dnmrawn of project) construction of an open court and an exit corridor for downtown parking facility in accordance -with Drawings and Specifications prepared by Carl Walker & Associates, Inc. ni,,e ,n„fl lull come and add„a or legal ode of Areh4e01 6100 Golden Valley Road Minneafpolis, Minnesota 55422 which contract is by reference made a part hereof, and is hereina ter referred to as the Contract. AIA DOCUMENT A711 PERIORMANCE BOND AND LABOR AND MA1IRIA1, PAYMENT BOND • A!A M 116RUARY 1970 ED. • THE AMERICAN INSTITUTE OF ARCHITEC75, 17JS N.Y. AVE., N.W., WASHING7ON, D. C. 700% 3 hp; 9 ,,,,;OR AND MATERIAL P_."ENT -.NENT BOND rww, Ila RIIORI. nu (ONUITILIN IN nus ORUGnllON Is su(h Thal, If Poncipal shall promplly make payment to al claimants as hereinafler defined, for all labor and material used or u•asonably required for use in the performance of tb Contract, then this obligation shall be void; otherwise It shall remain in full force and effect, subject, however, to the lot lowing conditions: 1. A claimant is defined as one having a direct con- tract with the Principal or with a Subcontractor of the Principal for labor, material, or both, used or reasonably required for use in the performance of the Contract, labor and material being construed to include that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental of equipment directly applicable to file Contract. 2. The above named Pon( Ilial and Surely hereby jointly and severally agree with the Owner that every claimant as herein defined, who has not been paid in full before the expiration of a period of ninety (90) days after the date on which the last of such claimant's work or labor was done or performed, or materials were lu'nished by such claimant, may sue on this bond for the use of such claimant, prosecute the suit to final ,judgment for such sum or sums as may be justly due claimant, and have execution ihercon. The Owner shall not be liable for the payment of any costs or expenses of any such suit. 7. No suit or action shall be commenced hereunder by any claimant: a) Unless claimant, other than one having a dire(I contract with the Principal, shall have given written notice to any two of the lollowolw the Principal, the Owner, or the Surety above named, walim nu)rly (90) days after such claimant did or performed the last of the work or labor, or furnished the last of the materials for which said claim is made, stating with substantial Signed and sealed this 29th accuracy the amount claimed and the name of the parr to vahom the materials were furnished, or for whon the work or labor seas done or performed. Such nolic shall he served by mailing the same by registered ma' or certified mail; postage prepaid. in an envelope ad dressed to the Principal. Owner or Surely, at any plat where an office is regularly maintained for the Iran! action of business, or served in any manner in shit legal process may be served in the state in which Ih afow• aid prole(1 is Iocaled, save that such service nee not be made by a public officer. b) After the expiration of one (1) year following th date on which Principal ceased Work on said Conical: it being understood, however, that if any Iimilallon em bodied in this bond is prohibited by any faw contrnllin the construction hereof such limitation shall be derme, to he amended so as to he equal to the minimum pericr of limitation permitted by such lase. - 0 Other than in a slate courl of competent jurisdlclio In and for the county or other political subdivision c the state in which the Project, or any part thereof, situated, or in the United States District Court Inc th dmii(t in which the Project, or any part theraol, is si uaied, and not elsewhere. 4 the amount of Ihis bond shall he reduced hs an to the exlenl of any payment or pavroents made In goo Inch Iwivunder, mclu'.ive of the pa%mi-ni by Surety r nu•<hanl(s' Ions which may be filed of record again said Improcemcnt, vvhelller or not claim for the amour of such lien tic• presented under and against Ihls bona day of October 19 80 Streb Construction Co., Inc. ---- IP nnpaU — flirlrl Merchants Mutual Bonding Company IYun'ry) —___ lir nnh•1 M. J. L ng, Vice President AIA OOCUMINT A371 • PIRIORMANCI BUND ANO tAnOR AND KtAlf IAL PAYMINt PON[) • AIA F: ItBRUARY 1970 ID. • 1111 AM(RICAN )NS111U1I Ur ARCNI11CIS, 1715 N.Y. AVE , N.W , %VA}NINI,ION, D. C lu(xN, //3' 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.J. 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 29th day of October 19 80 k7'10�- A,�- President State of Iowa ) )ss County of Polk ) On this _ 29th day of October 19 80 , 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 instrument, 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 Public, Polk County, Iowa My Commission Expires 9-30-83 NOTARY SEAL a City of Iowa City, Iowa Street CHANGE OR EXTRA WORK ORDER Contracc No. Concerning: Court & Corridor for Downtown Parking Facility Ramp A No. t Kind of Work Deduction for work performed To: --Streb Construction Co. Inc. You arc! hereby ordered to make the following changes from the plans or do the following ex work on your contract dated A B fel Description of change to be made or extra work to be done: Concrete walkway and sewer between ramp entrance/exit and Clinton Street Reason for ordering change or extra work: Work has been contracted and/or completed. Sertlement for cost of work to be made as follows: Approved: Deduction of base bid in the lump sum amount of $4,487.00. Dw r o:kt Date: /q OV. 19 Date: X19 Receipt is acknowledgEd of this change or extra work order and terms of settlement are h( agreed to. 1' C tractor Date: j6dl y: Approved: '- V"ii — City Engineer Date: ///— 19 l RESOLUTION NO. 80-454 RESOLUTIO1, n"ARDING CONTRACT AND AUTHORIZIni: MAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT FOR THE CONSTRUCTION OF THE CBD STREETSCAPE IMPROVEMENT PROJECT PHASE II -C WHEREAS, Pleasant Valley Orchard and Nursery, Inc. of Iowa City, Iowa has submitted the best bid for the construction of the above-named project. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the contract for the construction of the above-named project is hereby awarded to Pleasant Valley Orchard and Nursery, Inc. , subject to the condition th awardee secure adequate performance bond and insurance certificates. 2. That the Mayor is hereby authorized to sign and the City Clerk to attest the contract for the construction of the above-named project, subject to the condition that awardee secure adequate performance bond and insurance certificates. It was moved by Vevera and seconded by Perret 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 7th day of October ' MAYOR ATTEST: CITY CLE KT 1j - a City of Iowa C" e MEMORANDUM Date: October 3. 1980 To: City Council From: Larry Chiat, Development Coordinator -� Re: Streetscape Phase II -C / Bids for the CBD Streetscape Improvement Project Phase II -C were first received by the City on September 10, 1980. The only bid received was for $195,941.57. By contrast, the engineer's estimate prepared by Ames Engineering and Testing Company was for $137,873.45. In order to obtain more bids and lower bid prices, City staff and Ames Engineering recommended that the City Council reject the single bid received on September 10, and authorize the rebidding of the project with a Revised Form of Proposal to provide for smaller trees. On September 16, the City Council adopted a resolution rejecting the single bid received and authorizing the publication of a new notice to prospective bidders. Pursuant to this readvertising, five bids were received and opened on October 1. The low bid of $134,488.77 was received from Pleasant Valley Orchard and Nursery, Inc. of Iowa City. The revised engineer's estimate prepared by Ames Engineering for the rebidding was for $154,805.00. A resolution authorizing the award of the Streetscape Phase lI-C Project to Pleasant Valley Orchard and Nursery, Inc. is on the Council's agenda for Tuesday, October 7. Staff and representatives from Ames Engineering will be present at the Informal Meeting on Monday, October 6, to explain the changes made in the tree specifications and to describe the scheduling of plantings. bc5/14 DIVISION I SECTION E FORM OF CONTRACT THIS AGREEMENT, made and entered into this Q1, day of C ri / L — , 19 , by and between the CITY OF IOWA CITY, IOWA, by its -Mayor "rupon order by resolution of the City Council of said City, hereafter called the CITY and PLEAMIT VALLEY ORCHARDS & NURSERY, IVC. hereinafter called the CONTRACTOR. WITNESSETH: That whereas the CITY has heretofore caused to be prepared certain plans and specifications dated Aojgt a L-!4 £'Q and entitled Central Business District Street cape Improv,ement Project Phase II -C which plans and specifications are now on file with the City Clerk of the City of Iowa City, Iowa and Whereas, the CONTRACTOR has submitted a bid to perform the work as de- scribed and set forth in said plans and specifications, and Whereas, said plans and specifications, and bid accurately and fully de- scribed the terms and conditions under which the CONTRACTOR is willing to perform said work; NOl1, THEREFORE, IT IS AGREED: 1. That the CITY hereby accepts the bid of the CONTRACTOR for the work and for the sums listed therein - Total Amount S 194,488.77 2. That this Contract consists of the following component parts which are made a part of this agreement and Contract as filly and absolutely as if they were set out in detail in this Contract: a. Addenda Numbers 1 b. Detailed Specifications c. Plans d. Notice of Public Hearing e. Advertisement for Bids f. Instructions to Bidders g. Special Provisions I -E-1 A h. Special Conditions i. General Conditions j. Contractor's Bid k. This Instrument Above components are complementary and what is called for by one shall be as binding as if called by all. 3. That payments are to be made to the Contractor in accordance with and subject to the provisions embodied in the documents made a part of this Contract. 4. That this Contract is executed in Triplicate. III WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals the date first written above. CI; OF Iowa City _, IOWA CONTRACTOR, Pleasant Valley Orchards & Nursery,In J l� / BY r-�� _.. • �C_ /, . �__ _ B� itle) Mayor ATTEST: �r (Title) City Clerk (Title) Arie Kroeze, President ATTEST: (Title) a Notary Public certify that prsonally came before me this day -and acknowledged that he is h,,a, /�_ of I and that by authority duly given and as the act of the corporation of the foregoing instrument was signed in its name by its 6'i tness my hand and seal this 7 '� day of 19 E-4 . _i My Commission Expires: /-36'-S--'z Nota y Public � 1 I -E-2 DIVISION I SECTION F PERFORMANCE AND PAYMENT BOND IA 403752 KNOW ALL MEN BY THESE PRESENTS THAT Pleasant Valley Orchard & Nursery, Inc. Iowa Cit IA Here insert the name and address of legal title of the Contractor a Principal, hereinafter called the Contract and din Com an Here insert the legal title of the Surety as Surety, hereinafter called the Surety, are held and firmly bound unto the City of Iowa City, Iowa, as obligee, hereinafter called the Owner, in the amount of one four hundrapct hty- eEy & 77/100 ($134,488.77 for the payment w ereof Contract and ure�y t bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written agreement dated �tnher 7 19 80 , entered into a Contract with Owner for the construction of ventral Business District Streetscape Improvement Project Phase II- Cin accordance with drawings and specifications prepared by Ames Engineering and Testing Company for the City of Iowa City, which Contract is by ref- erence made a part hereof, and is hereinafter referred to as the Contract. NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION are such that, if Con- tractor shall promptly and faithfully perform said Contract, then the obligation of this bond shall be null and void; otherwise it shall re- main in full force and effect. P.. 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 de- fault under the Contract, the Owner having performed Owner's obliga- tions 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, I -F-1 and make available as work progresses (even though there should be a default or a succession of defaults under the contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the Con- tract 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 amend- ments thereto, less the amount properly paid by Owner to Contrac- tor. The Contractor and his Surety shall, be obligated to keep the storm sewer and street pavement improvements covered by this bond in good repair for a period of five (5) years and the sa•n•itary scwcr mprovcrc^ts ccv2r- ed by this bond in good repair for a period of two (2),years, and all other improvements coverd by this bond in good repair for a period of one (1) year from the date of acceptance of the improvements by the Owner. Any suit under this bond must be instituted before the expiration of five (5) years from the date on which final payment under the Contract falls due. No right of action shall accrue to or for the use of any person or corporation other than the Owner named herein or the heirs, executors, administrators or successors of Owner. IT IS A FURTHER CONDITION OF THIS OBLIGATION that the principal and Surety shall, in accordance with provisions of Chapter 573 of the Code of Iowa, pay to all persons, firms or corporations having contracts directly with the prinicpal 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, area part of this bond to the same extent as if they were ex- pressly set out herein. SIGNED AND SEALED THIS _13th DAY OF _ October _ A.D., 1980 IN THE PRESENCE OF: Pleasant Valley Orchard & Nursery, Inc. Principal X-C -ZC� Witness Title Arie Kroeze, President I -F-2 // S<3 CERTIFICATION [,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.I. 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 13th day of nrt Ober , 19-89 President State of Iowa ) )ss County of Polk ) On this 13thday of October , 19 SO_, 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 instrument, 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 hereuntoset my hand affixed my Official Seal at the City of Des Moines, Iowa, the day and year first above written. NOTARY SEAL -')r Notary Public, Polk County, Iowa My Commission Expires 9-3083 //5Z✓ CKa0 I NAME AND ADDRESS OF AGENCY Jones -Thomas, Inc. COMPANIES AFFORDING COVERAGES 110 S. Linn St. A „ NY Northwestern National Iowa City, Iowa LETTER 52240 COMPANY � LETTER NAME AND ADDRESS OF INSURED COMPANY Pleasant Valley Orchards & Nursery LETTER Inc • COMPANY p a 1301 South Gilbert St. LETTER Iowa City, Iowa 52240 COMPANY E LETTER This is to certify that policies of insurance listed below have been issued to the insured named above and are in force at this time. Limits of Liabil ty in Thousands COMPANY LETTER TYPE OF INSURANCE POLICY NUMBER POLICY EXPIRATION DATE EACH AGGREGATE OCCURRENCE GENERAL LIABILITY BODILYINJURY E f COMPREHENSIVE FORM PREMISES—OPERATIONS PROPERTY DAMAGE f E ❑ EXPLOSION AND COLLAPSE HAZARD ❑ A UNDERGROUND HAZARD BCP 32 37 45 6-1-81 ® PRODUCTS/COMPLETED OPERATIONS HAZARD ® CONTRACTUAL INSURANCE BODILY INJURYAND PROPERrYDAMAGE E 500 E ❑ BROAD FORM PROPERTY COMBINED DAMAGE ❑ INDEPENDENT CONTRACTORS PERSONAL INJURY f ❑ PERSONAL INJURY AUTOMOBILE LIABILITY BODILY INJURY E ❑ (EACH PERSON) COMPREHENSIVE FORM BODILY INJURY f ❑ OWNED (EACH ACCIDENT) ❑ HIRED PROPERTY DAMAGE f NON OWNED BODILY INJURY AND PROPERTY DAMAGE E COMBINED EXCESS LIABILITY ❑ UMBRELLA FORM BODILY INJURY AND PROPERTY DAMAGE E 5 ❑ OTHER THAN UMBRELLA COMBINED FORM WORKERS'COMPENSATION STATUTORY A and BCP 32 37 45 6-1-81 EMPLOYERS' LIABILITY f 100,00QAZ.�00ENn OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES Iowa City Central Business District Streetscape Improvement Projectf Phase II - BC - Cancellation: G Cancellation: Should any of the above descr' d policies be cancelled before the expiration date thereof, the issuing com- pany will endeavor to mail - days written notice to the below named certificate holder, but failure to mail such notice shall impose no obligation or liability of any kind upon the company. NAME AND ADDRESS OF CERTIFICATE HOLDER: City of Iowa City Civic Center Iowa City, Iowa 52240 V�i DATE 1. COMPANY POLICY Limits of Llabilit IO Tf10U5aO 5( LETTER TYPE OF POLICY NUMBER EXPIRATION DATE EACH AGGREGATE OCCURRENCE GENERAL LIABILITY BODILY INJURY b $ ❑ COMPREHENSIVE FORM {{ ❑PREMISES—OPERATIONS PROPERTY DAMAGE $ $ ❑ EXPLOSION AND COLLAPSE 1. HAZARD ❑ UNDERGROUND HAZARD { ❑ PRODUCTS/COMPLCTED l OPERATIONS HAZARD BODILYINJURYAND ❑ CONTRACTUAL INSURANCE PROPERTY DAMAGE $ $ ❑ BROAD FORM PROPERTY COMBINED DAMAGE ❑ INDEPENDENT CONTRACTORS f PERSONAL INJURY $ Y ❑ PERSONAL INJURY AUTOMOBILE LIABILITY BODILYINJunv 1 ® (EACH PERSON) s9DD COMPREHENSIVE FORM CA 16206 5/01/81 BODILY INJURY S 500 i ®OWNED (EACH ACCIDENT) A ® HIRED PROPERTY DAMAGE S100 ® NON -OWNED BODILY INJURY AND S PROPERTY DAMAGE COMBINED EXCESS LIABILITY ❑ UMBRELLA FORM BODILY INJURY AND ❑ OTHER T HAN UMBRELLA PROPERTY DAMAGE S $ COMBINED FORM WORKERS' COMPENSATION spruroav and - , EMPLOYERS' LIABILITY $ rt.c,,.ccio�nrl OTHER DESCRIPTION OF OPERATIONS/LOCATIONSAIEHICLES Iowa City CBD Streetscape improvement project phase 2190 Cancellation: Should any of the above descrihad policies be cancelled before the expiration date thereof, the issuing com- pany will endeavor to mail _ days written notice to the below named certificate holder, but failure to mail such notice shall impose no obligation or liability of any kind upon the company.. NAME AND ADDRESS OF CERTIFICATE HOLDER October -14, 1980 City of Iowa City DATE ISSUED: City Hall I 1 Iowa City, Iowa 52240 �(J AUTHORIZED REPRESENTATIVE ACORD 25 (1.79) // P(✓ Memorandum of Agreement Iowa City, Iowa October 7 , 1980 The City Council of Iowa City, Iowa, met in regular session on the 7th day of October , 1980, at o'clock, P.m., at the Civic Center, City Hall , in Iowa City, Iowa. The meeting was called to order and there were present Sohn R. Balmer Mayor, in the chair, and the following named Council Members: Lch, Neuhauser, Perret, Roberts, Vevera Absent: Erdahl Matters were discussed relative to the financing of a project pursuant to Chapter 419 of the Iowa Code. Whereupon, Council Member Neuhauser introduced a resolution entitled "A Resolution authorizing the execution of a Memorandum of Agreement with Stephens of Iowa City, Inc." and moved its adoption; seconded by Council Member LynchAfter due consideration of said resolution by the Council, the Mayor put the question on the motion and the roll being called, the Lollowing named Council Members voted: Ayes: Neuhauser, Roberts, Balmer, Lynch Nays: Perret, Vevera Whereupon, the Mayor declared said resolution duly adopted and approval was signed thereto. Upon motion and vote, the meeting adjourned. Attest: City Clerk (Seal) -1- I,/ 0'e,4 RESOLUTION 80-455 A Resolution authorizing the execution of a Memorandum of Agreement with Stephens of Iowa City, Inc. WHEREAS, the City of Iowa City, Iowa, in the County of Johnson, State of Iowa (the "Issuer") is an incorporated municipality authorized and empowered by the provisions of Chapter 419 of the Code of Iowa, 1979, as amended (the "Act") to issue revenue bonds for the purpose of financing the cost of acquiring, by construction or purchase, land, buildings, improvements and equipment, or any interest therein, suitable for the use of commercial enterprises which the City Council of the Issuer as the governing body, finds is consistent with an urban renewal plan, adopted by the Issuer pursuant to Chapter 403 of the Code of Iowa; and WHEREAS, the Issuer has adopted an Urban Renewal Plan, Project No. Iowa R-14 (the "Urban Renewal Plan") for the Urban Renewal Area designated therein (the "Urban Renewal Area") and in furtherance of its efforts to carry out the Urban Renewal Plan the Issuer proposes to issue its revenue bonds pursuant to the Act for the purpose of financing certain improvements and equipment (the "Project") suitable for the use by Stephens of Iowa City, Inc. (the "Company") in its commercial enterprise, located within the Urban Renewal Area; and WHEREAS, a Memorandum of Agreement in the form and with the contents set forth in Exhibit A attached hereto, has been presented to the Issuer under the terms of which the Issuer agrees, subject to the provisions of such Agreement, to pursue proceedings necessary under the Act to issue its revenue bonds for such purpose; NOW, THEREFORE, BE IT RESOLVED by the City Council of the Issuer, as follows: Section 1. The Memorandum of Agreement in the form and with the contents set forth in Exhibit A attached hereto be and the same is hereby approved and the Mayor is hereby authorized to execute said Memorandum of Agreement and the Clerk is hereby authorized to attest the same and to affix the seal of the Issuer thereto, said Memorandum of. Agreement which constitutes and is hereby made a part of this Resolution to be in substantially the form, text and containing the provisions set forth in Exhibit A attached hereto. Section 2. Officials of the Issuer are hereby authorized to take such further action as may be necessary to carry out the intent and purpose of the Memorandum of Agreement. -2- ii eAs Section 3. That all resolutions and parts thereof in conflict herewith are hereby repealed to the extent of such conflict. Passed and approved this 7th day of October 1980. Mayor Attest: i City Clerk -3- (Seal) // 54�0 EXHIBIT A MEMORANDUM OF AGREEMENT THIS MEMORANDUM OF AGREEMENT is between the City of Iowa City, Iowa, (the "Issuer") and Stephens of Iowa City, Inc. (the "Company"). 1. Preliminary Statement. Among the matters of mutual inducement which have resulted in te execution of this Agreement are the following: (a) The Issuer is authorized by Chapter 419 of the Code of Iowa, 1979, as amended (the "Act") to issue revenue bonds for the purpose of financing the cost of acquiring, by construction or purchase, land, buildings, improvements and equipment, or any interest therein, suitable for the use of commercial enterprises which the City Council of the Issuer as the governing body, finds is consistent with an urban renewal plan, adopted by the Issuer pursuant to Chapter 403 of the Code of Iowa. (b) The Issuer has adopted an Urban Renewal Plan, Project No. Iowa R-14 (the "Urban Renewal Plan") for the Urban Renewal Area designated therein (the "Urban Renewal Area") and in furtherance of its efforts to carry out the Urban Renewal Plan the Issuer proposes to issue its revenue bonds pursuant to the Act Cor the purpose of financing certain improvements and equipment (the "Project") suitable for the use by Stephens of Iowa City, Inc. (the "Company") in its commercial enterprise, located within the Urban Renewal Area. (c) The Company wishes to obtain satisfactory assurance from the Issuer that subject to the public hearing required by the Act and upon reaching mutually acceptable terms regarding such bonds, such honLls will be issued by the Issuer in an aggregate principal amount not to exceed $100,000 sufficient to finance all or a portion of the costs of the Project. (d) The Issuer considers that the undertaking of the Project and the financing of the same is consistent with the Urban Renewal Plan and will promote urban renewal, rehabilitation and redevelopment of the Issuer, and will enhance the tax base of the Issuer, increase commerce within the Issuer and add to the welfare and prosperity of the Issuer and its citizens. 2. Undertakings on the Part of the Issuer. (a) The Issuer will begin the proceedings necessary to, authorize the issuance of such bonds, in an aggregate principal amount not to exceed $100,000. (b) Subject to due compliance with all requirements of law, including the provisions of and the public hearing required by the Act and upon reaching mutually acceptable terms regarding such bonds, it will cooperate with the Company, in the issuance and sale of such bonds, and the proceeds from the issuance of such bonds shall be loaned to the Company upon terms sufficient to pay the principal of and interest and redemption premium, if any, on such bonds, as and when the same shall become due. -4- 11 !7 3. Undertakings on the Part of the Company. (a) It wi use all reasonable effor to cooperate with the Issuer and comply with the Act and all other provisions of law relating to the Project and the issuance and sale of such bonds. (b) It will enter into a Loan Agreement with the Issuer under the terms of which the Company will obligate itself to pay to the Issuer sums sufficient to pay the principal of and interest and redemption premium, if any, on such bonds as and when the same shall become due and payable. 4. General Provisions. (a) All commitments on the part of the Issuer and the Company herein are subject to the condition that on or before one year from the date hereof (or such other date as shall be mutually agreed to) the Issuer and the Company shall have agreed to mutually acceptable terms relating.to the issuance and sale of such bonds. (b) Whether or not the events set forth in subsection (a) of this Section 4 take place within the time specified herein or any extension thereof, the Company agrees that it will reimburse the Issuer for all reasonable and necessary costs which the Issuer may incur arising from the execution of this Memorandum of Agreement and the performance or the preparation to perform its obligations hereunder, or done at the request of the Company. (c) All commitments of the Issuer hereunder are further subject to the conditions that the Issuer shall in no event incur any liability for any act or omission hereunder, and that such bonds described herein shall not constitute an indebtedness of the Issuer within the meaning of any constitutional or statutory provision and shall not constitute nor give rise to a pecuniary liability of the Issuer or a charge against its general credit or taxing powers. Dated this 8th day of October 1980. Iowa City, Iowa .� �•/Mayor Attest: _ Clerk (Seal) St.epVep s of Iowa, q y, Inc. (Seal) // ff State of Iowa County of Johnson SS: City of Iowa City I, the undersigned, do hereby certify that I am the duly appointed, qualified and acting City Clerk of the aforementioned City and that as such I have in my possession or have access to the complete official records of said City and of its Council and officers; and that I have carefully compared the transcript hereto attached with the aforesaid official records and that said transcript hereto attached is a true, correct and complete copy of all of the official records showing the action taken by the City Council of said City to authorize the execution of a Memorandum of Agreement by and between Stephens of Iowa City, Inc. and said City. WITNESS my hand and the seal of said City hereto affixed this 8th day of October 1980. �1 City Clerk (Seal) aZ- // 5f Proceedings Fixing Date for Hearing Iowa City, Iowa October 7 , 1980 The City Council of Iowa City, Iowa, met in regular session on the 7th day of October_ 1980, at 7:30 o'clock, P m., at the Civic Center, City Hall , in Iowa City, Iowa. The meeting was called to order and there were present John R. Balmer Mayor, in the chair, and the following named Council Members: Lynch, Neuhauser, Perret, Roberts, Vevera Absent: Erdahl Matters were discussed concerning the issuance of Industrial Development Revenue Bonds. Whereupon, Council Member Neuhauser introduced a resolution entitled: "Resolution fixing a date for hearing on proposed Industrial Development Revenue Bonds (Stephens Project)", and moved its adoption, seconded by Council Member Roberts After due consideration of the said resolution by the Council, the Mayor put the question upon the motion and the roll being called, the following named Council Members voted: Ayes: Vevera, Balmer, Lynch, Neuhauser, Roberts Nays: Absent: Erdahl Whereupon, the Mayor declared the said resolution duly adopted and approval was signed thereto. On motion and vote, the meeting adjourned. Attest: City Clerk (Seal) -I- RESOLUTION 80-456 Resolution fixing a date for hearing on proposed Industrial Development Revenue Bonds (Stephens Project) WHEREAS, the City of Iowa City, in the County of Johnson, State of Iowa (the "Issuer"), is an incorporated municipality authorized and empowered by the provisions of Chapter 419 of the Code of Iowa, 1979, as amended (the "Act") to issue revenue bonds for the purpose of financing the cost of acquiring, by construction or purchase, land, buildings, improvements and equipment or any interest therein, suitable for the use of commercial enterprises which the City Council of the Issuer as the governing body, finds is consistent with an urban renewal plan, adopted by the Issuer pursuant to Chapter 403 of the Code of Iowa; and WHEREAS, the Issuer has adopted an Urban Renewal Plan, Project No. Iowa R-14 (the "Urban Renewal Plan") for the Urban Renewal Area designated therein (the "Urban Renewal Area") and in furtherance of its efforts to carry out the Urban Renewal Plan the Issuer proposes to issue its revenue bonds pursuant to the Act for the purpose of financing certain improvements and equipment (the "Project") suitable for the use by Stephens of Iowa City, Inc. (the "Company"), an Iowa corporation, in its commercial enterprise, located within the Urban Renewal Area; and WHEREAS, it is proposed to finance all or a portion of the cost- of the Project through the issuance of Industrial Development Revenue Bonds (Stephens Project) of the Issuer in an aggregate principal amount not to exceed $100,000 (the "Bonds") and to loan said amount to the Company under a Loan Agreement between the Issuer. and the Company and upon mutually acceptable terms, the obligation of which will be su(fieient to pay the principal of and redemption premium, if any, incl inlerust on Lhe Bonds as and when the same shall be clue and payable; and WHEREAS, the Issuer. considers that the undertaking of the Project an -1 the financing of the same is consistent- with the Urban Renewal Plan and will promote urban renewal, rehabilitation and redevelopment of the Issuer, and will enhance the tax base of the Issuer, increase commerce within the Issuer and add to the welfare and prosperity of the Issuer. and its citizens. WHEREAS, before the Bonds may be issued, it is necessary to conduct a public hearing on the proposal to issue the Bonds, all as required and provided for by Section 41.9.9 of the Act; N0W, THEREFORE, BE 1T RESOLVED by the City Council of the Issuer, as follows: Section 1. This Council shall meet at the Civic Center, City Hall in Iowa City, Iowa, on the 4th day of November , 1980, at 7;30o'clock, p.m., at which time and place a public hearing shall be held on the proposal to issue the Bonds referred to in the preamble hereof, at which hearing a1.1 local residents who appear shall be given an opportunity to express their views for or against the proposal to issue the Bonds. Section 2. The Clerk is hereby directed to give notice of intention to issue the Bonds, setting forth the amount and purpose thereof, the time when and place where the hearing will be held, by Publication at least once not less than fifteen (15) days prior to the date fixed for the hearing, in Iowa City Press -Citizen I a newspaper published and having a general circulation within the Issuer. The notice shall be in substantially the following form: -3- 1/5o2- NOTICE. OF INTENTION TO ISSUE INDUSTRIAL DEVELOPMENT REVENUE BONDS (Stephens Project) The City Council of the City of Iowa city, Iowa, (the "Issuer.") will meet on the 4th day of NovgTber , 1980, at Civic Center City Hall , in Iowa City, Iowa, at 7;30o'clock, P.m., for the purpose of conducting a public hearing on the proposal to issue_ Industrial Development Revenue Bonds (Stephens Project-) of the Issuer, in an aggregate principal amount not to exceed $100,000 (the "Bonds") pursuant to Chapter 419 of the Code of Iowa, 1979, as amended, and to loan said amount to Stephens of Iowa City, Inc. (the "Company"), an Ionia corporation, for the purpose of defraying all or a portion of the cost, of certain equipment and improvements suitable for the use of its commercial enterprise consisting of a retail facility located within the Urban Renewal Area designated in the Issuer's Urban Renewal Plan, Project No. Iowa R-14. The Bonds, if issued, will be limited obligations and will not constitute general obligations of the Issuer nor will they be payable in any manner by taxation, but the Bonds will be payable solely and only from amounts received by the Issuer under a Loan Agreement between the Issuer. and the Company, the obligation of which will be sufficient to pay the principal of and interest and redemption premium, .if any on the Bonds as and when the same shall become due. At the time and place fixed for said public hearing all local residents who appear will be given an opportunity to express their views for or against the proposal to issue the Bonds, and at the hearing or any adjournment thereof, the Issuer shall adopt a resolution determining whether or not to proceed with the issuance of the Bonds. By order of the City Council, this 7th day of October 1990. City Clerk -4- //SJ Section 3. All resolutions and parts thereof in conflict herewith are hereby repealed to the extent of such conflict. Passed and approved this 7th day of October 1 1980, Attest: ,!I -i/, City Clerk (Seal) i �_ Mayor -5- State of Iowa County of Johnson SS: City of Iowa City I, the undersigned, do hereby certify that I am the duly appointed, qualified and acting City Clerk of the aforementioned City, and that as such I have in my possession or have access to the official records of said City and of its officials and that I have compared the transcript hereto attached with the said official records and that the same constitutes a true and correct and complete copy of such official records showing the action taken by the Council of said City to set a date for a public hearing on the proposal to issue Industrial Development Revenue Bonds, (Stephens Project) in an aggregate principal amount not to exceed $100,000. WITNESS my official signaturE 8th day of October (Seal) and the seal of said City this 1980. i City Clerk -6- /1-s:r (Attach publisher's affidavit of publication of Notice of Intention to Issue Bonds) State of Iowa County of Johnson SS: City of Iowa City I, the undersigned, City Clerk of the aforementioned City, do hereby certify that I caused a notice of which the printed slip annexed to the publisher's affidavit hereto attached, is a true and complete copy, to be published in Iowa City Press -Citizen a legal newspaper, printed wholly in the English language, published in said City of Iowa City, Iowa, and of general circulation in such City as evidenced by the said affidavit. WITNESS my hand and the seal of the aforementioned City hereto affixed this 15th day of October 1980. /r f ��a, /i•i C 4 r City Clerk (Sea].) (PLEASE NOTE: This certificate must be dated as of or subsequent to the actual date of publication of the notice.) -7- 1154 0 RESOLUTION NO. 80-457 RESOLUTION AUTHORIZING EXECUTION OF WATER MAIN EXTENSION AGREEMENTS WITH BRAVERMAN DEVELOPMENT, INC. WHEREAS, the City of Iowa City, Iowa has negotiated agreements with Braverman Development, Inc., copies of said agreements being attached to this Resolution and by this reference made a part hereof, and, WHEREAS, the City Council deems it in the public interest to enter into said agreements for an extension of a water main on South Gilbert Street. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL: 1. That the Mayor and City Clerk are hereby authorized and directed to execute the agreement with Braverman Development, Inc.. 2. That the City Clerk shall furnish copies of said agreements to any citizen requesting same. It was moved by Neuhauser and seconded by Perret the Resolution 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 7th day of Oct. 1980. ��ZR - \ AYOR ATTEST: CITY CLERK IRE, cram N APPR07M BY i"1FEG MUM L$PALRT!=, T 721 �/ /d �O AGREEMENT FOR MAIN EXTENSION THIS AGREEMENT made this U day of ✓nM'w , 19 Y'o , by and between the City of Iowa City (hereinafter referred to as CITY) and Braverman Development, Inc. of Iowa City, Iowa, (hereinafter referred to as "USER"). WHEREAS, the City of Iowa City is a municipal corporation authorized to act pursuant to the laws of the State of Iowa; and WHEREAS, the undersigned, being owners of the following described real estate located within the City limits of the City of Iowa City, Johnson County, Iowa, to -wit: That property lying east of and adjacent to the east R.O.W. line of realigned South Gilbert Street and extending from Station 31+67 to Station 41+57.4, Station 42+85 to Station 43+34.5, and Station 44+27.8 to 47+90, as shown on the South Gilbert Street construction plans. Length being 1402.1 feet. and WHEREAS, said User wishes to have a water main installed in front of the above-described property; and WHEREAS, the User and the City agree and understand that they do not wish to avail themselves to the rights and remedies as provided by Chapter 384, of the Code of Iowa, 1979, as to the installation of said water main. NOW, THEREFORE, IT IS HEREBY AGREED AND UNDERSTOOD THAT the City will install the water main at its own cost in front of the property owned by the User. Said mains and appurtenances are further described as follows: 12" D.I.P. with appropriate valves and hydrants to be located on the east side of Gilbert Street. In consideration for the City's installation of said water main and appurtenances, the User agrees to pay one-half (h) the fee as established 19D6 2 in Resolution 80-202 for size required for development per lineal foot at such time the User or subsequent owners of the land tap on to the water main. Said Resolution is hereby attached to this agreement. Further, it is understood that the owner, its assigns or successors and interests, agree to waive any rights or remedies afforded to it by the provisions of Chapter 384 of the Code of Iowa, 1979, and more specifically the cost of such improvements need not meet the requirements of notice, benefit or value as provided by the law of the State of Iowa for assessing such improvements. Further, in consideration for the City constructing said main and appurtenances, the owner agrees as a covenant running with the land that this agreementshall be binding on the owner, its assigns or successors and interests, purchasers of said property and all subsequent owners of the land described in this agreement. In addition, the User, its successors and assigns, will be responsible for the cost of service taps and all rehabilitation of such materials necessary to make a service tap. Dated this day of Johnson County, Iowa. OWNER : BY Presideit Secre a 19W , at Iowa City, Sworn and subscribed to before me this 2-6 day of RRN-.' °° FRANK C. SLADEK MY MMISSION EXPi ES '30- 1400 3 My commission expires CITY OF IOWA CITY MAYOR ATTEST: CITY CLERK 19 STATE OF IOWA ) •1rs� COUNTY OF JOHNSON ) _- --_ On this 6(d of �utsZ'GfJ in the year%_Zfd, before me, a notary public in and for said county of state of residing ein, duly commissioned and s orn, personally appeared Xx� known to me to the be the mayor, and known to me to be the city clerk of the city of the corporation that executed the within i strument, Ad acknowledged to me that such corporation executed the same. In witness whereof, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Natoy Public in and for r� County, State of /Q n -n 1 P•ESOLUIION NO. 80-202 A RLSOLUT ION ADOPIING A NEW SCHEDULE OF FEES FOR WATER MAIN ZAPS, WATER MAIN INS1A1_IATION AND SERVICE CHARGES FOR ROUT INF WAILR SI RVICC PROCFDORLS. WHEREAS, Section 33-169 of the Code of Ordinances of Iowa City authorizes the Director of Public Works to establish written uniform fees and charges for various services, and WHEREAS, such fees and charges shall be adopted by resolution, and WHEREAS, the cost of materials and labor has increased, $9.45 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF CITY OF IOWA CITY, IOWA, as follows: per linear foot 10" 1. The following tap fees are hereby established: linear foot Size Tap Corps Curbs Boxes Total 3/4" $11 $9 $16.20 $19.25 $55.45 1" $12.90 $14.10 $27.20 $19.25 $73.45 1'," $17 $25.20 $46 $27.50 $115.70 All $19.95 $37.85 $59.95 $27.50 $145.25 2" $22.95 $59.95 $88.00 $27.50 $198.40 and 2" will require saddles which are to be charged at the City's purchase price cost. 2. The following charges for connection fees and installation fees for the Iowa City water distribution system are hereby established: Size Cost 6" $9.45 per linear foot 8" $12.25 per linear foot 10" $15.55 per linear foot 12" $19.35 per linear foot 16" $25.60 per linear foot 190 ko 2 3. The following service fees for the Iowa City water system are hereby established: After Normal During Normal Service Working Hours Working Hours a) Install water meter; $15 ($25 deposit) $8 ($25 deposit) deposit collected at time meters installed b) Check leaky meters and No charge No charge leaky connections to water meter c) Frozen meters $20 + cost to $8 + cost to repair meter repair meter d) Shut off water service at n $20 + hourly No charge curb, check out leaks rate for time over 2 hours e) Turn on water after water $20 $8 has bgen shut off for non- payment of bill f) Repair broken fire hydrants $20 $8 g) Miscellaneous services for $20 + hourly No charge other government agencies rate for time over 2 hours h) Location of water mains No charge No charge for other utilities i) Loation of water mains $20 + hourly No charge for private enterprise rate for time over 2 hours j) Meter accuracy check at Not done after $20 customer's request hours Be it further resolved that this resolution shall be in full force and effect on the 'date of 3rd of June , 1980, and that all resolutions in conflict are hereby repealed. /A__ 0 3 +' It was moved by Vevera and seconded by Roberts the Resolution.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 3rd day of June 1980. 4A'YOZR. d ATTEST: n TY CLERK AGREEMENT FOR MAIN EXTENSION THIS AGREEMENT made this � day of , 19 by and between the City of Iowa City (hereinafter referred to as CITY) and Braverman Development, Inc. of Iowa City, Iowa, (hereinafter referred to as "USER"). WHEREAS, the City of Iowa City is a municipal corporation authorized to act pursuant to the laws of the State of Iowa; and d WHEREAS, the undersigned, being owners of the following described real estate located within the City limits of the City of Iowa City, Johnson County, Iowa, to -wit: That property lying west of and adjacent to the west R.O.W. line of realigned South Gilbert Street and extending from Station 41+26 to Station 42+75.8 and Station 43+60 to Station 48+10.9, as shown on the South Gilbert Street construction plans. Length being 599.7 feet and WHEREAS, said User wishes to have a water main installed in front of the above-described property; and WHEREAS, the User and the City agree and understand that they do not wish to avail themselves to the rights and remedies as provided by Chapter 384, of the Code of Iowa, 1979, as to the installation of said water main. NOW, THEREFORE, IT IS HEREBY AGREED AND UNDERSTOOD THAT the City will install the water main at its own cost in front of the property owned by the User. Said mains and appurtenances are further described as follows: 12" D.I.P. with appropriate valves and hydrants to be located on the east side of Gilbert Street. In consideration for the City's installation of said water main and appurtenances, the User agrees to pay one-half (h) the fee as established n 2 in Resolution 80-202 for size required for development per lineal foot at such time the User or subsequent owners of the land tap'on to the water main. Said Resolution is hereby attached to this agreement. Further, it is understood that the owner, its assigns or successors and interests, agree to waive any rights or remedies afforded to it by the provisions of Chapter 384 of the Code of Iowa, 1979, and more specifically the cost of such improvements need not meet the requirements of notice, benefit or value as provided by the law of the State of Iowa for assessing such improvements. Further, in consideration for the City constructing said main and appurtenances, the owner agrees as a covenant running with the land that this agreementshall be binding on the owner, its assigns or successors and interests, purchasers of said property and all subsequent owners of the land described in this agreement. In addition, the User, its successors and assigns, will be responsible for the cost of service taps and all rehabilitation of such materials necessary to make a service tap. Dated this 2_(9 day of , Johnson County, Iowa. CPD M 19 '�O, at Iowa City, Y Sworn and subscribed to before me this .9 -26 --day ofkAkk&-,C-1 19S)�). 4 FNRNK D, EV1D,, lar M! $�� Notary Public in and for Johnson Cou ty, Iowa 3 My commission expires CITY OF IOWA CITY WA /�LFAVIOJM ATTEST: &L- J"e�� CITY CLERK STATE OF IOWA COUNTY OF JOHNSON On this n ihstrument, same. SS: 19 AMM MY 0 MTROM :,T'^u521 1,2j1hr�CNm ! of in the year�%RO, before me, sem/ a notary publi in and for said county of state of residing commissioned and sworn, personally appeared i/ known to me to the be the mayor, and known to me to be the city clerk of the city of the corporation that executed the within cnowledged to me that such corporation executed the In witness whereof, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Not ry Public in and for County, State of //G 0 RESOLUTION NO. 80-202 A RLSOLUTION ADOPIING A NEW SCHEDULE OF FEES FOR WATER MAIN ]APS, WATER MAIN INSIALLATION AND SERVICE CHARGES FOR ROUTINE WAIER SERVICE PROCEDURES. WHEREAS, Section 33-169 of the Code of Ordinances of Iowa City authorizes the Director of Public Works to establish written uniform fees and charges for various services, and WHEREAS, such fees and charges shall be adopted by resolution, and WHEREAS, the cost of materials and labor has increased, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF CITY OF IOWA CITY, IOWA, as follows: 1. The following tap fees are hereby established: Size Tap Corps euros DUAU� 6" 3/4" $11 $9 $16.20 $19.25 $55.45 1" $12.90 $14.10 $27.20 $19.25 $73.45 11:11 $17 $25.20 $46 $27.50 $115.70 All $19.95 $37.85 $59.95 $27.50 $145.25 211 $22.95 $59.95 $88.00 $27.50 $198.40 I%", 1h" and 2" will require saddles which are to be charged at the City's purchase price cost. 2. The following charges for connection fees and installation fees for the Iowa City water distribution system are hereby established: Size Cost 6" $9.45 per linear foot 81, $12.25 per linear foot 10" $15.55 per linear foot 12„ $19.35 per linear foot 16" $25.60 per linear foot 2 3. The following service fees .for the Iowa City water system are hereby established: After Normal During Normal Service Working Hours Working Hours a) Install water meter; $15 ($25 deposit) $8 ($25 deposit) deposit collected at time meters installed b) Check leaky meters and No charge No charge leaky connections to water meter c) Frozen meters $20 + cost to $8 + cost to repair meter repair meter d) Shut off water service at d $20 + hourly No charge curb, check out leaks rate for time i over 2 hours e) Turn on water after water $20 $8 has been shut off for non- payment of bill f) Repair broken fire hydrants $20 $8 g) Miscellaneous services for $20 + hourly No charge other government agencies rate for time over 2 hours h) Location of water mains No charge No charge for other utilities i) Loation of water mains $20 + hourly No charge for private enterprise rate for time over 2 hours j) Meter accuracy check at Not done after $20 customer's request hours Be it further resolved that this resolution shall be in full force and effect on the date of 3rd of June 1980, and that all resolutions in conflict are hereby repealed. 0 3 It .was moved by Vevera and seconded by Roberts the Resolution.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 rd day of June , 1980. —4AOR ATTES1 �s CITY CLERK I I RESOLUTION NO. 80-458 RESOLUTION AUTHORIZING EXECUTION OF WATER MAIN EXTENSION AGREEMENTS WITH PAUL JR. AND MARY KENNEDY. WHEREAS, the City of Iowa City, Iowa has negotiated agreements with Paul Jr. and Mary Kennedy, copies of said agreements being attached to this Resolution and by this reference made a part hereof, and, WHEREAS, the City Council deems it in the public interest to enter into said agreements for an extension of a water main on South Gilbert Street. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL: 1. That the Mayor and City Clerk are hereby authorized and directed to execute the agreement with Paul Jr. and Mary Kennedy. 2. That the City Clerk shall furnish copies of said agreements to any citizen requesting same. It was moved by Lynch and seconded by Perret the Resolution 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 7th day of Oct. 1980. \J h�YO R ATTEST: CITY CLERK RECEIVED f, APP%J,` EI THE LEGAL, DE `�1 •+L^^R /Q a moi/ AGREEMENT FOR MAIN EXTENSION THIS AGREEMENT made this _L day of m R:1- , 19-Q by and between the City of Iowa City (hereinafter referred to as CITY) and Paul M. Jr. and Mary Frances Kennedy of Iowa City, Iowa, (hereinafter referred to as "USER"). WHEREAS, the City of Iowa City is a municipal corporation authorized to act pursuant to the laws of the State of Iowa; and d WHEREAS, the undersigned, being owners of the following described real estate located within the City limits of the City of Iowa City, Johnson County, Iowa, to -wit: That property lying east of and adjacent to the east R.O.W. line of realigned South Gilbert Street and extending from Station 48+00 to Station 58+96.7, as shown on the South Gilbert Street construction plans. Length being 1096.7 feet. and WHEREAS, said User wishes to have a water main installed in front of the above-described property; and WHEREAS, the User and the City agree and understand that they do not wish to avail themselves to the rights and remedies as provided by Chapter 384, of the Code of Iowa, 1979, as to the installation of said water main. NOW, THEREFORE, IT IS HEREBY AGREED AND UNDERSTOOD THAT the City will install the water main at its own cost in front of the property ownedby the User. Said mains and appurtenances are further described as follows: 12" D.I.P. with appropriate valves and hydrants to be located on the east side of Gilbert Street. In consideration for the City's installation of said water main and appurtenances, the User agrees to pay one-half ('k) the fee as established in Resolution 80-202 for size required for development per lineal foot at //GS� K such time the User or subsequent owners of the land tap on to the water main. Said Resolution is hereby attached to this agreement. Further, it is understood that the owner, its assigns or successors and interests, agree to waive any rights or remedies afforded to it by the provisions of Chapter 384 of the Code of Iowa, 1979, and more specifically the cost of such improvements need not meet the requirements of notice, benefit or value as provided by the law of the State of Iowa for assessing such improvements. d Further, in consideration for the City constructing said main and appurtenances, the owner agrees as a covenant running with the land that this agreementshall be binding on the owner, its assigns or successors and interests, purchasers of said property and all subsequent owners of the land described in this agreement. In addition, the User, its successors and assigns, will be responsible for the cost of service taps and all rehabilitation of such materials necessary to make a service tap. Dated this L day of 6) R1 , 19 O q at Iowa City, Johnson County, Iowa. OWNER By: FcaljOIL Paul M. Kennedy Jr. /%1-2u4 ";t' �1� Spouse Mary Frances Ke nedy 7 Sworn and subscribed to before me this —f— day of 0c� ,4 v ✓ 19 S<). Notary Public in and for Johnson County, Iowa My commission expires / ' ,?c7 , 19 tGf. //� 3 CITY OF IOWA CITY ATTEST: a6L JX4L CITY CLERK STATE OF IOWA ) ) SS: COUNTY OF JOHNSON ) On this da of in the year before me, a notary public in and for said county of state ofjzt/ residing rein duly commissioned and sworn, personally appeared known to me to the be the mayor, and known to me to be the city clerk of the city of , the corporation that executed the within instrument, nd acknowledged to me that such corporation executed the same. In witness whereof, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. . m�itd7cct/ N.Ary Public in and for County, State of %L'ctEi UT_Ti:i%'n9: 7—�o RESOLUTION NO. 80-202 A RLSOLUTION ADOPIING A NEW SCHEDULE OF FEES FOR WATER MAIN TAPS, WATER MAIN INSTALLATION AND SERVICE CHARGES FOR ROUTINE WATER SERVICE PROCEDURES. WHEREAS, Section 33-169 of the Code of Ordinances of Iowa City authorizes the Director of Public Works to establish written uniform fees and charges for various services, and WHEREAS, such fees and charges shall be adopted by resolution, and WHEREAS, the cost of materials and labor has increased, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF CITY OF IOWA CITY, IOWA, as follows: a 1 1. The following tap fees are hereby established: Size Tap Corps Curbs Boxes Total 3/4" $11 $9 $16-20 $19.25 $55.45 1" $12.90 $14.10 $27.20 $19.25 $73.45 14" $17 $25.20 $46 $27.50- $115.70 All $19.95 $37.85 $59.95 $27.50 $145.25 2" $22.95 $59.95 $88.00 $27.50 $198.40 1%', V? and 2" will require saddles which are to be charged at the City's purchase price cost. 2. The following charges for connection fees and installation fees for the Iowa City water distribution system are hereby established: Size Cost 6" $9.45 per linear foot 8" $12.25 per linear foot 10" $15.55 per linear foot 12" $19.35 per linear foot 16" $25.60 per linear foot N 3. The following service fees for the Iowa City water system are hereby established: After Normal During Normal Service Working Hours Working Hours a) Install water meter; $15 ($25 deposit) $8 ($25 deposit) deposit collected at time meters installed b) Check leaky meters and No charge No charge leaky connections to water meter c) Frozen meters $20 + cost to $8 + cost to repair meter repair meter d) Shut off water service at $20 + hourly No charge curb, check out leaks rate for time over 2 hours e) Turn on water after water $20 $8 has been shut off for non- payment of bill f) Repair broken fire hydrants $20 $8 g) Miscellaneous services for $20 + hourly No charge other government agencies rate for time over 2 hours h) Location of water mains No charge No charge for other utilities i) Loation of water mains $20 + hourly No charge for private enterprise rate for time over 2 hours d j) Meter accuracy check at Not done after $20 customer's request a hours Be it further resolved that this resolution shall be in full force and effect on the date of 3rd of June , 1980, and that all resolutions in conflict are hereby repealed. #6f 3 It was moved by Vevera and seconded by Roberts the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer a Erdahl x Lynch _ X Neuhauser x Perret x Roberts x Vevera Passed and approved this 3rd day of June , 1980. d� .MAYOR ATTEST: &Z C-ITY CLERK U AGREEMENT FOR MAIN EXTENS THIS AGREEMENT made this J_ day of eX - 19 �(�, by and between the City of Iowa City (hereinafter referred to as CITY) and Paul M. Jr. and Mary Frances Kennedy of Iowa City, Iowa, (hereinafter referred to as "USER"). WHEREAS, the City of Iowa City is a municipal corporation authorized to act pursuant to the laws of the State of Iowa; and a WHEREAS, the undersigned, being owners of the following described real estate located within the City limits of the City of Iowa City, Johnson County, Iowa, t�o-wit: That property lying west of and adjacent to the west R.O.W. line of realigned South Gilbert Street and extending from Station 48+10.9 to Station 59+07.1, as shown on the South Gilbert Street construction plans. Length being 1096.2 feet.. and WHEREAS, said User wishes to have a water main installed in front of the above-described property; and WHEREAS, the User and the City agree and understand that they do not wish to avail themselves to the rights and remedies as provided by Chapter 384, of the Code of Iowa, 1979, as to the installation of said water main. NOW, THEREFORE, IT IS HEREBY AGREED AND UNDERSTOOD THAT the City will install the water main at its own cost in front of the property owned=by the User. Said mains and appurtenances are further described as follows: 12" D.I.P. with appropriate valves and hydrants to be located on the east side of Gilbert Street. In consideration for the City's installation of said water main and appurtenances, the User agrees to pay one-half (k) the fee as established in Resolution 80-202 for size required for development per lineal foot at 1701 1 2 such time the User or subsequent owners of the land tap on to the water main. Said Resolution is hereby attached to this agreement. Further, it is understood that the owner, its assigns or successors and interests, agree to waive any rights or remedies afforded to it by the provisions of Chapter 384 of the Code of Iowa, 1979, and more specifically the cost of such improvements need not meet the requirements of notice, benefit or value as provided by the law of the State of Iowa for assessing such improvements. Further, in consideration for the City constructing said main and appurtenances, the owner agrees as a covenant running with the land that this agreementshall be binding on the owner, its assigns or successors and r-nterests, purchasers of said property and all subsequent owners of the land described in this agreement. In addition, the User, its successors and assigns, will be responsible for the cost of service taps and all rehabilitation of such materials necessary to make a service tap. Dated this day of 19 � � at Iowa City, Johnson County, Iowa. OWNER n 6 Paul M. Kennedy Jr. Spouse Vary Frances Ke nedy Sworn and subscribed to before me this day of Notary Public in and for Johnson County, Iowa My commission expires , se , 19 QS. 1901 L ' 3 CITY OF IOWA CITY f A Y 0 R� ATTEST: 04 a- y -� ) CITY CLERK STATE OF IOWA ) SS: COUNTY OF JOHNSON ) / On this 8 � day of ��GtJ in the year �, before me, �� a notary public in and for said county of state ofresiding rein, du y commissioned and sworn, personally appeared 2Qrsr1!/ known to me to the be the mayor, and known to me to be the city clerk of the city of the corporation that executed the within T strument, nd acknowledged to me that such corporation executed the same. In witness whereof, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. G'ha�a-sts% '7i ota y Public in and for County, State of MCI RESOLUTION NO. 80-202 A RLSOLUT ION ADOPIING A NEW SCHEDULE OF FEES FOR WATER MAIN TAPS, WATER MAIN INSIALI.ATION AND SERVICE CHARGES FOR ROUIINF WA1LR SLRVICE PROCEDURLS. WHEREAS, Section 33-169 of the Code of Ordinances of Iowa City authorizes the Director of Public Works to establish written uniform fees and charges for various services, and WHEREAS, such fees and charges shall be adopted by resolution, and $9.45 WHEREAS, the cost of materials and labor has increased, foot NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF CITY OF 10WA CITY, IOWA, as follows: foot 10" $15.55 1. The following tap fees are hereby established: linear foot Size Tap Corps Curbs Boxes Total 3/4" $11 $9 $16.20 $19.25 $55.45 1" $12.90 $14.10 $27.20 $19.25 $73.45 1;" $17 $25.20 $46 $27.50 $115.70 All $19.95 $37.85 $59.95 $27.50 $145.25 2" $22.95 $59.95 $88.00 $27.50 $198.40 i 1;", A" and 2" will require saddles which are to be charged at the City's purchase price cost. 2. The following charges for connection fees and installation fees for the Iowa City water distribution system are hereby established: Size Cost 6" $9.45 per linear foot 8" $12.25 per linear foot 10" $15.55 per linear foot 12" $19.35 per linear foot 16" $25.60 per linear foot 2 3. The following service fees for the Iowa City water system are hereby established: After Normal During Normal Service Working Hours Working Hours a) Install water meter; $15 ($25 deposit) $8 ($25 deposit) deposit collected at time meters installed b) Check leaky meters and No charge No charge leaky connections to water meter c) Frozen meters $20 + cost to $8 + cost to repair meter repair meter d) Shut off water service at 4 $20 + hourly No charge curb, check out leaks rate for time over 2 hours e) Turn on water after water $20 $8 has b.Qen shut off for non- payment of bill f) Repair broken fire hydrants $20 $8 g) Miscellaneous services for $20 + hourly No charge other government agencies rate for time over 2 hours h) Location of water mains No charge No charge for other utilities i) Loation of water mains $20 + hourly No charge for private enterprise rate for time over 2 hours j) Meter accuracy check at Not done after $20 customer's request hours Be it further resolved that this resolution shall be in full force and effect on the date of 3rd of June , 1980, and that all resolutions in conflict are hereby repealed. 0 /'1" It was moved by Vevera and seconded by Roberts the Resolution.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 3rd day of June 1980. AYOR ATTEST: CITY CLERK U /90� 3 It was moved by Vevera and seconded by Roberts the Resolution.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 3rd day of June 1980. AYOR ATTEST: CITY CLERK U /90� RESOLUTION NO. 80-459 :tESOLUTION APPROVING CLASS C LIQUOR CONTROL LICENSE APPLTC TTM BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Liquor Control License application is hereby app-- -J7or the following named person or persons at the following described location: Richard J. Bartholomew dba Bart's Place, 826 S. Clinton Said approval shall be subject to any conditions or re- strictions hereafter imposed by ordinance or State law. The City Clerk shall cause a recommendation for approval to he endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond, sketch of the premises and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by Roberts and seconded by yever that the Resolution asre— ad be adopted, and upon roT call there were: AYES: NAYS: ABSENT: Balmer x Lynch x Erdahl x Neuhauser x Perret x Roberts x yevera x Passed and approved this 21st day of octobe z 4 4M yor Attest: City Clerk 1 RESOLUTION NO. 80-460 RESOLUTION ACCEPTING THE WORK FOR THE FY81 LANDFILL EXCAVATION PROJECT WHEREAS, the Engineering Department has recommended that the im- provement covering the FY81 Landfill Excavation Project as included in a contract between the City of Iowa City and Barkers Inc. of Iowa City, Iowa dated March 18, 1980 be accepted, AND WHEREAS, the Council finds the improvement is in place and does comply with'the requirements for such improvements, AND WHEREAS, maintenance bonds have been filed, NOW THEREFORE, BE IT RESOLVED by the City Council of Iowa City, Iowa, that said improvements be hereby accepted by the City of Iowa City, Iowa. It was moved by Roberts and seconded by Vevera that the resolution as read be a opt , and upon roll call there were: AYES: NAYS: ABSENT: Balmer x Erdahl x Lynch x Neuhauser x Perret x Roberts x Vevera x Passed and approved this 21st day of October_ 1980, ATTEST: Clerk D Received & Approved By Th Legal Department G-IS- RESOLUPICN NO. 8 0 - 4 61 • V• • D il• •1 01 •A MAS, the Engineering Department has certified that the following improvements have been oompleted in accordance with plans and specifications of the City of Iowa City, The North Dodge Street Court Sanitary Sewer Extension as constructed by Drake Construction, Inc. of Winterset, Iowa. AND WHEREAS, Maintenance Bonds for $21,226.70 file in the City Clerk's Office, mil NOW THEREFORE BE IT RESOLVED by the City Council of Iowa City, Iowa, that said improvements be accepted by the City of Iowa City. It was moved by Roberts and seconded by Vevera that the Resolution as read be accepts , and upon roll call there were: AYES: NAYS: ABSENT: BALI'M x ERDAHL x LYNCH x NEUHAUSER x PE.RRET x ROBERTS x VEVERA x passed and approved this 21st day of October lg 80 yor ATTEST:Ramlved & Approved City Clerk @y Pe legal Department CITY OF IOWA CITY CIVIC CENTER 410 E. WASHINGTON ST IOWA CITY IOWA 52240 (319) 354.180D ENGINEER'S REPORT October 15, 1980 Honorable Mayor and City Council Iowa City Iowa Dear Honorable Mayor and Councilpersons: 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 City. The required maintenance bond is on file in the City Clerk's office. The North Dodge Street Court Sanitary Sewer Extension as constructed by Drake Construction, Incorporated of Winterset, Iowa. I hereby recommend that the above mentioned improvements be accepted by the City of Iowa City. Respectfully submitted, r Charles J. Schmadeke, P.E. City Engineer bdw3/2 117X RESOLUTION NO. 80-462 RESOLUTION SETTING PUBLIC HEARING ON NOVEMBER 4, 1980, ON PROPOSED AMENDMENTS TO THE FIFTH YEAR HOLD -HARMLESS COMMUNITY DEVELOPMENT BLOCK GRANT BUDGET, AND DIRECTING THE CITY CLERK TO PUBLISH NOTICE OF SAID PUBLIC HEARING. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That a public hearing on the above-named proposal is to be held on the fourth day of November, 1980, at 7:30 P.M. in the Council Chambers, Civic Center, Iowa City, Iowa. 2. That the City Clerk is hereby authorized and directed to publish notice of the public hearing for the above-named proposal in a newspaper published at least once weekly and having a general circulation in the City, not less than ten (10) days before said hearing. 3. That information regarding the above-named proposal shall be placed on file in the office of the City Clerk for public inspection. It was moved by Roberts and seconded by Vevera the Resolution 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 21st day of October, 1980. MAYOR ATTEST: CITY CLERK Received 3 Approved B Th Legal Depawtmenf Ic l6 60 CITY O 10\A/A C CIVIC CENTER 410 E. WASHINGTON ST. IOWA CITY IOWA 52240 (319) 354.180D PUBLIC INFORMATION STATEMENT COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM Prepared: October 21, 1980 Proposed Action: The City of Iowa City proposes to amend the fifth year hold -harmless entitlement Community Development Block Grant (CDBG) budget by allocating funds from contingency to a) the Senior Center renovation project and b) the housing rehabilitation program. The Iowa City Council will consider comments on these amendments at a public hearing to be held Tuesday, November 4, 1980, at 7:30 p.m. in the Civic Center Council Chambers. Background: Since 1975, the City of Iowa City has been the recipient of CDBG funds from the U.S. Department of Housing and Urban Development. Utilizing those funds, allocated to the City over a five year entitlement period, along with program income primarily from the disposition of urban renewal land and other available funds, the City has carried out a comprehensive program to upgrade the Iowa City community, particularly its older residential neighborhoods. Citizen input is required for any major action affecting the CDBG program and budget. Exhibits: Exhibit I is a summary of the proposed budget amendments. Exhibit II is a memorandum regarding reallocation of the hold -harmless contingency. Additional Information: Contact James A. Hencin, CDBG Program Coordinator at 354-1800, Ext. 313. ,11'4 EXHIBIT I FY81 HOLD -HARMLESS CDBG BUDGET: PROPOSED AMENDMENTS Urban Renewal Administration/Disposition 129,449 129,449 CBD Underground Utility Conversion 165,000 165,000 Neighborhood Parks 10,400 10,400 Energy Conservation 10,890 10,890 River Corridor Improvements 58,417 58,417 General Program Admin. 57,340 57,340 Contingency 313,979 99,123 TOTAL: $2,937,047 $2,937,047 Revenue Sources HUD/CDBG Funds $2,687,047 Program Income 250,000 TOTAL: $2,937,047 Note: (1) Represents balance of hold -harmless funds carried forward from FY80. 1177 FUNDS AVAILABLE PROPOSED AMENDMENTS ACTIVITY 7/1/80(1) 10/21/80 Housing Rehabilitation $ 38,596 $ 138,596 Neighborhood Site Improvements 242,027 242,027 Ralston Creek Flood Control 905,057 905,057 Architectural Barrier Removal/Curb Ramps 1,683 1,683 Senior Center 1,004,209 1,119,065 Urban Renewal Administration/Disposition 129,449 129,449 CBD Underground Utility Conversion 165,000 165,000 Neighborhood Parks 10,400 10,400 Energy Conservation 10,890 10,890 River Corridor Improvements 58,417 58,417 General Program Admin. 57,340 57,340 Contingency 313,979 99,123 TOTAL: $2,937,047 $2,937,047 Revenue Sources HUD/CDBG Funds $2,687,047 Program Income 250,000 TOTAL: $2,937,047 Note: (1) Represents balance of hold -harmless funds carried forward from FY80. 1177 City Of Iowa ( :y EXHIBIT II Date: October 20, 1980 To: City Manager and City Council From: J1 Jim Hencin, CDBG Program Coordinator Re: Allocation of Hold -Harmless CDBG Contingency The City Council is being asked to consider two specific allocations from the hold -harmless CDBG contingency, $100,000 for housing rehabilitation (please see separate memo), and $114,856 for the Senior Center. Both allocations would be for projects now underway. In this regard, we thought it would be helpful to advise the Council of the status of the contingency and to consider alternate uses. Presently, the contingency totals $313,979. This results largely from budgeted contingency amounts and project underruns, but a portion also comes from program income such as rehabilitation loan repayments and land sales proceeds. Included in the above total, for example, are approximately $6,000 returned from the Riverfront Improvements Projects and $85,000 from the sale of Parcel 64-1 (the hotel site). $165,000 was previously allocated from the sale of Parcel 64-1 for the CBD underground utility conversion project. The Council should also be aware of other anticipated CDBG revenues (program income) which are not budgeted at this time and thus are not reflected in the $313,979 total. Specifically, $50,000 from the sale of Parcel 82-1b, and $43,046 from the sale of a portion of the Senior Center site to the Ecumenical Housing Corporation are not budgeted at this time. If the Council concurs with staff recommendations to allocate $214,856 for housing rehabilitation and the Senior Center, the resulting balance of $99,123 may be held for other project contingencies, such as the Ralston Creek North Branch Project. Summarized below is the recommended reallocation of the contingency. Housing Rehabilitation $100,000 Senior Center 114,856 Contingency Balance 99,123 Total $313,979 bj1/8 1171 Ld.�! lOq N0. 807463 ^.N;.r?."''1F, P107 "`ve 'Ac, 5, Ir.. , anq nr uee k. 1113yo:. and "lo "nve . ;l;i gi; ..... .. Che ownw, have submitted a Praiimi. .iy P = - I _,n' , d . . _avelc•pment ,.,d Lorgc &Cole )tesiasarla_ elol_• sant. .7;n C, Cei'.a._.n )..l1:GS haraintafoer Cie=Frill?d Ln ['7_.It. •7I11, Co'drt • : v'' on'_:Va L"U 1111.'".lon to :ow- city, !,so. `i f; f:`✓.:�f" _ c $or. ^.q and Ulanniq, coir lesion or low, ci;•y', !-_.F rev' _, ed tha same nn.: rocar':n_hds w o 2p, r wa ! of sa. d c!Inned Area ievel.00ment 3nc .,arge Kali RosldonKal .Lan cuminCert upon tis .. _Jtillt:.a_ G' _ lands Cd J3 51 .. �tA the final pint, Planned ,.ca novc1%)0ianc _qnd,jgr7 :dl 7E:S idc"t'dl Dfi'VE:- ,,prent and "Do <onlil'1 pl a ia.'.il:r , 0mvIssioi] . A'Cdil too grant Lny C.: a (ddlvEt -he S,dei•'a t "'M D31 �. -.�.C. d 1. t!_walk to he ct 1L on ant W. side n nqo ,..ro:iGE.K M IT 1 .T:. nI VEli On, .; t Tv COnNC i L CP :.w.ti =Y, thit the l:rvaliminary Plat, PlAtiraa 'i:03 i?ovalwco Fent and _Atov Scale nesidentla.l Development plin pioouse.i V zkum yr"7t, ..:rPS, 100., ant brace t(.. al•asgo'n' and Qni. n'_- ' . ;lay.ow, on '41 Or'o..efty Con C.al'led in Part VilI Ccort ilii.. "tt. _.!ULe Caja 1'IVl.C1.nn City, '-owa, ant wrich l.`; m-rP alt :1011V -..Sc L".bes n7nminellClnj at the go!1inwwst Cvrnnr i 'ccLion 12, ' own= i1 _p 79 North, PiaP.yo i, kwat of _!., r l -th . r incina7 Variulan; Thenco!00002'19'a, 203.3& fe " � '. t '�rl the EaFL line of the Sc::thcaso ^nartar .,f aa,.,l Zocl :.oil ;"2 to t::.1Ctnt-of-Beginninn. •..KenC_' :�;''{j W, M.ol_ fast go Lie vGri.a lino of nt L1n, ...,.rt. "ill-Lcott 0010.rr iCd1tin-, Part an 3.1.1''Un tCCrit'! r low: fher.ce NQ' 21' 42"W, 1 9.19 on the I( e s ally We ch said Lot 116; _:3rce 439a-741 202..1 i fret on rile _4orr_r. lin.: �f lsaid Lot. 116 to the Last line of OaKt ,ds Addition Part 6 .on addition to Iowa City, Iowa: The:.ce 'n036'40's, 278.29 feet on F �rn, U til ;ct Li'r of rakwvOds Jdi, rt ,'hero 00,1St 1 rrr or S, 23 r: ;.:), s i` -lance .!71A'Go LJ0.roo i ..r `.io ;rrier OV i,it 2 37 "r_., vO ,.. 'AJi tlWn . ..-L. 1�3 " 04fi' ._ 270.20 `e; .. y -i ay lice ut � Oberlin StrF_,:>t ; AencE' �. n Or a 15.00 foot radius cwr'ac _'oncnie =out>aw nucly and whose 2.7.2L foot. chord :;ear; 17V2V40 34i;nro 35.00 fecr. to .he entarl;_ne of .ua-Ir ;t 31ani:5 Rcad; Thence S5103'a'19"E' MAT `c,t OC' -.i'.r_ Cont"vriine of Lower Nest _..,.:Pall Wad to X11 3 cnrt�_-Itnc at ,.`.Ott boaievari, VOL -V is tai Faot line Of An ;.ortn?ast ,)tarter of Sectlov 12, T'ownshi'p 79 \ori._, .ange t, Test; Ynence 3COV'42%, 207.K _lcec or; ti,.,' ,r•r,terline of Scott $;UAVaLd, t" the Southeast ,'Olnr•Y .)t he voitheast Quarter Of sail soction 12• SO -12'19"W, . 35453 Thence_ _ r r-- the : ;_ ;tac,ine.` of SVC .01110 -3rd to the '<cinc-ot'-- iglnr)tna. aiu tract Of i :.a co"Lui.ning 5.310 a rm A hereby; aCpro, e3. ;'I 1'- 1':2^';;}'p _nVS01Vn0, th]t: the _ i l`r i. pin C' o i aya _at•: !an,, s heraby d)La.}.Eq to Ccrtl`4 a -JCC _f :',1_, ?esulutlon tO the ?ecoldor O: aotnl on county, Iona for cl& mn-snsf iecv,rdinq. F0 CT 1 o 1980 CIA, /f f® Page 3 • Resolution No. 80-463 It was moved by Neuhauser and seconded by Roberts that the Resolution as rea e a op e , and upon roll ca t ere were: AYES: NAYS: ABSENT: x BALMER x ERDAHL x LYNCH x NEUHAUSER x PERRET x ROBERTS x VEVERA Passed and approved this 21st day of `��r� a /�IIII f f, October , 1980 . MAYOR RESOLUTION NO. 80-464 RESOLUTION AMENDING THE PROCEDURE FOR APPROVING LIQUOR CONTROL LICENSES AND BEER PERMITS, AND APPROVING REFUNDS OF LICENSE FEES. WHEREAS, the City Council of Iowa City has previously approved the issuance of liquor control licenses and beer permits, as well as any refund of fees from the surrender of such licenses and permits, by formal Resolution; and WHEREAS, Sections 123.32(2) and 123.38 of the Iowa Beer and Liquor Control Act do not require the City Council to approve the issuance of such licenses and permits and the payment of appropriate refund from such licenses by a formal roll call vote; and. WHEREAS, in interests of efficiency it is deemed in the public interest to approve such actions by motion only. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the issuance of all liquor control licenses and beer permits, and the payment of refunds for surrendered licenses and permits, shall appear on the Consent Calendar of the Council's Agenda as a motion to be approved by voice vote. It was moved by Neuhauser and seconded by Perret the Resolution 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 21st day of October, 1980. YOR ATTEST: CITY CLERK Rsceived & Approved By The Legal Department City of Iowa C"y MEMORANDUM Date: October 3, 1980 To: Abbie Stolfus, City Clerk From: Roger Scholten, Assistant City Attorney g� Re: Approval of Beer and Liquor Applications QUESTION PRESENTED Whether it is necessary for the City Council to approve beer and liquor applications by resolution, or whether such applications may be approved by motion? CONCLUSION The City Council has the authority to establish the procedure of approving beer and liquor applications by motion rather than by resolution. DISCUSSION Although Iowa municipalities have been granted home rule authority, exercise of this power must be consistent with state statute. Regarding this question, several code sections are particularly relevant: Section 364.3(1): A city council shall exercise a power only by the passage of a motion, a resolution, an amendment, or an ordinance. Section 364.6: A city shall substantially comply with a procedure established by a state law for exercising a city power. If a procedure is not established by state law, a city may determine its own procedure for exercising the power. Significantly, Section 123.32(2) of the Code does not provide for a specific procedure: The local authority shall either approve or disapprove the issuance of a liquor control license or retail beer permit, and shall endorse such approval or disapproval on the application and forward same along with the required fee and bond to the department. Since the manner of approval is not specified by the state statute nor by the city charter, the City Council is empowered to establish its own procedure. The procedure may provide for license approval by resolution or a motion. It is important to note that the Beer and Liquor Control Department issues the license, not the City. Therefore, a formal recorded vote does not appear necessary, and approval by motion would be sufficient. bdw4/6-7 //'fV RESOLUTION NO. 80-465 A RESOLUTION AUTHORIZING THE CITY MANAGER TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE CITY OF CORALVILLE FOR THE JOINT ACQUISITION OF TRANSIT EQUIPMENT. WHEREAS, Chapter 28E of the 1979 Code of Iowa provides, in substance, that any power which may be exercised by a public agency of this state, may be exercised jointly with another public agency having such power, and WHEREAS, it is in the mutual interest of the parties to jointly procure transit coaches, and WHEREAS, the City of Iowa City, as lead agency, will buy transit coaches and then sell said coaches to the City of Coralville, and WHEREAS, the City of Coralville will pay the City of Iowa City a share of the administrative costs involved. NOW, THEREFORE, IT IS HEREBY AGREED BY AND BETWEEN THE CITY OF IOWA CITY AND THE CITY OF CORALVILLE that: 1. The City Manager is hereby authorized to sign and the City Clerk to attest an agreement between the City of Iowa City and the City of Coralville, a copy of which agreement is attached to this Resolution and made a part hereof. 2. The Mayor is hereby authorized to sign, and the City Clerk to attest this Resolution. It was moved by Neuhauser and seconded by Perret 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 21st day of October 1980. O YOR ATTEST: CITY CLERK EY THE LEGAL DEPAITUNT /O _ 'a QS ...3REEMENT TO SELL \ TRANSIT EQUIPMENT THIS AGREEMENT is made this 7,12. At day of 1980, by and between the City of Iowa City, Iowa, hereinfter called SELLER, and the City of Coralville, Iowa, hereinafter called BUYER. WHEREAS, the City of Iowa City, Iowa, and the City of Coralville, Iowa, have both filed for capital grants with the Iowa Department of Transportation under provisions of Section 18 of the Urban Mass Transportation Act of 1964, as amended; and WHEREAS, the City of Iowa City and the City of Coralville each desire to purchase transit coaches of similar size and design; and WHEREAS, the City of Iowa City and the City of Coralville find it in their mutual interest to jointly procure said transit coaches, with the City of Iowa City acting as the single procuring agency. NOW, THEREFORE, for and in consideration of the mutual covenants and agreements contained herein, and the performance thereof, the SELLER hereby sells and delivers to the BUYER the property herein described on the following terms, covenants, conditions and restrictions. d 1. SELLER agrees to sell to BUYER two (2) 45 -passenger coaches, with lift equipment. 2_ As consideration for said transit coaches, BUYER agrees to the following terms and conditions: a. BUYER shall pay SELLER an amount equal to one hundred percent of the actual purchase price of the new transit coaches. b. BUYER shall pay SELLER one-fourth of the local share of the actual cost of contract administration. The administrative costs under this capital project shall include only those eligible under an approved Cost Allocation Plan prepared in accordance with Appendix 4A of UMTA's External Operating Manual. C. The total amount of money herein stated is to be prepaid to the SELLER within fifteen (15) days prior to the date required for payment by the SELLER for all equipment purchased as part of this project. IN WITNESS THEREOF, we have hereunto affixed our signatures on the date first written above. SELLER BUYE 1 CITY MANAGERMAYOR CITY OF IOWA CITY C Y OF CORALVILLE ATTEST: 0L) L' ATTEST: P' CITY CLERk CITYCLERK_ •J' ' J11 • • 1 ' 911 ON �� �� RESOLUTION NO. Z V d RESOLUTION AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE ON BEHALF OF THE CITY OF CORALVILLE AN AGREEMENT WITH THE CITY OF IOWA CITY REGARDING THE PURCHASE OF TWO TRANSIT COACHES. WHEREAS, the City of Iowa City, Iowa, and the City of Coralville, Iowa, have both filed for capital grants with the Iowa Department of Trans- portation under provisions of Section 18 of the Urban Mass Transportation Act of 1964, as amended; and WHEREAS, the City of Iowa City and the City of Coralville each desire to purchase transit coaches of similar size and design; and WHEREAS, the City of Iowa City and the City of Coralville find it in their mutual interest to jointly procure said transit coaches, with the City of Iowa City acting as the single procuring agency; and WHEREAS, it is necessary and desirable for the City of Iowa City and the City of Coralville to enter into an agreement whereby the City of Iowa City will thereafter sell two of said transit coaches to the City of Coral- ville; and WHEREAS, said agreement, consiting on one typewritten page, has been ' l prepared by the City of Iowa City and submitted to the City of Coralville yt� ,r1 g�i f #,.I•�`1; 41¢r, 1tL!'v i, s.�,.f IEr �t3, for execution. �yy NOW, THEREFORE, BE IT RESOLVED by the City'Council of the City of 3ilb Coralville, Johnson County, Iowa that the Mayor and City Clerk are hereby',{ authorized and directed to execute on behalf of the City of Coialville the 1^ above described agreement and to forward the same with a copy of this reso— lution to the City of Iowa City for their execution. PASSED and approved this 7th day of October, 1980. ATTEST: HELEN —GAU , City Clerk 2 The above and foregoing Resolution was introduced by Council Member who moved its adoption. It was seconded by Council Member After discussion, the following roll was called: AYES NAYS L� L � L � L / ABSENT Cole Dvorsky Ehmsen Fausett Stewart Whereupon the Mayor declared the motion duly carried and the Resolution duly adopted this 7 day of > , 19 jun. ATTEST: HELEN GAUT, City Clerk RESOLUTION NO. 80-466 RESOLUTION OPPOSING THE CALLING OF A CONSTITUTIONAL CONVENTION AND OPPOSING AN AMENDMENT WHICH PLACES LIMITS ON STATE AND LOCAL REVENUE. WHEREAS the constitution should be an instrument that sets out the general relationships between the various branches and levels of government as guidelines for legislative action in setting the structure, function, procedures, and limits for governments to use in the performance of their duties; and WHEREAS the constitution is not the appropriate place for satisfying temporary interests; and WHEREAS a convention could open the whole constitution to revisions that risk undesirable changes; and WHEREAS Iowa's constitution has served this state for more than 120 years by clearly setting forth those principles and procedures that insure adequate representation of public interests on transitory procedural and financial matters; and WHEREAS the limiting of state and local revenue or spending by a constitu- tional amendment denies state and local government the ability to respond :to citizen demands on specific problems, and WHEREAS present efforts to call a constitutional convention are motivated by a singular issue of limiting state and local revenues; and WHEREAS sound constitutional provisions could be seriously jeopardized by a constitutional convention initiated and effectuated by a single interest; NOW, THEREFORE, BE IT RESOLVED that the City Council of Iowa City, Iowa opposes the calling of a constitutional convention for the purpose of adding an amendment that places limits on state and local revenues, and reaffirms its opposition to such an amendment. It was moved by Neuhauser and seconded by Perret the Resolution 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 // 4, Resolution N4 0-466 Page 2 Passed and approved this 21st day of October, 1980. ATTEST: 0(a, CITY CLERK Received & AppTOv`'d By The Le al Department /0 /° A° RESOLUTION N0. 80-467 RESOLUTION AUTHORIZING EXECUTION of RN AGR r` FOR SANITARY SEWER EXTENSION WITH WILLA J. & CATHERINE A. DICKENS WHEREAS, the City of Iowa City, Iowa, has negotiated an agreement with Willa J. and Catherine A. Dickens , a copy of said as eecrent being attachedto s Reso u on s reference made a part hereof, and, WHEREAS, the City Council deans it in the public interest to enter into said agreement which binds Willa and Catherine Dickens to pay the City $2,794.84 at such time they or subsequent owners tap the North Dodcre Street Court sewer extension.. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL: 1. That the Mayor and City Clerk are hereby authorized and directed to execute the agreement with Willa J. and Catherine A. Dickens '2. That the City Clerk shall furnish copies of said agreement to any citizen requesting same. It was moved by P e r r e t and seconded by V ev e r a the Resolution be adopted, apoll Fall there were: AYES: NAYS: ABSENT: x BAIMER X ERDAHL x LYNCH x NEUHAUSER x PERRE^T X ROBERTS x VEVERA Passed and approved this 21st day of October , 1930. Mayor ATTEST: J"j -4-) City Clerk '°i3!"s:lYeQ �ia at}1�1T3VPi'� �7' �hF irgel Lwep�rimercf AGREEMENT FOR SANITARY SEhT-R EXTENSION r° ✓dLCc. THIS AGREEMENT made this 29th day of August , 1980 , by and between the City of Iowa City (hereinafter referred to as "CITY") and Willa J. Dickens of 109 Green Mountain Drive, Iowa City, Johnson County Iowa, (hereinafter referred to as "USER"). WHEREAS, the City of Iowa City is a municipal corporation authorized to act pursuant to the laws of the State of Iowa; and WHEREAS, the undersigned, being owners of the following described real estate located within the City limits of the City of Iowa City, Johnson County, Iowa, to -wit: SEE ATTACHNIENT "A" (Description of Property to be Served) and WHEREAS, said User wishes to have a sanitary sewer main installed adjacent to the above described property; and I%TIEREAS, the User and the City agree and understand that they do not wish to avail themselves to the rights and remedies as provided by Chapter 384, of the Code of Iowa, 1977, as to the installation of said sanitary sewer. NOW, THEREFORE, IT IS HEREBY AGREED AND UNDERSTOOD THAT the City will install the sanitary sewer at its own cost adjacent to the property owned by the User. Said mains and appurtenances are further described as follows: SEE ATTACHMENT "B" (Description of Sanitary Sewer Line and Appurtenances) In consideration for the City's installation of said sanitary sewer and appurtenances, the User agrees to pay a lump sun fee of $ 2,794.84 at such time the User or subsequent owners of the land tap on to the sanitary sewer, in part or in whole. Further, it is understood that the owner, its assigns or successors and interests, agree to waive any rights or remedies afforded to it by the provisions of Chapter 384 of the Code of Iowa, 1977, and more specifically the cost of such improvements need not meet the requirements of notice, benefit or value as provided by the law of the State of Iowa for assessing such improvements. Further, in consideration for the City constructing said sewer and appurtenances, the owner agrees as a convenant running with the land that this agreement shall be binding on the owner, its assigns or successors in interest, purchasers of said ATTACHMENT A Description of Property to be Served Lots 1, 4, 10 and 11 of Ricords Subdivision of the NE 1/4 of the SW 1/4 of Section 2, Township 79 North, Range 6 West of the 5th P.M., according to the recorded plat thereof_. //93 atherine ATTACHMENT "B" EASEMENT This agreement, made and entered into by and between Willa J. M. Dickens of Iowa City , first party, which expression shall include his, her, or their heirs, agents or assigns, and the City of Iowa City, Iowa, second party, which expression shall include their agents or assigns, witnesseth: It is hereby agreed as follows: and For the sum of $1.00 plus other valuable consideration, the receipt of which is hereby acknowledged, first party hereby grants and conveys to second party an easement for the purposes of excavating for and the installation, replacement, maintenance and use of such sewage lines, pipes, mains, and conduits as second party shall from time to time elect for conveying sewage with all necessary appliances and fittings for use in connection with said pipe lines, together with adequate protec- tion therefore, and also a right of way, with the right of ingress and egress thereto, including all the area located within five (5) feet to either side of the line described as follows: A twenty (20.00) foot wide Sanitary Sewer Easement more particularly described as follows: Commencing at a point 20.00 feet South of the Northwest Corner of Lot 6 in the Subdivision of the Northeast Quarter of the Southwest Quarter of Section 2, Township 79 North, Range 6 West of the 5th. Principal Meridian, known as Ricords Subdivision, according to the plat recorded in Plat Book 4, Page 149, Plat Records of Johnson County, Iowa, which point is the intersection of the Southerly Right -of -Way line of North Dodge Street Court and the Easterly Right -of -Way line of Conklin Street and for purposes of this description the Southerly Right -of - Way line of North Dodge Street Court is assumed to bear East; Thence East, 640.00 feet on the Southerly Right -of -Way line of North Dodge Street Court to the Point -of -Beginning of the Centerline of said 20.00 foot Sanitary Sewer Easement; Thence East, 22.75 feet; Thence S00028141"E, 131.80 feet; Thence N83029'34"E, 166.77 feet; Thence S76049132"E, 243.51 feet; Thence N40°37'47"E, 236.12 feet to Manhole N-29 on the Northeast Trunk sanitary sewer. First party further grants to second party: 1. The right of grading said strip for the full width thereof and to extend the cuts and fills for such grading into and on said lands along and outside of the said line to such extent as second party may find reasonably necessary; 2. The right to support said lines across ravines and water- courses with such structures as second party shall from time to time elect; - 3. The right from time to time to trim and to cut down and clear away any and all trees and brush now or hereafter on said strip and to trim and to cut down and clear away any trees on either side of said strip which now or hereafter in the opinion of second party may be a hazard to said lines or may interfere with the exercise of second party's rights hereunder in any manner; provided, however, that all trees which second party is hereby authorized to cut and remove, if valuable for timber or wood, shall continue to be the property of first party, but all tops, lops, brush and refuse wood shall be burned or removed by second party; dAI 4. The right of ingress to and egress from said strips over and across said lands by means of roads and lanes thereon, if such there be; otherwise, by such route or routes as shall occasion the least practicable damage and inconvenience to first party; provided that such right of ingress and egress shall not extend to any portion of said lands which is isolated from said strip by any public road or highway now crossing or hereafter crossing said lands; 5. The right to install, maintain and use gates in all fences which now cross or shall hereafter cross said strips; 6. The right to mark the location of said strips by suitable markers set in the ground; provided that said markers shall be placed in fences or other locations which will not interfere with any reasonable use first party shall make of said strips. (a) Second party shall not fence said strip; (b) Second party shall promptly backfill any trench made by it on said strip and repair any damage it shall do to first party;fs private roads or lanes on said lands. (c) Second party shall indemnify first party against any loss and damage which shall be caused by the exercise of said ingress and egress, construction; and maintenance or by any wrongful or negligent act, omission of second party or of its agents or employees in the course of their employment. First party reserves the right to use said strips for purposes which will not interfere .with second party's full enjoyment of the rights hereby granted; provided that first party :;Ball not erect or construct any building or other structure, or drill or operate any well, or construct any reservoir or other obstruction on said area, or dimish or substantially add to the ground cover over said pipe lines. First party does hereby covenant with second party that they are lawfully seized and possessed of the real estate above described; that they have a good and lawful right to convey it, or any part thereof. The provisions hereof shall inure to the benefit of and bind the successors and assigns of the respective parties hereto, and all covenants shall apply to. and run with the land. Dated this__ day of October , A�..DD/.19�80 Willa J. �ickens Catherine A. Dickens Subscribed and sworn to before me this /`— day of October , A.D. 1980 WSWS CHARLES A. BARKER embef 30, 11983 RE5 Notary Public in and for the county of Johnson, State of Iowa ///as- PUBLIC IMPROVEMENT MAINTENANCE BOND FOR THE MAINTENANCE OF Bond #IA -403.466 Know All Men By These Presents: That Drake Construction, Inc, of Ninterset. 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 Fourteen Thousand Four Hundred Ninety -'Mo and No/100---------------- ----------14.492.00 ($ )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 30th day of Seuteff6at A.D. 19 80 Whereas, the said Principal entered into a certain contract, dated the , 19 , with the and labor necessary for the construction of Dodge Street Court Sanitary Sewer Extension Phase I day of to furnish all the material in the City of TOM (Aty 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 Two 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 as aforesaid; Now, Therefore, the Condition of this Obligation is Such, that if the said Principal does and shalldat his own cost and expense, remedy any and all defects that may develop in said work, within the period of ttW years from the date of acceptance of the work under said contract .by reason of bad workmanship or poor material used i n the 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 repairof said work, then this obligation to be null and void; otherwise to be and remain in full force and virtue in law. Approved By Drake Con tructii . Inc. Principal BONDING COMPANY PUBLIC IMPROVEMENT MAINTENANCE BOND FOR THE MAINTENANCE OF Bond #IA -403,457 Know All Men By These Presents: 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 City of i'owa CU, Iowa , in the penal sum of Six. Thousand Seven Hundred Thirty -Four and 70/100-------------------------------- (g6,734,70 )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 30th day of September A b 198 Whereas, the said Principal entered into a certain contract, dated the 19 , with the and labor necessary for the construction of, Dodge Street Court Sanitary Sewer Extension Phase II day of to furnish all the material in the Ci ty of Iowa C1 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 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 as aforesaid; Now, Therefore, the Condition of this Obligation is Such, that if the said Principal does and shat I, at his own cost and expense, remedy any and all defects that may develop in said work, within the period of Two years from the date of acceptance of thework undersaid 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 said period, and shall in all other respects, comply with all the terms and conditions of said contract with respect to maintenance and repair ofsaid work, then this obligation to be null and void; otherwise to be and remain in full force and virtue in law. Principal Approved October // 21 19 80 _ By By IVIt1*in"� `�. 91�011)� ERC S U AL BONDING City olicit surety ss, III—,Vice President Y 5,694.29 UNITED STATES OF AMERICA STATE OF IOWA CITY OF IOWA CITY 1979 BDI SECOND ADDITION IMPROVEMENTS CONSTRUCTION WARRANT This instrument is evidence that the City of Iowa City, Iowa, hereby promises to pay to Shive-Hatteerry� of Iowa Cit Iowa , its successors or assigns, t—gym of $ 5,694.29 , wit interest thereon at the rate of seven percent (7B) per annum, until called for payment. Interest shall commence if this warrant is not paid upon presentation hereof. This Warrant is drawn on and payable solely from the 1979 BDI Second Addition Improvements Construction Fund, or any fund from which payment for such work may be made. This instrument is one of a series of similar instruments given in payment for street and sewer improvements designated as the 1979 BDI Second Addition Improvements, of said City, being constructed under contract dated •July 25 , 1978 , and issued under authority of Section 384.57 of the City Code of Iowa. The City of Iowa City reserves the right to prepay the amount represented hereby at any time with accrued interest to the date of such payment. Both principal and interest of this Warrant are payable at the office of the City Treasurer or Financial Officer of the City of Iowa City, State of Iowa. IN WITNESS WHEREOF, the City of Iowa City has caused this instrument to be executed by its Mayor, and attested by its Clerk, with the seal of said City affixed as of the 10th day of October 1980 . TY F IOWA CITY IOWA (SEAL) '2 ATTFST: ayor j Clerk This instrumentresented and not paid for want of funds this lez:k day of ��. � 19 . Jr/< .ate-.YSL— City Trea rer AHLERS. COONEY. DORWEILER. HAYNIE 6 SMITH. LAWYERS. DES MOINES. IOWA //9J ASSIGNMENT The attached Construction Warrant in the amount of $ , is hereby assigned to in consideration of receipt by the undersigned from said assignee,of the sum of $ Dated this day of 19 (Insert name of company or engineer or other person entitled to the temporary obligation and be certain that the assignment is properly executed by the officials of the respective company, engineer, or other person so entitled thereto.) AHLERS. COONEY. DORWEILER. HAYNIE a SMITH. LAWYERS. DES MOINES. IOWA Council Member Perret introduced the following Resolution entitled 'rRESOLUTION DIRECTING THE DELIVERY OF CONSTRUCTION WARRANTS IN PAYMENT OF CONTRACT", and moved its adoption. Council Member Roberts _ seconded the motion to adopt. The roll was called and the vote was, AYES: Vevera, Balmer,Erdahl, Lynch, _Neuhauser._Perret,.Roberts NAYS: None Whereupon, the Mayor declared the following Resolution duly adopted: 80-468 RESOLUTION DIRECTING THE DELIVERY OF CONSTRUCTION WARRANTS IN PAYMENT OF CONTRACT WHEREAS, the Council of the City of Iowa City, Iowa, heretofore entered into contract for the construction of the 1979 BDI Second Addition Improvements, and in said contract provided that payment to the contractor or contractors, and others, would be made at the option of the City by the delivery of Construction Warrants issued pursuant to Section 384.-57 the City Code of Iowa, bearing interest at seven percent (7B) per annum; and WHEREAS, the following balances are owing in connection with the construction of said public improvements above referred to, and have been duly approved by the Project engineer with provisions for retaining not less than ten percent (108) thereof, as required by Chapter 573, Code of Iowa, 1979, as amended, to -wit: TO: -2- AHLERS. GOONEY. DORWEILER. HAYNIE B SMITH. LAWYERS. DEB MOINES. IOWA and WHEREAS, the above firm or firms are now entitled to payment for said sums owing: NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: That the Mayor and Clerk are authorized and directed to execute and deliver to said above contractor or contractors, and others, Construction Warrants drawn on the 1979 BDI Second Addition Improvements Construction Fund, as follows: CONSTRUCTION WARRANT NO. TO DATE AMOUNT 13 Shive-Hattery 10/10/80 $5,694.29 —3— A HLERS. COONEY. DORWEILER. HAYN It h SMITH. LAWYERS. DEE MOINES. IOWA PASSED AND APPROVED, this 21st day of October , 197 80. i ayor ATTEST: (24L16 4111" - Clerk IT (SEAL) -4- AHLERG. COONEY. DORWEILER. HAYNIE B SMITH. LAWYERS. DEB MOINER. IOWA - t_ RESOLUTION NO. 80-469 RESOLUTION AUTHORIZING AN AMENDMENT TO THE PRELIMINARY LOAN CONTRACT, PUBLIC HOUSING PROJECT IA 22-3. WHEREAS, the City of Iowa City, Iowa, hereinafter called the Local Authority, entered into a preliminary loan contract on August 28, 1978, with the U.S. Department of Housing and Urban Development for a loan in the amount of $9,600.00; and WHEREAS, the Local Authority deems it in the public interest to seek an amendment to that contract increasing the amount of the loan to $69,200.00. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA: 1. The staff of the Local Authority is hereby directed to submit all necessary information and application documents to the U.S. Department of Housing and Urban Development to amend said contract to increase the.amount of the loan to $69,200.00. It was moved by Neuhauser and seconded by Roberts Resolution 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 21st day of October, 1980. MAYOR ATTEST: 0a, CITY CLERK the Received & Approved By The Legal Department 745- io-is- Mrd iVL7 03 HUD -9011 (11-68) CERTIFICATE OF RECORDING OFFICER I, Abbie Stolfus, the duly appointed, qualified and acting City Clerk of the City of Iowa City, Iowa, do hereby certify that the at- tached extract from the minutes of the October 21, 1980, regular meet- ing of the City Council of the City of Iowa City, held on October 21, 1980, is a true and correct copy of the original minutes of such meet- ing on file and of record in so far as they relate to the matters set forth in the attached extract, and I do further certify that each Reso- lution appearing in such extract is a true and correct copy of a Resolu- tion adopted at such meeting and on file and of record. IN TESTIMONY WHEREOF, I have hereunto set my hand and the seal of said Iowa City, Iowa, this 22nd day of October, 1980. (Seal) /,?o /V HUD -9012 (11-68) EXTRACT FROM -MINUTES OF MEETING EXTRACT FROM THE MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE 0 CITY OF IOWA CITY, IOWA HELD ON THE 21st DAY OF October, 1980. The City Council of the City of Iowa City, Iowa, met in regular meeting at the Civic Center, 410 East Washington Street, in the Council Chambers in the City of Iowa City, Iowa, at the place, hour and date duly established for the holding of such meeting. The Mayor called the meeting to order and on roll call the following an- swered present: Lynch, Neuhauser, Perret, Roberts, Vevera and the following were absent: Erdahl (7:35 P.M.) The Mayor declared a quorum present. 233976-P �� QJr HUD -9014 The following resolution was introduced by Mayor Balmer read in full and considered: Neuhauser moved that the foregoing resolution be adopted as introduced and read, which motion was seconded b))\Roberts , and upon roll call the "Ayes" and "Nays" were as follows: AYES NAYS Erdahl Balmer Lynch Vevera Neuhauser Perret Roberts The Mayor thereupon declared said motion carried and said resolution adopted. There being no further business to come before the meeting upon motion duly made and seconded, the meeting was adjourned. Ja 06 GENERAL CERTIFICATE I, Abbie Stolfus, DO HEREBY CERTIFY as follows: 1. That I am the duly appointed, qualified, and acting City Clerk of the City of Iowa City (herein called the "Local Agency"). In such capacity, I am custodian of its records and am familiar with its organization, membership, and activities. 2. That the proper and correct corporate title of the Local Agency is the City of Iowa City, Iowa. 3. That the City of Iowa City, Iowa, was duly created pursuant to the authority of the constitution and statutes of the State of Iowa including, particularly, the Act of the Legislature in the laws of Iowa of 1838-1839 at page 435, and was duly organized on the 4th day of July, 1839; and since the date of its organization, the Local Agency has continued to exist without interruption in the performance of its public corporate purposes. 4. That the names and dates of election or appointment, and the dates of the beginning and ending of the terms of office, of the members of the governing body of the Local Agency and of its principal officers are as follows: NAME & OFFICE (s) John Balmer Mayor Councilman Glenn E. Roberts Mayor Pro tem Councilman Clemens Erdahl Councilman Lawrence Lynch Councilman Mary C. Neuhauser Councilwoman David Perret Councilman Robert A. Vevera Councilman Neal Berlin City Manager John Hayek City Attorney Abbie Stolfus City Clerk DATE OF ELECTION OR APPOINTMENT 1/2/80 11/6/79 1/2/80 11/8/77 11/8/77 11/6/79 11/6/79 11/6/79 11/8/77 1/14/75 10/2/73 9/1/70 DATE OF COM- MENCEMENT OF TERM OF OFFICE 1/2/80 1/2/80 1/2/80 1/2/78 1/2/78 1/2/80 1/2/80 1/2/80 1/2/78 1/14/75 1/2/80 1/2/80 DATE OF EXPIRA- TION OF TERM OF OFFICE 1/2/82 1/2/84 1/2/82 1/2/82 1/2/82 1/2/84 1/2/84 1/2/84 1/2/82 Indefinite 1/2/82 1/2/82 5. Each of the above-named officers required to do so has duly taken and filed his oath of office and each of them legally required to give bond or undertaking has filed such bond or undertaking in form and amount as required by law and has otherwise duly qualified to act in the official capacity above designated, and each is the acting officer holding the respective office or offices stated beside his name. 6. None of the above-named officers is ineligible to hold or disqualified from holding, under the provisions of applicable law, the respective office, specified above, which he holds. Note: A question had arisen as to the status of Councilman Robert Vevera who was elected November, 1975, and sworn in as Councilman in January, 1976. The Council has determined not to seek a Declaratory Judgment. 7. None of the above-named Councilpersons is an officer or employee of the City of Iowa City, Iowa. See note to Item 6. 1,2o7 Page 2 ral Certificate 8. Since October 7, 1980, there have been no changes in or amendments to the charter, by-laws, ordinances, resolutions, or proceedings of the Local Agency with respect to: a) The time and place of and other provisions concerning regular meetings of the Local Agency; b) The provisions concerning the calling and holding of special meetings of the Local Agency and the business which may be taken up at such meetings; c) The requirements concerning a quorum; d) The manner in which the charter or by-laws of Local Agency may be amended; e) The requirements regarding the introduction, passage, adoption, approval, and publication of resolutions, ordinances, or other measures, relating to the approval and execution of contracts and the authorization, award, execution, or issuance of bonds, notes, or other obligations of the Local Agency; f) The officers required to 'sign, countersign, or attest contracts, bonds, notes, or other obligations of the Local Agency; g) The office of the Local Agency; or h) The seal of the Local Agency. On January 2, 1976, the City Council adopted a Home Rule Charter for the City of Iowa City, Iowa. Said Charter was passed according and pursuant to State law. 9. The seal impressed below, opposite my signature, is the duly adopted, proper, and only official corporate seal of the Local Agency. IN WITNESS WHEREOF, I have hereunto set my hand and the duly adopted official seal of the Local Agency this 22nd day October 19 80 . OYL- �- ABBIE STOLFUS CITY CLERK RESOLUTION NO. 80-470 RESOLUTION ESTABLISHING JUST COMPENSATION FOR ACQUISITION OF REAL PROPERTY FOR THE NORTH BRANCH RALSTON CREEK STORMWATER DETENTION PROJECT. WHEREAS, the City of Iowa City, Iowa, in furtherance of the public welfare, is undertaking a program to alleviate flooding on Ralston Creek; and, WHEREAS, the City of Iowa City, as a part of this flood control program, plans to construct a stormwater detention structure on the North Branch of Ralston Creek; and, WHEREAS, this project requires that the City of Iowa City acquire certain interests in real property; and, WHEREAS, the City of Iowa City has. received appraisals and review appraisals concerning the fair market value of these real property interests; and, WHEREAS, the City of Iowa City has reviewed these appraisals and review appraisals, and being familiar with the real property identified therein, desires to establish the Just Compensation for acquisition of these real property interests. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the amounts listed opposite each real property interest described below are hereby declared to be the Just Compensation for the purpose of acquisition of said real property interests. The Staff of the City of Iowa City is hereby authorized to commence negotiations for the purchase of said real property interests and the Mayor and City Clerk are authorized to contract for the purchase of said real property interests. In the event negotiations for purchase are unsuccessful, the Staff is hereby authorized to institute condemnation proceedings for the acquisition of said real property interests. Real Property Interest Property Owner to be Acquired Just Compensation Iowa City Roman Fee title to 43.7 acres $148,000 Catholic Vicariate from a tract of land located of Education at the Regina High School address on Rochester Ave., and an access easement over a part of said tract. Don J. Gatens & Flowage easement over 8.3 acres $ 16,500 Eugene Meade from a tract of land located immediately north of Hickory Hill Park. Resolution Nc I0-470 Page 2 Plum Grove Acres, Flowage easement over 5.7 acres $ 6,000 Inc. from a tract of land located on the north side of Rochester Ave. at First Ave. Garry & Susan Flowage easement over an access $ 4,000 Hamdorf road to 2545 Bluffwood Lane, Iowa City Robert Boyd Flowage easement over a portion $ 300 of land located at 2604 Bluffwood Lane, Iowa City Nadine T. Larson Flowage easement over approxi- $ 1,500 mately 1.0 acres from a tract of land located north -of Hickory Hill Park It was moved by Perret and seconded by Neuhauser the Resolution 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 21st day of October 1980. :z_� IAYOR ATTEST: CITY CLERK IV CEIVFD & DEP.4RT15ENT EY T LEG6I= /��d /e2/0 RESOLUTION NO. 80-471 RESOLUTION AUTHORIZING THE CITY MANAGER TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR THE ACQUISITION OF REAL PROPERTY FOR THE LOWER RALSTON CREEK NEIGHBORHOOD REVITALIZATION PROJECT (PARCEL 2 OWNED BY PHIL CARY.) WHEREAS, the City Council of the City of Iowa City did approve Resolution No. 79-242 authorizing application for federal funds under the Community Development Block Grant/Small Cities Program for improvements in the Lower Ralston Creek Neighborhood; and WHEREAS, the Department of Housing and Urban Development has formally approved said application; and WHEREAS, the City Council did approve Resolution No. 79-489 authorizing the acquisition of real property required for said project; and WHEREAS, real estate appraisals and review appraisals have been conducted to establish fair market value of the parcel to be acquired for Phase I of said project; and WHEREAS, the City Council did approve Resolution No. 80-67 establishing just compensation for real property acquisition for Parcel No. 2 owned by Phil Cary in the Lower Ralston Creek Neighborhood Revitalization Project; and WHEREAS, in order to acquire said real property, the City desires to enter into contract 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 City Manager is hereby authorized to sign and the City Clerk to attest the contract for the purchase of the real property referred to below for the amount designated below: Parcel No. Purchase Price 2 $19,000 It was moved by Neuhauser and seconded by Lynch that the resolution as read be adopted, and upon roll call there were: AYES: NAYS ABSENT: Balmer Erdahl Lynch Neuhauser Perret Roberts Vevera Passed and approved this 21st day of October , 1980. 4AYOR/�� ATTEST: t - CITY CLERK ReeeFved a ApprevAd By The Leg_I Z)7pedmeMl /o �7 City of Iowa CI _ MEMORANDUM Date: October 17, 1980 To: City Council From: Bruce Knight, Planner/Program Analyst Re: Acquisition of Property (Parcel #2) in the Lower Ralston Creek Neighborhood Parcel #2 of the Lower Ralston Creek Neighborhood Revitalization Project, owned by Philip Cary and used for storage of fencing materials, was appraised in December, 1979 at $2 per square foot. "Just compensation" was set by Council at $17,200 for this property. Negotiations with Mr. Cary were delayed partly because he was having problems finding a relocation site. Mr. Cary has now made a counter offer of $19,000. Staff recommends acceptance of this offer in view of the fact that recent Phase II appraisals of similar land have shown slight increases in value, probably due to inflation, indicating a similar increase is reasonable for this property. Mt. Cary also wishes to purchase City property at 805 South Gilbert Street (mainly old Linn Street right-of-way south of Lafayette Street) to relocate his business. This property has been appraised at $32,000 (by two independent appraisals), and Mr. Cary would like to purchase the property at this price. The attached resolution would authorize purchase by the City of Mr. Cary's property at 222 East Benton Street only. bj5/1 /021,L 0 O O s ineO m z O W Z W W m �1 04 W- O B...j s BURLINGTON ■■_� ��;, ■� ■ � Ili ■� ■ COURT ®■ o o ST HENRY 11 I SABIN Z SCHOOL O 0 F :D UFE]� BENTON N Pi LEGEND ACQUISITION MAP PROP[RTY TO BE ACQUIRED C PA"L et- z) — PROJECT BOUNDARY I I STEW CLOSTD.TO TRAFFIC %////. VACATED STREETS 00 BLOCK NUMB[R .. PARCIL NUMBER Olk CITY OF IOWA CITY • SCALE I •ctt+�'••^ J orvis[o� _ RESOLUTION NO. 80-472 - RESOLUTION AUTHORIZING THE DISPOSITION OF PUBLIC PROPERTY AT 916 SOUTH DUBUQUE, 926 SOUTH DUBUQUE, AND 930 SOUTH DUBUQUE STREET, IOWA CITY, IOWA. WHEREAS, the City of Iowa City has acquired property at 916, 926 and 930 South Dubuque Street in the Lower Ralston Creek Neighborhood, and WHEREAS, the City plans to clear the property in order to carry out creek improvements, and WHEREAS, certain of the structures on the property can be removed to new locations or used for salvage, and WHEREAS, it has been determined that it is not feasible for the City to remove and rehabilitate said structures for public housing, and WHEREAS, a public hearing was held on October 7, 1980 on the proposal to dispose of said structures, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the following structures be disposed of through sealed bid proposals as follows: 916 South Dubuque Street: house for salvage only. 926 South Dubuque Street: house and garage to be removed to a new location. 930 South Dubuque Street: house and garage to be removed to a new location. It was moved by Neuhauser and seconded by Roberts the Resolution 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 21st day of October, 1980. 4AYDR ATTEST: ()JL - CITY CLERK Rareived & Approv,�a By The Legal gepa tment City of Iowa C r Date: October 17, 1980 To: City Manager and City Council From: Jim Hencin, CDBG Program Coordinator Re: Disposition of Houses on South Dubuque Street The City Council is being asked to consider two resolutions dealing with the disposition of three houses located at 916, 926 and 930 S. Dubuque Street. All were purchased by the City under Lower Ralston Creek CDBG project and must be removed in order to accomplish the planned creek improvements. At the October 7, 1980, public hearing on this subject, staff was requested to further investigate the possible rehabilitation and use of these houses in the City's public housing program. Following is a summary of our conclusions: Suitability for Rehabilitation This past Spring, and again in September and October, the three houses in question were inspected by the Department of Housing & Inspection Services (HIS). 916 S. Dubuque was found unsuitable for rehabilitation and structurally unsound for even short distance moving. 926 and 930 S. Dubuque were determined suitable for rehabilitation although each has numerous Housing Code voilations. We estimate rehabilitation costs to be: $24,090 for 926; $27,995 for 930. Actual costs may be higher depending upon new site preparations that are required and other unforeseen physical deficiencies. Movability As part of their inspection, HIS attempted to determine the feasibility of moving the three houses to other locations. Again, because of its unsound structure, 916 S. Dubuque was ruled out. 926 and 930 are sufficiently sound structurally to be moved. It is estimated that to move the two houses, it would cost about $3,500 each for a short distance (1/4 to 1/2 mile), "straight shot" move. If it became necessary to temporarily store them until a site was available, it would cost another $1,000 to $1,500 per house. It should be noted that creek improvements are scheduled to begin next spring, therefore necessitating the removal of all three houses from their present location. Reuse for Public Hous Once they are rehabilitated to Code standards, the City would be able to provide a one bedroom unit (926) and a two bedroom (930) for rental to low income families. They would managed by the Assisted Housing Division under its established guidelines for public housing. 2 Since the units would be owned by the City, no rent subsidy, e.g. Section 8, would be available. Periodic maintenance would be funded in part from the rent collected on each unit. Further, the City could not recoup its investment on these units through the other public housing funding sources presently available. Available Housina Sites As with the problems we are faced with in constructing the 68 units of new public housing, there are limited sites available for placement of the 926 and 930 S. Dubuque Street houses. At present, the only available City owned lot is on Rundell Street. However, it is still under legal action, and its release date is unknown. The alternatives are: a) to purchase a lot or lots now, or b) move and temporarily store the houses until such time as the Rundell Street lot and another becomes available. Available Funds The monies need to undertake the moving and rehabilitation of 926 and 930 S. Dubuque could come from either of two possible sources. The Finance Director confirms that $96,000 are available from a prior allocation for moving the old Iowa Plate Glass building. There are also funds in the Hold -Harmless CDBG contingency. (Council will be considering the reallocation of these funds in the next two weeks.) Summary/Recommendation Minimum estimated costs for moving and rehabilitating the two houses at 926 and 930 S. Dubuque are $59,085. A more reasonable budget to allow for the uncertain costs of moving, rehabilitation and site preparation is $70,000- 75,000. Land purchase costs would be required if City owned lots were not available, as is the situation presently. Given the potentially high level of investment that the City is likely to experience in converting the two houses to public housing, it is recommended that Council proceed as follows: 1. Sell the three houses as proposed to private buyers. 2. Utilize the sale proceeds and other funds, as indicated above, to purchase new public housing sites. 3. Build new housing units on the sites using the public housing funds currently committed to Iowa City. tp5/3-4 cc: Mike Kucharzak Lyle Seydel Don Schmeiser Rosemary Vitosh /GIrG,�c� RESOLUTION NO. 80-473 RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT FOR SALE OF THREE HOUSES AND TWO GARAGES IN THE LOWER RALSTON CREEK NEIGHBORHOOD. WHEREAS, City of Iowa City has resolved to dispose of certain structures in the Lower Ralston Creek Neighborhood, and WHEREAS, notices were published in the local newspapers and sent to prospective bidders advertising for bids on these structures, and WHEREAS, Max Yocum has submitted the best bid for removal of the house and garage at 926 South Dubuque Street, and WHEREAS, Max Yocum has submitted the best bid for removal of the house and garage at 930 South Dubuque Street, and WHEREAS, Max Yocum has submitted the best bid for salvage of the house at 916 South Dubuque Street, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA: la. That the contract to purchase for removal the house and garage at 926 South Dubuque Street be awarded to Max Yocum for $ 503.50 , and b. That the contract to purchase for removal the house and garage at 930 South Dubuque Street be awarded to Max Yocum for $ 253.00 , and c. That the contract to purchase for salvage the house at 916 South Dubuque Street be awarded to Max Yocum for $ 50.00 2. That the City Manager is hereby authorized to sign and the City Clerk to attest the agreement to sell the above-mentioned structures, subject to the conditions that awardees secure adequate performance bonds and insurance certificates. It was moved by Neuhauser and seconded by Vevera the Resolution 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 21st day of October, 1980. ATTEST: �&. CITY CLERK AYOR RCCEIVED & AIPI'RG✓ED LY ITAL DEihi T T 12 /O RESOLUTION NO. 80-474 RESOLUTION ADOPTING AN INDUSTRIAL REVENUE BOND POLICY FOR THE CITY OF IOWA CITY IOWA. WHEREAS, Iowa municipalities are powered to issue industrial revenue bonds pursuant to Chapter 419 of the Code of Iowa; and WHEREAS, the City of Iowa City deems it desirous and in the public interest to adopt a uniform policy governing the issuance of such bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA that the Industrial Revenue Bond Policy and Procedures for the City of Iowa City, Iowa, attached hereto and incorporated by reference herein, is hereby adopted as the policy governing the issuance of such bonds. It was moved by Neuhauser and seconded by Resolution 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 21st day of October, 1980. ATTEST: CITY CLERK Lvnch the ��!'q����1rCr�u,21�(Fq�;0T �Y:rl ltl.35S /11 P, /9 INDUSTRIAL REVENUE BOND POLICY AND PROCEDURES FOR THE CITY OF IOWA CITY. IOWA I. POLICY A. INTRODUCTION Chapter 419 of the Iowa Code grants authority to incorporated cities to issue Industrial Revenue Bonds (IRBs) for certain private enterprise projects (Section 419.1(2)). The Iowa Urban Revitaliza- tion Act of 1979 has amended Chapter 419 to allow for the issuance of IRBs for commercial and residential projects located within locally designated urban renewal or urban revitalization areas. All IRBs issued pursuant to Chapter 419 are limited obligations of the municipality, with the principal of and interest on such bonds payable solely out of the revenues derived from the project (Section 419.3). B. INTENT The intent of this policy is to provide an organized and consistent approach to, and mechanism for, the evaluation and processing of Industrial Revenue Bond requests. This policy statement will provide to potentially interested persons an outline of how an IRB request would be considered by the City Council. It should be emphasized that the intent of this policy is to assure that each IRB issue is in the best interests of the City, and will assist in the implementation of private projects which will improve and enhance Iowa City. The City is in no way obligated to issue an IRB upon an applicant's request, but will evaluate each application based on the criteria set forth herein. C. LEGAL COMPLIANCE All procedures leading to the issuance of an IRB, as well as the applicant's utilization of the proceeds from any IRB issue, shall be in compliance with applicable federal, state, and local laws, and the policies and requirements as are contained herein. The responsibility for compliance shall in all cases rest with the applicant. The only covenant or warranty which the municipality shall be required to make in connection with the proposed IRB issuance, either to the applicant or to any other interested party, is that said municipality is a corporation or political subdivision of the State of Iowa, organized and existing under the laws of said State. D. APPLICANT'S RESPONSIBILITIES Except as hereinafter provided, and except as required by law, it shall be the applicant's responsibility to provide all necessary documents, forms, and related materials, and to advise the City and other parties of all required actions. /0-Z 047— C) E. Consistent with state law, the City will consider issuance of IRBs for a project permitted by the Urban Revitalization Act only if said project is located within the City's Urban Renewal Project Area (see Exhibit A) or within such urban revitalization areas as the City may hereinafter designate, pursuant to Chapter 419. Projects in this area requesting IRBs should fulfill the goals and objectives as contained in the Urban Renewal Plan (1979) (See Exhibit B). All projects permitted by the Urban Revitalization Act and located within the City's Urban Renewal Project Area or within such urban revitalization areas as the City may hereafter designate, will be subject to design review by the Design Review Committee, pursuant to Resolution No. 74-48, and shall be subject to design review and approval by the City Council. With respect to projects located' on or adjacent to City Plaza, the design -review procedures described in Ordinance No. 78-2894 (Section 8(c)) shall apply. IRBs issued by the City shall be used to leverage new commitments to downtown redevelopment. FINANCING CRITERIA The City urges that applicants, prior to application, make a substantial good faith effort to obtain conventional financing upon such reasonable terms and conditions as prevail in the marketplace at the time. However, applicants may choose to apply for IRBs without first seeking conventional financing, but the burden shall be on the applicant to establish that its proposed project serves the public purposes described below. The Staff Evaluation Committee (described below) shall review such requests to waive the conventional financing requirement and offer a recommendation thereon to the City Council. The City Council shall have sole discretion to approve or reject such requests for waiver of the conventional financing requirement. PUBLIC PURPOSES TO BE SERVED THROUGH ISSUANCE OF IRB'S The City will consider and evaluate applications for IRBs on the basis of the following criteria: a. The extent to which the proposed project will create new, or preserve existing, employment opportunities within the community. b. The extent to which the proposed project with IRBs will increase the City's tax base compared to the extent to which the proposed project without IRBs will increase the City's tax base. /0202/ 3 C. The extent to which the proposed project will enhance and strengthen the downtown as the multi-purpose center for Iowa City and the surrounding area. d. The extent to which the proposed project will upgrade deteriorated or deteriorating structures, improve site accessibility and usefulness, and otherwise provide for the public health, safety and welfare as detailed in the Urban Revitalization Act (1979). e. The extent to which the proposed project will allow for preservation and restoration of buildings of historical or architectural significance. 6. Furthermore, the total aggregate amount of IRBs outstanding at any one time shall not exceed, for commercial and residential projects in the urban renewal/urban revitalization areas, 5% of the total assessed valuation.of Iowa City. F. POLICIES APPLICABLE TO INDUSTRIAL PROJECTS To be added at a later date. /070?.2- 4 II. PROCEDURES Requirements It is in the public interest that the issuance of IRBs be made only after the City has been fully informed concerning the applicant and its current status and future plans; the protection of the City's interests requires thorough investigation of any request for IRBs. The applicant will be required to submit certain information and assume the cost of the City's review and issuance of the IRBs. Matters of confidentiality for public disclosure, relating to the applicant or his business, shall be honored to the extent that such information withheld is not required as a matter of law, as determined by the City's legal counsel. 4. If the applicant retains its own legal counsel to prepare Council proceedings and legal documents, all such proceedings and documehts must be reviewed and approved by the City's bond counsel. The applicant must not incur any project costs other than those authorized by the Internal Revenue Code prior to the preliminary approval (Memorandum of Agreement) being authorized by the City Council. The City Council reserves the right to deny any application for financing at any state of the proceedings prior to adopting the final resolution authorizing the issuance of the bonds. All applications and supporting materials and documents shall remain the property of the City. The applicant shall adhere to the following procedures in submitting a request and application to the City for the issuance of IRB Bonds. Application and Review Procedures Any person or firm desiring to request that the City of Iowa City issue IRBs shall first secure from the City Manager or the Director of Finance a copy of the City's Industrial Revenue Bond Policy and Procedures. A written request accompanied by the application form, the required supplemental information and a non-refundable deposit shall be submitted to the office of the City Manager. The amount of the deposit will be defined by the Director of Finance based upon an estimate of the City's costs associated with an Industrial Revenue Bond issue. The applicant shall agree to reimburse the City for all expenses which exceed the deposit amount and which result from the review and evaluation of the request including but not limited to administration, legal counsel, consulting costs, printing, publication costs and all other incidental costs or fees. /"2073 5 3. Following the receipt of the written request, the application form, the supplemental information and the deposit, the City Manager will notify the City Council of the request and will appoint a Staff Evaluation Committee to review the project. In those instances when circumstances dictate review which requires expertise beyond that of the Committee, the proposal will be submitted to an independent consultant hired by the City. Before this expense is incurred, the applicant shall be notified and given an opportunity to withdraw its application. 4. The Staff Evaluation Committee shall prepare a recommendation on the advisability of the issuance of IRBs to be presented to the City Council at its next regularly scheduled meeting following completion of the Committee's review. This review should be completed within 30 days from the receipt of the request unless the applicant is otherwise notified. The Council will not take formal action on the request until the review has been completed. 5. The City Council will then take preliminary action to approve or deny the applicant's request to issue bonds. If such preliminary approval is granted, the Memorandum of Agreement will be executed. If the applicant retains its own legal counsel to prepare Council proceedings and legal documents, all such proceedings and documents must have been reviewed and approved by the City's bond counsel and then received by the Director of Finance seven days prior to the Council meeting in order to be included on the agenda of that meeting. Any proceedings or documents received late will not be added to the Council Agenda. 6. The applicant should then request that the City Council schedule a Public Hearing on the proposal to issue the bonds. The Public Hearing provides the opportunity for any member of the public to speak for or against the bond issue. 7. After the public hearing the City Council will then vote on a resolution to determine whether or not to proceed with the issuance and sale of the bonds. If such approval is received, the applicant may then proceed with the preparation of final documents. 8_ The City will review all final documents and if the terms are mutually agreeable, the City Council will authorize final approval of the terms, execution and delivery of the bonds. PROJECT AREA MAP I University WASHINGTO-------- N ST � n i D I -� I o � r COLLEGE ST -, Unive sity D O BURLINGTON ST O Z T N 70 84 it z Oldec��) Capitol O Z LINew CenterZ rary N Barber 1 Ln C (lege 64 Ln $� B ock B Hotel Library Parking � Parking Pentacrest OZ I Garden 3 Apts 1 on I l� I COURT ST LEGEND e PROJECT BOUNDARY PARCEL BOUNDARY ^ 00 BLOCK NUMBER N ki tA b I St Ba c w z m a �E EXHIBIT B Urban Renewal Plan (1979) Ot tives To eliminate substandard buildings, blighting influences, and environmental deficiencies in this important section of the City of Iowa City, and to establish conditions which will prevent the recurrence of blight and blighting conditions. b. To strengthen central Iowa City as the retail trade business, financial, administrative, governmental, educational, and cultural center of the area. C. To strengthen the economic well-being of the central area and the City by increasing retail activity, taxable values, and job opportunities. d. To establish a pattern of land use activities arranged it compact, compatible groupings so as to enhance their efficiency of operation and economic inter -relationships. e. To provide for the orderly physical and economic growth of the central area through controlled redevelopment and rehabilitation. f. To provide safe, efficient, and attractive public and private vehicular access to centr21 Iowa City. g. To provide a safe, efficient and attractive circulation system which minimizes conflicts between different forms of traffic such as pedestrians, bicycles, automobiles, trcuisit and service vehicles. h. To encourage coordinated development of parcels and structures in order to achieve efficient building design, multi-purpose use of sites, unified off-street parking, trucking and service, and internal pedestrial linkages. i. To provide for off-street parking facilities in locations easily accessible from major thoroughfares and central area destinations alike including long-term parking facilities on the periphery of the central area, and including existing off-street parking outside the project area boundaries. j. To improve the appearance of buildings, rights-of-way and open spaces, and to encourage high standards of design. k. To aid the University of Iowa to expand in an orderly way, so the University and the Business District can each perform its own function with minirmdn conflict and mutual benefit. 1. To provide for open spaces and pedestrian ways, which reinforce the pedestrian orientation of downtown Iowa City. io7a c -L- m. To provide for residential development within the project area, in order to enhance housing opportunities, especially for the low income, elderly, and handicapped in downtown Iowa City. n. To provide an environment which improves the attrac- tiveness of public transit in Iowa City, and which reinforces the viability of the public transit systems. o. To encourage the restoration and rehabilitation of structures within downtown Iowa City which are of architectural or historic significance. RESOLUTION NO. 80-475 RESOLUTION APPROVING THE PRELIMINARY DESIGN PLANS FOR LANDSCAPING AND SIGNAGE FOR OLD CAPITOL CENTER (URBAN RENEWAL PARCELS 83-1 AND 84-1). WHEREAS, the City Council of the City of Iowa City, Iowa, has, pursuant to Resolution 78-456, approved the preliminary design plans for the redevelopment of Urban Renewal Parcels 83-1 and 84-1, subject to the reservation of the right to review landscaping and signage prior to installation; and WHEREAS, Old Capitol Center Partners have submitted preliminary design plans for landscaping and signage for Urban Renewal Parcels 83-1 and 84-1; and WHEREAS, said preliminary design plans have been reviewed by the Design Review Committee; and WHEREAS, a recommendation from the Design Review Committee concerning said preliminary design plans has been received by the City Council; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the preliminary design plans for landscaping and signage submitted by Old Capitol Center Partners for Urban Renewal Parcels 83-1 and 84-1 (Old Capitol Center) are hereby approved, subject to the conditions and reservations set forth in Attachment A to this Resolution, which attachment is by this reference hereby incorporated herein; and BE IT FURTHER RESOLVED, that upon this approval, necessary permits for installation of landscaping and signage may be issued for this redevelopment project, contingent upon full compliance with all applicable codes and ordinances. It was moved by Roberts and seconded by Neuhauser the Resolution 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 21st day of October, 1980. YOR ATTEST: 1 41 CITY CLERK RTeived & Aptpfwv^d By a Legal Depaiimw -?7 -,PC /a ; '011"' Resolution No. 80-4 _ Page 2 ATTACHMENT A TO RESOLUTION NO. 80-475 The approval of the preliminary design plans for landscaping and signage submitted by Old Capitol Center Partners, as set forth in Resolution No. 80-475 , dated October 21 , 1980, is hereby made subject to The following conditions or reservations: That the following issues be referred back to the Design Review Committee for additional review and a further recommendation to the City Council: 1. Blue color in Old Capitol Center sign. 2. Orange color in the Osco Drug sign. 3. Theatre signage. iaa9 RESOLUTION NO. 80-476 RESOLUTION TO ISSUE DANCING PERMIT BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Dancing Permit as provided by law is hereby granted to the following named person and at the following described locations upon his filing an application, having endorsed thereon the certificates of the proper city officials as to having complied with all regulations and ordinances, and having a valid Class "B" Beer Permit or liquor control license, to wit: Anderson, Michael B. & Mark A. dba The Art Gallery, 1200 Gilbert Court It was moved by Vevera and seconded by Roberts that the Resolution as read e adopted, and upon rol ca t ere were: AYES: NAYS: ABSENT: Balmer x Lynch x Erdahl x Neuhauser x Perret x Roberts x Vevera x Passed and approved this 4th day of November 19 80. yor Attest: City Clerk ,0730 RESOLUTION NO. 80-477 RESOLUTION TO ISSUE CIGARETTE PERMITS WHEREAS, the following firms and persons have made appli- cation and paid the mulct tax required by law for the sale of cigarettes and cigarette papers; therefore, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the applications be granted and the City Clerk be and he/she is hereby directed to issue a permit to the following named persons and firms to sell cigarette papers and cigarettes: Iowa City American Legion Post #17, American Legion Road It was moved by Vevera and seconded by Roberts that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Balmer X Lvnch X Erdahl X Neuhauser X Perret X Roberts X Vevera X Passed and approved this 4th day of November 19 80 yor Attest: Ovy"_ J;e�_eL City Clerk 10731 2ESOLUTION NO. 80-478 RESOLUTION SETTING PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE IOWA CITY DOWNTOWN ELECTRICAL REVISIONS, PHASE I DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECT- ING CITY ENGINEER TO PLACE SAID PLANS, ETC., ON FILE FOR PUBLIC INSPECTION. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That a public hearing on the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project is to be held on the 18thday of November , 1980 at 7:30 p.m. in the Council Chambers, Civic Center, Iowa City, Iowa. 2. That the City Clerk is hereby authorized and directed to publish notice of the public hearing for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the city, not less than four (4) nor more than twenty (20) days before said hearing. 3. That the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project are hereby ordered placed on file by the City Engineer in the office of the City Clerk for public inspection. It was moved by Vevera and seconded by Roberts 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 4th day of November , 1980 ATTEST: ,651��4r11 Proceedings to Proceed With Issuance and sale Iowa City, Iowa November 4 , 1980 The City Council of Iowa City, Iowa, met in regular session on the 4th day of November , 1980, at 7:30 o'clock P .m., Civic Center , in the City pursuant to law and to the rules of said Council. The meeting was called to order and there were present John R. Balmer , Mayor, in the Chair, and the following named Council Members: Erdahl, Lynch, Neuhauser, Roberts, Vevera Absent: Perret The City Council investigated and found that notice of intention to issue Industrial Development Revenue Bonds (Stephens Project) in an aggregate principal amount not to exceed $100,000 had, as directed by the City Council, been duly given according to law. This being the time and place specified in the notice for the conduct of a public hearing on the proposal to issue such Bonds, the Mayor announced that all local residents attending the hearing would now be given an opportunity to express their views for or against the proposal to issue the Bonds. The following local residents attending the hearing expressed their views as follows: No one appeared. -1- /0? After all local residents who appeared at the hearing who desired to do so had expressed their views for or against the proposal to issue the Bonds, Council Member Roberts introduced a Resolution entitled: "Resolution to Proceed With the Issuance and Sale of Industrial Development Revenue Bonds (Stephens Project) in an aggregate principal amount not to exceed $100,000" and moved its adoption, seconded by Council Member Neuhauser After due consideration of said Resolution by the Council, the Mayor put the question on the motion and upon the roll being called, the following named Council Members voted: Ayes: Erdahl, Lynch, Neuhauser, Roberts, Vevera, Balmer Nays: None Whereupon, the Mayor declared said Resolution duly adopted and approval was signed thereto. Upon motion and vote the meeting adjourned. Atte - - 1 City Clerk (Seal) -2- ayor ia.3 PC 80-479 RESOLUTION Resolution to Proceed with the Issuance and Sale of Industrial Development Revenue Bonds (Stephens Project) in an aggregate principal amount not to exceed $100,000" WHEREAS, the City of Iowa City, Iowa, in the County of Johnson, State of Iowa (the "Issuer") is an incorporated municipality authorized and empowered by the provisions of Chapter 419 of the Code of Iowa, 1979, as amended (the "Act") to issue revenue bonds for the purpose of financing the cost of acquiring, by construction or purchase, land, buildings, improvements and equipment, or any interest therein, suitable for the use of commercial enterprises which the City Council of the Issuer as the governing body, finds is consistent with an urban renewal plan, adopted by the Issuer pursuant to Chapter 403 of the Code of Iowa; and WHEREAS, the Issuer has adopted an Urban Renewal Plan, Project No. Iowa R-14 (the "Urban Renewal Plan") for the Urban Renewal Area designated therein (the "Urban Renewal Area") and in furtherance of its efforts to carry out the Urban Renewal Plan the Issuer has been requested by Stephens of Iowa City, Inc. (the "Company") an Iowa corporation, to issue its industrial development revenue bonds to finance certain improvements and equipment (the "Project") suitable for use by the Company in its commercial enterprise to be located within the Urban Renewal Area of the Issuer, which will employ substantial numbers of people from and near the Issuer with the resulting increased employment, substantial payrolls and other public benefits flowing therefrom; and WHEREAS, it is proposed to finance all or a portion of the cost of the Project through the issuance of Industrial Development Revenue Bonds (Stephens Project) of the Issuer in an aggregate principal amount not to exceed $100,000 (the "Bonds") and to loan said amount to the Company under a Loan Agreement between the Issuer and the Company upon mutually agreeable terms, the obligation of which will be sufficient to pay the principal of and interest and redemption premium, if any, on the Bonds, as and when the same shall be due; and WHEREAS, notice of intention to issue the Bonds has, as directed by the City Council of the Issuer, been duly given in compliance with the Act; and WHEREAS, a public hearing has been held on the proposal to issue the Bonds at the time and place as specified in said notice and all objections or other comments relating to the issuance of the Bonds have been heard; NOW, THEREFORE, BE IT RESOLVED by the City Council of the Issuer, as follows: -3- 107.35, Section 1. It is hereby determined that the undertaking of the Project and the financing of the same is consistent with the Urban Renewal Plan and will promote urban renewal, rehabilitation and redevelopment of the Issuer, and will enhance the tax base of the Issuer, increase commerce within the Issuer and add to the welfare and prosperity of the Issuer and its citizens. Section 2. It is hereby determined it is necessary and advisable that the Issuer proceed with the issuance and sale of the Bonds as authorized and permitted by the Act to finance all or a portion of the cost of the Project, and such actions will be taken by the Issuer as may be required pursuant to the provisions of the Act to authorize, issue and sell the Bonds upon receiving reasonable advance notice and upon reaching mutually acceptable terms with the Company regarding such Bonds. Section 3. The Issuer will enter into all agreements prepared by Bond Counsel which are necessary to be entered into by the Issuer in connection with the issuance and sale of the Bonds. Prior to execution of said agreements by the Issuers all other parties, including the City Attorney and the Issuer's Bond Counsel shall approve all agreements to be entered into in connection with the issuance of the Bonds and such agreements shall be authorized and approved after due consideration by this Council prior to their execution by the Issuer. Section 4. The Mayor, the City Clerk and the City Attorney are hereby authorized and directed to do any and all things deemed necessary in order to effect the accomplishment of the Project and the issuance and sale of the Bonds. Section 5. All resolutions and parts thereof in conflict herewith are hereby repealed to the extent of such conflict. Section o. This Resolution shall become effective immediately upon its passage and approval. Passed and approved this 4th day of ' November , 1980. Att/ �� % v, City Clerk (Seal) A /,736 State of Iowa County of Johnson SS: City of Iowa City I, the undersigned, do hereby depose and certify that I am the duly appointed, qualified and acting City Clerk of the aforementioned City and that as such I have in my possession or have access to the complete corporate records of said City and of its Council and officers; that I have carefully compared the transcript hereto attached with the aforesaid corporate records; and that said transcript hereto attached is a true, correct and complete copy of all the corporate records in relation to the adoption of the Resolution to Proceed with the Issuance and Sale of Industrial Development Revenue Bonds (Stephens Project) in an aggregate principal amount not to exceed $100,000. WITNESS my hand and the corporate seal of said City hereto affixed this 5th day of November 1 1980. (Seal) Cal, IU City Clerk -5- /R 3 7 RESOLUTION NO. 80-480 RESOLUTION AMENDING THE CLASSIFICATION PLAN FOR CLASSIFIED PERSONNEL BY'THE CREATION OF A POSITION WHEREAS, the City of Iowa City, Iowa employs certain classified personnel, and, WHEREAS, it is necessary to amend the FY81 Pay Plan included in Resolution No. 80-91. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA, that Resolution No. 80-91 be amended by: The creation of one Public Service Trainee position in range 70 of the Administrative Pay Plan. It was moved by Lynch and seconded by Vevera that the Resolution be adopted, an 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 4th day of November 1980. ATTEST: 611�, I ty er Rec:. r i C. Apprvv ,1 Sy The Lsoal Dapartm nt a —Lr -;$4o - J.2-31 COMMENT: The position of Public Service Trainee will be filled exclusively by C.E.T.A. program participants employed on a temporary basis by the City of Iowa City. The participants' salary expenses will be funded entirely by C.E.T.A. and their employment will result in no cost to the City. Participants perform a variety of duties, i.e. Radio Dispatcher Trainee, Parking Enforcement Trainee, will be placed in this classification. C.E.T.A. has requested that this trainee classification and salary range be established to meet federal requirements. bc4/5 • ✓//r ?<- RESOLUTION NO. 8 0 - 4 81 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT FOR A WATER MAIN EXTENSION WITH MABEL CONKLIN WOODS. WHEREAS, the City of Iowa City, Iowa, has negotiated an agreement with Mabel Conklin Woods a copy of saida reeMe t being attachedto s Resolution s reference made a�eo>, and, WHEREAS, the City Council deems it in the public interest to enter into said agreement which binds Mabel Conklin Woods to pay the City $4.75 per lineal foot at such time she or subsequent owners tap the water main to be constructed by the City NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL: 1. That the Mayor and City Clerk are hereby authorized and directed to execute the agreement with Mabel Conklin Woods 2. That the City Clerk shall furnish copies of said agreement to any citizen requesting same. It was moved by Roberts and seconded by Vevera the Resolution be adopted, and upon roll call there were: AYES: NAYS: X X X x x X ATTEST: ABSENT: BALMER ERDAHL LYNCH NEUHAUSER X PERRET ROBERTS UVAD 7;1 Passed and approved this 4th day of November , 19 8Q 1 AGREEMENT FOR MAIN EXTENSION THIS AGREEMENT made this 13 `- day of j��,;,,�ia�/ 19 Pd , by and between the City of Iowa City (hereinafter referred to as CITY) and Mabel Conklin Woods, widow and single, of Iowa City, Iowa, (hereinafter referred to as "USER"). WHEREAS, the City of Iowa City is a municipal corporation authorized to act pursuant to the laws of the State of Iowa; and WHEREAS, the undersigned, being owners of the following described real estate located within the City limits of the City of Iowa City, Johnson County, Iowa, to -wit: The west 16z feet of the north half of the southeast quarter of the southwest quarter (N,SE,SW-Q of Section 2, Township 79, Range 6, West of the 5th P.M. and WHEREAS, said User wishes to have a water main installed in front of the above described property; and WHEREAS, the User and the City agree and understand that they do not wish to avail themselves to the rights and remedies as provided by Chapter 384, of the Code of Iowa, 1977, as to the installation of said water main. NOW, THEREFORE, IT IS HEREBY AGREED AND UNDERSTOOD THAT the City will install the water main at its own cost in front of the property owned by the User. Said mains and appurtenances are further described as follows: 6" D.I.P. with appropriate valves and hydrants to be located on the east side of Conklin Lane, from the hydrant on Conklin Lane 500' south to the property line of Hickory Hill Park. In consideration for the City's installation of said water main and appur- tenances, the User agrees to pay a fee of $4.75 per lineal foot at such time the User or subsequent owners of the land tap on to the water main. Further, it is understood that the owner, its assigns or successors and interests, agree to waive any rights or remedies afforded to it by the provisions of Chapter 384 of the Code of Iowa, 1977, and more specifically the cost of such improvements need not meet the requirements of notice, benefit or value as provided by the law of the State of Iowa for assessing such improvements. ,/."? goV Further, in consideration for the City constructing said main and appur- tenances, the owner agrees as a covenant running with the land that this agreement shall be binding on the owner, its assigns or successors and interests, purchasers of said property and all subsequent owners of the land described in this agreement. In addition, the User, its successors and assigns, will be responsible for the cost of service taps and all rehabilitation of such materials necessary to make a service tap. Dated this /Jr4 day of ,,t.4wtl 19 rJ , at Iowa City, Johnson County, Iowa. OWNER am Sworn and subscribed to before me this /9 cl day of -e-o ��lJ , 19 Oct . l �ia�J ate% Not -31y Public in and for Johnson County, Iowa My commission expires &d 19 9 -?- CITY OF IOWA CITY ATTEST: /, ,. 4 City Clerk la �4z -3 - State of Iowa ) ) SS County of Johnson) On this day of , in the year before me, , a notary public in and for said county of known to me to be the mayor, and , known to me to be the city clerk of the city of , the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. In witness whereof, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Notary Public in and for County, State of i PERMANENT WATER MAIN EASEMENT This agreement, made and entered into by and between Mabel Conklin Woods, widow, of include his/her or their City, Iowa, second party, assigns, witnesseth: first party, which expressions shall heirs, agents or assigns, and the City of Iowa which expressions shall include their agents or It is hereby agreed as follows: For the sum of $1.00 plus other valuable consideration, the receipt of which is hereby acknowledged, first party hereby grants and conveys to second party an easement for the purposes of excavating for and installation, replacement, maintenance and use of such lines, pipes, mains, and conduits as second party shall from time to time elect for conveying water with all necessary appliances and fittings for use in connection with said pipelines, together with adequate protection therefore, and also a right-of-way, with the right of ingress and egress thereto, including all the area described on Exhibit "A" attached to this easement and by this reference made a part hereof. First party further grants to second party: 1. The right of ingress to and egress from said strips over and across said line by means of roads and lanes thereon, if such there be; otherwise, by such route or routes as shall occasion the least practicable damage and inconvenience to first party. 2. Second party shall not fence said strip and second party shall promptly backfill any trench made by it on said strip and repair any damages it shall do to first party's private roads or lanes on said land. Second party shall indemnify first party against any loss and damage which shall be caused by the exercise of said ingress and egress, construction, and maintenance or by any wrongful or negligent act, omission of second party or of its agents or employees in the course of their employment. First party reserves the right to use said strips for purposes which will not interfere with second party's full enjoyment of their rights hereby granted; provided that first party shall not erect or construct any building or other structure, or drill or operate any well, or construct any reservoir or other obstruction on said area, or diminish or substantially add to the ground cover over said pipeline or construct fences or plant trees in said right-of-way, provided, however, that there may be constructed a fence perpendicular to said line if there is provided a gate for the use by the party of the second part. First party hereby covenants with second party that they are lawfully seized and possessed of the real estate above-described; that they have a good and lawful right to convey it, or any part thereof. The positions thereof shall inure to the benefit of and bind the successors and assigns of the respective parties hereto, and all covenants shall apply to and run with the land. Dated this a3 day of 1980. la fly STATE OF IOWA ) SS: JOHNSON COUNTY ) On this v3 day of 19 , before me. the undercianerl_ a Notary Public i.n and for said county, in said state, personally appeared AIIF[_ �on�au�u 6jooDS to me known to be the identical persons named in and who executed the within and foregoing instrument, and acknowledged that they executed the same as the voluntary act and deed. Notalry Public in and torsald County za? 9-$� EXHIBIT "A" Description of Acquired Easement: The following described real estate in Johnson County, Iowa: The west 16 1/2 feet of the north half of the southeast quarter of the south- west quarter (NzSE4SW4) of Section 2, Township 79, Range 6, West of the 5th. P.M. /a e�-s RESOLUTION NO. 80-482 RESOLUTION RESCINDING RESOLUTION NO. 80-473 AND AUTHORIZING THE DISPOSITION OF PUBLIC PROPERTY AT 916 SOUTH DUBUQUE STREET, 926 SOUTH DUBUQUE STREET AND 930 SOUTH DUBUQUE STREET, IOWA CITY, IOWA BY PUBLIC AUCTION. WHEREAS, a public hearing was held on October 7, 1980 on the proposal to dispose of public property at 916, 926 and 930 South Dubuque Street, and WHEREAS, Resolution No. 80-472 authorized the disposition of the house and garage at 926 South Dubuque Street, the house and garage at 930 South Dubuque Street, and the house at 916 South Dubuque Street by sealed bid proposals, and WHEREAS, Resolution No. 80-473 authorized the City Manager to execute an agreement for sale of said structures, and WHEREAS, the City Council of Iowa City, Iowa was not fully apprised of the minimum bid requirements in the bid proposals for the sale of said structures, and WHEREAS, the bids received on said structures were below the minimum bid requirements of the bid proposals, and WHEREAS, all prospective bidders should have equal opportunity to bid on said structures, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA: 1. That Resolution No. 80-473 be rescinded, and the bids received for the disposition of the structures are hereby rejected; and 2. That the City Clerk is directed to publish notice of a public auction for the disposal of the structures at 916 South Dubuque Street, 926 South Dubuque Street, and 930 South Dubuque Street, pursuant to the terms and conditions set forth in the proposal and contract attached hereto. It was moved by Roberts and seconded by Vevera that the Resolution 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 4th day of Nov. 1980. C VM YOR ATTEST: 6x/') CITY CLERK AUCTION PROPOSAL Date received File # Bid for Removal of House(s) Located on South Dubuque Street Name of Bidder Address of Bidder To: City Clerk City of Iowa City Iowa City, Iowa 52240 The undersigned bidder, having examined and determined the scope of the contract documents and successfully entered a bid herein at an auction held at on day of 1980. A. Proposal The undersigned, hereinafter designated as Buyer, the removal of the house(s) listed on specification the property locally know as offers to accomplish , attached hereto, at address(es). The undersigned hereby acknowledges that this Auction Proposal is contingent upon satisfaction of all requirements set forth in the Agreement attached hereto and reported by reference herein, and further that acceptance is final upon execution of all contract documents. B. Notice to Proceed Upon acceptance of this bid, submission of evidence of satisfactory insurance coverage, and execution of the agreement, the work will be started within 10 days after a written notice to proceed is delivered to the Buyer. Work will not proceed until all building permits have been issued by Building Inspector for the City of Iowa City. C. Time for Completion Work shall be completed within 60 days after Buyer proceeds. If the Buyer is unable to perform within this time period because of inclement weather, the time of performance may be extended in writing, signed by the Buyer and the City of Iowa City. When the work has been fully completed and certificate of occupancy issued, the Buyer's performance bond will be returned. 'la 07 2 For the consideration named therein, the Buyer proposes to purchase the house(s) located at and to fulfill all terms of the Contract for the lump sum price of The undersigned bidder certifies that this Auction Proposal is made in good faith, without collusion or connection with any other person or persons bidding on the work. The undersigned bidder states that this Auction Proposal is made in conformity with the contract documents and agrees that in the event of any discrepancies or differences between any conditions of his proposal and the contract documents prepared by the City of Iowa City, the provisions of the latter shall prevail. BUYER Name of Buyer Signature of Buyer Address of Buyer Date of Proposal and Bid ness L^ P nt AGREEMENT TO SELL This Agreement to Sell is made this day of 1980, by and between the City of Iowa City, Iowa, hereinafter called SELLER, and , hereinafter called BUYER. WHEREAS, the City of Iowa City, Iowa, is authorized and empowered by state law to enter into agreements for the disposal of property owned by the City of Iowa City, Iowa, and WHEREAS, Resolution No. authorized the sale of certain property in the Lower Ralston Creek project area, and WHEREAS, of County, State of Iowa, submitted a bid of dollars ($ ) for the following described property: NOW, THEREFORE, the BUYER and SELLER hereby mutually covenant and agree to the following terms, covenants and conditions: 1. THE SELLER is the owner of the following described property and has the right to sell and convey the same; to -wit: 2. That the BUYER agrees to pay SELLER the sum of dollars ($ ) as the purchase price for the property described in paragraph one above. 3. That upon tender of the agreed amount of money for the property described in paragraph one above, the SELLER has agreed to convey the same to the BUYER. 4. That the BUYER agrees to apply for and be issued a building permit for demolition of said property within 60 days from the date of this /a V-9 2 Agreement; BUYER further agrees to remove said property from its present location within sixty (60) days of the date of this agreement. 5. FORCED DELAY IN PERFORMANCE. Neither the SELLER nor the BUYER, nor any successor in interest, shall be considered in breach, or default of, its obligations with respect to the preparation of the property for demolition, or the commencement and completion of removal or demolition, in the event of enforced delay in performance of such obligations due to unforeseeable causes beyond its control and without its fault or negligence. The time for the performance of the obligations shall be extended for the period of the enforced delay, as determined by the SELLER, if the party seeking the expenses shall request it in writing of the other party within ten (10) days after the beginning of the enforced delay. 6. REMEDIES. In General. Except as otherwise provided in this Agreement, in the event of any default in or breach of the Agreement or any of its terms or conditions, by either party hereto, or any successor to such party, such party (or successor) shall, upon written notice from the other, proceed immediately to cure or remedy such default or breach, and, in any event, within sixty (60) days after receipt of such notice. In case such action is not taken or not diligently pursued, or the default or breach shall not be cured or remedied within a reasonable time, the agreed party may institute such proceedings as may be necessary or desirable in its opinion to cure or remedy such default or breach, including, but not limited, proceedings to compel specific performance by the party in default or breach of its obligations. 7. BUYER shall, prior to and subsequent to demolition of said property, remove all rubbish and trash within said property and shall haul the trash and rubbish to the municipal sanitary landfill at his/her own expense. BUYER agrees to comply with standards and practices for protection of job site, trenching,' movement of heavy equipment and other similar standards for demolition as set forth in the Uniform Building Code. 8. BUYER shall, after the completion of the demolition of said property, fill the basement level with the adjoining ground using clean, compacted fill dirt. 9. In addition to the above -stated consideration, BUYER shall deposit with the Director of Finance of the City of Iowa City, Iowa, a performance bond of five thousand dollars ($5,000) per structure to be moved. 10. That upon a showing by BUYER to the SELLER that the terms, covenants and conditions stated herein are complied with and upon SELLER'S approval of BUYER'S performance, SELLER shall refund to BUYER, BUYER'S performance bond, after deducting a sum sufficient to pay for any and all costs, damages and expenses incurred by the SELLER by reason of removal of said property. /aso 11. Failure of performance by BUYER of any of the terms, covenants and conditions of this Agreement shall constitute a breach of contract and SELLER, in addition to any and all of the legal and equitable remedies which it may have, in its option, may proceed to cancel this contract and forfeit BUYER'S performance bond together with all monies paid to SELLER as compensation for the use of said property, and/or as liquidated damages for breach of contract. 12. This Agreement shall be binding upon the heirs, executors, admini- strators, assigns, and successors of the parties hereto, and no provisions, terms, or obligations herein contained shall be affected, modified, altered or changed in any respect whatsoever without an expressed written agreement between the parties involved to do so. Further, any and all heirs, executors, administrators, assigns, and successors shall be bound by the terms and conditions of this agreement and accept the responsibility for full performance of these conditions. 13. CONFLICT OF INTEREST: SELLER'S REPRESENTATIVES NOT INDIVIDUALL LIABLE. No member, official, or employee of SELLER shall have any personal interest, direct or indirect, in this Agreement, nor shall any member, official, or employee participate in any decision relating to this agreement which affect his/her personal interests or the interests of any corporation, partnership, or association in which she/he is, directly or indirectly, interested. No member, official, or employee of the SELLER shall be personally liable to the BUYER or any successor in interest, in the event of any default or breach by the SELLER or for any amount which may become due to the BUYER or successor or on any obligation under the terms of this Agreement. 14. ACCIDENT PREVENTION. The BUYER shall exercise proper precaution at all times for the protection of persons and property including any barricading, flagmen and/or fencing required to protect the public, which protections shall be provided at BUYER'S expense, and shall be responsible for all injury or damages to persons or property, either on or off-site, which occur as a result of his/her prosecution of the work. The State's revisions of all applicable laws and building and construction codes shall be observed and the BUYER shall take or cause to be taken such additional safety and health measures as the City of Iowa City may determine to be reasonably necessary. 15. The BUYER shall indemnify and save harmless the City of Iowa City from liability for any injury or damages to persons or property resulting from the prosecution of work under this contract. 16. INSURANCE. (See Sec. 8-63 of the Iowa City Code) The BUYER shall file with the Building Inspector a liability insurance policy issued by an insurance company authorized to do business in the state, protecting the BUYER and the City and its officials, providing for coverage of fifty thousand dollars ($50,000.00) for any property damage, one hundred thousand dollars ($100,000.00) for injuries to any one person, and three hundred thousand dollars ($300,000.00) for injuries to all persons in any one accident, which policy may be a blanket insurance policy covering all house moving for which the applicant has obtained a permit. Such /a5/ 4 policy shall inure to the benefit of the City and the City shall be named insured therein for the use and benefit of any person intended to be protected therby and shall be conditioned on the payment of any damage to public or private property and the payment for any damages or losses resulting from any malfeasance, misfeasance, nonfeasance or negligence in connection with any of the activities or conditions upon which the permit applied for is granted. 17. Storage of salvage materials and equipment on the project site will be permitted only for the duration of this contract, and the storage shall at no time interfere with the activities of the City of Iowa City or other parties. 18. The properties are sold "as is," without warranty as to condition, suitability for relocation in city limits, liability, etc. 19. Parties agrees this Agreement shall be binding on their respective successors in interest; but in no event shall this Agreement be assigned without written consent of CITY. Dated this _ day of FOR CITY: CITY MANAGER ATTEST: CITY CLERK FL•Pd�1A FOR BUYER: /07 3. 916 S. Dubuque: a. The house contains 1,043 square feet, brick construction. b. A six room house including living room, dining room, kitchen, and three bedrooms. C. It has one bath. d. Fairly new gas furnace. e. Aluminum siding. f. Combination aluminum storms and screens. g. One-story. h. Plaster walls. i. 40 -gallon hot water heater. i �S3 RESOLUTION NO. 80-483 RESOLUTION ADOPTING SUPPLEMENT NUMBER SIX TO THE CODE OF ORDINANCES OF THE CITY OF IOWA CITY, IOWA. WHEREAS, the Municipal Code Corporation has prepared the sixth supplement to the Code of Ordinances of the City of Iowa City, Iowa, and, WHEREAS, it is deemed appropriate to adopt supplement number six by resolution as a part of the said Code of Ordinances, NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That supplement number six to the Code of Ordinances of the City of Iowa City, Iowa, attached to this Resolution as Exhibit A, and by this reference made a part hereof, is hereby officially adopted as a part of the said Code of Ordinances. 2. That the Mayor is hereby authorized to sign, and the City Clerk to attest, this Resolution. It was moved by Vevera and seconded by Roberts 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 4thday of November , 1980. �� t/L ��<--i AYOR ATTEST: C Y CLERK 7 is s54 9 RESOLUTION NO. 80-484 RESOLUTION SETTING PARKING RATES FOR THE IOWA CITY PARKING SYSTEM WHEREAS, Chapter 23, Division 3, Code of Iowa City, establishes provisions for parking meter zones and parking lots, and WHEREAS, two multi-level parking facilities known as the Capitol Street Ramp and the Dubuque Street Ramp, have been constructed with the proceeds from a Parking Revenue Bond Issue, and WHEREAS, both parking ramps will be open for operation effective November 10, 1980. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, that: Effective November 10, 1980, the parking rates for both parking ramps will be as follows: 8:00 a. m. - 10:00 p. m., Monday -Saturday: 254 per hour 10:00 p.m. - 8:00 a.m. on the following morning, Monday -Saturday night: 504 flat fee for any length of time during those hours 8:00 a.m., Sunday - 8:00 a.m., Monday: no charge It was moved by Vevera 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 4th day of �Noovvember 1980. ATTEST: (/Z6 CITY CLERK RESOLUTION NO. 80-485 RESOLUTION AMENDING THE NUMBER OF AUTHORIZED POSITIONS IN THE FINANCE DEPARTMENT WHEREAS, Resolution 80-91 adopted by the City Council on March 11, 1980, establishing an operating budget for Fiscal Year 1981 authorizes all positions, and, WHEREAS, the staffing needs in the Department have changed due to the purchase of a computer, and, WHEREAS, the amendment to the authorized positions will not require additional funding in the Fiscal Year 1981 Operating Budget, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, I014A, that total authorized positions in the Finance Department be amended by the addition of one Information Specialist position (Range 9). It was moved by Neuhauser and seconded by Erdahl 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 4th day of November 1980.8 MAYOR ATTEST: CITY CLERK to+rn Ai a- 44 RESOLUTION NO. 80-486 RESOLUTION AUTHORIZING THE SALE OF REAL PROPERTY OWNED BY THE CITY OF IOWA CITY AND LOCATED IN BLOCKS 25 AND 26 OF EAST IOWA CITY (VACATED F STREET R.O.W. BETWEEN MUSCATINE AVENUE AND 3RD STREET). WHEREAS, The City of Iowa City owns the following desribed real property: Beginning at the intersection of the Northeasterly line of Muscatine Avenue and the South line of Block 25 of East Iowa City as platted and recorded in Johnson County, Book 1, page 92; thence East 255.05 feet to the Southeast corner of said Block 25; thence S 0° 00'45" E, 75.0 feet to the Northeast corner of Block 26 of said East Iowa City; thence West 172.90 feet on the North line of said Block 26 to the Northeasterly line of Muscatine Avenue; thence N 470 36'38" W, 111.25 feet to the point of beginning. Said tract containing 16,048.00 square feet; and WHEREAS, the City desires to sell a portion of the above-described property to Helen Svatos, more particularly described as follows: Beginning at the intersection of the Northeasterly R.O.W. line of Muscatine Avenue and the south line of Block 25, East Iowa City as platted and recorded in Johnson County Book 1, Page 92; thence East along said south line of Block 25 85.05 feet; thence southwesterly 68.10 feet to a point on the Northeasterly R.O.W. line of Muscatine Avenue which is S 47° 36'38" E. 30.00 feet from the point of beginning; thence N 47° 36'38" W 30.00 feet to the point of beginning; and WHEREAS, the City desires to sell the other portion of the above-described property to John F. and Karen L. Gillespie and Michael A. and Helen L. Rittenmeyer, more particularly described as the parcel described in the first clause above excepting the smaller portion described immediately above, and WHEREAS, the proposed sale will be subject to the following terms: The price for the sale of the above-described real property will be $18,000. Prior to conveyance the City shall convey an easement to Iowa -Illinois Gas and Electric, fifteen feet in width, over the existing gas line on the property, and WHEREAS, a public hearing on the proposed sale of this property was held or the 21st day of October, 1980, at the City Council Chambers, Civic Center, 410 E. Washington St., Iowa City, Iowa. /0757 2 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the City is authorized to convey the above described real estate to the parties described above for the sum of $18,000. 2. That the Mayor is authorized to sign, and the City Clerk to attest, an Easement and two (2) Warranty Deeds conveying the above-described property. It was moved by Neuhauser and seconded by Erdahl that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x Erdahl Abstaidynch x_ Neuhauser x Perret X Roberts x Vevera Passed and approved this 4th day of November , 1980. OR ATTEST: lt/ CITY CLERK Pu'3csfV6dli & Approv^d `Eho ERR' al Daparrn_�M t. �T /U -31 -IM IOWA STATE BAR ASSOCIATION Official Form No. 1.1 n...........a m,.., sm. w .... ...,1 FOR THE LEGAL EFFECT OF THE 115E :orf WARRANTY DEED Rnolu All Alen Up Thea VJre5ellt5: That The City of Iowa City, Iowa a municipal corporation ___ ----_ in cor.i6,-ation of the sem of. _ One dollar L1_00) and other valuable consideration in hand paid do hereby Convey unto _John F. Gillispie and Karen L. Gillispie_and Michael__ A. Rittenmeyer and Helen L. Rittenmeyer, as tenants in common Grantees' Address: the following described real estate, situated in _—__ _Johnson —County, Iowa, 'o w;l. Beginning at the intersection of the Northeasterly line of Muscatine Avenue and the South line of Block 25 of East Iowa City as platted and recorded in Johnson County, Book 1, page 92; thence East 255.05 feet to the Southeast corner of said Block 25; thence S 00 00'45" E, 75.0 feet to the Northeast corner of Block 26 of said East Iowa City; thence West 172.90 feet on the North line of said Block 26 to the Northeasterly line of Muscatine Avenue; thence N 470 36'38" W, 111.25 feet to the point of beginning; excepting therefrom the following described property: Beginning at the intersection of the Northeasterly R.O.W. line of Muscatine Avenue and the south line of Block 25, East Iowa City as platted and recorded in Johnson County Book 1,Page 92; thence East along said south line of Block 25 85.05 feet; thence southwesterly 68.10 feet to a point on the Northeasterly R.O.W. line of Muscatine Avenue which is S 470 36'38" E 30.00 feet from the point of beginning; thence N 470 36'38" W 30.00 feet to the point of beginning, And the grantors do Hereby Covenant with the said grantees, and successors in interest, that said gre—crs hold said real estate by title in fee simple; that they have good and lawful authority to sell and convey the same; that said premises are Free and Clear of all Liens and Encumbrances Whatsoever except as may be above stated: and said grantors Covenant to Warrant and Defend the said premises against the lawful claims of all persons whomsoe+er, except as may be above stated. Each of the undersigned hereby relinquishes all rights of dower, homestead and distributive share in and to the described premises. Words and phrases heroin including acknowle ment hereof shall be construed as in the singular or plural number, and as masculine or feminine gender, according to the confect. / Signed this LIF% day o v 19 h'/. STATE OF IOWA —1 / )} ss. COUNTY OF h/'71/ ' On Ais_,[L—clay t" � L 19�Gbefore me, the undersigned, a Notary Public in and for said County and State, personally appeared John Balmer- known to me to be the Mayor, and Abbie Stolfus, known to me to be the City Clerk of the City of Iowa City, the corporation that John Balmer, Mayor Abbie Stol us, City Clerk executed the within instrument, and acknowledged (Grantors' address) 0 m% the 5 C corpora ion ex cu e e same. k:tRXX$xxxilR N X•'R"AR�CR SPRX C X X �x 'OA R r x X a w v x x r. wR x 1c x w x�x x "' "' _,',,,,..... . ~.._.............................._...... Notary Public in and for said County and State RESOLUTION NO. 80-487 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR THE SALE OF LAND FOR PRIVATE REDEVELOPMENT BY AND BETWEEN THE CITY OF IOWA CITY AND PLAZA TOWERS ASSOCIATES (URBAN RENEWAL PARCEL NO. 64-1). WHEREAS, the City of Iowa City, Iowa, has under date September 2, 1970, entered into a contract for loan and grant with the United States of America; and, WHEREAS, the City of Iowa City, Iowa, has undertaken pursuant to said contract an Urban Renewal Project known as the City -University Project I, Project Number Iowa R-14; and, WHEREAS, the City of Iowa City, Iowa, has received an entitlement of funds pursuant to the Housing and Community Development Act of 1974; and, WHEREAS, the City of Iowa City, Iowa, has pursuant to the provisions of Title 24, Part 570, Section 570.801(c), of the Code of Federal Regulations, transferred Community Development Block Grant funds to said Urban Renewal Project, and transferred control of certain real property acquired in carrying out said Urban Renewal Project to the City Council of the City of Iowa City from the City Council acting as LPA, by Resolution Number 76-446, dated December 14, 1976, and by Resolution No. 77-312, dated August 9, 1977; and, WHEREAS, the City Council of Iowa City, Iowa, caused to be issued a solicitation of Offers to Purchase Land for Private Redevelopment; and, WHEREAS, Offers to Purchase Land for Private Redevelopment were received and opened by the City of Iowa City on April 8, 1980; and WHEREAS, the City Council of the City of Iowa City desires to accept the redevelopment proposal submitted by Plaza Towers Associates, a joint venture, and enter into a Contract for Sale of Land for Private Redevelop- ment with Plaza Towers Associates; and WHEREAS, the City Clerk, pursuant to Resolution 80-412, caused to be published on September 18, 1980, notice of the City's intent to accept said proposal and enter into a Contract for Sale of Land for Private Redevelopment with Plaza Towers Associates; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that pursuant to the authority granted by Section 403 of the 1979 Code of Iowa and Section 570.801(c) of Part 570, Title 24, Code of Federal Regulations, the Mayor is hereby authorized and directed to sign and the City Clerk to attest, on behalf of the City, a Contract for Sale of Land for Private Redevelopment (Urban Renewal Parcel No. 64-1) by and between the City of Iowa City and Plaza Towers Associates, a joint venture of Plaza Retail Associates and Towers Hotel Associates. Resolution No 0-487 Page 2 It was moved by Lynch and seconded by Vevera the Resolution 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 4th day of Nov. 1980. MAYOR ATTEST: CITY CLERK Q =�ved l'iecaivsa . F' By The Legal 4/ ffd /07 Gd Part I of CONTRACT FOR .. SALE OF LAND FOR PRIVATE REDEVELOPMENT By and Between Plaza Towers Associates Wore The City of Iowa City, Iowa 10241 CONTRACT FOR SALE OF LAND FOR PRIVATE REDEVELOPMENT AGREEMENT, consisting of this Part I and Part II annexed hereto and made a part hereof (which Part I and Part II are together hereinafter called "Agreement"), made on or as of the day of 19 by and between the City of a City, Iowa, a'public body corporate which, together with any successor public body or officer hereafter designated by or pursuant to law, is hereinafter called the "City"), established pursuant to the statutes of the State of Iowa pertaining to Municipalities, Cities, Towns, and particularly Chapter 403 of the Code of Iowa as amended (hereinafter called "Urban Renewal Act") and having its office at the Civic Center in the City of Iowa City, State of Iowa, and Plaza Towers Associates, a Joint Venture organized and existing under the laws of the State of Iowa (hereinafter called "Redeveloper") and having an office for the transaction of business at 200 Plaza Centre One in the City of Iowa City, County of Johnson, and State of Iowa, WITNESSETH: WHEREAS, in furtherance of the objectives of the Urban renewal Act, the City has undertaken a program for the clearance and reconstruction or rehabilitation of slum and blighted areas in the City, and in this connection is engaged in carrying out an urban renewal project (hereinafter called "Project") in an area (hereinafter called the "Project Area") located in the City; and WHEREAS, as of the date of this Agreement there has been prepared and approved by the City an urban renewal plan for the Project, consisting of The Urban Renewal Plan, dated September 3, 1969, by Resolution No. 2157, as amended from time to time and as it may hereafter be further amended pursuant to law (as so constituted is, unless otherwise indicated by the context, hereinafter called "Urban Renewal Plan"), and WHEREAS, a copy of the Urban Renewal Plan as constituted on the date of the Agreement has been recorded among the land records for the place in which the Project Area is situated, namely, in the Office of the Johnson County Recorder in Book 558, at page 40, and has been filed in the Office of the Clerk of the City located at the Civic Center in the City; and WHEREAS, in order to enable the City to achieve the objectives of the Urban Renewal Plan and particularly to make the land in the Project Area available for redevelopment by private enterprise for redevelopment in accordance with the Urban Renewal Plan, both the Federal Government and the City have undertaken to provide and have provided substantial aid and assistance through a Contract for Loan and Capital Grant dated September 2, 1970, in the case of the Federal Government; and WHEREAS, pursuant to Chapter 403, Code of Iowa as amended, the City has offered to sell and the Redeveloper is willing to purchase certain real property located in the Project Area and more particularly described in Schedule A annexed hereto and made a part hereof (which property as so described is hereinafter called "Property") and to redevelop the Property for and in accordance with the uses specified in the Urban Renewal Plan and in accordance with the Agreement; and I-1 WHEREAS, the City believes that the redevelopment of the Property pursuant to the Agreement, and the fulfillment generally of the Agreement, are in the vital and best interests of the City and health, safety, morals, and welfare of its residents, and in accord with the public purposes and provisions of the applicable Federal, State, and local laws and requirements under which the Project has been undertaken;'and WHEREAS, the City has acquired title to certain property described in Schedule A hereof; NOW, THEREFORE, in consideration of the premises and the mutual obligations of the parties hereto, each of them does hereby covenant and agree with the other as follows: SECTION 1. SALE: PURCHASE PRICE Subject to all terms, covenants, and conditions of the Agreement, the City will sell the property described in Schedule A hereof to the Redeveloper for, and the Redeveloper will purchase the property from the City and pay therefor, the amount set forth in Schedp:le B hereof, subject to the terms and conditions of Section 2 of this Agreement. The amount set forth in Schedule B, hereinafter called Purchase Price," is to be paid in cash or by certified check simultaneously with the delivery of the deeds conveying the property to the Redeveloper. SECTION 2. CONVEYANCE OF PROPERTY (a) Form of Deed. The City shall convey to the Redeveloper title to the property by Special Warranty Deed (hereinafter called "Deed"). Such conveyance and title shall, in addition to the condition subsequently provided for in Section 704, Part II, hereof, and to all other conditions, covenants, and restrictions set forth or referred to elsewhere in the Agreement, be subject to: (1) Such easements as it shall have been necessary, pursuant to the Urban Renewal Plan, for the City to reserve, for itself or for future dedication or grant, for sewers, drains, water and gas distribution lines, electric, telephone, and telegraph installations, rights-of-way and access, or as described or referred to in Schedule A, description of property, attached hereto and referenced as a part hereof; (2) All conditions, covenants and restrictions contained in said Urban Renewal Plan and Part I and II of this Contract. (b) Time and Place for Delivery of Deeds. The City shall deliver the Deed and possession of the property to the Redeveloper upon payment of the purchase price in full upon such dates as called for in this Agreement. Conveyance shall be made at the principal office of the City and the Redeveloper shall accept such conveyance and pay to the City at such time and place the purchase price in full for each parcel delivered. I-2 �aG3 (c) Recording of Deeds. The Redeveloper shall promptly file the ei�e7or recording among the land records of Johnson County, Iowa. The redeveloper shall pay all costs for so recording said Deed. (d) Delivery of the Abstract. The City will furnish to the Redeveloper in advance of the closing on the parcel, an abstract of title showing good marketable title in the City of Iowa City, Iowa, free and clear of all taxes, assessments or other encumbrances except as herein specified. The abstract of title shall be at City expense and will be certified by a qualified abstracting company to the close of business as the closest practical date prior to the date of the deed of conveyance. The cost of obtaining an attorney's examination of the abstract for title opinion and/or the cost of obtaining title insurance, if required, shall be at the expense of the Redeveloper. (e) Deliveryy of Property. The City will deliver the property e�iTie�in c e u e A hereof at the time set forth in Schedule C hereof. The Redeveloper agrees to pay for and accept title of such property as called for in this Agreement and agrees to begin development promptly on the property conveyed within the time called for in this Agreement. Failure by the Redeveloper to pay for and accept delivery of the urban renewal land as called for herein will result in forfeiture of the deposits posted with the City by the Redeveloper attributable to such property, without limiting the City as to other remedies against the Redeveloper. In the event the City is unable to deliver the property as called for in Schedule C to the Redeveloper, the Redeveloper shall have the: option of rescinding the development contract by causing a written notice to be served upon the City of the exercise of such option. Upon receipt by the City of this notice, the City shall have sixty (60) days to cure the default by tendering the property covered in the notice to the Redeveloper. If the City is unable to cure the default within the sixty (60) days as provided herein, the Redeveloper shall, at its option, stand relieved of its obligation to accept the parcel involved and the City shall, in such event, promptly refund the Redeveloper's good faith deposit, referred to in Section 3 hereof. It is expressly understood and agreed that the City shall have no other liability, direct or indirect, to the Redeveloper on account of delay or inability to deliver land to the Redeveloper as called for in this Agreement and the Redeveloper's remedy in the event of default by the City in delivery of urban renewal land is hereby specifically limited to rescinding the contract as to such land as provided in this paragraph. (f) Default by Developer. In the event the Redeveloper fails to accept delivery of and pay for the property described herein, as called for in this Agreement, the City may, at its option, call the entire Agreement in default, serve a proper notice of forfeiture upon the Redeveloper, and terminate this Agreement in its entirety. I-3 /a4 fc (g) Condition Precedent to Conveyance. The City's obligation to convey to the Redeveloper title to the property described herein is subject to the condition precedent concerning financing as set forth in Schedule C hereof. SECTION 3. GOOD FAITH DEPOSIT (a) Amount. The Redeveloper has, prior to or simultaneously with the execution of the Agreement by the City, delivered to the City a good faith deposit or a surety bond in the penal amount of Twenty -Five Thousand ($25,000.00) Dollars, (ten percent (10%) of the purchase price), in which the City is the obligee, issued by a surety company regularly engaged in the issuance of such undertakings and on the list of surety companies approved by the United States Treasury for at least such amount, or cash, or a certified check satisfactory to the City in the amount of Twenty -Five Thousand ($25,000.00) Dollars, hereinafter called "Deposit," as security for the performance of the obligations of the Redeveloper to be performed prior to the return of the Deposit to the dRedeveloper, or its retention by the City as liquidated damages, as the case may be, in accordance with the Agreement. The Deposit, if cash or certified check, shall be deposited in an account of the City in a bank or trust company selected by it. (b) Interest. The City shall be under no obligation to pay or earn interest on the Deposit, but if interest is payable thereon such interest when received by the City shall be promptly paid to the Redeveloper. (c) Retention by Citi. Upon termination of the Agreement as provided in Sections 703 and 704 of Part II hereof, the Deposit or the proceeds of the Deposit, if not theretofore returned to the Redeveloper pursuant to Paragraph (d) of this Section, including all interest payable to such Deposit or the proceeds thereof after such termination, shall be retained by the City Agency as provided in Sections 703 and 704 of Part II hereof. (d) Return to Redeveloper. Upon issuance of both Certificates of Completion as called for in Section 305 of Part II hereof, or upon termination of the Agreement as provided in Section 702 of Part II hereof, the Deposit shall be returned to the Redeveloper by the City. SECTION 4. TIME FOR COMMENCEMENT AND COMPLETION OF IMPROVEMENTS The construction of the Improvements called for in this Agreement shall be commenced and completed in accordance with Schedule D hereof. Provided, that if a mortgage securing money loaned to finance the Improvements, or any part thereof, is insured by the Secretary of Housing and Urban Development, then the aforesaid completion time shall not apply, but instead the construction of the I-4 Improvements, or any part thereof, shall be completed within the time specified in the applicable Building Loan Agreement approved by the Secretary of Housing and Urban Development. SECTION 5. TIME FOR CERTAIN OTHER ACTIONS (a) Time for Submission of Preliminary Design Plans. The Redeveloper shall submit Preliminary Design Plans as called for in Section 301 of Part II of this Agreement on or before September 1, 1980. (b) Time for Submission of Construction Plans. The Redeveloper shall submit construction plans as called for in Section 301 of Part II of this Agreement as soon as possible after approval of the Preliminary Design Plans by .the City Council, and in no event later than the date of conveyance as set forth in Schedule C hereof. (c) Time for Submission of Corrected Plans. In the event that Preliminary Design Plans or Construction Plans are rejected by the City, as set forth in Section 301 of Part II of this Agreement, the Redeveloper shall submit corrected plans within thirty (30) days of said rejection. (d) If any hardship shall exist in complying with the foregoing provisions of this Section, the Redeveloper may petition to the City in writing for an extension of time for performance of any part of this Section, setting forth in detail the reasons for needing such extension. SECTION 6. PERIOD OF DURATION OF COVENANT ON USE The covenants pertaining to the use of the Property, set forth in Paragraph (a) of Section 401 of Part II hereof, shall remain in effect from the date of the Deed until October 2, 1994, the period specified or referred to in the Urban Renewal Plan, and shall automatically extend for five year periods thereafter, unless changed by the City Council. SECTION 7. NOTICES AND DEMANDS A notice, demand, or other communication under the Agreement by either party to the other shall be sufficiently given or delivered if it is dispatched by registered or certified mail, postage prepaid, return receipt requested, or delivered personally, and (i) in the case of the Redeveloper, is addressed to or delivered personally to the Redeveloper at I-5 ia4,�W Plaza Towers Associates 200 Plaza Centre One Iowa City, Iowa 52240 AND (ii) in the case of the City, is addressed to or delivered personally to the: City Manager Civic Center 410 E. Washington St. Iowa City, Iowa 52240 or at such other address with respect to either such party as that may, from time to time, designate in writing and forward to the other as provided in this Section. SECTION 8. COUNTERPARTS The Agreement is executed in three (3) counterparts, each of which shall constitute one and the same instruments. SECTION 9. DEPOSIT AND FINANCING FEES FOR INDUSTRIAL REVENUE BONDS If the Redeveloper requests that the City issue industrial revenue bonds for this redevelopment project, the following terms and conditions shall apply: a. The Redeveloper shall submit to the City a Deposit in the amount of $30,000 on or before the execution of this contract. b. Upon issuance of industrial revenue bonds, the Redeveloper shall pay to the City Financing Fees equal to the sum of: $10.00 per $1,000 of bonds for the first $1,000,000 of bonds; $5.00 per $1,000 of bonds for the next $4,000,000 of bonds; and $2.00 per $1,000 of bonds in excess of $5,000,000 in bonds. C. To the extent that said $30,000.00 Deposit is not required by the City for its bond related expenses, said Deposit shall be refunded. SECTION 10. SUBMISSION OF DETAILED FINANCIAL INFORMATION The Redeveloper shall submit to the City, on or before November 28, 1980, or upon such earlier or later request of the City, the detailed financial information necessary to support the issuance of industrial revenue bonds. HE /a(-"7 IN WITNESS WHEREOF, the City has caused the Agreement to be duly executed in its name and behalf by its Mayor and its seal to be hereunto duly affixed and attested by its City Clerk, and the Redeveloper has caused the Agreement to be duly executed in its name and behalf by its Joint Venturer Partners, on or as of the day first above written. ATT T: CITY OF IOWA CITY, IOWA j BY• C Y CLERK 4AYOR ' %Atttteest: 14 ' Se retary Attest: alo�"-3 ASecrrary Attest:(7�^+ i Sec etary PLAZA TOWERS ASSOCIATES (REDEVELOPER) BY: PLAZA RETAIL ASSOCIATES I-7 By: HIERON, INC. i / President By: OLD CAPITOL BUSINESS CENTER COMPANY By: Hieron, Inc., General Partner By President By: Investments Incorporated, General Partner �!„ 1 I President By: CITY PLAZA LIMITED PARTNERSHIP By: Old Capitol Business Center Company, General Partner By Hieron, Inc. By -2 President /'R 6 gr Attest: Assistant Secreta y Attest: Assistant Secre ary STATE OF IOWA ss. COUNTY OF JOHNSON By: Investments Incorporated BY President By: MEADOW LINK INCORPORATE BY d1--zjA Vic e- 0resident TOWERS HOTEL ASSOCIATES BY: INVESTMENTS INCORPORATED By,151Lq'-'� President By: COLLEGE TOWERS LIMITED PARTNERSHIP BY � 0 024 x / — IndiJiAual General Partner By Investments Incorporated, Corporate General Partner BY President By: MEADOW LINK INCORPORATED/ By Vi e" President On this 16 day of ,,, , A.D., 1981, before me, a Notary Public duly commissioned an qualified in and for said County and State, personally appeared John R. Balmer, Mayor of the City of Iowa City, Iowa, and Abbie Stolfus, City Clerk of said City, each being to me personally known to be the identical persons and officers named in the foregoing instrument, who executed the same under and by virtue of the authority vested in them by the City Council of said City, and each for himself/herself acknowledged the execution thereof to be his/her voluntary act and deed for purposes herein expressed. f�33 IN TESTIMONY WHEREOF, I have hereunto set my hand and Notarial Seal at Iowa City, Iowa, the day and year last above written. Notai`y Public in and for the State of Iowa STATE OF IOWA ss. JOHNSON COUNTY On this 26thday of March , 1981, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Wilfreda Hieronymus and Albert N. Hieronymus (herein called "Declarants"), to me personally known, who, being by me duly sworn, did say that they are the President and Secretary, respectively, of Hieron, Inc. (herein called "Hieron"), an Iowa corporation executing the within and foregoing instru- ment; that the seal affixed thereto is the seal of said corporation; that said instrument was signed and sealed on behalf of said corporation by authority of its Board of Directors, and that the said Declarants, as such officers, acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed, and further, that Hieron is a General Partner of Old Capitol Business Center Company, an Iowa Limited Partnership (herein called "OCBCC"), which is itself a General Partner of City Plaza Limited Partner- ship, an Iowa Limited Partnership (herein called "CPLP"); that Hieron, OCBCC and CPLP are also Joint Venture Partners in Plaza Retail Associates, an Iowa Joint Venture Partnership (herein called "Plaza Retail"); and that Plaza Retail is a Joint Venture Partner in Plaza Towers Associates, an Iowa Joint Venture Partnership (herein called "Plaza Towers"); and that the foregoing instrument was signed on behalf of Plaza Towers by Plaza Retail, as its Joint Venture Partner; Plaza Retail by Hieron, as its Joint Venture Partner; by OCBCC, its Joint Venture Partner, by Hieron, its General Partner; and by CPLP, its Joint Venture Partner, by OCBCC, its General Partner, by Hieron, its General Partner; and Declarants acknowledged the execution of said instrument to be the voluntary act and deed of OCBCC, CPLP, Plaza Retail and Plaza Towers, by them voluntarily executed. I-9 /R 70 Notary Pub i c in and for the State of Iowa I-9 /R 70 STATE OF IOWA ss. JOHNSON COUNTY On this 26th day of March , 1981, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Jay C. Oehler and Glenn Muller (herein called "Declarants"), to me personally known, who, being by me duly sworn, did say that they are the President and Secretary, respectively, of Investments Incorporated (herein called "Investments"), an Iowa corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said corporation; that said instrument was signed and sealed on behalf of said corporation by authority of its Board of Directors, and that the said Declarants, as such officers, acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed; and further, that Investments is a General Partner of Old Capitol Business Center Company, an Iowa Limited Partnership (herein called "OCBCC"), which is itself a General Partner of City Plaza Limited Partnership, an Iowa Limited Partnership (herein called "CPLP"); that OCBCC and CPLP are also Joint Venture Partners in Plaza Retail Associates, an Iowa Joint Venture Partnership (herein called "Plaza Retail"); and that Plaza Retail is a Joint Venture Partner in Plaza Towers Associates, an Iowa Joint Venture Partnership (herein called "Plaza Towers"); and that the foregoing instrument was signed on behalf of Plaza Towers by Plaza Retail, as its Joint Venture Partner; Plaza Retail by OCBCC, its Joint Venture Partner, by Investments, its General Partner; and by CPLP, its Joint Venture Partner, by OCBCC, its General Partner, by Investments, its General Partner; and Declarants acknowledged the execution of said instrument to be the voluntary act and deed of OCBCC, CPLP, Plaza Retail and Plaza Towers, by them voluntarily executed. Notary Public in and for the State of Iowa I-10 /o77/ STATE OF IOWA Mp JOHNSON COUNTY On this 26thday of March 1981, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Donald J. Scatena and John B. Klaus (herein called "Declarants"), to me personally known, who, being by me duly sworn, did say that they are the Vice -President and Assistant Secretary, respectively, of Meadow Link Incorporated (herein called "Link"), an Indiana corporation, executing the within and foregoing instrument; that the seal affixed thereto is the seal of said corporation; that said instrument was signed and sealed on behalf of said corporation by authority of its Board of Directors, and that the said Declarants, as such officers, acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed; and, further, that Link is a Joint Venture Partner in Plaza Retail Associates (herein called "Plaza Retail"), and that Plaza Retail is a Joint Venture Partner in Plaza Towers Associates, an Iowa Joint Venture Partnership (herein called "Plaza Towers"), and that the foregoing instrument was signed on behalf of Plaza Towers by Plaza Retail as its Joint Venture Partner and Plaza Retail by Link as its Joint Venture Partner, and Declarants acknowledged the execution of said instrument to be the voluntary act and deed of Plaza Retail and Plaza Towers, by it and them voluntarily executed. Notary PLIblic in and for the State of Iowa AWOZ STATE OF IOWA SS. JOHNSON COUNTY On this 26thday of March 1981, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Jay C. Oehler, to me personally known, who, being by me duly sworn, did say that he is the Individual General Partner of College Towers Limited Partnership, an Iowa Joint Venture Partnership (herein called "CTLP"), executing the within and foregoing instrument and that the said Jay C. Oehler, as such Individual General Partner, acknowledged the execution of said instrument to be the voluntary act and deed of CTLP, by it and by him voluntarily executed; and further that CTLP is a Joint Venture Partner in Towers Hotel Associates (herein called "Towers Hotel"), and that Towers Hotel is a Joint Venture Partner in Plaza Towers Associates, an Iowa Joint Venture Partnership (herein called "Plaza Towers"), and that the foregoing instrument was signed on behalf of Plaza Towers by Towers Hotel as its Joint Venture Partner by CTLP as its Joint Venture Partner, by Jay C. Oehler, its General Partner and he acknowledged the execution of said instrument to be the voluntary act and deed of CTLP, Towers Hotel and Plaza Towers, by them voluntarily executed. a � Notary Pubric in anC1 Tor the State of Iowa I-12 /a� 73 STATE OF IOWA ss. JOHNSON COUNTY On this 26thday of March '1981, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Jay C. Oehler and Glenn Muller (herein called "Declarants"), to me personally known, who, being by me duly sworn, did say that they are the President and Secretary, respectively, of Investments Incorporated (herein called "Investments"), an Iowa corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said corporation; that said instrument was signed and sealed on behalf of said corporation by authority of its Board of Directors, and that the said Declarants, as such officers, acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed; and further, that Investments is the Corporate General Partner of College Towers Limited Partnership (herein called "CTLP"), an Iowa Limited Partnership, and that Investments and CTLP are Joint Venture Partners in Towers Hotel Associates (herein called "Towers Hotel"), an Iowa Joint Venture Partnership, and that Towers Hotel is a Joint Venture Partner in Plaza Towers Associates, an Iowa Joint Venture Partnership (herein called "Plaza Towers"); and that the foregoing instrument was signed on behalf of Plaza Towers by Towers Hotel as its Joint Venture Partner by Investments as its Joint Venture Partner and by CTLP, its Joint Venture Partner, by Investments, its Corporate General Partner; and Declarants acknowledged the execution of said instrument to be the voluntary act and deed of CTLP, Towers Hotel and Plaza Towers, by them voluntarily executed. Notary l is in and for the State of Iowa I-13 /a? 7tO—" STATE OF IOWA &519 JOHNSON COUNTY On this 26th day of March , 1981, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Donald J. Scatena and John B. Klaus (herein called "Declarants"), to me personally known, who, being by me duly sworn, did say that they are the Vice -President and Assistant Secretary, respectively, of Meadow Link Incorporated (herein called "Link"), an Indiana corporation, executing the within and foregoing instrument; that the seal affixed thereto is the seal of said corporation; that said instrument was signed and sealed on behalf of said corporation by authority of its Board of Directors, and that the said Declarants, as such officers, acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed; and, further, that Link is a Joint Venture Partner in Towers Hotel Associates (herein called "Towers Hotel"), and that Towers Hotel is a Joint Venture Partner in Plaza Towers Associates, an Iowa Joint Venture Partnership (herein called "Plaza Towers"); and that the foregoing instrument was signed on behalf of Plaza Towers by Towers Hotel as its Joint Venture Partner by Link as its Joint Venture Partner and Declarants acknowledge the execution of said instrument to be the voluntary act and deed of Towers Hotel and Plaza Towers, by it and them voluntarily executed. Notary Pub is in and for the State of Iowa I-14 /R 7S SCHEDULE A LEGAL DESCRIPTION All that certain parcel or parcels of land located in the City of Iowa City, County of Johnson, State of Iowa, more particularly described as follows, to wit: Part of Block 64, Original Town, Iowa City, Iowa, as recorded in Johnson County Recorder's Office, Plat Book 1, Page 116, more particularly described as follows: Commencing as a point of reference at the Southwest corner of Block 64, Original Town, Iowa City, Iowa, as recorded in Johnson County Recorder's Office, Plat Book 1, Page 116; thence North 0°04'10" West 125.00 feet along the Westerly line of said Block 64 to the point of beginning of the tract herein described (this is an assumed bearing for purposes of this description only); thence continuing North 0°04'10" West 195.88 feet along said Westerly line to a point of intersection with the Northerly line of said Block 64; thence North 89059'20" East 321.57 feet along said Northerly line to a point of intersection with the Easterly line of said Block 64; thence South 0007'00" East 196.35 feet along said Easterly line to a point; thence North 89°55'40" West 321.72 feet to the point of beginning; and subject to easements and restrictions of record, and containing 63,078 square feet more or less. I-15 is 7�C PARCEL NO. 64-1 SCHEDULE B PRICE OFFERED I-16 I-17 PRICE $250,000.00 is 77 /a 7f },'. _ _ � { .tel �R � .�r - .. l �',yti A �� yF. C 4 _ _ � i tf k t! i ':ai K i'^ �8 �{'4i . E ��`:�FS`' 'r�J `- - �. ..^ . - 1 - - .:.( © O .. �z SCHEDULE D Improvements on the parcel listed below will commence and be completed in accordance with the following schedule: PARCEL NO. COMMENCE COMPLETION 64-1 MIXED-USE DEPARTMENT STORE BUILDING: Commence construction not later than sixty (60) working days following all necessary approvals of the Redeveloper's construction plans and the securing of loans as set forth in Schedule C hereof. Complete construction not later than 24 months after commencement of construction. MIXED-USE HOTEL BUILDING: Commence construction not later than sixty (60) working days following all necessary approvals of the Redeveloper's construction plans and the securing of loans as set forth in Schedule C hereof. Complete construction not later than 24 months after commencement of construction. It is understood and agreed that separate certificates of completion shall be timely issued by the City upon completion of each building described above. I-18 /a %/q Part II of CONTRACT FOR SALE OF LAND FOR PRIVATE REDEVELOPMENT By and Between and The Citv of Iowa Citv. Iowa ARTICLE I. PREPARATION OF PROPERTY FOR REDEVELOPMENT SECTION 101. DEMOLITION AND SITE CLEARANCE. It is agreed that the City shall convey and the redeveloper shall accept the property set forth in Schedule A of this agreement AS IS (except that the City shall remove the pavement of the existing parking lot prior to the Redeveloper's obligation to commence construction) and it is expressly agreed that the City makes no warranty, express or implied, regarding subsurface conditions and that the City shall have no liability for any damages arising from subsurface conditions. It is further agreed that any contracts or specifications for site demolition and clearance which may have been examined by the redeveloper were examined for information purposes only, and that the City shall assume no liability for any defects or variance from the specifications for work previously completed. SECTION 102. EXPENSES, INCOME, AND SALVAGE. All expenses, including current taxes, if any, relating to buildings or other structures demolished or to be demolished in accordance with Section 101 hereof shall be borne by, and all income or salvage received as a result of the demolition of such buildings or structures shall belong to, the City. SECTION 103. CITY'S RESPONSIBILITIES FOR CERTAIN OTHER ACTIONS. The City, without expense to the Redeveloper or assessment 7rclaim against the property, shall cause the restriction of traffic and construction of public improvements on existing street rights-of-way, and the construction of parking structures as specifically set forth in the Urban Renewal Plan. Provided, the City reserves the right to make future modifications to the traffic circulation system and to the public improvements when such changes are deemed necessary and in the public interest. DEVELOPER. the Redeveloper hereby waives (as the purchaser or the Property unaer the Agreement and as the owner after the conveyance of the Property provided for in the Agreement) any and all claims to award of damages, if any, to compensate for the closing, vacation, restriction, change of restriction or change of grade of any street, alley, or other public right-of-way within or fronting or abutting on, or adjacent to, the Property which, pursuant to Section 103 hereof, is to be closed or vacated, or the grade of which is to be changed, and shall upon the request of the City subscribe to, and join with, the City in any petition or proceeding required for such vacation, dedication, change of grade, and, to the extent necessary, rezoning, and execute any waiver or other document in respect thereof. ARTICLE II. RIGHTS OF ACCESS TO PROPERTY SECTION 201. RIGHT OF ENTRY FOR UTILITY SERVICE. The City reserves for itself, the City, and any public utility company, as may be appropriate, the unqualified right to enter upon the Property at all reasonable times for the purpose of reconstructing, maintaining, repairing, or servicing the public utilities located within the Property boundary lines and provided for in the easements described or referred to in Paragraph (a), Section 2 of Part I hereof. /0700/ SECTION 202. REDEVELOPER NOT TO CONSTRUCT OVER UTILITY EASEMENTS. The Redeveloper shall not construct any building or other structure or improvement on, over, or within the boundary lines of any easement for public utilities described or referred to in Paragraph (1), Section 2 of Part I hereof, unless such construction is provided for in such easement or has been approved in writing by the City Engineer, or the authorized representative of an affected public utility. SECTION 203. ACCESS TO PROPERTY. Prior to the conveyance of the Property by the City to the Redeveloper, the City shall permit representatives of the Redeveloper to have access to any Property to which the City holds title, at all reasonable times for the purpose of obtaining data and making various tests concerning the Property necessary to carry out the Agreement. After the conveyance of the Property by the City to the Redeveloper, the Redeveloper shall permit employees, agents or representatives of the City access to the Property at all reasonable times for the purposes of the Agreement, including, but not limited to, inspection of all work being performed in connection with the construction of the Improvements. No compensation shall be payable nor shall any charge be made in any form by any party for the access provided for in this Section. ARTICLE III. CONSTRUCTION PLANS; CONSTRUCTION OF IMPROVEMENTS; CERTIFICATE OF COMPLETION PLANS FOR TS. Whenever used in this Agreement the term "preliminary design plans shall include a site plan and preliminary plans for Improvements which clearly show the size, location, and external appearance of any structures, along with such other information as is necessary to fully determine the intentions of the redeveloper. The term "construction plans" shall mean all plans, specifications, drawings, or other information required to be submitted for issuance of any permit called for by applicable codes and ordinance. The term "Improvements", as used in this Agreement, shall be deemed to make reference to any buildings, structures, renovations, or other improvements as provided for and specified in this Agreement, preliminary design plans, and construction plans. The Redeveloper shall, prior to the construction of the Improvements called for in this Agreement, submit for approval by the City Council preliminary design plans, and such other information as is necessary for the City Council to fully determine the intentions of the redeveloper. Such plans shall be submitted no later than the time specified therefor in Paragraph (a), Section 5, of Part I hereof. It is expressly understood that the preliminary design plans shall be submitted to review by the City's Design Review Committee. Approval of such preliminary design plans by the City Council shall in no way relieve the redeveloper of the responsibility for obtaining all required permits and otherwise fully complying with all applicable state and local codes and ordinances. Following approval of preliminary design plans by the City Council the redeveloper shall submit construction plans and other information necessary to obtain all permits required by applicable codes and ordinances. II -2 �,?0z The preliminary design plans, as defined herein, shall in any event, be deemed approved by the City Council unless rejection thereof in writing shall be set forth by the City within forty (40) days after the date of their receipt by the City Clerk. If the City so rejects such preliminary design plans in whole or in part, the Redeveloper shall submit new or corrected preliminary design plans which correct the defect set forth in the rejection, within the time specified therefor in Paragraph C, Section 5, of Part I hereof. The provisions of this section relating to approval, rejection, and resubmission of corrected preliminary design plans herein above provided with respect to the original plans shall continue to apply until the preliminary design plans have been approved by the City Council. All work with respect to the Improvements to be constructed or provided by the redeveloper on the property shall be in conformity with the preliminary design plans as approved by the City Council. Construction plans called for herein shall be consistent with and logical extensions of the preliminary design plans approved by the City Council. SECTION 302. CHANGES IN CONSTRUCTION PLANS. If the Redeveloper desires to make any changes in the preliminary design plans after their approval by the City Council, the Redeveloper shall submit the proposed change to the City Council for its approval. Changes in construction plans as defined herein, may be approved by the Department of Housing and Inspection Services, provided that such changes will not cause the Improvement to be constructed in a manner not consistent with the preliminary design plans as approved by Council. TION 303. COMMENCEMENT AND COMPLETION OF CONSTRUCTION OF IMPROVEMENTS. The Redeveloper agrees for itself, its successors and assigns, and every successor in interest to the Property, or any part thereof, and the Deed shall contain covenants on the part of the Redeveloper for itself and such successors and assigns, that the Redeveloper, and such successors and assigns, shall promptly begin and diligently pursue to completion the redevelopment of the Property through the construction of the Improvements thereon, and that such construction shall in any event be begun within the period specified in Section 4 of Part I hereof and be completed within the period specified in such Section 4. It is intended and agreed, and the Deed shall so expressly provide, that such agreements and covenants shall be covenants running with the land and that they shall, in any event, and without regard to technical classification or designation, legal or otherwise, and except only as otherwise specifically provided in the Agreement itself, be, to the fullest extent permitted by law and equity, binding for the benefit of the community and the City and enforceable by the City against the Redeveloper and its successors and assigns to or of the Property or any part thereof or any interest therein. SECTION 304. PROGRESS REPORTS. Subsequent to conveyance of the Property, or any part thereof, to the Redeveloper, and until construction of the Improvements has been completed, as set forth in Section 305 hereof, the Redeveloper shall make reports, setting forth the status of Improvements, construction schedule, and such other information as may reasonably be requested by the City, as to the actual progress of the Redeveloper with respect to such construction. II -3 1074F3 SECTION 305. CERTIFICATE OF COMPLETION. (a) Within thirty (30) days after completion of the Improvements in accordance with those provisions of the Agreement relating solely to the obligations of the Redeveloper to construct the Improvements (including the dates for beginning and completion thereof), the City will furnish the Redeveloper with an appropriate instrument so certifying. Such certification by the City shall be (and it shall be so provided in the Deed and in the certification itself) a conclusive determination of satisfaction and termination of the agreements and covenants in the dates for the beginning and completion thereof: Provided, that if there is upon the Property a mortgage insured, or held or owned, by the Federal Housing Administration and the Federal Housing Administration shall have determined that all buildings constituting a part of the Improvements and covered by such mortgage are, in fact, substantially completed in accordance with the plans and are ready for occupancy, then, in such event, the City and the Redeveloper shall accept the determination of the Federal Housing Administration as to such completion of the construction of the Improvements in accordance with the plans, and, if the other agreements and covenants in the Agreement obligating the Redeveloper in respect of the construction and completion of the Improvements have been fully satisfied, the City shall forthwith issue its certification provided for in this Section. Such certification and such determination shall constitute evidence of compliance with or satisfaction of any obligation of the Redeveloper to any holder of a mortgage, or any insurer of any mortgage, securing money loaned to finance the Improvements, or any part thereof. (b) With respect to such individual parts or parcels of the Property which, if so provided in Part I (Schedule D) hereof, the Redeveloper may convey or lease as the Improvements to be constructed thereon are completed, the City will also, upon proper completion of the Improvements relating to any such part or parcel, furnish the Redeveloper with an appropriate instrument, certifying that such Improvements relating to any such part or parcel have been made in accordance with the provisions of the Agreement. Such certification shall mean and provide (1) that any party purchasing or leasing such individual part or parcel pursuant to the authorization herein contained shall not (because of such purchase or lease) incur any obligation with respect to the construction of the Improvemetns relating to such part or parcel or to any other part or parcel of the Property; and (2) that neither the City nor any other party shall thereafter have or be entitled to exercise with respect to any such individual part or parcel so sold (or, in the case of lease, with respect to the leasehold interest) any rights or remedies or controls that it may otherwise have or be entitled to exercise with respect to the construction of Improvements as called for herein. (c) Each certification provided for in this Section shall be in such form as will enable it to be recorded in the proper office for the recordation of deeds and other instruments pertaining to the Property, including the Deed. If the City shall refuse or fail to provide any certification in accordance with the provisions of this II -4 /2 a/ Section, the City shall, within thirty (30) days after written request by the Redeveloper, provide the Redeveloper with a written statement, indicating in adequate detail in .what respects the Redeveloper has failed to complete the Improvements in accordance with the provisions of the Agreement, or is otherwise in default, and what measures or acts it will be necessary, in the opinion of the City, for the Redeveloper to take or perform in order to obtain such certification. ARTICLE IV. RESTRICTIONS UPON USE OF PROPERTY SECTION 401. RESTRICTIONS ON USE. The Redeveloper agrees for itself, and its successors and assigns, and every successor in interest to the Property, or any part thereof, and the Deed shall contain covenants on the part of the Redeveloper for itself, and such successors and assigns, that the Redeveloper, and such successors and assigns, shall: (a) Devote the Property to, and only to and in accordance with, the uses specified in the Urban Renewal Plan; and (b) Not discriminate upon the basis of race, color, creed, religion, age, disability, sex or national origin in the sale, lease, or rental or in the use or occupancy of the Property or any improvements erected or to be erected thereon, or any part thereof. (c) All advertising (including signs) for sale and/or rental of the whole or any part of the Property shall include the legend, "An Open Occupancy Building" in type or lettering of easily legible size and design. The word "Project" or "Development" may be substituted for the word "Building" where circumstances require such substitution. (d) Comply with the regulations issued by the Secretary of Housing and Urban Development set forth in 37 F.R. 22732-3 and all applicable rules and orders issued thereunder which prohibit the use of lead- based paint in residential structures undergoing federally -assisted construction or rehabilitation and require the elimination of lead- based paint hazards. SECTION 402. COVENANTS: BINDING UPON SUCCESSORS IN INTERESTS: PERIOD OF DURATION. It is intended and agreed, and the Deed shall so expressly provide, that the agreements and covenants provided in Section 401 hereof shall be covenants running with the land and that they shall, in any event, and without regard to technical classifications or designation, legal or otherwise, and except only as otherwise specifically provided in the Agreement, be binding, to the fullest extent permitted by law and equity, for the benefit and in favor of, and enforceable by, the City, its successors and assigns, any successor in interest to the Property, or any part thereof, and the United States (in the case of the covenant provided in subdivision (b) of Section 401 hereof), against the Redeveloper, its successors and assigns and every successor in interest to the Property, or any part thereof or any interest therein, and any party in possession or occupancy of the Property or any part thereof. It is further intended and agreed that the agreement and covenant provided in subdivision (a) of Section 401 hereof shall remain in effect for the period of time, or until II -5 l,?jf5 the date, specified or referred to in Section 6 of Part I hereof (at which time such agreement and covenant shall terminate) and that the agreements and covenants provided in subdivision (b) of Section 401 hereof shall remain in effect without limitation as to time: Provided, that such agreements and covenants shall be binding on the Redeveloper itself, each successor in interest to the Property, and every part thereof, and each party in possession or occupancy, respectively, only for such period as such successor or party shall have title to, or an interst in, or possession or occupancy of, the Property or part thereof. The terms "uses specified in the Urban Renewal Plan" and "land use" referring to provisions of the Urban Renewal Plan, or similar language, in the Agreement shall include the land and all building, housing, and other requirements or restrictions of the Urban Renewal Plan pertaining to such land. SECTION 403. CITY AND UNITED STATES RIGHTS TO ENFORCE. In amplification, and not in restriction, of the provision of the preceding Section, it is intended and agreed that the City and its successors and assigns shall be deemed beneficiaries of the agreements and covenants provided in Section 401 hereof, and the United States shall be deemed a beneficiary of the covenant provided in subdivision (b) of Section 401 hereof, both for and in their or its own right and also for the purposes of protecting the interest of the community and other parties, public or private in whose favor or for whose favor or for whose benefit such agreements and covenants have been provided. Such agreement and covenants shall (and the Deed shall so state) run in favor of the City and the United States, for the entire period during which such agreements and covenants shall be in force and effect, without regard to whether the City or the United States has at any time been, remains, or in an owner of any land or interest therein to or in favor of which such agreements and covenants relate. The City shall have the right, in the event of any breach of any such agreement or covenant, and the United States shall have the right in the event of any breach of covenant provided in subdivision (b) of Section 401 hereof, to exercise all the rights and remedies, and to maintain any actions or suits at law or in equity or other propery proceedings to enforce the curing of such breach of agreement or covenant, to which it or any other beneficiaries of such agreement or covenant may be entitled. ARTICLE V. PROHIBITIONS AGAINST ASSIGNMENT AND TRANSFER SECTION 501. REPRESENTATIONS AS TO REDEVELOPMENT. The Redeveloper represents and agrees that its purchase of the Property, and its other undertakings pursuant to the Agreement, are, and will be used, for the purpose of the redeveloment of the Property and not for speculation in land holding. The Redeveloper further recognizes that, in view of (a) the importance of the redevelopment of the Property to the general welfare of the community; (b) the substantial financing and other public aids that have been made available by law and by the Federal and local Governments for the purpose of making such redevelopment possible; and II -6 /.7f4 (c) the fact that a transfer of the stock in the Redeveloper or of a substantial part thereof, or any other act or transaction involving or resulting in a significant change in the ownership or distribution of such stock or with respect to the identity of the parties in control of the Redeveloper or the degree thereof, is for practical purposes a transfer or disposition of the Property then owned by the Redeveloper, the qualifications and identity of the Redeveloper, and its stockholders, are of particular concern to the community and the City. The Redeveloper further recognizes that it is because of the recognition of such qualifications and identity that the City is entering into the Agreement with the Redeveloper, and, in so doing, the City is further willing to accept and rely on the obligations of the Redeveloper for the faithful preformance of all undertakings and covenants in the Agreement. SECTION 502. PROHIBITION AGAINST TRANSFER OF OWNERSHIP OR CONTROL OF REDEVELOPER. For the foregoing reasons, the Redeveloper agrees for itself, and all persons holding an interest therein, their heirs, successors and assigns that there shall be no change or transfer of ownership or control by any person or combination of persons owning or controlling ten (10) percent or more interest in the Redeveloper through sale, assignment, merger, increased capitalization or by any other means, without the express written approval of the City. With respect to this provision, the Redeveloper and the parties signing the Agreement on behalf of the Redeveloper represent that they have the authority of all persons holding interest therein to agree to this provision on their behalf and to bind them with respect thereto. SECTION 503. PROHIBITION AGAINST TRANSFER OF PROPERTY AND ASSIGNMENT OF AGREEMENT. Also, for the foregoing reasons the Redeveloper represents and agrees for itself, and its successors and assigns, that: (a) Except only (1) by way of security for, and only for, (i) the purpose of obtaining financing necessary to enable the Redeveloper or any successor in interest to the Property, or any part thereof, to perform its obligations with respect to acquiring the property and making the Improvements under the Agreement, and (ii) any other purpose authorized by the Agreement, and (2) as to any individual parts or parcels of the Property on which the Improvements to be constructed thereon have been completed, and which, by the terms of the Agreement, the Redeveloper is authorized to convey or lease as such Improvements are completed, the Redeveloper (except as so authorized) has not made or created, and that it will not, prior to the proper completion of the Improvements as certified by the City, make or create, or suffer to be made or created, any total or partial sale, assignment, conveyance, or lease, or any trust or power, or transfer in any other mode or form of or with respect to the Agreement or the Property, or any part thereof or any interest therein, or 1I-7 laJf17 approval of the City: Provided, that prior to the issuance by the City of the certificate provided by in Section 306 hereof as to completion of construction of the Improvements, the Redeveloper may enter into any agreement to sell, lease, or otherwise transfer, after the issuance of such certificate, the Property or any part thereof or interest therein, which agreement shall not provide for payment of or on account of the purchase price or rent for the Property, or the part thereof or the interest therein to be so transferred, prior to the issuance of such certificate. (b) The City shall be entitled to require, except as otherwise provided in this Agreement, as conditions to any such approval that: (1) Any proposed transferee shall have the qualifications and financial responsibility, as determined by the City, necessary and adequate to fulfill the obligations undertaken in the Agreement by the Redeveloper (or, in the event the transfer is of or relates to part of the Property, such obligations to the extent that they relate to such part). (2) Any proposed transferee, by instrument in writing satisfactory to the City and in form recordable among the land records, shall, for itself and its successors and assigns, and expressly for the benefit of the City, have expressly assumed all of the obligations of the Redeveloper under the Agreement and agreed to be subject to all the conditions and restrictions to which the Redeveloper is subject (or, in the event the transfer is of or related to part of the Property, such obligations, conditions, and restrictions to the extent that they relate to such part): Provided, that any instrument or agreement which purports to transfer any interest whatsoever caused by this agreement without the express written approval of the City, is null and void. ' (3) There shall be submitted to the City for review all instruments and other legal documents involved in effecting transfer; and if approved by the City, its approval shall be indicated to the Redeveloper in writing. (4) The consideration payable for the transfer by the transferee or on its behalf shall not exceed an amount representing the actual cost (including carrying charges) to the Redeveloper of the Property (or allocable to the part thereof or interest therein transferred) and the Improvements, if any, theretofore made thereon by it; it being the intent of this provision to preclude assignment of the Agreement or transfer of the Property for profit prior to the issuance of the certificate of completion as set forth in Section 306 of this Agreement. The City shall be entitled to increase the Purchase Price to the Redeveloper by the amount that the consideration payable for the assignments or transfer is in excess of the amount that may be authorized pursuant to this subdivision (4), and such consideration shall, to the extent it is in excess of the amount so authorizr_d, belong to and forthwith be paid to the City. II -8 (5) The Redeveloper and its transferee shall comply with such other conditions as the City may find desirable in order to achieve and safeguard the purposes of the Urban Renewal Act and the Urban Renewal Plan. Provided, that in the absence of specific written agreement by the City to the contrary, no such transfer or approval by the City thereof shall be deemed to relieve the Redeveloper, or any other party bound in any way by the Agreement or otherwise with respect to the construction of the Improvements, from any of its obligations with respect thereto. SECTION 504. INFORMATION AS TO HOLDERS OF INTEREST IN REDEVELOPER. In order to assist in the effectuation of the purposes of this Article V and the statutory objectives generally, the Redeveloper agrees that during the period between execution of the Agreement and completion of the Improvements as certified by the City, (a) the Redeveloper will promptly notify the City of any and all changes whatsoever in the ownership or control of interest, legal or beneficial, or of any other act or transaction involving or resulting in any change in the ownership of such interest or in the relative distribution thereof, or with respect to the identity of the parties in control of the Redeveloper or the degree thereof, of which it or any of its officers have been notified or otherwise have knowledge or information; and (b) the Redeveloper shall, at such times as the City may request, furnish the City with a complete statement, subscribed and sworn to by the President or other executive officer of the Redeveloper, setting forth all of the holders of interest in the Redeveloper and the extent of their respective holdings, and in the event any other parties have a beneficial interest in such holdings their names and the extent of the Redeveloper, any specific inquiry made by any such officer, of all parties who on the basis of all such records own ten (10) percent or more of the interest in the Redeveloper, and by such other knowledge or information as such officer shall have. Such lists, data, and information shall in any event be furnished the City immediately prior to the delivery of the Deed to the Redeveloper and as a condition precedent thereto, and annually thereafter on the anniversary of the date of the Deed until the issuance of a certificate of completion of all the Property. ARTICLE VI. MORTGAGE FINANCING; RIGHTS OF MORTGAGEES SECTION 601. LIMITATION UPON ENCUMBRANCE OF PROPERTY. Prior to the completion of the Improvements, as certified by the City, neither the Redeveloper nor any successor in interest to the Property or any part thereof shall engage in any financing or any other transaction creating any mortgage or other encumbrance or lien upon the Property, whether by express agreement or operation of law, or suffer any encumbrances or lien to be made on or attach to the Property, except for the purposes of obtaining II -9 /a Pf (a) funds only to the extent necessary for making the Improvements, and (b) such additional funds, if any, in an amount not to exceed the Purchase Price paid by the Redeveloper to the City. The Redeveloper (or successor in interest) shall notify the City in advance of any financing, secured by mortgage or other similar lien instrument, it proposes to enter into with respect to the Property, or any part thereof, and in any event it shall promptly notify the City of any encumbrance or lien that has been created on or attached to the Property, whether by voluntary act of the Redeveloper or otherwise. For the purposes of such mortgage financing as may be made pursuant to the Agreement, the Property may, at the option of the Redeveloper (or successor in interest), be divided, provided that such subdivision, in the opinion of the City, is not inconsistent with the purposes of the Urban Renewal plan and the Agreement and is approved in writing by the City. SECTION 602. MORTGAGEE NOT OBLIGATED TO CONSTRUCT. Notwithstanding any of the provisions of the Agreement, including but not limited to those which are or are intended to be covenants running with the land, the holder of any mortgage, authorized by the Agreement (including any such holder who obtains title to the Property or any part thereof as a result of foreclosure proceedings, or action in lieu thereof, but not including (a) any other party who thereafter obtains title to the Property or such part from or through such holder, or (b) any other purchaser at foreclosure sale other than the holder of the mortgage itself) shall in no way be obligated by the provisions of the Agreement to construct or complete the Improvements or to guarantee such construction or completion; nor shall any covenant or any other provision in the Deed be construed to so obligate such holder: Provided, that nothing in this Section or any other Section or provision of the Agreement shall be deemed or construed to permit or authorize any such holder to devote the Property or any part thereof to any uses, or to construct any improvements thereon, other than those uses or improvements provided or permitted in the Urban Renewal Plan and in the Agreement. SECTION 603. COPY OF NOTICE OF DEFAULT TO MORTGAGEE. Whenever the City shall deliver any notice or demand to the Redeveloper with respect to any breach or default by the Redeveloper in its obligations or covenants under the Agreement, the City shall at the same time forward a copy of such notice or demand to each holder of any mortgage authorized by the Agreement at the last address of such holder shown in the records of the City. SECTION 604. MORTGAGEE'S OPTION TO CURE DEFAULTS. After any breach or default referred to in Section 603 hereof, each such holder shall (insofar as the rights of the City are concerned) have the right, at its option, to cure or remedy such breach or default (or such breach or default to the extent that it relates to the part of the Property covered by its mortgage) and to add the cost thereof to the mortgage debt and the lien of its mortgage: Provided, that if the breach or default is with respect to construction of the Improvements, nothing contained in this Section or any other Section of the Agreement shall be deemed to permit or authorize such holder, either before or after foreclosure or action in lieu thereof, to II -10 /0? 510 undertake or continue the construction or completion of the Improvements (beyond the extent necessary to conserve or protect Improvements or construction already made) without first having expressly assumed the obligation to the City, by written agreement satisfactory to the City, to complete, in the manner provided in the Agreement, the Improvements on the Property or the part thereof to which the lien or title of such holder relates. Any such holder who shall properly complete the Improvements relating to the Property or applicable part thereof shall be entitled, upon written request made to the City, to a certification or certifications by the City to such effect in the manner provided in Section 305 of the Agreement, and any such certification shall, if so requested by such holder mean and provide that any remedies or rights with respect to recapture of or reversion or revesting of title to the Property that the City shall have or be entitled to because of failure of the Redeveloper or any successor in interest to the Property, or any part thereof, to cure or remedy any default with respect to the construction of the Improvements on other parts or parcels of the Property, or became of any other default in or breach of the Agreement by the Redeveloper or such successor, shall not apply to the part or parcel of the Property to which such certification relates. SECTION 605. CITY'S OPTION TO PAY MORTGAGE DEBT OR PURCHASE PROPERTY. In any case, where, subsequent to default or breach by the Redeveloper (or successor in interest) under the Agreement, the holder of any mortgage on the Property or part thereof (a) has, but does not exercise, the option to construct or complete the Improvements relating to the Property or part thereof covered by its mortgage or to which it has obtained title, and such failure continues for a period of sixty (60) days after the holder has been notified or informed of the default or breach; or (b) undertakes construction or completion of the Improvements but does not complete such construction within the period as agreed upon by the City and such holder (which period shall in any event be at least as long as the period prescribed for such construction or completion in the Agreement), and such default shall not have been cured within sixty (60) days after written demand by the City so to do, the City shall (and every mortgage instrument made prior to completion of the Improvements with respect to the Property by the Redeveloper or successor in interest shall so provide) have the option of paying to the holder the amount of the mortgage debt and securing an assignment of the mortgage and the debt secured thereby, or, in the event ownership of the Property (or part thereof) has vested in such holder by way of foreclosure or action in lieu thereof, the City shall be entitled, at its option, to a conveyance to it of the Property or part thereof (as the case may be) upon payment to such holder of an amount equal to the sum of: (i) the mortgage debt at the time of foreclosure or action in lieu thereof (less all appropriate credits, including those resulting from collection and application of rentals and other income received during foreclosure proceedings); (ii) all expenses with respect to the foreclosure; (iii) the net expense, if any (exclusive of general overhead), incurred by such holder in and as a direct result of the subsequent management of the IR fl Property; (iv) the costs of any Improvements made by such holder; and (v) an amount equivalent to the interest that would have accrued on the aggregate of such amounts had all such amounts become part of the mortgage debts and such debt had continued in existence. SECTION 606. CITY'S OPTION TO CURE MORTGAGE DEFAULT. In the event of a default or breach prior to the completion of the Improvements by the Redeveloper, or any successor in interest, in or of any of its obligations under, and to the holder of, any mortgage or other instrument creating an encumbrance or lien upon the Property or part thereof, the City may at its option cure such default or breach, in which cases the City shall be entitled, in addition to and without limitation upon any other rights or remedies to which it shall be entitled by the Agreement, operation of law, or otherwise, to reimbursement from the Redeveloper or successor in interest of all costs and expenses incurred by the City in curing such default or breach and to a lien upon the Property (or the part thereof to which the mortgage, encumbrance, or lien relates) for such reimbursement: Provided, that any such lien shall be subject always to the lien of (including any lien contemplated, because of advances yet to be made, by) any then existing mortgages on the Property authorized by the Agreement. SECTION 607. MORTGAGE AND HOLDER. For the purposes of the Agreement: The term mortgage shall include a deed of trust or other instrument creating an encumbrance or lien upon the Property, or any part thereof, as security for a loan. The term "holder" in reference to a mortgage shall include any insurer or guarantor of any obligation or condition secured by such mortgage or deed of trust, including, but not limited to, the Federal Housing Commissioner, the Administrator of Veterans Affairs, and any successor in office of either such official. ARTICLE VII. REMEDIES SECTION 701. IN GENERAL. Except as otherwise provided in the Agreement, in the event of any default in or breach of the Agreement, or any of its terms or conditions, by either party hereto, or any successor to such party, such party (or successor) shall, upon written notice from the other, proceed immediately to cure or remedy such default or breach, and, in any event, within sixty (60) days after receipt of such notice. In case such action is not taken or not diligently pursued, or the default or breach shall not be cured or remedied within a reasonable time, the aggrieved party may institute such proceeedings as may be necessary or desirable in its option to cure and remedy such default or breach, including, but not limited to, proceedings to compel specific performance by the party in default or breach of its obligations. SECTION 702. TERMINATION BY REDEVELOPER PRIOR TO CONVEYANCE. In the event that the City does not tender conveyance of the Property, or possession thereof, in the manner and condition, and by the date, provided in this Agreement, and any such failure shall not be cured within sixty (60) days after the date of written demand by the Redeveloper, and the City is unable to demonstrate, to the reasonable satisfaction of the Redeveloper that the defects, cloud, or other deficiencies in or on title involved, or the part of the property to which it relates, is of such nature that the Redeveloper will not be hampered or delayed in the II -12 /a 9z construction of the improvements by taking title and possession subject to such defects, the City will refund to the Developer any good faith deposit tendered by the Redeveloper for such property or the portion of said good faith deposit reasonable allocable to the portion of the property not conveyed and this agreement with respect of the property not conveyed shall be terminated, provided, it i�k hereby expressly agreed that in the event this agreement is terminated pursuant to this Section each party to this agreement shall be solely responsible for all expenses incurred or obligated by it and shall have no claim against the other party. SECTION 703. TERMINATION BY CITY PRIOR TO CONVEYANCE. In the event that prior to conveyance of the Property to the Redeveloper, the Redeveloper is in violation of Section 502 of Part II of, this Agreement or the Redeveloper does not pay the Purchase Price and take title to the Property upon tender of conveyance by the City pursuant to this Agreement, or the Redeveloper fails to cure any default or failure within thirty 30 days from the date of written demand by the City, then this Agreement, and any rights of the Redeveloper, or any assignee or transferee, in this Agreement, or arising therefrom with respect to the City or the Property, shall, at the option of the City, be terminated by the City, in which event, as provided in Paragraph C, Section 3 of Part I hereof, the Deposit or any portion thereof may be retained by the City as liquidated damages and as its property without any deduction, offset, or recoupment whatsoever, and neither the Redeveloper (or assignee or transferee) nor the City shall have any further rights against or liability under this Agreement to the other in respect to the property or part thereof for which the deposit has been retained. ON 704. REVESTING TITLE IN CITY SUBS rctUtvtLurtn. In the event that subsequent to conveyance of the Property or any part thereof to the Redeveloper and prior to completion of the Improvements as certified by the City (a) the Redeveloper does not submit plans as required by the Agreement in satisfactory form and in the manner and by the dates respectively provided in this Agreement; or (b) the Redeveloper (or successor in interest) shall default in or violate its obligations with respect to the construction of the Improvements (including the nature and the dates of for the beginning and completion thereof), or shall abandon or substantially suspend construction work, and any such default, violation, abandonment, or suspension shall not be cured, ended, or remedied within ninety (90) days after written demand by the City; or (c) the Redeveloper (or successor in interest) shall fail to pay real estate taxes or assessments on the Property or any part thereof when due, or shall place thereon any encumbrance or lien unauthorized by the Agreement, or shall suffer any levy or attachment to be made, or any materialmen's or mechanic's lien, or any other unauthorized encumbrance or lien to attach, and such taxes or assessments shall not have been paid, or the encumbrance or lien removed or discharged or provision satisfactory to the City made for such payment, removal, or discharge, within ninety (90) days after written demand by the City; or II -13 la 93 (d) the Redeveloper violates the provision of Section 502 of Part II of this Agreement and such violation shall not be cured within sixty (60) days after written demand by the City to the Redeveloper, then the City shall have the right to re-enter and take possession of the Property and all Improvements located thereon to terminate (and revest in the City) the property conveyed by the Deed to the Redeveloper, it being the intent of this provision, together with other provisions of the Agreement, that the conveyance of the Property to the Redeveloper shall be made upon, and that the Deed shall contain, a condition subsequent to the effect that in the event of any default, failure, violation, or other action or inaction by the Redeveloper specified in subdivisions (a), (b), (c) and (d) of this Section 704, failure on the part of the Redeveloper to remedy, end, or abrogate such default, failure, violation, or other action or inaction, within the period and in the manner stated in such subdivisions, the City at its option may declare a termination in favor of the City of the title, and of all the rights and interests in and to the Property conveyed by the Deed to the Redeveloper and Improvements constructed thereon, and that such title and all rights and interests of the Redeveloper, and any assigns or successors in interest to and in the Property and any Improvements constructed thereon, shall revert to the City: Provided, that such condition subsequent and any revesting of title as a result thereof in the City (1) shall always be subject to and limited by, and shall not defeat, render invalid, or limit in any way, (i) the lien of any mortgage authorized by the Agreement, and (ii) any rights or interests provided in the Agreement for the protection of the holders of such mortgages;'and (2) shall not apply to individual parts or parcels of the Property (or, in the case of parts or parcels leased, the leasehold interest) on which the Improvements to be constructed thereon have been completed in accordance with the Agreement and for which a certificate of completion is issued therefore as provided in Section 305 hereof or on which the Improvements to be constructed thereon are in fact proceeding with construction on an approved schedule and for which a certificate of completion would be issued in normal course. In addition to and without in any way limiting the City's right to re-entry as provided for in this Section, the City shall have the right to retain the Deposit or any portion thereof, as provided in Paragraph C, Section 3 of Part I hereof, without any deduction, offset or recoupment whatsoever, in the event of a default, violation or failure of the Redeveloper as specified in this Section. SECTION 705. RESALE OF REACQUIRED PROPERTY• DISPOSITION OF PROCEEDS. Upon the revesting in the City of title to the Property or a portion thereof and any Improvements thereon, or any part thereof as provided in Section 704, the City shall, pursuant to its responsibilities under State law, use its best efforts to resell the Property or part therof (subject to such mortgage liens and leasehold interest as in Section 704 set forth and provided) as soon and in such manner as the City shall find feasible the Improvements or such other improvements in their stead as shall be II -14 /07 sX satisfactory to the City and in accordance with the uses specified for such Property or part thereof in the Urban Renewal Plan. Upon such resale of the Property, the proceeds thereof shall be applied: (a) First, to reimburse the City, on its own behalf, for all costs and expenses incurred by the City, including but not limited to salaries of personnel, in connection wiht the recapture, management, and resale of the Property or part thereof (but less any income derived by the City from the Property or part thereof in connection with such management); all taxes, assessments, and water and sewer charges with respect to the Property or part thereof (or, in the event the Property is exempt from taxation or assessment or such charges during the period of ownership thereof by the City, the amount, if paid, equal to such taxes, assessments, or charges (as determined by the City assessing official) as would have been payable if the Property or part thereof at the time of revesting of title thereto in the City or to discharge or prevent from attaching or being made any subsequent encumbrance or liens due to obligations, defaults, or acts of the Redeveloper, its successors or transferees; any expenditures made or obligations incurred with respect to the making or completion or removal of the Improvements or any part thereof on the Property or part thereof; and any amounts otherwise owing the City by the Redeveloper and its successor or transferee; and (b) Second, to reimburse the Redeveloper, its successor or transferee, up to the amount equal to (1) the sum of the purchase price paid by it for the Property (or allocable to the part thereof) and the cash actually invested by it in making any of the Improvements on the Property or part thereof, unless (2) any gains or income withdrawn or made by it from the Agreement or the Property. Any balance remaining after such reimbursements shall be retained by the City as its property. AND REMEDIES OF CITY: NO WA The City shall have the right to institute such actions or proceedings as it may deem desirable for effectuating the purposes of this Article VII, including also the right to execute and record or file among the public land records in the office in which the Deed is recorded a written declaration of the termination of all the right, title, and interest of the Redeveloper, and (except for such individual parts or parcels upon which construction of that part of the Improvements required to be constructed thereon has been completed, in accordance with the Agreement, and for which a certificate of completion as provided in Section 305 hereof is to be delivered, and subject to such mortgage liens and leasehold interests as provided in Section 704 hereof) its successors in interest and assigns, in the Property, and the revesting of title thereto in the City: Provided, that any delay by the City in instituting or prosecuting any such actions or proceedings or otherwise asserting its rights under this Article VII shall not operate as a waiver of such rights or to deprive it of or.limit such rights in any way (it being the intent of this provision that the City should not be constrained so as to avoid the risk of being deprived of or limited in the exercise of the remedy provided in this Section because of concepts of waiver, laches, estoppel, II -15 /a 954 or otherwise to exercise such remedy at a time when it may still hope otherwise to resolve the problems created by the default involved); nor shall any waiver in fact made by the City with respect to any specific default by the Redeveloper under this Section by considered or treated as a waiver of the rights of the City with respect to any other defaults by the Redeveloper under this Section or with respect of the particular default except to the extent specifically waived in writing. SECTION 707. IMPOSSIBILITY OF PERFORMANCE BY CITY PRIOR TO CONVEYANCL OF PROPERTY. Should at any time prior to the conveyance of title to any Property under this Agreement, the City of Iowa City, Iowa be enjoined from such conveyance or prevented from so doing by any order or decision or act of any judicial, legislative or executive body having authority in the premises, the City at its option may terminate this Agreement and any obligations incurred by either party shall cease. In the event of such termination, the City shall not be responsible for any damages, expenses or costs incurred by the Redeveloper by reason of such termination. It is further agreed and understood that the City shall have no liability for failure to deliver title to such Property or any part thereof to the Redeveloper after making a good faith attempt to do so. ON 708. ENFORCED DELAY IN PERFORMANCE FOR CAUSE PANIY. ror the purposes or any or the provisions OT the Hgreemenc, neither the City nor the Redeveloper, as the case may be, nor any successor in interest, shall be considered in breach of, or default in, its obligations with respect to this Agreement in the event of enforced delay in the performance of such obligations due to unforeseeable causes beyond its control and without its fault or negligence, including, but not restricted to, acts of God, acts of public enemy, acts of the other party, fires, floods, epidemics, quarantine restrictions, strikes, litigation and unusually severe weather or delays of subcontractors due to such causes; it being the purpose and intent of this provision that in the event of the occurrence of any such enforced delay, the time or times for performance of the obligations of the City or of the Redeveloper under this Agreement, as the case may be, shall be extended for the period of the enforced delay as determined by the City: Provided, that the party seeking the benefit of the provisions of this Section shall, within ten (10) days after the beginning of any such enforced delay, have first notified the other party thereof in writing, and of the cause or causes thereof, and requested an extension for the period of the enforced delay. SECTION 709. RIGHTS AND REMEDIES CUMULATIVE. The rights and remedies of the parties to the Agreement, whether provided by law or by the Agreement, shall be cumulative, and the exercise by either party of any one or more of such remedies shall not preclude the exercise by it, at the same or different times, of any other such remedies for the same default or breach of any of its remedies for any other default or breach by the other party. No waiver made by either such party with respect to the performance, or manner or time thereof, or any obligation of the other party or any condition to its own obligation under the Agreement shall be considered a waiver of any rights of the party making the waiver with respect to the particular obligation of the other party or condition to its own obligation beyond those expressly waived in writing and to the extent thereof, or a waiver in any respect in regard to any other rights of the party making the waiver or any other obligations of the other party. II -16 IV$4 SECTION 710. PARTY IN POSITION OF SURETY WITH RESPECT TO OBLIGATIONS. The Redeveloper, for itself and its successors and assigns, and for all other persons who are or who shall become, whether by express or implied assumption or otherwise, liable upon or subject to any obligation or burden under the Agreement, hereby waives, to the fullest extent permitted by law and equity, any and all claims or defenses otherwise available on the ground of its (or their) being or having become a person in the position of a surety, whether real, personal, or otherwise or whether by agreement or operation of law, including, without limitation on the generality of the foregoing, any and all claims and defenses based upon extension of time, indulgence, or modification of terms of contract. ARTICLE VIII. MISCELLANEOUS SECTION 801. CONFLICT OF INTERESTS; CITY REPRESENTATIVES NOT INDIVIDUALLY LIABLE. No member, official, or employee of the City shall have any personal interest as defined in Chapter 403, Code of Iowa 1979, direct or indirect, in the Agreement, nor shall nay such member, official, or employee participate in any decision relating to the Agreement which affects his personal interests or the interests of any corporation, partnership, or association in which he is, directly or indirectly, interested. No member, official, or employee of the City shall be personally liable to the Redeveloper, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Redeveloper or successor or on any obligations under the terms of the Agreement. SECTION 802. EQUAL EMPLOYMENT OPPORTUNITY. The Redeveloper, for itself and its successors and assigns, agrees that during the construction of the Improvements provided for in the Agreement: (a) The Redeveloper will not discriminate against any employee or applicant for employment because of race, color, religion, sex, disability, sexual orientation, marital status, or national origin. The Redeveloper will take affirmative action to insure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, disability, sexual orientation, marital status, sex,or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Redeveloper agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the City setting forth the provisions of this nondiscriminatory clause. (b) The Redeveloper will, in all solicitations or advertisements for employees placed by or on behalf of the Redeveloper, state that the Redeveloper is an equal opportunity employer. (c) The Redeveloper will send to each labor union or representative of workers with which the Redeveloper has a collective bargaining agreement or other contract or understanding, a notice, to be II -17 ia9V provided, advising the labor union or workers' representative of the Redeveloper's commitments under Section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notices in conspicuous places available to employees and applicants for employment. (d) The Redeveloper will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (e) The Redeveloper will furnish all information and reports, required by Executive Order. 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor or the Secretary of Housing and Urban Development pursuant thereto, and will permit access to the Redeveloper's books, records, and accounts by the City, the Secretary of Labor for purposes in investigation to ascertain compliance with such rules, regulations, and orders. (f) In the event of the Redeveloper's noncompliance with the non- discrmination clauses of this Section, or with any of the said rules, regulations, or orders, the Agreement may be canceled, terminated, or suspended in whole or in part and the Redeveloper may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (g) The Redeveloper will include the provisions of Paragraphs (a) through (g) of this Section in every contract or purchase order, and will require the inclusion of these provisions in every subcontract entered into by any of its contractors, unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each such contractor, subcontractor, or vendor, as the case may be. The Redeveloper will take such action with respect to any construction contract, subcontract, or purchase order as the City or the Department of Housing and Urban Development may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event the Redeveloper becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the City or the Department of Housing and Urban Development, the Redeveloper may request the United States to enter into such litigation to protect the interests of the United States. SECTION 803. PROVISIONS NOT MERGED WITH DEED. None of the provisions of the Agreement are intended to or shall be merged by reason of any deed transferring title to the Property from the City to the Redeveloper or any successor in interest, and any such deed shall not be deemed to affect or impair the provisions and covenants of the Agreement. II -18 /a9i SECTION 804. TITLES OF ARTICLES AND SECTIONS. Any title parts, Articles, and Sections of the Agreement are convenience of reference only and shall be disregarded in interpreting any of its provisions. II -19 of the several inserted for construing or /0??X RESOLUTION NO. 80-488 RESOLUTION APPROVING THE PRELIMINARY DESIGN PLANS FOR REDEVELOPMENT ON URBAN RENEWAL PARCEL NO. 64-1 WHEREAS, the City Council of the City of Iowa City, Iowa, has solicited Offers to Purchase and Redevelop Urban Renewal Parcel No. 64-1; and WHEREAS, the City Council has reserved the right to approve preliminary design plans of all redevelopment to occur on Urban Renewal Parcel No. 64-1; and WHEREAS, Plaza Towers Associates have submitted preliminary design plans for the redevelopment of Parcel No. 64-1 in the Iowa City Urban Renewal Project; and WHEREAS, said preliminary design plans have been reviewed by the City staff and the Design Review Committee; and WHEREAS, recommendations from the staff and the Design Review Committee have been received by the City Council, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the preliminary design plans submitted by Plaza Towers Associates for the redevelopment of Parcel No. 64-1 are hereby approved, subject to the conditions and reservations set forth in Attachment A to this Resolution, which attachment is by this reference hereby incorporated herein; and BE IT FURTHER RESOLVED that upon this approval, necessary permits may be issued for this development upon full compliance with all applicable codes and ordinances. It was moved by Neuhauser and seconded by Vevera 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 that the Passed and approved this 4th day of November 1980. � w � 4YO ATTEST: L�R C CLERK Received & Approved By The Legal Department �f A-/6 --" /'a 13" ATTACHMENT A TO RESOLUTION NO. 80-488 The approval of the preliminary design plans for the redevelopment of Parcel No. 64-1 submitted by Plaza Towers Associates, as set forth in Resolution No. 80-488 , dated November 4 , 1980, is hereby made subject to the following conditions or reservations: The recommendation of the Design Review Committee, dated September 17, 1980, is attached hereto and incorporated by reference, and approval of the preliminary design plans is subject to the conditions and stipulations stated in said recommendation. Further, the staff memorandum, dated October 16, 1980, is attached hereto and incorporated by reference, and approval of the preliminary design plans is subject to the conditions and requirements stated in said memorandum. /4;76 k --J <--d MINUTES DESIGN REVIEW COMMITTEE SEPTEMBER 17, 1980 CITY MANAGER'S CONFERENCE ROOM MEMBERS PRESENT: Alexander, Seiberling, Summerwill, Sinek, LaFore, Lilly, Wegman, Haupert. MEMBERS ABSENT: Wockenfuss. GUESTS: Jack Klaus, Nancy Halak, Wilfreda Hieronymus, David Perret, Sandy Eskin. STAFF: Chiat, Hauer, Tyler. DISCUSSION OF PLAZA TOWERS ASSOCIATES' PRELIMINARY DESIGN PLANS Nancy Halak, architect from Harry Weese and Associates of Chicago, presented the preliminary design plans for the Plaza Towers Associates hotel/department store project. She stated that the plans grew out of four major goals which the firm had posited: 1) To provide an anchor for the downtown to counter balance Old Capitol Center. 2) To relate to the adjacent pedestrian mall. 3) To encourage pedestrian circulation within the Plaza Towers development. 4) To avoid traffic congestion. The design for the structure grew out of these major goals. In order to provide an anchor, the mass of the structure where Armstrong's will be located will be at the north and east portion of the site, with its main frontage running along College Street. The hotel will be located in a triangular section in the southwest section, with the apex of the triangle located at the corner of College and Dubuque. This positioning of the hotel provides a softening of the massive impact of a thirteen story building on the pedestrian mall. Massing will also be reduced by the exterior materials of brick and silver reflecting glass. In order to avoid congestion, a through street will run between the site and the new parking ramp. This will allow guests to be dropped at the hotel without interfering with traffic. The street will be landscaped with trees to make it more attractive. It will also provide an access from Linn Street to the arcade. A loading dock will be accessible from the street but will be below grade in order to reduce the visibility of loading and receiving activities. Design Review Committee September 17, 1980 Page 2 The lowest levels will be a basement and sub -basement. The basement will contain the hotel's main kitchen and a 400 person convention hall with modular walls. A glass elevator will take people from the basement to the next two levels. The main level will house a galleria and retail area and the hotel lobby (which will be away from the main retail area). This will be Armstrong's main floor. The second level will contain retail shops, Armstrong's second floor, and a glass enclosed access to the ramp. The third level through the thirteenth level will be hotel rooms. The fourteenth floor will house a restaurant with a "sweeping view of the city." In response to questions, Halek explained that the galleria would be enclosed by a glass skylight, the materials for which would be determined by energy efficiency and lighting quality. She stated that the exterior glass would be held in place by aluminum. An airdoor will provide the main entrance from City Plaza into the galleria at the northwest corner, of the site. The galleria will provide the open area into Armstrong's. No door into Armstrong's from College Street is planned at this time. Armstrong's will have metal gates to pull down at night so that the galleria will remain open all night. Members raised several questions about the exterior. The tower will be of reflecting glass. The rest of the exterior will be brick. Hieronymus assured the Committee that the white glazed brick which Armstrong's favored originally had been ruled out. An arcade will run along College Street and Dubuque Street to provide protection for pedestrians. The columns on College Street will be brick clad. The walkways around Armstrong's will be City sidewalks but wherever walkways from the mall into the building occur, the walkways will match the existing City sidewalks. Members asked for specific information about the glass exterior materials. Halak said that the actual materials had not been chosen but that she envisioned spandral glass backed with insulation and drywall, which would be very energy efficient. She estimated that the size of the glass panes would be from three to five feet in height. Perret asked specifically about the type of aluminum to be used and requested color photographs of similar buildings. Some members expressed concern over how the building related to the rest of the downtown. They asked what the exterior wall along Linn Street would look like. They were informed that whether or not windows were placed in the wall would depend on the use of the space. Concern was expressed over how the structure will relate to the new library. Discussion arose about the possibility of providing an entrance at the corner of College Street and Linn Street. Halak said that was possible and that Armstrong's was not opposed to it. However, because of the drop in elevation, steps would have to be placed in the entrance. Members questioned why the pool was located several levels away from the other recreation facilities. Halak explained that the demands for retail /g° 300" Design Review Committee September 17, 1980 Page 3 space and the expense of hanging the pool forced it into the sub -basement. She stated that the decision to open the pool to community use would be up to the hotel management. The pool will be 25 feet by 40 feet with an undetermined depth, possibly only five feet. The elevators will all be inside. The three levels of the atrium will be connected by a glass enclosed elevator. The elevator housing has to be on the top of the tower. The hotel will have internal mechanical equipment but cost studies are still being done to determine whether or not Armstrong's will have internal or rooftop equipment housing. Halak assured the Committee that if the equipment is rooftop, everything possible will be done to mask it. Hieronymus stated that First Hospitality will be the hotel management consultants but that the hotel will be locally owned and operated. The consultants had seen the preliminary design plans and given general approval. Perret expressed concern over the lack of access to Dubuque from the Hotel. Halak stated that most people will come by car and that the galleria will provide access. The developers assured the Committee that very few changes in the design are anticipated as Armstrong's has already signed a lease and much of the work has been costed already. However, the Committee expressed concern over a lack of specific informa- tion. In response to the Committee's query about the elevation of the tower in comparison to the Old Capitol, they were told the developers did not have the information but would provide it in the future. Some members expressed concern over the height of the building. The Committee was most concerned that the design would change appreciably and that the Committee would not be notified of the changes. They also expressed grave concern over the actual materials that would be used in the exterior. Several members expressed approval of the openness of the building and the proposed reflecting glass exterior. Chiat stated that two members of the Committee, Tom Wegman and Nancy Seiberling, had a possible conflict of interest on this particular vote. He said that Plaza Towers Associates had, in compliance with City require- ments, made a full disclosure of all individuals with direct or indirect interests in the developer. Seiberling and Wegman were on that list. Both members disclaimed any conflict of interest. Chiat added that the Legal Department had determined that the Iowa Urban Renewal Statute does not prohibit members from voting if their interest is less than 5% and where the Committee is only advisory in nature. Based on this judgment, the Legal Department advised that both Wegman and Seiberling were eligible to vote. Haupert encouraged them to consider the possible problems that might arise from them participating in the vote. Seiberling stated emphatically that, before her appointment to this Committee, this issue /3 03 Design Review Committee September 17, 1980 Page 4 had been thoroughly aired and at that time she had disavowed any conflict of interest. RECOMMENDATION TO CITY COUNCIL Summerwill moved that the Committee recommend approval of the preliminary design plan concepts, contingent upon further review and approval by the Commitee and City Council of all architectural sepcifics or any changes in the design plans. Sinek seconded. The motion carried with Alexander and LaFore voting nay and Haupert abstaining. OTHER BUSINESS Minutes of July 9, 1980 were approved as circulated. The Adaptive Use and Preservation Symposium scheduled for October 30 and 31, 1980, was discussed. Sandy Eskin, symposium coordinator, presented an overview of the symposium and a possible special meeting for the Downtown Association which the Design Review Committee could sponsor. She said that Michael Nichols from Shlaes and Company, who was the real estate advisor for the National Trust for Historic Preservation and had been the market finance analyst for the three Main Street projects, would be available to speak to the Downtown Association. Members agreed that this was a good opportunity to act on many of the ideas that the Committee felt were important. The meeting was set for 5:00 p.m, Thursday, October 30, at Old Brick. Wine and cheese will be served. Members agreed to invite the Chamber of Commerce members as well as the Downtown Association. A subcommittee will meet Wednesday, September 24, 1980 at 1:00 p.m. to discuss how to contact building owners and merchants. Meeting adjourned Prepared by: ( , Andrea Tyler Minute Taker City of Iowa CI MEMORAN[oUM Date: October 16, 1980 To: City Council and City Manager From: Larry Chiat, Development Coordinator Andrea Hauer, Planner/Program Analyst Re: Preliminary Design Plans Submitted by Plaza Towers Associates INTRODUCTION This memorandum presents the staff response to the preliminary design plans submitted by Plaza Towers Associates on August 29, 1980. Initially, the staff will make two recommendations to the City Council. First, that the general approval of the preliminary design plans by the Council be made subject to the stipulations and conditions contained in the recommendation of the Design Review Committee, dated September 17, 1980. Second, that further information from the developer be required in order to assure compliance with the following specification mandated by the Prospectus: Provide a central HVAC system or an acceptable alternative system approved by the City. The plans submitted for the HVAC system need to be detailed further. It appears that there could be up to six separate systems to service the hotel and department store. It should be noted that staff has not found that the developer has failed to comply with this required specification. Rather, further information from the developer should be required to assure compliance with the above items. II. ISSUES RELATING TO THE PRELIMINARY DESIGN PLANS As might be expected, staff has found the plans to be in the preliminary stages, and some information on the development is still unknown or uncertain. Upon review of these plans, staff feels that the following issues are of concern and it is recommended that the Council require that the developer further address these issues prior to final Council approval of the preliminary design plans: A. There is a problem with respect to the Linn Street entrance/exit in that it presents a conflict between the safe passage of pedestrians traveling north -south on the Linn Street sidewalk and the east - west vehicular traffic emerging from the service and receiving areas of the hotel/department store. This entrance/exit should be very clearly marked and signed for both the safety of the pedestrians and the vehicles. A similar problem will also exist at the Dubuque Street entrance/exit. is 9? 2 -� There is some concern as to how the "Boardwalk" will function safely and effectively, especially as a two-way street. Again, signage, street striping, and traffic barriers are needed to protect the safety of the pedestrian traffic passing at the Dubuque Street and Linn Street intersections with the Boardwalk. In addition, it is not clear as to whether a sidewalk, which would permit pedestrians to walk in a east -west direction, will parallel the Boardwalk. The size of the hotel/department store service and receiving areas may be inadequate. The extent of this problem cannot be identified at this time because the exact number and types of retail tenants are not known. Staff is concerned that the frequency of use of the receiving area together with the number of service vehicles could result in congestion that could overflow onto Dubuque and/or Linn Street. Staff feels that the underground ramping of the service and receiving areas is an effective design approach that alleviates many of the problems and conflicts that could occur between the service and the hotel vehicular traffic. It is felt that with adequate signage, street striping, and traffic barriers that most of the safety issues can be solved. D. It is not clear as to whether the hotel drive-through lane will be functional in terms of use by buses. E. Staff is concerned about the the lack of entrances for the department store on its College Street side, especially with the new library opening directly across the street. Staff recommends that an additional store entrance be placed on the corner of Linn and College Streets, and possibly place another entrance on College Street at a midpoint between Governor Lucas Square and Linn Street. The architect has indicated that Armstrong's would consider constructing additional entrances. The architect indicated that the facade on the Linn Street side would consist of display windows and smaller cut-out type windows for the basement level. However, this design is still in the preliminary stages. Staff recommends that the developer explore placing an entrance on this side. III. ADDITIONAL CONCERNS RELATING TO THE PRELIMINARY DESIGN PLANS The staff has the following additional concerns relating to the preliminary design plans: The exact scale being used on these plans should be clearly identified. iAgp I 4 Because the galleria leading from the parking ramp to the hotel entrance will be closed at nights after 9 or 10 p. m., the question arises as to where the after-hours entrance to the hotel will be. It would seem desirable to have an additional hotel entrance on the Dubuque Street/City Plaza side to remedy this problem. More information concerning the size, noise level, and the exterior screening of the mechanical equipment for the building (i.e. near Governor Lucas Square and fountain) should be required by the Council prior to final approval of the preliminary design plans. For instance, the hotel kitchen is located directly below Governor Lucas Square and it would not seem desirable to have this kitchen vent its exhaust onto the City Plaza. It should be noted that the hotel elevator equipment and housing will protrude above the 14th floor. The Prospectus states that the health club facilities should be placed adjoining the swimming pool "if appropriate". It should be noted that the Plaza Towers Association design shows the swimming pool in the basement and the health club facilities on the second floor. This could present a problem for a health club user who would also wish to use the pool. It should be emphasized that no code compliance review of these preliminary design plans has been attempted. Various changes in the plans can be anticipated in order to assure compliance with the building code. At this point potential code problems that are apparent include the lack of secondary egress from the ballroom in the basement, and that the stairways from the 3rd to 13th floors appear to be located too close to each other. F. If plant materials are going to be used for this development, they should be identified and are subject to City review and approval. G. The color of the exterior facade, the materials and pattern of the materials for the facade have not yet been identified and are subject to City review and approval. H. The lighting and signage for the project are subject to City review and approval. I. With respect to the requirements stated in the Prospectus on the size of this development, the following should be noted: 1. The department store consists of 9,688 square feet in the basement, 29,281 square feet on the first floor, and 36,030 square feet on the second floor, for a total of 74,999 square feet. This is within the 75,000 square feet maximum established by the Prospectus. is 77 1 A A The small shop retail space consists of 3,462 square feet on the first floor of the hotel, 5,783 square feet on the second floor of the hotel, and 5,755 square feet in the basement of the department store portion of the development. This is a total of 15,000 square feet of small shop retail, which is the maximum established by the Prospectus. The developer indicates that there will be a total of 15,450 square feet in the basement of the department store portion for "office, service and storage." The plans submitted by Plaza Towers Associates in April, 1980, indicated a total of 9,584 square feet in the basement of the department store portion for "storage". The developer indicates that this change has resulted from recently completed soil boring tests, which apparently dictate that a full excavation is necessary for the foundation. tp/sp cc: Don Schmeiser RESOLUTION NO. 80-48 RESOLUTION TO REFUND CIGARETTE PERMIT W11EREAS,Cheker-Imperial Oil Company at 1854 S. Riverside Dr. in Iowa City, Iowa, has surrendered cigarette permit No. 81-22 , expiring June 30th , 19 81 , and requests a refund on the unused portion thereof, now therefore, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that cigarette permit No. 81-22 issued to Cheker-Imperial Oil Company be cancelled, and BE IT FURTHER RESOLVED that the Mayor and City Clerk be and they are hereby authorized and directed to drew a warrant on the General Fund in the amount of $ 50.00 , payable to Cheker-Imperial Oil Company of Iowa as a refund on cigarette permit No. 81-22 . It was moved by Roberts and seconded by Neuhauser that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Balmer x Lynch x Erdahl x Neuhauser x Perret x Roberts x Vevera x Passed and approved this 18th day of November , 1980 Attest: /305 RESOLUTION NO. 80-490 RESOLUTION TO ISSUE CIGARETTE PERMITS WHEREAS, the following firms and persons have made appli- cation and paid the mulct tax required by law for the sale of cigarettes and cigarette papers; therefore, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the applications be granted and the City Clerk be and he/she is hereby directed to issue a permit to the following named persons and firms to sell cigarette papers and cigarettes: Revco Discount Drug Centers of Iowa, Inc., dba Revco Discount Drug Center No. 3019, 1101 S. Riverside Drive It was moved by Roberts and seconded by Neuhauser that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Balmer x Lynch x Erdahl x Neuhauser x Perret x Roberts x Vevera x _ Passed and approved this 18th day of November 19 80 ayor Attest: - City Clerk ) /304 RESOLUTION NO. 80-491 RESOLUTION ACCEPTING THE WORK FOR TI -1E NEIGHBORHOOD SITE IMPROVDfENTS - SIDEWALK REPAIR. PROGRAM WHEREAS, the Engineering Department has recommended that the im- provement covering the Neighborhood Site Improvements - Sidewalk Repair Program as included in a contract between the City of Iowa City and Streb Construction Company Inc, of Iowa City, Iowa dated December S, 1979 , be accepted, AND WHEREAS, the Council finds the improvement is in place and does comply with the requirements for such improvements, AND WHEREAS, maintenance bonds have been filed, NOW THEREFORE, BE IT RESOLVED by the City Council of Iowa City, Iowa, that said improvements be hereby accepted by the City of Iowa City, Iowa. It was moved by Roberts and seconded by Neuhauser that the resolution as re e a opt , and upon roll call ere were: AYES: NAYS: ABSENT: Balmer x Erdahl x Lynch x Neuhauser x Perret x Roberts x Vevera x Passed and approved this 18th day of November 19 80 &x_ Z R �//I 7 ? , Mayor ATTEST : /�1�� RECEIVED & APPROVED City Clerk BY LEGAL DEPAR IflWT /,307 CITY OF IOWA CITY CIVIC CENTER 410 E. WASHINGTON ST IOWA CITY IOWA 52240 (319) 354.1800 ENGINEER'S REPORT November 12, 1980 Honorable Mayor and City Council Iowa City Iowa Dear Honorable Mayor and Councilpersons: 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 City. The required maintenance bond is on file in the City Clerk's office. Neighborhood Site Improvements - Sidewalk Repair Program as constructed by Streb Construction Company, Inc. of Iowa City, Iowa. I hereby recommend that the above mentioned improvements be accepted by the City of Iowa City. Respectfully submitted, Charles Charles J. Schmadeke, P.E. City Engineer bdw3/3 1305 -- RESOLUTION NO. 80-492 RESOLUTION REPEALING RESOLUTION NO. 78-230 WHICH PROHIBITED TRAVEL TO STATES WHICH HAD NOT RATIFIED THE EQUAL RIGHTS AMENDMENT WHEREAS, Resolution No. 78-230 provided that no monies of the City of Iowa City shall be spent on out of state travel, food, accommodation expenses, or convention costs for governmental employees who attended conventions, conferences, or committee meetings in states which have not ratified the Equal Rights Amendment, and WHEREAS, the City has contacted organizations and communicated its opposition to conventions and conferences in states which have not ratified the Equal Rights Amendment. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY: That Resolution No. 78-230 be repealed. It was moved by Roberts and seconded byyevera 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 18thday of November 1980. YOR ATTEST: CITY CLERK RECFIV!.:0 k. Arnrr,.7rn BY TED) ' Tr _�. it /3 0,7 RESOLUTION NO. 80-493 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE IOWA CITY DOWNTOWN ELECTRICAL REVISIONS, PHASE I ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECT- ING CITY CLERK TO PUBLISH NOTICE TO BIDDERS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. WHEREAS, notice of public hearing on the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project was published as required by law, and the hearing thereon held. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project are hereby approved. a 2. That the amount of bid security to accompany each bid for the construction of the above-named project shall be in the amount of 5% of bid payable to Treasurer, City of Iowa City, Iowa. 3. That the City Clerk is hereby authorized and directed to publish notice for the receipt of bids for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the city not less than four (4) nor more than twenty (20) days before the date established for the receipt of bids. 4. That bids for the construction of the above-named project are to be received by the City of Iowa City, Iowa, at the Office of the City Clerk, at the Civic Center, until 10:00 a.m. on the 17th day of December 1980. Thereafter, the bids will be opened by the , and thereupon referred to the Council of the City of Iowa City, Iowa, for action upon said bids at its next meeting to be held at the Council Chambers, Civic Center, Iowa City, Iowa, at 7:30 p.m. on the 30th day of December , 19 80 . 1 -- /3/00 Page 2 Resolution No. 80-493 It was moved by Neuhauser and seconded by Perret that the Resolution as rea e a opte , and upon roll ca t ®re were: AYES: NAYS: ABSENT: X Balmer Abstain Erdahl x Lynch x Neuhauser x Perret x Roberts x Vevera Passed and approved this 18th day of November , 1980. ATTEST:<� CITY CLERK 0 /3// RESOLUTION NO. 80-494 RESOLUTION APPROVING FY '82, '83, '84, '85, '86 OFFICIAL REPORT OF MUNICIPALITIES FOR THE STREET CONSTRUCTION PROGRAM FROM JULY 1, 1981, to June 30, 1986 BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, JOHNSON COUNTY, IOWA, that the Official Report of Municipalities for Street Construction Program from July 1, 1981, to June 30, 1986, be approved. It was moved by Vevera and seconded by Perret that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x x x x- x x x BALMER .1:■ LYNCH NEUHAUSER PERRET ROBERTS VEVERA Passed and approved this 18th day of November , 1980. LlMayor t � ATTEST: City Clerk RECi,IVED & APPROVED BY T LEGAL-`,aTIMIT Iowa Department of Transportation Form 220001 5 79 CITY OFFICIAL STREET CONSTRUCTION PROGRAM FOR ❑ CITIES - Pop. 1,000.4,999 (one-year) ® CITIES - Pop. 5,000 & over (five-year comprehensive) City of Iowa City COUNTY Johnson FROM JULY 1, 1981 TO JUNE 3o,1 986 1. Abbie Stolfus of Iowa Ci city clerk of the City do hereby certify that the city counclI has by resolution approved this official report as Its fiscal July 1, 1981 to June 30, 1986 one-yearlfive-year comprehensive Street Construc- tion Program this Month Nnvpmhpr , Day IS Year 1980. City Clerk S Mailing Address 410 E. Washington St. Iowa City, Iowa 52240 Daytime Phone No. (319)354-1800 Hours Available 8:00 a.m. - 5:00 p.m. (Are. Code) John Balmer , Mayor MEMBERS OF THE COUNCIL John Balmer Clemens Erdahl Mary Neuhauser David Perret Glenn Roberts Robert Vevpra Cities -Pop. 5,000 & over shall file, on or before December 1 of each year, two copies of this report with the Iowa Department of Transportation. Cities -Pop. 1,000-4,999 shall file, on or before December 31 of each year, two copies of this report with the Iowa Department of Transportation. I DISTRIBUTION: While Office of Transportation Inv.; Yellow - City Copy; Pink • District Transportation Planner /313 'CRv 222 v, 3 c TYPE OF CONSTRUCTION 1. RIGHT OF WAY 2 GRADE AND DRAIN 3 PAVE A RECONSTRUCTION 5. PAVEMENT WIDENING 6. RESURFACING 7. SHOULDER WIDENING S. SURFACE RESTORATION 9. BRIDGE OR CULVERT ONLY 10. INTERSECTION LIGHTING 11. STREET LIGHTING 12. MISCELLANEOUS VL1 STATE FUNCTIONAL JLASSIFICATION OX ARTERIAL EXTENSION 05 ARTERIAL CONNECTOR EXTENSION 06 TRUNK EXT OF 07 TRUNK RURAL COLLECTOR SYSTEMS 10 MUNICIPAL ARTERIAL SYSTEMS 11 MUNICIPAL COLLECTOR SYSTEMS 12 MUNICIPAL SERVICE SYSTEMS STREET CONSTRUCTION PROGRAM For July 1, 19 81 To June 30, 1986 Pop. 1,000 - 4,999 ❑ 1 year program Pop. 5,000 d over M S year program R.U.T. 4 SHEET I OF 2 CITY Iowa City COUNTY Johnson F1Y PROJ. NO. STREET NAME PROJECT LIMITS STATE FDNC. CLASS. EXISTING SURFACE TYPE OF CONSTR. PROJECT LENGTH (MILES) TOTAL ESTIMATED COST (DOLLARS) FROM TO 82 1 Scott Blvd. Hwy #6 Muscatine 10 Gravel 1,2,3 1.50 1,080,0( 82- 86 2 Asphalt Resurfac (Miscellaneous locations) 10,11,12 A.C. or P.C.C. 6 Unknown 5 @ 250,000 1,250,000 82 3 Scott Blvd. Muscatine Court 10 onexisting 1,2,3 0.50 600,000 82 4 Summit Bridge Deck At Roc Railro Island d Crossing 11 Asphalt 9 50,000 Railroad Crossing 82 5 Repair (Miscellan ous locations) 10 Asphalt 12 100,000 Alley Paving 82 6 1 Projects CBD rea. 12 Asphalt 2,3 0.50 12530( Grand Avenue/ 82 7 Byington Inte section 10 P.C.C. 4 0.10 110,000 83 8 Linn Street Burlington Washington 11 Asphalt 4 0.15 1755000 83 9 Iowa Avenue At Iowa River 10 P.C.C. 9 0.10 860,000 84 10 Burlington St. At Iowa River 10 P.C.C. 9 0.10 980,000 85 11 Benton/Riverside Inte section 10 P.C.C. 4 0.30(City Share) 500,000 CORM 2201; l.PC TYPE OF CONSTRUCTION 1_ RIGHT OF WAY 2. GRADE AND DRAIN 3, RAVE A. RECONSTRUCTION 5. PAVEMENT WIDENING B. RESURFACING 7. SHOULDER WIDENING a. SURFACE RESTORATION 9. BRIDGE OR CULVERT ONLY 10. INTERSECTION LIGHTING 11. STREET LIGHTING 12. MISCELLANEOUS STATE FUNCTIONAL JLASSIFICATION 04 ARTERIAL EXTENSION 05 ARTERIAL CONNECTOR EXTENSION 0a TRUNK EXT OF 07 TRUNK RURAL COLLECTOR SYSTEMS 10 MUNICIPAL ARTERIAL SYSTEMS 11 MUNICIPAL COLLECTOR SYSTEMS 12 MUNICIPAL SERVICE SYSTEMS SIREEI CUNSTRUCTION PROGRAM For July 1, 19 21 To June 30, 19R(y_ Pop. 1,000 - 4,999 ❑ 1 year program Pop. 5,000 6 over IT(I 5 year program R.U.T. 4 SHEET 2 OF 2 CITY _ Iowa City COUNTY Johnson FN PROJ. NO. STREET NAME PROJECT LIMITS STATE FUNC. CLASS. EXISTING SURFACE TYPE OF CONSTR. PROJECT LENGTH (MILES) TOTAL ESTIMATED COST (DOLLARS) FROM TO 86 12 Camp Cardinal Bridge At Clear Creek 12 Timber 9 0.05 216,OC. 82- 86 13 Street & curb repair (Miscellaneous locations) 10,11,12 P.C.C. 4 Unknown 5 @ 66,830 334,000 t City of Iowa Ci, MEMORANDUM DAVIT November 14, 1980 TO: Neal Berlin & City Council �J FROM: Chuck Schmadeke, City Engineer RE: Road Use Tax Funds The Iowa Code requires that cities receiving allotments of Road Use Tax Funds submit to the Iowa Department of Transportation for review a 5 -year program of proposed street construction and reconstruction for its total system of streets. This report must be submitted by December 1, 1980. The City Council needs to pass a resolution approving the attached report and also authorizing the Mayor and City Clerk to sign the report. RESOLUTION NO. 80-495 RESOLUTION APPROVING FURTHER ELEMENTS OF THE PRELIMINARY DESIGN PLANS FOR SIGNAGE FOR OLD CAPITOL CENTER (URBAN RENEWAL PARCELS 83-1 AND 84- 1). WHEREAS, the City Council of the City of Iowa City, Iowa, has, pursuant to Resolution 78-456, approved the preliminary design plans for the redevelopment of Urban Renewal Parcels 83-1 and 84-1, subject to the reservation of the right to review signage prior to installation; and WHEREAS, Old Capitol Center Partners have submitted preliminary design plans for signage for Urban Renewal Parcels 83-1 and 84-1; and WHEREAS, said preliminary design plans have been partially approved by the City Council, pursuant to Resolution No. 80-475; and WHEREAS, further recommendations from the Design Review Committee concerning said preliminary design plans have been received by the City Council; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that further elements of the preliminary design plans for signage submitted by Old Capitol Center Partners for Urban Renewal Parcels 83-1 and 84-1 (Old Capitol Center) are hereby approved, as set forth in Attachment A to this Resolution, which attachment is by this reference hereby incorporated herein; and BE IT FURTHER RESOLVED, that upon this approval, necessary permits for installation of signage may be issued for this redevelopment project, contingent upon full compliance with all applicable codes and ordinances. It was moved by NenhnnsPr and seconded by perret the Resolution 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 18th day of Nov. 1980. i _ AYOR ` ATTEST: CITY CLERK M zrzBII liFER'!'1f:rP;i i - Resolution No. 80• i Page 2 ATTACHMENT A TO RESOLUTION NO. 80-495 The approval of the following elements of the preliminary design plans for signage submitted by Old Capitol Center Partners is hereby made, subject to the following conditions or reservations: 1. The lowering of the J.C. Penney sign located on Capitol Street is hereby approved, so that this sign is aligned with the other anchor signs on the facade of Old Capitol Center. 2. The design and location of the theatre reader board in the sign band of Old Capitol Center is hereby approved, subject to the use of Helvetica lettering in the sign band. 3. The design of the Osco sign is hereby approved, subject to the condition that the sign will appear white in color when it is not lighted (i.e. during daylight hours), and orange in color when it is lighted (i.e. during night hours). 4. That Old Capitol Center Partners, after consultation with their designer, shall again present a design of the Old Capitol Center sign to the Design Review Committee for additional review and a further recommendation to the City Council. RESOLUTION NO. 80-496 RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH von BRIESEN AND REDMOND, S.C., FOR LABOR NEGOTIATION SERVICES. WHEREAS, the City of Iowa City and von Briesen and Redmond S.C., have negotiated an agreement providing for labor relations services, and WHEREAS, the City Council deems it in the public interest to enter into this agreement. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the City Manager is hereby authorized to enter into an agreement, attached hereto, with von Briesen and Redmond S.C. for labor negotiation services. It was moved by Neuhauser and seconded by Roberts 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 18th day of November , 1980. MAYOR ATTEST: CITY CLERK LABOR RELATIONS SERVICES AGREEMENT WHEREAS, the City of Iowa City, Iowa, hereinafter referred to as the "City" is desirous of retaining labor negotiations and other labor consulting services, and WHEREAS, von Briesen & Redmond, S.C. oy Steven B. Rynecki, 757 North Broadway, Milwaukee, Wisconsin, 53202, provides and offers such services, NOW, THEREFORE, in consideration of the mutual promises hereinafter contained, IT IS AGREED that: 1. City retain von Briesen & Redmond, S.C., by Steven B. Rynecki, to represent City in labor negotiations and certain other labor relations and personnel matters as requested by the City. 2. von Briesen & Redmond, S.C., by Steven B. Rynecki, perform such services which may include, among others: (a) Negotiation and drafting of labor agreements; (o) Analysis and recommendations on salaries, bene- fits and personnel policies for unorganized em- /,32 1 ployees; (c) Representation in arbitration proceedings and court appearances; (d) Representation before the U.S. Department of Labor, Equal Employment Opportunity Commission and other federal and state administrative agencies regarding employment related matters; (e) Contract administration, grievance and arbitra- tion proceedings, personnel administration, em- ployee communications assistance, supervisory training, safety consultation and employee ben- efit insurance review; (f) Consultation and advice in the handling of strikes, slowdowns and other Work stoppages. 3. (a) Such services will be performed and billed for by von Briesen & Redmond, S.C., by Steven B. Rynecki, and paid for by City at such hourly rates as are agreed upon between the parties /,32 1 under separate document. Overhead expenses such as clerical services and use of equipment and library are included in such hourly rates and are not separate charges. (b) von Briesen & Redmond, S.C. by Steven B. Rynecki will bill City for its services and expenses on a monthly basis, such invoice to contain a list- ing of the activities and services performed and the expenses incurred. 4. This agreement shall be in effect for a two year period beginning August 15, 1980, and continue in effect and be binding on the parties, their successors and assigns. Any amendments to or modifications of this agreement shall be in writing and signed by both parties. IN WI NESS WHERE -70 parties have signed this agreement this lS T�day of UE�Ot�� , 1980. von BRIESEN & REDMOND, S.C. By Steven B. Rynecki -2- CITY OF IOWA CITY, IOWA ERCE(VFD 1. G; : , .. .j ZZ 44 LE4AL DL"L'616:J!T /2 AI A ADDENDUM - FEE SCHEDULE Pursuant to paragraph 3(a) of the attached Labor Relations Services Agreement between the City of Iowa City, Iowa and von Briesen & Redmond, S.C., by Steven B. Rynecki, the rate for la- bor relations consulting services is established at $65.00 per hour up to a maximum of $9,500 per year. This fee arrangement shall only apply to services related to negotiating, through mediation, three (3) labor agreements per year (one (1) for the police department bargaining unit, one (1) for the AFSCME bar- gaining unit and one (1) for the fire department bargaining unit). Fees for other services shall be charged at $65.00 per hour. Time spent in travel outside the hours of 8:00 a.m. and 6:00 p.m. shall not be charged. von BRIESEN & REDMOND, S.C. By 9Jy4A. Steven -'B. Rynecki Accepted: City of Iowa City, Iowa Date: 1980 , 1980. -3- /3 0z A RESOLUTION NO. 80-497 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AGREEMENTS WITH THE IOWA DEPARTMENT OF TRANSPORTATION TO PROVIDE TRANSIT CAPITAL AND OPERATING ASSISTANCE FOR FY81. WHEREAS, it is in the public interest to provide improved public transit for the citizens of Iowa City, and WHEREAS, the Iowa Department of Transportation will provide capital and operating assistance to the City of Iowa City to support its transit system. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA, to authorize the Mayor to sign and the City Clerk to attest Agreements with the Iowa Department of Transportation to provide transit capital and operating assistance for FY81. It was moved by Erdahl and seconded by Neuhauser 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 18th day of November 1980. MAY'R ATTEST: CITY CLERK Received & Approved By The Legal Department lJo2J C• 0 ]OROLPARTMENT Of 1RfJiSP(l{tIATION 110' PUBLIC TRANSIT DIVISION JOINT PARTICIPAIION AGRLEMENT FOR THE STATE TRANSIT ASSISTANCE PROGRAM Lff.t%sm 1.0 General Provisions 2.0 Roles and Responsibilities Public Agency 3.0 Roles and Responsibilities Department 4.0 No Provisions 5.0 Performance Standards 6.0 Finances 7.0 Reporting Requirements of the of the ASSURANCES and CERTIFICATIONS: None CgPITAL Also made part of this AGREEMENT not here attached are the, following standard provisions: PART II: 8.0 Contract Non -Performance 9.0 Settlement of Disputes 10.0 Termination or Suspension of Project 11.0 Renewal, Renegotiations, and Modifications 12.0 Hold Harmless 13.0 Assignability and Subcontracting 14.0 Interest and Prohibited Interest 15.0 Additional Agreement Provisions 1.0 GENERAL PROVISIONS 1.1 PARTIES TO AGREEMENT APPENPICIES: B. Cost Principles (FMC 74-4), 34 CFR 255 (7/25/74) G. Title VI, Civil Rights J. Iowa DOT -IAC, Transportation Procurement, 820-[01,B] Chapter 2 M. Iowa DOT -IAC, Advance Allocation of State Transit Assistance Funding, 820- [09,6] Chapter 2 N. Iowa DOT -IAC, Financial Assistance, 820-[09,B] Chapter 1 IS AGR EEM NT, made and entered into this (o, day of 19�, by and between the IOWA DEPARTMENT 0 TRANSPORTATION, an. agency of the State of Iowa, herein- after called the "DEPARTMENT", and the Iowa City Transit System Tocated at _ITU—Eases-Haas _1 ng ton, Iowa city, wa-___5724U_ hereinafter le�the PUBLIC AGENCY'". In consideration of the mutual covenants, promises and representations herein, the parties agree as follows: 1.2 PERFORMANCE PERIOD The DEPARTMENT agrees to participate in the PROJECT as out- lined in this AGREEMENT from July 1, 1980 through June 30, 1982 /3.1,04 State Transit Ass ante Agreement 1.3 PURPOSE OF AGREEMENT CAP: 5/80 The purpose of this AGREEMENT is to provide financial assistance to the PUBLIC AGENCY as appropriated and authorized by H.F. 738 Second Session of the sixty—eigh General Assembly for capita asses ante as described in the appli- cation herein made as a part of this AGREEMENT and allowed in 820-[09,B] Chapter 1, IAC on Financial Assistance made part of this AGREEMENT as Appendix N. 1.4 ITEMS COVERED BY THE AGREEMENT Items covered by this AGREEMENT include the parties to the AGREEMENT, the terms and conditions upon which reim- bursement will be provided and the understandings and promises made as to the manner in which the transit system will be undertaken and completed. 1.5 DEFINITIONS OF TERMS , The following terms when used in this AGREEMENT will have the following meanings: (a) CAPITAL EXPENSES - all eligible transit system expenses related to the purchase or contruction of transit equipment and facilities. (b) CAPITAL SUPPORT NEED - capital expenses that need to be covered by capital funding. (c) CAPITAL SUPPORT - all monies received by the transit system not specifically related to transporting individuals or contracting on the basis of units of service, but for the purpose of underwriting the capital support need. (d) CAPITAL PROGRAM SUPPORT - total capital support less the capital support from sources other than the Iowa Department of Transportation. (e) PROJECT - specific element or task of this AGREEMENT described in Section 6.2 for which a maximum amount and participation percentage has been established. (f) CEILING AMOUNT - maximum amount assigned to specific tasks or elements of this AGREEMENT, or for this AGREEMENT as a whole. (g) PARTICIPATION PERCENTAGE - the percentage which denotes the part of portion of the PROJECT or task which will be funded by any given funding source. (h) FUNDING COMMITMENT - the maximum amount or participationPercentage any given funding committed to through the PUBLIC AGENCY for maximum source has this AGREEMENT /3.? -T State Transit Ass ance Agreement CAP: 6/80 (i) CAPITAL CONTRACT SUPPORT - capital support contracted ( to the PUBLIC AGENCY. 1.6 AUTHORIZED REPRESENTATIVE The authorized representative of the PUBLIC AGENCY is John Balmer .e., wno nas signatory powers). 1.7 PROJECT MANAGER The project manager for this AGREEMENT on the staff of the PUBLIC AGENCY is F.ugh Mose Jr. who is directly responsible for the performance called for in this AGREEMENT. 2.0 ROLES AND RESPONSIBLITIES OF THE PUBLIC AGENCY -. 2.1 The PUBLIC AGENCY shall purchase all capital equipment and cons,pruct all facilities in the AGREEMENT for which financial assistance is being provided by the DEPARTMENT pursuant to this AGREEMENT. 2.2 The PUBLIC AGENCY shall disclose to the DEPARTMENT any additional funding sources that may be acquired or made available to the AGENCY during the AGREEMENT period. 2.3 The PUBLIC AGENCY shall commence to carry out the goals and objectives as described in Section 5.8. 3.0 ROLES AND RESPONSIBILITIES OF THE DEPARTMENT 3.1 The DEPARTMENT will promptly reimburse the PUBLIC AGENCY for all justified and complete billings. However, the DEPARTMENT may deny part or all of any reimbursement request from the PUBLIC AGENCY that the DEPARTMENT feels is not warranted or justified or that may exceed the rightful amount of reimbursement to the PUBLIC AGENCY. 3.2 The DEPARTMENT shall provide management and technical assistance to the PUBLIC AGENCY as noted and detailed in Chapter 601J of the Code of Iowa (1979). 3.3 The DEPARTMENT shall, as security for the funding, hold a security interest on all vehicles and equipment purchased through this AGREEMENT by the PUBLIC AGENCY with the State Transit Assistance participation. The security interest shall be a percentage of the market value equal to the percentage of the purchase price that the State Transit Assistance funds represent. 4.0 NO PROVISIONS _. 5.0 PERFORMANCE STANDARDS -3- /32.(i State Transit Ass.- ance Agreement CAP: 6/80 5.1 through 5.5 - No provisions 5.6 DATA AND FINANCIAL REPORTING ACCURACY 5.61 The PUBLIC AGENCY shall be responsible for seeing that a set of accounts is established to which all transportation -related costs, revenues, and capital sources are recorded so that they may be clearly identified, easily traced, and substantially docu- mented. If the Uniform Data Management System, developed by the DEPARTMENT, has been implemented in the PUBLIC AGENCY, the Uniform Data Management System shall be fully utilized and maintained as the system by which the above information is gathered, kept, organized and reported. 5.62 The PUBLIC AGENCY may charge all eligible and allowable costs to the PROJECT. (A) Eligible costs are those costs attributable to the specific work covered by this AGREEMENT and allowable under the provisions of Federal Manage- ment Circular 74-4, (34CFR 255) Appendix B "Standards of Selected Items of Cost" made part of this AGREEMENT as Appendix B. (B) No cost incurred by the PUBLIC AGENCY or any of _ its contractors prior to the effective date of this AGREEMENT will be eligible for reimbursement as a PROJECT COST. (C) All costs charged to the PROJECT shall be supported by properly executed payrolls, time records, invoices, vouchers, warrants, contracts, and any other support evidencing that those costs were specifically incurred and paid. All documentation of PROJECT costs shall be clearly identified and readily accessible. 5.7 NON-DISCRIMINATION 5.71 Civil Rights The PUBLIC AGENCY will comply with all the requirements imposed by Title VI of the Civil Rights Act of 1964 and the non-discrimination clauses attached as the Appendix G and hereby made a part of this AGREEMENT. 5.72 Equal Employment Opportunity (A) In connection with the execution of this contract, the PUBLIC AGENCY shall not discriminate against any employee or applicant for employment because of race, age, handicap, religion, color, sex, or national origin. The PUBLIC AGENCY shall take /3.27 I State Transit As! 5.73 Lance Agreement CAP: 6/80 affirmative action to insure that applicants are employed, and that employees are treated during their employment, without regard to their race, age, handicap, religion, color, sex, or national origin. Such actions shall include, but not be limited to the following: employment, promotion, demotion, or transfer, recruitment, or recruitment advertising, layoff, or termination, rates of pay or other forms of compensation, selection for training (including apprenticeship), procurements of materials, and leases of equipment. The PUBLIC AGENCY shall not participate either directly or indirectly in prohibited discrimination. (B) In all solicitations either by competitive bidding or negotiation made by the PUBLIC AGENCY for work to be performed under a subcontract, including procurement of materials or leases or equipment, each potential subcontractor or supplier shall be notified by the PUBLIC AGENCY of the PUBLIC AGENCY's obligations under this contract relative to non-discrimination on the grounds or race, age, handicap, color, sex, national origin, or religion. inority Business Enterprise In connection with the performance of this contract, the PUBLIC AGENCY will cooperate with the DEPARTMENT in meeting its commitments and goals with regard to the maximum utilization of minority business enter- prises and will use its best efforts to insure that minority business enterprises shall have the maximum praciticable opportunity to compete for subcontract work under this contract. 5.8 - No Provisions -5- 13a2if State Transit As! ance Agreement 5.9 PROJECT PROPERTY 5.91 Purchase of Property The major items of Property as listed in of this AGREEMENT have been approved as the DEPARTMENT and the costs, therefore, in the contract price. CAP: 6/80 Section 6.2 direct costs by are included The DEPARTMENT will bid and purchase vehicles on behalf of the PUBLIC AGENCY if the PUBLIC AGENCY so desires. If the PUBLIC AGENCY bids and purchases vehicles and equipment, the PUBLIC AGENCY shall comply with the following competitive bidding procedures or negotiated procedures. A. FMC 74-4 (Appendix B), B. Iowa DOT -IAC, Transportation, Procurement (Appendix J), Any Property purchased and/or constructed under this AGREEMENT shall be done so on land which is free of all legal encumbrance and a legal description of the des- ignated tract of land shall be on file with*the Applicant. 5.92 Use and Disposition of Property The PUBLIC AGENCY agrees that the Property shall be used for the provision of public transportation service within the area described in the application for the life of the PROJECT. If the Property is not continuously used for public transportation in a manner similar to that intended by the application, the PUBLIC AGENCY shall immediately notify the DEPARTMENT and shall dispose of such Property in accordance with the following provisions: c_ C A. If the Property is "retained" by the PUBLIC AGENCY, the PUBLIC AGENCY shall reimburse the DEPARTMENT in an amount equal the DEPARTMENT's participation percentage of the fair market value of the Property, based. upon expert and objective appraisal, which value must be approved in writing by the DEPARTMENT, or B. If the Property is sold, it shall be sold by the public agency, at the highest price obtain- able at public or private sale, subject to written approval of the sale price by the DEPARTMENT. The DEPARTMENT's participation percentage of the sale �� price, less the DEPARTMENT's participation percent age of the expense of the sale, shall be paid to th'e' DEPARTMENT. /3-29 C State Transit Assistance Agreement CAP: 6/BO The PUBLIC AGENCY shall maintain the property at a high level of cleanliness, safety and mechanical soundness. The DEPARTMENT shall have the right to conduct periodic inspections for the purpose of con- firming proper maintenance pursuant to this paragraph. 6.0 FINANCES 6.1 METHOD OF PAYMENT The method of payment by the DEPARTMENT is the reimburse- ment of expenses up to limits described in this AGREEMENT, as follows: 6.11 For each project of this AGREEMENT the DEPARTMENT will, upon receipt of sufficient documentation and appropriate request, reimburse the PUBLIC AGENCY for the lesser of the following two amount: A. Ceiling amount established in this AGREEMENT for the project, as denoted in Section 6.2; and B. The amount corresponding to the DEPARTMENT's project participation percentage multiplied by the actual project amount as denoted in Section 6.2. /330 State Transit As! Lance Agreement CAP: 6/80 6.2 FINANCIAL LIMITS 6.21 The estimated total transportation capital support need of the PROJECT is 5 241,241 based upon the \ following analysis: 6.22 The DEPARTMENT's participation in the PROJECT•cost will be limited to the following funding criteria: PROJECTS DEPARTMENT'S CEILING AMOUNT DEPARTMENT'S PARTICIPATION PERCENTAGE 1. One bus with lift, farebox 12,998*/1,975** 8.7a*./108 ** 2. One 2—way radio system 5,000* 10` 3. 4. 5. 6. DEPARTMENT'S TOTAL CEILING AMOUNT $17,998 *• # FY 1981 contract ** Previous FY'80 contract Im 1331 r State Transit Assi ince .Agreement CAP: 6/80 6.23 The capital expenses for the PROJECT will be covered by capital funding consisting of the following sources: * FY 1981 contract ** Previous FY180 contract 6.3 PAYMENT OF FUNDS 6.31 In the case of any individual project amount, if the amount eligible to be paid equals zero dollar, there will be no funding by the DEPARTMENT for any such projects (refer to Sections 6,1 and 6.2). 6.32 Reimbursement requests by the PUBLIC AGENCY to the DEPARTMENT ahall be made by project as outlined in Section 6.2. Reimbursement requests shall reflect costs incurred toward each task. Overruns in costs of tasks shall not be reimbursed unless a "change of work" request has the approval of the DEPARTMENT prior to the occurrance of the cost overrun. The DEPARTMENT's total ceiling amount shall not be increased by this pro- vision. 6.33 Any revenue funds shall generated by be credited interest payments on PROJECT to the PROJECT. 1330L State Transit Ansi, ince Agreement CAP: 6/80 6.4 NO PROVISIONS 6.5 AUDIT AND INSPECTION OF BOOKS, PROPERTY AND SERVICE 6.51 All accounting practices applied and all records maintained will be in accordance with generally - accepted accounting principles and procedures as well as those that may be prescribed by the DEPARTMENT. 6.52 The PUBLIC AGENCY shall permit and shall require its contractors to permit the DEPARTMENT's authorized representatives to inspect all work materials, records, and any other data with regards to the AGREEMENT and to audit the books, records, and accounts of the PUBLIC AGENCY and its contractors with regards to the AGREEMENT. 6.53 All records applicable to the AGREEMENT must be retained and available to the DEPARTMENT for a period of three (3) years after the issuance of the audit certi#icate concerning this AGREEMENT. The PUBLIC AGENCY shall provide copies of said records and documents to the DEPARTMENT upon request. 6.54 The PUBLIC AGENCY shall provide all information and reports required by the DEPARTMENT, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be deter- mined by the DEPARTMENT to be pertinent to ascertain compliance. Where any information required of the PUBLIC AGENCY is in the exclusive possession of another who fails or refuses to furnish this infor- mation, the PUBLIC.AGENCY shall so certify to the DEPARTMENT and shall set forth what efforts it has made to obtain the information. 6.55 The PUBLIC AGENCY shall permit the DEPARTMENT or its authorized representatives to inspect all vehicles, facilities and equipment that are part of the transit system, all transportation services rendered by the PUBLIC AGENCY by the use of such vehicles, facilities and equipment, and all transit data and records. 7.0 REPORTING REQUIREMENTS 7.1 NO PROVISIONS 7.2 FINAL REPORT C. C. At the end of the contract period or at the time of the final request for reimbursement, the PUBLIC AGE14CY must submit within 45 days a final invoice showing the capital expenses, support and non -transportation revenue (used for capital ,,if any) for this PROJECT. -10- 333 State Transit Ass ante Agreement 7.3 REIMBURSEMENT INFORMATION CAP: 6/80 7.31 .The PUBLIC AGENCY may submit progressive billings to the DEPARTMENT covering those eligible costs by project that have been incurred by the PUBLIC AGENCY. 7.32 The PUBLIC AGENCY agrees to submit any necessary ,data and information as the DEPARTMENT may require to jus- tify and support said costs and payments for each project. 7.33 All requests for capital assistance must be itemized so as to allow the DEPARTMENT to verify that the costs conform to the budget and line -items as outlined in this AGREEMENT. 7.34 All invoices for capital assistance must be accompanied by either a purchase order or an invoice from the vendor. 7.4 REPORT SUBMISSIONS d All reports and submissions from the PUBLIC AGENCY con- cerning this AGREEMENT shall be sent to the Public Transit Division, Iowa Department of Transportation, 5268 N.N. Second Avenue, Des Moines., IA 50313. IN WITNESS WHEREOF, the parties hereunto have caused this AGREEMENT to be executed by their proper officials thereunto duly authorized as of the .dates below indicated. IN WITNESS THEREOF, we have hereunto set our hands this oZ6 _ d a y of 1980. IOWA CIT% TRANSIT SYSTEM PUBLIC TRANSIT DIVISION 410 E. WASHINGTON IOWA DEPARTMENT OF TRANSPORTATIOP IOWA CITY, IOGVA 52240 5268 N.W. SECOND AVENUE DES MOINES, IA 50313 Phone: (515) 281-4265 Bv:�/J G :.�.�c._-By: oh/n�B Ba�l-mer,,�Mayor Vane Short, Director RECEIVED & bPRBGVED EY LF,M DEPARTMENT // S �O -11- /3 3 yV r IOWA DEPARTMENT OF TRfJ4SPORTAIION PUBLIC TRANSIT DIVISION JOINT PARTICIPATION AGREEMENT FOR THE STATE TRANSIT ASSISTANCE PROGRIV1 PART I: 1.0 General Provisions 2.0 Roles and Responsibilities of the Pu51ic Agency 3.0 Roles and Responsibilities of the Dep,a rtment 4.0 No Provisiuns 5.0 Performance Standards 6.0 Finances 7.0 Reporting Requirements -1 . -, -- pF�rIZATIA 6 ASSURANCES and CERTIFICATIONS: None Y Also made part of this AGREEMENT not here attached are the following standard � provisions: 4 PART II: 8.0 Contract Non -Performance 9.0 Settlement of Disputes 10.0 Termination or Suspension of Project 11.0 Renewal, Renegotiations, and Modifications 12.0 Hold Harmless 13.0 Assignability and Subcontracting 14.0 Interest and Prohibited Interest 15.0 Additional Agreement Provisions PART I: 1.0 GENERAL PROVISIONS 1.1 PARTIES TO AGREEMENT APPENDICIES: B. Cost Principles (FMC 74-4), 34 CFR 255 (7/25/74) , G. Title VI, Civil Rights J. Iowa DOT -IAC, Transportation Procurement, 820-E01,B] Chapter 2 M. Iowa DOT -IFC, Advance Allocations of State Transit Assistance Funding, 820-EO9,B] Chapter 2 N. Iowa DOT -IAC, Financial Assistance, 820-EO9,B] Chapter 1 IS AGREE ENT, made and entered into this eta "gday of , 19 fop by and between the IOWA DEPARTMENT OF RA:SPUkTP,TION, and agency of the State of Iowa, hereinafter called the "DEPARTMENT", and the Iowa ('ifv Tragit located ^at 410 F. Washin4ton Iowa Citi IA 52240 hereinafter ca led the 'PUBLIC AGENCY . In consideration of the mutual covenants, promises and representations herein., the parties agree as follows: 1.2 PERFO?MANCE PERIOD The DEPARTMENT agrees to participate in the PROJECT as out- lined ut- 1ined in this AGREEMENT from July 1,-1981)--,-__ through June 30. 1981 /3d -r 1.3 PURPOSE OF AGRELvicill' The purpose of this AGREEMENT is to provide financial assistance to the PU$LIC AGENCY as appropriated and �. authorized by H.F. 738 , Second Session of the Sixty-eighth 6 e n—er ­aF Assembly for operating assistance as described in the application herein made as a part of this AGREEMENT and allowed in 820-[09,B] Chapter 1, IAC on Financial Assistance made part of this AGREEMENT as Appendix N. 1.4 ITEMS COVERED BY THE AGREEMENT Items covered by this AGREEMENT include the parties to the AGREEMENT, the terms and conditions upon which reim- bursement will be provided and the understandings and promises made as to the manner in which the transit system will be undertaken and completed. 1.5 DEFINITIONS OF TERMS J The following terms when used in this AGREEMENT will have the following meanings: (a) OPERATING REVENUE - All revenue generated by trans- porting an individual passenger or by unit of service (i.e., farebox, charter, miles, trips, passengers, or hours of service); (b) NON-OPERATING REVENUE - Monies generated by the transit system by means not related to passengers transported or, Operating Support (i.e., interest income and advertising income); (c) OPERATING EXPENSES - All eligible transit system expenses related to operating, maintaining and administering transit operation, as defined by the DEPARTMENT. (d) OPERATING SUPPORT NEED - Operating expenses less operating and non-operating revenues. (e) OPERATING SUPPORT - All monies received by the transit system not specifically related to transporting individuals or contracting on the basis of units of service, but for the purpose of underwriting the operating support need. (f) PROGRAM SUPPORT - Total operating support less the operating support from sources other than the Iowa Department of Transportation. (g) PROJECT - Specific' element or task of this AGREEMENT described in Section 6.2 for which a maximum amount, and participation percentage has been established. /a34 N 2.0 3.0 (h) CEILING AMOUNT - Maximum amount assigned to specific tasks or elements of this AGREEMENT, or for this AGREEMENT as a whole. (i) PARTICIPATION PERCENTAGE - The percentage which denotes the part or portion of the PROJECT or task which will be funded by any given funding source. (j) CONTRACT REVENUE - Operating revenue contracted by unit of service (i.e., trips, passengers, hours or miles). (Y.) CONTRACT SUPPORT - Operating support contracted to the PUBLIC AGENCY. 1.6 AUTHORIZED REPRESENTATIVE The authorized representative John Balmer i.e., who has signatory powers. of the PUBLIC AGENCY is 1.7 PROJECT MANAGE The project manager for this AGREEMENT on the staff of the PUBLIC AGENCY is Hugh Mose who is directly responsible for the performance called for in this AGREEMENT. ROLES AND RESPONSIBILITIES OF THE PUBLIC AGENCY 2.1 The PUBLIC AGENCY shall perform such operations as stated in the grant application, for which financial assistance is being provided by the DEPARTMENT pursuant to this AGREEMENT. 2.2 The PUBLIC AGENCY shall disclose to the DEPARTMENT any additional funding sources that may be acquired or made available to the AGENCY during the AGREEMENT period. 2.3 The PUBLIC AGENCY shall commence to carry out the goals and objectives as described in Section 5.8: ROLES AND RESPONSIBILITIES OF THE DEPARTMENT 3.1 The DEPARTMENT will promptly reimburse the PUBLIC AGENCY for all justified and complete billings. However, the DEPARTMENT may deny part or all of any reimbursement request from the PUBLIC AGENCY that the DEPARTMENT feels is not warranted or justified or that; may exceed the rightful amount of reimbursement to the PUBLIC AGENCY. 3.2 The DEPARTMENT shall provide management and technical assistance to the PUBLIC AGENCY as noted and detailed in Chapter 601J of the Code of Iowa (1979). -3- /337 State Trdnsit Assistant, IeeInent OP: b/BU D NO PROVISIONS 5.0 PERFORMANCE STANDARDS 5.1 through 5.5 - No provisions 5.6 DATA AND FINANCIAL REPORTING ACCURACY 5.61 The PUBLIC AGENCY shall be responsible for seeing that a set of accounts is established to which all trans- portation -related costs, revenues, and operating sources are recorded so that they may be clearly identified, easily traced, and substantially documented. If the Uniform Data Management System developed by the DEPART- MENT, has been implemented in the PUBLIC AGENCY, the Uniform Data Management System shall be fully utilized and maintained as the system by which the above infor- mation is gathered, kept, organized and reported. 5.62 The PUBLIC AGENCY may charge all eligible and allowable costs to the PROJECT. (A) Eligible costs are those costs attributable to the specific work covered by this AGREEMENT and allowable under the provisions of Federal Manage- ment Circular 74-4, (34CFR 255) Appendix B "Stan- dards of Selected Items of Cost" made part of this AGREEMENT as Appendix B. (B) No cost incurred by the PUBLIC AGENCY or any of its contractors prior to the effective date of this AGREEMENT will be eligible for reimbursement as a PROJECT COST. (C) All costs charged to the PROJECT shall be supported by properly executed payrolls, time records, invoices, vouchers, warrants, contracts, and any other support evidencing that those costs were specifically incurred and paid. All documentation of PROJECT costs shall be clearly identified and readily accessible. 5.7 NON-DISCRIMINATION 5.71 Civil Rights The PUBLIC AGENCY will comply with all the requirements imposed by Title VI of the Civil Rights Act of 1964 and the non-discrimination clauses attached as the Appendix G and hereby made a part of this AGREEMENT. -4- /.Of St'dte Transit Assis ice Agreement OP: 6/80 5.72 Equal Employment Opportunit (A) In connection with the execution of this contract, the PUBLIC AGENCY shall not discriminate against any employee or applicant for employment because of race, age, handicap, religion, color, sex, or nat- ional .origin. The PUBLIC AGENCY shall take affirm- ative action to insure that applicants are employed, and that employees are treated during their employ- ment, without regard to their race, age, handicap, religion, color, sex, or national origin. Such actions shall include, but not be limited to the following: employment, promotion, demotion, or transfer, recruitment, or recruitment advertising, layoff, or termination, rates of pay or other forms of compensation, selection for training (including apprenticeship), procurement of materials, and leases of equipment. The PUBLIC AGENCY shall not participate either directly or indirectly in prohibited discrimination. (B) In all solicitations either by competitive bidding or negotiation made by the PUBLIC AGENCY for wort: to be performed under a subcontract, including procurement of materials or leases or equipment, each potential subcontractor or supplier shall notified by the PUBLIC AGENCY of the PUBLIC AGENCY's obligations under this contract relative;to Pon - discrimination on the grounds of race, age, handicap, color, sex, national origin, or religion. 5.73 Minority Business Enterprise In connection with the performance of this contract, the PUBLIC AGENCY will cooperate with the DEPARTMENT in meeting its commitments and goals with regdrd to the maximum utilization of minority business enterprises and will use its best efforts to insure that minority business enterprises s. hall have the maximum praciticable opportunity to compete for subcontract work under this contract. 5.8 CONTRACT OBJECTIVES Progress or attainment of the following enumerated contract objectives will, in part, determine the level of funding during the ensuing year. Acceptance of those items will be subject to verification of the financial and operating data supporting said items. -5- 'aAr Sta,t''e Transit Assistance reement OP: 6/80 5.81 Statistical Object (A) Annual Ridership (B) Annual Ridership Operating Expense (C) Annual Miles of Operatio Operating Expense (D) Revenue Operating Expense 5.82 System Objectives: (A) To_improve the WA 2,000,00.0. OQ_,_O Q 0 = 1.45 1,377,894 750,000 = .54 1,377,894 = 628,750 = .46 1,377,894 average of 5% during the same period. Productivity (B) index 6/3_or 6 uni.nt5 iTnuroved in 3 auarters. (C ) 1 __. Purchasexx3xcEtx a 2-wav radio system by L11 Le _index 1/9 or .l system purchased in 9 month (D) 2. Qe.9an and implement a market ng program which will increase off neak ridership by at least l 2 design and implement in 9 months. (E) and implement in 3 months. 6.0 FINANCES 6.1 METHOD OF PAYMENT The method of payment by the DEPARTMENT is the reimbursement of expenses up to limits described in this AGREEMENT, as follows: 6.11 For each project of this AGREEMENT the DEPARTMENT will, upon receipt of sufficient documentation and appropriate request, reimburse the PUBLIC AGENCY for the lesser of the following two amounts: A. Ceiling amount established in this AGREEMENT for the project, as denoted in Section 6.21; or B. The amount corresponding to the DEPARTMENT's project participation percentage multiplied by the actual project amount as denoted in Section 6.22. -6- /3A4 St:,te Transit Assi " nce Agreement UP b/i7U 6.12 Advance allocations of state transit assistance funding will be made to the PUBLIC AGENCY in accord- ance with procedures denoted in 820-[09,B] Chapter 2, IAC, madepart of this AGREEMENT as Appendix M. Section 2.2(1) of 820-[09,B] Chapter 2, IAC (admini- strative rules for advance allocations), states that 25% of the total AGREEMENT amount will be paid to the PUBLIC AGENCY prior to or during each successive three month period. The following chart delineates the amount to be allocated to the PUBLIC AGENCY on a quarterly basis. Total State Transit Assistance Allocation-$ 155,070 1st Quarter Advancement-$ 38,768 2nd Quarter Advancement-$ 38,767 3rd Quarter Advancement-$ 38,768 4th Quarter Advancement-$ 38,767 If the total advance of the four quarters exceeds the amount eligible for payment under this AGREEMENT, repayment to the DEPARTMENT must accompany the end - of -the -year financial and statistical report, as cited in Section 2.9(1) of the rules for advance allocations. Also refer to Section 7.2 of this AGREEMENT. �� /If X1 siatc Transit Assi! ace Agrc::m2nt 6.2 FINANCIAL LIMITS 6.21 The DEPARTMENT's participation in the PROJECT cost will be limited to the follo,.ging fundi rig criteria: a 0 6.22 The DEPARTMENT shall verify and reimburse the eligible cost of the PROJECTS based on the following and up to the participation percentages denoted; if applicable: SPECIFIC LIME-ITENj DEPARTMENT's EXPENSES OR COST PARTICIPATION PROJECTS ALLOCATION FACTORS PERCENTAGE USED FOR THE PROJECTS_ _ if applicable 1. s,�cial Service a. IA City contracts spe-c:i.al a . 100' services with Johnson County.SEATS. Total contract $32,500. Iota DO^. share $32,500. -7- /3f�� DEPARTMENT'S PROJECTS CEILING AMOUNT 1. Special Services $32,500 2. I3. ).~.renin Service .9a turday Service 97,100 I 25,470 4. I 5. -i 6. DEPARTMENT's TOTAL $155,070 CEILING A14OUNT 0 6.22 The DEPARTMENT shall verify and reimburse the eligible cost of the PROJECTS based on the following and up to the participation percentages denoted; if applicable: SPECIFIC LIME-ITENj DEPARTMENT's EXPENSES OR COST PARTICIPATION PROJECTS ALLOCATION FACTORS PERCENTAGE USED FOR THE PROJECTS_ _ if applicable 1. s,�cial Service a. IA City contracts spe-c:i.al a . 100' services with Johnson County.SEATS. Total contract $32,500. Iota DO^. share $32,500. -7- /3f�� SPECIFIC LINE-ITEM,UEPAf:11.1E11T's EXPENSES OR COST P.4'rI'CIPATION F PROJECTS ALLOCATION FACTORS PERCENTAGE USED FOR TIE PROJECTS !`f applicable 2. Fvening Service 3. Saturday service 4. 5. 6. a. During FY'81 Iowa City I a. will provide 7644 hours of evening services, at an hourly rate of $17.00 cost per hour. The Iowa DOT will fund .•5,711. 7647 hrs. o yAM the total for a maximum o dollar amount of $97,100. a. During FY181 Iowa City will provide 4.056 hours of Saturday service, at an hourly rate of $17.00 cost! per hour.' The Iowa DOT will fund 1,498. 235 NnM of the total for a max s�°P dollar amount of $25,470. a. b. c. d. a. b. c. d. a. b. c. d. -7a'- a. b. c. d. a. b. c. d. a. b. C. d. 75% 37% d i l Styte Tra:isit ASr,is ce Agreement 6.3 PAYMENT OF FUNDS OP: 6/80 6.31 In the case of any individual project amount, if the amount eligible to be paid equals zero dollar, there will be no funding by the DEPARTMENT for any such projects (refer to Sections 6.1 and 6.2). 6.32 Reimbursement requests by the PUBLIC AGENCY to the DEPARTMENT shall be made.by project as outlined in Section 6.2. Reimbursement requests shall reflect costs incurred toward each task. Overruns in costs of tasks shall not be reimbursed unless aD"change ofprior work" request has the approval of to the occurrence of the cost overrun. The DEPARTMENT's total ceiling amount shall not be increased by this provision. 6.33 Any revenue generated by interest payments on PROJECT funds shall be credited to the PROJECT as non-operating revenue. d 6.4 NO PROVISIONS 6.5 AUDIT AND INSPECTION OF BOOKS PROPERTY AND SERVICE 6.51 All accounting practices applied and all records maintained will be in accordance with generally - accepted accounting principles and procedures as well as those that may be prescribed by the DEPARTMENT. 6.52 The PUBLIC AGENCY shall permit and shall require its contractors to permit the DEPARTMENT's authorized representatives to inspect all work materials, records, and any other data with regards to the AGREEMENT and to audit the books, records, and accounts of the PUBLIC AGENCY and its contractors . with regards to the AGREEMENT. 6.53 All records applicable to the AGREEMENT must be retained and available to the DEPARTMENT for a period of three (3) years after the issuance of the audit certificate concerning this AGREEMENT. The PUBLIC AGEWCY.shall provide copies of said records and documents to the DEPARTMENT upon request. 6.54 The PUBLIC AGENCY shall provide all information and reports 'required by the DEPARTMENT, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be deter- mined by the DEPARTMENT to be pertinent to ascertain compliance. Where any information required of the PUBLIC AGENCY is in the exclusive possession of another who fails or refuses to furnish this infor- mation, the PUBLIC AGENCY shall so certify to the DEPARTMENT and shall set forth what efforts it has made to obtain the information. /3 f0Z i, r.. ns it A..siC.tanc greernent UP L)/tiu 6.55 The PUBLIC AGENCY shall permit the DEPARTMENT or its --,rthorized representatives to inspect all vehicles, facilities and equipment that are part of the transit ( system, all transportation services rendered by the l.. PUBLIC AGENCY by the use of such vehicles, facilities and equipment, and all transit data and records. 7.0 REPORTING REQUIREMENTS 7.1 The PUBLIC A4,:NCY agrees to supply a gUarterly financial operating statement along with a list of all funding sources and amounts utilizing the report forms supplied by the DEPARTMENT. This material must be submitted to the DEPART- MENT within 30 days after each of the first three quarters. This must cover each project in the AGREEMENT and the entire operating account. The following budget shall be in the format of one such report and is completed in this AGREEMENT for information only (i.e., does not represent financial commitments). Failure to do so during this contract period may result in the establishment of a penalty or forfeiture clause in the following year's contract, at the discretion of the DEPARTMENT. ' 7.2 YEAR E14D REPORT At the end of the PROJECT period, the PUBLIC AGENCY must sul,mlt within 45 days a final invoice, and financial operoting statement showing the total expense and revenue of t'-irs total transit system. Failure to do so will be grounds for forfeiture of the funding of the remaining v portion of the PROJECT by the DEPARTMENT. 7.3 REIMBURSEMENT INFORMATION 7.31 The PUBLIC AGENCY may submit quarterly' progressive billings to the DEPARTMENT covering those eligible posts by project that have been incurred by the PUBLIC AGENCY. 7.3% the PUBLIC AGENCY agrees to submit any necessary data and information as the DEPARTMENT may require to jus- tify'and support ,,id costs and payment for each project. 7.33 a financial operating• statement must accompany all requests for operating assistance and be itemized so as to allow the DEPARTMENT to verify that the costs conform to the budget and line -items as outlined in this AGREEMENT. 0 d v State Transit Assis__.lce Agreenent OPERATION FUNDING AND r-iNANC;iALSTATEMENT • Annual Budgal ' 1. OPERATIONAL FUNDING (A+B+C) 1,377,894 _ A. Operating Support (1+2) 737,144 1. Contract Support JUL155, 070 0. Iowa DOT 155,070 C. d. 1. h. 1. 2. Non -Contract + Support (a•I) 582 074 a-Towa City (Gen fund) 173,007 b•Fed Revenue Sharin 277,824 c- dTlccount 81,243 d. Port T,i jjjtV 50,000 e. _ t. 9. h. 1. 1. B. Ooerating Revenue (1 +2) 628,750 1. Contract Revenue (a -n) 9,750 a. Contract University Heights 9,750 b. C. d. e. 1. h. I. k. I. M. n. Charter Revenue 2. FareboxRevenua 619,000 C. Non Operaling Revenue 1-5L . 12, 000 1. Interest Income 2. AdvertWn 10,000 3. Mise. 2,000 4 5. I. OPERATING EXPENSES FE.nen�x Saiement FOR INFORMATION ONLY (NOT FUNDING COMMITMENT) in OP: 6/30 /3 A4 State Transit Assistant lgreement OP: 6/80 7.4 REPORT SUBMISSIONS All reports and submissions from the PUBLIC AGENCY concerning this AGREEMENT shall be sent to the Public Transit Division, Iowa Department of Transportation, 5268 N.W. 2nd Avenue, Des Moines, IA 50313. IN WITNESS WHEREOF, the parties hereunto have cause this AGREEMENT to be executed�by their proper officials thereunto duly authorized as of the dates below indicated. IN 14ITNESS THEREOF, we have hereunto set our hands this .26 ax day of'Aw,erny;oo�_, 1980. IOWA CITY TRANSIT PUBLIC TRANSIT DIVISION 410 E. WASHINGTON IOWA DEPARTMENT OF TRANSPORTATION IOv7A CITY, IA 52240 5268 N.W. SECOND AVENUE DES MOINES, IA 50313 Phone: (515) 281-4265 By �-Johr. Balmer,.'v/a�iY o kr:r�G�iil -11- J nne Short, Director, 13 Y7 Council Member. Roberts introduced the following Resolution entitled RESOLUTION DIRECTING THE DELIVERY OF CONSTRUCTION WARRANTS IN PAYMENT OF CONTRACT", and moved its adoption. Council Member Neuhauser seconded the motion to adopt. The roll was called and the vote was, AYES: Neuhauseri Perre t_ Roberts. Vevera, _Balmer, Erdahl_, Lynch NAYS: None Whereupon, the Mayor declared the following Resolution duly adopted: 80-498 RESOLUTION DIRECTING THE DELIVERY OF CONSTRUCTION WARRANTS IN PAYMENT OF CONTRACT WHEREAS, the Council of the City of Iowa City, Iowa, heretofore entered into contract for the construction of the 1979 BDI Second Addition Improvements, and in said contract provided that payment to the contractor or contractors, and others, would be made at the option of the City by the delivery of Construction Warrants issued pursuant to Section 384.57 the City Code of Iowa, bearing interest at seven percent (72) per annum; and WHEREAS, the following balances are owing in connection with the construction of said public improvements above referred to, and have been duly approved by the Project engineer with provisions for retaining not less than ten percent (108) thereof, as required by Chapter 573, Code of Iowa, 1979, as amended, to -wit: T0: -2- AHLERS. COONEY, DORWEILER. HAYNIE65MITH, LAWYERS. DEB MOINES, IOWA /3s�8 and WHEREAS, the above firm or firms are now entitled to payment for said sums owing: NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: That the Mayor and Clerk are authorized and directed to execute and deliver to said above contractor or contractors, and others, Construction Warrants drawn on the 1979 BDI Second Addition Improvements Construction Fund, as follows: CONSTRUCTION WARRANT NO. TO DATE AMOUNT 14 John Nolan, as attorney 11/12/80 $ 2,677.08 for Continental Insurance Company, as surety of Cedar Hills Contractors a/l/a Cedar Hill Construc- tion —3— AHLERS. GOONEY. DORWEILER. HAYNIE 0 SMITH. LAWYERS. DEB MOINES. IOWA PASSED AND APPROVED, 19 80 . ATTEST: Clerk (SEAL) this 18th day of November Mayor rr -4- AHLERS, COONEY. DORWEILER. HAYNIE & SMITH. LAWYERS. DES MOINES, IOWA 1„350 11 No. 14 2,677.08 UNITED STATES OF AMERICA STATE OF IOWA CITY OF IOWA CITY 1979 SDI SECOND ADDITION IMPROVEMENTS CONSTRUCTION WARRANT This instrument is evidence that the City of Iowa City, Iowa, hereby promises to pay to John Nolan & Continental Insurance Company , its successors or assigns, the sum of $ 2,677.08 , with interest thereon at the rate of seven percent (78) per annum, until called for payment. Interest shall commence if this warrant is not paid upon presentation hereof. This Warrant is drawn on and payable solely from the 1979 BDI Second Addition Improvements Construction Fund, or any fund from which payment for such work may be made. This instrument.is one of a series of similar instruments given in payment for street and sewer improvements designated as the 1979 BDI Second Addition Improvements, of said City, being constructed under contract dated 6_21 , 1979, and issued under authority of Section 384.57 of the City Code of Iowa. The City of Iowa City reserves the right to prepay the amount represented hereby at any time with accrued interest to the date of such payment. Both principal and interest of this Warrant are payable at the office of the City Treasurer or Financial Officer of the City of Iowa City, State of Iowa. IN WITNESS WHEREOF, the City of Iowa City has caused this instrument to be executed by its Mayor, and attested by its Clerk, with the seal of said City affixed as of the 12th day of November 19 80 (SEAL) ATTEST: - Clerk 4ayTY OF IOWA ITY IJOWA or This instrument resente and not paid for want of funds this �2Vvday of 19 City Trea urer AHLERS. COONEY. DORWEILER. HAYNIE 6 SMITH. LAWYER\. DES MOINES. IOWA ASSIGNMENT The attached Construction Warrant in the amount of $ , is hereby assigned to , in consideration of receipt by the under iser gne�rom said assignee of the sum of $ Dated this day of , 19 (Insert name of company or engineer or other person entitled to the temporary obligation and be certain that the assignment is properly executed by the officials of the respective company, engineer, or other person so entitled thereto.) AHLERS. COONEY. DORWEILEA. HAYNIE & SMITH. LAWYERS. DEB MOINEG. IOWA �35z RESOLUTION N0. 80-499 RESOLUTION AUTHORIZING EXECITTION OF CONTRACT WHEREAS, the City of Iowa City, Iowa, has negotiated a contract with Shoemaker & Haaland PrnfPssinnal Fngrs , a copy of said contract being attached to this Resolution and by this reference made a part hereof, and WHEREAS, the City Council deems it in the public interest to enter into said contract for professional engineering design sarvicas for NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL: 1. That the Mayor and City Clerk are hereby authorized and directed to execute the Agreement with Shoemaker & Haaland Professional EnginPPrs 2. That the City Clerk shall furnish copies of said Agreement to any citizen requesting same. It was moved by Erdahl the Resolution be adopted, and seconded by Neuhauser and upon roll call there were: AYES: NAYS: ABSENT: x Balmer X Erdahl Abstain Lynch X Neuhauser X Perret X Roberts X Vevera Passed and approved this 18th day of '/T ATTEST: City Clerk November , 19 RFCF170 & 0PTC ZD By 'SSE I, G LEi 1iT` C1ii /353 AGREEMENT This Agreement, made and entered into this 19th day of November 1980, by and between the City of Iowa City, a municipal corporation hereinafter referred to as the City, and Shoemaker & Haaland, Professional Engineers, Inc., hereinafter referred to as Consultant. Now, therefore, it is hereby agreed by and between the parties hereto that the City does contract with the said Consultant to provide services as set forth herein according to the terms of this Agreement. Such contract for services shall be subject to the following terms and conditions and stipulations, to -wit: The Consultant shall not commit any of the following employment practices and agrees to prohibit the following practices in any subcontracts. a. To discharge from employment or refuse to hire any individual because of their race, color, religion, sex, national origin, disability, age, marital status or sexual preference. b. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, color, religion, sex, national origin, disability, age, marital status or sexual preference. SCOPE OF SERVICES The City desires to alter the Ralston Creek channel in order to provide sufficient capacity to contain 100 year floods throughout the channel reach from Harrison Street to Kirkwood Avenue. This work shall be carried out in accordance with the Ralston Creek Watershed Storm Water Management Plan, prepared by Shoemaker and Haaland, Professional Engineers. The scope of services of this Agreement shall include: Phase A - Design Phase Phase B - Bidding and Construction Phase Phase C - Special Services Design Phase - Phase A After conveyance of signed contract documents to Consultant, and upon written notice to proceed, the Consultant shall carry out the following: 1. Preparation of base maps from aerial photographs to be supplied by the City. 2. Preparation of preliminary plans, including schematic layouts based on detailed engineering analysis and cost estimates for the desired project improvements (see Exhibit A). Hydrological analysis shall be provided by others, designated by the City. ljss e_ 2 3. Preparation of detailed contract drawings (see Exhibit A) suitable for inclusion in project bid documents. 4. Preparation of specifications. The Consultant will prepare technical specifications suitable for inclusion with the City's standard specification forms. 5. After collecting necessary information, apply for and obtain any required permits from state and federal agencies. 6. Preparation of final construction cost estimate upon completion of final design. The construction cost estimate will include a bidding contingent of ten percent. If the lowest bona fide proposal or bid exceeds the established construction cost limit, the City may choose to revise the project scope or quality. In this case, Consultant shall, without additional charge beyond the maximum cost approved for the Design Phase, modify the contract documents as necessary to bring construction costs within the cost limit. 7. Under the City's direction, prepare final contract documents in such a manner as to facilitate contract participation by small businesses and minority - or female -owned businesses. Design Phase shall be considered completed upon acceptance and/or approval by the City of Iowa City of the Consultant's work products, as set forth above, and upon written notification to Consultant by the City. Bidding and Construction Phase - Phase B Upon written notice to proceed, the Consultant shall carry out the following: 1. Assist the City in securing bids, including preparation of necessary bid documents, receiving and tabulating bids, and awarding contracts. Printing for such bid documents will be provided by the City. 2. Compile a list of qualified contractors, including minority contractors (MBEs), for mailing of bid packet. 3. Consult and advise the City during construction relative to this project. 4. Prepare elementary sketches and supplementary sketches required to resolve actual field conditions encountered. 5. Check detailed construction drawings and shop erection drawings submitted by contractors for compliance with design concept. This /.35-!r 3 review does not relieve the construction contractor or supplier from responsibility for errors, correctness of detail or conformance with the contract(s). 6. The City's Engineering Division will be responsible for resident project inspection. However, the Consultant will make three (3) visits to the project site upon 25%, 75% and 100% completion of the project, as an experienced and qualified design professional, to observe the progress and quality of the executed work to determine in general if the work is proceeding in accordance with contract. documents. The City Engineer shall be advised of any deficiencies noted or anticipated during these periodic visits. 7. Make a final inspection report to the City upon completion of the project. Consultant's participation in Construction Phase shall be considered complete upon written notification to Consultant by the City. Special Services - Phase C Upon written request by the City, and approval of cost estimates, the Consultant agrees to furnish or obtain from others, special services. Such services may include, but are not limited to: 1. Land surveys, title and easement searches, and description of boundaries and monuments and related office computations and draftings. 2. Technical observation by a resident project representative and supporting staff as required, who will observe the work for compliance with contract documents and provide construction record drawings of the completed projects. Specific duties shall include but not be limited to: (a) setting up lines and grades as construction proceeds; and (b) revision of contract drawings to show location and nature of improvements as observed to be constructed. 3. Assist the City as expert witness in litigation arising from the development or construction of the project and hearings before various approving and regulatory agencies. II. TIME OF COMPLETION The Consultant will complete the phases of this project within the schedule listed below, subject to the timely review and approval of the Consultant's work by the City: 1.?56 ki Design Phase - February 28, 1981 Bidding Phase - April 15, 1981 Construction Phase - Nov. 15, 1981 Time of completion of work is of the essence in this Contract. Should the Consultant neglect, refuse or fail to complete the entire project or portions thereof under his/her control within the time herein agreed upon, the City shall have the right to deduct from and retain out of such moneys, which may be then due or which may become due and payable to the Consultant, the sum of $100 per calendar day for each and every calendar day that such project is delayed in its completion beyond the time specified, as liquidated damages and not as penalty. III. GENERAL TERMS 1. Should the Consultant or the City terminate this contract, said Consultant shall be paid on the basis of the schedule of hourly fees and charges for professional services as herein attached after all work and services performed up to the time of termination. However, such sums shall not exceed the "not to exceed" amount listed in Section IV. Either party may terminate this Agreement upon seven (7) days written notice, to the other party. If the City and Consultant are unable to agree on the percentage of completion, the matter shall be resolved by the procedure of the American Arbitration Association. 2. This Agreement shall be binding upon the successors and the assigns of the parties hereto, provided, however, that no assignment shall be made without the written consent of all parties to said Agreement. 3. Consultant agrees to indemnify and hold harmless the City of Iowa City against any and all claims filed or asserted which are the direct or indirect results of Consultant's negligence or wrongful acts. 4. It is understood and agreed that the retention of the Consultant by the City for the purpose of said project shall be exclusive but the Consultant shall have the right to employ such assistance as may be required for the performance of the project. Consultant shall be allowed compensation for such services and reimbursable expenses on a basis of a 1.10 multiplier times the amount billed. 5. It is agreed by the City that all records and files pertaining to information needed for said project will be made available by said City upon reasonable request of the Consultant. The City agrees to furnish all reasonable assistance in the use of these records and files. 1357 5 6. Is is further agreed that no party to this Agreement will perform contrary to any state, federal, or county law or any of the ordinances of the City of Iowa City, Iowa. 7. The Consultant shall attend such meetings of the City Council and/or the Committee on Community Needs relative to the work set forth in this contract and as may be requested by the City. Any requirements made by the City shall be given with reasonable notice to the Consultant so that he/she may attend. 8. The Consultant agrees to furnish, upon termination of this Agreement and upon demand by the City, copies of all basic notes and sketches, charts, computations, and any other data prepared or obtained by the Consultant pursuant to this Agreement without cost, without restriction or limitation as to the use relative to specific projects covered under this Agreement. The Consultant shall not be liable for use of such documents on other projects. 9. The Consultant agrees to furnish all reports and/or drawings with the seal of a professional engineer or architect affixed thereto or such seal as required by law. 10. The City agrees to tender to the Consultant all fees and money in accordance with the schedule that follows except that failure by the Consultant to satisfactorily perform in accordance with this Agreement shall constitute grounds for the City to withhold payment of the amount sufficient to properly complete the project in accordance with this Agreement. 11. Should any section of this contract be found invalid, it is agreed that all other sections shall remain in full force and effect as though severable from the part invalid. 12. Original contract drawings shall become the property of the City. The Consultant shall be allowed to keep mylar reproducible copies for their filing use. 13. Direct personnel expenses for the purpose of this contract shall be defined as hourly wage plus retirement and fringe benefits. Consultant shall, upon demand, furnish receipts therefore or certified copies thereof. 14. Records of the Consultant's direct personnel expense, Consultant expense and reimbursable expenses pertinent to the project, and records of account between the City and the Consultant shall be kept on a generally recognized basis and shall be available to the City or its authorized representative at mutually convenient times. 15. It is agreed that the Department of Housing and Urban Development, the Comptroller General of the United States, or any other duly /.35s 0 authorized representative shall have access to any books, documents, papers, and records of the Consultant which are directly pertinent to this specific contract for the purpose of making audit examination, excerpts, and transcriptions. 16. Interest of certain Federal and other officals: a. No member or delegate to the Congress of the United States, and no Resident Commissioner, shall be admitted to any share or part of this contract, or to any benefit to arise herefrom b. No member of the governing body of the City, no officer, employee, official, or agent of the City, or other local public official who exercises any function or responsibility in connection with review, approval, or carrying out of the project to which this contract pertains, shall have any private interest, direct or indirect, in this contract. IV. COMPENSATION FOR SERVICES Phase A - Design Phase The Consultant shall be paid a fee on the basis of the schedule of hourly fees and charg,s for professional services (attached), for services performed and billed to the City on a monthly basis. The total fee for Phase A shall not exceed $64,800. Phase 8 - Construction Phase The Consultant shall be paid a fee for services as requested by the City on the basis of the schedule of hourly fees and charges for professional services (attached), for services performed and billed to the City on a monthly basis. The total fee for Phase B shall not exceed $9,128. Phase C - Special Services The City agrees to pay for performance of special services described in this Agreement. Compensation shall be paid on the basis of the schedule of hourly fees and charges for professional services (attached). The total fee for each requested duty shall be established before the beginning of that task. The undersigned do hereby state that this contract is executed in triplicate as though each were an original and that there are no oral agreements that have not been reduced to writing in this instrument. /.359 7 It is further stated that there are no other considerations or monies contingent upon or resulting from the execution of this contract nor have any of the above been applied by any party to this Agreement. FOR THE CITY: FOR THE CONSUL'Tik i ATTEST: AT�EST: zt� RECEIVED & APPRWED B THE; iEC? DEPARI'101T 1340 b EXHIBIT A SCOPE OF SERVICES General Statement: To provide engineering design for a flood control project along the lower reaches of Ralston Creek from Harrison Street to Kirkwood Avenue. Consultant will be responsible for the engineering design for the following improvements; subject, however, to change upon written mutual agreement between the City and Consultant: 1. Excavation and expansion of the Ralston Creek west bank to a 30-35 foot bottom width, and approximate 80 foot top width from Harrison Street to Kirkwood Avenue. Construction of a land form with the excavated channel material along the west bank. 2. Place rip -rap and sod on the Ralston Creek banks between Kirkwood Avenue and Harrison Street. 3. Installation of sheet piling at the National Copy Center site. 4. Relocation of water and sewer utilities. 5. General landscaping throughout the project area. 6. Construction of a new culvert on the west side of the existing Benton Street culvert. 7. Reconstruction of curb, sidewalk, handrails and streets to allow smooth overtopping of flood waters at Prentiss Street. 8. Installation of a storm water pumping station at Benton Street. 9. Installation of storm water pumping station at the National Copy Center site. 10. Pavement removal, grading and resurfacing of one block of Benton Street between Gilbert Street and Dubuque Street. EXHIBIT B SHOEMAKER & HAALAND PROFESSIONAL ENGINEERS .January 1, 1980 Direct Personnel Lxpenso Title $/Hr. Principal (P.E.) $ 24.49 Senior Design Engineer (P.E.) Grade I (P.E.) 17.45 Grade 11 (I'. E. ) 14.70 Grade III (P.E.) 13.78 Junior Design Engineer (EIT) Grade I 11.33 Grade II 10.41 Technician Grade I 10.41 Grade II 9.80 Drafting Personnel Chief Draftsman 9.80 Grade I 9.55 Grade II 7.01 Grade III 6.05 Surveying Personnel Chief Surveyor 11.33 Instrument Man 10.41 Assistant Surveyor Grade I 9.18 Grade II 7.96 Two -Man Survey Party 21.74 Three -Man Survey Party 30.92 Clerical 6.37 Construction Inspector Grade I 1Q.41 Grade II Signed ,%Gle D. S oemaker, P.E President /36,2' EXHIBIT C B & B ENGINEERING SERVICES January 1, 1980 Schedule of Direct Personnel Expense Title $/Hr. Administrative 20.15 Senior Design Engineer 18.75 Senior Engineer Technician/Surveyor 9.25 Junior Engineering Technician/Drafting 5.50 Clerical 5.20 The amount of customary and statutory benefits of all other personnel will be considered equal to 22% of salaries and wages. 130 RESOLUTION NO. 80-500 RESOLUTION AUTHORIZING EXECUTION OF CONTRACT WHEREAS, the City of Iowa City, Iowa, has negotiated a contract with Shive-Hattery & Associates , a copy of said contract being attached to this Resolution and by this reference made a part hereof, and WHEREAS, the City Council deems it in the public interest to enter into said contract for Professional Pnoinpering design services fnr the Lower Ralston Creek Improvement Prnjert NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL: 1. That the Mayor and City Clerk are hereby authorized and directed to execute the Agreement with Shive-Hattery & Associates 2. That the City Clerk shall furnish copies of said Agreement to any citizen requesting same. It was moved by Neuhauser and seconded by Lynch the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X X X x X X X Passed and approved this _ ATTEST: 18th day of November 19 . .,....-. --- - — BY TP LEGAL DEPARTMENZ i . . AGREEMENT This Agreement, made and entered into this 19th day of November 1980, by and between the City of Iowa City, a municipal corporation hereinafter referred to as the City, and Shive-Hattery & Associates, hereinafter referred to as Consultant. Now, therefore, it is hereby agreed by and between the parties hereto that the City does contract with the said Consultant to provide services as set forth herein according to the terms of this Agreement. Such contract for services shall be subject to the following terms and conditions and stipulations, to -wit: The Consultant shall not commit any of the following employment practices and agrees to prohibit the following practices in any subcontracts. a. To discharge from employment or refuse to hire any individual because of their race, color, religion, sex, national origin, disability, age, marital status or sexual preference. b. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, color, religion, sex, national origin, disability, age, marital status or sexual preference. SCOPE OF SERVICES The City desires to alter the Ralston Creek channel in order to provide sufficient capacity to contain 100 year floods throughout the channel reach from Harrison Street to Kirkwood Avenue. This work shall be carried out in accordance with the Ralston Creek Watershed Storm Water Management Plan, prepared by Shoemaker and Haaland, Professional Engineers. The scope of services of this Agreement shall include: Phase A - Design Phase Phase B - Bidding and Construction Phase Phase C - Special Services Design Phase - Phase A After conveyance of signed contract documents to Consultant, and upon written notice to proceed, the Consultant shall carry out the following: Preparation of hydrological analysis for entire Lower Ralston Creek channel. 2. Preparation of preliminary plans, including schematic layouts based on detailed engineering analysis and cost estimates for the desired project improvements (see Exhibit A). 13 S- 2 3. Preparation of detailed contract drawings (see Exhibit A) suitable for inclusion in project bid documents. 4. Preparation of specifications. The Consultant will prepare technical specifications suitable for inclusion with the City's standard specification forms. 5. After collecting necessary information, apply for and obtain any required permits from state and federal agencies. 6. Preparation of final construction cost estimate upon completion of final design. The construction cost estimate will include a bidding contingent of ten percent. c If the lowest bona fide proposal or bid exceeds the established construction cost limit, the City may choose to revise the project scope or quality. In this case, Consultant shall, without additional charge beyond the maximum cost approved for the Design Phase, modify the contract documents as necessary to bring construction costs within the cost limit. 7. Under the City's direction, prepare final contract documents in such a manner as to facilitate contract participation by small businesses and minority - or female -owned businesses. Design Phase shall be considered completed upon acceptance and/or approval by the City of Iowa City of the Consultant's work products, as set forth above, and upon written notification to Consultant by the City. Bidding and Construction Phase - Phase B Upon written notice to proceed, the Consultant shall carry out the following: Assist the City in securing bids, including preparation of necessary bid documents, receiving and tabulating bids, and awarding contracts. Printing for such bid documents will be provided by the City. 2. Compile a list of qualified contractors, including minority contractors (MBEs), for mailing of bid packet. 3. Consult and advise the City during construction relative to this project. 4. Prepare elementary sketches and supplementary sketches required to resolve actual field conditions encountered. 5. Check detailed construction drawings and shop erection drawings submitted by contractors for compliance with design concept. This 3 review does not relieve the construction contractor or supplier from responsibility for errors, correctness of detail or conformance with the contract(s). 6. The City's Engineering Division will be responsible for resident project inspection. However, the Consultant will make three (3) visits to the project site upon 25%, 75% and 100% completion of the project, as an experienced and qualified design professional, to observe the progress and quality of the executed work to determine in general if the work is proceeding in accordance with contract documents. The City Engineer shall be advised of any deficiencies noted or anticipated during these periodic visits. 7. Make a final inspection report to the City upon completion of the project. Consultant's participation in Construction Phase shall be considered complete upon written notification to Consultant by the City. ial Services - Phase C Upon written request by the City, and approval of cost estimates, the Consultant agrees to furnish or obtain from others, special services. Such services may include, but are not limited to: 1. Soil investigations including test borings, related analysis, and recommendations. 2. Land surveys, title and easement searches, and description of boundaries and monuments and related office computations and draftings. 3. Technical observation by a resident project representative and supporting staff as required, who will observe the work for compliance with contract documents and provide construction record drawings of the completed projects. Specific duties shall include but not be limited to: (a) setting up lines and grades as construction proceeds; and (b) revision of contract drawings to show location and nature of improvements as observed to be constructed. 4. Assist the City as expert witness in litigation arising from the development or construction of the project and hearings before various approving and regulatory agencies. II. TIME OF COMPLETION The Consultant will complete the phases of this project within the schedule listed below, subject to the timely review and approval of the Consultant's work by the City: 134,7 3 Design Phase - February 28, 1981 Bidding Phase - To be determined. Construction Phase - To be determined. Time of completion of work is of the essence in this Contract. Should the Consultant neglect, refuse or fail to complete the entire project or portions thereof under his/her control within the time herein agreed upon, the City shall have the right to deduct from and retain out of such moneys, which may be then due or which may become due and payable to the Consultant, the sum of $100 per calendar day for each and every calendar day that such project is delayed in its completion beyond the time specified, as liquidated damages and not as penalty. III. GENERAL TERMS 1. Should the Consultant or the City terminate this contract, said Consultant shall be paid on the basis of the schedule of hourly fees and charges for professional services as herein attached after all work and services performed up to the time of termination. However, such sums shall not exceed the "not to exceed" amount listed in Section IV. Either party may terminate this Agreement upon seven (7) days written notice, to the other party. If the City and Consultant are unable to agree on the percentage of completion, the matter shall be resolved by the procedure of the American Arbitration Association. 2. This Agreement shall be binding upon the successors and the assigns of the parties hereto, provided, however, that no assignment shall be made without the written consent of all parties to said Agreement. 3. Consultant agrees to indemnify and hold harmless the City of Iowa City against any and all claims filed or asserted which are the direct or indirect results of Consultant's negligence or wrongful acts. 4. It is understood and agreed that the retention of the Consultant by the City for the purpose of said project shall be exclusive but the Consultant shall have the right to employ such assistance as may be required for the performance of the project. Consultant shall be allowed compensation for such services and reimbursable expenses on a basis of a 1.10 multiplier times the amount billed. 5. It is agreed by the City that all records and files pertaining to information needed for said project will be made available by said City upon reasonable request of the Consultant. The City agrees to furnish all reasonable assistance in the use of these records and files. /3Gf 5 6. Is is further agreed that no party to this Agreement will perform contrary to any state, federal, or county law or any of the ordinances of the City of Iowa City, Iowa. 7. The Consultant shall attend such meetings of the City Council and/or the Committee on Community Needs relative to the work set forth in this contract and as may be requested by the City. Any requirements made by the City shall be given with reasonable notice to the Consultant so that he/she may attend. S. The Consultant agrees to furnish, upon termination of this Agreement and upon demand by the City, copies of all basic notes and sketches, charts, computations, and any other data prepared or obtained by the Consultant pursuant to this Agreement without cost, without restriction or limitation as to the use relative to specific projects covered under this Agreement. The Consultant shall not be liable for use of such documents on other projects. 9. The Consultant agrees to furnish all reports and/or drawings with the seal of a professional engineer or architect affixed thereto or such seal as required by law. 10. The City agrees to tender to the Consultant all fees and money in accordance with the schedule that follows except that failure by the Consultant to satisfactorily perform in accordance with this Agreement shall constitute grounds for the City to withhold payment of the amount sufficient to properly complete the project in accordance with this Agreement. 11. Should any section of this contract be found invalid, it is agreed that all other sections shall remain in full force and effect as though severable from the part invalid. 12. Original contract drawings shall become the property of the City. The Consultant shall be allowed to keep mylar reproducible copies for their filing use. 13. Direct personnel expenses for the purpose of this contract shall be defined as hourly wage plus retirement and fringe benefits. Consultant shall, upon demand, furnish receipts therefore or certified copies thereof. 14. Records of the Consultant's direct personnel expense, Consultant expense and reimbursable expenses pertinent to the project, and records of account between the City and the Consultant shall be kept on a generally recognized basis and shall be available to the City or its authorized representative at mutually convenient times. 15. It is agreed that the Department of Housing and Urban Development, the Comptroller General of the United States, or any other duly authorized representative shall have access to any books, documents, papers, and records of the Consultant which are directly pertinent to this specific contract for the purpose of making audit examination, excerpts, and transcriptions. 16. Interest of certain Federal and other officals: No member or delegate to the Congress of the United States, and no Resident Commissioner, shall be admitted to any share or part of this contract, or to any benefit to arise herefrom. No member of the governing body of the City, no officer, employee, official, or agent of the City, or other local public official who exercises any function or responsibility in connection with review, approval, or carrying out of the project to which this contract pertains, shall have any private interest, direct or indirect, in this contract. IV. COMPENSATION FOR SERVICES Phase A - Desian Phase The Consultant shall be paid a fee on the basis of the schedule of hourly fees and charges for professional services (attached), for services performed and billed to the City on a monthly basis. The total fee for Phase A shall not exceed $18,100. Phase B - Construction Phase The Consultant shall be paid a fee for services as requested by the City on the basis of the schedule of hourly fees and charges for professional services (attached), for services performed and billed to the City on a monthly basis. The total fee for Phase B shall not exceed $4,300. Phase C - Special Services The City agrees to pay for performance of special services described in this Agreement. Compensation shall be paid on the basis of the schedule of hourly fees and charges for professional services (attached). The total fee for each requested duty shall be established before the beginning of that task. Soil testing services shall be reimbursed in accordance with the attached schedule, but not to exceed $10,000. The undersigned do hereby state that this contract is executed in triplicate as though each were an original and that there are no oral agreements that have not been reduced to writing in this instrument. /J 7a 7 It is further stated that there are no other considerations or monies contingent upon or resulting from the execution of this contract nor have any of the above been applied by any party to this Agreement. FOR THE CITY: ATTEST: $ECEIVED & APPROVED ffi VM LEGAL D PkRTTMVM CJ l FOR THE CONSULTANT: 1L+ r ATTEST: SCOPE OF SERVICES General Statement: EXHIBIT A To provide engineering design for a flood control project along the lower reaches of Ralston Creek from Harrison Street to Kirkwood Avenue. Consultant will be responsible for the engineering design for the following improvements; subject, however, to change upon written mutual agreement between the City and Consultant: 1. Construction of a new railroad trestle bridge at Lafayette Street, including removal of old bridge abutments at Lafayette Street. 13 72� S! \H F SCr OVE—HATTERY & ASSOCIATES CSC NSUiLTIA10 H1N'GiAIEE�-i SCHEDULE OF GENERAL, FIELD AND LABORATORY FEES THROUGH DECflI MBF.R 31. 1930 rPNPRAT Mobilization charges - based on round trip mileage from nearest office Private automobile or auxiliary vehichlc $ .2S/mile Drill rig (minimum charge of $125.00) 1.SO/mile Per diem rate (charge if site is more than 40 miles from nearest office), per individual 30.00/day All terrain vehicle utilization 150.00/day Boring location survey 50.00/hour Stand-by time, in excess of normal set-up time, as a result of clients request or action Truck 65.00/hour All terrain vehicle 30.00/hour Specialized drilling equipment, equipment for moving drilling equipment at site, permits, etc. Cost + ISS SOILS - FIELD Auger drilling - 1101101V stem augers Structure boring - utilizing standard penetration test (2-1/2' intervals to IS', S' intervals to SO', and 10' intervals thereafter) 0' - 25' 6.00/1'oot 2S' - SO6.50/foot SO'+ 7.SO/foot CEDAR RAPIPS DAVENPORT DES MOINES DUCUC,;E FT Oc.A G'v V %, ('% 1973 Schedule of General, Field and Laboratory Foes Through December 31, 1980 Page Two Auger drilling - solid augers Profile boring - samples at S' intervals to SO', 10' intervals thereafter 0' - 2S' S S.50/foot 2S' - 50' 6.00/foot SO'+ 6.80/foot Profile boring - without samples, defining top of rock and water table Rash boring, surcharge Hourly drilling rates 0' - 2S' 5.00/foot 25' - 50' 5.50/foot 50'+ 6.30/foot 0' - 25' .85/foot 2S' - 50' 1.10/foot SO'+ 1.40/foot Truck and one technician Truck and two technicians All terrain vehicle, utilization (lard auger drilling - through weathered rock or material consisting primarily of broken rock, concrete, rubble fill, etc. (Standard penetration resistance > 50 blows per foot) Rock drilling Bitting Coring, NWV size Set up/boring Requiring use of auxiliary wator source, additional SHIVE-HATTERY & ASSOCIATES SS.00/hour 65.00/hour 150.00/day 12.00/foot 16.00/foot 23.00/foot 50.00/each 40.00/each Schedule of General, Through December 31, Page Three Sampling and testing Field and Laboratory Fees 1980 Additional standard penetration tests R 13.50/each Shelby tube ("undisturbed"), 2" or 3" 14.00/each diameter Large volume bag sample 15.00/each Rimac unconfined compression value 5.00/each Band penetrometer value 2.00/each Vane shear value, torvane S.00/each Seismic refraction testing Equipment cost 100.00/day Slotted well point installation, in drilled bore hole Set up/well point 70.00/each Material cost - 2" 2.50/foot Material cost - 3" 4.50/foot SOILS - LABORATORY Shelby tube extrusion, sample Preparation, and logging 8.00/each Natural moisture content 2.50/each Dry unit weight, Shelby tube specimen 3.00/each Atterberg limits LL, PL, PI 30.00/set SL 17.00/each Mechanical analysis Hydrometer 27.50/each Sieve 22.50/each Sieve, washed over #200 27,50/each Combined hydrometer/sieve 47.00/each Specific gravity 25.00/each Unconfined compression testing Soil W/o stress - strain curve 12.00/each w/stress - strain curve 17.00/each Rock, including cutting and cappin 30.00/caclt SHIVE-HATTERY& ASSOCIATES 137s Schedule of General, Field and Laboratory Fees Through December 31, 1980 Page Four Compaction testing (Proctor) Standard S 65.00/each Modified 75.00/each Relative density, maximum/minimum 75.00/each California bearing ratio (single point) 100.00/each Consolidation testing, including c - log p curve Loading cycle - 1/4, 1/2, 1, 2, 4, 8, 16 tsf, 150.00/each typical Unloading cycle - 8, 4, 1 tsf typical 50.00/each Additional load or unload increments 15.00/each Time ratio curve, per load increment 12.00/each Triaxial testing Unconsolidated - undrained (Q) -3 specimens/test 175.00/test Consolidated - undrained (R) - 3 specimens/test 225.00/test Consolidated - drained (S) - 3 specimens/test 275.00/test Additional for pore pressure measurements 175.00/test Permeability testing Sample preparation 25.00/each Palling head or constant head 80.00/each Rock quality designation (RQD) determination S.50/each Remolded sample for test purposes 33.00/each Unified or AASHTO classification, additional to required testing 2.SO/each ph determination 15.00/each Sulfate determination 20.00/each Other chemical contents On request MATERIALS - FIELD Coring of concrete or asphalt Equipment cost (per inch diameter per inch core) Generator or water source 15.00/day Swiss hammer, concrete compressive strength 10.00/test Windsor probe, concrete compressive strength 10.00/encli SHIVE-HATTERY & ASSOCIATES IJ 741 ?741 Schedule of General, Through December 31, Page Five Nuclear densometer Field and Laboratory Fees 1980 Equipment cost - hourly $ 5.00/hour 100.00/week Equipment cost - by test 3.00/each Pachometer (size and location of reinforcing steel) 25.00/day MATERIALS - LABORATORY Concrete - Cylinders (6" x 12" Nominal) Mold .7S/each Break, including curing, capping, and reporting 5.50/each Hold, cured but not broken 3.50/each Unit density 1.50/each Cubes (2" x 2") 8.2S/each Mix design Development of theoretical mix design 125.00/each Certification of existing design 75.00/each Trial batch, including 6 test cylinders 200.00/each and molds Cut specimen Absorption 11.00/each Unit density 10.00/each Trimming 10.00/cut Break, including curing, capping and reporting 11.00/each Block testing Single block - break 17.00/each Prism - break 22.00/oach Absorption 11.00/each Net area determination 17.00/each Beam testing Flexural strength, including net area determination 25.00/each Molding equipment 5.00/each SHIVE-HATTERY & ASSOCIATES 1.377 Schedule of General, Through December 31, Page Six Asphalt - Field and Laboratory Fees 1980 Flash point determination Extraction (centrifical method - $15.00 additional) Extraction.(centrifical method - $15.00 additional) with gradation Marshall density (3 specimens), mix provided Cut specimen Unit density If more than 3 specimens Roofing sample, quantitative - new roof Roofing sample, quantitative - existing roof Aggregates - Bulk specific gravity (SSD) Absorption Dry rodded unit weight MISCELLANEOUS INSPECTION 2c 2: 7 Caissons, piling, or earthwork inspection will be charged utlizing standard hourly rates of required technical personnel, including travel time. Equipment costs will be charged at the rates outlined above. Additional or special testing rates will be quoted on request. SHIVE-HATTERY & ASSOCIATES /37f DIRECT PERSONNEL EXPENSE THROUGH DECEMBER 31, 1980 Grade 8 Engineer $ 22.65/Hour Grade 7 Engineer 21.90/Hour Grade 6 Engineer 19.42/Hour Grade S Engineer 17.32/Hour Grade 4 Engineer 15.23/Hour Grade 3 Engineer 13.65/Hour Grade 2 Engineer 11.80/Hour Grade P Technician 13.73/Hour Grade E Technician 13.00/Hour Grade D Technician 10.40/Hour Grade C Technician 8.S7/Hour Grade B Technician 6.76/Hour Grade A Technician 4.43/Hour 3 -Man Survey Crew 25.S8/Hour 2 -Man Survey Crew 19.71/1 -lour SHIVE•HATTERY & ASSOCIATES /37� RESOLUTION NO. 80-501 RESOLUTION AUTHORIZING THE SALE OF REAL PROPERTY OWNED BY THE CITY OF IOWA CITY AND LOCATED IN BLOCK TWO OF COOK, SARGENT AND DOWNEY'S ADDITION (WEST OF GILBERT STREET AND SOUTH OF KIRKWOOD AVENUE). WHEREAS, the City of Iowa City owns the following real property: An alley running east and west in Block 2 of Cook, Sargent and Downey's Addition, with a width of 20 feet; and WHEREAS, the City Council of the City of Iowa City has adopted Ordinance No. 80-3000 on July 29, 1980, vacating the above-described alley; and WHEREAS, the City Council desires to sell the above-described real property to Chariton Storage Co.; and WHEREAS, the proposed sale will be subject to the following terms: 1. The price for the sale of the above-described real property will be $10,000. 2. Chariton Storage Co. and Hy -Vee Food Stores, Inc., will provide the City with Quit Claim Deeds to the property immediately east of Ralston Creek, south of Kirkwood Avenue, and north of First Street; and WHEREAS, a public hearing on the proposed sale of this property was held on the 26th day of August, 1980, at the City Council Chambers, Civic Center, 410 East Washington Street, Iowa City, Iowa: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY: 1. That the City is authorized to convey the above-described real property to Chariton Storage Co. for the sum of $10,000 and in exchange for a Quit Claim Deed as described above. 2. That the Mayor is authorized to sign, and the City Clerk to attest, an appropriate Warranty Deed conveying the above-described property to Chariton Storage Co. It was moved by Vevera and seconded by Neuhauser the Resolution 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 61 i3f' t Passed and approved this 18th day of Nov. , 1980. MAYOR ATTEST: 04L A l CITY CLERK /.3 8/ RESOLUTION NO. 80-502 RESOLUTION AUTHORIZING AMENDMENTS TO THE FIFTH YEAR HOLD -HARMLESS COMMUNITY DEVELOPMENT BLOCK GRANT BUDGET. WHEREAS, the City of Iowa City, Iowa, is the recipient of Community Development Block Grant funds granted by the U.S. Department of Housing and Urban Development under Title I of the Housing and Community Develop- ment Act of 1974, as amended (Public Law 93-383); and WHEREAS, the City of Iowa City wishes to allocate additional funds for completion of the Senior Center Renovation Project and for Housing Rehabilitation; and WHEREAS, an opportunity exists whereby said Senior Center and Housing Rehabilitation projects may be funded from contingency; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA: 1. That the City Manager is hereby authorized and directed to amend the City's Fifth Year Hold -Harmless Community Development Block Grant budget by increasing funding for the Senior Center Renovation Project and Housing Rehabilitation by the amounts indicated below: Senior Center Renovation $114,856.00 Housing Rehabilitation 100,000.00 2. That funds for these activities be allocated from the existing hold - harmless contingency. It was moved by Neuhauser and seconded by Perret 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 18thday of November , 1980. ATTEST: MAYOR CITY CLERK Rn..•:I'J... BY TIE LEGkL DIXAR'iCEPIT i 3 9 .Z ✓ o CL Memorandum of Agreement Iowa City, Iowa November 18 , 1980 The City Council of Iowa City, Iowa, met in formal session on the 18th day of November _, 1980, at 7:30 o'clock, P.m., --a Civic Center , in Iowa City, Iowa. The meeting was called to order and there were present John R. Balmer Mayor, in the chair, and the following named Council Members: Erdahl, Lynch, Neuhauser, Perret, Roberts Vevera Absent: None Matters were discussed relative to the financing of a project pursuant to Chapter 419 of the Iowa Code. whereupon, Council Member Neuhauser introduced a resolution entitled "A Resolution authorizing the execution of a Memorandum of Agreement with Rosja, Ltd. and moved its adoption; seconded by Council Member Lynch After due consideration of said resolution by the Council, the Mayor put the question on the motion and the roll being called, the following named Council Members voted: Ayes: Erdahl, Lynch, Neuhauser, Perret, Roberts. Vevera Balmer Nays: No Whereupon, the Mayor declared said resolution duly adopted and approval was signed thereto. Upon motion and vote, the meeting adjourned. Attest: City Clerk (Seal) .Mayor -1- BELIN• HARRIS. HELMICK & LOVRIEN. LAWYERS. DES MOINES. IOWA 131-3 80-503 RESOLUTION A Resolution authorizing the execution of a Memorandum of Agreement with Rosja, Ltd. WHEREAS, the City of Iowa City, Iowa, in the County of Johnson, State of Iowa (the "Issuer") is an incorporated municipality authorized and empowered by the provisions of Chapter 419 of the Code of Iowa, 1979, as amended (the "Act") to issue revenue bonds for the purpose of financing the cost of acquiring, by construction or purchase, land, buildings, improvements and equipment, or any interest therein, suitable for the use of commercial enterprises which the City Council of the Issuer as the governing body, finds is consistent with an urban renewal plan, adopted by the Issuer pursuant to Chapter 403 of the Code of Iowa; and WHEREAS, the Issuer has adopted an Urban Renewal Plan, Project No. Iowa R-14 (the "Urban Renewal Plan") for the Urban Renewal Area designated therein (the "Urban Renewal Area") and in furtherance of its efforts to carry out the Urban Renewal Plan the Issuer proposes to issue its revenue bonds pursuant to the Act for the purpose of financing certain improvements and equipment (the "Project") suitable for use by Rosja, Ltd. (the "Company") in its commercial enterprise, located within the Urban Renewal Area; and WHEREAS, a Memorandum of Agreement in the form and with the contents set forth in Exhibit A attached hereto, has been presented to the Issuer under the terms of which the Issuer agrees, subject to the provisions of such Agreement, to pursue proceedings necessary under the Act to issue its revenue bonds for such purpose; NOW, THEREFORE, BE IT RESOLVED by the City Council of the Issuer, as follows; Section 1. The Memorandum of Agreement in the form and with the contents set forth in Exhibit A attached hereto be and the same is hereby approved and the Mayor is hereby authorized to execute said Memorandum of Agreement and the Clerk is hereby authorized to attest the same and to affix the seal of the Issuer thereto, said Memorandum of Agreement which constitutes and is hereby made a part of this Resolution to be in substantially the form, text and containing the provisions set forth in Exhibit A attached hereto. Section 2. Officials of the Issuer are hereby authorized to take such further action as may be necessary to carry out the intent and purpose of the Memorandum of Agreement. -2- RELIN. HARRIS, HELMICK & LOVRIEN. LAWYERS. DES MOINES, IOWA /3 ,FSZ Section 3. That all resolutions and parts thereof in conflict herewith are hereby repealed to the extent of such conflict. Passed and approved this 18th day of November , 1980. .Mayor Attest: Z. t' -T { �� City Clerk (seal) -3- 6ELIN, HARRIS, HELMICK & LOVRIEN, LAWYERS. DES MOINES. IOWA C� o EXHIBIT A MEMORANDUM OF AGREEMENT THIS MEMORANDUM OF AGREEMENT is between the City of Iowa City, Iowa, (the "Issuer") and Rosja, Ltd. (the "Company"). 1. Preliminary Statement. Among the matters of mutual inducement which have resulted in the execution of this Agreement are the following: (a) The Issuer is authorized by Chapter 419 of the Code of Iowa, 1979, as amended (the "Act") to issue revenue bonds for the purpose of financing the cost of acquiring, by construction or purchase, land, buildings, improvements and equipment, or any interest therein, suitable for the use of commercial enterprises which the City Council of the Issuer as the governing body, finds is consistent with an urban renewal plan, adopted by the Issuer pursuant to Chapter 403 of the Code of Iowa. (b) The Issuer has adopted an Urban Renewal Plan, Project No. Iowa R-14 (the "Urban Renewal Plan") for the Urban Renewal Area designated therein (the "Urban Renewal Area") and in furtherance of its efforts to carry out the Urban Renewal Plan the Issuer proposes to issue its revenue bonds pursuant to the Act for the purpose of financing certain improvements and equipment (the "Project") suitable for use by Rosja, Ltd. (the "Company") in its commercial enterprise, loacted within the Urban Renewal Area. (c) The Company wishes to obtain satisfactory assurance from the Issuer that subject to the public hearing required by the Act and upon reaching mutually acceptable terms regarding such bonds,' such bonds will be issued by the Issuer in the aggregate principal amount not to exceed $70,000 sufficient to finance all or a portion of the costs of the Project. (d) The Issuer considers that the undertaking of the Project and the financing of the same is consistent with the Urban Renewal Plan and will promote urban renewal, rehabilitation and redevelopment of the Issuer and will enhance the tax base of the Issuer, increase commerce within the Issuer and add to the welfare and prosperity of the Issuer and its citizens. 2. Undertakings on the Part of the Issuer. (a) The Issuer will begin the proceedings necessary to authorize the issuance of such bonds, in the aggregate principal amount not to exceed $70,000. BELIN. N ARR154HELMICK 6 NEARTNEY L�wrEoS 0Ec .•Ci•a[5 �Ow♦ (b) Subject to due compliance with all requirements of law, including the provisions of and the public hearing required by the Act and upon reaching mutually acceptable terms regarding such bonds, it will cooperate with the Company, in the issuance and sale of such bonds, and the proceeds from the issuance of such bonds shall be loaned to the Company upon terms sufficient to pay the principal of and interest and redemption premium, if any, on such bonds, as and when the same shall become due. 3. Undertakings on the Part of the Company. (a) It will use all reasonable efforts to cooperate with the Issuer and comply with the Act and all other provisions of law relating to the Project and the issuance and sale of such bonds. (b) It will enter into a Loan Agreement with the Issuer under the terms of which the Company will obligate itself to pay to the Issuer sums sufficient to pay the principal of and interest and redemption premium, if any, on such bonds as and when the same shall become due and payable. 4. General Provisions. (a) All commitments on the part of the Issuer and the Company herein are subject to the condition that on or before one year from the date hereof (or such other date as shall be mutually agreed to) the Issuer and the Company shall have agreed to mutually acceptable terms relating to the issuance and sale of such bonds. (b) Whether or not the events set forth in subsection (a) of this Section 4 take place within the time specified herein or any extension thereof, the Company agrees that it will reimburse the Issuer for all reasonable and necessary costs which the Issuer may incur arising 'from the execution of this Memorandum of Agreement and the performance or the preparation to perform its obligations hereunder, or done at the request of the Company. , (c) All commitments of the Issuer hereunder are further subject to the conditions that the Issuer shall in no event incur any liability for any act or omission hereunder, and that such bonds described herein shall not constitute an indebtedness of the Issuer within the meaning of any constitutional or statutory provision and shall not constitute nor give rise to a pecuniary liability of the Issuer or a charge against its general credit or taxing powers. 9ELIN. HARPr-51ELMICK G HEAg7NEY L+wrCos OCs..C,+rs Iow• /� v/ (d) It is expressly understood by both parties to this Agreement that its execution by the Issuer is intended both as an expression of the Issuer's current intention to proceed with the issuance of the Bonds and to constitute "some other similar official action" for purposes of the Treasury Regulations promulgated under Section 103 of the Internal Revenue Code of 1954, as amended. The execution of the Agreement by the Issuer is not intended to nor does it create a binding commitment of the Issuer to proceed with the issuance of the Bonds. It is further understood that the issuance of the Bonds is subject to further review by the City Council of the Issuer and is conditioned upon, among other things, full compliance with all provisions of the Industrial Revenue Bond Policy and Procedures for the City of Iowa City, Iowa. Dated this day of / 1980. Attest: Clerk (Seal) (Seal) A oAc, Iowa City, Iowa- Mayor owaayor Rosja, Ltd. i If BEIIN. MARRM6-ELMICK 6 MEARTNEY j/y /Y% E�.,v'E-S DES .�C,hCt t,,, /d State of Iowa County of Johnson SS: City of Iowa City I, the undersigned, do hereby certify that I am the duly appointed, qualified and acting City Clerk of the aforementioned City and that as such I have in my possession or have access to the complete official records of said City and of its Council and officers; and that I have carefully compared the transcript hereto attached with the aforesaid official records and that said transcript hereto attached is a true, correct and complete copy of all of the official records showing the action taken by the City Council of said City to authorize the execution of a Memorandum of Agreement by and between Rosja, Ltd. and said City. WITNESS my hand and the seal of said City hereto affixed this 19th day Of November , 1980. (Seal) City Clerk -7- SELIN. HARRIS. HELMICK & LOVRIEN. LAWYERS. DES MOINES. IOWA Proceedings Fixing Date for Hearing Iowa City, Iowa November 18 , 1980 The City Council of Iowa City, Iowa, met in formal session on the 18th day of November 1980, at 7:30 o'clock, P .m., at the Civic Center , in Iowa City, Iowa. The meeting was called to order and there were present John R. Balmer Mayor, in the chair, and the following named Council Members: Erdahl, Lynch, Neuhauser, Perret, Roberts. Vevera Absent: None Matters were discussed concerning the issuance of Industrial Development Revenue Bonds. Whereupon, Council Member Neuhauser introduced a resolution entitled: "Resolution fixing a date for hearing on proposed Industrial Development Revenue Bonds (Rosja, Ltd. Project)", and moved its adoption, seconded by Council Member Lynch After due consideration of the said resolution by the Council, the Mayor put the question upon the motion and the roll being called, the following named Council Members voted: Ayes: Erdahl, Lynch, Neuhauser, Perret, Roberts, Vevera, Balmer Nays: None Absent: None Whereupon, the Mayor declared the said resolution duly adopted and approval was signed thereto. On motion and vote, the meeting adjourned. Attest: City Clerk ol (Seal) ,/Mayor -1- eELIN. HARRIS. HELMICK a LOVRIEN. LAWYERS. DES MOINES, IOWA Idg 80-504 RESOLUTION Resolution fixing a date for hearing on proposed Industrial Development Revenue Bonds (Rosja, Ltd. Project) WHEREAS, the City of Iowa City, in the County of Johnson, State of Iowa (the "Issuer"), is an incorporated municipality authorized and empowered by the provisions of Chapter 419 of the Code of Iowa, 1979, as amended (the "Act") to issue revenue bonds for the purpose of financing the cost of acquiring, by construction or purchase, land, buildings, improvements and equipment or any interest therein, suitable for the use of commercial enterprises which the City Council of the Issuer as the governing body, finds is consistent with an urban renewal plan, adopted by the Issuer pursuant to Chapter 403 of the Code of Iowa; and WHEREAS, the Issuer has adopted an Urban Renewal Plan, Project No. Iowa R-14 (the "Urban Renewal Plan") for the Urban Renewal Area designated therein (the "Urban Renewal Area") and in furtherance of its efforts to carry out the Urban Renewal Plan the Issuer proposes to issue its revenue bonds pursuant to the Act for the purpose of financing certain improvements and equipment (the "Project") suitable for use by Rosja, Ltd. (the "Company") in its commercial enterprise, located within the Urban Renewal Area; and WHEREAS, it is proposed to finance all or a portion of the cost of the Project through the issuance of Industrial Development Revenue Bonds (Rosja, Ltd. Project) of the Issuer in the aggregate principal amount not to exceed $70,000 (the "Bonds") and to loan said amount to the Company under a Loan Agreement between the Issuer and the Company upon mutually acceptable terms, the obligation of which will be sufficient to pay the principal of and redemption premium, if any, and interest on the Bonds as and when the same shall be due and payable; and WHEREAS, the Issuer considers that the undertaking of the Project and the financing of the same is consistent with the Urban Renewal Plan and will promote urban renewal, rehabilitation and redevelopment of the Issuer and will enhance the tax base of the Issuer, increase commerce within the Issuer and add to the welfare and prosperity of the Issuer and its citizens; and WHEREAS, before the Bonds may be issued, it is necessary to conduct a public hearing on the proposal to issue the Bonds, all as required and provided for by Section 419.9 of the Act; NOW, THEREFORE, BE IT RESOLVED by the City Council of the Issuer, as follows: -2- BELIN. HARRIS. HELMICK & LOVRIEN. LAWYERS. DES MOINES. IOWA Section 1. This Council shall meet at the Civic Center in Iowa City, Iowa, on the 16th day of December , 1980, at 7:30 o'clock, P .m., at which time and place a public hearing shall be held on the proposal to issue the Bonds referred to in the preamble hereof, at which hearing all local residents who appear shall be given an opportunity to express their views for or against the proposal to issue the Bonds. Section 2. The Clerk is hereby directed to give notice of intention to issue the Bonds, setting forth the amount and purpose thereof, the time when and place mere the hearing will be held, by publication at least once not less than fifteen (15) days prior to the date fixed for the hearing, in the Iowa City Press -Citizen , a newspaper published and having a general circulation within the Issuer. The notice shall be in substantially the following form: -3 - BELIN. HARRIS. HELMICK & LOVRIEN. LAWYERS. DES MOINES. IOWA 137z NOTICE OF INTENTION TO ISSUE INDUSTRIAL DEVELOPMENT REVENUE BONDS (Rosja, Ltd. Project) The City Council of the City of Iowa City, Iowa, (the "Issuer") will meet on the 16th day of DPcembpr , 1980, at Civic Center , in Iowa City, Iowa, at 7:Ip o'clock, P m., for the purpose of conducting a public hearing on the proposal to issue Industrial Development Revenue Bonds (Rosja, Ltd. Project) of the Issuer, in the aggregate principal amount not to exceed $70,000 (the "Bonds"), and to loan said amount to Rosja, Ltd. (the "Company"), an Iowa corporation, for the purpose of defraying all or a portion of the cost of certain improvements or equipment suitable for the use of its commercial enterprise consisting of a retail facility located within the Urban Renwal Area designated in the Issuer's Urban Renewal Plan, Project No. Iowa R-14. The Bonds, if issued, will be limited obligations and will not constitute general obligations of the Issuer nor will they be payable in any manner by taxation, but the Bonds will be payable solely and only from amounts received by the Issuer under a Loan Agreement between the Issuer and the Company, the obligation of which will be sufficient to pay the principal of and interest and redemption premium, if any on the Bonds as and when the same shall become due. At the. time and place fixed for said public hearing all local residents who appear will be given an opportunity to express their views for or against the proposal to issue the Bonds, and at the hearing or any adjournment thereof, the Issuer shall adopt a resolution determining whether or not to proceed with the issuance of the Bonds. By order of the City Council, this 18thday of November , 1980. City Clerk -4- SELIN. HARRIS. HELMICK & LOVRIEN. LAWYERS. DES MOINES. IOWA Section 3. All resolutions and parts thereof in conflict herewith are hereby repealed to the extent of such conflict. Passed and approved this 18th day of November 1980. Attest: City Clerk (Seal) ,Mayor -5- BELIN. HARRIS. HELMICK & LOVRIEN. LAWYERS. DES MOINES. IOWA State of Iowa County of Johnson SS: City of Iowa City I, the undersigned, do hereby certify that I am the duly appointed, qualified and acting City Clerk of the aforementioned City, and that as such I have in my possession or have access to the official records of said City and of its officials and that I have compared the transcript hereto attached with the said official records and that the same constitutes a true and correct and complete copy of such official records showing the action taken by the Council of said City to set a date for a public hearing on the proposal to issue Industrial Development Revenue Bonds (Rosja, Ltd. Project) in the aggregate principal amount not to exceed $70,000. WITNESS my official signature and the seal of said City this 6/ tl day of , 1980. (Seal) City Clerk -6- n SELIN. HARRIS. HELMICK & LOVRIEN. LAWYERS. DES MOINES. IOWA / 9�s EXHIBIT A MEMORANDUM OF AGREEMENT THIS MEMORANDUM OF AGREEMENT is between the City of Iowa City, Iowa, (the "Issuer") and Cards et cetera, Ltd. (the "Company"). 1. Preliminary Statement. Among the matters of mutual inducement which have resulted in the execution of this Agreement are the following: (a) The Issuer is authorized by Chapter 419 of the Code of Iowa, 1979, as amended (the "Act") to issue revenue bonds for the purpose of financing the cost of acquiring, by construction or purchase, land, buildings, improvements and equipment, or any interest therein, suitable for the use of commercial enterprises which the City Council of the Issuer as the governing body, finds is consistent with an urban renewal plan, adopted by the Issuer pursuant to Chapter 403 of the Code of Iowa. (b) The Issuer has adopted an Urban Renewal Plan, Project No. Iowa R-14 (the "Urban Renewal Plan") for the Urban Renewal Area designated therein (the "Urban Renewal Area") and in furtherance of its efforts to carry out the Urban Renewal Plan the Issuer proposes to issue its revenue bonds pursuant to the Act for the purpose of financing certain improvements and equipment (the "Project") suitable for use by Cards et cetera, Ltd. (the "Company") in its commercial enterprise, loacted within the Urban Renewal Area. (c) The Company wishes to obtain satisfactory assurance from the Issuer that subject to the public hearing required by the Act and upon reaching mutually acceptable terms regarding such bonds, such bonds will be issued by the Issuer in the aggregate principal amount not to exceed $100,000 sufficient to finance all or a portion of the costs of the Project. (d) The Issuer considers that the undertaking of the Project and the financing of the same is consistent with the Urban Renewal Plan and will promote urban renewal, rehabilitation and redevelopment of the Issuer and will enhance the tax base of the Issuer, increase commerce within the Issuer and add to the welfare and prosperity of the Issuer and its citizens. 2. Undertakings on the Part of the Issuer. (a) The Issuer will begin the proceedings necessary to authorize the issuance of such bonds, in the aggregate principal amount not to exceed $100,000. BELIN. HARRIS: HELMICR B HEARTNEY l�.vvCo< ICI uCl'.ES 10—♦ /�4O 0 A Memorandum of Agreement Iowa City, Iowa November 18 , 1980 The City Council of Iowa City, Iowa, met in Formal session on the 18th day of November 1980, at 7:30 o'clock, P.m., at the Civic center in Iowa City, Iowa. The meeting was called to order and there were present John R. Balmer Mayor, in the chair, and the following named Council Members: Erdahl, Lynch, Neuhauser, Perret, Roberts, Vevera Absent: None Matters were discussed relative to the financing of a project pursuant to Chapter 419 of the Iowa Code. Whereupon, Council Member Neuhauser introduced a resolution entitled "A Resolution authorizing the execution of a Memorandum of Agreement with Cards et cetera, Ltd." and moved its adoption; seconded by Council Member Lynch After due consideration of said resolution by the Council, the Mayor put the question on the motion and the roll being called, the following named Council Members voted: Ayes: Erdahl, Lynch, Neuhauser, Perret, Roberts, Vevera, Balmer Nays: None Whereupon, the Mayor declared said resolution duly adopted and approval was signed thereto. Upon motion and vote, the meeting adjourned. Attest: City Clerk (Seal) Mayor -1- BELIN. HARRIS. HELMICK & LOVRIEN. LAWYERS. DES MOINES. IOWA /3�' ? If 80-505 RESOLUTION A Resolution authorizing the execution of a Memorandum of Agreement with Cards et cetera, Ltd. WHEREAS, the City of Iowa City, Iowa, in the County of Johnson, State of Iowa (the "Issuer") is an incorporated municipality authorized and empowered by the provisions of Chapter 419 of the Code of Iowa, 1979, as amended (the "Act") to issue revenue bonds for the purpose of financing the cost of acquiring, by construction or purchase, land, buildings, improvements and equipment, or any interest therein, suitable for the use of commercial enterprises which the City Council of the Issuer as the governing body, finds is consistent with an urban renewal plan, adopted by the Issuer pursuant to Chapter 403 of the Code of Iowa; and WHEREAS, the Issuer has adopted an Urban Renewal Plan, Project No. Iowa R-14 (the "Urban Renewal Plan") for the Urban Renewal Area designated therein (the "Urban Renewal Area") and in furtherance of its efforts to carry out the Urban Renewal Plan the Issuer proposes to issue its revenue bonds pursuant to the Act for the purpose of financing certain improvements and equipment (the "Project") suitable for use by Cards et cetera, Ltd. (the "Company") in its commercial enterprise, located within the Urban Renewal Area; and WHEREAS, a Memorandum of Agreement in the form and with the contents set forth in Exhibit A attached hereto, has been presented to the Issuer under the terms of which the Issuer agrees, subject to the provisions of such Agreement, to pursue proceedings necessary under the Act to issue its revenue bonds for such purpose; NOW, THEREFORE, BE IT RESOLVED by the City Council of the Issuer, as follows: Section 1. The Memorandum of Agreement in the form and with the contents set forth in Exhibit A attached hereto be and the same is hereby approved and the Mayor is hereby authorized to execute said Memorandum of Agreement and the Clerk is hereby authorized to attest the same and to affix the seal of the Issuer thereto, said Memorandum of Agreement which constitutes and is hereby made a part of this Resolution to be in substantially the form, text and containing the provisions set forth in Exhibit A attached hereto. Section 2. Officials of the Issuer are hereby authorized to take such further action as may be necessary to carry out the intent and purpose of the Memorandum of Agreement. -2- BELIN. HARRIS. HELMICK & LOVRIEN. LAWYERS. DES MOINES. IOWA 1391 Section 3. That all resolutions and parts thereof in conflict herewith are hereby repealed to the extent of such conflict. Passed and approved this 18th day of November , 1980. Attest - City Clerk Mayor (Seal) -3- BELIN. HARRIS. HELMICK & LOVRIEN. LAWYERS. DES MOINES. IOWA /3 9% (b) Subject to due compliance with all requirements of law, including the provisions of and the public hearing required by the Act and upon reaching mutually acceptable terms regarding such bonds, it will cooperate with the Company, in the issuance and sale of such bonds, and the proceeds from the issuance of sucil bonds shall be loaned to the Company upon terms sufficient to pay the principal of and interest and redemption premium, if any, on such bonds, as and c,4 -len the same shall become due. 3. Undertakinqs on the Part of the Compa (a) It will use all reasonable efforts to cooperate with the Issuer and comply with the Act and all other provisions of law relating to the Project and the issuance and sale of such bonds. (b) It will enter into a Loan Agreement with the Issuer under the terms of which the Company will obligate itself to pay to the Issuer sums sufficient to pay the principal of and interest and redemption premium, if any, on such bonds as and when the same shall become due and payable. 4. General Provisions. (a) All commitments on the part of the Issuer and the Company herein are subject to the condition that on or before one year from the date hereof (or such other date as shall be mutually agreed to) the Issuer and the Company shall have agreed to mutually acceptable terms relating to the issuance and sale of such bonds. (b) Whether or not the events set forth in subsection (a) of this Section 4 take place within the time specified herein or any extension thereof, the Company agrees that it will reimburse the Issuer for all reasonable and necessary costs which the Issuer may incur arising from the execution of this Memorandum of Agreement and the performance or the preparation to perform its obligations hereunder, or done at the request of the Company. (c) All commitments of the Issuer hereunder are further subject to the conditions that the Issuer shall in no event incur any liability for any act or omission hereunder, and that such bonds described 'Herein shall not constitute an indebtedness of the Issuer within the meaning of any constitutional or statutory provision and shall not constitute nor give rise to a pecuniary liability of the Issuer or a charge against its general credit or taxing powers. BELIN. HARRi S.5. LHICK 6 HEAR-,NEY l�w.CoS OCS 10'-v (d) It is expressly understood by both parties to this Agreement that its execution by the Issuer is intended both as an expression of the Issuer's current intention to proceed with the issuance of the Bonds and to constitute "some other similar official action" for purposes of the Treasury Regulations promulgated under Section 103 of the Internal Revenue Code of 1954, as amended. The execution of the Agreement by the Issuer is not intended to nor does it create a binding commitment of the Issuer to proceed with the issuance of the Bonds. It is further understood that the issuance of the Bonds is subject to further review by the City Council of the Issuer and is conditioned upon, among other things, full compliance with all provisions of the Industrial Revenue Bond Policy and Procedures for the City of Iowa City, Iowa. Dated this day of Attest: Clerk (Seal) (Seal) AOne 1930. Iowa) City, Iowa BY 1. % /'j/5/✓ ` ayor Cards et cetera, Ltd. BELIN. HARRILr .LMICK G HEARTi EY L.wrE-S IEC UCiuES I0,• State of Iowa County of Johnson SS: City of Iowa City I, the undersigned, do hereby certify that I am the duly appointed, qualified and acting City Clerk of the aforementioned City and that as such I have in my possession or have access to the complete official records of said City and of its Council and officers; and that I have carefully compared the transcript hereto attached with t'ne aforesaid official records and that said transcript hereto attached is a true, correct and complete copy of all of the official records showing the action ta'ren by the City Council of said City to authorize the execution of a Memorandum of Agreement icy and between Cards et cetera and said City. wi,rNESS my hand and the seal. of said City hereto affixed this 19th day of November , 1980. (.Seal) City Clerk -7- 6ELIN. HARRIS. HELMICK a LOVRIEN. LAWYERS. DES MOINES. IOWA �/) 2 Proceedings Fixing Date for Hearing Iowa City, Iowa November 18 , 1980 The City Council of Iowa City, Iowa, met in formal session on the 18th day of November 1980, at 7:30 o'clock, p .m., at the Civir Center , in Iowa City, Iowa. The meeting was called to order and there were present John R. Balmer_ , Mayor, in the chair, and the following named Council Members: Lrdahl, Lynch, Neuhauser, Perrot, Roberts, Vevera Absent: None Matters were discussed concerning the issuance of Industrial Development Revenue Bonds. Whereupon, Council Member Neuhauser introduced a resolution entitled: "Resolution fixing a date for hearing on proposed Industrial Development Revenue Bonds (Cards et cetera, Ltd. Project)", and moved its adoption, seconded by Council Member Lynch After due consideration of the said resolution by the Council, the Mayor put the question upon the motion and the roll being called, the following named Council Members voted: Ayes: Lrdahl, Lynch, Neuhauser, Porret, Roberts, Vevera, Calmer Nays: Absent: Whereupon, the Mayor declared the said resolution duly adopted and approval was signed thereto. On motion and vote, the meeting adjourned. Attest: City Clerk (Seal) Mayor -1- SELIN. HARRIS. HELMICK & LOVRIEN. LAWYERS. DES MOINES. IOWA iVID� 80-506 RESOLUTION Resolution fixing a date for hearing on proposed Industrial Development Revenue Bonds (Cards et cetera, Ltd. Project) WHEREAS, the City of Iowa City, in the County of Johnson, State of Iowa (the "Issuer"), is an incorporated municipality authorized and empowered by the provisions of Chapter 419 of the Code of Iowa, 1979, as amended (the "Act") to issue revenue bonds for the purpose of financing the cost of acquiring, by construction or purchase, Land, buildings, improvements and equipment or any interest therein, suitable for the use of commercial enterprises which the City Council of the Issuer as the governing body, finds is consistent with an urban renewal plan, adopted by the Issuer pursuant to Chapter 403 of the Code of Iowa; and WHEREAS, the Issuer has adopted an Urban Renewal Plan, Project No. Iowa R-14 (the "Urban Renewal Plan") for the Urban Renewal Area designated therein (the "Urban Renewal Area") and in furtherance of its efforts to carry out the Urban Renewal Plan the Issuer proposes to issue its revenue bonds pursuant to the Act for the purpose of financing certain improvements and equipment (the "Project") suitable for use by Cards et cetera, Ltd. (the "Company") in its commercial enterprise, located within the Urban Renewal Area; and WHEREAS, it is proposed to finance all or a portion of the cost of the Project through the issuance of Industrial Development Revenue Bonds (Cards et cetera, Ltd. Project) of the Issuer in the aggregate principal amount not to exceed $100,000 (the "Bonds") and to loan said amount to the Company under a Loan Agreement between the Issuer and the Company upon mutually acceptable terms, the obligation of which will be sufficient to pay the principal of and redemption premium, if any, and interest on the Bonds as and when the same shall be due and payable; and WHEREAS, the Issuer considers that the undertaking of the Project and the financing of the same is consistent with the Urban Renewal Plan and will promote urban renewal, rehabilitation and redevelopment of the Issuer and will enhance the tax base of the Issuer, increase commerce within the Issuer and add to the welfare and prosperity of the Issuer and its citizens; and WHEREAS, before the Bonds may be issued, it is necessary to conduct a public hearing on the proposal to issue the Bonds, a1.1 as required and provided for by Section 419.9 of the Act; NOW, THEREFORE, BE IT RESOLVED by the City Council of the Issuer, as follows: -2- BELIN. HARRIS. HELMICK & LOVRIEN. LAWYERS. DES MOINES. IOWA Section 1. This Council shall meet at the Civic Center in Iowa City, Iowa, on the 16th day of December , 1980, at 7:30 o'clock., P.m., at which time and place a public hearing shall be held on the proposal to issue the Bonds referred to in the preamble hereof, at which hearing all local residents who appear shall be given an opportunity to express their views for or against the proposal to issue the Bonds. Section 2. The Clerk is hereby directed to give notice of intention to issue the Bonds, setting forth the amount and purpose thereof-, the time when and place where the hearing will be held, by publication at least once not less than fifteen (15) days prior to the date fixed for the hearing, in the Iowa City Press -Citizen a newspaper published and having a general circulation within the Issuer. The notice shall be in substantially the following form: -3- BELIN. HARRIS. HELMICK & LOVRIEN. LAWYERS. DES MOINES, IOWA ,/ NOTICE OF INTENTION TO ISSUE INDUSTRIAL DEVELOPMENT REVENUE BONDS (Cards et cetera, Ltd. Project) The City Council of the City of Iowa City, Iowa, (the "Issuer") will meet on the 16th day of December , 1980, at City }tall Civic Center , in Iowa City, Iowa, at 7:30 o'clock, P .m., or the purpose of conducting a public hearing on the proposal to issue Industrial Development Revenue Bonds (Cards et cetera, Ltd. Project) of the Issuer, in the aggregate principal amount not to exceed $100,000 (the "Bonds"), and to loan said amount to Cards et cetera, Ltd. (the "Company"), an Iowa corporation, for the purpose of defraying all or a portion of the cost of certain improvements or equipment suitable for the use of its commercial enterprise consisting of a retail facility located within the Urban Renwal Area designated in the Issuer's Urban Renewal Plan, Project No. Iowa R-14. The Bonds, if issued, will be limited obligations and will not constitute general obligations of the Issuer nor will they be payable in any manner by taxation, but the Bonds will be payable solely and only from amounts received by the Issuer under a Loan Agreement between the Issuer and the Company, the obligation of which will be sufficient to pay the principal of and interest and redemption premium, if any on the Bonds as and when the same shall become due. At the time and place fixed for said public hearing all local residents who appear will be given an opportunity to express their views for or against the proposal to issue the Bonds, and at the hearing or any adjournment thereof, the Issuer shall adopt a resolution determining whether or not to proceed with the issuance of the Bonds. By order of the City Council, this 26t1i day Of November , 1980. City Clerk -4- BELIN. HARRIS. HELMICK & LOVRIEN. LAWYERS. DES MOINES. IOWA Section 3. All resolutions and parts thereof in conflict herewith are hereby repealed to the extent of such conflict. Passed and approved this Attest: City Clerk (Seal) 18th day of November 1980. Mayor -5- 9ELIN, HARRIS. HELMICK & LOVRIEN. LAWYERS, DES MOINES, IOWA /009 J State of Iowa County of Johnson SS: City of Iowa City I, the undersigned, do hereby certify that I am the duly appointed, qualified and acting City Clerk of the aforementioned City, and that as such I have in my possession or have access to the official records of said City and of its officials and that I have compared the transcript hereto attached with the said official records and that the same constitutes a true and correct and complete copy of such official records showing the action taken by the Council of said City to set a date for a public hearing on the proposal to issue Industrial Development Revenue Bonds (Cards et cetera, Ltd. Project) in the aggregate principal amount not to exceed $100,000. WITNESS my official signature and the seal of said City this { 1, day of , ( , I,, , , 1980. (Seal) City Clerk -6- SELIN. HARRIS. HELMICK & LOVRIEN. LAWYERS. DES MOINES. IOWA n / elO Memorandum of Agreement Iowa City, Iowa November 18 , 1980 The City Council of Iowa City, Iowa, met in formal session on'the 18th day of November 1980, at 7;�p o'clock, _L -m-, at the Civic Center , in Iowa City, Iowa. The meeting was called to order and there were present John R. Balmer I Mayor, in the chair, and the following named Council Members: F,rclnb Perret. Roberts- Absent: None Matters were discussed relative to the financing of a project pursuant to Chapter 419 of the Iowa Code. Whereupon, Council Member Neuhauser introduced a resolution entitled "A Resolution authorizing the execution of a Memorandum of Agreement with Mark Henri Ltd. of Iowa City" and moved its adoption; seconded by Council Member Lvnch After due consideration of said resolution by the Council, the Mayor put the question on the motion and the roll being called, the following named Council Members voted: Ayes:Erdahl Lynch, Npiihnnqer, Perret, Roberts, Vevera. Balmer Nays: None Whereupon, the Mayor declared said resolution duly adopted and approval was signed thereto. Upon motion and vote, the meeting adjourned. Attest: City Clerk (Seal) '� ayor -1- BELIN, HARRIS, HELMICK & LOVRIEN, LAWYERS, DES MOINES, IOWA 1411 80-507 RESOLUTION A Resolution authorizing the execution of a Memorandum of Agreement with Mark Henri Ltd. of Iowa City WHEREAS, the City of Iowa City, Iowa, in the County of Johnson, State of Iowa (the "Issuer") is an incorporated municipality authorized and empowered by the provisions of Chapter 419 of the Code of Iowa, 1979, as agended (the "Act") to issue revenue bonds for the purpose of financing the cost of acquiring, by construction or purchase, land, buildings, improvements and equipment, or any interest therein, suitable for the use of commercial enterprises which the City Council of the Issuer as the governing body, finds is consistent with an urban renewal plan, adopted by the Issuer pursuant to Chapter 403 of the Code of Iowa; and WHEREAS, the Issuer has adopted an Urban Renewal Plan, Project No. Iowa R-14 (the "Urban Renewal Plan") for the Urban Renewal Area designated therein (the "Urban Renewal Area") and in furtherance of its efforts to carry out the Urban Renewal Plan the Issuer proposes to issue its revenue bonds pursuant to the Act for the purpose of financing certain improvements and equipment (the "Project") suitable for use by Mark Henri Ltd. of Iowa City (the "Company") in its commercial enterprise, located within the Urban Renewal Area; and WHEREAS, a Memorandum of Agreement in the form and with the contents sett forth in Exhibit A attached hereto, has been presented to the Issuer under the terms of which the Issuer agrees, subject to the provisions of such Agreement, to pursue proceedings necessary under the Act to issue its revenue bonds for such purpose; NOW, THEREFORE, BE IT RESOLVED by the City Council of the Issuer, as follows: Section 1. The Memorandum of Agreement in the form and with the contents se+t forth in Exhibit A attached hereto be and the same is hereby approved and the Mayor is hereby authorized to execute said Memorandum of Agreement and the Clerk is hereby authorized to attest the same and to affix the seal of the Issuer thereto, said Memorandum of Agreement which constitutes and is hereby made a part of this Resolution to be in substantially the form, text and containing the provisions set forth in Exhibit A attached hereto. Section 2. Officials of the Issuer are hereby authorized to take such further action as may be necessary to carry out the intent and purpose of the Memorandum of Agreement. -2- BELIN. HARRIS, HELMICK L, LOVRIEN. LAWYERS, DES MOINES, IOWA Section 3. That all resolutions and parts thereof in conflict herewith are hereby repealed to the extent of Such conflict. Passed and approved this 18th day of November , 1980. Att 'Bt: ■ �:- City Clerk i � a -v -or (Seal) -3- BELIN, HARRIS, HELMICK d LOVRIEN, LAWYERS, DES MOINES. IOWA EXHIBIT A MEMORANDUM OF AGREEMENT THIS MEMORANDUM OF AGREEMENT is between the City of Iowa City, Iowa, (the "Issuer") and Mark Henri Ltd. of Iowa City (the "Company"). 1. Preliminary Statement. Among the matters of mutual inducement which have resulted in the execution of this.,Agreement are the following: (a) The Issuer is authorized by Chapter 419 of the Code of Iowa, 1979, as amended (the "Act") to issue revenue bonds for the purpose of financing the cost of acquiring, by construction or purchase, land, buildings, improvements and equipment, or any interest therein, suitable for the use of commercial enterprises which the City Council of the Issuer as the governing body, finds is consistent with an urban renewal plan, adopted by the Issuer pursuant to Chapter 403 of the Code of Iowa. (b) The Issuer has adopted an Urban Renewal Plan, Project No. Iowa R-14 (the "Urban Renewal Plan") for the Urban Renewal Area designated therein (the "Urban Renewal Area") and in furtherance of its efforts to'carry out the Urban Renewal Plan the Issuer proposes to issue its revenue bonds pursuant to the Act for the purpose of financing certain improvements and equipment (the "Project") suitable for use by Mark Henri Ltd. of Iowa City (the "Company") in its commercial enterprise, loacted within the Urban Renewal Area. (c) The Company wishes to obtain satisfactory assurance from the Issuer that subject to the public hearing required by the Act and upon reaching mutually acceptable terms regarding such bonds; such bonds will be issued by the Issuer in the aggregate principal, amount not to exceed $175,000 sufficient to finance all or a portion of the costs of the Project. (d) The Issuer considers that the undertaking of the Project and the financing of the same is consistent with the Urban Renewal Plan and will promote urban renewal, rehabilitation and redevelopment of the Issuer and will enhance the tax base of the Issuer, increase commerce within the Issuer and add to the welfare and prosperity of the -Issuer and its citizens. 2. Undertakings on the Part of the Issuer. (a) The Issuer will begin the proceedings necessary to authorize the issuance of such bonds, in the aggregate principal amount not to exceed $175,000. RCLIN. HARRM4;TELMICK L HCARTHCY /�/� L.W'Cny DC5..01.CS I,,, (b) Subject to due compliance with all requirements of law, including the provisions of and the public hearing required by the Act and upon reaching mutually acceptable terms regarding such bonds, it will cooperate with the Company, in the issuance and sale of such bonds, and the proceeds from the issuance of such bonds shall be loaned to the Company upon terms sufficient to pay the principal of and interest and redemption premium, if any, on such bonds, as and when the same shall become clue. 3. Undertakings on the Part of the Company. (a) It will use all reasonable efforts to cooperate with the Issuer. and comply with the Act ancj all other provisions of law relating to the Project and the issuance and sale of such bonds. (b) It will enter into a Loan Agreement with the Issuer under the terms of which the Company will obligate itself to pay to the Issuer sums sufficient to pay the principal of and interest and redemption premium, if any, on such bonds as and when the same shall become due and payable. 4. General Provisions. (a) All commitments on the part of the Issuer and the Company herein are subject to the condition that on or before one year from the date hereof (or such other date as shall be mutually agreed to) the Issuer and the Company shall have agreed to mutually acceptable terms relating to the issuance and sale of such bonds. (b) Whether or not the events set forth in subsection (a) of this Section 4 take place within the time specified herein or any extension thereof, the Company agrees that it will reimburse the Issuer for all reasonable and necessary costs which the Issuer may incur arising from the execution of this Memorandum of Agreement and the performance or the preparation to perform its obligations hereunder, or done at the request of the Company. , (c) All commitments of the Issuer hereunder are further subject to the conditions that the Issuer. shall in no event incur any liability for any act or omission hereunder, and that such bonds described herein shall not constitute an indebtedness of the Issuer. within the meaning of any constitutional or statutory provision and shall not constitute nor give rise to a pecuniary liability of the Issuer or a charge against its general credit or taxing powers. DEUN. HARRr..5M1ELMICK G HEARTNCY /4�/5. IAWYCcs occ uC...CS Iow' (d) It is expressly understood by both parties to this Agreement that its execution by the Issuer is intended both as an expression of the Issuer's current intention to proceed with the issuance of the Bonds and to constitute "some other similar official action" for purposes of the Treasury Regulations promulgated under Section 103 of the Internal Revenue Code of 1954, as amended. The execution of the Agreement by the Issuer is not intended to nor does it create a binding commitment of the Issuer to proceed with the issuance of the Bonds. It is further understood that the issuance of the Bonds is subject to further review by the City Council of the Issuer- and is conditioned upon, among other things, full compliance with all provisions of the Industrial Revenue Bond Policy and Procedures for the City of Iowa City, Iowa. Dated this Jk±h day of �a��� „� 1980. Attest- / t: Clerk (Seal) (Seal) n10,J1C Iowa City, Iowa Mayor Mark Henq Ltd. of Iowa City BELIN. NARRF 6ELMICK G NEARTNEY L.-vC-5 OCS .b I•.£5 IOV.• 144/4 State of Iowa County of Johnson SS: City of Iowa City I, the undersigned, do hereby certify that I am the duly appointed, qualified and acting City Clerk of the aforementioned City, and that as such I have in my possession or have access to the official records of said City and of its officials and that I have compared the transcript hereto attached with the said official records and that the same constitutes a true and correct and complete copy of such official records showing the action taken by the Council of said City to set a date for a public hearing on the proposal to issue Industrial Development Revenue Bonds (Mark Henri Ltd. of Iowa City Project) in the aggregate principal amount not to exceed $175,000. WITNESS my official signature f q t I,., day of (fie r ----, (Seal) r and the seal of said City this 1980. > i City Clerk -6- SELIN. HARRIS. HELMICK & LOVRIEN. LAWYERS. DES MOINES. IOWA 1417 Proceedings Fixing Date for Hearing Iowa City, Iowa November 18 , 1980 The City Council of Iowa City, Iowa, met in formal session on the 18th day of November 1980, at 7:30 o'clock, p_.m., at the Civic Center , in Iowa City, Iowa. The meeting was called tc_order and there were present John R. Balmer Mayor, in the chair, and the following named Council Members: Erdahl, Lynch, Neuhauser, Perret Roberts. Vevera Absent: None Matters were discussed concerning the issuance of Industrial Development Revenue Bonds. whereupon, Council Member Neuhauser introduced a resolution entitled: "Resolution fixing a date for hearing on proposed Industrial Development Revenue Bonds (Mark Henri Ltd. of Iowa City Project)", and moved its adoption, seconded by Council Member Lynch _ After due consideration of the said resolution by the Council, the Mayor put the question upon the motion and the roll being called, the following named Council Members voted: u • � Nays: Absent: Whereupon, the Mayor declared the said resolution duly adopted and approval was signed thereto. On motion and vote, the meeting adjourned. Attest: City Clerk (Seal) Mayor -1- 6ELIN, HARRIS, HELMICK & LOVRIEN, LAWYERS. DES MOINES. IOWA NW 80-508 RESOLUTION Resolution fixing a date for hearing on proposed Industrial Development Revenue Bonds (Mark Henri Ltd. of Iowa City Project) WHEREAS, the City of Iowa City, in the County of Johnson, State of Iowa (the "Issuer"), is an incorporated municipality authorized and empowered by the provisions of Chapter 419 of the Code of Iowa, 1979, as amended (the "Act") to issue revenue bonds for the purpose of financing the cost of acquiring, by construction or purchase, land, buildings, improvements and equipment or any interest therein, suitable for the use of commercial enterprises which the City Council of the Issuer as the governing body, finds is consistent with an urban renewal plan, adopted by the Issuer pursuant to Chapter 403 of the Code of Iowa; and WHEREAS, the Issuer has adopted an Urban Renewal Plan, Project No. Iowa R-14 (the "Urban Renewal Plan") for the Urban Renewal Area designated therein (the "Urban Renewal Area") and in furtherance of its efforts to carry out the Urban Renewal Plan the Issuer proposes to issue its revenue bonds pursuant to the Act for the purpose of financing certain improvements and equipment (the "Project") suitable for use by Mark Henri Ltd. of Iowa City (the "Company") in its commercial enterprise, located within the Urban Renewal Area; and WHEREAS, it is proposed to finance all or- a portion of the cost of the Project through the issuance of Industrial Development Revenue Bonds (Mark Henri Ltd. of Iowa City Project) of the Issuer in the aggregate principal amount not to exceed $175,000 (the "Bonds") and to loan said amount to the Company under a Loan Agreement between the Issuer and the Company upon mutually acceptable terms, the obligation of which will be sufficient to pay the principal of and redemption premium, if any, and interest on the Bonds as and when the same shall be due and payable; and WHEREAS, the Issuer considers that the undertaking of the Project and the financing of the same is consistent with the Urban Renewal Plan and will promote urban renewal, rehabilitation and redevelopment of the Issuer and will enhance the tax base of the Issuer, increase commerce within the Issuer and add to the welfare and prosperity of the Issuer and its citizens; and WHEREAS, before the Bonds may be issued, it is necessary to conduct a public hearing on the proposal to issue the Bonds, all as required and provided for by Section 419.9 of the Act; NOW, THEREFORE, BE IT RESOLVED by the City Council of the Issuer, as follows: -2- BELIN. HARRIS. HELMICK & LOVRIEN. LAWYERS. DES MOINES. IOWA / Section 1. This Council shall meet at the City-Hall, Civic Center _ in Iowa City, Iowa, on the 16th day of december , 1980, at 7:30 o'clock, P_.m., at which time and place a public hearing shall be held on the proposal to issue the Bonds referred to in the preamble hereof, at which hearing all local residents who appear shall be given an opportunity to express their views for or against the proposal to issue the Bonds. Section 2. The Clerk is hereby directed to give notice of intention to issue the Bonds, setting forth the amount and purpose thereof, the time when and place where the hearing will be held, by publication at least once not less than fifteen (15) days prior to the date fixed for the hearing, in the Iowa City Press Citizen , a newspaper published and having a general circulation within the Issuer. The notice shall be in substantially the following form: -3- BELIN. HARRIS. HELMICK & LOVRIEN. LAWYERS. DES MOINES. IOWA /1/90 NOTICE OF INTENTION TO ISSUE INDUSTRIAL DEVELOPMENT REVENUE BONDS (Mark Henri Ltd. of Iowa City Project) The City Council of the City of Iowa City, Iowa, (the "Issuer") will meet on the 16th day of December , 1980, at City Hall, Civic Center , in Iowa City, Iowa, at 7;30 o'clock, _p_.m., for the purpose of conducting a public hearing on the proposal to issue Industrial Development Revenue Bonds (Mark Henri Ltd. of Iowa City Project) of the Issuer, in the aggregate principal amount not to exceed $175,000 (the "Bonds"), and to loan said amount to Mark Henri Ltd. of Iowa City (the "Company"), an Iowa corporation, for the purpose of defraying all or a portion of the cost of certain improvements or equipment suitable for the use of its commercial enterprise consisting of a retail facility located within the Urban Renwal Area designated in the Issuer's Urban Renewal Plan, Project No. Iowa R-14. The Bonds, if issued, will be limited obligations and will not constitute general obligations of the Issuer nor will they be payable in any manner by taxation, but the Bonds will be payable solely and only from amounts received by the Issuer under a Loan Agreement between the Issuer and the Company, the obligation of which will be sufficient to pay the principal of and interest and redemption premium, if any on the Bonds as and when the same shall become due. At the time and place fixed for said public hearing all local residents who appear will be given an opportunity to express their views for or against the proposal to issue the Bonds, and at the hearing or any adjournment thereof, the Issuer shall adopt a resolution determining whether or not to proceed with the issuance of the Bonds. By order of the City Council, this 18thday of November 1980. City Clerk -4- SELIN. HARRIS. HELMICK & LOVRIEN. LAWYERS. DES MOINES. IOWA Section 3. All resolutions and parts thereof in conflict herewith are hereby repealed to the extent of such conflict. Passed and approved this 18th day of November 1980. (Tayor At City Clerk (Seal) -5- BELIN. HARRIS. HELMICK 6 LOVRIEN. LAWYERS. DES MOINES. IOWA /��� State of Iowa County of Johnson SS: City of Iowa City I, the undersigned, do hereby certify that I am the duly appointed, qualified and acting City Clerk of the aforementioned City, and that as such I have in my possession or have access to the official records of said City and of its officials and that I have compared the transcript hereto attached with the said official records and that the same constitutes a true and correct and complete copy of such official records showing the action taken by the Council of said City to set a date for a public hearing on the proposal to issue Industrial Development Revenue Bonds (Mark Henri Ltd. of Iowa City Project) in the aggregate principal amount not to exceed $175,000. WITNESS my official signature and the seal of said City this }l,, day of 1980. 1980. J It - City Clerk (Seal) SELIN, HARRIS. HELMICK & LOVRIEN, LAWYERS. DES MOINES. IOWA /(('2- 3 Memorandum of Agreement Iowa City, Iowa November 18 , 1980 The City Council of Iowa City, Iowa, met in formal session on the 18th day of November 1980, at 7:30 o'clock, p m., at the Civic Center , in Iowa City, Iowa. The meeting was called to order and there were present John R. Balmer , Mayor, in the chair, and the following named Council Members: Erdahl, Lynch, Neuhauser, Perret, Roberts, Vevera Absent: Matters were discussed relative to the financing of a project pursuant to Chapter 419 of the Iowa Code. Whereupon, Council Member Neuhaer introduced a resolution entitled "A Resolution authorizing the execution of a Memorandum of Agreement with Michael J's Inc." and moved its adoption; seconded by Council Member _Lynch After due consideration of said resolution by the Council, the Mayor put the question on the motion and the roll being called, the following named Council Members voted: Ayes: Erdahl. Lynch. Neuhauser. Perret, Roberts. Vevera, Balmer Nays: Wber.eupon, the Mayor declared said resolution duly adopted and approval was signed thereto. Upon motion and vote, the meeting adjourned. Attest: City Clerk (Seal) Mayor -1- BELIN, HARRIS. HELMICK & LOVRIEN. LAWYERS, OES MOINES. IOWA 7,2 r RESOLUTION N0. 80-509 A Resolution authorizing the execution of a Memorandum of Agreement with Michael J's Inc. WHEREAS, the City of Iowa City, Iowa, in the County of Johnson, State of Iowa (the "Issuer") is an incorporated municipality authorized and empowered by the provisions of Chapter 419 of the Code of Iowa, 1979, as amended (the "Act") to issue revenue bonds for the purpose of financing the cost of acquiring, by construction or purchase, land, buildings, improvements and equipment, or any interest therein, suitable for the use of commercial enterprises which the City Council of the Issuer as the governing body, finds is consistent with an urban renewal plan, adopted by the Issuer pursuant to Chapter 403 of the Code of Iowa; and WHEREAS, the Issuer has adopted an Urban Renewal Plan, Project No. Iowa R-14 (the "Urban Renewal Plan") for the Urban Renewal Area designated therein (the "Urban Renewal Area") and in furtherance of its efforts to carry out the Urban Renewal Plan the Issuer proposes to issue its revenue bonds pursuant to the Act for the purpose of financing certain improvements and equipment (the "Project") suitable for use by Michael J's Inc. (the "Company") in its commercial enterprise, located within the Urban Renewal Area; and WHEREAS, a Memorandum of Agreement in the form and with the contents set forth in Exhibit A attached hereto, has been presented to the Issuer under the terms of which the Issuer agrees, subject to the provisions of such Agreement, to pursue proceedings necessary under the Act to issue its revenue bonds for such purpose; NOW, THEREFORE, BE IT RESOLVED by the City Council of the Issuer, as follows: Section 1. The Memorandum of Agreement in the form and with the contents set forth in Exhibit A attached hereto be and the same is hereby approved and the Mayor is hereby authorized to execute said Memorandum of Agreement and the Clerk is hereby authorized to attest the same and to affix the seal of the Issuer thereto, said Memorandum of Agreement which constitutes and is hereby made a part of this Resolution to be in substantially the form, text and containing the provisions set forth in Exhibit A attached hereto. Section 2. Officials of the Issuer are hereby authorized to take such further action as may be necessary to carry out the intent and purpose of the Memorandum of Agreement. 1WM BELIN. HARRIS. HELMICK & LOVRIEN. LAWYERS. IDES MOINES. IOWA 4 Section 3. That all resolutions and parts thereof in conflict herewith are hereby repealed to the extent of such conflict. Passed and approved this 18th day of November , 1980. N mayor Attest: City Clerk i (Seal) -3- BELIN. HARRIS. HELMICK & LOVRIEN. LAWYERS. DES MOINES, IOWA ,,// 7 i � / EXHIBIT A MEMORANDUM OF AGREEMENT THIS MEMORANDUM OF AGREEMENT is between the City of Iowa City, Iowa, (the "Issuer") and Michael J's Inc. (the "Company"). 1. Preliminary Statement. Among the matters of mutual inducement which have resulted in the execution of this Agreement are the following: (a) The Issuer is authorized by Chapter 419 of the Code of Iowa, 1979, as amended (the "Act") to issue revenue bonds for the purpose of financing the cost of acquiring, by construction or purchase, land, buildings, improvements and equipment, or any interest therein, suitable for the use of commercial enterprises which the City Council of the Issuer as the governing body, finds is consistent with an urban renewal plan, adopted by the Issuer pursuant to Chapter 403 of the Code of Iowa. (b) The Issuer has adopted an Urban Renewal Plan, Project No. Iowa R-14 (the "Urban Renewal Plan") for the Urban Renewal Area designated therein (the "Urban Renewal Area") and in furtherance of its efforts to carry out the Urban Renewal Plan the Issuer proposes to issue its revenue bonds pursuant to the Act for the purpose of financing certain improvements and equipment (the "Project") suitable for use by Michael J's Inc. (the "Company") in its commercial ,?nterprise, loacted within the Urban Renewal Area. (c) The Company wishes to obtain satisfactory assurance from the Issuer that subject to the public hearing required by the Act and upon reaching mutually acceptable terms regarding such bonds, such bonds will be issued by the Issuer in an aggregate principal amount not to exceed $175,000 sufficient to finance all or a portion of the costs of the Project. (d) The Issuer considers that the undertaking of the Project and the financing of the same is consistent with the Urban Renewal Plan and will promote urban renewal, rehabilitation and redevelopment of the Issuer and will enhance the tax base of the Issuer, increase commerce within the Issuer and add to the welfare and prosperity of the Issuer and its citizens. 2. Undertakings on the Part of the Issuer. (a) The Issuer will begin the proceedings necessary to authorize the issuance of such bonds, in an aggregate principal amount not to exceed $175,000. -4- BEIIN. HARRIS. HEIMICK 6 HEAR:NEY ISw.CCS DCS..IIICS IGw� (b) Subject to due compliance with all requirements of law, including the provisions of and the public hearing required by the Act and upon reaching mutually acceptable terms regarding such bonds, it will cooperate with the Company, in the issuance and sale of such bonds, and the proceeds from the issuance of such bonds shall be loanel to the Company upon terms sufficient to pay the principal of and interest and redemption premium, if any, on such bonds, as and when the same shall become due. 3. Undertakinqs on the Part of the (a) It will use all reasonable efforts to cooperate with the Issuer and comply with the Act and all other provisions of law relating to the Project and the issuance and sale of such bonds. - (b) It will enter into a Loan Agreement with the Issuer under the terms of which the Company will obligate itself to pay to the Issuer sums sufficient to pay the principal of and interest and redemption premium, if any, on such bonds as and when the same shall become due and payable. 4. General Provisions. (a) All commitments on the part of the Issuer and the Company herein are subject to the condition that on or before one year from the date hereof (or such other date as shall be mutually agreed to) the Issuer and the Company shall have agreed to mutually acceptable terms relating to the issuance and sale of such bonds. (b) Whether or not the events set forth in subsection (a) of this Section 4 take place within the time specified herein or any extension thereof, the Company agrees that it will reimburse the Issuer for all reasonable and necessary costs which the Issuer may incur arising from the execution of this Memorandum of Agreement and the performance or the preparation to perform its obligations hereunder, or done at the request of the Company. (c) All commitments of the Issuer hereunder are further subject to the conditions that the Issuer shall in no event incur any liability for any act or omission hereunder, and that such bonds described herein shall not constitute an indebtedness of the Issuer within the meaning of any constitutional or statutory provision and shall not constitute nor give rise to a pecuniary liability of the Issuer or a charge against its general credit or taxing powers. BELIN. HARRL555LLELMICK 6 HEARTNEY L&%VVEQS DCc N4C1..ES low• 1 ?12f (d) It is expressly understood by both parties to this Agreement that its execution by the Issuer is intended both as an expression of the Issuer's current intention to proceed with the issuance of the Bonds and to constitute "some other similar official action" for purposes of the Treasury Regulations promulgated under Section 103 of the Internal Revenue Code of 1954, as amended. The execution of the Agreement by the Issuer is not intended to nor does it create a binding commitment of the Issuer to proceed with the issuance of the Bonds. It is further understood that the issuance of the Bonds is subject to further review by the City Council of the Issuer and is conditioned upon, among other things, full compliance with all provisions of the Industrial Revenue Bond Policy and Procedures for the City of Iowa City, Iowa. Dated this day of , 1980. Attest: 7 Clerk (Seal) (Seal) F1ot'�C- Iowa City, Iowa i f ' By/ )Mayor Michael J's Inc. PiZ �s � � ctiT BELIN. HARR1 6RELMICK G HEARTNEY L.11C.5 "I ."..'Es IOw• /St3a State of Iowa County of Johnson SS: City of Iowa City I, the undersigned, do hereby certify that I am the duly appointed, qualified and acting City Clerk of the aforementioned Ci and that as such I have in my possession or have access to the comp official records of said City and of its Council and officers; and I have carefully compared the transcript hereto attached with the -__ aforesaid official records and that said transcript hereto attached a true, correct and complete copy of all of the official records showing the action taken by the City Council of said City to author: the execution of a Memorandum of Agreement by and between Michael J Inc. and said City. WITNESS my hand and the seal of said City hereto affixed this day of , 1980. (Seal) City Clerk -7- BELIN. HARRIS. HELMICK & LOVRIEN, LAWYERS. DES MOINES, IOWA / S` t Proceedings Fixing Date for Hearing Iowa City, Iowa November 18 , 1980 The City Council of Iowa City, Iowa, met in formal session on the 18th day of November 1980, at 7:30 o'clock, P.m., at the 1vic Center , in Iowa City, Iowa. The meeting was called to order and there were present John R. Balmer Mayor, in the chair, and the following named Council Members: Erdahl, Lynch, Neuhauser, Perret, Roberts, Vev Absent: None Matters were discussed concerning the issuance of Industrial Development Revenue Bonds. Whereupon, Council Member Neuhauser introduced a resolution entitled: "Resolution fixing a date for hearing on proposed Industrial Development Revenue Bonds (Michael J's Inc. Project)", and moved its adoption, seconded by Council Member Lynch After due consideration of the said resolution by the Council, the Mayor put the question upon the motion and the roll being called, the following named Council Members voted: Ayes: Erdahl, Lynch, Neuhauser, Perret, Roberts, Vevera Balmer Nays: None Absent: None Whereupon, the Mayor declared the said resolution duly adopted and approval was signed thereto. On motion and vote, the meeting adjourned. Attest: City Clerk (seal) Mayor sin eELIN. HARRIS. HELMICK & LOVRIEN. LAWYERS. DES MOINES. IOWA RESOLUTION N0. 80-510 Resolution fixing a date for hearing on proposed Industrial Development Revenue Bonds (Michael J's Inc. Project) WHEREAS, the City of Iowa City, in the County of Johnson, State of Iowa (the "Issuer"), is an incorporated municipality authorized and empowered by the provisions of Chapter 419 of the Code of Iowa, 1979, as amended (the "Act") to issue revenue bonds for the purpose of financing the cost of acquiring, by construction or purchase, land, buildings, improvements and equipment or any interest therein, suitable for the use of commercial enterprises which the City Council of the Issuer as the governing body, finds is consistent with an urban renewal plan, adopted by the Issuer pursuant to Chapter 403 of the Code of Iowa; and WHEREAS, the Issuer has adopted an Urban Renewal Plan, Project No. Iowa R-14 (the "Urban Renewal Plan") for the Urban Renewal Area designated therein (the "Urban Renewal Area") and in furtherance of its efforts to carry out the Urban Renewal Plan the Issuer proposes to issue its revenue bonds pursuant to the Act for the purpose of financing certain improvements and equipment (the "Project") suitable for use by Michael J's Inc. (the "Company") in its commercial enterprise, located within the Urban Renewal Area; and WHEREAS, it is proposed to finance all or a portion of the cost of the Project through the issuance of Industrial Development Revenue Bonds (Michael J's Inc. Project) of the Issuer in an aggregate principal amount not to exceed $175,000 (the "Bonds") and to loan said amount to the Company under a Loan Agreement between the Issuer and the Company upon mutually acceptable terms, the obligation of which will be sufficient to pay the principal of and redemption premium, if any, and interest on the Bonds as and when the same shall be due and payable; and WHEREAS, the Issuer considers that the undertaking of the Project and the financing of the same is consistent with the Urban Renewal Plan and will promote urban renewal, rehabilitation and redevelopment of the Issuer and will enhance the tax base of the Issuer, increase commerce within the Issuer and add to the welfare and prosperity of the Issuer and its citizens; and WHEREAS, before the Bonds may be issued, it is necessary to conduct a public hearing on the proposal to issue the Bonds, all as required and provided for by Section 419.9 of the Act; NOW, THEREFORE, BE IT RESOLVED by the City Council of the Issuer, as follows: -2- BELIN. HARRIS, HELMICK & LOVRIEN. LAWYERS. DES MOINES. IOWA /11433 Section 1. This Council shall meet at the Civic Center in Iowa City, Iowa, on the 16th day of December , 1980, at 7:30 O' clock, _p. m., at which time and place a public hearing shall be held on the proposal to issue the Bonds referred to in the preamble hereof, at which hearing all local residents who appear shall be given an opportunity to express their views for or against the proposal to issue the Bonds. Section 2. The Clerk is hereby directed to give notice of intention to issue the Bonds, setting forth the amount and purpose thereof, the time when and place where the hearing will be held, by publication at least once not less than fifteen (15) days prior to the date fixed for the hearing, in the Iowa City Press Citizen , a newspaper published and having a general circulation within the Issuer. The notice shall be in substantially the following form: -3- BELIN. HARRIS. HELMICK & LOVRIEN. LAWYERS. DES MOINES. IOWA NOTICE OF INTENTION TO ISSUE INDUSTRIAL DEVELOPMENT REVENUE BONDS (Michael J's Inc. Project) The City Council of the City of Iowa City, Iowa, (the "Issuer") will meet on the 16th day of December 1980, at Civic Center , in Iowa City, Iowa, at 7:30 o'clock, p .m., for the purpose of conducting a public hearing on the proposal to issue Industrial Development Revenue Bonds (Michael J's Inc. Project) of the Issuer, in an aggregate principal amount not to exceed $175,000 (the "Bonds"), and to loan said amount to Michael J's Inc. (the "Company"), an Iowa corporation, for the purpose of defraying all or a portion of the cost of certain improvements or equipment suitable for the use of its commercial enterprise consisting of a retail facility located within the Urban Renwal Area designated in the Issuer's Urban Renewal Plan, Project No. Iowa R-14. The Bonds, if issued, will be limited obligations and will not constitute general obligations of the Issuer nor will they be payable in any manner by taxation, but the Bonds will be payable solely and only from amounts received by the Issuer under a Loan Agreement between the Issuer and the Company, the obligation of which will be sufficient to pay the principal of and interest and redemption premium, if any on the Bonds as and when the same shall become due. At the time and place fixed for said public hearing all local residents who appear will be given an opportunity to express their views for or against the proposal to issue the Bonds, and at the hearing or any adjournment thereof, the Issuer shall adopt a resolution determining whether or not to proceed with the issuance of the Bonds. By order of the City Council, this 26th day of November , 1980. City Clerk 6ELIN. HARRIS. HELMICK & LOVRIEN. LAWYERS. NES MOINES. IOWA /�4.3-r Section 3. All resolutions and parts thereof in conflict herewith are hereby repealed to the extent of such conflict. Passed and approved this Attest: City Clerk (Seal) 18th day of �Lyor -5- November , 1980. BELIN. HARRIS. HELMICK & LOVRIEN. LAWYERS. DES MOINES. IOWA /ezg4 State of Iowa County of Johnson SS: City of Iowa City I, the undersigned, do hereby certify that I am the duly appointed, qualified and acting City Clerk of the aforementionecl City, and that as such I have in my possession or have access to the official records of said City and of its officials and that I have compared the transcript hereto attached with the said official records and that the same constitutes a true and correct and complete copy of such official records showing the action taken by the Council of said City to set a date for a public hearing on the proposal to issue Industrial Development Revenue Bonds (Michael J's Inc. Project) in an aggregate principal amount not to exceed $175,000. WITNESS my official signature and the seal of said City this 1 !, day of �, { , 1980. (Seal) _ty Clerk SELIN. HARRIS. HELMICK & LOVRIEN. LAWYERS. DES MOINES. IOWA 11137 ri i Memorandum of Agreement Iowa City, Iowa November 18 1980 The City Council of Iowa City, Iowa, met in formal session on the 18th day of November , 1980, at 7:30 o'clock, P.m., at the Civic Center , in Iowa City, Iowa. The meeting was called to order and there were present John R. Balmer Mayor, in the chair, and the following named Council Members: Erdahl, Lynch, Neuhauser, Perret, Roberts, Vevera Absent: None Matters were discussed relative to the financing of a project pursuant to Chapter 419 of the Iowa Code. Whereupon, Council Member Neuhauser introduced a resolution entitled "A Resolution authorizing the execution of a Memorandum of Agreement with Lenoch & Cilek, Inc." and moved its adoption; seconded by Council Member Lynch After due consideration of said resolution by the Council, the Mayor put the question on the motion and the roll being called, the following named Council Members voted: Ayes:Erdahl. Lynch, Neuhauser, Perret, Roberts, Vevera, Balmer Nays: None Whereupon, the Mayor declared said resolution duly adopted and approval was signed thereto. Upon motion and vote, the meeting adjourned. Mayor Attest: City Clerk (Seal) -1- 8ELIN. HARRIS. HELMICK & LOVRIEN. LAWYERS. DES MOINES. IOWA /7� 80-511 RESOLUTION A Resolution authorizing the execution of a Memorandum of Agreement with Lenoch & Cilek, Inc. WHEREAS, the City of Iowa City, Iowa, in the County of Johnson, State of Iowa (the "Issuer") is an incorporated municipality authorized and empowered by the provisions of Chapter 419 of the Code of Iowa, 1979, as amended (the "Act") to issue revenue bonds for the purpose of financing the cost of acquiring, by construction or purchase, land, buildings, improvements and equipment, or any interest therein, suitable for the use of commercial enterprises which the City Council of the Issuer as the governing body, finds is consistent with an urban renewal plan, adopted by the Issuer pursuant to Chapter 403 of the Code of Iowa: and WHEREAS, the Issuer has adopted an Urban Renewal Plan, Project No. Iowa R-14 (the "Urban Renewal Plan") for the Urban Renewal Area designated therein (the "Urban Renewal Area") and in furtherance of its efforts to carry out the Urban Renewal Plan the Issuer proposes to issue its revenue bonds pursuant to the Act for the purpose of financing certain improvements and equipment (the "Project") suitable for use by Lenoch & Cilek, Inc.,(the "Company") in its commercial enterprise, located within the Urban Renewal Area; and WHEREAS, a Memorandum of Agreement in the form and with the contents set forth in Exhibit A attached hereto, has been presented to the Issuer under the terms of which the Issuer agrees, subject to the provisions of such Agreement, to pursue proceedings necessary under the Act to issue its revenue bonds for such purpose; NOW, THEREFORE, BE IT RESOLVED by the City Council of the Issuer, as follows: Section 1. The Memorandum of Agreement in the form and with the contents set forth in Exhibit A attached hereto be and the same is hereby approved and the Mayor is hereby authorized to execute said Memorandum of Agreement and the Clerk is hereby authorized to attest the same and to affix the seal of the Issuer thereto, said Memorandum of Agreement which constitutes and is hereby made a part of this Resolution to be in substantially the form, text and containing the provisions set forth in Exhibit A attached hereto. Section 2. Officials of the Issuer are hereby authorized to take such further action as may be necessary to carry out the intent and purpose of the Memorandum of Agreement. -2- ISELIN. HARRIS. HELMICK & LCVRIEN. LAWYERS. IDES MOINES. IOWA Section 3. That all resolutions and parts thereof in conflil herewith are hereby repealed to the extent of such conflict. Passed and approved this 18th day of November 1980 Ma or Attest: City Clerk (seal) _3_ eELIN, HARRIS. HELMICK & LOVRIEN. LAWYERS. DES MOINES. IOWA / J fX/ EXHIBIT A MEMORANDUM OF AGREEMENT THIS MEMORANDUM OF AGREEMENT is between the City of Iowa City, Iowa, (the "Issuer") and Lenoch & Cilek, Inc. (the "Company"). 1. Preliminary Statement. Among the matters of mutual inducement which have resulted in the execution of this Agreement are the following: (a) The Issuer is authorized by Chapter 419 of the Code of Iowa, 1979, as amended (the "Act") to issue revenue bonds for the purpose of financing the cost of acquiring, by construction or purchase, land, buildings, improvements and equipment, or any interest therein, suitable for the use of commercial enterprises which the City Council of the Issuer as the governing body, finds is consistent with an urban renewal plan, adopted by the Issuer pursuant to Chapter 403 of the Code of Iowa. (b) The Issuer has adopted an Urban Renewal Plan, Project No. Iowa R-14 (the "Urban Renewal Plan") for the Urban Renewal Area designated therein (the "Urban Renewal Area") and in furtherance of its efforts to carry out the Urban Renewal Plan the Issuer proposes to issue its revenue bonds pursuant to the Act for the purpose of financing certain improvements and equipment (the "Project") suitable for use by Lenoch & Cilek, Inc. (the "Company") in its commercial enterprise, loacted within the Urban Renewal Area. (c) The Company wishes to obtain satisfactory assurance from the Issuer that subject to the public hearing required by the Act and upon reaching mutually acceptable terms regarding such bonds, such bonds will be issued by the Issuer in the aggregate principal amount not to exceed $150,000 sufficient to finance all or a portion, of the costs of the Project. (d) The Issuer considers that the undertaking of the Project and the financing of the same is consistent with the Urban Renewal Plan and will promote urban renewal, rehabilitation and redevelopment of the Issuer and will enhance the tax base of the Issuer, increase commerce within the Issuer and add to the welfare and prosperity of the Issuer and its citizens. 2. Undertakings on the Part of the Issuer. (a) The Issuer will begin the proceedings necessary to authorize the issuance of such bonds, in the aggregate principal amount not to exceed $150,000. -4- BELIN. HARRIS. HELMICK 6 HEARTNEY uw•EOS "I .,11NES 'Ow• (b) Subject to due compliance with all requirements of law, including the provisions of and the public hearing required by the Act and upon reaching mutually acceptable terms regarding such bonds, it will cooperate with the Company, in the issuance and sale of such bonds, and the proceeds from the issuance of such bonds shall be loaned to the Company upon terms sufficient to pay the principal of and interest and redemption premium, if any, on such bonds, as and when the same shall become due. 3. Undertakings on the Part of the Company. (a) It will use all reasonable efforts to cooperate with the Issuer and comply with the Act and all other provisions of law relating to the Project and the issuance and sale of such bonds. (b) It will enter into a Loan Agreement with the Issuer under the terms of which the Company will obligate itself to pay to the Issuer sums sufficient to pay the principal of and interest and redemption premium, if any, on such bonds as and when the same shall become due and payable. 4. General Provisions. (a) All commitments on the part of the Issuer and the Company herein are subject to the condition that on or before one year from the date hereof (or such other date as shall be mutually agreed to) the Issuer and the Company shall have agreed to mutually acceptable terms relating to the issuance and sale of such bonds. (b) Whether or not the events set forth in subsection (a) of this Section 4 take place within the time specified herein or any extension thereof, the Company agrees that it will reimburse the Issuer for all reasonable and necessary costs which the Issuer may incur arising from the execution of this Memorandum of Agreement and the performance or the preparation to perform its obligations hereunder, or done at the request of the Company. (c) All commitments of the Issuer hereunder are further subject to the conditions that the Issuer shall in no event incur any liability for any act or omission hereunder, and that such bonds described herein shall not constitute an indebtedness of the Issuer within the meaning of any constitutional or statutory provision and shall not constitute nor give rise to a pecuniary liability of the Issuer or a charge against its general credit or taxing powers. -5- 6ELIN. HARRIS. HELMICK 6 HEARiNEY L."r-S CES low♦ (d) It is expressly understood by both parties to this Agreement that its execution by the Issuer is intended both as an expression of the Issuer's current intention to proceed with the issuance of the Bonds and to constitute "some other similar official action" for purposes of the Treasury Regulations promulgated under Section 103 of the Internal Revenue Code of 1954, as amended. The execution of the Agreement by the Issuer is not intended to nor does it create a binding commitment of the Issuer to proceed with the issuance of the Bonds. It is further understood that the issuance of the Bonds is subject to further review by the City Council of the Issuer and is conditioned upon, among other things, full compliance with all provisions of the Industrial Revenue Bond Policy and Procedures for the Citv of Iowa Citv, Iowa. Dated this — day of 1 , 1980. Attest: Clerk / (Seal) (Seal) Nor\. -- Iow City, Iowa ayor Lenoch & Cilekk�, Inc. By -6- SEt-IN. HARRIS. HELMICK L MEAgiNEY lww�[g5 CCS �bv+ES IGw• /��/ State of Iowa County of Johnson SS: City of Iowa City I, the undersigned, do hereby certify that I am the duly appointed, qualified and acting City Clerk of the aforementioned City and that as such I have in my possession or have access to the complete official records of said City and of its Council and officers; and that I have carefully compared the transcript hereto attached with the aforesaid official records and that said transcript hereto attached is a true, correct and complete copy of all of the official records showing the action taken by the City Council of said City to authorize the execution of a Memorandum of Agreement by and between Lenoch & Cilek, Inc. and said City. WITNESS my hand and the seal of said City hereto affixed this 19th day of November , 1980. (Seal) City Clerk -7- SELIN, HARRIS. HELMICK & LOVRIEN, LAWYERS. OES MOINES. IOWA '(�/(,'/� // / The City Council of Iowa session on the 18th day of o'clock, P .m., at the Iowa. The meeting was called John R. Balmer , Mayor, in Council Members: Proceedings Fixing Date for Hearing Iowa City, Iowa November 18 1980 City, Iowa, met in formal November 1980, at 7:30 Civic Center , in Iowa City, to order and there were present the chair, and the following named Erdahl, Lynch, Neuhauser, Perrot, Roberts, Vevera Absent: None Matters were discussed concerning the issuance of Industrial Development Revenue Bonds. Whereupon, Council Member Neuhauser introduced a resolution entitled: "Resolution fixing a date for hearing on proposed Industrial Development Revenue Bonds (Lenoch & Cilek, Inc. Project)", and moved its adoption, seconded by Council Member Lynch After due consideration of the said resolution by the Council, the Mayor put the question upon the motion and the roll being called, the following named Council Members voted: Ayes: Erdahl, Lynch, Neuhauser, Perret, Roberts, Vevera, Balmer Nays: Absent: Whereupon, the Mayor declared the said resolution duly adopted and approval was signed thereto. on motion and vote, the meeting adjourned. Attest: .I City Clerk (Seal) i /ayor -1- SELIN. HARRIS. HELMICK & LOVRIEN, LAWYERS. DES MOINES. IOWA /y17 80-512 RESOLUTION Resolution fixing a date for hearing on proposed Industrial Development Revenue Bonds (Lenoch & Cilek, Inc. Project) WHEREAS, the City of Iowa City, in the County of Johnson, State of Iowa (the "Issuer"), is an incorporated municipality authorized and empowered by the provisions of Chapter 419 of the Code of Iowa, 1979, as amended (the "Act") to issue revenue bonds for the purpose of financing the cost of acquiring, by construction or purchase, land, buildings, improvements and equipment or any interest therein, suitable for the use of commercial enterprises which the City Council of the Issuer as the governing body, finds is consistent with an urban renewal plan, adopted by the Issuer pursuant to Chapter 403 of the Code of Iowa; and WHEREAS, the Issuer has adopted an Urban Renewal Plan, Project No. Iowa R-14 (the "Urban Renewal Plan") for the Urban Renewal Area designated therein (the "Urban Renewal Area") and in furtherance of its efforts to carry out the Urban Renewal Plan the Issuer proposes to issue its revenue bonds pursuant to the Act for the purpose of financing certain improvements and equipment (the "Project") suitable for use by Lenoch & Cilek, Inc. (the "Company") in its commercial enterprise, located within the Urban Renewal Area; and WHEREAS, it is proposed to finance all or a portion of the cost of the Project through the issuance of Industrial Development Revenue Bonds (Lenoch & Cilek, Inc. Project) of the Issuer in the aggregate principal amount not to exceed $150,000 (the "Bonds") and to loan said amount to the Company under a Loan Agreement between the Issuer and the Company upon mutually acceptable terms, the obligation of which will be sufficient to pay the principal of and redemption premium, if any, and interest on the Bonds as and when the same shall be due and payable, and WHEREAS, the Issuer considers that the undertaking of the Project and the financing of the same is consistent with the Urban Renewal Plan and will promote urban renewal, rehabilitation and redevelopment of the Issuer and will enhance the tax base of the Issuer, increase commerce within the Issuer and add to the welfare and prosperity of the Issuer. and its citizens; and WHEREAS, before the Bonds may be issued, it is necessary to conduct a public hearing on the proposal to issue the Bonds, all as required and provided for by Section 419.9 of the Act; NOW, THEREFORE, BE IT RESOLVED by the City Council of the Issuer, as follows: -2- BELIN, HARRIS. HELMICK & LOVRIEN. LAWYERS. DES MOINES. IOWA 1110 Section 1. This Council shall meet at the Civic Center in Iowa City, Iowa, on the 16th day of December 1980, at 7:30 o'clock, P.m., at which time and place a public hearing shall be held on the proposal to issue the Bonds referred to in the preamble hereof, at which hearing all local residents who appear shall be given an opportunity to express their views for or against the proposal to issue the Bonds. Section 2. The Clerk is hereby directed to give notice of intention to issue the Bonds, setting forth the amount and purpose thereof, the time when and place where the hearing will be held, by publication at least once not less than fifteen (15) days prior to the date fixed for the hearing, in the Iowa City Press -Citizen , a newspaper published and having a general circulation within the Issuer. The notice shall be in substantially the following form: -3- SELIN. HARRIS, HELMICK & LOVRIEN. LAWYERS. DES MOINES. IOWA ��� w NOTICE OF INTENTION TO ISSUE INDUSTRIAL DEVELOPMENT REVENUE BONDS (Lenoch & Cilek, Inc. Project) The City Council of the City of Iowa City, Iowa, (the "Issuer") will meet on the 16th day Of December , 1980, at Civic Center , in Iowa City, Iowa, at 7:30 o'clock, P .m., for the purpose of conducting a public hearing on the proposal to issue Industrial Development Revenue Bonds (Lenoch & Cilek, Inc. Project) of the Issuer, in the aggregate principal amount not to exceed $150,000 (the "Bonds"), and to loan said amount to Lenoch & Cilek, Inc. (the "Company"), an Iowa corporation, for the purpose of defraying all or a portion of the cost of certain improvements or equipment suitable for the use of its commercial enterprise consisting of a retail facility located within the Urban Renwal Area designated in the Issuer's Urban Renewal Plan, Project No. Iowa R-14. The Bonds, if issued, will be limited obligations and will not constitute general obligations of the Issuer nor will they be payable in any manner by taxation, but the Bonds will be payable solely and only from amounts received by the Issuer under a Loan Agreement between the Issuer and the Company, the obligation of which will be sufficient to pay the principal of and interest and redemption premium, if any on the Bonds as and when the same shall become due. At the time and place fixed for said public hearing all local residents who appear will be given an opportunity to express their views for or against the proposal to issue the Bonds, and at the hearing or any adjournment thereof, the Issuer shall adopt a resolution determining whether or not to proceed with the issuance of the Bonds. By order of the City Council, this 18thday of November , 1980. City Clerk -4- BELIN, HARRIS`. HELMICK & LOVRIEN, LAWYERS. DES MOINES, IOWA Section 3. All resolutions and parts thereof in conflict herewith are hereby repealed to the extent of such conflict. Passed and approved this 18th day of November , 1980. Attest: City Clerk (Seal) 11 /. 1-(- ,/ ihlayor -5- 6ELIN. HARRIS. HELMICK & LOVRIEN. LAWYERS. DES MOINES. IOWA / (f State of Iowa County of Johnson SS: City of Iowa City I, the undersigned, do hereby certify that I am the duly appointed, qualified and acting City Clerk of the aforementioned City, and that as such I have in my possession or have access to the official records of said City and of its officials and that I have compared the transcript hereto attached with the said official records and that the same constitutes a true and correct and complete copy of such official records showing the action taken by the Council of said City to set a date for a public hearing on the proposal to issue Industrial Development Revenue Bonds (Lenoch & Cilek, Inc. Project) in the aggregate principal amount not to exceed $150,000. WITNESS my official signature and the seal of said City this i J 1, day of ;ti r:r1)".- , 1980. (Seal) City Clerk / -6- 9ELIN, HARRIS, HELMICK & LOVRIEN, LAWYERS, DES MOINES, IOWA /�507- RESOLUTION NO. 80-513 RESOLUTION ACCEPTING GILBERT STREET IMPROVEMENTS WHEREAS, 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, storm sewer and all other incidentals for South Gilbert Street Improvement Project, as constructed by Metro Pavers, Inc., of Iowa City, Iowa. NOW THEIWORE HE IT RESOLVED by the City Cowzcil of Iowa City, Io,,*a, that said improvements be accepted by the City of Iowa City. It was mimed by Lynch and seconded by Vevera that the Resolution as read be accepted, and upon roll call there were: AYES: NAYS: ABSENT: BALMER x ERDAHL x LYNCH x NEUHAUSER x PERRET x ROBERTS x VEVERA x Passed and approved this 2 n d day of December 19 80. ATTEST: City Clerk 1tECEIVI9 &APPROVED Tib' /r ,.�� i CITY OF IOWA CITY CIVIC CENTER 410 E. WASHINGTON ST IOWA CITY IOWA 52240 (319) 354.1800 ENGINEER'S REPORT November 20, 1980 Honorable Mayor and City Council 410 E. Washington Street Iowa City, Iowa 52240 Dear Honorable Mayor and Councilpersons: I hereby certify that the construction of the improvements listed below have been completed in substantial accord with the plans and specifications of the Engineering Division of the City of Iowa City. Concrete paving, storm sewer and all other incidentals for South Gilbert Street Improvement Project, as constructed by Metro Pavers, Inc., Iowa City, Iowa. I hereby recommended that the above mentioned improvements be accepted by the City of Iowa City. Respectfully submitted, cv u �c/�"A' Charles J. S/chmadeke, P.E. City Engineer tp3/10 iV.T40 I .mu 485 n 15 CONTRACTOR: ` IOWA DEPARTMENT OF TRANSPORTAT__.. Highway Division CERTIFICATE OF COMPLETION AND FINAL ACCEPTANCE OF WORK Office of Construction/ Maintenance Metro Pavers, Inc. COUNTY: ADDRESS: 1722 Stevens Drive, Iowa City, IA PROJECT NO. SURETY: , ADDRESS: American Home Assurance Co. CONTRACT NO.: Pittsburgh, PA Contract Completion November 15 Dale if specified Johnson UST -M -4051(1)--8U-52 KIND OF WORK: P.C.C. Paving This is to certify that the work covered by the contract of Metro Pavers, Inc. on the above project, let August 14 consisting of 1.569 miles of P.C.C. paving .Ind located South Gilbert Street and Hi was completed on the 6th day of November 19 7,9 and dated December 19 86 in Iowa City, Iowa, Johnson County , 19 $q Contract amount $1,256,982.35 . 19 79 ACCEPTANCE OF WORK IS RECOMMENDED SignatyrerZSignature City l)IXLXRJiX%> nginesr Data District (Construction/Maintenanco)Engineer Date APPROVED AND WORK ACCEPTED ON BEHALF OF City Councl I ot lo—wa­-77—y— Johnson County this day of nonc-1, or FOR MAINTENANCE USE ONLY THE WORK AND TEST REPORTS HAVE BEEN REVIEWED. A PRICE ADJUSTMENT AS PROVIDED IN ARTICLE 1105.05 OF THE STANDARD SPECIFICATIONS, HAS BEEN MADE IN THE AMOUNT OF 52,070.14 ACCEPTANCE IS RECOMMENDED. Signature Signature Die tric[ Mal ntanamo Engineer Data District Materials Engineer Uate APPROVED AND WORK ACCEPTED BY THE IOWA DEPARTMENT OF TRANSPORTATION THIS day of , 19 Signature (Construction/Majntenance Enginaer) Iowa Department of Transportation FINAL PAYMENT WILL BE MADE IN ACCORDANCE WITH ARTICLE 1109.09 FOLLOWING A REVIEW OF THE PROJECT REPORTS AND SUBJECT TO THE PROVISIONS OF ARTICLE 1105.05. S,.;-X(S) conies of this form are required on all Federal Aid Projects. Five (5) copies on all Non -Federal Aid Projects. / (L ir�i DO NOT WRITE IN THIS BOX. CENTRAL OFFICE USE ONLY. (Check or initial) NOTE: On all farm to market projects, Copy to F.H.W.A. Copies to District C [lie signature of the County Engineer is required on those signature lines Recorded Acct. Copy to Surety C indicated by an asterisk (*). Recorded Const./Main. Original to Files C S,.;-X(S) conies of this form are required on all Federal Aid Projects. Five (5) copies on all Non -Federal Aid Projects. / (L ir�i RESOLUTION NO. 80-514 RESOLUTION ACCEPTING THE MRK FOR THE STURGIS FERRY BOAT RAMP WHEREAS, the Engineering Department has recommended that the im- provement covering the Sturgis Ferry Boat Ramp as included in a contract between the City of Iowa City and Sulzberger Excavating, Inc. of Muscatine, Iowa dated 'June 16, 1980 , be accepted, AND WHEREAS, the Council finds the improvement is in place and does comply with the requirements for such improvements, d AND WHEREAS, maintenance bonds have been filed, NOW THEREFORE, BE IT RESOLVED by the City Council of Iowa City, Iowa, that said improvements be hereby accepted by the City of Iowa City, Iowa. It was moved by Ly and seconded by Vevera c that the resolution as re a e adopted, and upon roll callere were: AYES: NAYS: ABSENT: Balmer x Erdahl x Lynch x Neuhauser x Perret x Roberts x Vevera x Passed and approved this 2nd day of December 19 80 Mayor ATTEST: City Clerk /,TWEIM 23 . PPROVED H'A LEGAI;D ARTMT // i stsL CITY OF 10\/VA CITY CIVIC CENTER 410 E. WASHINGTON ST. IOWA CITY IOWA 52240 (319) 354.1800 ENGINEER'S REPORT November 25, 1980 Honorable Mayor and City Council Iowa City Iowa Dear Honorable Mayor and Councilpersons: 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 City. The required maintenance bond is on file in the City Clerk's office. Sturgis Ferry Boat Ramp as constructed by Sulzberger Excavating, Inc. I hereby recommend that the above mentioned improvements be accepted by the City of Iowa City. Respectfully submitted, Charles J. Schmadeke, P.E. City Engineer bj2/5 /elS 7 ,t� /'� RESOLUTION NO. 80-515 RESOLUTION ACCEPTING THE MRK FOR THE WASHINGTON STREET BRIDGE DECK REPLACEMENT WHEREAS, the Engineering Department has recommended that the im- provement covering the Washington Street Bridge Deck Replacement as included in a contract between the City of Iowa City and Oliphant Engineering & Construction of Toddville, Iowa dated 'July 8, 1980 , be accepted, AND WHEREAS, the Council finds the improvement is in place and does comply with the requirements for such improvements, AND WHEREAS, maintenance bonds have been filed, NOW THEREFORE, BE IT RESOLVED by the City Council of Iowa City, Iowa, that said improvements be hereby accepted by the City of Iowa City, Iowa. It was moved by Lynch and seconded by Vevera that the resolution as ree aopt , and upon roll call there were: AYES: NAYS: ABSENT: Balmer x Erdahl x Lynch x Neuhauser x Perret x Roberts x Vevera x Passed and approved this 2nd day of December 1980 / / `byor ATTEST: City Clerk 42 iCLtS� CITY OF IOWA CITY CIVIC CENTER 410 E. WASHINGTON ST IOWA CITY IOWA 52240 (319) 354.18030 ENGINEER'S REPORT November 25, 1980 Honorable Mayor and City Council Iowa City Iowa Dear Honorable Mayor and Councilpersons: 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 City. The required maintenance bond is on file in the City Clerk's office. Washington Street Bridge Deck Replacement as constructed by Oliphant Engineering & Construction. I hereby recommend that the above mentioned improvements be accepted by the City of Iowa City. Respectfully submitted, Charles J. Schmadeke, P.E. City Engineer bj2/5 ,/stS /''-ems / 6� RESOLUTION NO. 80-516 RESOLUTION DECLARING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRES ISSUANCE OF CERTAIN TAXI -CAB CERTIFICATES. WHEREAS, pursuant to Ordinance No. 2844, a Certificate of Public Convenience and Necessity is required prior to the operation of any taxi- cab upon the streets of Iowa City, Iowa, and, WHEREAS, City Cab Company has made application for such Certificate, and, WHEREAS, a public hearing was held on the 2ndday of December 1980 , on the application, and, WHEREAS, council deems that the public convenience and necessity requires the issuance of such Certificate(s) to City Cab Company for the operation of tour taxi -cabs. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the City Clerk is authorized to issue a Certificate of Public Convenience and Necessity to City Cab Company for four taxi -cabs, pending applicant's compliance with all provisions of Ordinance No. 77-2844, as amended. 2. The Mayor is authorized to sign, and the City Clerk to attest, this Resolution. /V/0 a -2 - It was moved by Vevera and seconded by Perret that theResolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer rdahl x Lynch x Neuhauser x Perret x Roberts x Vevera Passed and approved this 2nd day of December 19 80 �J MAYOR ATTEST: ITY CLERK By The Lada: Daparrr.,-- .t / VAI RESOLUTION NO. Q • Yl RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CERTIFICATE OF COMPLETION FOR URBAN RENEWAL PARCEL 103-3 (CAPITOL STATES ASSOCIATES) WHEREAS, the City of Iowa City, Iowa, entered into a contract for Sale of Land for Private Redevelopment with Capitol States Associates, a joint venture, on November 29, 1978, for the following described property: All of Lot 5, Lot 6, and Lot of Outlot 23 of the Original County, Iowa. and, 7 in Block 103 of the Replat Town of Iowa City, Johnson WHEREAS, the improvements located on the above-described property called for in said Contract, including leasehold improvements, have been completed, and WHEREAS, the Director of Housing and Inspection Services of the City of Iowa City has certified that said improvements have been installed in a satisfactory manner; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the Mayor is hereby authorized to sign and the City Clerk to attest the attached Certificate of Completion, which is hereby made a part hereof. It was moved by r.r'p—t and seconded by euz.-J'a the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Balmer l Erdahl l Lynch Neuhauser _cx Perret Roberts Vevera Passed and approved this 1( day of ice,,4AY0 R t�''1980. z�r"K' 1. • ATTEST: CITY CLERK RECEIVED & APPROVED ffi ME LEGAL DEPARTMENT CERTIFICATE OF COMPLETION Pursuant to Section 305 of the Contract for Sale of Land for Private Redevelopment by and between Capitol States Associates, a joint venture, and the City of Iowa City, Iowa, dated November 29, 1978, I hereby certify that the City of Iowa City has caused the following described property to be inspected, on July 22, 1980, to -wit: All of Lot 5, Lot 6, and Lot 7 in Block 103 of the Replat of Outlot 23 of the Original Town of Iowa City, Johnson County, Iowa. The improvements located on the above-described property called for in said Contract have been completed. This certificate shall serve as conclusive determination of satisfaction and termination of the agreements and covenants in the agreement and in the deed with respect to the obligations of the redeveloper, its successors, and its assigns, to construct the improvements and the dates for beginning and completion thereof. Nothing contained herein shall be construed as a waiver of any codes or ordinances of the City, or any other lawful rules and regulations. Dated this %4 day of December, 1980. JOHN R. BALMER, MAYOR Com: ale Z«_ ..�'t-K/'� ABBIE STOLFUS, CITY CLERK PECEIV'_FD & t: i,.: 'FD M E T,EGB.L DLPAf TENT / SSG 3 STATE OF IOWA ) ) ss COUNTY OF JOHNSON ) On this ! day of December, 1980, before me, Yilnrian� r�r a Notary Public in and for said County of Johnson, State of Iowa, personally appeared John R. Balmer, known to me to be the Mayor, and Abbie Stolfus, known to me to be the City Clerk, of the the City of Iowa City, the municipal corporation that executed the within instrument, and acknowledged to me that said municipal corporation executed the same. In witness whereof, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. a�J 4 . `Tann ) NOTARY PUBLIC IN AND FOR JOHNSON COUNTY, STATE OF IOWA No. 15 $ 45,544.50 UNITED STATES OF AMERICA STATE OF IOWA CITY OF IOWA CITY 1979 BDI SECOND ADDITION IMPROVEMENTS CONSTRUCTION WARRANT This instrument is evidence that the City of Iowa City, Iowa, hereby promises to pay to Metro Pavers Of Iowa City, Towa , its successors or assigns, tttgym o£— 45,544.50 , with interest thereon at the rate of seven percent (78) per annum, until called for payment. Interest shall commence if this warrant is not paid upon presentation hereof. This Warrant is drawn on and payable solely from the 1979 BDI Second Addition Improvements Construction Fund, or any fund from which payment for such work may be made. This instrument is one of a series of similar instruments given in payment for street and sewer improvements designated as the 1979 BDI Second Addition Improvements, of said City, being constructed under contract dated July 5 , 19 79, and issued under authority of Section 384.57 of the City Code of Iowa. The City of Iowa City reserves the right to prepay the amount represented hereby at any time with accrued interest to the date of such payment. Both principal and interest of this Warrant are payable at the office of the City Treasurer or Financial Officer of the City of Iowa City, State of Iowa. IN WITNESS WHEREOF, the City of Iowa City has caused this instrument to be executed by its Mayor, and attested by its Clerk, with the seal of said City affixed as of the 10th day of November 19 80. TY OF IOWAC--OWA (SEAL) ATT 'S 1`:- Mayor i I ��) C erk r— This instrument.presented and not paid for want of funds this/<, -.day of%�2/,�i�� , 19 r Ci y TrePurer AHLERS. GOONEY. DORWEILER. HAYNIE S SMITH. LAWYERS. DES MOINES. IOWA /S[GS� Council Member Perret introduced the following Resolution entitled —'I�SOLUTION DIRECTING THE DELIVERY OF CONSTRUCTION WARRANTS IN PAYMENT OF CONTRACT", and moved its adoption. Council Member Vevera seconded the motion to adopt. The roll was called and the vote was, AYES: Roberts, Vevera, Balmer, Erdahl, ch, Perrot, NAYS: None Whereupon, the Mayor declared the following Resolution duly adopted: 80-518 RESOLUTION DIRECTING THE DELIVERY OF CONSTRUCTION WARRANTS IN PAYMENT OF CONTRACT WHEREAS, the Council of the City of Iowa City, Iowa, heretofore entered into contract for the construction of the 1979 BDI Second Addition Improvements, and in said contract provided that payment to the contractor or contractors, and others, would be made at the option of the City by the delivery of Construction Warrants issued pursuant to Section 384.57 the City Code of Iowa, bearing interest at seven percent (78) per annum; and WHEREAS, the following balances are owing in connection with the construction of said public improvements above referred to, and have been duly approved by the Project engineer with provisions for retaining not less than ten percent (10%) thereof, as required by Chapter 573, Code of Iowa, 1979, as amended, to -wit: TO: -2- AHLERS. COONEY. DORWEILER. HAYNIE & SMITH. LAWYERS. DES MOINES. IOWA and WHEREAS, the above firm or firms are now entitled to payment for said sums owing: NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: That the Mayor and Clerk are authorized and directed to execute and deliver to said above contractor or contractors, and others, Construction Warrants drawn on the 1979 BDI Second Addition Improvements Construction Fund, as follows: CONSTRUCTION WARRANT NO. TO DATE AMOUNT 15 Metra Pavers 11/10/80 $45,544.50 -3- AHLERS. COONEY. DORWEILER. HAYNIE 6 SMITH. LAWYERS. DES MOINES. IOWA PASSED AND APPROVED, this 2nd day of December 19 80-. — --- /Mayor ATTEST: - 1 Clerk (SEAL) -4- A HLERS. COONEY. DORWEILER. HHAYNIE 6 SMITH. LAWYERS. DES MOINES. IOWA i�'� r� 7": RESOLUTION NO. 80-519 A RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN THE JOHNSON COUNTY COUNCIL OF GOVERNMENTS, THE CITY OF IOWA CITY AND JOHNSON COUNTY IMPLEMENTING THE REORGANIZATION AND PROVIDING FOR THE DELIVERY OF PLANNING SERVICES BY THE JOHNSON COUNTY COUNCIL OF GOVERNMENTS. WHEREAS, it is in the mutual interests of the member agencies of the Johnson County Council of Governments to enter into an agreement implementing the reorganization and proving for the delivery of planning services by the Johnson County Council of Governments; and WHEREAS, Chapter 28E of the Code of Iowa, 1979, provides that any power exercisable by a public agency of this state may be exercised jointly with any other public agency of this state having such power. NOW, THEREFORE, BE IT RESOLVED BY the City Council of the City of Iowa City, Iowa that: 1. The Mayor be authorized to execute and the City Clerk to attest this agreement. 2. The City Clerk shall file the agreement with the Secretary of State and the Johnson County Recorder. It was moved by Perret and seconded by Vevera 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 2nd day of December 1980. /-M YOR ATTEST: CITY CLERK R'LCEIVE' & Ari' OTED 9 LEG5% Di PART ENT J44Z T RESOLUTION NO. 12-4-8( A RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN THE JOHNSON COUNTY COUNCIL OF GOVERNMENTS, THE CITY OF IOWA CITY AND JOHNSON COUNTY IMPLEMENTING THE REORGANIZATION A14D PROVIDING FOR THE DELIVERY OF PLANNING SERVICES BY THE JOHNSON COUNTY COUNCIL OF GOVERNMENTS. WHEREAS, it is in the mutual interests of the member agencies of the Johnson County Council of Governments to enter into an agreement implementing the reoganization and providing for the delivery of planning services by the Johnson County Council of Governments; and WHEREAS, Chapter 28E of the Code of Iowa, 1979, provides that any power exercisable by a public agency of this state may be exercised jointly with any other public agency of this state having such power. NOW. THEREFORE, BE IT RESOLVED BY the Board of Supervisors of Johnson County, Iowa, that: 1. The Chairman be authorized to execute and County Auditor to attest this agreement. 2. The County Auditor shall file the agreement with the Secretary of State and the Johnson County Recorder. Upon a motion by Shipton seconded by Shpr , passed adn approved this 4th day of December 1980. Cilek Nay Donnelly Aye Langenberg Ave Sehr Ave Shipton Ave ATTEST: Tcrh Slockett County Auditor IMill IMINI AIION AGRIIMINI This agreement is entered into by and between the Johnson County Council of Governments, hereinafter referred to as JCCOG, Johnson County, herein- after referred to as County, and the City of Iowa City, hereinafter - re f erry (I ereinafter• referred to Ci Ly. WIH REAS, LhP CuunLy, City and uLhor mombor aypncips of Lhv Johnson County Regional Planning Commission have agreed to the reorganization of said Commission and have approved the Amended Articles of Agreement of the Johnson County Council of Governments; and WHEREAS, it is in the mutual interests of the parties to enter into an agreement implementing the reorganization and providing for the delivery of planning %vrvireh by JCCOG; and Will RIAS, Chapter 781. of the Code ul Iowa, 1979, provides that any power exercisable by a public agency of this state may be exercised jointly with any other public agency of this state (raving such power. NOW, THEREFORE, BE IT AGREED BY AND BETWEEN THE CITY, THE COUNTY, AND JCCOG as follows: 1. STAFF INTEGRATION: A. All ,Lalf responsibilities, services and duties to be performed by or on behalf of JCCOG shall be performed solely by employees of the City or the County, pursuant to the provisions herein. B. The following employees of JCCOG shall become employees of the City upon a date to be determined by the City, not later than December 1, 1980: John Lundell, Transportation Planner; Pam Ramser, Human Services Planner; Barbara Murray, Community Assistance Coordinator; Paige Attwood, Graphics lechnician. the classification, title ancd compensation schpdulp for Lho afurpsaid employees shall be cdeLermitud by the City, subject to any necessary approval by employee organizations which -z - represent any of these employees. It is understood that these four employees shall receive compensation at a rate not less than their previous salary rate as employees of the Johnson County Regional Planning Commission. Said employees shall be entitled to all benefitn and shall comply with all rules and regulations established in the City's Personnel Rules and any appropriate collective bargaining agreement. Vacation and sick leave accruals earned by said employees while employed by JCCOG and its predecessor organization shall be transferred and credited to their status as City employees. The date on which City employment is conferred shall control the determination of seniority for purposes of civil service rights, the accrual of City benefits, and any collective bargaining agreement, subject to necessary negotiation and approval by any employee organization representing the employees. II. SCOPE OF SERVICES: A. In support of the function of JCCOG, the City shall provide the part time services of the following City staff members: Planning and Program Development Director, who shall serve as DirvcLur of Lhe JCCOG staff, Secretary, and Minute fdker. Personnel costs, including payroll taxes and benefits, for these positions shall be paid by the City. Administrative and support costs incurred for services performed by persons in these positions on behalf of JCCOG shall be charged to JCCOG, as provided below. B. In addition, the City shall provide to JCCOG the full-time services of a fransportation Planner, an Assistant. Transportation Planner, and a Community AssisLance CourdindLor, and the half-time services of a lechnic:al Assistant and a Human Services Planner. All personnel, administrative and support costs incurred for these positions will be paid from the JCCOG accounts, as provided below. C. In support of the function of JCCOG, the County shall provide the services of a Senior Planner to serve as the Division Head of the Rural Planning Division. It is agreed that the Senior Planner in addition shall continue to provide to the Board of Supervisors and the County Zoning Commission those services necessary for the application, review and processing of all zoning amendments and subdivision platting requests, and shall continue to serve as the Community Development Block Grant Program Administrator for the County. The Senior Planner shall remain a County employee and all personnel costs, including payroll taxes and benefits, shall be paid by the County. All administrative and support costs incurred by the Senior Planner shall be charged to JCCOG, as provided below. D. JCCOG shall provide to the County, City and other member agencies planning services consistent with Article III of its Amended Articles of Agreement, as directed by the JCCOG Board of Directors and Rural Policy Board. The duties and responsi- bilities assumed herein by the County and City shall be in addition to those established for the two members, pursuant to Article VII of the amended articles. III. ACCOUNTING SERVICES: A. As a repository for funds out of which disbursements shall be made, an accounting system for JCCOG shall be established by the City. Accounts for JCCOG shall be established within the City General Fund as follows: 1260.0 - JCCOG Fund; 1261.0 - Administration; 1262.0 - Transportation Planning; 1263.0 - Rural Planning; 1263.1 - Community Assistance; 1263.2 - Land Use Planning. Costs assessed to JCCOG shall be charged to the appropriate account. Monthly and quarterly tabulations of expenditures incurred by JCCOG shall be provided by the City. B. Liquid assets of the Johnson County Regional Planning Commission shall be transferred to a close-out account with the City, account #6532.0. From this account shall be paid Ac7A, -4 - outstanding encumbrances for expenditures incurred prior to the establishment of the accounting system with the City. At the end of FY81, the account shall be closed out and remaining funds transferred to the 1260.0 fund. A listing of amounts for items over $100.00 payable at the time of conversion shall be prepared. For all other assets an inventory shall be made and a value assigned to each item as a permanent record of the assets of JCCOG. Monies received for the disposition of items shall be deposited in the 1260.0 fund. IV. INDEMNIFICATION: 01 0 The parties to this Agreement hereby agree to mutually defend and indemnify each other, and their respective officers, employees, and agents, from any and all liability, loss, cost, damage and expense resulting from, arising out of, or incurred by reason of any claims, actions or, suits based upon the actions, policies, or directives of County and City employees while performing services pursuant to this agreement for JCCOG. DURATION: This Agreement shall become effective upon the acceptance and execution of the parties, and shall be in effect until June 30, 1981. This Agreement may be modified and extended by the written mutual consent of the parties. Dated this _ '`4 day of JOHNSON COUNTY BY: / V (Chairperson, Board of Supervisor ATTEST: �6rn County Auditor 1(47,3 -5 - Dated this 2nd day of December , 1980. CITY OF IOWA CITY ^-� .Mayor ATTEST: City Clerk Dated this 2nd day of December IVA ATTEST: •:1 RECEIVED & APPRO'VLD BY THE LEGAL DEPARTMENT xivj4�� RESOLUTION NO. 80-520 RESOLUTION ACCEPTING THE WORK FOR THE DOWNTOWN PARKING FACILITY PARKING RAMP A, BLOCK 83/84 WHEREAS, the Acting Director of Public Works has recommended that the construction of Parking Ramp A as included in a contract between the City of Iowa City and the Viggo M. Jensen Company of Coralville, Iowa, dated October 31, 1978, be accepted, AND WHEREAS, the Council finds the improvement is in place and does comply with the requirements for such improvements, NOW, THEREFORE, BE IT RESOLVED by the City Council of Iowa City, Iowa, that said improvements be hereby accepted by the City of Iowa City, Iowa. It was moved by Lynch and seconded by Vevera that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: BALMER x ERDAHL x LYNCH x NEUHAUSER x PERRET x ROBERTS x VEVERA x Passed and approved this 2nd day of December 7 MAYOR ATTEST: 4 i CITY CLERK ILkii)A RECEIVED & APPROVED BT LEGAL DE ARTIMT qui / d5 S ICe7.1r' CITY OF IOWA CITY CIVIC CENTER 410 E. WASHINGTON ST IOWA CITY IOWA 52240 (319) 354.1800 DIRECTOR'S REPORT NOVEMBER 3, 1980 Honorable Mayor and City Council Iowa City, Iowa Dear Honorable Mayor and Councilpersons: I hereby certify that the construction of parking ramp "A" has been completed in substantial accordance with its plans and specifications on file with the City. I hereby recommend that the above mentioned project be accepted by the City of Iowa City and that the contractor be paid in full. Respectful�)ysubmitted, K" �( ichael E. Kuch rzak Acting Director Department of Public Works tpl/4 07Y FesoLUPION ND. 80-521 RESOLUTION AOCEP'Pi% PAVING, STORM SEWER, AND SANITARY SEWER IN MACBR III WHEREAS, the Engineering Department has certified that the following improvanents have been completed in accordance with plans and specifications of the City of Iowa City, Paving for MacBride Addition Part III, in Iowa City, Iowa, as constructed by Metro Pavers, Inc. of Iowa City, Iowa. Storm sewer and sanitary sewer for MacBride Addition Part III, in Iowa City, Iowa, as constructed by Dave Schmitt Construction Company, Inc., of Cedar Rapids, Iowa. AND WHEREAS, Maintenance Bonds for improvements listed above are on file in the City Clerk's Office, NOW 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 P erre t and seconded by Roberts that the Resolution as read be accepted, and upon roll call there were: AYES: NAYS: ABSENT: BALMER x ERDAHL x LYNCH x NEUHAUSER x PERRET x ROBERTS x VEVERA x Passed and approved this 16th day of December , 19 80. ATTEST: Mayor City Clerk RECEIVED & APPROLED fl1 M LEGAL DEPARTI NT Z c1- Y -d ia77 CITY OF IOWA CITY CIVIC CENTER 410 E WASHINGTON ST IOWA CITY IOWA 52240 (319) 354-180D ENGINEER'S REPORT December 9, 1980 Honorable Mayor and City Council Iowa City Iowa Dear Honorable Mayor and Councilpersons: 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 City. The required maintenance bond is on file in the City Clerk's office. Paving for MacBride Addition, Part 3, as constructed by Metro Pavers, Inc. of Iowa City, Iowa. Sanitary sewer and storm sewer for MacBride Addition, Part 3, as constructed by Dave Schmitt Construction Co., Inc. of Cedar Rapids, Iowa. I hereby recommend that the above mentioned improvements be accepted by the City of Iowa City. Respectfully su bmitted, Charles J. adeke, P.E. City Engineer bjl/14 / 547f el RESOLUTION NO. 8 0- 5 2 2 RESOLUTION AOZEPTING PAVING & STORM SEWER IN RESUBDIVISION OF PORTIONS OF BLOCKS 5 & 6 OF BR CENTER, PARTS 1 & 2 WHEREAS, the Engineering Department has certified that the follaaing irrprovements have been completed in accordance with plans and specifications of the City of Iowa City, Paving for Resubdivision of Portions of Blocks 5 & 6 of Braverman Center, Parts 1 & 2, in Iowa City, Iowa, as constructed by Metro Pavers, Inc. of Iowa City, Iowa. Storm sewer for Resubdivision of Portions of Blocks 5 & 6 of Braverman Center, Parts 1 & 2, in Iowa City, Iowa, as constructed by Weber Brothers of Mechanicsville, Iowa. AND WHEREAS, Maintenance Bonds for improvements listed above are on file in the City Clerk's Office, NCW THEREFORE BE IT RESOLVED by the City Council of Iowa City, Iowa, that said improvements be accepted by the City of Iowa City. It was nrrved by Perret and seconded by Roberts that the Resolution as read be accepted, and upon roll call there were: AYES: NAYS: ABSENT: BALMER x ERDAHL x LYNCH x NEUHAUSER x PERRET x ROBERTS x VEVERA x Passed and approved this 16th day of December 19 80 , -/-, LL :_ a � Mayor ATTEST: City Clerk i r' XTaCF,?`7r:D & ikI`ROVIED D7, ��ra s�'�arI�1T CITY OF IOWA CITY CIVIC CEN(ER 410 E. WASHINGTON ST. IOWA CITY IOWA 52240 (319) 354180D ENGINEER'S REPORT December 9, 1980 Honorable Mayor and City Council Iowa City Iowa Dear Honorable Mayor and Councilpersons: 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 City. The required maintenance bond is on file in the City Clerk's office. Paving for Resubdivision of Portions of Blocks 5 and 6 of Braverman Center, Parts 1 and 2, as constructed by Metro Pavers, Inc. of Iowa City, Iowa. Storm sewer for resubdivision of portions of Blocks 5 and 6 of Braverman Center, Parts 1 and 2, as constructed by Weber Brothers of Mechanicsville, Iowa. I hereby recommend that the above mentioned improvements be accepted by the City of Iowa City. Respectfully submitted, Charles J. Schmadeke, P. E. City Engineer bjl/15 /�zfo RESOLUTION NO. 80-523 RESOLUTION ACCEPTING GRADING, SEWER AND ALL OTHER INCIDENTALS FOR THE SOUTH BRANCH DETENTION STRUCTURE WHEREAS, the Engineering Department has certified that the following improvements have been completed in accordance with plans and specifications of the City of Iowa City, Grading, sewer and all other incidentals for the South Branch Detention Structure, as constructed by Gee Grading and Excavating, Inc., of Cedar Rapids, Iowa. AND WHEREAS, Maintenance Bowls for Gee Grading & Excavating are on file in the City Clerk's office, NOW THEREFORE BE IT RESMVED by the City Council of Iowa City, Iowa, that said improvements 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: BALMER x ERDAHL x LYNCH x NEUHAUSER x PERRET x ROBERTS x VEVERA x paste and approrved this 16th day of De/cce/mber/ lg 80 Mayor ATTEST: G ` l u. y C i C //u� , �L� Iw'" 4n I)j"l'ii7'la City Clerk /Y CITY OF IOWA CITY CIVIC CENTER 410 E. WASHINGTON ST IOWA CITY IOWA 52240 (319) 354.180D ENGINEER'S REPORT December 10, 1980 Honorable Mayor and City Council Iowa City Iowa Dear Honorable Mayor and Councilpersons: I hereby certify that the construction of the improvements listed below have been completed in substantial accord with the plans and specifications of the Engineering Division of the City of Iowa City. Grading, sewer and all other incidentals for the South Branch Detention Structure, as constructed by Gee Grading and Excavating, Inc., of Cedar Rapids, Iowa. I hereby recommend that the above mentioned improvements be accepted by the City of Iowa City. Respectfully submitted, LiG ..0 /Schmadeke, Charles J. P.E. City Engineer CJS/jp /��z -', Proceedings to Proceed With Issuance and sale Iowa City, Iowa December 16 , 1980 The City Council of Iowa City, Iowa, met in reaular session on the 16th day of December , 1980, at 7;30 o'clock m., n the City pursuant to law and � tO t'he rules o sa ounc a meeting was called to order and there were present John R. Balmer Mayor, in the Chair, and the following named Council Members: Erdahl, Lynch, Perret, Roberts, Vevera Absent: Neuhauser The City Council investigated and found that notice of intention to issue Industrial Development Revenue Bonds (Michael J's Inc. Project) in an aggregate principal amount not to exceed $175,000 had, as directed by the City Council, been duly given according to law. This being the time and place specified in the notice for the conduct of a public hearing on the proposal to issue such Bonds, the Mayor announced that all local residents attending the hearing would now be given an opportunity to express their views for or against the proposal to issue the Bonds. The following local residents attending the hearing expressed their views as follows: -1- MCI w ueooic ucI \AICV ■. uceorucv i nwvcoc ncn uromcc Inwe A40 0 After all local residents who appeared at the hearing who desired to do so had expressed their views for or against the proposal to issue the Bonds, Council Member Vevera introduced a Resolution entitled: "Resolution to Proceed With the Issuance and Sale of Industrial Development Revenue Bonds (Michael J's Inc. Project) in an aggregate principal amount not to exceed $175,000" and moved its adoption, seconded by Council Member Lynch After due consideration of said Resolution by the Council, the Mayor• put the question on the motion and upon the roll being called, the following named Council Members voted: Ayes: Erdahl, Lynch, Perret, Roberts, Vevera, Balmer Nays: None Whereupon, the Mayor declared said Resolution duly adopted and approval was signed thereto. Upon motion and vote the meeting adjourned. mayor Attes : City Clerk " (Seal) -2- HFUN. NARRIR NF1.611111( A NFARTNCv 1 Awveoe nee unluea Inwe /tIf y RESOLUTION 80-524 Resolution to Proceed with the Issuance and Sale of Industrial Development Revenue Bonds (Michael J's Inc. Project) in an aggregate principal amount not to exceed $175,000" WHEREAS, the City of Iowa City, Iowa, in the County of Johnson, State of Iowa (the "Issuer") is an incorporated municipality authorized and empowered by the provisions of Chapter 419 of the Code of Iowa, 1979, as amended (the "Act") to issue revenue bonds for the purpose of financing the cost of acquiring, by construction or purchase, land, buildings, improvements and equipment, or any interest therein, suitable for the use of commercial enterprises which the City Council of the Issuer as the governing body, finds is consistent with an urban renewal plan, adopted by the Issuer pursuant to Chapter 403 of the Code of Iowa; and WHEREAS, the Issuer has adopted an Urban Renewal Plan, Project No. Iowa R-14 (the "Urban Renewal Plan") for the Urban Renewal Area designated therein (the "Urban Renewal Area") and in furtherance of its efforts to carry out the Urban Renewal Plan the Issuer has been requested by Michael J's Inc. (the "Company") to issue its industrial development revenue bonds to finance certain improvements and equipment (the "Project") suitable for use by the Company in its commercial enterprise to be located within the Urban Renewal Area of the Issuer, which will employ substantial numbers of people from and near the Issuer with the resulting increased employment, substantial payrolls and other public benefits flowing therefrom; and WHEREAS, it is proposed to finance all or a portion of the cost of the Project through the issuance of Industrial Development Revenue Bonds (Michael J's Inc. Project) of the -Issuer in an aggregate principal amount not to exceed $175,000 (the "Bonds") and to loan said amount to the Company under a Loan Agreement between the Issuer and the Company upon mutually agreeable terms, the obligation of which will be sufficient to pay the principal of and interest and redemption premium, if any, on the Bonds, as and when the same shall be due; and , WHEREAS, notice of intention to issue the Bonds has, as directed by the City Council of the Issuer, been duly given in compliance with the Act; and WHEREAS, a public hearing has been held on the proposal to issue the Bonds at the time and place as specified in said notice and all objections or other comments relating to the issuance of the,Bonde have been heard; NOW, THEREFORE, BE IT RESOLVED by the City Council of the Issuer, as follows: -3- eELIN. HARRIS. HELMICK 6 HEAR7NEV. LAWYERS. CER MCINFA IOWA / T O Section 1. It is hereby determined that the undertaking of the Project and the financing of the same is consistent with the Urban Renewal Plan and will promote urban renewal, rehabilitation and redevelopment of the Issuer, and will enhance the tax base of the Issuer, increase commerce within the issuer and add to the welfare and prosperity of the Issuer and its citizens. Section 2. It is hereby determined it is necessary and advisable that the Issuer proceed with the issuance and sale of the Bonds as authorized and permitted by the Act to finance all or a portion of the cost of the Project, and such actions will be taken by the Issuer as may be required pursuant to the provisions of the Act to authorize, issue and sell the Bonds upon receiving reasonable advance notice and upon reaching mutually acceptable terms with the Company regarding such Bonds. Section 3. The Issuer will enter into all agreements prepared by Bond Counsel which are necessary to be entered into by the Issuer in connection with the issuance and sale of the Bonds. Prior to execution of said agreements by the Issuer all other parties, including the City Attorney and the Issuer's Bond Counsel shall approve all agreements to be entered into in connection with the issuance of the Bonds and such agreements shall be authorized and approved after due consideration by this Council prior to their execution by the Issuer. Section 4. The Mayor, the City Clerk and the City Attorney are hereby authorized and directed to do any and all things deemed necessary in order to effect the accomplishment of the Project and the issuance and sale of the Bonds. Section 5. All resolutions and parts thereof in conflict herewith are hereby repealed to the extent of such conflict. Section 6. This Resolution shall become effective immediately upon its passage and approval. Passed and approved this 16th day of December . 1980. yor Attest: Ii , -- City Clerk (Seal) eELIN, HARRIS, HELMICK 6 HEARTNEY. LAWYERS, DES MOINES. IOWA 11186 State of Iowa County of Johnson SS: City of Iowa City I, the undersigned, do hereby depose and certify that I am the duly appointed, qualified and acting City Clerk of the aforementioned City and that as such I have in my possession or have access to the complete corporate records of said City and of its Council and officers; that I have carefully compared the transcript hereto attached with the aforesaid corporate records; and that said transcript hereto attached is a true, correct and complete copy of all the corporate records in relation to the adoption of the Resolution to Proceed with the Issuance and Sale of Industrial Development Revenue Bonds (Michael J's Inc. Project) in an aggregate principal amount not to exceed $175,000. WITNESS my hand and the corporate seal of said City hereto affixed this 16th day of December 1 1980. (Seal) City Clerk -5- BELIN, HARRIS, HELMICK S HEARTNEY, LAWYERS, DES MOINES, IOWA /'/,* Proceedings to Proceed With Issuance and Sale Iowa City, Iowa December 16 , 1980 The City Council of Iowa City, Iowa, met in regular session on the 16th day of December 1980, at 7:30 o'clock P ._ m at the Civic Center in the City pursuant to law and to the rules of said Council. The meeting was called to order and there were present John R. Balmer Mayor, in the Chair, and the following named council Members: Erdahl, Lynch, Perret, Roberts, Vevera Absent: Neuhauser The City Council investigated and found that notice of intention to issue Industrial Development Revenue Bonds (Mark Henri Ltd. of Iowa City Project) in an aggregate principal amount not to exceed $175,000 had, as directed by the City Council, been duly given according to law. This being the time and place specified in the notice for the conduct of a public hearing on the proposal to issue such Bonds, the Mayor announced that all local residents attending the hearing would now be given an opportunity to express their views for or against the proposal to issue the Bonds. The following local residents attending the hearing expressed their views as follows: -1- BELIN, HARRIS, HELMICK & HEARTNEY, LAWYERS, DES MOINES. IOWA/� 1 a After all local residents who appeared at the hearing who desired to do so had expressed their views for or against the proposal to issue the Bonds, Council Member Vevera introduced a Resolution entitled: "Resolution to Proceed With the Issuance and Sale of Industrial Development Revenue Bonds (Mark Henri Ltd. of Iowa City Project) in an aggregate principal amount not to exceed $175,000" and moved its adoption, seconded by Council Member Lvnch After due consideration of said Resolution by the Council, the Mayor put the question on the motion and upon the roll being called, the following named Council Members voted: Ayes: Erdahl, Lynch, Perret, Roberts, Vevera, Balmer Nays: None Whereupon, the Mayor declared said Resolution duly adopted and approval was signed thereto. Upon motion and vote the meeting adjourned. / ayor - Attest: City Clerk' (Seal) -2- BELIN, HARRIS, HELMICK & HEARTNEY, LAWYERS, DES MOINES, IOWA / i (f / RESOLUTION 80-525 Resolution to Proceed with the Issuance and Sale of Industrial Development Revenue Bonds (Mark Henri Ltd. of Iowa City Project) in an aggregate principal amount not to exceed $175,000" WHEREAS, the City of Iowa City, Iowa, in the County of Johnson, State of Iowa (the "Issuer") is an incorporated municipality authorized and empowered by the provisions of Chapter 419 of the Code of Iowa, 1979, as amended (the "Act") to issue revenue bonds for the purpose of financing the cost of acquiring, by construction or purchase, land, buildings, improvements and equipment, or any interest therein, suitable for the use of commercial enterprises which the City Council of the Issuer as the governing body, finds is consistent with an urban renewal plan, adopted by the Issuer pursuant to Chapter 403 of the Code of Iowa; and WHEREAS, the Issuer has adopted an Urban Renewal Plan, Project No. Iowa R-14 (the "Urban Renewal Plan") for the Urban Renewal Area designated therein (the "Urban Renewal Area") and in furtherance of its efforts to carry out the Urban Renewal Plan the Issuer has been- requested een-requested by Mark Henri Ltd. of Iowa City (the "Company") to issue its industrial development revenue bonds to finance certain improvements and equipment (the "Project") suitable for use by the Company in its commercial enterprise to be located within the Urban Renewal Area of the Issuer, which will employ substantial numbers of people from and near the Issuer with the resulting increased employment, substantial payrolls and other public benefits flowing therefrom; and WHEREAS, it is proposed to finance all or a portion of the cost of the Project through the issuance of Industrial Development Revenue Bonds (Mark Henri Ltd. of Iowa City Project) of the Issuer in an aggregate principal amount not to exceed $175,000 (the "Bonds") and to loan said amount to the Company under a Loan Agreement between the Issuer and the Company upon mutually agreeable terms, the obligation of which will be sufficient to pay the principal of and interest and redemption premium, if any, on the Bonds, as and when the same shall be due; and WHEREAS, notice of intention to issue the Bonds has, as directed by the City Council of the Issuer, been duly given in compliance with the Act; and WHEREAS, a public hearing has been held on the proposal to issue the Bonds at the time and place as specified in said notice and all objections or other comments relating to the issuance of the Bonds have been heard; NOW, THEREFORE, BE IT RESOLVED by the City Council of the Issuer, as follows: -3- BELIN, HARRIS, HELMICK 8 HEARTNEY, LAWYERS, DES MOINES, IOWA /I/"D Section 1. It is hereby determined that the undertaking of the Project and the financing of the same is consistent with the Urban Renewal Plan and will promote urban renewal, rehabilitation and redevelopment of the Issuer, and will enhance the tax base of the Issuer, increase commerce within the Issuer and add to the welfare and prosperity of the Issuer and its citizens. Section 2. It is hereby determined it is necessary and advisable that the Issuer proceed with the issuance and sale of the Bonds as authorized and permitted by the Act to finance all or a portion of the cost of the Project, and such actions will be taken by the Issuer as may be required pursuant to the provisions of the Act to authorize, issue and sell the Bonds upon receiving reasonable advance notice and upon reaching mutually acceptable terms with the Company regarding such Bonds. Section 3. The Issuer will enter into all agreements prepared by Bond Counsel which are necessary to be entered into by the Issuer in connection with the issuance and sale of the Bonds. Prior to execution of said agreements by the Issuer all other parties, including the City Attorney and the Issuer's Bond Counsel shall approve all agreements to be entered into in connection with the issuance of the Bonds and such agreements shall be authorized and approved after due consideration by this Council prior to their execution by the Issuer. Section 4. The Mayor, the City Clerk and the City Attorney are hereby authorized and directed to do any and all things deemed necessary in order to effect the accomplishment of the Project and the issuance and sale of the Bonds. Section 5. All resolutions and parts thereof in conflict herewith are hereby repealed to the extent of such conflict. Section 6. This Resolution shall become effective immediately upon its passage and approval. Passed and approved this Attgst: City Clerk i! (Seal) 16th day of December , 1980. r Mayor QM BELIN, HARRIS, HELMICK & HEARTNEY, LAWYERS, DES MOINES, IOWA /� / / State of Iowa County of Johnson SS: City of Iowa City I, the undersigned, do hereby depose and certify that I am the duly appointed, qualified and acting City Clerk of the aforementioned City and that as such I have in my possession or have access to the complete corporate records of said City and of its Council and officers; that I have carefully compared the transcript hereto attached with the aforesaid corporate records; and that said transcript hereto attached is a true, correct and complete copy of all the corporate records in relation to the adoption of the Resolution to Proceed with the Issuance and Sale of Industrial Development Revenue Bonds (Mark Henri tdd f Iowa Cit in an aggregate principal amount not to exceed 17,800. WITNESS my hand and the corporate seal of said City hereto affixed this 16th day of December , 1980. (Seal) ) Lz) tip, City Clerk Z. -5- SELIN, HARRIS, HELMICK & HEARTNEY, LAWYERS, DES MOINES, IOWA Proceedings to Proceed With Issuance and Sale Iowa City, Iowa December 16 , 1980 The City Council of Iowa City, Iowa, met in regular session on the 16th day of December , 1980, at 7:3D o'clock _P •111• , at the Citic Center in the City pursuant to law and to the rules 3T Rid Council. The meeting was called to order and there were present John R. Balmer Mayor, in the Chair, and the following named Council Members: Erdahl. Lynch. Perret, Roberts, Vevera Absent: Neuhauser The City Council investigated and found that notice of intention to issue Industrial Development Revenue Bonds (Rosja, Ltd. Project) in an aggregate principal amount not to exceed $70,000 had, as directed by the City Council, been duly given according to law. This being the time and place specified in the notice for the conduct of a public hearing on the proposal to issue such Bonds, the Mayor announced that all local residents attending the hearing would now be given an opportunity to express their views for or against the proposal to issue the Bonds. The following local residents attending the hearing expressed their views as follows: -1- SELIN, HARRIS, HELMICK 8 HEARTNEY, LAWYERS. DES MOINES, IOWA IZI93 After all local residents who to do so had expressed their views the Bonds, Council Member Vevera entitled: appeared at _.._ hearing who desired for or against the proposal to issue introduced a Resolution "Resolution to Proceed With the Issuance and Sale of Industrial Development Revenue Bonds (Rosja, Ltd. Project) in an aggregate principal amount not to exceed $70,000" and moved its adoption, seconded by Council Member Lynch After due consideration of said Resolution by the Council, the Mayor put the question on the motion and upon the roll being called, the following named Council Members voted: Ayes: Erdahl, Lynch, Perret, Roberts,• Vevera, Balmer Nays: None Whereupon, the Mayor declared said Resolution duly adopted and approval was signed thereto. Upon motion and vote the meeting adjourned. Attest: / City Clerk (Seal) -2- BELIN, HARRIS, HELMICK & HEARTNEY, LAWYERS, DES MOINES, IOWA ///f# RESOLUTION 80-526 Resolution to Proceed with the Issuance and Sale of Industrial Development Revenue Bonds (Rosja, Ltd. Project) in an aggregate principal amount not to exceed $70,000" WHEREAS, the City of Iowa City, Iowa, in the County of Johnson, State of Iowa (the "Issuer") is an incorporated municipality authorized and empowered by the provisions of Chapter 419 of the Code of Iowa, 1979, as amended (the "Act") to issue revenue bonds for the purpose of financing the cost of acquiring, by construction or purchase, land, buildings, improvements and equipment, or any interest therein, suitable for the use of commercial enterprises which the City Council of the Issuer as the governing body, finds is consistent with an urban renewal plan, adopted by the Issuer pursuant to Chapter 403 of the Code of Iowa; and WHEREAS, the Issuer has adopted an Urban Renewal Plan, Project No. Iowa R-14 (the "Urban Renewal Plan") for the Urban Renewal Area designated therein (the "Urban Renewal Area") and in furtherance of its efforts to carry out the Urban Renewal Plan the Issuer has been requested by Rosja, Ltd. (the "Company") to issue its industrial development revenue bonds to finance certain improvements and equipment (the "Project") suitable for use by the Company in its commercial enterprise to be located within the Urban Renewal Area of the Issuer, which will employ substantial numbers of people from and near the Issuer with the resulting increased employment, substantial payrolls and other public benefits flowing therefrom; and WHEREAS, it is proposed to finance all or a portion of the cost of the Project through the issuance of Industrial Development Revenue Bonds (Rosja, Ltd. Project) of the Issuer in an aggregate principal amount not to exceed $70,000 (the "Bonds") and to loan said amount to the Company under a Loan Agreement between the Issuer and the Company upon mutually agreeable terms, the obligation of which will be sufficient to pay the principal of and interest and redemption premium, if any, on the Bonds, as and when the same shall be due; and . WHEREAS, notice of intention to issue the Bonds has, as directed by the City Council of the Issuer, been duly given in compliance with the Act; and WHEREAS, a public hearing has been held on the proposal to issue the Bonds at the time and place as specified in said notice and all objections or other comments relating to the issuance of the.Bonds have been heard; NOW, THEREFORE, BE IT RESOLVED by the City Council of the Issuer, as follows: -3- BELIN, HARRIS, HELMICK & HEARTNEY, LAWYERS, DES MOINES, IOWA / / I sf Section 1. It is hereby determined that the undertaking of the Project and the financing of the same is consistent with the Urban Renewal Plan and will promote urban renewal, rehabilitation and redevelopment of the Issuer, and will enhance the tax base of the Issuer, increase commerce within the Issuer and add to the welfare and prosperity of the Issuer and its citizens. Section 2. It is hereby determined it is necessary and advisable that the Issuer proceed with the issuance and sale of the Bonds as authorized and permitted by the Act to finance all or a portion of the cost of the Project, and such actions will be taken by the Issuer as may be required pursuant to the provisions of the Act to authorize, issue and sell the Bonds upon receiving reasonable advance notice and upon reaching mutually acceptable terms with the Company regarding such Bonds. Section 3. The Issuer will enter into all agreements prepared by Bond Counsel which are necessary to be entered into by the Issuer in connection with the issuance and sale of the Bonds. Prior to execution of said agreements by the Issuer all other parties, including the City Attorney and the Issuer's Bond Counsel shall approve all agreements to be entered into in connection with the issuance of the Bonds and such agreements shall be authorized and approved after due consideration by this Council prior to their execution by the Issuer. Section 4. The Mayor, the City Clerk and the City Attorney are hereby authorized and directed to do any and all things deemed necessary in order to effect the accomplishment of the Project and the issuance and sale of the Bonds. Section 5. All resolutions and parts thereof in conflict herewith are hereby repealed to the extent of such conflict. Section 6. This Resolution shall become effective immediately upon its passage and approval. Passed and approved this 16th day of December 1980. -` 'Mayor Attest: City Clerk (Seal) BELIN, HARRIS, HELMICK & HEARTNEY, LAWYERS, DES MOINES, IOWA /�9(j State of Iowa County of Johnson SS: City of Iowa City I, the undersigned, do hereby depose and certify that I am the duly appointed, qualified and acting City Clerk of the aforementioned City and that as such I have in my possession or have access to the complete corporate records of said City and of its Council and officers; that I have carefully compared the transcript hereto attached with the aforesaid corporate records; and that said transcript hereto attached is a true, correct and complete copy of all the corporate records in relation to the adoption of the Resolution to Proceed with the Issuance and Sale of Industrial Development Revenue Bonds (Rosja, Ltd. Project) in an aggregate principal amount not to exceed $70,000. WITNESS my hand this 16th day of (Seal) and the corporate seal of said City hereto affixed December 1980. City Clerk -5- BELIN, HARRIS, HELMICK & HEARTNEY, LAWYERS, DES MOINES, IOWA / Proceedings to Proceed With Issuance and Sale Iowa City, Iowa December 16 1980 The City Council of Iowa City, Iowa, met in regular session on the 1(,th day of _December , 1980, at 7:30 o'clock F, at theCivic Center in the City pursuant to law and to the rules of said Council. The meeting was called to order and there were present John R. Balmer Mayor, in the Chair, and the following named Council Members: Rrdahl, Lynch, Perret, Roberts, Vevera Absent: Neuhauser The City Council investigated and found that notice of intention to issue Industrial Development Revenue Bonds (Cards et cetera, Ltd. Project) in an aggregate principal amount not to exceed $100,000 had, as directed by the City Council, been duly given according to law. This being the time and place specified in the notice for the conduct of a public hearing on the proposal to issue such Bonds, the Mayor announced that all local residents attending the hearing would now be given an opportunity to express their views for or against the proposal to issue the Bonds. The following local residents attending the hearing expressed their views as follows: -1- BELIN, HARRIS, HELMICK & HEARTNEY, LAWYERS, DES MOINES, IOWA [T i/ After all local residents who appeared at hearing who desired to do so had expressed their views for or against the proposal to issue the Bonds, Council Member Vevera introduced a Resolution entitled: "Resolution to Proceed With the Issuance and Sale of Industrial Development Revenue Bonds (Cards et cetera, Ltd. Project) in an aggregate principal amount not to exceed $100,000" and moved its adoption, seconded by Council Member Lynch After due consideration of said Resolution by the Council, the Mayor put Lhe question on the motion and upon the roll being called, the following named Council Members voted: Ayes: Erdahl, Lynch, Perret, Roberts, Vevera, Balmer Nays: None Whereupon, the Mayor declared said Resolution duly adopted and approval was signed thereto. Upon motion and vote the meetinq adjourned. Attest: City Clerk G (Seal) yor -2- BELIN, HARRIS, HELMICK & HEARTNEY, LAWYERS, DES MOINES, IOWA 1peff RESOLUTION 80-527 Resolution to Proceed with the Issuance and Sale of Industrial Development Revenue Bonds (Cards et cetera, Ltd. Project) in an aggregate principal amount not to exceed $100,000" WHEREAS, the City of Iowa City, Iowa, in the County of Johnson, State of Iowa (the "Issuer") is an incorporated municipality authorized and empowered by the provisions of Chapter 419 of the Code of Iowa, 1979, as amended (the "Act") to issue revenue bonds for the purpose of financing the cost of acquiring, by construction or purchase, land, buildings, improvements and equipment, or any interest therein, suitable for the use of commercial enterprises which the City Council of the Issuer as the governing body, finds is consistent with an urban renewal plan, adopted by the Issuer pursuant to Chapter 403 of the Code of Iowa; and WHEREAS, the Issuer has adopted an Urban Renewal Plan, Project No. Iowa R-14 (the "Urban Renewal Plan") for the Urban Renewal Area desiqnated therein (the "Urban Renewal Area") and in furtherance of its efforts to carry out the Urban Renewal Plan the Issuer has been requested by Cards et cetera, Ltd. (the "Company") to issue its industrial development revenue bonds to finance certain improvements and equipment (the "Project") suitable for use by the Company in its commercial enterprise to be located within the Urban Renewal Area of the Issuer, which will employ substantial numbers of people from and near the Issuer with the resulting increased employment, substantial payrolls and other public benefits flowing therefrom; and WHEREAS, it is proposed to finance all or a portion of the cost of the Project through the issuance of Industrial Development Revenue Bonds (Cards et cetera, Ltd. Project) of the Issuer in an aggregate principal amount not to exceed $100,000 (the "Bonds") and to loan said amount to the Company under a Loan Agreement between the Issuer and the Company upon mutually agreeable terms, the obligation of which will be sufficient to pay the principal of and interest and redemption premium, if any, on the Bonds, as and when the same shall be due; and WHEREAS, notice of intention to issue the Bonds has, as directed by the City Council of the Issuer, been duly given in compliance with the Act; and WHEREAS, a public hearing has been held on the proposal to issue the Bonds at the time and place as specified in said notice and all objections or other comments relating to the issuance of the Bonds have been heard; NOW, THEREFORE, BE IT RESOLVED by the City Council of the Issuer, as follows: -3- BELIN, HARRIS, HELMICK 8 HEARTNEY, LAWYERS, DES MOINES, IOWA Section 1. It is hereby determined that trre undertaking of the Project and the financing of the same is consistent with the Urban Renewal Plan and will promote urban renewal, rehabilitation and redevelopment of the Issuer, and will enhance the tax base of the Issuer, increase commerce within the Issuer and add to the welfare and prosperity of the Issuer and its citizens. Section 2. It is hereby determined it is necessary and advisable that the Issuer proceed with the issuance and sale of the Bonds as authorized and permitted by the Act to finance all or a portion of the cost of the Project, and such actions will be taken by the Issuer as may be regbired pursuant to the provisions of the Act to authorize, issue and sell the Bonds upon receiving reasonable advance notice and upon reaching mutually acceptable terms with the Company regarding such Bonds. Section 3. The Issuer will enter into all agreements prepared by Bond Counsel which are necessary to be entered into by the Issuer in connection with the issuance and sale of the Bonds. Prior to execution of said agreements by the Issuer all other parties, including the City Attorney and the Issuer's Bond Counsel shall approve all agreements to be entered into in connection with the issuance of the Bonds and such agreements shall be authorized and approved after due consideration by this Council prior to their execution by the Issuer. Section 4. The Mayor, the City Clerk and the City Attorney are hereby authorized and directed to do any and all things deemed necessary in order to effect the accomplishment of the Project and the issuance and sale of the Bonds. Section 5. All resolutions and parts thereof in conflict herewith are hereby repealed to the extent of such conflict. Section 6. This Resolution shall become effective immediately upon its passage and approval. Passed and approved this 16th day of December 1980. Mayor Attest: City Clerk LI (Seal) M BELIN, HARRIS, HELMICK & HEARTNEY, LAWYERS, DES MOINES, IOWA /SV/ State of Iowa County of Johnson SS: City of Iowa City I, the undersigned, do hereby depose and certify that I am the duly appointed, qualified and acting City Clerk of the aforementioned City and that as such I have in my possession or have access to the complete corporate records of said City and of its Council and officers, that I have carefully compared the transcript hereto attached with the aforesaid corporate records; and that said transcript hereto attached is a true, correct and complete copy of all the corporate records in relation to the adoption of the Resolution to Proceed with the Issuance and Sale of Industrial Development Revenue Bonds (Cards et cetera, Ltd. Project) in an aggregate principal amount not to exceed $100,000. WITNESS my hand and the corporate seal of said City hereto affixed this 16th day of December 1980. r City Clerk (Seal) -5- BELIN, HARRIS, HELMICK & HEARTNEY, LAWYERS, DES MOINES, IOWA Proceedings to Proceed With Issuance and Sale Iowa City, Iowa December 16 , 1980 The City Council of Iowa City, Iowa, met in _ reqularsession on the 16th day of December , 1980, at 7:30 o'clock P m., at the Civic Center in the City pursuant to law and to the rules of said Council. The meeting was called to order and there were present John R. Balmer Mayor, in the Chair, and the following named Council Members: Erdahl, Lvnch. Perret Absent: Neuhauser The City Council investiqated and found that notice of intention to issue Industrial Development Revenue Bonds (Lenoch & Cilek, Inc. Project) in an aggregate principal amount not to exceed $150,000 had, as directed by the City Council, been duly qiven according to law. This beinq the time and place specified in the notice for the conduct of a public hearing on the proposal to issue such Bonds, the Mayor announced that all local residents attendinq the hearinq would now be qiven an opportunity to express their views for or against the proposal to issue the Bonds. The following local residents attending the hearing expressed their views as follows: -1- BELIN, HARRIS, HELMICK & HEARTNEY, LAWYERS, DES MOINES, IOWA 115D3 After all local residents who appeared at the hearing who desired to do so had expressed their views for or against the proposal to issue the Bonds, Council Member Vevera introduced a Resolution entitled: "Resolution to Proceed With the Issuance and Sale of Industrial Development Revenue Bonds (Lenoch & Cilek, Inc. Project) in an aggregate principal amount not to exceed $150,000" and moved its adoption, seconded by Council Member Lynch After due consideration of said Resolution by the Council, the Mayor put the question on the motion and upon the roll being called, the followinq named Council Members voted: Ayes: Erdahl, Lynch, Perret, Roberts bevera Balmer Nays: None Whereupon, the Mayor declared said Resolution duly adopted and approval was signed thereto. Upon motion and vote the meeting adjourned. Attest: ldz /1 City Clerk G (Seal) \—/Mayor sM BELIN, HARRIS, HELMICK & HEARTNEY, LAWYERS, DES MOINES, IOWA . /Saq/ RESOLUTION 80-52a Resolution to Proceed with the Issuance and Sale of Industrial Development Revenue Bonds (Lenoch & Cilek, Inc. Project) in an aggregate principal amount not to exceed $150,000" WHEREAS, the City of Iowa City, Iowa, in the County of Johnson, State of Iowa (the "Issuer") is an incorporated municipality authorized and empowered by the provisions of Chapter 419 of the Code of Iowa, 1979, as amended (the "Act") to issue revenue bonds for the purpose of financing the cost of acquiring, by construction or purchase, land, buildings, improvements and equipment, or any interest therein, suitable for the use of commercial enterprises which the City Council of the Issuer as the governing body, finds is consistent with an urban renewal plan, adopted by the Issuer pursuant to Chapter 403 of the Code of Iowa; and WHEREAS, the Issuer has adopted an Urban Renewal Plan, Project No. Iowa R-14 (the "Urban Renewal Plan") for the Urban Renewal Area designated therein (the "Urban Renewal Area") and in furtherance of its efforts to carry out the Urban Renewal Plan the Issuer has been requested by Lenoch & Cilek, Inc. (the "Company") to issue its, industrial development revenue bonds to finance certain improvements and equipment (the "Project") suitable for use by the Company in its commercial enterprise to be located within the Urban Renewal Area of the Issuer, which will employ substantial numbers of people from and near the Issuer with the resulting increased employment, substantial payrolls and other public benefits flowing therefrom; and WHEREAS, it is proposed to finance all or a portion of the cost of the Project through the issuance of Industrial Development Revenue Bonds (Lenoch & Cilek, Inc. Project) of the Issuer in an aggregate principal amount not to exceed $150,000 (the "Bonds") and to loan said amount to the Company under a Loan Agreement between the Issuer and the Company upon mutually agreeable terms, the obligation of which will be sufficient to pay the principal of and interest and redemption premium, if any, on the Bonds, as and when the same shall be due; and WHEREAS, notice of intention to issue the Bonds has, as directed by the City Council of the Issuer, been duly given in compliance with the Act; and WHEREAS, a public hearing has been held on the proposal to issue the Bonds at the time and place as specified in said notice and all objections or other comments relating to the issuance of the Bonds have been heard; NOW, THEREFORE, BE IT RESOLVED by the City Council of the Issuer, as follows: -3- BELIN, HARRIS, HELMICK & HEARTNEY, LAWYERS, DES MOINES, IOWA /SOS Section 1. It is hereby determined that t-. undertaking of the Project and the financing of the same is consistent with the Urban Renewal Plan and will promote urban renewal, rehabilitation and redevelopment of the Issuer, and will enhance the tax base of the Issuer, increase commerce within the Issuer and add to the welfare and prosperity of the Issuer and its citizens. Section 2. It is hereby determined it is necessary and advisable that the Issuer proceed with the issuance and sale of the Bonds as authorized and permitted by the Act to finance all or a portion of the cost of the Project, and such actions will be taken by the Issuer as may be required pursuant to the provisions of the Act to authorize, issue and sell the Bonds upon receiving reasonable advance notice and upon reaching mutually acceptable terms with the Company regarding such Bonds. Section 3. The Issuer will enter into all agreements prepared by Bond Counsel which are necessary to be entered into by the Issuer in connection with the issuance and sale of the Bonds. Prior to execution of said agreements by the Issuer all other parties, including the City Attorney and the Issuer's Bond Counsel shall approve all agreements to be entered into in connection with the issuance of the Bonds and such agreements shall be authorized and approved after due consideration by this Council prior to their execution by the Issuer. Section 4. The Mayor, the City Clerk and the City Attorney are hereby authorized and directed to do any and all things deemed necessary in order to effect the accomplishment of the Project and the issuance and sale of the Bonds. Section 5. All resolutions and parts thereof in conflict herewith are hereby repealed to the extent of such conflict. Section 6. This Resolution shall become effective immediately upon its passage and approval. Passed and approved this 16th day of December 1980. .!Mayor Attett: City Clerk / (Seal) BELIN, HARRIS, HELMICK & HEARTNEY, LAWYERS, DES MOINES, IOWA State of Iowa County of Johnson SS: City of Iowa City I, the undersigned, do hereby depose and certify that I am the duly appointed, qualified and acting City Clerk of the aforementioned City and that as such I have in my possession or have access to the complete corporate records of said City and of its Council and officers; that I have carefully compared the transcript hereto attached with the aforesaid corporate records; and that said transcript hereto attached is a true, correct and complete copy of all the corporate records in relation to the adoption of the Resolution to Proceed with the issuance and Sale of Industrial Development Revenue Bonds (Lenoch & Cilek, Inc. Project) in an aggregate principal amount not to exceed $150,000. WITNESS my hand and the corporate seal of said City hereto affixed this 16th day of December 1980. City Clerk (Seal) -5- 1so7 BELIN, HARRIS, HELMICK & HEARTNEY, LAWYERS. DES MOINES, IOWA APIPIL /E -G tzt- RESOLUTION NO. 80-529 A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLNRK TO CERTIFY AN AGREEMENT WITH THE CITY OF HILLS, IOWA. WHEREAS, Chapter 403A of the Code of Iowa confers upon every municipality certain powers in the field of low rent or subsidized housing; and WHEREAS, the City Council of the City of Iowa City pursuant to Chapter 403A.5 of the Code of Iowa has created the Iowa City Housing Authority to exercise the powers outlined in Chapter 403A; and WHEREAS, Chapter 403A.9 of the Code of Iowa provides that two or more muni- cipalities in Iowa may jointly exercise the powers conferred in Chapter 403A for the purpose of financing, planning, undertaking, constructing, or operat- ing a housing project or projects; and WHEREAS, Chapter 28F, of the Code of Iowa provides that any power exercised by a public agency of this state may be exercised and enjoyed with any other public agency in this state having such power; and WHEREAS, pursuant to Chapter 403A and Chapter 28E of the (lode of Iowa, the City of Iowa City and the City of Bills wish to enter into an Agreement that will permit the Iowa City Housing Authority to make housing assistance payments on behalf of eligible families to owners of property located within the City limits of Hills, a copy of which is attached to this Resolution as Exhibit "A" and by this reference made a part hereof. NOW, THEREFORE, BE IT RESOLVED BY THE IOWA, THAT the Mayor be authorized to copy of said Agreement. CITY COUNCIL OF THE CITY OF IOWA CITY, execute and the City Clerk certify a 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 Lynch X Roberts X Neuhauser X Perret X Erdahl X Vevera Passed and approved this 16th day of Decemb a or ATTEST: ,L v > ) City Clerk 1980. FSC) i17.D Ri .API'ROVCD A LE.I I)EPARTMT 1501 AGREEMENT THIS AGREEMENT, entered into by and between the City of Iowa City, Ibwa, hereinafter called Iowa City and City of Hills, hereinafter called Hills. WHEREAS, Chapter 403A of the Code of Iowa confers upon every muni- cipality certain powers in the field of low rent or subsidized hous- ing; and WHEREAS, Iowa City pursuant to Chapter 403A.5 of the Code of Iowa has created the Iowa City Housing Authority to exercise the powers out- lined in Chapter 403A; and WHEREAS, Chapter 403A.9 of the Code of Iowa provides that two or more municipalities in Iowa may jointly exercise the powers conferred in Chapter 403A for the purpose of financing, planning, undertaking, con- structing, or operating a housing project or projects; and WHEREAS, Chapter 28E of the Code of Iowa provides that any power exer- cised by a public agency of the state may be exercised and enjoyed jointly with any other public agency of this state having such power; and WHEREAS, pursuant to Chapter 403A and Chapter 28E of the Code of Iowa, Iowa City and Hills wish to enter into an Agreement that will permit the Iowa City Housing Authority to make housing assistance payments or behalf of eligible families to owners of property located within the City Limits of Hills. NOW, THEREFORE, BE IT AGREED BY AND BETWEEN Iowa City and Hills as follows: 1) TERM: That the term of this Agreement shall commence with the date of this Agreement and shall continue un- less terminated as provided herein. 2) TERMINATION: That this Agreement may be terminated by either party giving notice to the other in writing as prescribed in this Agreement 180 days in advance of the date of the proposed termination. '15-0 f - 2 - Upon receiving notice of termination, the Iowa City Housing Authority will make no new contracts for housing assistance. The termination date for all housing assistance previously contracted for shall coincide with the terms of the individual rental lease. 3) OPERATION: The Iowa City Housing Authority will administer the program in accordance with the Rules and Regulations established by the Department of Housing and Urban Development and the Annual Contri- butions Contract entered into between Iowa City and the Department of Housing and Urban Development, a copy of which Annual Contributions Contract is attached hereto and made a part of this Agreement. Nothing contained herein shall prevent the adoption of more stringent requirements by Hills. The Iowa City Housing Authority is hereby granted the power to perform inspections of any dwelling unit in a housing project in order to ensure compliance with the housing quality standards established by the Depart- ment of (lousing and Urban Development. This inspection may be performed by agents of Hills and a certification issued that the standards have been met. 4) COSTS: All costs incurred as a result of this program will be borne by the program as provided for in the Annual Contributions Contract. 5) NOTICES: All notices required by this Agreement to be made to Iowa City shall be made by mailing, by ordinary mail, a letter to the Iowa City Housing Authority, Civic Center, 410 East Washington Street, Iowa City, Iowa S2240. All notices required by this Agreement to be made to Hills shall be made by mailing by ordinary mail, a letter to the Mayor of Hills. All notices shall be effective upon re- ceipt by the addressee. Nothing contained in this para- graph shall prevent additional or other notice being given and giving notice which would exceed the requirements of this paragraph. /sw 3 - 6) OBLIGATIONS NOT EXCUSED: This Agreement does not relieve Iowa City or Hills of any obligation or responsibility imposed upon it by law except that to the extent of actual or timely performance there- of by the Iowa City Housing Authority, said perform- ance may be offered in satisfaction of the obligation or responsibility. 7) LIABILITY. Hills agrees to defend, indemnify and hold harmless the Iowa City (lousing Authority, the City of Iowa City, Iowa, and the officers, employees, and agents of either, from any and all liability for all demands, claims, suits, actions, or causes of action in any way arising out of the performance of this Agreement, or any actions related thereto which are the responsibility of Hills and involving dwelling units in Hills. 8) FILING AND RECORDING: This Agreement shall be filed with the Secretary of the State of Iowa and the County Recorder of Johnson County, Iowa. DATED THIS VA ` DAY OF 0e,:,0 k e -K 1980. CITY OF IOWA CITY, IOWA CITY OF HILLS, IOWA - 141A o n R. Balmer, Iayor Larry leer, Mayor ATTEST: (�j GL.ILt; LI-T�.i ATTEST: ) Abbie Stolfus, City Clerk Ju Gr he, City Clerk Iih'CL�',i.;':➢;k I!S:°i0`iL'D Bv, !THP, L L TCaARTME11'T / ZS/�d /a// No. 16 S 905.84 16� UNITED STATES OF AMERICA STATE OF IOWA CITY OF IOWA. CITY 1979 BDI SECOND ADDITION IMPROVEMEN'T'S CONSTRUCTION WARRANT This instrument is evidence that the City of Iowa City, Iowa, hereby promises to pay to Shive-Hat_tery _ of Iowa City, Iowa its successors or assigns, the sum o� 905.84 , with interest thereon at the rate of seven percent (74) per annum, until called for payment. Interest shall commence if this warrant is not paid upon presentation hereof. This Warrant is drawn on and payable solely from the 1979 BDI Second Addition Improvements Construction Fund, or any fund from which payment for such work may be made. This instrument is one of a series of similar instruments given in payment for street and sewer improvements designated as the 1979 BDI Second Addition Improvements, of said City, being constructed under contract dated July 25 , 19 78, and issued under authority of Section 384.57 of the City Code of Iowa. The City of Iowa City reserves the right to prepay the amount represented hereby at any time with accrued interest to the date of such payment. Both principal and interest of this Warrant are payable at the office of the City Treasurer or Financial Officer of the City of Iowa City, State of Iowa. IN WITNESS WHEREOF, the City of Iowa City has caused this instrument to be executed by its Mayor, and attested by its Clerk-, with the seal of said City affixed as of the/�` day of ( !., ��. L 19YC"J . (SEAL) ITY OF IO _.-. AITY,_- WA ATTEST: Mayor This instrument /Presented/ and not paid for want of funds this �'f day of. Cit Trea! rer AHLERS. COONEY. DORWEILER. HAYNIE B SMITH. LAWYERS. DES MOINES. IOWA Council Member Vevera introduced the following Resolution entitled "RESOLUTION DIRECTING THE DELIVERY OF CONSTRUCTION WARRANTS IN PAYMENT OF CONTRACT", and moved its adoption. Council Member Perret seconded the motion to adopt. The roll was called and the vote was, AYES: Perret, Roberts, Vevera, Balmer, Erdahl NAYS: None Whereupon, the Mayor declared the following Resolution duly adopted: 80-530 RESOLUTION DIRECTING THE DELIVERY OF CONSTRUCTION WARRANTS IN PAYMENT OF CONTRACT WHEREAS, the Council of the City of Iowa City, Iowa, heretofore entered into contract for the construction of the 1979 BDI Second Addition Improvements, and in said contract provided that payment to the contractor or contractors, and others, would be made at the option of the City by the delivery of Construction Warrants issued pursuant to Section 384.57 the City Code of Iowa, bearing interest at seven percent (72) per annum; and WHEREAS, the following balances are owing in connection with the construction of Said public improvements above referred to, and have been duly approved by the Project engineer with provisions for retaining not less than ten percent (108) thereof, as required by Chapter 573, Code of Iowa, 1979, as amended, to -wit: TO: E R S -2- AHLERS. COONEY. DORWEILER. HAYNIE 6 SMITH. LAWYERS. DES MOINES. IOWA /X/3 and WHEREAS, the above firm or firms are now entitled to payment for said sums owing: NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: That the Mayor and Clerk are authorized and directed to execute and deliver to said above contractor or Contractors, and others, Construction Warrants drawn on the 1979 BDI Second Addition Improvements Construction Fund, as follows: CONSTRUCTION WARRANT NO. 11H. TO DATE AMOUNT Shive-Hattery 12-2-80 $905.84 -3- AHLEPS. GOONEY. DORWEILER. HAYNIE 5 SMITN. LAWYERS. DES MOINES. IOWA /S/ IV PASSED AND APPROVED, 19 SD Mayor this 16th day of December ATTEST: 1 I L' Clerk 1 (SEAL) -4- AHLERS. COONEY. DORWEILER. HAYNIE 6 SMITH. LAWYERS. DES MOINES. IOWA /.5/ S RESOLUTION NO. 80-531 A RESOLUTION AUTHORIZING THE CITY MANAGER TO SUBMIT AN APPLICATION FOR PARTICIPATION IN THE NEIGHBORHOOD STATISTICS PROGRAM OF THE UNITED STATES BUREAU OF THE CENSUS. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the City Council submit a formal request for participation in the Neighborhood Statistics Program to the Census Bureau authorized on the 16th day of December, 1980, at 7:30 P.M. in the Council Chambers. 2. That the neighborhood boundaries shown on the map entitled "Neighborhood Statistics Program", which is included herein by reference, represents the product of the citizen participation process. 3. That said map be forwarded to the United States Bureau of the Census for inclusion in the Neighborhood Statistics Program. 4. That the City of Iowa City be responsible for representing and interacting with neighborhoods through its established citizen participation procedures. It was moved by Perret and seconded by Vevera that the resolutionaT s read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Balmer Erdahl Lynch x Neuhauser Perret Roberts Vevera Passed and approved this 16tWay of December , 1980. MAYOR ATTEST: )X L�Gu�J CITY CLERK :ll:h. !'!f'.'' 1 :'A i '. K:� City of Iowa Ci MEMORANDUM Date: December 10, 1980 To: City Council From: Pat Keller, Planner/Program Analyst Re: Neighborhood Statistics Program The Neighborhood Statistics Program presents an opportunity for Iowa City to obtain census data on a neighborhood level. Previously, data could only be gathered on a much wider scale by census tracts. Census tracts cover larger areas of the city and do not give adequate representation of the subsections of Iowa City. Census data collected on a smaller neighborhood scale will assist the City in applying for future federal programs which require specific census data for neighborhood areas. The Neighborhood Statistics Program also offers Iowa City a tool for the development of future neighborhood planning. bj2/1 RESOLUTION OF THE COMMITTEE ON COMMUNITY NEEDS A RESOLUTION RECOMMENDING PARTICIPATION IN THE NEIGHBORHOOD STATISTICS PROGRAM OF THE UNITED STATES BUREAU OF THE CENSUS. WHEREAS, the City of Iowa City has been invited to participate in the United States Bureau of the Census's Neighborhood Statistics Program, and WHEREAS, the Committee on Community Needs deems that it is in the interest of the City of Iowa City to take advantage of the Neighborhood Statistics Program, and WHEREAS, the Committee on Community Needs at its October 1, 1980 meeting did initiate a citizens participation procedure for delineating neighborhood boundaries for use via the Neighborhood Statistics Program. NOW, THEREFORE, BE IT RESOLVED BY THE COMMITTEE ON COMMUNITY NEEDS OF THE CITY OF IOWA CITY: 1. That the Committee on Community Needs hereby recommends to the City Council that a formal request for particpation in the Neighborhood Statistics Program be submitted to the United States Bureau of the Census. 2. That the neighborhood boundaries shown on the map entitled Neighborhood Statistics Program, which is included herein by reference, represents the product of the citizen participation process. 3. That said map may be forwarded to the United States Bureau of the Census for inclusion in the Neighborhood Statistics Program. 4. That the Committee on Community Needs continue to be responsible for representing and interacting with neighborhoods through its established citizen participation procedures. Passed and approved this 3rd day of December, 1980. gnu -z '� Ch rman, CCN S Vcre ary CCN /5/4 I NEIGHBORHOOD STATISTICS PROGRAM The United States Census Bureau is offering a data service to help cities in designing Community Development Block Grant and other federally funded projects for neighborhoods. This service provides basic demographic and social and economic data from the 1980 census which is brokendown on a neighborhood level. Neighborhood data is important in establishing a rational basis for the future selection of Neighborhood Strategy Areas and for comprehensive neighborhood planning in general, which supplies the crucial resource for the comprehensive plan. PROGRAM REQUIREMENTS Participation in the Neighborhood Statistics Program requires official recognition of designated neighborhoods. Official recognition requires that local elected officials must make a statement accepting the validity of neighborhood areas as politically active bodies. This statement assures the citizens of an active role in the City decision-making process. This requirement would entail a legal or administrative action, e.g. a resolution, on the part of the City. A letter from the Manager or City Council (elected officials) to the Director of the Bureau of the Census, or written certification from a committee or a coalition representing all of the neighborhoods in the locality could also be submitted for official recognition. /� /9 2 A second requirement which the City would have to comply with is that there should be no overlapping boundaries between neighborhoods. No portion of any neighborhood may be considered as a portion of another neighborhood. Blocks and parcels of land cannot be divided between neighborhoods. Each neighborhood boundary must follow a well- defined statistical area. A third requirement of the Neighborhood Statistics Program is that each neighborhood be given advisory representation. A mechanism must be established so that citizens within a designated neighborhood are assured a forum in which they can represent their views on municipal matters to elected officials. A format, such as the Committee on Community Needs (CCN), must be established as a means to express the concerns of the neighborhood residents to the City officials thereby playing an important role in the governmental process. x.5;2 KUJ�G RESOLUTION NO. 80-532 RESOLUTION AUTHORIZING THE CITY MANAGER TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR THE ACQUISITION OF REAL PROPERTY FOR THE LOWER RALSTON CREEK NEIGHBORHOOD REVITALIZATION PROJECT (PARCEL 9 OWNED BY BENJAMIN RITTGERS). WHEREAS, the City Council of the City of Iowa City did approve Resolution No. 79-242 authorizing application for Federal funds under the Community Development Block Grant/Small Cities Program for improvements in the Lower Ralston Creek Neighborhood; and WHEREAS, the Department of Housing and Urban Development has formally approved said application; and WHEREAS, the City Council did approve Resolution No. 79-489 authorizing the acquisition of real property required for said project; and WHEREAS, real estate appraisals and review appraisals have been conducted to establish fair market value of the parcel to be acquired for Phase I of said project; and WHEREAS, the City Council did approve Resolution No. 80-350 establishing just compensation for real property acquisition for Parcel No. 9 owned by Benjamin Rittgers in the Lower Ralston Creek Neighborhood Revitalization Project; and WHEREAS, in order to acquire said real property, the City desires to enter into contract 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 City Manager is hereby authorized to sign and the City Clerk to attest the contract for the purchase of the real property referred to below for the amount designated below: Parcel No. 0 Purchase Price $33,000 It was moved by Vevera and seconded by Lynch the Resolution 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 Dec. , 19800 AYOR ATTEST /12 RECEIVED & APPROVED CITY CLERK1Y T�LEGAL DEPARTIdEli7iDEPARTIdENB t sem/ City of Iowa C'" ► MEMORANDUM Date: December 10, 1980 To: City Council From: Bruce A. Knight, Planner/Program Analys0�� Re: Acquisition of Property (Parcel #9) in the Lower Ralston Creek Neighborhood Parcel #9 of the Lower Ralston Creek Neighborhood Revitalization Project, owned by Benjamin Rittgers was appraised in May, 1980 at $30,100. After a series of negotiations, Mr. Rittgers has agreed to settle at $33,000. After reviewing the appraisal of this property, and taking into considera- tion the replacement value of a similar earning power, City staff recommends that this offer be accepted. bdw3/1 W W Ono u�, z O cn ..J Q IIx a W O BURLINGTON U) � U v COURT ST OFFICE ' ST Z IJ.J cr m LTJ LEGEND ACQUISITION MAP PROPERTY TO ■E ACQUIRED (Face Iw q) PROJECT BOUNDARY i STREET CLOSED TO TRAFFIC VACATED STREETS 00 BLOCK NUMBER .. PARCEL NUMBER 1% CITY OF IOWA CITY • SCALE - .��...� go REVISED. RESOLUTION NO. 8 0- 5 3 3 RESOLVPION ACCEPTING PAVEMENT AND STORM SEWER FOR THE BDI SPECIAL ASSESSM ETTING WHEREAS, the Engineering Departnent has certified that the following iriprovenents have been completed in accordance with plans and specifications of the City of Iowa City, The BDI Special Assessment Project, 1980 Letting, pavement and storm sewer construction as completed 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, NCW THEREFORE BE IT RESOLVED by the City Council of Iowa City, Iowa, that said improvenents be accepted by the City of Iowa City. It was moved by Perret and seconded by Vevera that the Resolution as read be accepted, and upon roll call there were: AYES: NAYS: ABSENT: BALMER x ERDAHL x LYNCH x NEUHAUSER x PERRET x ROBERTS x VEVERA x Passed and approved this 30th day of December , 19 80• 2z- -/ `Mayor ATTEST: City Clerk r: a.:: r .. •; (. CITY OF IOWA CITY CIVIC CENTER 410 E. WASHINGTON ST IOWA CITY IOWA 52240 (319) 354.180) ENGINEER'S REPORT December 16, 1980 Honorable Mayor and City Council Iowa City Iowa Dear Honorable Mayor and Councilpersons: 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 City. The required maintenance bond is on file in the City Clerk's office. Paving and storm sewer for the BDI special assessment project, 1980 Letting, as constructed by Metro Pavers, Inc. of Iowa City, Iowa. I hereby recommend that the above mentioned improvements be accepted by the City of Iowa City. Respectfully submitted, Charles J. Schmadeke, P.E. City Engineer bdw2/9 RESOLUTION NO. 80-534 RESOLUTION SETTING PUBLIC HEARING ON A PROPOSED CONVEYANCE OF REAL PROPERTY OWNED BY THE CITY OF IOWA CITY (A PORTION OF VACATED SAND LAKE DRIVE). WHEREAS, the City Council of the City of Iowa City has adopted Ordinance No. 80-2990 on March 18, 1980 vacating :land Lake Drive; and WHEREAS, the City Council proposes to convey to Dave Clark and Dave Cahill, dba C&C Investments, the south 157.70 feet of vacated Sand Lake Drive; and WHEREAS, the proposed conveyance will be subject to the following terms: 1. The City will be relieved of the obligation to construct two driveways across the vacated Sand Lake Drive to provide access from the property owned by C&C Investments to the new South Gilbert Street. 2. C&C Investments shall accept only one point of access onto the new South Gilbert Street and shall assume the obligation to construct one driveway across the vacated Sand Lake Drive. 3. The City shall retain a utility easement over all but the east 15 feet of the property to be conveyed; and WHEREAS, it is necessary to publish this proposal and to publish notice of a public hearing on this proposal. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY: 1. That the City proposes to convey the above-described real property to Dave Clark and Dave Cahill, dba C&C Investments, subject to the terms described above. 2. That the City Clerk is authorized and directed to publish notice of this proposal and further, can publish notice that pursuant to Section 364.7, 1979 Code of Iowa, a hearing will be held before the City Council on the proposed disposition on the above-described property at the Council Chambers, Civic Center, 410 East Washington Street, Iowa City, Iowa, at 7:30 P.M. on the 13th day of 'January, 1981, and any persons having objections to said proposed action may appear and file their objections at said hearing. It was moved by Perret and seconded by Vevera that the resolution as read be adopted, and upon roll call there were: /544 AYES: NAYS: x x x x x x x ABSENT: Balmer Erdahl Lynch Neuhauser Perret Roberts Vevera Passed and approved this 30th day of December 1980. MAYOR ATTEST: C Y CLERK p'ozeived & Approved By The Legal Department p isa 7 RESOLUTION NO. 80-535 A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST AMENDMENT TWO TO THE AGREEMENT WITH OUT OF DANGER,. INC. , DBA AID AND ALTERNATIVES FOR VICTIMS OF SPOUSE ABUSE, FOR THE USE OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS TO ACQUIRE, REHABILITATE, AND UTILIZE A SHELTER FOR VICTIMS OF SPOUSE ABUSE. WHEREAS, the City Council of the City of Iowa City did, by Resolution No. 79-557 dated December 11, 1979, authorize and enter into an agreement with Out of Danger, Inc., dba Aid and Alternatives for Victims of Spouse Abuse (AAVSA), to use Community Development Block Grant funds to acquire, rehabilitate, and utilize an emergency shelter for victims of spouse abuse; and, WHEREAS, there is a need to clarify the permitted use and occupancy of the emergency shelter, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: -That the Mayor be authorized to sign and the City Clerk to attest Amendment Two to the Agreement with AAVSA dated December 11, 1979 to permit the rental of one apartment located in the shelter for reasons of zoning classification and security. It was moved by Neuhauser and seconded by Erdahl 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 this30th day of December 1980. MAYOR ATTEST: aj�z_ 4� CITY CLERK Received a Ppprov^.d ®Y The Legal Department njj i y "0 R AMENDMENT TWO AMENDMENT TO CONTRACT BETWEEN THE CITY OF IOWA CITY AND OUT OF DANGER, INC. , DBA AID AND ALTERNATIVES FOR VICTIMS OF SPOUSE ABUSE, FOR THE USE OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS TO ACQUIRE, REHABILITATE, AND UTILIZE A SHELTER FOR VICTIMS OF SPOUSE ABUSE This Agreement, entered into this 30th day of December , 1980, by and between the City of Iowa City, a municipal corporation, (herein referred to as the "City") and Out of Danger, Inc. , dba Aid and Alternatives for Victims of Spouse Abuse, a non-profit entity (herein referred to as "AAVSA"), is an amendment to the contract for provision of a shelter for victims of spouse abuse. This agreement amends portions of the original contract executed December 11, 1979, as follows: PART I PURPOSE AND SCOPE OF SERVICES: Section E is hereby amended to reads as follows: Following the completion of rehabilitation, the structure shall be occupied and utilized by AAVSA principally as an emergency shelter for adults alone and with children who are seeking refuge from domestic violence, i.e., victims of spouse abuse. Provided, however, that one (1) apartment located in the structure may be rented on a lease basis for reasons of zoning classification and security only. IV. TERMS AND CONDITIONS OF OWNERSHIP: Section G is hereby added to rear) as follows: Income realized from the rental of an apartment located in the structure shall be retained by AAVSA in a separate, restricted account and shall be used only for building and grounds maintenance and improvements. In the event that AAVSA elects to dispose of the property pursuant to Section IV.E above, all remaining rental income shall be returned to the City. /d 0� f In witness ghereof, Ae parties hereto have on this`L day of –+9897— CITY off-CITY OF IOWA CITY B ,_M A Y 0 �R _MAYOR ATTEST: CITY CLERK executed this Agreement OUT OF DANGER, INC., DBA - AID AND ALTERNATIVES FOR VICTIMS OF SPOUSE ABUSE, WITNESS: Received g Approved .By The Legal Department RESOLUTION NO. 80-536 RESOLUTION APPROVING FINAL ELEMENT OF THE PRELIMINARY DESIGN PLANS FOR SIGNAGE FOR OLD CAPITOL CENTER (URBAN RENEWAL PARCELS 83-1 AND 84- 1). WHEREAS, the City Council of the City of Iowa City, Iowa, has, pursuant to Resolution 78-456, approved the preliminary design plans for the redevelopment of Urban Renewal Parcels 83-1 and 84-1, subject to the reservation of the right to review signage prior to installation; and WHEREAS, Old Capitol Center Partners have submitted preliminary design plans for signage for Urban Renewal Parcels 83-1 and 84-1; and WHEREAS, said preliminary design plans have been partially approved by the City Council, pursuant to Resolutions No. 80-475 and No. 80-495; and WHEREAS, a further recommendation from the Design Review Committee concerning said preliminary design plans has been received by the City Council; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the final element of the preliminary design plans for signage submitted by Old Capitol Center Partners for Urban Renewal Parcels 83-1 and 84-1 (Old Capitol Center) is hereby approved, as set forth in Attachment A to this Resolution, which attachment is by this reference hereby incorporated herein; and BE IT ,FURTHER RESOLVED, that upon this approval, necessary permits for installation of signage may be issued for this redevelopment project, contingent upon full compliance with all applicable codes and ordinances. It was moved by Neuhauser and seconded by Vevera the Resolution 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 30th day of Dec. ��, 1980. ,JMAYOR RECEIVED & APPROVED EY, MM LEGAL DEPARTMENT ,2 -/i- ro �s37 Resolution No. 81 16 Page 2 ATTACHMENT A TO RESOLUTION NO. 80-536 The approval of the following element of the preliminary design plans for signage submitted by Old Capitol Center Partners is hereby made: The design of the Old Capitol Center sign, as proposed by Old Capitol Center Partners, is hereby approved. /S -.3Z RESOLUTION NO. 80-537 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CLERK TO ATTEST AN AGREEMENT WITH DBL PARTNERSHIP REGARDING ACCESS TO SCOTT BOULEVARD WHEREAS, it is necessary for the City to acquire the right-of-way for the Scott Boulevard improvement project; and WHEREAS, DBL Partnership is willing to convey their portion of the right-of-way; and WHEREAS, due to the unique circumstances of the DBL property, the City finds it in the public interest to enter into the Agreement attached hereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the Mayor is hereby authorized to execute and the Clerk to attest the agreement with DBL Partnership. It was moved by Vevera and seconded by Roberts that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: 1 x X x X Balmer Erdahl Lynch Neuhauser Perret Roberts Vevera Passed and approved this 30th day of December , 1980. MAYOR ATTEST: CIT CLERK Rs=eived & Approved $y The Legal nep;rrii3?0'ij -8�--- i-4 AGREEMENT THIS AGREEMENT made and entered into between the City of Iowa City, Iowa, hereafter designated as City, and Webster B. Gelman, William V. Phelan, H. Clark Houghton, William M. Tucker and L.S. Trust by Iowa State Bank & Trust Co., Trustee, hereafter designated as DBL Partnership. WHEREAS, DBL Partnership is the owner of the following described real estate situated in Johnson County, Iowa, to -wit: and, The South fractional 1/2 of the Southwest fractional 1/4 of Section 19, T79N., R5W of the 5th P.M. except the following described tract: The South 813 feet (except that portion thereof lying South of the North right-of-way line of the County Road) of the East 670 feet of the Southeast 1/4 of Section 19, T79N, R5W. WHEREAS, the City is desirous of acquiring from said tract, the following described tract for additional right-of-way to Scott Blvd., to -wit: Commencing at the Northwest corner Section 19, T79N, R5W of the 5th. P.M.; thence S00° 18' 56" E 2648.35 feet along the West line of said Section 19 and the center line of Scott Blvd. to the West 1/4 corner of said Section 19; thence S00° 03' 29" E (This is an assumed bearing) 1323.86 feet along the West line of said Section 19 and the center line of Scott Blvd. to the point of beginning; thence S 89° 31'57" E 50.00 feet; thence S 00° 03' 29" E 282.25 feet; thence southerly 386.00 feet along a 1,481.54 foot radius curve concave westerly and whose 384.91 foot chord bears S 07° 24' 21" W; thence N 00° 03' 29" W 664.36 feet to the point of beginning. Said Tract contains 26,888 square feet more or less, and, in addition thereto acquiring a permanent easement over the following described tract, to -wit: Commencing, as a point of reference, at the NW cor. of the SW 1/4 of Sec. 19, T79N, R5W; thence S00°03'29"E 1,430.0 feet on the west line of said SW 1/4; thence N89°56'31"E, 50.00 feet to the point of beginning of the - 2 - following described tract: thence N89°56'31"E, 40.00 feet; thence S00°03'29"E, 20.00 feet; thence S89°56'31"W, 40.00 feet; thence N00°03'29"W 20.00 feet to the point of beginning. Said tract containing 800 square feet more or less, and a temporary easement for construction purposes over the following described tract, to -wit: A strip of land 50 feet wide lying east of and adjacent to the East ROW line of Scott Boulevard and extending from Station 3+00 to Station 11+00, all as shown on the Scott Boulevard Phase I construction plans, and, WHEREAS, DBL Partnership did, in February of 1980, execute a Letter of Intent with the City, which Letter of Intent by reference thereto is made a part hereof, and [,WHEREAS, DBL Partnership is concerned over access to their remaining property from Scott Blvd. in order to develop said property for commercial or industrial purposes and the City recognizes such concern, and WHEREAS, DBL Partnership members, together with their respective wives, will execute and deliver, without cost to the City, a Warranty Deed to the City for right-of-way herein described and a permanent easement and a temporary construction easement over the lands herein described. NOW THEREFORE, in consideration of the execution of such Deed and easements, the City does hereby recognize the right of DBL Partnership or its successors or assigns to have access to its remaining property from Scott Blvd. at an area so as to make said property adaptable to commercial or industrial use together with the right, upon prescribed application, and upon the incorporation of Scott Blvd. into the corporate limits of - 3 - Lty, to receive access rights similar to that now available under Sections 31-59, 31-60, 31-61, and 31-70 of the present Municipal Code. Ti • DATED this day of D ¢ 1980. DBL PAR NERSHIP t BY: lL artn r P ayor ATTEST: City Clerk m A () a fes}' G�L ..t F��a'i el r: l,q. •. � LETTER OF INTENT The undersigned, being owners of property adjacent to the present Scott Boulevard between U.S. Highway 6 and Muscatine Avenue, do hereby agree to voluntarily dedicate a strip of land sufficient to provide a one hundred (100) foot right-of-way, along with necessary temporary and permanent easements, a drawing of which is one file in the City Clerk's office, at no cost to the City; provided that other property owners adjacent to Scott Boulevard also agree to the terms of this letter. . If all property owners agree to voluntarily provide right-of-way and r easements as necessary, the City will agree to provide thirty-one (31) foot wide concrete paving, adequate storm sewers to transport excess storm water during a five year return frequency storm, and an eight (8) foot bikeway/sidewalk along the west side, all between U.S. Highway 6 and Muscatine Avenue, at no cost to the property owner. Dated this 11th day of February, 1980 BY: DBL FARM PARTNERSHIP: Webster B. Gelman, H. C. Houghton, William V. Phelan, William M. r, L.S. TYust, Iowa State Bank & TnLst Co. BY: r/P 10— emt a William M. mocker, Partner zxl KAYO R ATTEST: (&6 CITY CLERK tl.fJ 7 /S3� RESOLUTION NO. 80-538 RESOLUTION AUTHORIZING EXECUTION OF SUBSTITUTED PRELIMINARY LOAN CONTRACT AND ISSUANCE OF SUBSTITUTED PRELIMINARY NOTES WHEREAS, the City of Iowa City, Iowa, (herein called the "Local Authority") proposes (1) to enter into a substituted contract (herein called the "Preliminary Loan Contract") with the United States of America (herein called the "Government") providing for financial assistance by the Government to the Local Authority under the United States Housing Act of 1937 (42 U.S.C. 1401 et seq.); and (2) to authorize the issuance of its notes as evidence of advances to be made by the Government to the Local Authority pursuant to the Preliminary Loan Contract. BE IT RESOLVED BY THE LOCAL AUTHORITY, AS FOLLOWS: Section 1. The Substituted Preliminary Loan Contract is substantially the form of HUD -52480 hereto attached and marked "Exhibit A" is hereby approved and accepted both as to form and substance and the Mayor is hereby authorized and directed to execute said Contract in quadruplicate on behalf of the Local Authority, and the Clerk is hereby authorized and directed to impress and attest the official seal of the Local Authority on each such counterpart and to forward said executed counterparts, or any of them, to the Government together with such other documents evidencing the approval and authorizing the execution thereof as may be required by the Government. Section 2. The Mayor or the Clerk is hereby authorized to file with the Government from ime to time as monies are required, requisitions together with the necessary supporting documents requesting advances to be made on account of the loan provided in the Substituted Preliminary Loan Contract, and the proper officers of the Local Authority shall prepare, execute, and deliver to the Government Preliminary Notes hereinafter authorized and shall accept payment therefore from the Government in cash and/or exchange for other notes of the Local Authority, and such persons are authorized to do and perform all other things and acts required to be done or performed in order to obtain such advances. Cash proceeds from the sale of all Preliminary Notes shall be deposited and disbursed.only in accordance with the provisions of the Preliminary Loan Contract. Section 3. (A) In order to evidence advances made by the Government pursuant to Preliminary Loan Contract and to refund, renew, extend, or substitute for any Preliminary Notes by this Resolution authorized to be issued (or any Preliminary Notes by any other resolution authorized to be issued which are outstanding, or on deposit for delivery pending payment therefor, as of the date this Resolution becomes effective), or for any Temporary Notes issued by the Local Authority, there are hereby authorized to be issued, from time to time, Preliminary Notes of the Local Authority in an aggregate principal amount outstanding at any one time (whether authorized by this Resolution or any other resolution authorizing the issuance of Preliminary Notes) equal to the the aggregate Estimated Cost of Preliminary Surveys and Planning specified in said Preliminary Loan Contract. (B) Each Preliminary Note shall bear interest, and shall be payable, in form and manner as prescribed by the Preliminary Loan Contract and this Resolution; shall be signed in the name of the Local Authority by the Mayor; and shall have the official seal of the Local Authority impressed thereon attested by the Clerk; and shall otherwise be in substantially the form of note hereto attached and marked "Exhibit C." (C) Each Preliminary Note shall be a direct and general obligation of the Local Authority, the full faith and credit of which is hereby pledged for the punctual payment of the principal of and interest on such Notes. /S3 9 ;IrU (D) As additional security for the equal and ratable payment of the principal of and interest on all Preliminary Notes issued pursuant to this Resolution the Local Authority, to the fullest extent permitted by the laws of the State, hereby pledges, mortgages, conveys, and grants, unto the Government (or any successor to its powers, functions, and duties), all the real and tangible personal property wheresoever situated which it has acquired or may hereafter acquire in connection with or relating to the low -rent housing undertaken pursuant to the Preliminary Loan Contract. If the preceding sentence shall be adjudged by a court of competent jurisdiction to be invalid or ineffective it is the intention of the Local Authority to be fully obligated under the other provisions of this Resolution and that such judgment shall not impair or invalidate the obligation of the Local Authority to pay the principal of and interest on each Note from other funds of the Local Authority as herein provided. Section 4. Whenever the following terms, or any of them, are used in this Resolution, the same, unless the context shall indicate another or different meaning or intent, shall be construed, and are intended to have meanings as follows: 1. The term "Resolution" shall mean this Resolution. 2. All other terms used in this Resolution and which are defined in the Substituted Preliminary Loan Contract shall have the respective meanings ascribed thereto in the Substitute Preliminary Loan Contract. Section 5. All resolutions or parts of resolutions heretofore adopted by the Local Authority which authorize the issuance and/or delivery of Preliminary Notes (sometifies called "Preliminary Loan Notes") pursuant to the Preliminary Loan Contract are hereby repealed: Provided, however, That such repeal shall in no way affect the validity of Preliminary Notes or Preliminary Loan Notes issued pursuant to said resolutions which are outstanding or on deposit for delivery pending payment therefor on the date this Resolution becomes effective. Section 6. This Resolution shall take effect immediately. It was moved by Neuhauser and seconded by Erdahl 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 30thday of December 1980. l MAYOR ATTEST: CITY CLERK 8'L J=0 DEPARTMT 'AAV 6 GENERAL CERTIFICATE I, Abbie Stolfus, DO HEREBY CERTIFY as follows: 1. That I am the duly appointed, qualified, and acting City Clerk of the'City of Iowa City (herein called the "Local Agency"). In such capacity, I am custodian of its records and am familiar with its organization, membership, and activities. 2. That the proper and correct corporate title of the Local Agency is the City of Iowa City, Iowa. 3. That the City of Iowa City, Iowa, was duly created pursuant to the authority of the constitution and statutes of the State of Iowa including, particularly, the Act of the Legislature in the laws of Iowa of 1838-1839 at page 435, and was duly organized on the 4th day of July, 1839; and since the date of its organization, the Local Agency has continued to exist without interruption in the performance of its public corporate purposes. 4. That the names and dates of election or appointment, and the dates of the beginning and ending of the terms of office, of the members of the governing body of the Local Agency and of its principal officers are as follows: f ' DATE OF DATE OF COM- DATE OF EXPIRA- ELECTION OR MENCEMENT OF TION OF TERM NAME & OFFICE (s) APPOINTMENT TERM OF OFFICE OF OFFICE John Balmer Mayor 1/2/80 1/2/80 1/2/82 Councilman 11/6/79 1/2/80 1/2/84 Glenn E. Roberts Mayor Pro tem 1/2/80 1/2/80 1/2/82 Councilman 11/8/77 1/2/78 1/2/82 Clemens Erdahl Councilman 11/8/77 1/2/78 1/2/82 Lawrence Lynch Councilman 11/6/79 1/2/80 1/2/84 Mary C. Neuhauser Councilwoman 11/6/79 1/2/80 1/2/84 David Perret Councilman 11/6/79 1/2/80 1/2/84 Robert A. Vevera Councilman 11/8/77 1/2/78 1/2/82 Neal Berlin City Manager 1/14/75 1/14/75 Indefinite John Hayek City Attorney 10/2/73 1/2/80 1/2/82 Abbie Stolfus City Clerk 9/1/70 1/2/80 1/2/82 5. Each of the above-named officers required to do so has duly taken and filed his oath of office and each of them legally required to give bond or undertaking has filed such bond or undertaking in form and amount as required by law and has otherwise duly qualified to act in the official capacity above designated, and each is the acting officer holding the respective office or offices stated beside his name. 6. None of the above-named officers is ineligible to hold or disqualified from holding, under the provisions of applicable law, the respective office, specified above, which he holds. Note: A question had arisen as to the status of Councilman Robert Vevera who was elected November, 1975, and sworn in as Councilman in January, 1976. The Council has determined not to seek a Declaratory Judgment. 7. None of the above-named Councilpersons is an officer or employee of the City of Iowa City, Iowa. See note to Item 6. '15W age 2 feral Certificate 8. Since October 7, 1980, there have been no changes in or amendments the charter, by-laws, ordinances, resolutions, or proceedings of the Local �ency with respect to: a) The time and place of and other provisions concerning regular meetings of the Local Agency; b) The provisions concerning the calling and holding of special meetings of the Local Agency and the business which may be taken up at such meetings; c) The requirements concerning a quorum; d) The manner in which the charter or by-laws of Local Agency may be amended; e) The requirements regarding the introduction, passage, adoption, approval, and publication of resolutions, ordinances, or other measures, relating to the approval and execution of contracts and the authorization, award, execution, or issuance of bonds, notes, or other obligations of the Local Agency; f) The officers required to sign, countersign, or attest contracts, bonds, notes, or other obligations of the Local Agency; g) The office of the Local Agency; or h) The seal of the Local Agency. On January 2, 1976, the City Council adopted a Home Rule Charter for the City of Iowa City, Iowa. Said Charter was passed according and pursuant to State law. 9. The seal impressed below, opposite my signature, is the duly adopted, proper, and unly official corporate seal of the Local Agency. IN WITNESS WHEREOF, I have hereunto set my hand and the duly adopted official seal of the Local Agency this 30thday December 19 80 Q ABBIE STOLFUS CITY CLERK 5 fv-Z- EXTRACT FROM MINUTES OF MEETING EXTRACT FROM THE MINUTES OF A Regular MEETING OF TAE Council OF THE City of Iowa City HELD ON THE 30th DAY OF December HUD -9012 (11-68) :m The Council of the City of Iowa City met in regular meeting at the Council Chambers, Civic Center in the City of Iowa City , Iowa , at the place, hour, and date duly established for the holding of such meeting. The Mayor Balmer called the meeting to order and on roll call the following answered present: Erdahl, Lynch, Neuhauser, Perret, Roberts, Vevera Balmer and the following were absent: None. The Mayor declared a quorum present. 233478-P 15-P[ j HUD -9011 (11-68) CERTIFICATE OF RECORDING OFFICER I, Abbie Stolfus , the duly appointed, qualified and acting City Clerk of the City of Iowa City do hereby certify that the attached extract from the minutes of the regular meeting of the City Council of the City of Iowa City , held on December 30, 1980. , is a true and correct copy of the original minutes of such meeting on file and of record in so far as they relate to the matters set forth in the attached extract, and I do further certify that each Resolution appearing in such extract is a true and correct copy of a Resolution adopted at such meeting and on file and of record. IN TESTIMONY WHEREOF, I have hereunto set my hand and the seal of said City of Iowa City this 30th day of December , 19 80 . Abbie Stolfus, City Xlerk (SEAL) HUD."14 (11-68) The following resolution was introduced by Neuhauser ; read in full and considered: Neuhauser moved that the foregoing resolution be adopted as introduced and read, which motion was seconded by Erdahl , and upon roll call the "Ayes" and "Nays" were as follows: AYES NAYS Erdahl Balmer Lynch Vevera Neuhauser Perret Roberts The Mayor thereupon declared said motion carried and said resolution adopted. There being no further business to come before the meeting upon motion duly made and seconded, the meeting was adjourned. HUD -5412 Rev. 9/70 U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT NOTE SIGNATURE CERTIFICATE We, the undersigned officers of City of Iowa City, Iowa Contract No. KC -9081 Project No. IA 22-3 (herein celled the "Local Authority") do hereby certify that, on the 30th day of December , 19 89 we officially signed on behalf of the Local Substituted Authority its Preliminary Note No. 1 dated Dec. 30,' 1980 , and payable to the United States of America or order, being, on the date of such signing and on the date hereof, the duly chosen, qualified and acting officers authorized to execute said Note and holding the offices indicated by the official titles opposite our names; and that the corporate seal of the Local Authority appearing upon said Note and upon this certificate is the legally adopted, proper and only official seal of the Local Authority. Witness our hands and said corporate seal this 30th day of December , 1980. Signature Official Title SEAL MAYOR CITY CLERK i Signatures above and upon the above-described Note guaranteed as those of the officers respectively designated. 221530-P Member( Fe eral Deposit surance Corpor n HUD-W..h., D.C. G Contract IA 22-3 wtt_SJasn DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT Page 1 of fi Pa• nc. 12/71 LOW RENT PUBLIC HOUSING Substituted PRELIMINARY LOAN CONTRACT 'I'l1IS CONTRACT entered intn as of the 7th day of _,lannary 19_81_, (herein called the "Darr of This Contract") by and between th I luilnd Stales of America (herein called the "Government') pursuant to the United Sla les Ilnusing Art of 1937 (42 1).S.C. 1401, et seq. (which Act as amended Io the hale of This Contract is herein called III, "Art")anti the Department of Housing and Urban Development Act (5 U.S.C. 624,) and City of Iowa City, Iowa (herrin called [lie "Local Aulhorily" ), which is a body corporate and politic organized and existing under the laws of the State of (herrin called the "Stale") and a "public housing agency's as defined in the Art In consideration of the nnrtu:d covenants hereinafter art forth, Ihr parties beret,, do agree, as follows: Sec. 1. Maximum Limitation, Corporation Agreement, and schedule for Completion of Development program (A) The Load Authority is undertaking preliminary .surveys and planning for low -rent housing as defined in the Act, as follows: E.11iniated fsslimaled Cost Minimum Date by Which Number of of Preliminary Lo:nn Development Progra, D%elling Surveys and Interest Must be Submitted I.orabll Units Planning .-_ R:ur__ to Government Iowa City, Iowa 48 $69,200 6 5 T, ecember 15, 19B !a Y r •Sao 7 C B 5 8 (11) Willi respect to such low -rent housing and in compliance with Sec. 15(7)(a) of the Act the governing body of each locality in which such housing will be silu:urd has by resolution approved the application of the Lural Authority for the loan provided for in the Contract with respect to such housing and Ihr Local Aulhorily has demonstrated to Ila• satisfaction of the Government that there is a neat for such low -rent housing which is not being nvI by private rnlerprise. In compliance with Sce. I0(a), See. I0(h)and See. 15(7)(h) of Ihr Art the local Authority has entered into, and the Government has approved, :ut agreement with each such governing Indy, as follows: Governing bodv of Iowa City, Iowa Date of Agreement April 4, 1976 (C.) 'IL, making of this Conlraet and the undertaking of the loan as herrin provided have, been approved on kb&,4?ax program Reservation Sri-. Y. Number of Dwelling theirs Covered by'flde Contract dated June 23, 1978, as Amended December 15, 1980 (A) Thr number of dwelling units covered by this Contract shall be Ihr aggregate of thr Estimatcd Number of Dwelling Units specified in Sec. I (A). subject to reduction as follows: (1) Upon the execution of an annual conlribu lions contract or amendment thereto, as provided in Sec. 23, for any dwelling units comprising a lrrojeel covered by an approved development program prepared pursuant to this Contract, the number of dwelling units covered by this Contract shall be reduced by such number of units: and (2) The Government may at any time and from time to time reduce the number of dwelling units covered by this Contract in a number to be .speeiRcd in a written nnlire to (hr. letcal Authority if the Government, in its sole rliecrelion, determines that: (a) The Local Authority is not expeditiously proceeding with the preliminary surveys and planning of such number of dwelling units; or (b1Thc need for such number of dwelling units has decreased or terminated; or (r) The powers of the Secretary of Housing and Urban Development or of the Local Authority to enter into an annual contributions co ilru l or amcntlent•n1 thereto with respect to such number of dwelling units has leen or will be curtailed or terminated; or (d)The number of dwelling units remaining under this Contract is too small to serve as the basis of a feasible project; or (r) For any other justifiable cause the number of dwelling units should be reduced. (ll) Willi respect to the dwelling units eliminated from this Contract pursuant to clause (1) of this Sec. 2(A), the Local Authority shall not incur :utv additional roll or expense under this Contract chargeable to the preliminary surveys and planing of such dwelling units. (C) With rrspccl In the dwelling units eliminated from this Contract pueSuani to clause (2) of this See. 2(A), the Local Authority, upon receipt of the entire ,d such reduction, shall refrain from incurring any obligations with respect In the pr•liruinary surveys and planning of such dwelling units, shall lAv It, uxpecl to any obligations already incurred whatever action is reasonably necessary to preserve monies and assets (including termination or settle. mcnl of must :ending contracts), and shall take all other actions nrcrosary to slop overhead expenses and losses. Ser. :1 Preliminary Surveys and Planning Leading to Preparation of r`_vedopuuaut Program (AI The Loral Authori ly shall expeditiously: ( I ) Carry out such housing and economic, surveys as arc necemary for the preparation of a development program or programs. Action to cnndurl any such survey shall not be taken until agreement has bren reached with the Government as to its type, extent, methods, standards of�+�J anauacy and reliability to be achieved, and Ilio proposed cost. If any Such .Survey is to he conducted on contract for the focal Authority, rbcs,,/ 1 / Page 6 of 6 Pages HUD -52480 R•v. 12/71 Page 2 of 6 1•ugr contract shall be made only with a person, firm, corporation, or govr omental agency that has been approved by the Gevernml•ul for conducting such type of survey; (2) Consider decent, safe, and sanitary housing already available in each locality which may be acquired and used in lieu of dcvclnping new low -rent housing units; (3) Select a site or sites, study the feasibility and cost thereof, and (4) Prepare a development program or programs (including tentative plana and outline specifications) for the project or projects which shall be designed in conformance with and to the minimum standards prescribed by the Government. Each such development program shall (a) be in form and substance as required by the Government, (b) be submitted to the Government not later than the dale specified therefor in Sec. 1 (A), and (c) include a description of the site or sites, the number and type of dwelling units and their facilities, the estimated development cost, and ..rbrdules for completion of land acquisition and relocation of site occupants, final plans and related documents, and construction of each project, and much other data and documents as the Government may require. (B) The Local Authority shall not incur any obligation or expense in connection with the performance of this Contract in exrrn., Of the agarrgao• Estimated Total Cost of Preliminary Surveys and Planning specified in Sec. 1(A). (C) The Local Authority shall not, without the prior approval of the Government, incur any obligation or expense in counren,m with the per- formance of this Contract (1) in excess of the Estimated Coat Of Preliminary Surveys and Planning for any locality as specified in Ser. I (A) or (2) with respect to a number of dwelling unilslin excess of the number of dwelling units covered by this Contract for such locality.[ (D) The local Authority shall not, without the prior approval of the Government, incur any obligation or expense in connection with the per- formance of this Contract with respect to any locality not specified in See. I (A). Sec. 4. Selection of Sites and Study of Feasibility and Cost (A) The Local,Authodty, unless the Government otherwise approves, shall provide by contract for necessary services of experts in their respective fields for land surveys, title information and legal services for land acquisition, appraisal, and option negotiations. Such contracts shall riot be entered into in respect to any project sit(-, prior to tentative approval by the Government of such site. , (B) The Local Authority, unless the government otherwise approves, shall obtain a formal appraisal on each parcel and obtain Government approval thereof before laking an option thereon. In no case shall persons who have made .such appraisals be employed to negolialc oplions. (C) No part of any funds made available to the Local Authority under this Contract shall be used to acquire land, In make any payments for option negotiations, or to make any payments (other than nominal payments of one dollar per option) as consideration for oplions, nor shall irrevocable conn rnitments to acquire land for any project be made before Ibe execution of an annual contributions central,[ covering such project. See. 5. Architectural and Engineering Services Unless otherwise approved by the Government, the Local Authority shall provide by contract in form and substance approved by [be Govemmen[ for the services of qualified architects and engineers for the preparation of plans, drawings, specifications, and related documents, and for the general supervision and for tire inspection of the construction of the housing project propowd for development as described in the development program. Tire Local Authority shall in accordance with the terms of such Conlucl, prohibit each such contractor from proceediing, before the execution of antannual con. tributions contract, with any work beyond [hut necessary for (lie selection of project sites and the preparation of development programs. Sec. 6. Prevailing Salaries or Wages (A) Each contract entered into by the Local Authority in connection with the performance of this Contract under which any architects, technical engineers, draftsmen or technicians are employed in such performance shall require that there shall be paid, and the Local Authority shall itself pay, m all such employees not less than the salaries or wages prevailing in the locality, as determined or adopted (subsequent to a determination under applicable State or local law) by the Government. (B) Each contract identified in subsection (A) of this Sec. 6 shall provide that the Local Authority will not make any payment under such contract unless and until the Local Authority has received a signed statement from the contractor that such contractor and each of his subcontractors has made payment to each class of employees in compliance with the: provisions of subsection (A) of this Sec 6. The local Authority shall not make any such pay- ment unless and until it has received such signed statement. (C) Each contract identified in subsection (A) of this Sec. 6 shall require that if till. contractor or any of his subco lraclors finds it necessary ur desirable to exceed the prevailing salary or wage rates specified in his contract, any expense incurred by the contractor or subcontractors because of the Payment of salaries or wages in excess of such amounts shall riot be cause for any increase in the amount payable under his contract. 'I'll(- Local Authority shall not consider or allow any claim for additional compensation made by Ihr contrac.lor or subcontractors because of such payments. Sec. 7. Wage Claims and Adjustments (A) Each contract identified in subsection (A) of Sea 6 shall provide that in cases of underpayment of salaries or wages to any architects, technical engineers, draftsmen, or technicians by the contractor or any of his subcontractors, lite Local Aulhorily may withhold from such contractor out of payments due, an amours sufficient to pay persona employed on the work covered by the contract the difference between the salaries or wages required to be paid under the contract and the salaries or wages actually paid such employees for the total number of hours worked, and shall further provide. that the amounts withheld may be disbursed by the Local Authority for and on account of the contractor or the subcontractor to the respective employees to whom they are due. The Local Authority shall in caeca of such underpayment withhold such monies: Provided, That the focal Authority shall not be considered in default under this sentence if it has in good faith made payments to the contractor in reliance upon a signed statement of the contractor that the salaries and wages required under his contract have actually been paid. (B) All questions arising under this Contract, or under any contract identified in subsection (A) of Sec. 6, relating to [lee application or interpre- tation of Ser.. 16(2) of the Act shall be referred to the Secretary of Labor of the United Slates for ruling or interpretation, and such ruling or interpretation shall be final. Each contract identified in subsection (A) of See. 6 shall embody the provisions of this subsection (B). ' Sec. B. Equal Employment Opportunity In connection with the performance of this Contract, the Local Authority shall nal discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The. Local Authority shall I:dec affinnalive ac.lion to ensure that applicants are employed, and that employees are treated during employment, without regard to race, color, religion, sex. a u..limn l origin. Such action shall include, but not be limited In, the following: employment, upgrading, demotion, or transfer; recruitment or rcennhnrul afivernsing: layoff or termination; rales of pay or other forms of cumpcnsatien; and selection for training, including apprenticeship. The Lural AnlLoi it ,llall Insert the foregoing provision (modified Only to J,ow Ik particular contractual relationship) in all its contracts, except contracts for sland:u,I rmnmcrrial supplies or raw materials, and shall require all such Inwraclors to insert a similar provision in all subcontracts, except subcontracts lar sl:mrlanl rnmmercial supplies or raw materials. The Lural Aulbonty [hal ted pursuant to K,•r 1.t will roldain the provisions vela ling ill equal rniployinei I espany annual contributions contract or amendment execuy required by Executive Order 11246 of September 24, 1965. .: HUD -52d SO Rev. 12/71 Ser. 9. Insurance and Fidelity Bond Coverage Page 3of6P (A) The Local Authority shall obtain or provide for the obtaining of adequate fidelity bond coverage of its officers, agents or employees handling rash or authorized to sign checks or certify vouchers. The Local Authority also shall carry such other types of insurance as may be required by the Govemm (B) Each insurance policy or bond shall be written to become effective at the time the Loral Authority becomes subject to the risk or hazard covere thereby, and shall be continued in full force and effect for such period as the Local Authority is subject to such risk or hazard. Such insurance and bonds shall ( I ) he payable in such manner. (2) be in such form, and (3) be for such amounts, all as may be determined by the Local Authority and approved by lhi Guvrnnne Ill, and shall be obtained from financially round and responsible insurance companies. (C) 'rhe Local Authority shall require that any liability insurance, policy prohibit the insurer from defending any tort claim on the ground of immun of the Local Aulhnrily from suit. (D) The Local Authority shall submit certified duplicate copies of all insurance policies and bonds to the Government not leas than forty-five days before the effective dale thereof for review to determine compliance with this Contract. Unless disapproved by the Government within thirty days of the da submitted, Ihr policies and bonds submit fed shall be considered as approved by the Government. (E) If the Local Authority shall fail at any time to obtain and maintain insurance as reqnirrd by subsections (A) and (B) of this Sec. 9, the Govemm may obtain such insurancr on behalf of the Local Authority and the Local Authority shall promptly reimburse the Government for the cost thereof togelhe with interest at the Loan Interest Hate. Ser.. 10. Procurement hm the purchasing of equipment, materials, and supplies, and in the award of contracts for services or for repairs, maintenance, and replacement, Ihr Local Authority shall comply with all applicable Stale and local laws, and in any event .shall make such purchases and award such contracts only to Ihr lowest responsible bidder after advertising a sufficient time previously for proposals, except: (1) When the amount involved in any one case does not exceed $2,500; or (2) When the public exigencies require the immediate delivery of the articles or performance of [tie service; or (:1) Wbru ()Illy one olrrr of supply is available and Ihr purchasing or contracting officer of the Local Aulhorily shall so certify; or (4) When the services required are (a) of a technical and professional nature, or (b) to be performed minder Local Authority supervision arid paid for on a lime basis. Sec. ll. Personnel (A) The Loral Authority shall adopt and comply with a statement mf personnel policies comparable with pertinent local public practice. Such statement .shall cover job titles and classifications, salary and wage rates for employees other than those whose salaries or wages are determined pursuant to Sec. 6, werkly hour. of work, qualifica lion standards, leave regulations, and payment of expenses of rmploye.es in travel status. (II) Thr Lurid Authority may charge contributions for participation in a rrtirrmenl plan for its employees to lite rust of performing this Contract rvhrrr surh plan has bren approved by Ihr Government or is requirrd by law. (C) The Loral Au lhority shall maintain complete records with respect to employers' leave, authorizations of overtime and official travel, and anrheraauppurl ing n•iniburscmcnt of travel expense. (D) No hods may be used to pay any compensation for the services of members of the Local Authority. Sec. 12. Retention of Contract Rights With respect In all contracts entered into by the Local Authority in connection with the performance of this Contract, the Local Authority (1) excel in an emergency e.ndangcring life or property, shall not, without Government approval, amend, modify, or consent to any change in any such contract or contractual provision which is required by [his Contract to be approved by the Government: (2) shall at all times retain, presrrve, and enforce all its rights under all such contracts; and (3) shall not, without the prior approval of the Government, waive, release, or compromise any right or claim which it may ha under any such contract. Sec.. 13. Lcian by Government Subject to and in accordance with the provisions of this Contract, and in order to assist in preliminary surveys and planning for the dwelling units covered by this Contract, the Government shall lend to the Local Authority an amount not in excess of the aggregate Estimated Cost of Preliminary Surveys and Planning spreificd in Sec. I (A), less the amount of any retirements of any Preliminary Notes or Temporary Notes from funds other than the procre:ds of any loan obtained by the Local Authority under this Contract. Src. 14 Advances on Loan by Government (A) The Government will from time to time advance monies to the Local Authority on account of the loan provided for in this Contract upon a .showing satisfactory to the. GOVenmmr that there is then need for such monies to pay the cost of preliminary surveys and planning in respect to the number of dwelling units covered by this Contract. (B) Each advance. shall be evidenced by an obligation herein called "Preliminary Note") duly issued and delivered by the Local Authority in a fon() satisfactory to lite Government, which obligation shall bear interest on the unrepaid principal amount thereof from the date the advance is made b, the date of repayenrnr at the rale or rates (herein called "Loan Interest Rale") as the Government determines on the dale such advance is made and rvdrtrnunrs on each anniversary of such date to be equal to the rate per annum borne by Government obligations on each such date pursuant to Sec. 20 of [lie Act: Provided, Thal the Loan Interest Rate for each advance, which shall be adjusted annually as provided herein, shall not be less than the Minimum Loan Interest (tate. Each Preliminary Note, together with interest thereon, shall be due and payable on demand and shall in any event become litre and payable, without demand, forty years from the Date of This Contract. (C) The Government shall not be obligated to make any such advance: (I ) Unlems a requisition therefor is filed by the Local Authority accompanied by (a) a signed detailed statement demonstrating the purpose and need at such time for the monies requested and the progress it has mad in the preparation of each development program, and stating the amnunls to be uw•d for each locality, (b) a certificate as to compliance with the provisions of Sec. 16(2) of the Act relating to the payment of pre- vailing salaries and wages, and (c.) such other data and documents which the Government may require; or (2) With respect to any amomrt or amounts for any locality for which the Local Authority has not demonstrated to the satisfaction of the Government (a) the purpose for which any such amount will be used, (b) the need therefor at such time, or (c) that any such amount is consistent with Ill.- rate of pn,gnms tit(- (oral Authority has made in the preparation of the development program for such locality; or /S0 9 HUD -51480 Rev, 11!71 1'age 4 of G Page, (3) If the applicable development program ran tin I b, suhmi I lyd h .lie Government in approvable form on or before the date specified therefor in Sec. 1(A); or (4) If the total of the advance requested plus the sum of the principal amount of all Preliminary Notes then outstanding and lite amount of advances which the Government has agreed to snake as security for any Temporary Notes would exceed the amount of the loan provided in Sec. 13, or (5) For the payment or reimbursement of costs or expenses with respect to any dwelling units not covered by this Contract at Lite time such advance is requested except as provided in subsection (C) of Sec. 2; or (6) If the Lout Authority is then in default under any of the provisions of this Contract; or (7) If any litigation is pending or threatened which would materially affect the performance by the Local Authority of its obligation under this Contract. (D) No funds shall be used to reimburse the Lucid Authority for expenses or debts incurred before the Date of This Contract unless Ib. Govenr ment approves such reimbursement. Sec. 15. Temporary Coarse Al any time and from time to time the Local Authority may, as approved by the Government, obtain loans from others than Ih, Govrn nivni in anticipation of the delivery of Preliminary Notes, which loans shall be evidenced by notes of the local Authority (each of which is herein called a "Temporary Nate"). In obtaining such loans, the Local Authority shall comply with all the applicable conditions precedent to the obtaining of advences from the Government. See. 16. General Depositary Agreement and General Fund (A) Promptly after the execution of this Contract, lite Local Authority shall enter into, and thereafter maintain, ons or more ul,Rrrnuants, which are herein collectively called the "General Depositary Agreement", in a farm approved by the Government, with one or inure hunks (each of which shall be, and continue to be, a member of the Federal Deposit Insurance Corporation) selected as depositary by the Local Authority. Immediately upon the execution of any General Depositary Agreement, the Loral Authority shall furnish In the Government such executed or conformed copies Ihrrcof as thr Covernment may require. No such General Depositary Agreement shall be terminated except after thirty days notice to the Govcrnmenl. (H) All monies received by or held for account of lite Local Authority in connection with this Contract shall constitute the "General Food. - (C) The Local Authority shall, except as otherwiw• provided in this Contract, deposit promptly with such hank or banks, under the terms of the General Depositary Agreement, all monies constituting the General Fund. (D) The Local Authority may withdraw monies from the General Fund only for ( I ) the payment of costs of preliminary surveys and planning (including administrative expenditures), (2) other purposes specified in this Contract, and (3) other purposes specifically approved by [list Government. No withdrawals shall be made except in accordance with a voucher or vouchers then un file in the office of the Local Authority staling in proper drlail the purpose for which such withdrawal is made. (E) If at any linin (lie Local Authority has montes on deposit in the General Fund in excess of its prudently estimated needs for the Perrortnanrr of this Contract for the next ninety days, the Local Authority shall promptly apply such excess monies to the payment of Preliminary Notes or Temporary Notes. (F) If (1) the. Local Authority, in Its- delerminaunu of the Government, is in default in the perfnrmuhce of its obligations under This Contras 1, or (2) the Local Authority snakes or has made any fraudulent or willful misrepresentation of any material fact in any of the durumets ur data snbmiln (I to lite Government pursuarrt to this Contract or in any durunent or data submitted to lir Government as a basis far this Contract or its ;its redo semen! In the Government to enter into this Contract, or (3) this Contrast is terminated pursuant to Sec. 24, then the Government shall have the right to requur any bank or other depositary which holds any monies of the General Fund to refuse to penuit any withdrawals of such monies: Provided. Thal upon the curing of such default lite Government shall promptly rescind such requiremrnl. Sec. 17. Pooling of Funds Under Special Conditions and Revolving Fund (A) The local Authority may deposit under the terms of the General Depositary Agreemrul monies and srcurilics received or livid by Inc Local Authority in connection with any other housing pursuant to the provisions of any contract for preliminary loans, annual contributions, administration, or team- between the Local Authority and the Governmrnl. (H) The Local Authority may also deposit under the terms of the General Depositary Agreement amo nus necessary for current expenditures of any other project or enterprise of the Local Authority, including any project or enterprise in which the Government has no financial interest: Provided, Thal such drposils shall be lump -sum transfers from the depositaries of such other projects or enterprises, and shall in no event be deposits of lite direct revenues or receipts of such other projects or enterprises. The amounts so deposited each mouth shall not exceed a reasonable, and prudent estimale of n.p<:ndi lures for such month with respect to such other projects or enterprises less any balance remaining under the terms of lite General Depositary Agreement in connection with such other projects or enhcrpriscs. (C) If the Local Authority oprrales other projects or enterprises in which the Government has no financial inlnnesl it may, train time In time, withdraw such amounts as the. Government may approve from monies on deposit under lite General Depositary Agreement for deposit in and disburec- ment from a revolving fund provided for the payment of items chargeable in part to the performance of this Contract and in part to olhcr prgevts ur enterprises of the. Local Authority: Provided, That all deposits in such revolving fund shall be lump -sum Iransfers from the depositaries of the rdaird Projects or enterprises and shall in no event be deposils of the direct revenues or receipts. (D) The Local Authority may establish Indy cash ur change funds in reasonable amounts, from monies on deposit under the Grewal Deposilary Agreement. (F.) In no event shall lite Local Authority withdraw from any of the funds or accounts authorized under this Sec. 17 amounts far lir prrforuanrc of this Contract or for any other project or enterprise in excess of the amount then an deposit In respect thereto. Sec. 18. Prohibition of Other Loans The Local Authority shall not, without the approval of the Government, obtain, from any source whatsoever, any loan in connection with the performance of this Contract other than those specifically provided for under this Contract. Sec. 19 Hooks of Account and Records The local Authority shall maintain complete and at -curate books of account and records, as may be. proscribed from lino to limn by Ihr Gait m- Ineonuection with lite performance of this Contra, 1, Including records which permit a speedy and effective audit and will fully Inclose Ibe auuunl iisposition by the Local Authority of the loan, or any supplement thereto, the cast of Ihe preliminary planning, .surveys and land acqui,itiou, kn.1, f any private or other non -Fest -rd funds used or 67ants in -aid made fur or in connection with such preliminary planning, sower.. len. Such records shall include, anong nlhers as may be, required, (1) books of account and ufhrr fiscal records in aceonmce wnlheeounls prescribed by the Govennncnl, (2) operation records, and (3) personal properly records which shall include an annual inventory 44,-9-0 S., Lb 1.7nancial and Operating Statements 1'uge 5 of 6 Pages Th, I.oral Au l horst) ..hall fun list Ir I; nvrnunrrrl snrh bola.... sal, nprra I iug. end slat ki iraI re pot l., recurs Is, shit emenIs, :uill efforts nif-ii Is;d vvh Inur.. m.1-. h 1'onn,:u d oc..unolca.l... I by ,urh suppnrling data, all 1, I.at r-asouabhy be rrflour r,l Innis Inn- to Inur Ili Ihr Covrrnmrnl. S-. 21 Access la Itry cards ant] Projccls; Audits (A) • II.• Currnmlenl and Ihr Gouplrollrr Ih•urnl of Ihr Ib:iled Slates. ..r his duh mllbonv al represrnlalives, shall h:rve full :caul fr,e avers, In all it,, Lo�.l.., ln.... oil ,I,, papers, and n'rorrin sol Ihr Lural Aulhorilr that are i-rlinenl In its np..r,,hon. w if, rrspr.I In financial osis, sl;nus• tit, der Ihe• Ac I, ,If. ln.hug Ih, ngLl l., a.,dt,:u.it In u.ake rarrrpls:unl Ir:m e-npls Lun„urh hooks 11-11 record.. (h'1 The Local An lhler.Iy Jell unI charge as an Ihist of cosh in Ihr isrh. roaster o III:s Con l r1-: I Ir rust err rxIn IN, of any audit unless( I ) the G. n'rtuluenl ha, apprflv... I .nett audit, 1-r ( •2) sur If auda is rrqulred h) I:nv. Ser 22 Approval.. and Notice.. ( ll lyheorr rr undvr IIli s I:oul. nrl :1 ppruvals, an l bonze l n. ns, d- Irr an na l itons, sit l IsfaeI w1, .err , I, ,rs.,I Ihr Cuv,num-,II are tell 11 itell ,such .ipprm:d.,:m lhnnzu l Ions, I -h'nn 1-,a l ion,, s;: l is fad funs,.,r wait re, shall he ,(feel ivr and valid ung) 1,1.'11 giv-n sol Iter( I) by general orders or regu I lions .tuts .ssnrd Innis lime I., ling• by the Cover n iron, ler (2) in si -rifir rases, 1-1 wriling,,igued by a duly :ndhurirrl officer of Ihr Gnvrnonen[, and d. hv..... I,, it,, Lo,A Andn,rily (11) Ant, n.,li, . err demand given under this Cunlrarl shall Is• no writing, and signed by a Jnl, .sot Lonzrd officer of the early giving such notice or demand. Such nnliev or demand shall he deemed it, have. be -ll giv, 11 at Ihr limn 6 shall have been rrr-n rd ;it Ib, prim ilial office of III, party to wbom d i, din•rl.'.1 S.. 2'I. Fast, lion of Annual Contributions Contract (A) I Ilpou approt'al by [lie Government of a dcvrlopmrnl program, pro pared pursuant u. this Contract, the Local Authority shall execule an annial nmuilndious rlmlracl or amend am outstanding annual contributions contract revering the protect err projects described in such development .in i, ,h, rh annual ronlribulions run Ind will be nn Ihr Irons and vnnd it ions IItrn prose ri bell b, Ihr Glevenunrnl fur projects assisted uudrr Ilrr \rI .wd w ,,If , ofu u, IIte following provismus. '•Nm disedmination in Housing "(:I) The la,eal Authority shall nol discriminate because fll'race, ruler, creed, or national origin in the sale, leasing, rr•nlal, or other dl.posinou of housitig or rrl:led hmihilirs (including land) inrhudrd in any Project or Projrris initially covered allrr November 20, 1962, by a -n.,trael for annual contribulmn, under III,- United Slates Housing Art 1-1 19:17, 1-r un Ihr use- for ,tvul)anc% Ih-reed.'I'hr Local Authority shall tool, on .to rump ..f rare, culler. -reed, or na Donal origin, dent, loo arty family On oppurlunily In apply for such licensing, nor drny to any eligible opphr.ull the oppurlunily In Ira,, or re -Til any dwelling in any such hnusing snisable loo .Is nerds. "(b) 11- conned mn with he d-vehopnu•nl and nprra)inn of such IfnfjerI inn l ill] I nor rn•d all er I amuary 2. 1965, hl au annual con lri- Ili, nono, run Ira-, if Ihr Ihulyd Slates Ilousing Art for 19:17 :,fill I' it as If as sot It Project it any portion Ihereof ie used for or i1- rounrc l ion ,rill, ho, -nut Lousing fur fandlirs of low iucunw, the Lural Authority will rougdy r, ill, all requirements ini[n sed by lille VI of the Civil Itighls Ael .l 196t, Public Law 611-352, 711 Slat. 241; Ihr rl•I,n Ilations of lite 1)rparlmrul of Housing and Urban Dcvr•Inpmrnl issued thereunder, 24 CFII, q,hl,llr A. Parl I, srrli ml 1.1 rt- srq.; and Ihr rr•gwrrmrnls of The- said Dvparhnrnl pursuant 1,,,aid regulations. Thr Local Authority will, let . autrael.,al requirement, covenad, or other binding f u niminu'nl, assure ILc same runrpllauue on the part of any ,solemranler, conlnc lir, slob. -onlr.,, tor. Ir .... 'rnv, sur.I .it 1-t inlen•SI, ,r flitter participant 1-1 Ihr program 1-r arliv,ly, sorb I t,mnisnu•nl In Include Ihr following rhauer 'This pmv.sio . is inrludrd pursuant In the rrgrdnlions of list- Department .,f Iluusing;life] Urban Development, 24 (:Fit, Subtitle' A, )fart 1, seclinn 1.1 er scq., issued under lillr. VI of Ihr said Civil Right, A.•I rel 1961, and Ili,- rrgwrrmrnh of Ihr said Ilrparlrnr•nl puevu:ml to said regulations; and Ihr nhligalion of Ili, ]rnnlrarlor or of her] to eungly Iherrwil1, mores to Ihr benefit of Ihr United Slates, she said Department, and (he Loral Authority, any of whirls shall he ,totaled In inm.kr any remedies available by law to redress any breach Ihen•of or 11- ronoprl compliance Own•wi Its by Ihr Iruntrarlor err ulh,rl' '•TLi. ,ob,velion (b) supersedes sick ecllon (a) abovl• with rvipr :l it, all lerojr•r'Is rovered by this subs elion (b) rxe.•pl insofar as raid su Lsrctilen (a) pm6dnls discrimination because of creed." Sieh r.nur,,rls will also provide that the Local Anlhurilyfs failure to comply with she foregoing proslsion of st)xsrclimn (A)L will eouslilrdr a substantial drfa idl under Ihr I oolnrl by reason of which the Luca] Authority, at Ill., option of the Government, shall convey litle to, or deliver possession of, the proj-d 1-r prop -eh to Ihr Government. 2. Neither Ili.- rxeculion of Ihis Contract, mor any nets in pursuaure thereof shall lir emeotnled as nunslituling any legal obligation by the Govern- nn•nl lo,solve lint., any annual contributions contract in connection with any low -rent housing projects, it bring expressly understood [hat she Government will, in its sot, discretion, determine whel Ler or no[ such annual contributions contract 1-r cunlracts shall he entered into. (Il) I Ilion Ihr execution of an annual contributions contract or anmrndmmt !hereto for any dwelling units comprising a project covered by an approrrd 11.•vehupnuvd program prepared purno to this Contract, Ihr obligations of the parties under Ihis Contract with respect In such dwelling units ,hall trnninxl.. ..... l file Lewitt Authority shall use any funds becoming available under such annual ronlribulions contract for she development of such dwelliug units for Ihr paynwnl of outstanding Preliminary Notes fer 9'rmporary Notes equal to (1) Ihr• unpaid interest accrued on all such outstanding No I.... ..gust Io ( I ) ILc .,.paid intrust argued on all such outstanding Nunes Io the dale of paymen l, (2) Ihr full cost, Iesa any arnouII of such ,,nal I II.urltol torr apPled to ILc paymenl of .vetch Notes, of all preliminary housi rig and econfine is- .serve ys made by Ihr• Local Authority pursuant tis Ihis Contract, a old (:I) all ..I bre cods of prOhni nary surveys and planning( including admi list raIive rx pe out lures) applicable to such dwelling units. tier. 21 fligrl 1-l' Government To Terminate Contract Thr Gnvrtit ties l nay at any Iiinr by "ober 11- Ihr Loral Au tLnri I declare Ihis (:,In l tact I,nu iia ted If ( I ) Ihr Lural Au hori I has ma do any fraudu- lens err willful misreprese'Illation of any material fact In any document fir (lain submilled 11- Ihr Guvrrnm,ul as a basis for Ihis C.onlracl oras an inducement la Il.r Guv,nnnrut 11- ruler iIllfl this Centimes, 1-r(?) the Lural Authority, in the drlrnuinaliuu o1' the Governmrul, has defaulted in 11re performance of any of its oLhgafiuns under [hr provisions of this Contract, or (7) Ihr ]ural govenuog hold, .I o., local public- agencies have failed or refused to take any nrliuu required for the suvecssful development of a low -real housing proj,rl or c..eul...i o, Ih. ex,, olion of an annual contributions contract, or (4) pur- .Irznt to subsection ( A) of S. r. 2 Ihr number of dwelling units cuvr•rrd by [his Con!. a. , I. loo ...-ill to Serve as a basis for a feasible project, or (5) the Inman Authority shall fail 11- suhntil to the Government any development progrom to nnom:d,U lorin on or before she date specified therefor in sukv, limn (A) of Se(-. I : Provided, Thal the termination of this Contract shall tool :d .... -. it— -hhd ition of the Local Authority to pay the principal of .mJ int crest ton oulslaudmg Preliminary Nunes or Temporary Notes. .. _ Waiver err Ammndmenl ( A ) ',soy right or n•uu•dy wlnrb Ihr Government may have under Ihis Cunlrart may Ia, w,,i,i it ut writing by the Government without Ill, execution of a urw of; „upplemmdal agrvel n old or by mulled agrennenl of the parlir.a hereto Ih:.. I' n.oarl nay h, amended in writing. /SS/ HUD-52ad Rev. 14/71 Page 6 ,.f fi Vag. (B) No act of the Government (except the issuance of a waiver in writing), nor any omission by tire- Government to act, shall ronslaule or le con. strued as a waiver of any provision of this Contract or of any default or breach , lite Local Authority. No waiver by the Government of a specific dcfaoll or breach under this Contract shall constitute a waiver of, or any agreement to waive, or a precedent I'or waiving, any similar default or breach std osrtluvitlly occurring hereunder. Sec. 26. Severability of Provisions If arty provision of this Contract is held invalid, the remainder of this Contract shall not be affected thereby if such remainder of this Contract would then continue to conform to the terms of the Act. Sec. 27. Inlornt of Memlrera, Officers, or Employees of local Authority (A) Neither the local Authority not any of its contractors or their subcontractors shall enter into any contract, subcontract, or arrangement in connection with the performance of this Contract or any property included or planned to be included in any low -rent housing project in which any mrmber officer, or employee of the Local Authority, cr any member of the governing body of the locality in which the project is situated, or any memh- r of III, governing body of the locality in which the Authority was activated, or any other public official of such locality or localities who exercises any r, poo n bilities or functions with respect to the projectduring his tenure or for me year thereafter has any interest, direct or indirect. If any such present or I„rmer member, officer, or employgc of the Local Authority, or any such governing body member or such other public official' of such locality or localilies in- voluntarily acquires or has acquired prior to the beginning of his tenure any &tell interest, and if such interest is immediately disclosed In lite local Awhoray and such disclosure is entered upon the minutes of the Local Authority, lire local Authority, with the prior approval of Ilene Government, may waive the prohibition contained in this subsection: Provided, That any such present member, officer, or employer shall not participate rah any ¢Aunt by the Local Authority relati�g to such contract, subcontract, or arrangement. (Ii) The Local Authority shall insert in all oordraels entered into in connection with the performance of this Contract or any properly included err planned to be included in any low -rent housing project, and shall require its contmclors to insert in each of its subeontracls, Ihr following provison: "No member, officer, or employee of lite Local Authority, nu member of the governing body of the locality in which the project is situated, no member of die governing body of lite locality in which Ihr. local Authority was activated, and no other public official of such locality or localities who exercises any functions or responsibilities with rospect to the project, during his tenure or for one year thereafter shall have tiny interest, direct or indirect, in this contract or the proceeds therrof." (C) The provisions of the foregoing subsections (A) and(B) of this Sec. 27 shill not be applicable to the purchase or sale of Temporary Notes, or to Ihr General Depositary Agreement, or utility services the rales for which are fixed or controlled by a govrn. mental agrucy. S, -c. 28. Members of Loral Authority Not Individually Liable NO mender err officer of the Local Authority shall he individually liable ou any obligalion assumed by ]he- Loral Aulhority brrcundrr. Ser.. 29. Interest of Member of or Delegate to Congress No member of or Delegate to the Congress of fire United Statesof America or Resident Co muissioner, shall Ie adrml led le any share or part err this (:)ntrurl err to any benefits which may arise therefrom. Sec. 30. Rights of I%W Patties Nothing contained in this Contract dull be construed as orratingor justifying arty claim against the Goverornent by any third party. Sec. 31. Modular DesiZu The plans, drawings, mrd epeeifintias [arrack hunting project small follow the principle of modular uxeawre in every rase deemed feasible by the heal Authority in order that such project may be built by conventional mnatruction, on-site fabriralwn, factory pre -culling, factory fabrication, or arty crmbinaUon of such construction asseduld, See. 32. Pecmtnaae of Caseditiom b Vao of illi, (creast The Local Authority certifies that all comiliom precedent to the valid execution and delivery of this Contract on its part have been complied with, that all things necessary to conslimte this Coatraet its valid, binding, and legal agreement on the term, and condition and for the purposes herin ret forth havr been done and have occurred, and that the execution noel delivery of this Contract on its part have leen and are in all rrspecls authorized in accord- enee with law. The Caveramcni similarly certifira with reference: to its execution and delivery of this Contract. IN WITNESS WHEREOF, the Local Authority and dor Government have caused this Conlrarl In b, executed and the local Authority has eanscd .Is will to be hereunto affixed and attested all sd of the Date of This Contract first above written. (SEAL) ATTEST: KI AB 1E SMTOLFUS;,: -- ITY CLERK CITY OF IOWA CITY, IOWA (Local Authority) J OHN R. BALMERr MAYOR UNI'T'ED SPATES OF AMERICA S,•er•tary of Ilousoig and Urban Development Des olnes Service Offic� Norman C. Jurgens,CS rvisor / w (/ern sys. sus HUD -62613 Pp.I oft No..mb., 1969 No. SUBSTITUTED PRELIMINARY NOTE City of Iowa City, Iowa ,-onzracz No. m. -vuol Project IA 22-3 (herein called the "Local Authority") for value received promises to pay on demand or to pay in any event without demand forty years from the date of the Preliminary Loan Contract, to the United States of America (herein called the "Government") or order an amount, with interest thereon to the date of payment, equal to the aggregate amount of advances made to the Local Authority by the Government pursuant to the Preliminary Loan 'Contract between the Local Authority and the Government. The date of the Preliminary Loan Contract and the maximum aggregate amount of advances are as follows:. ryyrece 7, 19,Xl Date of the Preliminary Loan Contract: PDec2mtSer Maximum Aggregate Amount of Advances: S 69,200.00 This Note is issued to aid in financing the preparation of preliminary surveys and planning of low -rent housing pursuant to the Constitution, and statutes of the governmental entity specified below and herein called the "State," and pursuant to provisions of a resolution (herein called the "Resolution") duly adopted by the Local Authority on the date, as follows: STATE RESOLUTION ADOPTED IOWA December 30, 1980 Interest hereon shall accrue at the interest rate provided in the Preliminary Loan Contract only upon the difference in amount from time to time between the aggregate amount of advances and the aggregate amount of repayments of principal made on this Note. Each payment on account of this Note shall be applied to interest then accrued and the remainder to principal. Each advance, repayment, and interest payment on this Note shall be duly recorded by the holder hereof, by date, amount and type, upon the "Statement of Advances and Repayments on Account of Note" which is made a part of this Note whether appearing on the reverse hereof or attached hereto. Both principal of and interest on this Note are payable at the office of the Secretary of Housing and Urban Development in the City of Washington, D.C., in lawful money of the United States of America. The full faith and credit of the Local Authority are hereby pledged for the payment of the principal of and interest on this Note. As additional security for the equal and ratable payment of the principal of and interest on this Note, together with all other notes issued pursuant to the Resolution, the Local Authority, to the fullest extent permitted by the laws of the State, hereby pledges, mortgages, conveys, and grants, and by this Note and the Resolution has so pledged, mortgaged, conveyed, and granted unto the Government its interest in all the real and tangible personal property wheresoever situated which it has acquired or may hereafter acquire in connection with or relating to the low -rent housing undertaken pursuant to the above -designated Preliminary Loan Contract. if the preceding sentence shall be adjudged by a court of competent jurisdiction to be invalid or ineffective it is the intention of the Local Authority to be fully obligated under the other provisions of this Note and that such judgment shall not impair or invalidate the obligation of the Local Authority to pay the principal of and interest on this Note from other funds of the Local Authority as herein provided. /SS3 HUD -52513 Page 2 o1 2 No�omb., 7966 The pledges and other obligations of the Local Authority under this Note shall be discharged upon payment of the entire indebtedness hereunder. The Local Authority, for itself and its successors and assigns, hereby waives presentment, demand for payment, protest and notice of dishonor, and hereby consents that the holder of this Note shall have the right, without notice, to deal in any way, at any time, with the Local Authority, or to grant to the Local Authority any extensions of time for payment of any of said indebtedness, or any other indulgences or forbearances whatsoever, or may release any of the security for this Note, without in any way affecting the liability of the Local Authority hereunder. No personal responsibility or accountability shall attach to any member of the Local Authority or to any person executing this Note by reason of the execution or issuance hereof. It is hereby certified, recited, and declared that this Note has been issued by the Local Authority to aid in financing the preparation of preliminary surveys and planning of low -rent housing to provide dwelling accommodations for persons of low income, and that all acts, conditions, and things required by the Constitution and statutes of the State to exist, happen, or be performed, precedent to and in the issuance of this Note, have happened and have been performed in due time, form, and manner as required by law. This Note shall not be a debt of any city, county, State, or political subdivision thereof or any municipality and neither any city, county, State, or political subdivision thereof or any municipality shall be liable hereon, nor in any event shall it be payable out of any funds or properties other than those of the Local Authority. This Note shall not constitute an indebtedness within the meaning of any constitutional or statutory public debt limitation or restriction. IN WITNESS WHEREOF, the Local Authority has caused this Note to be executed in its name and its seal to be impressed hereon and attested by its proper officers thereunto duly authorized, and this Note to be dated the 30th day of December , 19 80. (SEAL) ATTEST: City Clepl, 224040-P CITY OF IOWA CITY, IOWA HUD -Wash., D.C. /SJ y PP -P -PP"` - STATEMENT OF ADVANCES AND REPAYMENTS ON ACCOUNT OF NOTE Advance by Repayments by Local Authority Balance of Entry Date Gavornmenf Principal Made by Interest Principal 224040-P HUD -Wash., D.C. *U.S. GOVERNMENT PRINTING OFFICE. 1975.885-382/352 ASST RESOLUTION NO. 80-539 RESOLUTION -AWARDING CONTRACT AND AUTHORIZI.. AAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT FOR THE CONSTRUCTION OF THE IOWA CITY DOWNTOWN ELECTRICAL REVISIONS, PHASE I TO TGT7Ri_ WHEREAS, Town and Country Electric Company of Iowa City, Iowa has submitted the best the above-named project. construction of i NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the contract for the construction of the above-named project is hereby awarded to Town and Country Electric Company , subject to the condition that awardee secure adequate performance bond and insurance certificates. 2. That the Mayor is hereby authorized to sign and the City Clerk to attest the contract for the construction of the above-named project, subject to the condition that awardee secure adequate performance bond and insurance certificates. It was moved by Vevera and seconded by Neuhauser 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 thio 30thday of December , 19 80 MAYOR ATTEST: CITY CLERK " .T -.5-4p CONTRACT THIS AGREEMENT, made and entered into this �, �? day of ;2�,_el-g 19-81 , by and between the City of Iowa City party of the first part, hereinafter referred to as the "Owner" and Town & Country Electric Company party of the secgnd part, hereinafter referred to as the "Contractor". WITNESSETH: That whereas the Owner has heretofore caused to be prepared certain plans, specifications and proposal blanks, dated the day of 19-., for the Iowa City Downtown Electrical Revisions, Phase I under the terms and conditions therein fully stated and set forth, and Whereas, said plans, specifications and proposal accurately, and fully describes the terms and conditions upon which the Contractor is willing to perform the work specified: NOW, THEREFORE, IT IS AGREED: 1. That the Owner hereby accepts the attached proposal of the Contractor for the work and for the sums listed therein. 2. That this Contract consists of the following component parts which are made a part of this agreement and Contract as fully and absolutely as if they were set out in detail in this Contract: a. Addenda Numbers 1 b. "Standard Specifications for Highway and Bridge Construction", Series of 1977, Iowa Department of Transportation, Highway Division, plus current special provisions and supplemental specifications. C. Plans 3 4. d. Notice of Public Hearing and Advertisement for Bids. e. Special Provisions f. Proposal g. This Instrument The above components are complementary and what is called for by one shall bg as binding as if called for by all. That payments are to be made to the Contractor in accordance with and subject to the provisions embodied in the documents made a part of this Contract. That this Contract is executed in 3 copies. d IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals the date first written above. (Title) n'41 ATTEST: U'ILt^ (Title) ntrac or� qkt' (Seal) (Title) ATTEST: Title 80036 BID FORM Page 1 SUBMIT IN DUPLICATE ALL BLANKS SHALL BE FILLED IN IOWA CITY DOWNTOWN ELECTRICAL REVISIONS, PHASE I Iowa City, Iowa BIDS RECEIVED: 10:00 AM CST 26 November 1980 To: City Clerk of Iowa City 410 East Washington Street Iowa City, Iowa 52240 In response to your request for Bids and in compliance with the Contract Re- quirements, the undersi5ned proposes to furnish all labor, materials and equipment, all supervision, coordination, all related incidentals necessary- to perform the Iowa City Downtown Electrical Revisions, Phase I Iowa City, Iowa in strict accordance with the Project Manual and the Drawings dated 5 Novem- ber, 1980, including Addenda numbered 1 through _, inclusive, prepared by HLM Engineers, for the Base Bid Lump Sum of: BASE BID Nineteen thousand three hundred fifteen llars ($__19_,315.00 Bid Security in the form of certified check ( ), cashiers check ( ) or bid bond (x) accompanies this proposal in the amount of 5% of the bid amount. In submitting this Proposal, the undersigned agrees that the Bid will not be withdrawn for a period of 30 consecutive calendar days following the date of Bid Opening; further, that if a Notice to Proceed or if a prepared Agreement provided by the Owner is received at the business address identified below within the above named 30 day period, the undersigned will, within ten days of such receipt, acknowledge acceptance of the contract award and will execute and deliver the Agreement, the Performance, Labor and Material Payment Bond, the certificates of insurance and will proceed in accordance with requirements of the Contract Documents for this project and have the Project at Substantial Completion at the earliest possible date. M BID FORM Page 2 The business address to which the Notice to Proceed may be mailed, telegraphed or otherwise delivered is: 1216 Highland Ct. Iowa City,Iowa 52240 Signed: Town & Country Electric Company -Finn or Corporate Name d PERFORMANCE AND PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS THAT Toon & Country Electric Company 1218 Highland Court ere insert t e name and address or legal title of theContractor) a Principal, hereinafter called the Contractor and Merchants Mutual Bonding Company as Surety, hereinafter Here insert the legal title of the Surety called the Surety, are held and firmly bound into the City of Iowa City, Iowa, as obligee, hereinafter called the Owner, in the amount of Nineteen Thousand Three Hundred Fifteen and No/100----Dollars ($ 19,315.00 ----- � for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written agreement dated 19 81 , entered into a Contract with Owner for 1 11 1 1 1 , 1 •.� In accordance with plans and specifications prepared by the City of Iowa City, which Contract is by reference made a part hereof, and is hereinafter referred to as the Contract. NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION are such that, if 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 obli- gations thereunder, the Surety may promptly remedy the default, or shall promptly: 1. Complete the Contractor 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 this paragraph) d sufficient funds to pay the cost of completion less the balance of the Contract Price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the Contract Price", as used in this'paragraph, shall mean the total amount payable by Owner to Contractor under the Contract and any amendments thereto, less the amount properly paid by Owner to Contractor. C. The Contractor and his Surety shall, in accordance with the provisions of Section 384 of the Code of Iowa be obligated to keep the improvements covered by this bond in good repair for a period of one 1 years from the date of acceptance of the improvements by the Owner. D. No right of action shall accrue to or for the use of any person or corporation other than the Owner named herein or the heirs, executors, administrators or successors of Owner. 47:5-4 IT IS A FURTHER CONDITION OF THIS OBLIGATION that the principal and Surety shall, in accordance with provisions of Chapter 573 of the Code of Iowa, pay to all persons, firms or corporations having contracts directly with the principal or with subcontractor all just claims due them for labor performed or materials furnished in the performance of the contract on account of which this bond is given. The provisions of Chapter 573, Code of Iowa, are a part of this bond to the same extent as if they were expressly set out herein. SIGNED AND SEALED THIS '. �( DAY OF A.D., 19��. IN THE PRESENCE OF: d Town & Country Electric Cornpanv Principal �q 1 oQ I 1 ss Title Merchants Mutual DOnding Company Surety J es E. Thomps 1 �attor�ney-n - Fact MERCHAN =_ MUTUAL BONDING 'OMPANY DES MOINES. IOWA POWER OF ATTORNEY Know All Men By These Presents, that the ear amort% suit At. HUFntNG CONJJM\1, a corporation duly organized under the laws of the State of Iowa. and having its principal office in the City of Des Moines, County of Polk. State of Iowa, hath made, constituted and appointed, and does by these presents make, constitute and appoint INDIVIDUALLY C.B. Condon, G.A. LaMair II, Carl J. Crant Jr., Jaffe% E. lhcarpson, James V. Norris, F. Melvyn Hrubetz of Des Moines and State of Iowaits true :cod lawful Altomey-in-Fact, with full power and authority hereby conferred in its name place :cod stead, to sign, execute, acknowledge and deliver in its behalf as surety: Any or all bonds or undertakings, provided that no bond or undertaking executed under this authority shall exceed in amount the sum of CNE MILLICN DOLLARS ($1,000,000.00) and to bind the MERCHANTS MUTUAL BONDING COMPANY thereby a% fully and in 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-of-Attomey is made and executed pursuant to and by authority of the following By-law adopted by the Board of Directors of the MERCHANTS MUTUAL BONDING COMPANY. ARTICLE 2, SECTION 5A.: "The Chariman of the Board or President or any Vice 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, recogntzances, contacts of indemnity and other writings obligatory in the nature thereof." In Witness Whereof. MERCHANTS MUTUAL BONDING COMPANY has caused these presents it, he signed hy' its President and Vice President, and its corporate seal to be hereto affixed- this 22nd day of May 4.D.. 1979 Attest: MERCHANTS MUTUAL BONDING COMPANY rM STATE OF IOWA COUNTY OF POLK } ss, On this 22nd day of May ,19 79 . helinr me a ppeared W.W. Warner and William blamer. to me personally known, who being by me duly %scorn did sat) that they are President :cod Vice President respec- tively of the MERCHANTS MUTUAL. 13ONDING COMPANY. the corporation described in the foregoing instrument, and that the Seal affixed to the said instrument is the Corporate Seal of the said Corporation and that the sand in%numeni was signed and sealed in behalf of said Corporation hyaulhonn of ds Board of Director. In Testimony Whereof. I have hereunto set m) hand and affixed by Official Seal, at the City of Lha Moines. Iowa the day and year first above written. ••••••••• •a•Nts %'aro.n•Puldh PoI(Cnunrc. lawn s 10 WAS . 9-30-81 y v . •7Tv..,,w....r �t ?` STATE OF IOWA •5*4,t1 A V Ssa`'a COUNTY OF POLK ^•'rorwro I. William Warner. Vice President of the MERCHANTS MUTUAL BONDING COMPAPj,Y:"U '11Effbgy certify that the above and foregoing is a true and correct copy of the (OWER OF A'fTOR ( �QaW c said MERCHANTS BONDING COMPANY, which is still in force and effect. V. °�}OR - In Witness Whereof. I have hereunto set my hand and affixed the seal of the Company, at \�� ` this day of 19, o ; n 1933 This power of attorney expires Until Revoked �� \•�•..o I -S4 AlnWINEW Iowa City, Iowa, December 30, 1980. The City Council of Iowa City, Iowa, met on the above date at 7:30 o'clock P.M., in open regular session, in the Council Chambers, Civic Center, in Iowa City, Iowa, pursuant to law and the rules of said Council. The meeting was called to order by John R. Balmer, Mayor, presiding, and on roll call the following Council Members were present: Erdahl, Lynch, Neuhauser Perret, Roberts, Vevera Absent: None -1- AHLERS. COONEY, DORWEILER. HAYN IE N SMITH. LAWYERS. DES MOINES. IOWA Matters were discussed relative to final authorization and issuance of $1,600,000 in aggregate principal amount of the City's Industrial Development Revenue Bonds (Younkers, Inc. Project) Series 1980. Following a report on the proposed Project by representatives of said Company and a discussion of the Bond issue, Council Member Vevera introduced the following Resolution in written form and moved its adoption. Council Member Neuhauser seconded the motion to adopt. After due consideration of said motion, the roll was called and the Resolution was adopted by the following vote: AYES: Erdahl, Lynch, Neuhauser, Perret, Roberts, Vevera, Balmer NAYS: None The Resolution was thereupon signed by the Mayor and in evidence of his approval, was attested by the City Clerk, and was declared to be effective. The Resolution is as follows: -2- AHLERS. GOONEY. DORWEILER. HAYNIE N SMITH, LAWYERS, DES MOINES. IOWA /5-5 RESOLUTION NO. 80-540 RESOLUTION AUTHORIZING THE ISSUANCE OF $1,600,000 IN AGGREGATE PRINCIPAL AMOUNT OF THE CITY OF IOWA CITY, IOWA, INDUSTRIAL DEVELOPMENT REVENUE BONDS (YOUNKERS, INC. PROJECT) SERIES 1980, WITH THE PROCEEDS FROM THE SALE OF THE BONDS TO BE LOANED TO YOUNKERS, INC., A DELAWARE CORPORATION DULY QUALIFIED AND AUTHORIZED TO DO BUSINESS IN THE STATE OF IOWA, FOR THE PURPOSE OF DEFRAYING THE COST OF ACQUIRING, CONSTRUCTING, IMPROVING AND EQUIPPING A COMMERCIAL ENTERPRISE LOCATED WITHIN THE CITY OF IOWA CITY, IOWA, CONSISTING OF THE ACQUISITION, CONSTRUCTION, IMPROVING AND EQUIPPING OF CERTAIN RETAIL FACILITIES; THE EXECUTION AND DELIVERY OF AN INDENTURE OF TRUST TO SECURE SAID BONDS; THE EXECUTION AND DELI- VERY OF A LOAN AGREEMENT BETWEEN THE CITY AND YOUNKERS, INC.; THE ASSIGNMENT BY THE CITY TO THE TRUSTEE OF THE RIGHTS AND INTEREST OF THE CITY IN AND TO SAID LOAN AGREEMENT; THE SALE OF SAID BONDS; APPOINTMENT OF A TRUSTEE; AND RELATED MATTERS. WHEREAS, the City of Iowa City, Iowa (the "City") proposes to issue its Industrial Development Revenue Bonds (Younkers, Inc. Project) Series 1980, in the aggregate principal amount of $1,600,000 (the "Bonds") with the proceeds from the sale of the Bonds to be loaned by the City to Younkers, Inc., a Delaware corporation duly qualified and authorized to do business in the State of Iowa (the "Company"), for the purpose of defraying the cost of the acquisition, construction, improving and equipping of certain fixtures, equipment and miscellaneous appointments to be installed in an existing building to be leased from Old Capital Associates, all to be suitable for use as a commercial enterprise consisting of retail facilities and to be located within the City of Iowa City, Iowa (the "Project"), the Project to be owned by Company, with the financing of the Project to be undertaken in accordance with the provisions of Chapter 419 of the Code of Iowa (the "Act") and Chapter 403 of the Code of Iowa; and WHEREAS, the City has determined the Project is located within the area of and is consistent with and authorized by the City's Project No. Iowa R-14 Urban Renewal Plan (the "Urban Renewal Plan"), and there is a public need in the City and its surrounding environs for implementation of the Urban Renewal Plan, which will promote urban renewal, rehabilitation and redevelopment of the City, will eliminate blighted areas within the City and will provide employment opportunities for resi- dents of the City and the surrounding area; will enhance the tax base of the City and overlapping taxing jurisdictions and -3- AHLERS. COONEY, DORWEILER. HAYNIE&SMITH. LAWYERS. DES MOINES, IOWA issl will provide and induce other public benefits which will add to the health, safety and general welfare of the residents of the City and the surrounding area; and WHEREAS, the proceeds from the sale of the Bonds are to be loaned by the City to the Company pursuant to provisions of a Loan Agreement (the "Loan Agreement") dated as of December 1, 1980, between the City and the Company; and WHEREAS, the rights and interest of the City in and to the Loan Agreement will be assigned by the City to the Trustee pur- suant to the Indenture; and WHEREAS, pursuant to published notice of intention this City Council has conducted a public hearing, as required by Section 419.9 of the Act, and this City Council has deemed it to be in the best interests of the City that the Bonds be issued as proposed; and WHEREAS, the City has arranged for the sale of the Bonds to Dain Bosworth Incorporated (the "Underwriter"); and WHEREAS, there has been presented to this meeting the following documents, which the City proposes to enter into: 1. The form of Loan Agreement, between the City and Company; and 2. The form of Indenture of Trust dated as of December 1, 1980 (the "Indenture"), between the City and University Bank and Trust Company, of the City of Ames, Iowa, as Trustee thereunder (the "Trustee") setting forth the terms of the Bonds and the conditions and security for payment of the Bonds; and 3. The form of Bond Purchase Agreement dated December 30, 1980 (the "Bond Purchase Agreement"), between the Underwriter, the Company and the City relating to the issuance, sale and purchase of the Bonds; and 4. The form of an Inducement and Indemnity Letter dated December 30, 1980 (the "Inducement Letter") from the Company to the City and the Underwriter; and 5. The form of the Bonds, as set forth in the Indenture. WHEREAS, it appears that each of the instruments above referred to, which are now before each of the Council Members of the City Council, is in appropriate form and is an appro- priate instrument for the purposes intended; -4- AHLERS. COONEY. DORWEILER. HAYNIE IN SMITH. LAWYERS. DES MOINES. IOWA /SG e NOW, THEREFORE, Be It Resolved by the City Council of the City of Iowa City, Iowa, as follows: Section 1. That the City defray the cost of acquiring, constructing, improving and equipping a commercial enterprise consisting of a retail facility located within the City of Iowa City, Iowa, and located within the area of and consistent with the Urban Renewal Plan (the "Project") by issuing the Bonds and loaning the proceeds of the sale of the Bonds to Company. Section 2. That in order to defray the cost of the Project, the issuance of the Bonds in the aggregate principal amount of $1,600,000, maturing on such dates, in such amounts and bearing rates of interest as set forth in the Indenture, in substantially the form and content set forth in the Indenture now before this meeting, subject to appropriate insertion and revision in order to comply with provisions of the Indenture, be and the same hereby are in all respects authorized, approved and confirmed, and the form and content of the Bonds set forth in the Indenture now before this meeting be and the same hereby are in all respects authorized, approved and confirmed, and the Mayor and the City Clerk be and they hereby are authorized, empowered and directed to execute, whether by manual or fac- simile signatures, impress the official seal of the City (or cause -to have printed a facsimile thereof) thereon and deliver for and on behalf of the City the Bonds to the Trustee for authentication and the Trustee is hereby authorized and directed to authenticate the Bonds, and the provisions of the Indenture with respect to the Bonds (including without limita- tion the maturity dates, rates of interest and redemption provisions) be and the same hereby are authorized, approved and confirmed and are incorporated herein by reference. Section 3. That the City loan to Company the proceeds from the sale of the Bonds pursuant to the Loan Agreement, which provides for repayment by Company of such loan in an amount equal to principal of, premium, if any, and interest on the Bonds when and as due, and the form and content of the Loan Agreement, the provisions of which are incorporated herein by reference, be and the same hereby are in all respects autho- rized, approved and confirmed and the Mayor and the City Clerk be and they hereby are authorized, empowered and directed to execute, attest, seal and deliver the Loan Agreement prior to or simultaneously with the issuance of the Bonds for and on behalf of the City, including necessary counterparts in substantially the form and content now before this meeting but with such changes, modifications, additions or deletions therein as shall to them seem necessary, desirable or appro- priate, their execution thereof to constitute conclusive evi- dence of their approval of any and all changes, modifications, -5- AHLERS. COONEY. DORWEILER. HAYNIE & SMITH, LAWYERS, DES MOINES. IOWA additions or deletions therein from the form and content of the Loan Agreement now before this meeting, and that from and after the execution and delivery of the Loan Agreement, the Mayor and the City Clerk are hereby authorized, empowered and directed to do all such acts and things and to execute all such documents as may be necessary to carry out and comply with the provisions of the Loan Agreement as executed. Section 4. That University Bank and Trust Company, of the City of Ames, Iowa, is hereby appointed Trustee under the Indenture and the form and content of the Indenture, the provi- sions of which are incorporated herein by reference, and the assignment of the City's rights and interest in and to the Loan Agreement (with certain exceptions as stated in the Indenture) be and the same hereby are in all respects authorized, approved and confirmed, and the Mayor and the City Clerk be and they hereby are authorized, empowered and directed to execute, attest, seal and deliver the Indenture for and on behalf of the City to the Trustee for the security of the Bonds and the interest thereon, including necessary counterparts in substan- tially the form and content now before this meeting but with such changes, modifications, additions and deletions therein as shall to them seem necessary, desirable or appropriate, their execution thereof to constitute conclusive evidence of their approval of any and all changes, modifications, additions or deletions therein from the form and content of the Indenture now before this meeting, and that from and after the execution and delivery of the Indenture, the Mayor and the City Clerk are hereby authorized, empowered, and directed to do all such acts and things and to execute all such documents as may be necessary to carry out and comply with the provisions of the Indenture as executed. Section 5. That the sale of the Bonds to the Underwriter at the purchase price of 98.375% of the par value thereof plus accrued interest from December 1, 1980 to the date of delivery, subject to the terms and conditions set forth in the Bond Pur- chase Agreement, is hereby authorized, approved and confirmed, and that the form and content of the Bond Purchase Agreement be and the same hereby are, authorized, approved and confirmed and the Mayor be, and he hereby is authorized, empowered and directed to accept and deliver to the Underwriter the Bond Purchase Agreement for and on behalf of the City, including necessary counterparts in the form and content now before this meeting, and that from and after the acceptance and delivery of the Bond Purchase Agreement, the Mayor and the City Clerk are hereby authorized, empowered and directed to do all such acts and things and to execute all such documents as may be neces- sary to carry out and comply with the provisions of the Bond Purchase Agreement as accepted. --6- AHLERS. GOONEY. DORWEILER. HAYNIE85MITH, LAWYERS. DES MOINES. IOWA /,457(o 02 - Section 6. That the form and content of the Inducement Letter be and the same hereby are authorized, approved and confirmed and the Mayor be, and he hereby is, authorized, empowered and directed to accept the Inducement Letter for and on behalf of the City by execution thereof, including necessary counterparts in the form and content now before this meeting, and that from and after the execution and delivery of the Inducement Letter, the Mayor and the City Clerk are hereby authorized, empowered and directed to do all such acts and things and to execute all such documents as may be necessary to carry out and comply with the provisions of the Inducement Letter as executed. Section 7. That the Mayor and the City Clerk of the City be and they hereby are authorized to execute and deliver for and on behalf of the City any and all additional certificates, documents, opinions or other papers and perform all other acts (including without limitation the filing of any financing sta- tements or any other documents to create and maintain a security interest on the properties and revenues pledged or assigned under the Indenture and the Loan Agreement and the execution of all closing documents as may be required by Messrs. Ahlers, Cooney, Dorweiler, Haynie & Smith, as Bond Counsel, and the acceptance of any documentation evidencing indemn'ification of the City by Company in connection with the transactions contemplated hereby) as they may deem necessary or appropriate in order to implement and carry out the intent and purposes of this Resolution. Section 8. That the City hereby elects to have the provi- sions as to the exempt small issue limitation of $10,000,000 under Section 103(b)(6)(D) of the Internal Revenue Code of 1954, as amended, apply to the Bonds, and the Mayor or the Clerk is hereby directed to file or cause to be filed an appropriate statement relating to such election with the Internal Revenue Service. Section 9. That the Loan Agreement requires Company in each year to pay amounts as Loan Payments sufficient to pay the principal of, premium, if any, and interest on the Bonds when and as due, and the payment of such amounts by Company to the Trustee pursuant to the Loan Agreement is hereby authorized, approved and confirmed. Section 10. That the Bonds are limited obligations of the City, payable solely out of the Loan Payments required to be paid by Company pursuant to and in accordance with provisions of the Loan Agreement and as provided in the Indenture, and are secured pursuant to and in accordance with provisions of the -7- AHLERS. COONEY. OORWEILER. HAYNIE&SMITH. LAWYERS. DES MOINES. IOWA Indenture. The Bonds and interest thereon shall never consti- tute an indebtedness of the City, within the meaning of any state constitutional provision or statutory limitation, and shall not give rise to a pecuniary liability of the City or a charge against its general credit or taxing powers. Section 11. That the provisions of this Resolution are hereby to be separable and if any section, phrase or provision shall for any reason be declared to be invalid, such declara- tion shall not affect the validity of the remainder of the sec- tions, phrases or provisions. Section 12. All Resolutions and Orders or parts thereof, in conflict herewith are, to the extent of such conflict, hereby repealed and this Resolution shall be in full force and effect immediately upon its adoption. Adopted and approved this 30th day of December, 1980. City of Iowa City, Iowa (Seal) John R. Balmer, Mayor Attest: Abbie Stolfus, City lerk -8- AHLERS. COONEY. DORWEILER. HAYNIE d SMITH. LAWYERS. DES MOINES. IOWA /� CLERK'S CERTIFICATE I, Abbie Stolfus, being first duly sworn do hereby depose and certify that I am the duly appointed, qualified, and acting City Clerk of the City of Iowa City, in the County of Johnson, State of Iowa; that as such I have in my possession, or have access to, the complete corporate records of said City and of its Council and officers; that I have carefully compared the transcript hereto attached with the aforesaid corporate records; that said transcript hereto attached is a true, correct and complete copy of all the corporate records showing the action taken by the City Council of said City at a meeting open to the public on December 30, 1980, for the purpose of considering a Resolution authorizing the issuance of $1,600,000 aggregate principal amount of Industrial Development Revenue Bonds (Younkers, Inc. Project) Series 1980, of the City of Iowa City, Iowa, the execution and delivery of an Indenture of Trust to secure said Bonds, the execution and delivery of a Loan Agreement between the City and Younkers, Inc., the Assignment by the City of the rights and interest of the City in and to said Loan Agreement, the sale of said Bonds, appointment of a Trustee and related matters; that said proceedings remain in full force and effect and have not been amended or rescinded in any way; that said meeting and all action thereat was duly and publicly held, with members of the public,in attendance, in accordance with a notice of meeting and tentative agenda, a copy of which was timely served on each member of the Council and posted on a bulletin board or other prominent place easily accessible to the public and clearly designated for that purpose at the principal office of the Council (a copy of the face sheet of said agenda being attached hereto) pursuant to the local rules of the Council and the provi- sions of Chapter 28A, Iowa Code, and upon reasonable advance notice to the public and media at least twenty-four hours prior to the commencement of the meeting as required by said law. Witness my hand and the Corporate Seal of said City hereto affixed this 30th day of Dece er,71980. 7 7 (SEAL) Abbie Stolfus, Cit Clerk State of Iowa SS.: County of Johnson Subscribed and sworn to befo-re me this day, the date last above written. NO'ary Public in and for the (SEAL) State of Iowa -9- AHLERS. COONEY. DORWEILER. HAYNIE & SMITH. LAWYERS, DES MOINES. IOWA (This Notice to be Posted) NOTICE AND CALL OF COUNCIL MEETING Governmental Body: Date of Meeting: Time of Meeting: Place of Meeting: The City Council of Iowa City, Iowa. December 30, 1980 7:30 P.M. Council Chambers Civic Center Iowa City, Iowa PUBLIC NOTICE IS HEREBY GIVEN that the above-mentioned governmental body will meet at the date, time and place above set out. The tentative agenda for said meeting is as follows: 1. Resolution authorizing the issuance of $1,600,000 in aggregate principal amount of the City of Iowa City, Iowa, Industrial Development Revenue Bonds (Younkers, Inc. Project) Series 1980, with the proceeds from the sale of the Bonds to be loaned. to Younkers, Inc., a Delaware corporation duly qualified and authorized to do business in the State of Iowa, for the purpose of defraying the cost of acquiring, constructing, improving and equipping a commercial enterprise located within the City of Iowa City, Iowa, consisting of the acquisition, construction, improving and equipping of certain retail facilities; the execution and delivery of an Indenture of Trust to secure said Bonds; the execution and delivery of a Loan Agreeflent between the City and Younkers, Inc.; the assignment by the City to the Trustee of the rights and interest of the City in and to said Loan Agreement; the sale of said Bonds; appointment of a Trustee; and related matters. 2. Such additional matters as are set forth on the addi- tional 1 page(s) attached hereto (attach copy of agenda). This notice is given at the direction of the Mayor, pur- suant to Chapter 28A, Iowa Code, as amended, and the local rules of said governmental body. lb f jzl� 2&44�2 Abbie Stolfus, Ckerk of the City of Iowa City, Iowa os- .9..YJ -10- AHLERS. GOONEY. DORWEILER. HAYNIE S SMITH. LAWYERS. DES MOINES. IOWA . /s4 AGENDA REGULAR COUNCIL MEETING DECEMBER 30, 1980 Item No. 1 - MEETING TO ORDER. ROLL CALL. Item No. 2 - CONSIDER ADOPTION OF CONSENT CALENDAR AS PRESENTED OR AMENDED: a. Approval of Official Council activities of the special meeting of December 15, 1980, and of the regular meeting of December 16, 1980, as published, subject to correction, as recommended by the City Clerk. b. Minutes of Boards and Commissions. (1) Riverfront Commission meeting of December 3, 1980. (2) Committee on Community Needs meeting of December 3, 1980. (3) Airport Commission meeting of December 11, 1980. c. Permit Resolutions, as recommended by the City Clerk. (1) Consider motion refunding a portion of a cigarette permit. d. Motions. (1) Consider petition for Suspension or Remission of Taxes on Account of Age or Infirmity for Mildred Jennings. (2) Motion to approve disbursements in the amount of $2,361,558.95 for the period of November 1 through November 30, 1980, as recommended by the Finance Director, subject to audit. e. Resolutions. (1) Consider resolution accepting the work on the RDI Special Assessment Project, 1980 Letting. /57.7 Agenda Regular Council Meeting December 30, 1980 7:30 P.M. Page 2 Item No. 2 cont'd. f. Setting Public Hearings. (1) Consider motion setting a public hearing on January 13, 1981, to consider the Lower Ralston Creek/Small Cities Grantee Performance Report for the program year ended October 30, 1980. (2) Consider resolution setting public hearing on January 13, 1981 on a proposed conveyance of real property owned by the City of Iowa City (a portion of vacated Sand Lake Drive). END OF CONSENT CALENDAR. Item No. 3 - PLANNING & ZONING MATTERS. a. Consider an ordinance rezoning a portion of Jack I. Young's property from R1A to R3A. C-8002 (passed and adopted) b. Consider an ordinance amending the Sign Regulations for the CBS Zone. (first consideration) Item No. 4 - PUBLIC DISCUSSION. Item No. 5 - ANNOUNCEMENT OF VACANCIES. a. Planning & Zoning Commission - One vacancy for an unexpired term ending May 1, 1983 (Robert Ogesen resigned). This appointment will be made at the February 10, 1981, meeting of the City Council. Item No. 6 - CITY COUNCIL APPOINTMENTS. a. Consider an appointment to the Committee on Community Needs for an unexpired term ending July 1, 1982 (Roosevelt Montgomery resigned). b. Consider an apppointment to the Mayor's Youth Employment Board for a three-year term expiring December 30, 1983 (Bernard Barber resigned). Item No. 7 - CITY COUNCIL INFORMATION. Item No. 8 - REPORT ON ITEMS FROM THE CITY MANAGER AND CITY ATTORNEY. a. City Manager. b. City Attorney. Agenda Regular Council Meeti..y December 30, 1980 7:30 P.M. Page 3 Item No. 9 - RECOMMENDATIONS OF THE BOARDS AND COMMISSIONS. a. Consider recommendation of the Committee on Community Needs that the City Council approve the changes in the by-laws recommended by the Committee. A copy of the proposed by- laws is attached to the minutes of the December 3, 1980 meeting of CCN. Consider recommendation of the Riverfront Commission that the City Council approved the adoption of the by-laws as amended by the Commission. A copy of the proposed by-laws is attached to the minutes of the December 3, 1980, meeting of the Riverfront Commission. Item No. 10 - CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST AMENDMENT TWO TO THE AGREEMENT WITH OUT OF DANGER, INC., DBA AID AND ALTERNATIVES FOR VICTIMS OF SPOUSE ABUSE, FOR THE USE OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS TO ACQUIRE, REHABILITATE, AND UTILIZE A SHELTER FOR VICTIMS OF SPOUSE ABUSE. Item No. 11 - CONSIDER A RESOLUTION APPROVING FINAL ELEMENT OF THE PRELIMINARY DESIGN PLANS FOR SIGNAGE FOR OLD CAPITOL CENTER (URBAN RENEWAL PARCELS 83-1 AND 84-1). Item No. 12 - CONSIDER RESOLUTION AUTHORIZING MAILING OF CITY POSITION LETTER REFERENCE SAM HERSHBERGER SUBDIVISION TO WILLIAM MEARDON. Item No. 13 - RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CLERK TO ATTEST AN AGREEMENT WITH DBL PARTNERSHIP REGARDING ACCESS TO SCOTT BOULEVARD. Item No. 14 - CONSIDER RESOLUTION AUTHORIZING MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST THE PRELIMINARY LOAN CONTRACT FOR PROJECT IOWA 22-3. Item No. 15 - CONSIDER RESOLUTION AWARDING THE CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE CONTRACT FOR THE IOWA CITY DOWNTOWN ELECTRICAL REVISIONS, PHASE I TO TOWN AND COUNTRY ELECTRIC COMPANY OF IOWA CITY, IOWA. Agenda Regular Council Meeting December 30, 1980 7:30 P.M. Page 4 Item No. 16 - CONSIDER RESOLUTION AUTHORIZING THE ISSUANCE OF $1,600,000 IN AGGREGATE PRINCIPAL AMOUNT OF THE CITY OF IOWA CITY, IOWA, INDUSTRIAL DEVELOPMENT REVENUE BONDS (YOUNKERS, INC. PROJECT) SERIES 1980, WITH THE PROCEEDS FROM THE SALE OF THE BONDS TO BE LOANED TO YOUNKERS, INC., A DELAWARE CORPORATION DULY QUALIFIED AND AUTHORIZED TO DO BUSINESS IN THE STATE OF IOWA, FOR THE PURPOSE OF DEFRAYING THE COST OF ACQUIRING, CONSTRUCTING, IMPROVING AND EQUIPPING A COMMERCIAL ENTERPRISE LOCATED WITHIN THE CITY OF IOWA CITY, IOWA, CONSISTING OF TIE ACQUISITION, CONSTRUCTION, IMPROVING AND EQUIPPING OF CERTAIN RETAIL FACILITIES; THE EXECUTION AND DELIVERY OF AN INDENTURE OF (RUST TO SECURE SAID BONDS; THE EXECUTION AND DELIVERY OF A LOAN AGREEMENT BETWEEN THE CITY AND YOUNKERS, INC.; THE ASSIGNMENT BY THE CITY TO THE TRUSTEE OF THE RIGHTS AND INTEREST OF THE CITY IN AND TO SAID LOAN AGREEMENT; THE SALE OF SAID BONDS; APPOINTMENT OF A TRUSTEE; AND RELATED MATTERS. Item No. 17 - ADJOURNMENT. /s7d