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Home My WebLink About1975-04-01 CorrespondenceCITY OF IOWA CITY DEPARTMEMT OF FINANCE mEnRAMDUM To• veal Berlin, City Manager Newsprint Recycling Program results of the newsprint is a summary of the financial The following 3/13/75 g 1975. ram for February, recycling program Newsprint Recycling Program $ f l February,- 1975 �f . . - _ 1 - �'r• $(4,646.69) 5 1. Surplus/Deficit ( ) Beginning Receipts 247.63 73 79,880 lbs. (39.94 tons) X 400 of $15.50 1. Expenditures 628.78 Labor 228.97 857.75 F.quipment 857.75 $(6,256.81) ( ) Project ct to Date B. Pugh, Jr - Director Department of Finance CC: Dick Plastino Julie Zelenka • CITY OF IOWA CITY�I DEPARTMENT OF PUBLIC WORKS t.iEMORA.NDUhi DATE: ?larch 13, 1975 TO: Neal Berlin, City manager FROi•?: Dick Plastino, Director of Public Works RE: Sidewalk Release for Lot 2 of G blip's Third Addition (Jack Klaus Property) Giblin's Third Addition to the City of Iowa city was platted October 6, 1959. At approximately that time the subdivider 1 apparently entered into agreement with sidewalls1on�Jvirginia hich he stated he mould install the street permit Avenue. Our present ordinance says that no buildino shall be issued for a house until money is put in escrow to complete the improvements if the builder wishes to build a house before the improvements are nclowaet . and therk ine 959, however, probably anything went y no money in escrow for these improvements. The question now before Public Works, is whether to release the subdivider and in this case, the propertyowner, it obligation. I have looked at this particularLstreet and the would appear that the street will never Ue p _ extremely deep gully directly east of Prairie do QChienertyho ne� e' it world seem logical to go ahead and release the prop ayek from this requirement thItrelease so thatot-,Jd be 1thelcityif 7doesohn Hnot� could explore writing preclude use of special assessment against the property owner p y to build the street and the sidewalk at some later date if the street should ever be put in. The problem is further complicated by the fact that the - property owner in question is a former city employee. In all truthfulness I would have to say if the person involved were not a City emplo-+ee I would without hesitation release the property. Since he is a former City employee we will have to probably be harder on him than we would another citizen, but I think we can see our way clear to release this. Our normal rel.case form does not have any provisions aehatlatloWutetonor , put a special assessment on the property ,an want to have I even sure we want to do this; however you nay John look into it. l/ • • HAYEK, HAYEK & HAYEK WILL J. HAYEK ATTORNEYS AT. LAW AREA CODE 319 - JOHN W.HAYEK 110 EAST WASHINGTON STREET- - - -337-9606 C. PETER HAYEK IOWA CITY. IOWA 52240 April 1, _ 1975 The Honorable Mayor and City Council of Iowa City - Civic Center Iowa City, Iowa 52240 Re: Council Election Districts - Implementation of City Charter Mayor and Council Members: You will shortly have before you a question related to implementing the new Iowa City Charter. Specifically, you will have the responsibility of determining whether or not new precincts need to be created for Iowa City and the adoption, by ordinance, of the council election districts necessary for the November regular election. I am by this letter reporting to you on some of the legal: issues involved in this process. Section 372. 9 of the 1975 Code of Iowa provides that if a Home Rule Charter is adopted by the voters the elective officers provided for in the charter are to be elected at the next regular city election. Although the new charter does not come into effect until January 1, 1976, it is my opinion that the above cited section of the State Code, at least by implication, empowers and in fact requires the City Council to create the necessary three council districts set forth in Section 2. 02 of the City Charter and necessary for the election of council persons. A map drawn up by the Charter Committee was filed with the City Clerk on June 8, 1973. This map dividing Iowa City into three proposed council districts was filed at the same time as the proposed charter. The question has arisen as to whether or not the map of June 8, 1973, has been adopted either by the council or the voters and therefore would constitute the necessary division into council districts. In my opinion this map does not have any such effect and has not been adopted. I have been unable to find any ordinance or resolution of the City Council officially adopting the June 8, 1973 map and dividing the city into Mayor and City Council April 1, 1975 Page Two three council districts. Further, Resolution No. 73-316, dated July 20, 1973, wherein the City Council directed that the question of adoption of the Home Rule Charter be submitted to the voters, makes no reference to the map or the proposed council districts. A copy of that resolution is attached to this report as Exhibit A. Further, the question on the ballot submitted to the voters makes no reference to the map nor is there reference to the proposed council districts. A copy of the Commissioner of Elections' report containing the election results and the wording of the ballot is attached to this report as Exhibit B. Furthermore only the City Council is empowered to establish voting precincts and voting distc•icts or wards under the provisions of Chapter 49 of the 1975 Code of Iowa. As indicated, the City Council of Iowa City is empowered by - - Chapter 49 of the Code of Iowa to adopt voting precincts and wards or districts. At present Iowa City has twenty-five voting precincts and the question has arisen as to whether or not it will be necessary to change these voting precincts into a number of precincts divisible by - three for the creation of the three council districts. The City Council does have the authority to amend and change the voting precincts under - - the provisions of Section 49. 8(3) of the Code of Iowa since we had a special federal census taken last year. Section 2. 02 of the City Charter provides that the Council, by ordinance, shall divide the city into three council districts "of substantially equal population". In addition, constitutional and other statutory require- ments would, it seems to me, require that council districts be of sub- stantially equal population. Section 49. 5(3) of the 1975 Code of Iowa directs that when a city is divided into wards it shall be on the basis of population and the ward boundaries shall follow the boundaries of election precincts. In like manner, voting precincts must be drawn so that their total populations shall be reasonably equal on the basis of the most recent federal decennial census, but the Council may take into consideration con- venience of the voters in so drawing precincts. See Section 49.5 of the 1975 Code of Iowa. The mandates to create three council districts of substantially equal population and to create voting precincts of substantially equal population cannot be reconciled unless the voting precincts are of a total Mayor and City Council April 1, 1975 Page Three number divisible by three. Given the fact that our present voting precincts have approximate populations of 1, 800 to 1, 900 persons each, to do otherwise would mean that one of the three council districts would have that number of persons more than the other two. It therefore seems to me inevitable that the Council will at some point have to reprecinct the city in order to change the number of voting precincts. It may, however, not be necessary to reprecinct the city at this point in time. Officials of the Community Development Department -have informed me that the population changes that have taken place in Iowa City within the last few years may make it possible to create three council districts of equal population using the present twenty-five precincts. By following this course of action the Council would be, in effect, deferring the necessity for reprecincting until the next decennial census in -1980. To summarize, it will be necessary for the City Council in the immediate future to create three council districts by ordinance for the - coming election this November. Secondly, ;it will at some point be neces- sary for the City Council to reprecinct the city to provide for a number of voting precincts divisible by three. The precincts can be redrawn now or that action deferred until a later date assuming that existing precincts have populations which would permit the necessary division. The decision as to which course to follow involves policy considerations which must be decided by the Council. Because of the obvious interest of the Republican and Democratic parties in the Council's decision on this issue I have taken the liberty of sending a copy of this letter to the respective chairpersons of those political parties for their information. Respectfu} y su mitted, h W. 11aye JWH:wld Enclosures cc: Mr. William Meardon I ' L' uttui • .-- - ; P.ESOLUTION N0. 73-3� - PWSOLUTT_ON SUB jITTING THS PROPOSED HO.E' RULE CU.LRTE., OFT CITY OF 10.4. CITY,. ION.\, FOR E-LECTION. t,u RpAS, the City Council of the City of Iowa City, Iowa, has dull enacted a Resoletion adoptin3 division for organization of the City " Go-ternment-of the ,.City Code of Iowa (UF574).of the Acts of the 64th General Assec�oly of Iowa, and - , S55 of said City Code of Iowa authorized the City Council C, St ection .er to be prepared and ,filed and made by resolution, submi to c_usa at it �{E4 eLS to the voters of the City of Iowa City, Iowa, and �YE£EAS, the Proposed Home Rule Charter of the City of Iowa City, Iowa, was originally filed on June 22, 1973, and after an amendaent, thereto was resiled by the Charter committee, appointed by the City Council of.the City o_` Io-.,,a City on July 17, 1973, and j.;;{ERE.,\S, the City Council of the City of Iowa City, Iowa, deems it in the. pt:blic interest that the proposed Charter should be submitted to the voters of tce_City of Iowa City to determine whether-or not it should be.adopted.as the fora o•` government for the City of Iowa City. NUrI� TF�REFOR°,.BE IS RESOLVED by the City Council of the City of Iowa City. Iowa, as follows: 1, Rule Charter shall be submitted at a special ,That the proposed Home City election on a date s=_1ec`ed by the t•!ayor. :.. 2. That the City Clerk isohereby authorized and directed to publish the he Iowa City Proposed Home Rule Chatter and the'form of j'exceallot ttSundays, and herefore in thaving general published daily, P Y Press Citizen, a nee+spaper p -' , .. circulation in the City; 3. That the City Clerk is hereby authorized and directed to prepare appro- priate ballots therefore, and that said ballots pursuant to Section 55 of House silo 574 o; the Acts of the 64th General f sembly goovernmentlassanmit, in addition alternative. to the £roposed Charter, the existing form of g ey 4.' That the City .`tanager, City Clerk and the Cpursuantrto the election laws authorized and directed to take all necessary steps p Of tFe States of Ioeia and the Ordinance of. the City of Iowa City, for the setting _he ca ding out of the special city election on the date selected by the idayor o i t:_a Proposed Home Rule Charter. and seconded by Connell it was moved by... Hickerson lasolution as read by adopted, and upon roll call there were: ..that.. the _ AXES: 114YS: ABSENT: Brandt Connell Czarnecki Hickerson . uhi.te % MAYOR TT r.—YC 1cr y ��.' _(.'l /.♦. _ - - WILl1AN O'Mwnnw Y✓pfY JExhibi J[AN rOULv4N• OtruTY 1.A ]: 3j9 TEL"O-':? 33d•3971 417 SOUK CUM;ON FREA COD 314 IOWA 51:40 COUNTY. 10WA %I MINA C/YY. - - 3197? - 3grs. Abble StOlfus C,„r Clerk c1 -y of Iowa City Civic Center 1 Iowa City, T-owa 52240 Dear Abbie= The follo:•ring are the results of the City Flection held on1ovember 159 1973: SHALL THE FOLLOWING PUBLIC i1EASURE BE ADOP`rED? Shall th? proposition to chane the form Iowa of Y municipal government of the City o= to the Home Rule Charter approved for reyelvtion mission to the voters o._Iorfa City �Jbo adopted? of the Council enacted July 20, 197, YES 1303 NO 1.23 OR .. Shall the existing form of government, Council- 1'Ia„-ager at Tare be retained? YES 677 N0 40 The total numbers of voters .:as 2146. Respectfully Submitted ,�2 - DOLORES A. ROG-RS County Auditor COmmLss'toner or Elections ar_' `doter registration 1 f,%• • IOvya ."+, '. a place 3. zo -rHl�=•40MIA STATc HiGHW.AY L'011 P01SEMOiV 11. E. GLINNERSON Director — Chief Engineer - - --- - 0. E. McLEAN Deputy Director - - Deputy Chief Engineer - - -. REFER TO- Underground Construction Johnson County Post Office Box 427 Iowa City, Iowa 52240 March 21, 1975 s f Gordon Russell 2750 South Riverside Drive Iowa City, Iowa 52240 Dear Mr. Russell: Enclosed please find a plat and five copies of an Application Z or Use of Highway Right of Way for Utilities Accommodation. The proposed culvert will be placed approximately 20 feet west of existing drive at station 1139 + 00 on Primary Road Iotira 1 in Iowa City in.Johnson County. Would you and the Mayor of Iowa City or another authorized city official please sign all of the copies of the application. Return the plat and all of the signed copies ofthe application to this off;ce. Thank you. Sincerely yours, L t�2!�/1-ice CcP. E. fi�urle F. Burr, Resident Maintenance Engineer EFL:gg Enclosures cc: Records Center L. C. Balcom - CWWAISS IONERS _jULES M. BOSXER - DONALD M. GARDNER STEPHEN GARST ROBERT R. BIGLER DAVID O. SIIAFF Sioux City -.: Cedar Rapids -Coen Rapids New nampton - Clinton Fors. 562 1 1_73 Proj:, F -9(i) �A STATE HIGHWAY COMMISSiON Application for use of, unty Johnson r Highway Right of 'bay for Utilities Accommodation - - Permit No. Applicant': _ Gordon Russell - - (Name of Owner) 2750 S. Riverside Drive, Iowa City, Iowa 52240 (address) - (City) (Sate) (Zip Code) Iowa state Highway Commission - - - Aries, Iowa - - Gentlemen,: Approval is hereby requested for the use of Primary Highway Iowa 1 in Sec. 16 - .... (Number) i 794 R 6-W Johnson County f - in Iowa City (Direction) (Place, Town, Etc.) at Highway Station(s) No. 1139 + 00 for the accommodation of an corrigated metal pi De f :line for the transmission or surfarp water - - - - - Theinstallationshallconsistof placing a culvert under ar000sed widening of a -drive at the (Detailed Description) riaht of way line as shown on attached plat and will belocatedas shown on the detailed olat attached hereto. - - AGREEMENTS: The utility company, corporation, applicant, permittee, or licensee, (hereinafter referred to as the Permittee) agrees that the following stipulations shall govern under this permit. 1. The location, constniction and maintenance of the utility installation covered by this application shall be in accordance with the current 'In:va state.Highway. Commission Utility Accommodation Policy. - - - 2. The Installation shall meet the requirements of local municipal, county, state, and federal laws, franchise rules, and regulations, regula- tions and directives of the low, Stale Commerce Commission, Utilities Division, the Iowa State Department of Ilealth, all rules and regula- I!nns of the Iowa State Highway -Commission, and any other laws or regulations applicable.. 2. The Pernittee shall be fully responsible for any future adjustments of its facilities within the established highway right of way caused by highway construction or maintenance operations. _. T'.de Iowa State Highway Commission shall give the Permittee at least 48 hours written notice of any proposed construction or maintenance Work, on either existing or newly acquired right-of-way, that is likely to conflict with the installation belonging to the Permittee, In order that: the Permittee may arrange to protect its facilities. '.5. The State of Iowa and the Iowa State lUghway Commission assume no responsibUlty for damages to the Permittee's property occasioned by - any construction or maintenance operations on said highway. - 5. The Permittee shall take all reasonable precaution during the construction and maintenance of said instillation to protect and safeguard the 117ea and property of the traveling public and adjacent property owners.. 7. The Permittee agrees to give the State Highway Commission forty-eight hours' notice of its Intention to start construction on the highway - --rigit-of-way, Said notice shall he made in writing to the Engineer whose name is shown below. - 8. The Per-ntt.e :lgreer to it, all times give the Iowa State Highway Commission timely notice of intention to perform routine maintenance -b r `epi Ihd rt hl r,f=v.'.Y held nnlihe 011%11 I'd lo the Engineer u.hnse n.uue is shown below. -9. The Permittee, and its contractors, shall carry on the construction or repair of the accommodated utility with serious regard to the safety of the public. Traffic protection shall be in accordance with Part VI of the current Iowa State. Htghway. Commission Manual on Unlfoon Tra:fic Control:.. - Highway Commission personnel may supervise flagging operations where considered necessary by the Engineer. The original place- pent Of sign% and removal on completion of the work shall be accomplished by the (Permittee) (�)• (cross out one) - - - nanceof said utility installation shall be camed I e !n such amanner 13 to cause _a minimum highway ertion, or maintenance 10. Operations 1n the construction and mai Nay because of the construction op v result to said high' ex enLitusr that the State of Iowa ac the. of interference !o o[ distrnction of !°attic a that ma_ hway Commission for any. P been constmcted, operated, _ for any damage the lo'Na tate liig it. Thr Pemittee-s%all he tesPonsibl� -. .. -.. _. and si,ai rem bu may hxvetto Hake on said highway because of said Permittees utility having o said utility. and all causea of tJ'Ja state lli h'Nay Ci _ and jnaintlined thereon. _ _ _ _- _ _ and all itability and expert. - tors' of employe s or [oq and save harmless the State of town and the lowx State highway Commission from an cont or losses. damaKrs, claims, or demands, •rod from any encs, "PresrnLttiVes, emit. 1�ne 7ermittre •,haliiademnify suit.: at lira or. in equltv, Public highway under chi? pe to the ac or omissions oI said F'ermllter's officers int of the p G e for shutdown. ar-.un. or Occup Y _ or their) use maybe considered taus - work caused O'r iccnnnt of d,,! out o init, oc agreement, cost of any. a claws aristnK out of or in Connection with its ( ilwa Commission policy, Pr of the gig Y Bance is assured• or revOcal[on n[ lhr.Pernit. Th q 13.--Wn•compliance with any of the terms the. Permittee. construction will be assesses againstofricials. of celocatfon reimDlirs ement until comp complying hway Oi operations er withholdingthe State in removal of non- to be performed by _ - - job site at all times for examination by tiig 14. A cOpv of the approved permit shall be available on the -0 1 to this Permit: 15. The followind special requirements will app Y f APPLICANT: Ei Title ame or owner Signature. - oTn Rli Na 2750 Riverside Drive Iowa Ci 4y. �a Date paare55 must grant approval roc installation.) r the Council of said tnwn or city b .the Iowa State Highway APPROVAL CF CITY OR TOWNtown to the Iowa State Highway Commission °rants embodied in the above permit executed Y (If proueserl line is wiliva an toot°!°°n loins in the pity -"The undetsfgned City ants and undertakings therein running roved by the Iowa State, egated city Or town official: ' coy :. ermit fs apP �� / l •� _ or !awn. The p C m ril__ non coabenef that all Of the pate instrte to the benefit/of the undersigned city Title - _ Signature Date ,OVAL. BY THF. STATS FOR PRMARY HIGHWAYS Mzurice F. Burr es dent `Aaintenance Enginee[ APPROVAL EY THE S STATE FOR BRIDGE ATTACHMENTS AND INTERSTATE HIGHWAYS Date v Date Recommended Resident ;Aafatenance gineer ilntenance Snglneer Date District M- - W11— App, Assistant Slatntenance gngineec fdAUI ICE F: E ':<R, RPir` y shall be sent to: r. _; X27 ri ht-O[•wa lrrrr� C y lora 351•FIo19 Telephone Notics o[ Intention to start construction on the highwsy K - -- - - hlrnt-tun sllall be cont to: --� Telephone t:otice of Inir. Ilion to start malnlnnaaun un thn hlghyaY r K Address -. t 1en deed for all to+tallattona• , �./Ty �F ��, ,a C 1 v ,� - 1 - ' MEETING OF THE CITY COU • 8� - ( April 1, 1975IW c \mil l March 1, 1975 THRU March 13, 1975 GENERAL FUND_ - -. Tom O'Leary et. al. Concrete repair service $3,748.95 Hospital Service inc. Health insurance 11,504.85 Tri-State Aero Engineering Company Technical service- 4,487.85 Iowa Illinois Gas & Electric-- Gas & electric charges 1,833.00 Iowa City Assoc. of Indep. Ins. Agents Comp. liability 4,000.00 Northwestern Bell Wats 891.12 D & J Industrial Laundry Uniform rental 1,129.40 - McKesson Chemical Company Chemicals 91.75 Jo. Co. Dept. of Social Ser. Aid to agencies 67,751.67 - Lind' s Frame Up _ _. Frames - 342.50 _. Winebrenner-Dreusicke Inc. New vehicle 13,519.70 Iowa Illinois Gas & Electric Gas & electric charges 5,509.69 Cresent Electric Supply Company Electrical supply 681.82 Goodyear Service Stores Tires 29.34 Courier Printing Outside printing 152.76 Hawkeye Tent & Awning Equipment repair --- 3.00 PPG Industries Building repair 70.38 Penny K. Davidsen Travel expense 111.25 _Iowa State Printing Division Book : 88.00 Carol deProsse - Travel expense 44.95 - _... Red _ Carpet. Travel Travel expense - 531.13 The Brooking Institute Book - - - 4.95 Steve Maher Clothing 15.00 - Bruce Glasgow Refund 30.00 James A. Clavic Refund 30.00 Inter. Assoc. of Chiefs of Police -Book- - - -- -31.73 - Metro Pavers - Vehicle Rental 324.00 Green Construction Vehicle Rental 180.00 Elbert Assoc. Data processing _- 2,211.31 Honohan, Epley, & Lyon Attorney fees 8.16 Plum Grove Acres Street Paving 2,632.74 Martin Brothers Equipment & Supply New equipment-. 4,220.00 American Art Clay Craft supplies 517.07 Urban Renewal Building rental 10.00 Manulife Life insurance update 813.65 Interstate Shopper Outside printing 17.00 Churchill Chemical Company Industrial supplies 35.70 Brenneman Seed & Pet Center Pet food 2.00 Hawkeye Medical Supply First aid supplies 44.65 ' Econogas Service Propane 1.55 Mays Drug Animal care supplies 1.79 Radio Trade Supply Company Misc. operating supplies 43.98 ` Jo. Co. Treasurer Report 16.00 City of Cedar Rapids Books for resale - - 105.00 Warren Rental Operating >equip. _& repair _ -,272.87 --- __ Ain. Physical Qualification Testing Co. Technical service -.13.00__ Sheriff of Jo. Co. Service fee 3.00 Landscape Architecture Magazine Magazine 10.40 Am. Society of Am. Officials Advertisement 62.60 Litton Educational Publishing Book 21.61 Inter. City Management Assoc. Office supplies 10.00 Seymour Smith & Sons Misc. operating supplies 1.00 Quill Corporation Office supplies 221.07 DISBURSEMENTS LIST - ......PAGE 2 -... -. GENERAL FUND (CONTINUED) New Process Laundry & Cleaning - ---- Laundry service- -50.85.. _ - Midland Bindery Book repair 56.55 - - Nagle Lumber -- Misc. supplies - .. 9.72-- Lenoch & Cilek Misc. operating supplies 11.07 ; Frohwein Supply Company Office supplies - 11.33 Economy Advertising Outside printing 72.50 Multigraphics Div. Printing supplies 5.10 Tartan Book Sales Book 7.10 The Publishers Guild Book 40.50 Publications - Ohio Library Assoc. Book .50, The Old -House Journal Book 11.50 New York Public Library Book 2.00 New York Botanical Garden Book 1.50 ` New Times Book 6.00 _ - NEEMA Bicentennial Committee Book 1.00 BarronMotorSupply Paint 75.58 _. _ Iowa Lumber Company Building-repairsupply.- --- --110.30- Iowa State Department of Public Safety Rental 100.00 Credit Bureau of Iowa City .Technical. service _ - 100.00 - - Animal Clinic - - - Vet. service -Matt Douglass - - _ Refund - 4.00 Ideals Publishing Company Subscription 8.50 City of East Orange Report 2.00 League of Women Voters of U.S. Book _ 7.00 Inter. City Mgmt. Assoc. Subscription 100.00 -- Freese-Notis-Assoc. Inc. - Technical ser. ._175.00- Michie Company _ Books _ 50.00 -- Henry Pois Clothing 15.00 Steve Ward Clothing 15.00 Hayek, Hayek, & Hayek Attorney services 2,185.50 - APWA Education Foundation :.Registration - _ _ - 150.00. Soil Testing Ser. of Ia. Engineering ser. 315.24' The Merritt Company Subscription 36.00 - - International MFOA - - - - -Registration - -. - - 350.00 Monroe Calculator Co. Office equip. &`maint. 1,255.00 McCormick Paint "& Wallpaper Center Paint & supplies 69.00 Hy Vee Food Store #1 Rec. supplies 12.51 GilpinPaint& Glass Paint & supplies 46.47 Kelly Heating Service Building & equip. rep. 70.00 , Hack Brothers Co. Equipment repair 287.90 Rocca Welding & Repair Equipment repair 28.13 Grace -Lee Products Cleaning supplies 116.70 ASPO - - - Registration - _ 70.00. Baker Paper Company Operating supplies P 85.50 Fleetway Misc. supplies & paint 65.62 Northwestern University Registration 300.00 Fidlar & Chambers Subscription 72.65 Nat. Register Publishing Company Books 24.00 Metropolitan Museum of Art Books 3.06 John Botsford Book Company Books 243.26 Iowa Book & Supply Books 8.95 GENERAL FUND (CONTINUED) 'Phe llighnmith Company Office Furniture 1.1.8.07 Epstein Bookstore Books 18.80 Ebsco Subscription Ser. Books 686.04 - Directory Publishers Company Books 10.00 Coordinated Library Info. Pro. Books 3.00 Commerce Clearing House Books 7.58 Chamers Record Corporation - - Records - 21.63 - - C.W. `. Associates - Book - - : - 44.65 The Baker & Taylor Company Book - - 143.65 - American Institute of Parliamentarians Book - 17.55 , Am. Collegiate Employ. Institute Book 6.00 -- Advertising & Marketing Ser. - Book - 1.25 Iowa Illinois Gas & Electric Gas & electric charges 759.51 R.R. Bowker Company Publication 17.40 American Co. Technical service 74.31 Henry Louis Photo supplies 27.10 - Hack Brothers - Rest roam supplies 149.77 - J.P. Gasway-Company Printing supplies 57.84 Demco Educational Corp. Misc. supplies 18.95 C.R. Public Library Outside printing 3.70 Bob's Radio & TV Ltd. Misc. supplies _ 72.00 - MacKenzie Interiors Inc. Office equip. 345.00 Systems Unlimited Inc. Rental 24.00 Johnsons Machine Shop Building supplies 81.58 Johnson County Recorder Recording service 9.00 Kirkwood Kwik Kleen Laundry ser. 43.60 Welt, Ambrisco, & Walton, Inc. Bond 20.00 Russ Mishak Agency Insurance 2,475.00 _ City Electric Electrical supply 134.26 - University of Wisconsin Registration 100.00 Sieg Company - - _ _-- Misc. supply - 1.67 James Jones Clothing 15.00. Petty cash Misc. supplies 26.18 Hawkeye Wholesale Grocery Operating supplies 143.05 New Process Laundry & Cleaning Uniform rental 302.74 Schroer Mfg. Company Misc. operating supplies 21.61 - PPG Industries Paint &. supplies- - 62.99 - Keith Wilson Hatchery Animal food : 70.95 Aero Rental Equipment rental 12.00 s Gringer Feed & Grain Animal food 9.60 Breese's Misc. supply 16.21 Truck Index Subscription.. 25.00 Arnold Y. Chong M.D. Medical service 135.00 Steindler Orthopedic Clinic Medical service 485.00 Otologic Medical Service Medical service 25.00 Mercy Hospital Medical service 1,813.70 U.S. Post Office Postage 880.00 ' Medical Associates _ Medical service _ 15.00 L.L.Pelling Company Machinery rental : 961.00 1 - DISBURSEMENTS LIST PAGE 4 _. ..- - GENERAL- FUND (CONTINUED) John Stevens Trucking Company Rental 801.00 Iowa City Excavating & Grading Inc. Rental -- - 549.00 Raymond R. Scott -- Rental 162.00 - Schlinter Bros. Const. Co. - Rental- 162.00 _.. -- - Swartzendrubers Locksmith - Building repair - 37.20 Carl Chadek Trucking Service Rental 261.00 Johnson County Ready Mix Rental 153.00 Hawkeye Lumber Lumber 180.10 - Petty Cash Misc. supplies 154.27 ' _ Wolf Construction Company - Rental - - - - -- 206.25 - Wendall Ackley Rental 153.00 - - Barkers- Inc. Rental _ 837.00 Terry Bowman Rental 153.00 Henry Linne Jr. Trucking Rental 171.00 $149,883.15 CAPITOL PROJECTS Metro Pavers inc. Street construction 8,280.00 Howard R. Green Company Engineering service 892.86 C.L.-Carroll Company Sewer system improvements 6,309.35 Iowa Road Builders College street parking 42,322.84 C.L. Carroll Company Ground improvements 2,137.50 Gaskill Signs Inc. Rental _ 625.00 Hawkeye Lumber Building supplies 28.70 $60,596.25 - ENTERPRISE FUND - Veenstra & Kimm Engineering services 6,000.00 Iowa Illinois Gas & Electric Gas & electric charges 1,096.49 Hospital Service Inc. Health insurance 1,489.45 Northwestern Bell Wats - 141.75 D & J Industrial Laundry Uniform rental 523.30 McKesson Chemical Chemicals 3,712.16 Iowa Illinois Gas & Electric Gas & electric charges 10,111.65 Cresent Electric Supply Misc. operating supply _ 81.96 - Roger Christianson % KRNA Refund. .4.00 Frantz Construction Water refund 4.62 City of Coralville Sewer service - ` 20.43 John Cambier Water refund- 1.12 Edna Dooley Water refund 5.46 - - S.S. Kresge Water refund - ,62.:45 James Garbarson Water refund 6.61 Goodwill Industries Misc. supplies 24.00 Harold F. Tyler Refund 40.00 The Bond Buyer Publication 50.51 Michael Todd & Company Tools 192.35 Olin Lloyd Refund 7.41 DISBURSEMENTS LIST. _ - _ - PAGE 5 ENTERPRISE FUND (CONTINUED) 6.52 Larry_ Foster Refund Refund 3.00. Laurence Brauer Refund - 2.32 _ Frank Boyd Operating_ supplies 6:25 Novotny's Cycle Center Meter rep. supplies 19.00 Johnsons Machine Shop Rental 55.00 Culligan Water Conditioning Membership 25.00 ._.American Waterworks Assoc. supply 82.34 City Electric Misc. - Minorequipment10.95 Krall Oil_ Misc. supplies 130.21 Zimmer & Franceson Water refund .52 _- Shelley Walton Water refund _1.77 J.C. Hindes Water refund- - 11.38 Don Williams Jr. Tools 5.49 -: Breese's - Water -refund --- _ _ _ 3.61 Blaine Thompson Water refund 3.87 Wendall Freed Water refund 6.81 - Frantz Const. Company Water refund 20.74 Edwin O'Brien Minor equipment 58.40 Hawke a Lumber y Misc. supplies 11.89 Petty Cash 24,040.79 TRUSTS AGENCY 4,117.59 June Higdon, City Treasurer Fire retirement 4187.44 , _ -June Higdon, City Treasurer Police . retirement Coffee room supplies 30.00 Coffee Time Coffee room supplies 15.30 Hawkeye Wholesale Grocery Coffee room supplies 112.64 John Nash Grocer - -- Misc. supplies 80.30 Petty Cash $8,543.27 INTRAGOVERNMENTAL SERVICE Payroll transfer $145,897.12 Hawkeye State Bank Gas & supplies 249.07 Paul's Texaco Payroll transfer 4,368.59 Hawkeye State Bank Gas &electric chargee 817.53 - Iowa Illinois Gas & Electric ----_Payroll transfer -. - .... - ._1,399.79 Hawkeye State Bank Health Insurance 1,124.45'' Hospital Services 74.28 Northwestern Bell Wats Uniform rental 246.80 ' D &.J Industrial Laundry Gas &electric charges 6 27.48 Iowa Illinois Gas & Electric Vehicle repair supplies 86.11 Czesent Electric Supply Company 10,658.00 Cline Truck &Equipment New vehicle Travel expense 170.00 Robert Keating Refund 15.00 Donald Levy Vehiclerepair10.00 Saylor Locknmithing - 3.00 Refund Vernon McKinley _ DISBURSEMENTS LIST - - PAGE 6 - INTRAGOVERNMENTAL SERVICE (CONTINUED) _ - -- 16.00 Roger D. Milkman Refund 9.83Freighb Crouse Cartage Company - Repair supplies 383.34 Alterfer Machinery Company Supplies 1.00 Polytechnic Data Corporation 225.80Rental Xerox Corporation Vehicle repair supply 293.60 Barron Motor Supply Vehicle repair supply 3.65 Larrys Texaco Refund 99.70 Shirley Knight Vehicle repair supply 81.03 Capitol implement Refund 50.00 Sunnar Krogh Publications 103.40 The Daily Iowan Car washes 87,00 Hilltop. DX - - Dreusicke General repairs 16.01 36.89 Winebrenner Welding & Repair Vehicle repair 35.00 Rocca Robert P. Keating Travel expense - supplies71.25 245.92 Johnsons Machine Shop Vehicle. repair Vehicle repair supplies Tri State Toro 7,579.51 Krall Oil Gas Vehicle repair supply 115.33 Sieg Company Meals 4.56 Petty Cash payroll transfer 146,361.55 Hawkeye State Bank Printing supplies 14.25 -Perfection Inc. General repair materials 1,715.03 Cline Truck & Equipment Company Rental 12.00 University of Iowa General. repair materials 18,85 Hicklin GM Power4,261.91 Operating equipment Breese's Paint 35.10 1,181.79 Hawkeye Lumber Vehicle repair supply 83.41 _Herman M. Brown Company Water deposit refunds 328,889.93 Various - LEASED HOUSING 2.96 City of Iowa City Water bill Labor -- 23.00 Robert W. Fox10.64' Gas & electricity charges Iowa Illinois Gas & Electric Security deposit refund 50.00 John Elarton24.60 Security deposit `refund Lois A. Northup Repairs 17.22 Gilpins Paint & Glass 128.42 URBAN RENEWAL _ - _ .. _ _ _. - 13.25 District Court of Johnson County Legal costs Rental assistance 1,383.05 Robert Hwang Rental assistance - 1,260.00 Mickey Morgan665.00 Building rental 300.00 Washington Park Inc. Appraisal fee Hoffman -Waters Realtors Iowa Appraisal & Research Corporation Sheriffs fees 250.00 3,871.30 • City 01 14[)W•y3y �j�� MEMORANDUM DAT.-: March 25, 1975 TO: Heal Berlin, City Manager l FROM: Bill Ileppl, Administrative Assistant i f� RE: Larvacide and Mosquito Control Program I discussed with Lyle Fischer, County Health Department Officer, the possibility of implementing a larvacide and mosquito control program in Iowa City. Last year Mr. Fischer approached both the City Manager and the City Council and presented a program to them for controlling mosquitos. The estimated cost for the program last year was $21,000:- The presentation was made by Clarke Outdoor Spraying Co of LaGrange Illinois. The Council last year decided not to implement this program. Because mosquito control is a possible public health hazard, Mr. Fischer must approach the Council from a public health standpoint. Accord- ing to Mr. Fischer, the program should be sold as a nuisance control program. I a=ked Mr. Fischer what type of minimum program would be sufficient for Iowa City. According to Mr. Fischer, two larvacidings (granular dropping by heliocopter in identified breeding areas) in the early spring and later 4 _ in the summer plus three adultacidings (ground fogging of live, flying adult mosquitos) on three separate occasions would be sufficient for Iowa City. He indicated the larvacidings should start sometime during the 6 middle of May and the adultacidings should start during the latter part of I May. The estimated cost of this mosquito program is approximately $12,000 to $15,000. If the Council should decide to implement this program, the funding for itwouldcome out of the Environmental Protection Fund, under the sanitation function. In considering this program, the Council should remymber that this program is above and beyond the policy level decided upon for delivery of services during FY 1976 budget deliberations. This is an additional program which would require funding from sources already identified for other purposes. The County is retaining the program again this year. Mr. Fischer in- dicated to me that Marion, Bettendorf and Des Moines were cities which had implemented this program. If you would like, I can contact these cities and get information from them regarding this program. 9 I jj i -- - WILL J. HAYEK JOHN W. HAYEK C. PETER HAYEK HAYEK. HAYEK a HAYEK -. ARE. COME 3:9 ATTORNEYS AT LAW - - - -: -- - 337.9606 Ito EAST WASHINGTON STREET - IOWA CITY. IOWA 52240. March 31, 1975 The IIonorable Mayor and City Council of Iowa City Civic Center Iowa City, Iowa 52240 Re: Della Grizel Letter Concerning Ralston Creek Neighborhood Coordinating Committee - - Mayor and Council Members: At your request I have reviewed the letter of Ms. Della A. Grizel, 1530 Sheridan Avenue, concerning the Ralston Creek Neighbor- hood Coordinating Committee. I am sending a copy of this letter to Ms. Grizel for her information also. If you will recall, the Ralston Creek Committee was discussed in a memorandum from Carol deProsse to the Council dated February 18, 1975. in a letter to the City Council of March 12, 1975, Ms. Grizel raises several questions which I will attempt to answer in the order in which they appear in the letter. My response to those questions is as follows: 1. Was the drawing up of the 5 -point proposal a violation of the open meetings lav? I do not believe that meetings of this Committee are covered by Chapter 28A of the Code of Iowa. The open meetings statute does 'apply `to committees created by the City Council. Since this Committee was not created by the City Council, I do not believe the statute applies. 2. May City Council members be members of a citizens' advisory committee? I am not aware of any ordinance that either permits or prohibits Council members from being members of a committee of this sort. It would be my view that there is nothing which would prohibit such membership and participation by members of the City - Council in their individual capacities. 3. Must meetings be scheduled in advance with the Clerk, Honorable Mayor and City Council of Iowa City - 2 - March 31, 1975 held in Council chambers and the like? My answer to this question is similar to the answer to Question 1 above. Since I do not believe the open meetings law covers meetings - - of an ad hoc citizens committee of this sort, I do not believe that any of the requirements outlined in Question 3 would apply. 4. Is there a violation in appointing members to the Committee - from a small area of the city rather than a city-wide areal Again, since I regard this Committee as an ad hoc citizens committee not created by the City Council but rather created by interested citizens, I do not believe any violation occurs. - I believe the situation would be somewhat different if this were in fact a commission or board created by the City Council. 5. , 6. , 7. The responses above I believe cover these three questions. As I understand the February 18th proposal, the Coordinating Committee would not select the consultant for any city-wide comprehensive water management plan. Basically, I understand that the Ralston Creek Coordinating Committee is a citizens' advisory committee much as is C. B. I. C. and other similar groups. As such it does not have any official status under the ordinances of the City of Iowa City. Therefore the provisions of the open meetings statute would not apply. In this regard, you may have recently read of a decision in Polk County District Court covering a similar type of committee and of efforts by some in the legislature to have amendments to the open meetings law enacted which would change this. With respect to the employment of a consultant, it is my opinion that the authority to employ a_consultant is vested with the City Manager and the City Council. Having, of course, said that does not mean that they may not seek advice from interested citizens groups and others. Respectfully submitted, Jon W. JWH:vb cc: Ms. Della Grizel .'- i�s :i10 H!glrl.tntl llvcnue.-.. In n::il;, Iowa... F'iron I.larch 7.7 , 1975 t; Ralston Creek P.L. 566 Watershed Arvrnxal 1-jeetino j • anddan3ers, operators and Other interested Parties in Ralston Creek :dater :hed r. P.L.66 Ralston Creek :i?iershed .-c oc�at_on The 3r -d ^1 =1 meeting of the a� $ 00 pa. ir_ the rust is conal grill re held on Friday, April 41 1975 1117 'Jilliam, Iowa City. is :br th_ ceetin;, attached• di71 h to:.!-ing fo-rvr_ard to ceei:� you April itti . Sinc• r ly, John ltaters::ad Ch...ir;,e+.n JL: id gy�t stiVe tii}-1 be y3I e p1 �.z'�os Jour J - r, �;1t L01Z% n''l.u'S 'J p,1• _ r 12AI �7.'Oc( CItu:x P. L. 566 WA'T'ERSHED I+IMI17G Friday, April 4, 1975 8:00 p+m- John Lindemann, Chairman of the Welcome: General Watershed and member of the Introduction - 'Johnson County Soil Conservation, Watershed Committee District Commissioners District Commissioners !f Others "protect Iowa Soils,, Slide Presentation SCS on Erosion in Iowa - 1974 I Neal Williamson, Bill IRulder Soils - Soil Survey Soil Scientists Larry Heaton, District Conservationist Proe- Report - Review Needs, U. S. Soil Conservation Service SReport status Co;; 4- Charles Humphreys; Chair an :SCS Federal Cost—Sharing Agog County Co mittee Dalc Shires, Director Coacervation Tilla.�e _ County Extension Service Heaton r ti'her^ ;Jo From Here qos;_ons, Di::cucsion, etc. '- Ad j ouLTiment REM. . SI99ii-2I1S I- ILL BE SERVED HAYEK, HAYEK. &_HAYEK 9-- WILL J. HAYEK ATTORNEYS AT LAW - - .AREA 337--96069606CODE - JOHN W. HAYEK 110 EAST WASHINGTON STREET -. C. PETER HAYEK IOWA CITY. IOWA 52240 March 27, 1975 The Honorable Mayor and City Council of Iowa City Civic Center Iowa City, Iowa 52240 Re: Joint Law En-forcement Study Committee Mayor and Council Members: Recently you requested an opinion from me concerning the legal status of the Joint Law Enforcement Study Committee. This opinion was in connection with questions raised by Councilmember requested Neuhauser. The Committee consists of representatives of the City, Johnson County, the University, and Coralville, The City's authorization to participate in the Committee is contained inResolutionNo. 74-520 in which the City agreed to cooperate in the development and conduct of a feasibility study and to participate in "an interjurisdictional committee" - to coordinate the project. The resolution further authorized that $1, 754 be provided during calendar year 1974/1975 for the project. Johnson County adopted a similar resolution on November 19, 1974. Although the Committee does receive staff assistance from the Regional Planning Commission and has some informal, ties to that Commission, it is not a regular committee of the Commission. It is in the nature of an ad hoc committee created by the joint participation of the governmental units involved. It therefore does not have a separate legal status as would an agency created under Chapter 28E of the Code of Iowa. For that reason it does not, in my opinion, have the power to enter into contracts or to receive and disburse public funds., The Committee certainly does not have the authority to contract on behalf of the City of Iowa City. That power can be exercised only by the City Council of Iowa City absent a formal Chapter 28E agreement of some sort. With reE-pect to the architectural contract involved, it is my understanding that the Board of Supervisors of Johnson County has or will Honorable Mayor and City Council of Iowa City 2 \March 27, 1975 be entering into the architectural contract. Iowa City will not be asked to enter into this contract. Presumably the funds appropriated by Resolution No. 74-520 would subsequently be paid over to the County to be applied on the contract or would be paid directly to the architect. I would think that any payments that would be made directly to the architect should be made on the basis of written confirmation from the County that the work in question has in fact been performed. In the future, it would seem to me advisable to specifically outline, in writing, the duties and responsibilities of committees of this sort and further outline, in writing, the authority by which funds will be expended. I hope that this report answers the questions that were raised. I will be happy to discuss this with you further if you wish. JWIi:vb cc: Mr. J. Patrick White Mr. Robert Hilgenberg Respectfully submitted, Jo*nayeEk F�R—LED AFA, t ;a75 ABBIE STOLFUS CITY CLERK I 3 HAYEK. HAYEK a HAYEK WILL J. HAYEK - - 'ATTORNEYS AT LAW _ _ AREA CODE Sts JOHN W. HAYEK 110 EAST WASHINGTON STREET 337-9606 :. C. PETER HAYEK. IOWA CITY. IOWA 52240 March 31, 1975 City of Iowa City Civic Center Iowa City, Iowa 52240 Attention: Mrs. Abbie Stolfus Re: Designation of Persons Authorized to Make Investigations and Findings under City Human Relations Ordinance Dear Mrs. Stolfus: By virtue of the provisions of Section 10. 2. 23 of the City Code of Iowa City, I am, by this letter, officially designating persons to make investigations and findings under the Iowa City Human Relations Ordinance, Chapter 10. 2 of the City Code. This letter should be kept permanently on file in your office for reference purposes. My previous letter to you of December 12, 1974, designating Mr. Mark Doolin is hereby revoked. I designate Ms. Candy Morgan, the City Human Relations Coordinator, as thepersonwho is authorized to make investigations pursuant to Chapter 10. 2 of the City Code. Ms. Morgan's reports on her investigations, which should be in writing, should be referred to Mr. Robert Bowlin of my office for concurrence in the determination of probable cause or no probable cause. If Mr. Bowlin concurs in the probable cause finding, thereportshould be considered as afinding of probable cause by the City Attorney. If Mr. Bowlin does not concur in the finding, the report should be considered as a finding of no probable cause by the City Attorney and the Commission may proceed to make its own determination as set forth in Section 10. 2, 16 of the City Code. As indicated before, I believe that the above procedure is appropriate in ' light of the employment of the Human Relations Coordinator by the City. - However, because the finding of probable cause/no probable cause is a City of Iowa City - 2 - _ March 31, 1975 quasi-judicial determination having serious implications, it seems to me that it should have input from the City Attorney's office as required by our ordinance. _ _ _ - _ _ Respectfully submitted, <5n Hayek JWH:vb:18 cc: Mr. Robert Bowlin, Assistant City Attorney Ms. Candy Morgan, Human Relations Coordinator Mr. Neal Berlin, City Manager Ms. Mori Costantino, Chairperson, Human Relations Commission ■ east central iowa 0_0 0 association of regional planning commissions 00 March 1975 DEADLINE APPROACNF.S Within the nextfourmonths officials representing over 50% of Iowa's population will have to make arrangements to come into compliance with the July 1, 1975, deadline for acceptable means of solid waste_ disposal. While this may not seem like much time the law which required the establishment of sanitary disposal projects was adopted in May of 1970. Fifty-one sites have been issued permits, 45 of the sites being sanitary landfills. These permitted sites serve 47% of the citizens of Iowa. DEQ has notified all of the200cities, towns or counties that have not yet completed the requirements, -reminding them of the_ deadline and explaining the available options. DEQ Bulletin, March 1975 SUMER YOUTH EMPLOYMENT East Central is polling local governments in an attempt to deter- mine the number of youth each could use. At present this is primarily an identification of needs within the region. There is no guarantee of an allocation. After the survey is completed we will have abetter idea of the needs versus jobs available. The Summer Youth Program will be funded from the Comprehensive Employment -and Training Act (CETA) and will probably be administered in this area by HACAP. The program should commence in June. CONSIUNITY-DEVFLOPMENT APPLICATIONS Of the 19 CommunityDevelopment Preapplications submitted to HUD from Area Y only one community was invited to make full application. Although there were many outstanding projects, it seems the demand far outstripped the available funds. - HUD -Omaha got 207 Nonmetropolitan Preapplications=_equesting $60.2 million. Approximately 30 local governments were invited to make full 111)1 )1 l.cuL101) for thv $4.1` million avul.lable. information newsletter oily col nv-�,Va coy .4:FTOM t DATE: March 27, 1.975 i_TO: - members of the City Council j FROM: Personnel Office -- - R=: Status of Women with the City of Iowa_ City.: Since signing Settlement Agreement with the Equal Employment Oppor- tunity Commission, the City of Iowa City has made considerable progress in recruiting and employing females and members of minority groups. / The City has expanded its recruiting efforts to attract Females and !, !. t !; .minorities. All position openings are advertised in -the Iowa City Press citizen and through vacancy announcements to So designated Affirmative Action -oriented organizations. Professional and Admini- strative positions are further advertised in the Des Moines Register and applicable professional journals. In accordance with the Agree - 1 nent,.all City employment announcementscontain-the-statement, "The City of Iowa City is a merit, Affirmative Action, Equal Opportunity �. Employer: Female/male". During the course Of the Agreement, the City has made initial "first its job classifications, such as Animal female" placements in many Of Control Supervisor, Refuse Coliector, Street Maintenance Worker.,. custodian, Bus Driver, Water !deter Reader, Building maintenance Leader,Plan- Landfill l_ Landfill Attendant, Equipment Service Worker, Engineering Aide, Plan - Associate Planner, ning Technician, Cemetery Supervisor, r, Assistant e. Recreation Superintendent, Assistant- City Attorney and Human Relations Coordinator. IOf "promote from iThe City is also endeavoring to establish a policy 1 within"- to further our Affirmative Action goals. Some examples o� er, upliting promoted females are Animal Control Supervisor, andeAssistantaRecrea- f machine Operator, Secretary to the City_tdanager 11 tion Superintendent. a The City also recently thoroughly revised its Classification female- Plan, nd Pay 111 Plan, -with the most apparent reclassifications affecting resultant dominated clerical positions. upward reclassification and salary increases ranged from 10 to 27 per cent. hires during the past year and for the � - if we look at applicantsandh ears. q' first quarter of 1975, the follo:•ring statistical --picture app male all vacancies, the applications were In 1974 for 50% male, 40% i and 74 minority members. The placements from this field of-appli-- female and 10.6% minority members. The cants were 50.4% male, 49.6% ! pl.iu;ement in fi.qures n l.i.ght Of the applicant figures graphically demon - 1j ALf:i:cui�l:i.v hct:ion. I' r th(r fir -t, ��uartcr of 7975, the appli- 7 r_ '/'l..'/% mala, 27.3A`e r.a).e ane] 5.4� :a.f.n f ca_ionc; for all vacancie_ ,rer. ority member! -..Placements for. vacancies in the first quarter of r 4)..7 7, -..Sema -):e -and f3.3;: mi.nor..i ty members. These-- -- 3 1975 were �II.S2 male' 9 . TO: !:embers of the City Council FROM: Personnel Office - - - - - - - RE:. Status of Women with the. City of Iowa City -- -- -- -- figures again attest to positive movement toward our Affirmative Action goals. - A_considerable amount of progress hasbeen made, aareat deal re- mains to be done. This office looks forward to working with the Human Relations Coordinatorinmeeting our Affirmative Action coals by February, 1.976. t >- CITY OF IOWA CITY University. Heights Contract - ..Proposed Contract Calculation - - _`i _ ._.based on._FY1976 Budget Leisure & r0 Environ. Cultural Trust s Public ort. Debt Total Co^unun�t: Trans-Protection..Orog Service" Agency $ Deve. Safety ram Admin.Program Program � -- Program Program $ $ Program $ 176,419 696,741 6,357,628 $ $ 618,712 994,675 Budgeted Expenditures 1,166,517 499,806 1,624,624 580,134:. _.. 781 27,832 - 8, 17,864. 101,864 Budgeted Receipts 38,404 4,946 - 1,318,882_ Less: Univ. Hgts. - 4,037 _ - • Contract 66,600 1392 —- 1,q2 6 contract 5q7 189,910 402,760_ 167 �— _ - 459,683 60, 407,706 Receipt Adz• �— 22� 4 � _ q5 4,93 2 - - _ -827;461 17� 6� 172,428 543,331 Expenditures -222 1,396,310 706 - Contract_Exp ,834 43_x2 (Shared) $ 8 --T� vat 1/1/74 : _ - 96,404,870 96.616 Iowa CitY3,377,168 - 3.384_ - University Hghts• �- 99,782,038 4,936,882 X .03384 = $167,064 rotated property tax = $ 2,600 50 Contract Expenditures X p Estimate FY 1976 -_- - tract Calculation: Property tax on Water Utilities (Contract 11-8-61) estimate FY 197• $171,114 Total Hydrant Rental on Water Utilities (Contract 11-8-61) Department of Finance only and Library Bond 8/62 March 26, 1975 * Mass Transit and Airport 2/66 and 10/71, - �= Debt Service, in Street Maintenance functions. Adjusted for employees CITY OF IOWA CITY DEPARTMENT OF FINANCE - MEMORANDUM To: Members of the City Council ge University Heights Contract -3/25/75 On Thursday, March 27, 1975, you are scheduledtomeet with the - Council from University Heights. As you know, we have been discussing with members of theUniversityHeights Finance Committee a renegotiated _ agreement for service between the_two communities._ We assume that the -- service agreement will be a part of your discussion on Thursday, and as a result have assembled. the attached information as a background and -' briefing on the current status. The attachments include: - 1. A copy of a resolution dated February 1, 1966 passed by the Iowa City Council which initiated the current agreement. -- - 2. A copy of a resolution dated April 14, 1966 passed by the UniversityHeights Councilwhich outlines .the intention of the current agreement and states the Basic Principlesof -.same.. - 3. A copy of the current Agreement dated November 2, 1966. Payments--under--the current contract are approximately $82,000 - - per year based upon 1973 tax effort. We had agreed to extend this amount to 6-30-75 in order to provide transition to a new contract based upon Program Budgeting under Chapter 384, Code of Iowa as of July 1, 1975.' - 4. A copy of a letter to the Chairman of the University Heights Finance Committee which transmitted a proposed agreement to replace the one currently in existence. 5. A copy of the proposed agreement. .If you have any questions prior to Thursdays. session, please do not hesitate to contact me. J.B. Pugh, Jr- Director Department of Finance cc: City Manager City Attnrn.y ACLLy l:lcr.l< tti.. J2.J1_ t.: ' l:dEREAS, a co• i.ttee of the University Heights Council has indicated that tney wish to make available to University -'eights citizens the services found in the 'Municipal Enterprises --nd Parks and Recreation Funds and FiP?'_1 , S, the details ;ac: e lr:fL to be worked out by the City Clerks of _ University i1ei$hts and lata City and this vill take .1lit'tt ti Tf_'. ,. and the results trill have to be approved by the respective Councils _ all .-.r,-., „ Muni T1i;R�=ORi: F.1•. 1. RESf,•L\,:n Li:at ..�_�L c^ in .•t_r_..ipal Enterprises and Tarks & Recreation, includinS L-ae Library ::nd the Recreation Center, be ec _erdad i,...ediately to the University Heights citizens on the same basis and with all the privileges of: Iowa City residents. Thew privilc es :are to continue ::n agre�nent is formally approved by the respective Councils or the Ci;-. i•M�-a.ger reports that no aZreer:.ent could be reached. BE IT FU?_,3ER RESOL1 rn that refund be made for payments :Wade on an -individual basis <h1-r.l.ng the year 1.966 and .the City Manager_ i.. authorized and directed to trcite a letter to th• University D.-ights Coun-cil on behalf of this Council e>:pressing our appreciation and continued willing"..ess to cooperate - with them in working out an equitable and reasonable agreement between the citizens of the respective cn:— unit-ies. It was coved by Hickerson and seconded by Lind that the resul.ut-ion as read'be adopted and that upon roll call there Caere: Ayes: rurger, Hickerson, Hubbard, Lind. Absent: Nesm,* th. Passed and approved this 1st day of February, 1966. Mayor: t' LES-... I .. tt (::.�•.��..:�{--• _. City Clcr:: J r TOWN OF UNIVERSITY HEIGHTS, IOWA - Whereas, the Townof-University Heights, Iowa, .desired by a ra- -- --- jority vote to remain an independent political unit and - Whereas, the City of Iowa City, Iowa, passed a resolution in- dicating the conditions under which certain municipal services to the Town of University Heights may be purchased for 1966 but all municipal services must be taken as a unit in 1967 and following years and Whereas, the Councils of both communities agreed that a policy should be established that is fair and equitable to both municipalities, NOW THEREFORE BE IT RESOLVED that the Town of University heights, Iowa, will compensate the City of Iowa City, Iowa, in 1966 and ensuing years for Public Safety (including the appropriate portion of 'Crust and - Agency), Municipal Enterprises, Parks and Recreation, Utilities, and San:- - -.- tation. The amount of financial support for these services will bebased on the Basic Principles attached and dated 31 March 1966, with appropriate adjustments for the existing contracts for Fire Protection, Police Pro- tection, and Sanitation, BE IT FURidER RESOLVED, that the following funds be eliminated from consideration: General: Each municipality incurs expenses which are recompensed by this fund and each municipality should levy taxes to provide for this expense. Road Use Tax: Each municipality receives its own pro-rata share based on population. Liquor Profit: Each municipality receives its own pro-rata share based on population. Streets: In that streets are so closely relaced to Road Use Tax it is proposed this service remain as a-separate responsibility of each community. - BE IT FURTHER RESOLVED, that a reasonably long term contract-be- drawn with provision for automatic extensions and which may be altered, terminated or reinstated by mutual agreement of the Councils of both Wuni cipalities. Payments shall be made at the end of each quarter. Any adjustments shall be determined at the end of each calendar year unless the contract is terminated, in which case adjustments shall be made within 90 days after termination. Resolution presented by Councilman Hausler. Councilman Armstrong introduced the above resolution and moved _.._._ its adoption. Councilman Bradbury seconded the motion to adopt. z_ The roll was called and the vote was: AYES: Armstrong, Bradbury; Hausler, Larsen, Noone. NAYS: None NOT VOTING: None ABS ENT: None Whereupon the Mayor declared the above Resolution duly adopted. PASSED AP7D APPROVED this 14th day of April, 1966. N-1 Mayor ATTEST: &i,4. own Clerk IOWA CITY, 1014A, AND UNIVERSITY HEIGHTS, IOWA PROVISION FOR MUNICIPAL SERVICES Basic Principles 1. The net amount levied as taxes on real estate (house and/or lot) in University Heights, Iowa, should be the same as the net amount levied as taxes on real estate (house and/or lot) in Iowa City, Iowa, for those services provided. 2. The following funds should be eliminated from consideration: General: Each municipality incurs expenses which are provided for by this fund, and each municipality should levy taxes to provide for such e eases. Road Use Tax: Each municipality receives its own pro rata share which is based on its population. Liquor Profit: Each municipality receives its own pro rata share which is based on its population. 3, In that Street is so closely related to Road Use Tax, consideration should be given to the elimination of General, Street, Road Use Tax, and Liquor Profit Funds from consideration. 3 _ 4. A loading to be added to the net amount levied as taxes should reduce to zero as all reasonable services are used by University Heights, Iowa. The loading formula might be of the type: L = k (1-000 - f O where f = Fraction of Services Purchased; L = Loading to be Added; and k = A Factor to be determined by Mutual Agreement of the Councils. _ For example, if all services are used except those listed in Item 3, then the loading would reduce to zero. 5. In determining the levies as taxes for those funds under consideration the Amount to be Raised by Taxation should be levied over the combined Taxable Valuation of Iowa City, Iowa, and University Heights, Iowa, with adjustment being made for any additional amount charged to all customers and users in University Heights, Iowa, to defray expense of property taxes in University Heights, Iowa.* (Please see November 1961 - November 1991 contract re water services and extension of water services.) Credit on Utilities, if such :services are taken, could be given University Heights, -Iowa, -for amount charged -- - — -- property owners and/or users. 6. If the services of the Iowa City Public Library are purchased by University Heights, Iowa, then University Heights, Iowa, should make a contribution (via Debt Service) to Iowa City, Iowa, for each year the services are purchased, for amortization of the cost of the building over a long period of time, since the Library has-been built and/or essentially completely renovated recently. 7. If the services of the Iowa City Recreation Center are purchar�d, by University Heights, Iowa, then University Heights, Iowa, should make a contribution (via Debt Service) to Iowa City, Iowa, for each year the services are purchased, for amortization of the cost of the building and initial, equipment_ over a__1_ong period of time, since the Recreation Center has been built recently. 8. If the services of the Iowa City Fire Department are purchased by University Heights, Iowa, then University 'Heights, Iowa, should make no further contribution (via Debt Service) for each year the services are purchased, since University Heights, Iowa, has for several years contributed to depreciation of the equipment. 9. Th_re should be a reasonably long term contract with automatic extensions. Term of contract should be at 'least as long as the effective j;ec-iu if eanh (9nngil, por example, tho contract might euutLnue autunw 4Ldal.ly through December 31. OF eaeh ca[Frri dar year unless the Council of either municipality advises ■ ■ ■ the Council of the other municipality in writing on or before January 31 or the previous calendar year. (Por term of contract longer than effective t term of each Council, please see procedures set out in November 1961 November 1991 contract re water services --and -extension 'of - - `- water services.) 10. Contract may be altered, changed, modified, terminated, or reinstated < by mutual agreement of the Councils of each municipality. payment for Services - 1. Payments shall be made at end of each quarter. 2. Any adjustments shall be determined at end of each calendar year and shall be made during the succeeding calendar year unless contract is terminated in which case any adjustments shall be made within ninety days after termination of contract, Miscellaneous 1. In that a large portion of personal expenditures of citizens in - University Heights, Iowa, is spent in Iowa City, Iowa, only Tax Receipts should be under consideration, (The citizens of University Heights, Iowa, probably contribute at least as much per capita to Office Receipts and Other Receipts in the City of Iowa, City, Iowa, as do the citizens of Iowa City, Iowa.) 2. Because of the natural growth of Iowa City, Iowa, a termination of contract at least one year in advance would probably have little or no. effect iron levy of taxes due to any expansion of personnel acid/or rqul:hmgijr t_o provlda itny tial.-Oca,4 W UntVaeld.t:y heights, luwat, it)that the yearly growth of Iowa City, lova, is probably equal to or greater than the services needed by University Heights, Iowa. 3-31-66 AG EENE.; i THIS AGREE`fE2 C entered into by and between the City of Iowa City, Johnson County, Iowa, a municipal corporation duly authorized and existing under the laws of the State of Iowa, hereinafter called Iowa City, and the Town of University Heights, Johnson County, Iowa, a municipal corporation duly authorized and existing under the laws of the State of. Iowa,. hereinafter called University Heights. -- - - 1-.dEREAS, Iowa City and University Heights heretofore en- tered into certain contracts whereby Iowa City furnishes Uni- versity Heights with :•_rtain services, to-wit: water, sewage treatment, Lire protection, animal control, and occasionally other services, and the Town of University Heights, Iowa, desired by a majority vote to remain an independent political unit, and Vii FREAS,. the City of Iowa City, Iowa, passed a. resolution _ indicating the conditions under which certain municipal services to the Toon of University Heights, Iowa, may be purchased for 1966 but all municipal services must be taken as a unit in 1967 and following years, and 1•ffiERE.1S, the Councils of both communities agreed that a policy should be established that is fair and equitable to both ❑uui i, c t p n 1. i e i, c•:a , NOW THEREFORE, BE IT AG?EED BY AND BC 7-Z— \ THE 2i,:ZTj=_S AS 'r OF.IAi•IS 1. That this agruc;nent and a,ly'future amendments hereto shall govern the furnishing of municipal -services and facilities- .. by Iowa City to University. Heights l✓i.th the exception of tile. iurnishin.,, of water. ,All other agreement's entered into between Iowa City and University Fieights, including the sewage treatment contract dated 1954, the animal control services contract dated 1962, the fire protection contract dated 1965, and any and all other contracts between the parties are hereby rescinded and superceded and of no force and effect, with the 'specific exception of the contract dated 'November 3, 1961, for the ,`.urnishi_nZ of water to University Iieights, which contract shall remain in full _force and effect. 2. That this aL-reement shall co=nence January 1, 1967, and shall continue automatically through December 31st of each calendar part by unless terminated either ' l y by tLvin. notice thereof in writing to the other party on or before January 31st of the year prior to the year in which this agreement is to, terminate on December 31st. 3. That Io:,a City agrees to furnish to University ri_•ig;.ts all municipal services and facilities, the operation of which are provided by the following Iowa City municipal funds in accordance with the 1962 Code of Iowa: _ 2 _ A. Public Safety. Sanitat Loa. C. Recreation. D. Utilities. G, unicipal Cnt Cip!:i3Cs.. _. .'•. Trust and AgCncy...-G. That portion of the General Fund nartaining to planning, and specifically excluding any. portion of planning pertainin- to Urban Renewal. 4. That the following municipal funds are expressly excluded frog this agreement: A. Strcet: B. Debt service. C. General, with the exception of planning: and that the Road Use Tax and Liquor Pro.r.>•.- � Funds received by each nunicipality shall be retained by the respective municipalitiesfor their own use. 5. That the services and facilities provided by the funds enumerated lin Paragraph 3 shall include, but are not limited to, the olice anal fire • rotectionI sewage treatment; collection _ fotlo;atng: p � and disposal of garbage and recluse; -maintenance and repair of water mains, sewer mains, lift stations and hydrants; paries and recreation facilities; municipal airport; public_ library; cemetery; and sari- tary Iand fill. o. That all of said services and facilities shall be made �hts upon available by Iowa City to the citizens of University ileib the same basis and with the same rates and charges as the citizens of Io•„a City receive said services and use said facilities, with tae exception of sewage treatment, whic.. r shall continue at the erstino --- rate for residents of University heights. It is further understood char i.•,i clu:r r:unici,,al i.r_y ::b+,l l be nbl tgaced or responsible ;or _ capital improvements to the sewer systea, owned by Lne other mus ulpality. - 3 ^ 7. That univurs: , .� �hts shall service all streets and alleys within the corporate ,.,.ts oc nieersity iui.ohts, C'R t said service shall include the co .,tructi0n, repair, and i..prove ent O: _ said streets, together with ,no;; and ice Y�noval frr,., said streets. cOY the pUrpOSe O£ t11i.S a[;rC`'"r•ht, streets shall be defined as in- - _ : d be iis"t:ce - to the _ C1Lng the public right of way a shall not Fiei uts shall also service - paved portion of a suet and iniv city g _ the parking and the trees in said right of way. It is understood . owned by heights and agreed that any parks and open spaces street right of way will be considered a part of the not a part of park system of U-iv.arsity �- d shall be s rv-'ced by Iowa City after . tn_ f file Town OL consultation wit,'Council Olin iV Cr.`il ty lieignts in regard t0 said .. trvice. g, That in consideration for the sctvi.ces and f?ciiities a recr..eat, cn11•-rsity c—'ghts shalt •y_.t_° _ each year, as pro�Ona`' slnre o£ ale cu -.0 lative to 1 _ fL•RLs . r TVRiCLpa1 .- of „e ..10n_Rt5 CO be raisca Dy t- atlOn £O C.!C sem_ .� _ _- - ...r _ deteY-n•aed b} t.h e nt� sr ecl - n 3 nor or, as _ enuscratrd in paraa.1a ,.•_, .__ _--•- teach fund In ch approved` annual budget for_ Iowa City. •Goi- fi_d for -, -- -_ '--I1 be that ratio ......: tie vE-s' -Heigh-s, roportionate snare s.� `! p university assessed value of real estate and personal property in ... GdloGts VaiLLCS OL real estate and bears t0 the combined assessed - nersonalperty is Iowa City and university .. C1 -iia t5. pro this co pulation tae poses o assessed value Of property in each -_.._ state and persona- pr o- �.unicipality shall be that value OL ._�1 ��• r for tat•. - -. that is certi`.ied- b, : ra o:,.soa County Audt`o- 2ur pony poses on the Ist day of January of the year preceding the year for which the cost Of the services and facilities is being determined. 9. That University heights agrees to pay to Iowa City said amount in four equal installments on or about April l,. July 1, October 1, and December 31, of each year that this agreement is in effect. Any adjustments shall be determined at the end of each calendar year and shall be made during the succeeding calendar year unless this agreement is terminated, in which case any adjustment shall be rade within ninety days after the agreement terminates. 10. It is understood and agreed by and between the parties. that if any citizen of University iei�;hts shall fail to pay to Iowa City any of the rates or charges for any of the services of Iowa City as established by the ordinances of lo-,.a City ..or violates any of tai ordinances, rules, Or re.gulations of lova City-settlnS & -C h the standards, established for the operation Of any of said services, that Iowa City s:iali have the right to discontinue the particular Ger- vice to said citi--en until said rates or charges have been paid or said ViOlation is discontinued or corrected. It is furtaer agreed teat in the event a citizen of University hei3hzs fails to pay his sewn�e treatment char^es that University i'1 ci'�,h is shall certify Lhe d•_iinquent amount to the Auditor of Johnson County, Iowa, to be placed as, a lien again.:t the real estate pursuant to the laws of the State of lova. 11. That the obli&ation of University rieights for the pay-ment of water hydrant rental fees under the agreement with Iowa City for __ water services d;.trLd November. 8, 1961, i.s hereby nerved with and .'- eluded in the pay:;lent made by University heights for utility ser- -_icCs as Set (Orth iii this agree Cnt. :. _.:.. 12. That Univcrsi.ty :iei&hts hareby agrees to allow Iowa City the Pulluse Of all public strcct, .-,'ZhL• oP ways and g -rounds in order that Iowa City -,wy carry out the terms and provisions of this agreament to furnish services to University iietgnLs. - 13. That University !eights agrees to enact any and all or- dinances necessary to. carry into .effect the provisions of this agree -- rent and further to furnish Iowa City with all ordinances and re- solutions enacted by University Hei.-hts that the Iowa City Police may be tailed upun to onforce. 14. That University Heights al;rees that it will not enter into any contracts for services or employment with any persons, firms, or corporations involving any services to be furnished Uni Versify t:ei.ghts by Iowa City that will prevent Io1ca City iron furnish- ing :r.y of the services .set forth in this agreement. - 15. It is understood and agreed that neither party assumes any OP the liability of the Other party for any of tiU-i acts or o.missions of the ot:h'_'r, party or its aSentstor employees and each party hereby agrees to provide its 0:..1 claim or-]udgmacnt fund or liability insurance for its oian protection a3ainst any and all claims which miobt arise as. the rasu:t:of any act or omission, by: said party, its agents, or employees. to. It is understood and a3read by and between .the parties that this aZreeG.ent mry be altered, amended,_ chana-,e, mJ if ie� C re..^.clnded by fhe mutualconsent of parties in writing and ■ is further understood and agreed that no officer, employee, or agent Of .either of the parties has tower, right or authority to waive any of the terns, or-to-change, vary or waive any of the -- prov''sions of this agreement, nor.. shallany custom or habit of.'deal- ino involving the performance of the services made without the =:now- - ledge or authority of the Councils -of -the parties .have the effect - of c`.aaoino, modify no, or waiving any of the teras, conditions,, or provisions ofthi' . s agreement. . - 17. It is further understood and agreed that any waiver of any breach of this contract or any failure to enforce any of the provisions of the ordinances of the parties shall not be held to be a waiver of any of such provisions or in any tray affect the validity of this a reement or any past thereof or the rights of the parties to thereafter enforce each and every such provision. is. Tt is understood and a-reed that nothing herein shall -- fir^_vent the parties from arranging and providing "or services not -- hereto2ore set forth which are beneficial to moth parties for which payment is to be shared as set forth herein irrespective of the fund to wnich the cost of said services may be allocated. ... Dated this 2 = day of t,4---ee,� , 1966. THE CITY OF CITY, I01-1A THE TO-UN OF UNIVERSITY HEIGHTS, TOv'A �Y: moi, � - C -.�� -_:✓ BY: •.. ;i l / XAYOR _ MAYGIR ATT EST /ATTEST: �.•�/ �. lr City Clem; - U Town C. - / y - , CCr.IMEPCE•� n • � CNC CENTER 410 E. MSR NGT0Y ST. . KT/(i IOWA CITY IaNA 522:0 o� J f`' 0I9J..5-1 pp0 ' h -e;wem,lows 4arch 25, 1.975 aounHd 18]9" - Councilman Lmery.E. Rhodes Chairman of the Finance. Committee - -_ Town of University Heights 415 Koser Avenue - Iowa City, Iowa 52240 - - - -- - ' Dear Mr. Rhodes: on Thursday, March 27, 1975, a meeting has been scheduled between the City - Council's of Iowa City and University: Heights for the ,purpose 'ofdiscussing subjects of mutual interest. For some time now we have been discussing the re- t. negotiation of the service agreement between the two communities and I assume this will be an appropriate subject for discussion on Thursday. Asaresult, _ I am enclosing with this letter a draft of a proposed agreement as per our last _meeting on February 5, 1975, and have -provided:sufficient -copies for distribution to your committee and Council. Consistent with discussions at our last meeting the following will enumerate what we consider to be the major changes between this proposed agreement .and the one now in existence and the reasonsforsame:... - -- - 1. The new City Code of Iowa, specifically Iowa Code.. Chapter 364 and _. divisions thereof, has modified the manner in which City's are _ required to account for the expenditure and receipt of funds. Iowa City completed that modification as of January 1, 1974 and the service agreement with University Heights should be modified accordingly. In .order to facilitate this transition we have accepted payments over _ the last 15 months on the same basis and in the same amount as existed in 7.973, even though taxes received byIowa City have been allocated - into a Program Budget format. 2. The contract now in force was predicated on the principle that only _ tax receipts should be used in the calculation of payment inasmuch as a large portion of other Fund receipts were contributed by citizens of University Heights to Iowa City. However, .this ..calculation is. no - longer realistic at a time when property tax slakes up only about 50% - - of Iowa City resources allocated to providing services, and especially when the calculation only relates to tax effort and not to the cost of providing the service. Therefore, _the -proposed agreement applies _--- the current assessed value ratio calculation to expenditures for services, not t>,x effort, and adjusts_ the,expenditure level toreflectc•.rtain rm•r,ilc;: p,eid hy. Jitirtms of hath c.rrrununit=i.r_:; on an equal h%,cis, rirr - _ I:"c•,•L LhaL Lhle: u1,�thrirl of ealc111;11 i.on inoCr_ ai>i+rtii,rTaCel.y /e`1� `; ✓-' _._._.-2- first Basic 2•-firstBasic Principle agreed .upon in 1966 that "the net amount levied -_- as taxes on,real estate (house -and/or lot) in. University Heights, Iowa, should be the same as the net. amount levied-astaxes on real estate - (house and/or lot; in Iowa City.... 11- 3. The statement of Basic Principles stated clearly that University Heights would make pay -tent via the Debt Service Pund for.the cost incurred for facilities constructed to provide services included in the contract. The actual contract eliminated payments toward debt service and we propose that the new agreement include same as reasonable and proper - charges. 4. Administrative costs are not included in the current agreement -ad we can appreciate the advantage to University Heights in not being requiredto stand thecostof administrative overhead. However, the City of Iowa City cannot provide services without incurring such costs -- and we are proposing that UniversityHeights-support expenditures in the Administrative Program on thesamebasis as the other Programs covered by this agreement. 5. The proposed contract provides a payment schedule and penalities for late payment. It is indeed unfortunate that such a provision - is necessary. However, continued failure by University Heights - to adhere to the payment schedule in the current contract over the years requires that some protection be given Iowa City for the added cost of carrying deL.inquent payments. At the present time $3,937.93 remains unpaid from 1974, and $21,500 has been received against the $41,642.75 due for the first six months of 1975. 6. This proposal requires a much closer relationship between thebuildingand law enforcement ordinances of the two communities in order that employees o£ Iowa City can apply a continuity of.Service and the same protective covenant equally and fairly to citizens of both - - . _. communities. _... I trust the foregoing will be of help to you in evaluating your position in this relationship. We feel the changes in the contract are fair and equitable to the citizens of Iowa City and in keeping with the .Basic Principles approved by bot't communities in 1966. The inclusion of these changes_ - u•�i.11 probably require that University Heights make use of resources beyond property tax such as General Revenue Sharing, I,iquor Profits, and State Municipal- Assistance. .. They s:,ould also preclude University Heights from continuing tomanagea - tax rate lower than that .imposed upon property owners in-Io:wa City which is certainly part of our ob ective in this proposal. We await- your reactionr, and we loo: forward to a productive discussion on Thursday. Sincerely, a?, _. - - Department of. Pindncc • • Department of Finance 3/25/75 PROPOSED AGREEME14T day of � 1975, This Agreement is made and entered into this _ . by-andbetween the City of Iowa City, Iowa, a -municipal. corporation duly authorized - andexisting under the laws of the State of Iowa, hereinafter called Iowa City, and uthorized and existing the City of university Heights, Iowa,amunicipal-corporationa under the laws of the State of Iowa, hereinafter called University Heights. WHEREAS, the parties hereto have the common power to perform general services within their corporate limits; and, _ _ WHEREAS, University Heights has previously entered into a contract with Iowa City for the performance of certain services which contract is dated November 2, 1966; and.. _ - _ _ - - - - fy that payment for performance of WHEREAS, the terms of said contract speci services thereunder are calculated on the basis of a system Of funds and accounts for Cities and Towns which was in effect at the time said contract was negotiated; - and, - - WHEREAS, Chapter 384 of the Code of Iowa now provides for a new system of funds and accounts for Cities which supercede the funds and accounts in effect for cities and towns at the time the previous contract was negotiated; and, WHEREAS, in accordance with the contract now in effectbetween the two wmmuni- ties, the City of Iowa City also wishes to modify certain terms and conditions of Principles enacted by both communities the contract consistent with the Statement of on March 31, 1966; and, WHEREAS, University Heights is desirious of ..continuing a contract with Iowa City for services on a fair and equitable basis to both; and, WHEREAS, such contract is authorized by the provisions of Chapter 28E, Code of Iowa which authorizes the joint exercise by agreement of two public agencies of s common to them;. - _.. _. .any _power - - E THEREFOR, be it agreed upon by and between the parties as follows: • I. PURPOSE OF AGREEMENT• This agreement is for the purpose. Of performancebyIowa City. - of -all program - -- ::,•rvic,•a f,.r tho City of nnivcrr:ity_ heights as follows: _ - A. Admi.nisl.ration Ilrcylram U. Community Development Program C. Public Safety Program (1) Police Protection - - (2) Animal Control. Service - -- (3) Fire Protection- - _..... D. Transportation Program - -- (1) Mass Transportation Service - (2) Airport Services Environmental Protection Program - (1) Sanitation Services - - (2) Cemetery Services - - - F. Leisure and Cultural opportunities Program -- - (1) Recreation Services --- -- - - (2) Parks Services - - - (3) Library Services - G. Debt Service - -- II. Trust and Agency -1. Sewage Disposal. II. ADMINISTRATIVE AGENT The City of Iowa City is designated as the party to administer this agreement-- by and through its City Manager, his staff and department heads. - III. COST COMPUTATIONS - - University Ilcight-., agrees that: all. services and f.aci.li.ti.es shall be.• made avail- able by fowa City to the citizens of University Ileights upon tho same. ba!;is and with the same rates and charges as the citizens of Iowa City receive said ser -,rices. and use said facilities, with. the exception of sewage treatment. The Sewage Treat- ment charges shall be 100% of the water rate charged Iowa City residents for residents of Nni.versi.ty Ileights. - - In cons,id!rrntion fht Uir• ^rvr..hs: anH f:7r,r}rciC �vtrcrsYrti%i .iii%rr�f "nr^..,•ri'�i.r5 - ' University Ilci.ghts shall pay to Iow,, City, each fiscal year, a -proportionate share. _. (2) of thecontractexpenditures of the programs providing the services specified in this agrecment. University Ileiyhts proportionate share shall be that ratio that the assessed valor- of real estate and personal property in University Ileights bear,-: tothe com- - bitted as .r^acd value of real estate and personal property in Iowa City .and University 1leights. For purposes of this computation, the assessed value of property in each municipality shall be that value of real estate andpersonalproperty that is certi- - Pied by the Johnson County Auditor for tax purposes as of the 1st day of January immediately proceeding the fiscal year for which the .cost of .services and facilities are Prov Jed. The contract expenditures for the program service levels specified in this -agreement shall be all expenditures. of said programs completed and audited less the receipts those programs received from the following resources: 1. Licenses and permits, - - 2. Fines and forfeitures, - 3. Charges for services, - 4. Intergovernmental Revenues from. Municipalities, 5. State grants, _ - 6. Federal grants, 7. Rentals, B. Miscellaneous Revenues, and 9. Proceeds fromthesale of General ObligationBonds IV. DUTIES AND LEVELS OF SERVICE .. No officer or department of Iowa City shall perform for University Heights any function not within the scope of the duti.es of such officer or department in -. performing the same kind of services for Iowa City. Except as otherwise herein provided for, the level of service shall be the same basic level of service that - is_and -shall be hereafter, during the term of the agreement, provided by Iowa City within their corporate limits. Rendering of service, stan•lards of performance, diciplineof officers and employees, and other matters incident to performance _ of services and control of personnel shall. remain in control of the City Manager of Iowa City. In event of dispute between the parties as to the extent of duties and functions to be rendered hereunder, or the level or manner of performance. of such service, t:he determination thereof made by the CityManagerof Iowa City shall. be final and conclusive. - A. Administration - Such services as are required to administer and manage the services specified in this agreement. - - - 13. r'nmmunit-y as ylarinirr_ and irking ?r_spection. - Such building inspection shall include enforcement within the corporate limits. (3) of University Heights of all provisions of the building, plumbinq and electrical _Codes of University Heights, and issuance of all permits and orders required in such enforcement. Such enforcement shall include all the duties prescribed - in such ordinances including the determination of those matters placed within the jurisdiction of the Hoard of Appealsby-suchordinances -and the furnishing. of the evidence necessary in any prosecution under such ordinances. In per- forming such work the officers of Iowa City shall have the powers and duties of buiLdinq inspections of University lleights. C. Public Safety (1) Police Protection - Such services shallincludethe enforcement of - State Statutes and such ordinances of University Heights as are of the same - type or nature as ordinances of Iowa -Ci.ty enforced by the Police Chief within -- - the corporate limits of Iowa City. services performed hereunder may include traffic enforcement, license inspection and enforcement when requested by resolution of the City. Council of University Heights. If traffic enforcement is not requested, it is under- stood that the Police Chief of Iowa City may, in his discretion, enforce traffic:.. Laws only where violations thereof occur in his presence. If said service is requested, theCityCouncil of University Heights shall - designate a representative who shallhave the initial responsibility of nego- tiating with the Police Chief of Iowa City for the location and extent of services and subsequent changes. - - - (2) Animal Control - For and in consideration of the rendition of the foregoing scrvi.ces by Iowa City, University Heights agrees that Iowa City may - keep and retrain any and all licenses and fees provided for by said Municipal Pound Ordinance and by Iowa City pursuant hereto. In connection therewith, Iowa City shall, have all powers of Uni.vcrsi.ty Heights and shall receive all co-operation needed to enable efficient enforcement of such ordinance. Iowa City shall retain all impounding fees and revenue derived from the sale of animals at the Iowa City-shelteras additional compensation for expenses incurred for care and feeding of said animals and emergency night. calls. (3) Fire Protection - Such services shall include the enforcement of _. .State Statutes and the firepreventioncode of University Heights as same are enforced by the Fire_ Chief of Iowa City within the corporate limits of io-sa City_ Such services shall also include .fire suppression response to all fires. ;ini sus poct-,A f i r -s as pion pt 1 • as jlijrjn fermi is from. i,) nr.. of.... ._,. _.. ably and adequately Iocatnd in accordance with standards prevailinq within the corporate limit, of Iowa city. Hydrant Rentals to be charged separately. (4 ) - - - Services performed hereunder may include, if,requested by University - Heights, fire prevention education, regular inspection of commercial and - -industrial properties, and inspection of private homes on a voluntary basis with consent of the residents thereof. If University Heights desires to - --- .receive fire prevention education,_ regular inspection of commercial and indus- trial properties, and private home inspections, it shall so notify the City Council of Iowa City by resolution, indicating -such -desire. - If regular. commercial and industrial property inspections are not requested, it is under- - stood that the Fire Chief, in his discretion, may enforce violations of the . fire prevention code and State Statutes only when violations thereof arebrought to his attention. - D. Transportation - - - -- (1) Mass Transportation - Such service shall include the provision of a Mass Transportation System. Said system is to be operated in a safe and con- venient manner consistent with those levels of service available to citizens - - - of Iowa City. (2) Airport - Such service shall include access and;availability_ofall facilities located at the Iowa City Municipal Airport on the same fees and charges basis as available to citizens of Iowa City. - I:. Environmental protection - - - - - - - (1) Sanitation - Such service shall. include. the collection anddisposal of garbage and refuse and the operation and maintenance of a sanitary landfill. (2) Cemetery - Such service shall include access to and use of the .-_ _... -.... Iowa City Municipal. cemetery. - -. - (3) Recycling - Such service as is consistent with the--levels'Of service provided within the corporate l-imits-of-.IowaCity. - - -- _ F. Leisure and Cultural opportunities - - (1) Recreation - Such services shall include the use of all recreation facilities of Iowa City including tile. Iowa City Recreation Center, Swimming -- facilities and participant recreation activities conducted by Iowa City - (2) Parks - Such services shall include the use of all parr. facilities -- owned andoperatedby Iowa City. It is .agreed that any parks and open space owned by University Heights not a part of street right-of-ways will hK� con- sidered a part of the park system of University Heights and shall be serviced by Iowa City. if rg♦_(ia``i C1;C �Jf Heights, Forestry services and assistance. If said services are requested, the (5) City Council of University Heights shallhave the initial responsibility of -- negotiating with the Parks and Recreation Director of Iowa City fortheloca - tion and extent of services._- __. _... (3) Public Library Service - Such library service shall include book evaluation and ordering, purchasing, cataloguing, classification and physical : preparation of purchased books for circulation; issuance of library. cards to residents of University Beights at main library of Iowa City including tele- _ phone answering service by trained reference librarians. All books, periodicals, and newspapers shall be purchased and supplied by Iowa City. A balanced _ service between fiction and non-fiction, as well as children's library service, shall be provided and maintained within the corporate limits of Iowa City. G. Debt Service (1) Current Debt Service - Such services shall include the reimbursement of existinq long-term general obligation debt on specific issues which apply directly to the performance of services under this contract. (a.) Park Bonds., - (b.) Library Bonds --- (c.) Sanitary Disposal Bonds. - (2) Future Debt Service - Such service shall include the reimbursement of a proportionate share of future general obligation debt issues which apply - to the provision of services specified in this contract. H. Trust and Agency (1) Policeman Pension and Retirement System'--Suchservicesshall include. Iowa City's contributions to the Police Pension and Retirement System. (2) Fireman Pension and Retirement System - Such services shall include the contribution of Iowa City to the Fire Pension and Retirement System. -- (3) Other Employees - Such service shall include a proportionate share of the FICA and IPERS contributions for the employees within the functions and activities providing services. :. T. Sewage Treatment - Such services shall include the collection and treatment - of sewage collected within the corporate limits of University Heights. It is understood that neither municipality is responsible for the capital cost of ...repairs and extensions to thecollectorsystems ofthe-otherparty. it is agreed by University Heights thatany-engineering plans--forexpansion of the University Heights Sanitary Sewer System shall be approved by Iowa City prior 1 r. rnnEa rni:l Ion ijnri low" cit.9 conslrucLlon. Iowa City shall provide such routine inspection, cleaning, and (6) - - -: maintenance service to the University Heights system as the basic level of service that is and shall be hereafter, .during the term of the agreement, Pro- vided by Iowa City within its corporate limits by its own employees. V. FUND APPROPRIATION No services shall be performed hereunder unless University Heights shall have available funds previously appropriatedto coverthecost thereof.- VI. SERVICE REQUIREMENTS. Services shall be performed at the times and under circumstances which do not interfere with the performance of regular services and operations of Iowa City within its own corporate limits - - - VII. GENERAL PROVISIONS _ This contract shall be terminated at any time that Uni- versity heights fails to enact and to maintain in full force and effect a Building Code, a Plumbing Code, and an Electrical Code in all. material respects, including the amount of fees provided identical with the corresponding codesnowin force in _ Iowa City and in addition thereto to adopt an ordinance establishing standards for tradesmen plying their trade within said corporate limits of University Heights equal to the standards prescribed by ordinance for tradesmen within "he corporate limits of Iowa City or to accept- as evidence of qualification Iowa City's certifi- cation thereof. ertifi-cationthereof. University Heights agrees to prepare and furnish allordinances and map: required. This contract shall be terminated at any time that University -Heights fails to enact and to maintain in full force andeffect, including the amount of fees provided, an ordinance identical with the provisions of Ordinance No. -72-2610 of Iowa City or amendments or additions thereto. Iowa City shall maintain its kennels and animal shelter in a humane manner, keep said premises in a sanitary condition at all times, furnish all services hereunder in. : ac xirdance with the laws of the State of Iowa, and give prescriber] notices and use humane methods of care and destruction of animals coming under its. jurisdiction.. - Persons employed by Iowa City in the performance of services and functions rsiiti of Fo tltls rir#,>orr�ttf_ ihet I I. Alain ncy tl.airi ttv j,eils 6hi 6.ivrl� s6t-116n of 6:ttYi ]t employee rights granted by University Heights to its officers and employees. :: (7) _ _. W W 'Po faciIitate performance under this agreement, Iowa City shall have fitl1. - couperal.ion and assi:aancc from nniversi.Ly-Heights, -iLs officers, -agent:: and employees.. Uni-versit:y IlcighLs hereby agree_; to allow Iowa City the full use of all public streets, right of ways and grounds in order thatIowaCiLy -may carry out the terms and provi- sions of this agreement.- University Heights agrees to enact any and all ordinances necessary to carry into effect the provisions of this agreement and further to fur- nish Iowa ur-nish.Iowa City with all ordinances and resolutions enacted by University Heights that Iowa City may be called upon to enforce. Iowa City shall have all powers of University Heights and shall receive all cooperation possible therefrom to enable efficient enforcement of ordinances and collections called for thereunder. it is understood and agreed that if any citizen of University Heights shall fail - --topayto Iowa City any of the rates or charges for any ofthe services of Iowa City - - - as established by the ordinances of Iowa City or violatesanyofthe ordinances, . rules or regulations of Iowa City settingforth the standards, established for the. - operation of any said services, that Iowa City shall have the right to discontinue the particular service to said citizen until said rates or charges have been paid or violation is discontinued or corrected. It is further agreed that if any citizen of University Heights fails to pay his sewage treatment charges that University Heights . -shall certify that delinquentamountto the -Auditor-of:Johnson County, Iowa, to be placed as a lien against the real estate pursuant to the laws of the state I of Town_ _University Heights agrees. that it will not enter into any contracts for services or employment with any persons, firms, or corporations involving any services to be furnir:hed University Heights by Iowa City that will prevent Iowa City from furnishing --.tny of the services set forth in this agreement. It is understood that this section does not prevent University Heights from providing its citizens with a level of service greater than that identified herein for residents of. Iowa City; however, the cost for - :ouch services shall not be subtracted from the paymentscalculated herein. VIII. LIABILITY - Iowa City, its officers and employees, shall not be deemed to assume any liability for the negligence of University Heights. University Heights shall hold. Iowa. City harmless from, and shall defend Iowa City and its officers and employees thereof. against any claim for damages resulting therefrom. University HeighLs x1011 assumc.no liability for the payment of`salary, _wayes. or other compensation to officers, agents, or employees of Iowa City performing } - ,ervicihereunder for llniver::ity heights or any other liability other than that pro- - vile(] in this agreetnenf. _ - IX. RECORDS F PAYMENTS - The Department of Finance of Iowa City shall be responsible-underthis agreement for the maintenance of adequate and complete records of the cost of services performed - as identified in section III.' These records are to be audited by Certified Public Accounting firm and a copy ofsaid -audit provided -University -Heights. Payments shall be due in four equal installments on July 1, October 1, January -1, -. and April 1 of each year that this agreement is in effect. Payments for _the current operating year will be based on an estimated cost. At the end of the year Iowa City shall calculate the actual cost and adjustment shall be made as to either a credit or additional billing during the succeeding year. The estimated costof-operation shall be the current approved operating budget of the contract year. If this agree- ment terminates, greementterminates, all adjustments and payments shall be madewithinninety days after the agreement terminates. late payments shall be charged interest for the days past due at the current Iowa City investment rate based on the most recent public funds investment of Iowa City. `s X. PROPERTY DISPOSAL in the event of termination of this agreement for anycause, all.. property acquired under this agreement by Iowa City shall remain in the possession and ownership of Iowa City unless payment therefor is made by University Heights to Iowa City, and all property acquired under this agreement -by.University Heights shall remain in the possession and ownership of University Heights unless payment therefor is made by Iowa City to University heights. - - - -" XI. TERM OF CONTRACT _.. This contract shall become effective on the date mentioned above and shall run _ for a period ending , 191 and at the option of the City Council of University Heights, with the consent of the .City Council of Iowa City, shall be renewable thereafter for successive periods not to exceed five years each. --- In event_ University.. Heights desires to renew this agreement for any succeeding-- five year period, its City Council, not later than December 31 next preceding the _. expiration date of this agreement, shall notify the City Council of Iowa City that it wishes to renew the same, whereupon City Council of Iowa City not later than the last day of January, shall notify City Council of University Heights in writing of its willingness to accept such renewal for an additional five year period or such - other term as it deems advisable,: otherwise such agreement shall finally terminate at the end of such five year period. - - - - - - Notwithstanding the provisions of this paragraph, either party may terminate this agreement as of the first day of July of any year upon notice in writing to the. other party of not less than two (2) calendar months prior to the date of termination. XII. CONTRACT CONTROL This agreement and any future amendments hereto shall govern the furnishing of municipal services and facilities by Iowa City to University Heights with the excep- tion of the furnishing of water. The agreement entered into between Iowa City and University Heights, dated November 2, 1966, and any and all other contracts between the parties are hereby rescinded and superceded and of no force and effect, with the specific exception of the contract dated November 8, 1961, for the furnishing of water to University Heights, which contract shall remain in full force and effect. IN WITNESS WHEREOF, the parties to this agreement have caused their names to be affixed hereto by the proper officers thereof. ,This agreement is signed and executed this day of 19 ATTEST: .THE CITY OF . a_municipal corporation BY City Clerk Mayor ATTEST: THE CITY OF - a municipal corporation BY City Cler4 _ Mayer (10) n7a��//e� a COy NDUM i DATE: Larch 28, 1975 TO: ideal Berlin, City manager i/ �l � cgOAA: Dennis R. Kraft, Director, DCD fy RE: Status of Blane Roc Subdivision / I ■r. The Blane Roc subdivision (whichisalso known as the Melrose Lake area) was subdivided by Mr. Robert - Thompson in 1972. This action was also approved by the City Council at that time. During and subsequent to this action, there was a considerable amount of public pressure against the draining of the lake and the subdividing of this property. The lake was drained, however, no construction ever occurred on this site. Since that time, the property was sold to another group of individuals who have indicated their intention of constructing fewer apartment units than were proposed under the Thompson submission, and of restoring the lake. Initial contact was made with the Planning and Zoning commission, however, no formal submission has been received on this new _ proposal. In summary, future action, i.e., the development of this project, will be dependent upon action being initiated by the owners of the property. I£ you have further questions on this, please contact me. DRK:sc I Cil y 'D7 ao �7ay DAT;: - March 22, 1975 TO: Members of the City Council Neal Berlin, City Manager April 29th - NO Council fleeting' g i There will be no Council meeting on Tuesday evening, April 29th, 1975. ,l a y ileal = FYI Sent to K'liC,& YJ?NA;Public Service kepts.''jz- • 3/2.T/5 Radio Public Service S?et The Ioaa City Yuman Relations co, mission strongly supports all efforts to provide equal employment opoortun'ity regardless of sex. The Iowa City Civil Service Cormission is seeking qualified applicants for future - op=-nings for Police Officers and Firefighters. — Qualifying examinations are given only once each year. To help Io,da City achieve its _equal lr employment goals, the Commission urges all interested women to take the '! examinations for these positions. The deadline for applying for the firefighters exams is April 11. The deadline for applying for the police officers exams is April. 19. The opportunity is here." The Commission urges the t•:omen of Io.•ia City to accept the challenge. Call the civic Center, 354-1800 for more information. This is Candy I,organ,-Iorra City Human Relations Coordinator. -0- From: Julie Zelenka Community Relations Director I5/20/75 On February 24, 1975, the City of Iowa City, advertised for tenders on its {Vater Revenue Bonds series 1961 and 1967 in order to use up approx- imately $105,000 of available bond reserves. These reserves are accumulated each year for the purpose of providing security for revenue bonds - >, outstanding and to provide funds for certain call provisions in the revenue �.. bond ordinance. As a result of our request for tenders $205,000 in par value bonds were tendered on March 4, 1975, of which we accepted $113,000 at an average price of 95.845. The attached summary sheet indicates the; �. name in which the tender was offered, the total costforthe purchase of _; the tenders, and the total interest that would have been paid on these bonds from April 1, 1975 to maturity. By purchasing our own bonds in the j market in this manner we calculate that the net future savings to the City is $62,592.97. If you have any questions in this regard, please do not hesitate to contact me. l✓ V W W � W ?W W W W W W J W N PPPPPP-• P:.Jv G7PN r. 0 0 0 0 0 0 O 00000 0000 \�ali,d: o u G -• o o n n G -. -. W Vt -• O U G ] •i -t - o J - C,0 U _ J o o 0 0 U O O ��lJ o opo - Ci n - CO tr �c�J�'c� �,� J p. cmXrc lSl V l W W W_ O- • 7 x•�3 P CJ V P -->N IN. .4 . O U •- B O O '� L1 W C) O e ..-• O -- � lD l0 ~ 1 '1 l7 P [Xl 7 - G - 0 O rn G rt •<\J G -aC>PD`.n1-0 O �JOOU' OrTl i ��`IGO�N NO O O O O CJ O O 0 cj vY - OVtUO.O.\%t�000Ob000 7 G G to o-- �.aCD �uW -� moo. 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S a 1 v. 1 1. 8 2. 8 3. 2 4. 2 5 10 6. 10 1. 8 2. 8 3. 2 4. 2 S. 10 6 7 8 9 1 1 10 10 OUTDOOR WARNING SYSTEM FOR IOWA CTTY RADIO CONTROL Control £, Timer Installation (Estimate) 1000.00 10,000.00 Grand Total Do oL- LANDLINE CONTROL Model 1000A Federal Thunderbolt, 240 V, 128 DB $4699.75 $37,598.00 - Remote Control RCM1A 611.75 4,894.00 Federal Model 2T22A, 115 DB 1559.00 3,118.00 Remote Control RCSIVA 156.25 312.50 Federal Model ARC -1, Radio 613.50 6,135..00 Control £, Timer Installation (Estimate) 1000.00 10,000.00 Grand Total $62.OS6.SO LANDLINE CONTROL Model 1000A Federal $4699.7S $37.598.00 - Thunderbolt, 240 V, 128 DB Remote Control RCM1A 611.75 4,894.00 Federal Model 2T22A, 115 DB 15S9.00- 3,118.00 Remote Control RCSIVA 156.25 312:50 Federal Model TRW Weather- 100.00 1,000.00 Proof Telephone Relay Federal Model AR Timer 297.75 297.75 Federal Model PS Transformer 150.00 150.00 Installation (Estimate) 1000.00 10,000.00 Monthly Charge for Leased ? Unknoun Landline Grand Total S57,369.75 i f "zrch 31, 1975 i ...ayor and Council Members Civic Canter 420 S. :aashinoton St. t Iowa City, Iowa 522,10 F.B: Landlord -Tenant c1rP3aance. Dear Mayor a Council Meanber3: -" EnalnsF-d pleaae find a copy of a m." orandun :ro: 'Tong Kuszniz to lie concerninn the pr000sed Landlord-T-anant .:,rdi-ianco. '=his copy i; baing distributed to you for your inPorrztion_ Sincerely, John Havek Ci.z Attc=ey Copies to: Deani3 araft, Dir of Connawi_ty Development rrsdi ne Branson. Chairperson of noising Cc=-issioa City ��_ _ y r �1��— D�1Ta: ,jarch 28, 1975 Y.a ek, City Attorney TQ: John y FRO,',1: 'Pony k:ushnir, Asst. sst City Attorney _ 1 Ri: Landlord -Tenant ordinance i 55 u _ - f a landlord -tenant codePfor on Gtthe City Of. The feasibility o. enacting conclusions: j Iowa City has been referred to me for consideration- legal corvaentaries and cases 14iavc-come to the following Co net in certain 1. Under "home rule" the City Council has the Power uthority from the state Legislature. areas without statutory a -� n- relationship relationship is a civil relationship - 2. The landlord-tena home rulr," the City does not have the Power to impose rent 3. Under o the type or lease -agreements controls or regulate power to provide "home rule" does have the Po - .:e -'rises as 4. The City council under'IS to evictions for rent 'At de :+here the landlord fai torypy required by housing code, or ordinances P and m�.lar rerJl%lations j for the reporting of housi.ng_code violations, a power connected with an indep endent City . '� ]J Basically statra home rule is a theory that municipalities shoulby d al a`Eairs without int to thatelave 1 be free to regulate their own municiP home rule in the i the State. The methods for achieving in determiling specific home rule ha been varied and conse_quentl} e rule in different_ states it is usednecein --le l.o-;e to the language -used in questions involving home roduce canic _e roblems with regard inology can P _. analy' P Hom_ rule rule grant"- t',inor differences in tern in various states.2 lslatr✓=_ differences in the Weaning of home rule o � two arias -constitutional hCon titutionalgnature grants_w=_re di•✓id_d into -ant rs of a the ion%a cities 1 resent Io^ra home rule 3- in other word rior 7 home rule.. The p catecJory•_ independent of F - of the limited self-executing are given the power to deal with municipal affairs rndePe approval from the state.4 effect in passed in 1969 and which is to take The copr of the -:... The '•home rule bill" P nstitutional Amendment_ 1975.5 As - July, 1975, implements the Co 1975, cities mai'. F Iowa cities is stated in 364.1 `he the de�of Iowa, 19 ! _ Powers o_ s except as seen from th• last sentence in governing of civil relationships private law y not enact private or civil law govelnpoower- Broadly defined, p mullincludinG such fields as con race. i in._ civil relationships P _nrri.nl/ incident to in civil relationship hipY;�uld in t -hr. 1 r r „oin_rninJ _ r.•r.r.n - 1 ,.,r,i Ih+ I, rnll,rril r,>nant rrlatio� r ions: ,fl F., LnCC, ani rf.� "rr .rL ie: a cunl: eat-CUal [� In )) Prop broad So the Cir .t qui Lion ent 'a coma 'Within This rLCiui.Liun 3 J r this excePt.ioh to the broad Powers gLven to 9 Lln• trnnnt and landlord r.nvol.v;ng 1 3! wouLd coma L.. rioLc i.n Wlrrlat. i John Hayek • -2- • March 28, 1975 -- - Iowa municipalities prohibits them from enacting ordinances regarding landlord -tenant relationships. The answer to this question lies more with - what type_ of ordinance it isand-inwhat way does it affect the landlord tenant relationship. As stated in 364.1 of the Code of Iowa, 1975, a municipality cannot- - -- enact an ordinance which-sole'purposeistoaffect the -landlord -tenant Tela- -- -_ tionship. Examples of ordinances of this type would be requiring certain - prov.isionsinthe lease, -or-require leasehold interests to be written. Such ordinancescould create different laws in different municipalities the end product of which would result in a chaotic and disarrayed system of laws. Rent control is another_ type. of ordinance that has a bearing upon the. •landlord-tenant relationship._ There isan'argument that even though it - - directly affects a principal aspect of the landlord -tenant relationship it is incident to an exercise of an independent municipal power. This indepen— dent municipal power is to provide for the general welfare by providing -- shelterat a reasonable cost.8 Courts have reacted tothisargument with little unanimity. Some courts have recognizedthis argumentand construed the municipality's general police powers broadly and thus upheld such ordi- nances.9 Others have held that rent control is a landlord -tenant concern -- hence a civil relationship, hence a statewide concern and that there is a serious intervention in such a relationship and thus the general police powers do not include the power to control_rents.l0 The divergence of these views shows that a municipality's power to control rents varies from state to state depending upon the home rule grant and the judicial interpretation of that grant. .In Massachusetts, the home -rule grant is similar to Iowa's i.nthat it grants municipalities broad powers with the exception to private law governing civil relationships unless incident to some independent municipal power. In a court case testing whether a municipality possesses power to control. rents- as -part of a broadly_ construed general. welfare power, the court ruled that it has no such power.11 The court stated that rent control is an objective in itself designed to keep rents at reasonable levels. It construed general welfare narrowly stating that itis- a contradiction to state that an ordinance, the principal objective of which is to control rent, is also merely incidental to the exercise of an indepen- dent municipal power to control rents.12 Looking atthis case it seems that - _..... there is precedent for aruling that without a specific grant from the legislature, the enactment is not within home rule. - Besides the private law exception, there may be other difficulties a -rent control ordinance may encounter. __As::the-Constitutional..7unendment.and _s::.364.1 -- point out, cities are granted broad powers to enact ordinances governing local concerns. The issue of whether rent control is a statewide concern can be raised. Regulations of rent in one community may have impact elsewhere -oa- land use, new housing construction, the mortgage market and other similar - _matters. This may certainly be an area for the Legislature ifitdeals with - rent control to impose general restrictions and conditions on local rent - control. My opinion, given the case involving a similar home rule grant and O(Alor oe€enL'jr,n'- { ,e,n,ei,l!+r rr.lunn, w,xeld h., lh,;iL rr+nl: runtrol i•: not wit:hir, the -- municipal.i.ty's power under home ruLe. John Hayek -3_ •� March 28, 1975 If rent control is not within a municipality's power, is there any area which may directly or indirectlyaffectthe-landlord-tenant relationship_ which is a valid exercise of power under home rule. Case law and legal commentators seem to agree that municipalities can intervene in the landlord -tenant area - to enforce housing codes.13 Municipal ordinances providing for rent -withholding where the landlord fails to maintain the premises as required by housing codes, or ordinances prohibiting retaliator/ evictions for the reporting of housing code violations are possible steps that Iowa municipalities can take. The courts have indi- cated that they may be receptive to ordinances enacted in resoonse to this problem. In Mease v_ Fox the courts have stated that rent is not collectible - in cases where the premises rented are not ha.14 bitablein other cases a landlord was prohibited from evicting a tenant for reporting housing codes to the authorities•15 By stating that a tenant can withhold sent and prohibiting` retalitory-evictions, the. courts have indicated theirrecognition of the need +' _ for more effective remedies to reduce housing code violations. Since housing codes are enacted to protect the occupants against injury from fire, badly lighted hallways, and, similar hazards they are within a municipality's police powers for the protection of the public health and safety. The incursion into the civil relationship of the landlord -tenant can be seen as incidental to a more effective enforcement of the housing code. 1 Home Rule: A Solution for tdunicipal Problems, 16 1•7yo. s.J. 47, 52 (1961)• art 11, 9 3, Ore. Const., art. 11, - Note, - y $ee Tex. Const_, art 11, S 5, t•1inn. Const. 9-2, Colo. Const., art. �,� S 6. art. III, s 40 (1968)• - - 3 gee Iowa Const.. � abrief history 01 Iowa Lad, Implementation 4 A Iowa home. Rule Amendment as we l a` F. Scheidler, Survey For a discussion of is 22 Drake L.P.. 294 - OF home 94- ofhome rule in Iowa seRulin Iowa, not incon- of Constitutional Home the constitution, and_i limited by ower and Perform except as expressly exercise any privileges, 5 A city may, gene assembly, reserve the rights, sistent with the laws of the g -and p function it deems appropriate to protect and. to .preserve and improve the - Of is residents, is residents. any the city p` i and convenience of ir ronerty of comfort, to enact p !vale O and P health, welfare, -. peace, safety, rule powers. does. not include the power - This grant of home hips , except as incident to an exercise civil law governing civil relations of an independent city power. 6 -!Hent, tdunicipal Home Rule Power: Impact on private Legal Relationships Co.• • 260 56 Ia. L.R. 631. Board of Brookline et al., V. Rent Review and Grievance 56 Ia. L.R. 631. 7 ;arshall House 9 See Comment, _ -et al., 260 Id.E.2d 200 (1972)- 8 Marshall Nouse Inc. v. Rea_Review and Grievance Board of Brookline N.g.2d 200 (1970). - -- d 115 A -2d218, 7_21(1955), 382 Pa. 380, 38_; 210 107 A2d 99, g Cit of Philadelphia, 205 Md. 203, Warren v. Council of Baltimo1e,9 24.44. Herb v. ttayor and Cit uillin,.note 37,.- - 103 (1954). See also 6 [•1cQ 60 63; 156 A.2d 515. rdensv. Cit of Standord,: 147 Conn. 10 01a colony Ga tarshall House Inc. v. Rent Review and Grievance Board of Brookline _Ii 516 (1959)- a et al, 260 et al, 260 tl. E.2d 200 (1970) - _. 11 _;;arshall House Inc. v. Rent Review and Grievance Board of Brooklin_ ,t.E.2d 200 (1970)- 12 Ibid., at 207- 13 ibid., at 206. 14 200 14_1,1-2d 791 (1972) . Although the housing Habib, 397 F.2d G87, '99.(D..C. Cir. 1968)• believe that courts 15 Edwards v. statute there is no reason to n b7 statu`_e. code enacted here was bl ordinance and those dill di.f:fc,rrnti:,te between those enacted by I • City of Iowa ity M EMORANDUM DATE: March 25, 1975 TO: Members of the City Council FROM: Neal Berlin, City Manager RE: Informal Council Sessions ✓ .March 24> 1975 1.00 P.M. Monday) Discussion cf Washington St. Project. Discussion of Urban Renewal. Discussion of Pending Items List. 4 00 P M (Wednesdayl March 26 1975 Chairpersons .Meeting with Board and Comnissierclub' at Highlander Inn and Supp ,/March 27 1975 1.00 P.M. (Thursday) Discussion of pedestriaColbyand on Court St. per request by Anthony Discussion of changing one-way traffic on Grand Ave. to two-way. Discussion of status of women in Iowa City. Meeting with University Heights City Council. Marcam 1, 1975 1 00 P M (Mond) Discussion of the Budget Process. Discussion of Tornado -Emergency warning system - Discussion of Landlord -Tenant ordinance. April 1975 1:010 P M (,Thursdayl Council tour with City Engineers on Muscatine Avenue. Discussion of City street lighting policy. Discussion of the status of the Joint Maintenance Facility. Discussion of Revised Design Standards for Public Works improvements. Memorandum to Members of the City Council From Neal Berlin, City Manager RE: Informal Council Sessions Page 2 - April 7 1975 (Monday) No Meeting Aril 10, 1975 1.00 P.M. (Thursday) =Meeting with staff, County, Coralville, County Veterinarian Association regarding animal control and enforcement. Discussion of Rate Study for Water and Sewer Systems. ROLL N0. RECORDS OF . M OF ROLL Date I - // �� R�oaU1a�- ouc� XOPERATOR�� CAMERA NO. — MM A; LN zoo COUNTER all Form 8