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HomeMy WebLinkAbout1977 Resolution BookBook 38 1977 Resolutions 1 - Page Res. Res. Title Date 1 1 Res. of Approval of Class C Beer Permit Appl. - 1/4/77 7 -Eleven Food Stores, 820 First Ave. 2 2 Res. Authorizing Members of the City Council & Administrative Staff of the City of Iowa City, to Participate as Non -Voting Members in the Iowa City Chamber of Commerce 3-4 3 Res. Approving Auditor's Plat No. 32 Submitted by R. M. Boggs Co., Inc.; Business Development Inc.; Capitol Propane Gas Co., Inc.; Drug Fair; L. L. Pelling Co. and Wolf Construction, Inc. 5 4 Res. Approval of Class C Beer Permit Appl. - 1/11/77 Quik Trip Corp. dba/Quik Trip #509, 225 S. Gilbert 6 7 Res. Approv. Class B Beer Permit Appl. - Wm. N. Edwards Jr., Kim Grittner & Sherri J. Hobbs dba/ That Deli, 620 S. Dubuque St. 7 6 Res. Approval of Class B Beer License Appl. - Sunday Sales - Edwards, Grittner & Hobbs dba/ That Deli, 620 S. Dubuque St. 8-11 5 Res. Proposing to Sell & Convey Certain City Property to the State of Iowa for R -O -W for U.S. Hwy. No. 218, and Setting Public Hearing Theron 12-15 8 Res. Proposing to Amend Lease of Portion of Iowa City Municipal Airport to United States of America for the U.S. Army Reserve Training Center, and Setting Public Hearing Thereon 16 9 Res. Authorizing City Clerk to Publish Notice of "Location and Design Approval Request" for the Market/Jefferson Signalization Project 17 10 Res. Approving Class B Beer Permit Appl. - Bush- 1/18/77 nell's Turtle, Inc. dba/Bushnell's Turtle, Inc. Clinton St. Mall 18 11 Res. to Refund Beer Permit - John M. Oler dba/ That Deli, 620 So. Dubuque 19-25 12 Res. Authorizing Execution of Agreement with Ia. Dept. of Transportion Federal Participation - Market/Jefferson Signalization Project 26 13 Res. Setting Public Hearing for the Plans, Specs., Form of Contract and Estimated Cost for Furnishing of Equipment for Jefferson/Market Signalization Proj. 27 14 Res. Awarding Contract for Constr. of Locker Room Facilities in the Iowa City Civic Center. - Burger Construction Co., Iowa City 28 15 Res. of Approval of Class C Liquor License Appl. - 1/25/77 Sunday Sales - Keith W. Dempster dba/The Mill, 120 E. Burlington St. 29 16 Res. Approv. Class C Liquor Control License Appl. - Jirsa & Lovetinsky dba/Moody Blue, 1200 S. Gilbert. 30 17 Res. to Issue Dancing Permit - Jirsa & Lovetinsky dba/Moody Blue, 1200 S. Gilbert 31 18 Res. Approving Class B Beer Permit Appl. - Kuhlmann, Inc. dba/Jose Taco, 517 S. Riverside Dr. Book 38 1977 Resolutions 19 - 37 Page Res. Res. Title Date 32 19 Res. Approval of Class B Beer License Appl. 1/25/77 Sunday Sales - Kuhlmann, Inc. dba/Jose Taco, 517 S. Riverside Dr. 33-34 20 Res. Approv. Plans, Specs., Form of Contract & Estimate of Cost for Furnishing Equipment for 62 32 the Jefferson/Market Signalization Proj. 35-38 21 Res. Amend. Lease of Portion of Iowa City Mun. Airport to U.S. of A. for the U.S. Army Reserve 63 33 Training Center. 39-42 22 Selling & Conveying Certain City Property to 64 34 the State of Iowa for Right -of -Way for U.S. Hwy. #218 (Easement for Parcel #36) 43 23 Res. Repealing the Res. of 9-7-65 Which Estab- 65-66 35 lished the Perpetual Care Fund Because the Municipal Cemeteries of the City of Iowa City 67 36 Shall Hereafter Be Non -Perpetual Care 44 24 Res. Accepting Prelim. Plat of Makada Subdi- vision 45 25 Res. Accepting Prelim.Plat of Hawkeye Heights 46 26 Res. Amending Budget Authorization Res. No. 76- 238 for Dept of Public Works Equipment Division 47 27 Res. Amending Budget Authorization Res. No. 76- 238 for Department of Community Development Personnel 48-54 28 Res. Authorizing Execution of an Agreement 2/1/77 with Hansen Lind Meyer, Inc.(Design of Archi- tectural Barrier Removal Program) 55 29 Res. Adopting the Neighborhood Redevelopment Plan Developed to Meet Requirements of Chapter 403 of the Code of Iowa 56-60 30 Res. Authorizing Release of Easement Held by City of Iowa City over Lots 295 and 296 of Oak - woods Add. to City, Part 6, also Replatted and Known as Part 6B 61 31 Res. Approving Class B Beer Permit Appl - Silver 2/8/77 Ball Ltd. dba/Silver Ball Ltd., 529 S. Gilbert 62 32 Res. of Approval of Class C Beer Permit Appl. Clyde R. Seaton dba/Seaton's Cash and Carry Market, 1331 Muscatine Ave. 63 33 Res. to Issue Cigarette Permits - Silver Ball, Ltd. dba/Silver Ball, Ltd., 529 S. Gilbert 64 34 Res. Setting Public Hearing on Budget Estimate for the Fiscal Year July 1, 1977, through June 30, 1978 65-66 35 Res. Accepting the Work for the FY77 Slurry Seal Project - Missouri Petroleum Products Co. of St. Louis 67 36 Res. Amending Budget Authorization Resolution No. 76-238 for the Department of Housing and Inspec- tion Services 68-69 37 Res. Approving the Final Plat of Village Green Addition, Part IX Book 38 1977 Resolutions 38 - 55 Page Res. Res. Title Date 70 38 Res. Establishing Stop Signs at Certain 2/8/77 Designated Intersections in Iowa City - Burns Ave. & Sycamore St. 71 39 Res. Establishing Stop Signs at Certain Designated Intersections in Iowa City - Mormon Trek Boulevard & MacBride Drive 72-73 40 Res. Prohibiting Parking on the East Side of Grant Street from Court St. South 75 Ft. 74 41 Res. Awarding Contract for the Furnishing of Equipment for the Jefferson/Market Signali- zation Project - Roger L. Brown Sales Agency 75 42 Res. Approv. of Class C Beer Permit Appl. 2/15/77 Sav-Mor Deep Rock Stationstore, 1104 S. Gilbert 76 43 Res. of Approv. of Class C Beer Permit Appl. May's Drug Store #198, 1101 S. Riverside 77 44 Res. of Approv. of Class C Beer Permit Appl. Eagle Discount Supermarket #220, 1101 S. River- side Drive 78 45 Res. of Approv. of Class C Beer Permit Appl. - Eagle Discount Supermarket #157, 600 N. Dodge 79 46 Res. Approv. Class C Liquor Control License Appl., Grand Daddy's of Iowa City, 505 E. Burlington 80 47 Res. Approv Class C Liquor Control License Appl., Terrence Taylor dba/The Serendipity Pub, 1310 Highland Ct: 81 48 Res. Approv. Class C Liquor Control License Appl. W. Marcus Hansen dba/Gilbert Street Tap, 1134 S. Gilbert St. 82 49 Res. to Issue Cigarette Permits - Grand Daddy's and Gilbert St. Tap 83 50 Res. to Issue Dancing Permit - Grand Daddy's of Iowa City, 505 E. Burlington 84 51 Res. Setting Public Hearing on Plans, Specs., Form of Contract and Estimate of Cost for the Construction of the 1977 Tennis Court Lighting Project 85-90 52 Res. Approv. Final Plat of Lime Kiln Farm Estates - 91 53 Res. by Iowa City City Council Supporting Legis- lative Action in the Iowa General Assembly to Regulate the Use of Beverage Containers in State 92 54 Res. Approv. Prelim. & Final LSNRD Development for Howard Johnson's Motor Lodge 93-98 55 Res. Authorizing the Mayor to Execute and the City Clerk to Certify an Agreement with The City of Coralville (Housing Assistance Payments to owners of property located within City limits of Coralville) Book 38 1977 Resolutions 56 - 74 Page Res. Res. Title Date 99 56 Res. Approving Class B Beer Permit Appl. - 2/22/77 Edna Eldeen dba/Hilltop Tavern, 1100 N. Dodge 100 57 Res. Authorizing Mayor to Execute Actual Use Report for General Revenue Sharing for the Seventh Entitlement Period - July 1, 1976 101 58 Res. Supporting the Johnson Co. Bond Issue for a County Administration Building and Joint Law Facility 102 59 Res. Authorizing Filing of a Community Develop- ment Block Grant Application in the Amount of $2,061,000 under the Housing and Community Development Act of 1974, Including all Under- standings and Assurances Contained Therein and Designating the City Manager as the Authorized Chief Executive Officer for the Grant 103 -104 60 Res. Approving the Preliminary and Final Plat of Tracy Lane Addition - North Bay Constr. Inc. 105-106 61 Res. Prohibiting Parking on the West Side of Summit St. from the Centerline of Court St. Extended to a Point 75' North of the Centerline of Court St. Extended 107 62 Res. Adopting Phase II of the Iowa River Corri- dor Study 108 63 Res. Approving Class C Liquor Control License 3/1/77 Appl. for Michael R. Hanrahan dba/Depot Lunch, 114 Wright St. 109-112 64 Res. Author. Execution of Agreements for Over - width Paving - Bryn Mawr Heights Dev. Co. 113-114 65 Res. Approv. Final Plat of Village Green, Pt. 6, Iowa Developement Co. 115-116 66 Res. Approv. Plans, Specs., Form of Contract, & Estimate of Cost for the Constr. of the 1977 Tennis Court Lighting Project 117-118 67 Res. Establishing Fair Re -Use Value of Certain Urban Renewal Property - City -University Pro- ject I, Project No. Iowa R-14 119 68 Resolution of Commendation - Raymond M. Hess, 3/8/77 Fire Department 120 69 Res. of Approval - Class C Beer Permit Appl. - Cedar Falls Oil dba/Holiday Stationstore #92, Highway 6 & Rocky Shore Dr. 121 70 Res. of Approval - Class C Beer Permit Appl. - Drug Fair, Inc. dba/Drug Fair, 121 E. Washington 122 71 Res. to Refund Pibtion of Class C Liquor License Fee - Ambrose, Inc. dba/Moody Blue, 1200 S. Gilbert 123 72 Res. to Refund Cigarette Permit - Central Ven- dors, Inc. dba/ D.J.'s & Gilbert St. Tap 124-125 73 Res. Adopting the Annual Budget for the Fiscal Year Ending June 30, 1978 126-128 74 Res. Authorizing Correction of Special Assess- ment for 1968 Paving and Sewer Project for Property Owned by John H. & Gertrude Milder Book 38 1977 Resolutions 75 - 91 Page Res. Res. Title L Date 129-131 75 Res. on Acquisition or Development for Outdoor 3/8/77 Recreation under the Land and Water Conservation Fund Program - Park Shelters, Wetherby & Willow Creek Parks 132 76 Res. Approving Class B Beer Permit Appl. - Taco 3/15/77 Grande of Southeast Iowa, Inc. dba/Taco Grande, 331 East Market St. 133 77 Res. of Approval of Class B Beer License Appl. - Sunday Sales, Taco Grande of Southeast Iowa, Inc. dba/Taco Grande, 331 East Market 134 78 Res. Approv. Class C Liquor License Appl. - Magoo's Inc. dba/Magoo's, 206 N. Linn St. 135 79 Res. to Refund Beer Permit - Iowa City Pizza Co., Inc. dba/ Shakey's Pizza Parlor & Ye Public House, 531 Highway #1 West 136 80 Res. to Issue Cigarette Permits - Michael R. Nicholls dba/Donutland, Inc. Store No. 13, 1818 Lower Muscatine Rd. 137 81 Res. to Refund Cigarette Permit - Iowa City Pizza Co., Inc. dba/ Shakey's, 531 Highway 1 West 138-139 82 Res. Approving Final Plat of Sturgis Corner - Southgate Development Co., Inc. 140 83 Res. Accepting Prel. Plat and Large Scale Resi- dential Dev. for The Westwinds - Melrose Dev. Co. 141 84 Res. Allowing Parking on the S. Side of Highland Ave. from the Intersection of Highland Ave. with the Crandic R.R. Right -of -Way E. to a Point 200 Ft. E. of the Intersection of Highland Ave. with High- land Ct.; and Prohibit Parking on the N. Side of Highland Ave. from the Intersection of Highland Ave. with Gilbert St. E. to a Point 200 Ft. E. of the Intersection of Highland Ave. with Highland Ct. 142 85 Res. Authorizing the Installation of Three 30 -Min. 3/22/77 Parking Meter Stalls in the 500 Block on South Side of Iowa Ave. 143-154 86 Res. Authorzing Mayor to Sign Contract with the Johnson Co. Regional Planning Comm. to Prepare a Human Needs Plan Which Will be a Part of the Iowa City Comprehensive Plan 155 87 Res. Approving Class C Liquor Control License 3/29/77 Appl. - B.P.O. Elks, #590, 600 Foster Road 156 88 Res. Approval of Class C Liquor License Appl. Sunday Sales - B.P.O. Elks #590, 600 Foster Rd. 157-159 89 Res. Approv. Final Plat of Bryn Mawr Heights, Pt. 8 160-162 90 Res. Approv. Final Plat of Bryn Mawr Heights, Pt. 9 163-165 91 Res. Approv. Final Plat of Bryn Mawr Heights, Pt. 10 Book 38 1977 Resolutions 92 - 96 Page Res. Res. Title 166-167 92 Res. Establishing Just Compensation for CDBG 168-169 93 170 94 171-172 95 173 96 Property Acquisition at the Intersection of Johnson St. and Ralston Creek Res. Approving Final Plat of Oakridge Estates Res. Designating the Parking Area Located in Upper City Park as a 4 -Hour Parking Area Effective Mon. thru Fri. and Authorizing the City Manager to Install and Maintain Signs Stating as Such Res. Establishing Adoption Fees for Dogs and Cats at the Iowa City Animal Shelter, & Repeal- ing Res. 74-460 Res. Engaging Auditor for Year Ending 6/30/77 - McGladrey, Hansen, Dunn & Co. Date 3/29/77 I Book 39 1977 Resolutions 97 - 115 Page Res. Res. Title 174 97 Res. Approv. Class C Liquor Control License Appl. - Marquette Club, Knights of Columbus, 328 Washington 175 98 Res. Approv. Class C Liquor License Appl., Sunday Sales - Marquette Club, Knights of Columbus, 328 E. Washington 176 99 Res. Approv. Class C Liquor Control License Appl. - Towncrest Inn, Ltd. dba/Towncrest Inn, Ltd., 1011 Arthur 177 100 Res. Approv. Class C Liquor License Appl, Sunday Sales, Towncrest Inn, Ltd. dba/Towncrest Inn, Ltd., 1011 Arthur 178 101 Res. Setting Public Hearing on Plans, Specs., Form of Contract & Estimate of Cost for the Const. of The FY78 Sanitary Landfill Excavation Proj. 179 102 Res. Accepting Prel. Plat of Wendram Bluff 180 103 Res. Awarding Contract for the Const. of The 1977 Tennis Court Lighting Project - Shay Electric of Iowa City 181-191 104 Res. Certifying Delinquent Sewer and Water Accounts of County Auditor 192 105 Res. Approving Class C Liquor Control License Appl. - Four Cushions, Inc. dba/Four Cushions, Inc., 18-20 S. Clinton St. 193 106 Res. to Issue Cigarette Permits - Iowa City Supply & Vending, 431 Clark St. dba/Fairview, 446 Am. Legion Rd. 194 107 Res. to Refund a Portion of Class C Liquor License Fee, Madu, Inc. dba/Mama Machacek's Bar & Dirty Doug's Dair, Deli, & Pizzeria, 5 S. Dubuque St. 195 108 Res. to Refund Cigarette Permit - Madu, Inc. dba/Mama's Bar, 5 S. Dubuque St. 196 109 Res. Approv. Class C Liquor Control License Appl. - Karen Louise Ma and James W. Burr dba/Lung Fung Restaurant, 715 Riverside Dr. 197 110 Res. Approv. Class C Liquor License, Sunday Sales, Karen Louise Ma and James W. Burr dba/Lung Fung Restau- rant, 715 S. Riverside Dr. 198-199 111 Res. Approv. Plans, Specs., Form of Contract & Estimate of Cost for the Constr. of FY78 Landfill Excavation Proj. 200-203 112 Res. Author. Mayor to Execute and City Clerk to Certify an Agreement with the City of Riverside, Iowa 204-209 113 Res. Author. Execution of Agreement with the C.R.I.&P. Railroad Co. Regarding a Proposed Underground Cross- ing of Railroad Right -of -Way with a Ten Inch Sanitary Sewer Pipe 210-211 114 Res. Prohibiting Parking on the East Side of Orchard from the Intersection of Orchard St. with Benton St. South to a Point 175 Ft. S. of the Intersection of Orchard St. with Benton St. 212-213 115 Res. Prohibiting Parking on the S. Side of Prentiss St. East from the Alley between Dubuque St. and Linn St. to a Point 30 Ft. East of the Alley 4/12/77 Book 39 1977 Resolutions 116 - 138 Page Res. Res. Title Date 214 116 Res. to Issue Cigarette Permits - Finkbine 4/19/77 215-221 117 Res. Approv. Final Plat & Final Subdivision Adopting Regulations for Oakland Cemetery Regard- 5/3/77 Plan and Final Large Scale Residential Develop- the Rights of Lot owners, the Maintenance Practices, ment Plan for "Westwinds" 232-233 222 118 Res. Approving Class B Beer Permit -Long John Silvers, 4/26/77 Subdivision 1940 Lacer Muscatine Road 223 119 Res. Approving Class Beer -Sunday Sales -Long John Silvers, 1940 Lower Muscatine Road 224 120 Res. Approving Class C Liquor License -Colonial Lanes, 2253 Highway 218 South 225 121 Res. Approving Class C Liquor -Sunday Sales -Colonial Lanes, 2253 Highway 218 South 226 122 Res. Concerning Return of Jet Airplane Formerly Located at the Iaaa City, Iowa, Municipal Airport 227 123 Res. Establishing Fee for Receiving Dogs and Cats fron Non -Residents of Iowa City at the I. C. Animal Shelter 228 124 Res. Accepting Sanitary Sewer Improvements -Village Green VI 229-230 125 Res. Approving Subdivision Plat of Hamm Second Addition 231-231F 126 Res. Adopting Regulations for Oakland Cemetery Regard- 5/3/77 ing the Rights of Lot owners, the Maintenance Practices, Rules for Visitors 232-233 127 Res. Approving Prel. and Final Plat or Orchard Court Subdivision 234 128 Res. Accepting Prel Plat of Subdivision of Lot 2, Sturgis Corner Add. 235-236 129 Res. Revising Design Standards for Public Works Improve- ments in Iowa City 237-238 130 Res. Approving Plans, Specs. & Form of Contract for the Muscatine Ave. Improvement Proj. FAUS M-4052(829)-81-52 239 131 Res. Awarding Contract for the Constr. of the FY 78 Landfill Excavation Proj. and Work Incidental to Constr. in and for the City of Iowa City 240-241 132 Res. Prohibiting Parking on the S9est Side of Oakland St. from the Intersection of Oakland St. with Sheridan Ave. to a Point 75 Ft. North of the Intersection of Oakland St. and Sheridan Ave. 242 133 Res. Changing the Parking Regulation on East Side of Grant St. frcm Court St. South 75 Ft. 243 134 Res. Authorizing Abandoned Bicycle Sale 244-248 135 Res. Authorizing Assignment of Judgment (Owens v. City of Iowa City) 249 136 Res. Approving Class B Beer Permit Appl. - Godfather's 5/10/77 Pizza, 531 Highway 1 West 250 137 Res. Approv. Class B Beer Sunday Sales Appl. - God- father's, 531 Highway 1 West 251 138 Res. to Issue Cigarette Permit - Godfather's 0 Book 39 1977 Resolutions 139 - 155 Page Res. -Res. Title Date 252-255 139 Res. Fixing Date for a Meeting on the Propo- 5/10/77 sition of the Issuance of $3,015,000 General Obligation Bonds (For An Essential Corporate Purpose) of Iowa City, and Providing for Publi- cation of Notice Thereof 256 257-259 260-263 264-274 275 276-277 278-279 280 281 282 283-285 286 287-289 290 291 292 140 Res. of Commendation - Glenn E. Stimmel, Fire Dept. 141 Res. Certifying Tree Removal to County Auditor 142 Res. Approving FY'78, 179, '80 Official Report of Municipalities for the Street Construction Program from 7/1/78 to 6/30/80 143 Res. Authorizing Execution of Agreement with the State of Iowa 144 Res. Authorizing Execution of Agreement with Veenstra & Kimm, Engineers & Planners 145 Res. Prohibiting Parking on Both Sides of Walnut St. from the Intersection of Walnut St. with Webster St. E. to a Point 100 Ft. East of the Webster St. - Walnut St. Intersection 146 Res. Prohibiting Parking on the West Side of Lexington Ave. from the Intersection of Lexing- ton Ave. with River St. North to the Intersection of Lexington Ave. with Park Road from 8:00 A.M. to 5:00 P.M. Monday through Friday 147 Res. Approving Class C Liquor Control License - 5/17/77 The Airliner, 22 South Clinton 148 Res. Setting Public Hearing on Plans, Specs., Form of Contract, & Estimate of Cost for the Construction of The College/Dubuque Mall- Storm & Sanitary Sewer Project 149 Res. Setting Public Hearing on Plans, Specs., Form of Contract & Estimate of Cost for the Constr. of Six Storm Water Management Projects on Ralston Creek 150 151 152 153 154 Res. Instituting Proceedings to Take Additional Action for the Issuance of $3,015,000 General Obligation Bonds Res. Establishing Fees & Charges for Vehicular and Bicycle Impoundment and Storage Res. Modifying Urban Renewal Plan for Project 5/24/77 Iowa R-14 Res. Approving Class C Liquor Control License Application - George Dane dba/The Nickelodeon, 208 N. Linn Res. Approving Class B Beer License Application, Sunday Sales, Silver Ball, Ltd., 529 S. Gilbert 155 Res. Setting Public Hearing on Plans, Speci- fications, Form of Contract and Estimate of Cost for the Construction of FY 78 Asphalt Overlay Project Book 39 1977 Resolutions 156 - Page 293-295 Res. Res. Title Date 156 Res. Adopting the Schedule of Fees and Charges 5/24/77 for Oakland Cemetery 296-297 157 Res. Approving Plans, Specifications, Form of Contract, and Estimate of Cost for the Constr. of College/Dubuque Mall -Storm and Sanitary 319 166 Sewer 298-302 158 Res. Establishing Just Compensation for Loss in Land Value Due to Easement Acquisition for CDBG Ralston Creek Interim Projects 303-308 159 Res. Authorizing the Mayor to Execute and The City Clerk to Certify an Agreement Between Iowa - 326 168 Illinois Gas and Electric Co. and the City of Iowa City, Iowa, Which Provides for an Easement Upon Certain Property Owned by Iowa -Illinois Gas and Electric Company for a Storm Water 327-330 169 Detention Pond 309-311 160 Res. Authorizing Execution of Agreement for Oversizing Sanitary Sewer 312-314 161 Res. Authorizing the Mayor to Execute Contracts for Youth Services in the Iowa City, Iowa, Area 333-334 171 with the PALS Program in Johnson Co. Extension Service 315 162 Res. Approving Class A Liquor Control License Appl. - LeRoy E. Weekes Post #3949, V.F.W. 316 163 Res. Approving Class A Liquor License Appl. - Sunday Sales - LeRoy E. Weekes Post #3949, V.F.W. 317 164 Res. Approving Class C Liquor Control License Appl - Boulevard Room, Ltd. dba That Deli - That Bar, 325 E. Market 5/31/77 318 165 Res. Approv Class C Liquor License Appl. - Sunday Sales, Boulevard Room, Ltd. dba That Deli -That Bar, 325 E. Market 319 166 Res. Setting Public Hearing on Plans, Specs., Form of Contract, and Estimate of Cost for the Constr. of Projects in the Architectural Barriers Contract , 320-325 167 Res. Directing the Advertisement for Sale of $3,015,000 General Obligation Bonds 326 168 Res. Designating Legal Holidays on Which the Regulation by Parking Meters of the Parking of Vehicles upon Streets of the City of Iowa City Shall be Suspended 327-330 169 Res. Authorizing the Mayor to Execute Contracts for Youth Services in the Iowa City Area with the Mayor's Youth Employment Program 331-332 170 Res. Approving Prelim. and Final LSRD and LSNRD for Mapleleaf Office Park 333-334 171 Res. Approving Prel. Plat of Sycamore Bluff Subdivision and Final Plat of Lot 1 Sycamore Bluff Subdivision 335-336 172 Res. Authorizing Execution of An Easement Agreement with Northwestern Bell Telephone Co. Cl Book 40 1977 Resolutions 173 - 192 Page Res. Res. Title 337 173 Res. Approving Class B Beer Permit Appl. - B.G. Mihalopoulos dba/The Best Steak House, 1 So. Dubuque 338 174 Res. Approv. Class B Beer License Appl. - Sunday Sales - B.G. Mihalopoulos dba/ The Best Steak House, 1 So. Dubuque 339 175 Res. Approv. Class C Beer Permit Appl. - Walgreen Co., 1646 Sycamore 340 176 Res. Approv. Class C Liquor Control License Appl. - American Legion Roy L. Chopek Post #17, American Legion Road 341 177 Res. Setting Public Hearing on Amending the FY77 Budget Ending June 30, 1977 342 178 Res. Accepting Prel. Plat of Court Hill - Scott Blvd., Part V 343-345 179 Res. Authorizing the Mayor to Execute and the City Clerk to Sign an Acknowledgment of an Option to Purchase the Former Post Office Which is Presently Owned by the U. S. Postal Service 346-347 180 Res. Approving Plans, Specs., Form of Contract and Estimate of Cost for the Constr. of FY78 Asphalt Project 348-349 181 Res. Approving Plans, Specs., Form of Contract and Estimate of Cost for the Constr. of Five Storm Water Management Projects on Ralston Creek 350 182 351 183 352 184 353 185 354 186 355 187 356 188 357-358 189 359 190 360-374 191 375 192 Res. Authorizing the City of Iowa City to Pursue a Housing Rehabilitation Program Res. Accepting the Work for the Police Locker Room Facilities,Burger Construction Co. Res. Accepting Sanitary Sewer Improvements in Bryn Mawr Additions Parts 8, 9, and 10 Res. Accepting Sanitary Sewer and Paving in Tracy Lane Add. - Metro Pavers; Knowling Brothers Contracting Co. Res. Accepting Paving Improvements in Hamm Second Add. - Metro Pavers Date 6/7/77 Res. Approving Class C Beer Permit Appl. - 6/14/77 McRo, Inc. dba/Whiteway Super Market, 212 S. Clinton Res. Approving Class C Liquor Control License Appl. - David L. Alberhasky dba/Foxhead Tavern, 402 E. Market St. Res. to Issue Cigarette Permits - listed on attached list Res. Approving Prel. & Final Plat of Lovetinsky Subd. Res. Authorizing Execution of Agreement with Shive-Hattery & Assoc. for Bridge Design Res. Authorizing Ma or to Sign and Cit C erk to Attest Contract for the ConstructioK 0 the Muscatine Ave. Improvement Project I Book 40 1977 Resolutions 193 - 211 Page Res. Res. Title Date 376-378 193 Res. Authorizing the Mayor to Execute and 6/14/77 the City Clerk to Attest an Agreement with Johnson County/Municipal Civil Defense Agency 379-380 194 Res. Authorizing Execution of Sixth Amenda- tory to Annual Contributions Contract for Section 23 Leasing of Private Accommodations 381-395 195 Res. Authorizing Execution of Annual Contri- butions Contract - Section 8 Housing Assist- ance Payments Program 396-400 196 Res. Authorizing the Mayor to Execute and the City Clerk to Certify an Amendment to a Contract Between the City of Iowa City and the U. Of Iowa Concerning Sewer Services Provided to the U. of Iowa 401 197 Res. Approving Class B Liquor License 6/21/77 or Howard Johnson Co. & McLean Enterprises, North Dodge St. 402 198 Res. Approving Class B Liquor License, Sun- day Sales, Howard Johnson Co. & McLean Enter- prises, North Dodge St. 403 199 Res. Approving Class C Liquor Control License Application - The Mill Restaurant, 120 E. Burlington 404 200 Res. Approving Class C Liquor License Appli- cation, Sunday Sales, The Mill Restaurant, 120 E. Burlington 405 201 Res. Appoving Class C Liquor Control License Application - Fraternal Order of Eagles #695, Highway 1 406 202 Res. Approving Class C Liquor Control License Application, Copper Dollar, 211 Iowa Ave. E. 407 203 Res. to Issue Dancing Permit - Iowa City Aerie of the Fraternal Order of Eagles #695, 225 Highway 1, S.W. 408-409 204 Res. to Issue Cigarette Permits + attached list of names & addresses 410 205 Res. Approving Class C Liquor Control License Gabe 'n' Walkers Saloon, 330 E. Washington 411 206 Res. Authorizing City Clerk to Publish Notice of Public Hearing on the Excavation Ord. for the City of Iowa City 412 207 Res. Setting Public Hearing on Plans, Specs., Form of Contract & Estimate of Cost for the Construction of the Jefferson/Market Signali- zation Project, FAUS NO. M-4030, (1)---81--52 413 208 Res. Accepting the work for West Park Lift Station - Jim Schroeder Constr. Inc. 414 209 Res. Repealing Res. No. 73-17 Which Established a Tapping Fee for Arbor Drive Relief Sewer 415 210 Res. Accepting Prel. Plat - Resubdivision of a Portion of Lot 30, Conway's Subdivision 416 211 Res. Accepting Sanitary Sewer Improvements - Kn6wling Bros. Contracting Book 40 1977 Resolutions 212 - 229 Page Res. Res. Title Date 417 212 Res. Authorizing City Clerk to Publish Notice 6/21/77 of Readvertisement for Bids on the College/ Dubuque Mall Storm/Sanitary Sewer Project 418-419 213 Res. Establishing Just Compensation £orCDBG Land Acquisition at Hickory Hill Park 420-441 214 Res. Authorizing Labor Contract Between The City of Iowa City and the Iowa City Associa- tion of Professional Fire Fighters, IAFF, AFL-CIO, Local #610, to be effective July 1, 1977, through June 30, 1978 442-450 215 Res. Establishing Position by Pay Range for Classified Personnel of the city for FY 78 451 216 Res. on Unclassified Salaries and Compensa- tion for Fiscal Year 1978 Beginning 7/1/77 452-455 217 Res. Directing Sale of $3,015,000 General 6/28/77 Obligation Bonds (For an Essential Corporate Purpose) 456-488 218 Res. Authorizing Execution of Agreement for Engineering/Architectural Services with Associated Engineers, Inc. 489 219 Res. Approving Class C Beer Permit Appl. - Bill's I-80 DX, Route 2 490-491 220 Res. to Issue Cigarette Permits - 40 Permits 492 221 Res. Approv. Class C Liquor Control License Louis Pasteur's, 5 S. Dubuque 493 222 Res. Approv. Class Cl Liquor Control License Sunday Sales - Louis Pasteur's, 5 S. Dubuque 494 223 Res. Setting Public Hearing on Plans, Specs. Form of Contract & Estimate of Cost for the Construction of Mercer Park Ball Diamond Lighting 495 224 Res. Awarding Contract to L. L. Pelling Co. of Iowa City for Construction of FY78 Asphalt Resurfacing Contract; authorizing the Mayor to Sign and the City Clerk to Certify Said Contract, and Approving Performance Bond and Insurance Certificates 496-498 225 Res. Authorizing Execution of Agreement for Overwidth Paving in Mt. Prospect Addn. III 499-505D 226 Res. Approving Prelim. & Final LSNRD for Plan of American College Testing Program, Inc. 506 227 Res. Accepting Prel. Plat for LSRD Plan, Planned Area Developmetn Plan and Plat of Ty'n Cae Addn. 507-508 228 Res. Authorizing An Amendment to the Agreement Between the City of Iowa City, The Iowa City Library Board and the American Federation of State, County and Municipal Employees, Local 183, AFL-CIO 509 229 Res. Amending Salaries and Compensation for Classifidd Personnel, Resolution No. 77-215, and Providing for Various Position Changes Book 40 1977 Resolutions 230-244 Page Res. Res. Title Date 510 230 Res. Naming Depositories 6/28/77 511-512 231 Res. Amending the Current Budget for the Fiscal Year Ending June 30, 1977 (as amended last on Dec. 28, 1976) 513-515 232 516-520 233 521-523 234 524 235 525-526 236 527 237 238 528-530 239 Res. Authorizing the Mayor to Execute a Contract for Youth Services in the Iowa City Area with Youth Homes, Inc. Res. Authorizing the Mayor to Execute Contracts for Youth Services in the Iowa City Area with United Action for Youth Res. Approving Prel. & Final LSNRD for Bywater 7/5/77 Development (Lot 2, BDI First Addn.) Res. Approving Class C Liquor Control License Appl. - Valentino's, 115 E. College Res. to Issue Cigarette Permits + attached list Res. to Issue Dancing Permit - Gabe 'n Walkers, 330 E. Washington VOID Res. Authorizing the Mayor to Execute Contracts for Senior Citizen Services in Iowa City Area with the Johnson County Council on Aging 531-533 240 Res. Authorizing the City Attorney to Obtain Patents from the State of Iowa for Certain Streets and Alleys Located within the City of Iowa City 534-547 241 Res. Establishing a Travel Policy Regulating Travel for Municipal Purposes 548 242 Res. Establishing a Schedule of Fees with Regard to Delinquent Water Service Accounts 549 243 Res. Approving Plans, Specs., and Form of Contract for the Jefferson/Market Signalization Program FAUS M-40-30 (1) --81-52 550 244 Res. Accepting Paving and Storm Sewers in Parts 8, 9, 10 of Bryn Mawr Book 41 1977 Resolutions 245 - 264 Page Res. Res. Title Date 551 245 Res. Approving Class C Liquor Control 7/12/77 License - James J. Tucker dba/ Tuck's Place, 210 North Linn 552 246 Res. Approv. Class C Beer Permit Appl. John's Grocery, 401 E. Market St. 553 247 Res. Approv. Class C Beer Permit Appl. - Osco Drug, Inc., 120 E. College St. 554 248 Res. to Issue Cigarette Permits - see attached list 555 249 Res. Directing City Clerk to Republish Notice to Bidders and Fixing Time and Place for Receipt of Bids for Four Stormwater Projects in City 556 250 Res. Authorizing and Directing the Solicita- tion of Offers to Purchase Land for Private Redevelopment 557 251 Res. Establishing Fees for the Disposal of Solid Waste at the Iowa City Sanitary Landfill 558-560 252 Res. Authorizing the Mayor to Execute and the City Clerk to Certify an Agreement with University Heights 561 253 Res. Accepting the Work on the Washington St. Amenities Project 562-577 254 Res. Authorizing and Providing for the Issuance of $3,015,000 General Obligation Bonds and Levying a Rax to Pay Said Bonds 578 255 Res. Awarding Contract for the Construction of College/Dubuque Mall Sanitary and Storm Sewer Y 579 256 Res. Approving Class C Beer Permit Appl. - Hawkeye Dairy 7/26/77 Store, 701 E. Davenport 580 257 Res. Approving Class C Liquor Control License Appl. - George's Buffet, Inc., 312 Market 581 258 Res. Approving Class C Liquor Control License Appl. - Johnson County Post #2581 Veterans of Foreign Wars, 1012 S. Gilbert St. 582 259 Res. Approving Class C Liquor Control License Appl. - The Great American Saloon Co. dba/Maxwell's, 121 E. College St. 583 260 Res. Approving Class C Liquor Control License Appl. - Pzazz Entertainment, dba/The Fieldhouse, 111 E. College 584 261 Res. to Issue Dancing Permit - Pzazz Entertainment dba/The Fieldhouse, 111 E. College 585 262 Res. to Issue Dancing Permit - The Great American Saloon Co. dba/Maxwell's, 121 E. College 586-587 263 Res. to Issue Cigarette Permits - 77-108 thru 77-132 on attached list 588 264 Res. Accepting Paving and Storm Sewer in Sturgis Corner Add. - Metro Pavers Book 41 1977 Resolutions 266-283 Page Res. Res. Title Date 589-590 265 Res. Establishing Required Insurance Amounts and 7/26/7 Performance Deposits for Ordinance Regulating the Opening and Excavating of Public Places 591-592 266 Res. Approving Final Plat of Makada Subdivision 593 267 Res. Accepting the Work on Traffic Signal at Melrose and Woolf 594-595 268 Res. Rejecting Bid for the Jefferson/Market Signali- zation Program FAUS M-40-30 (1) -- 81-52, and Authorizing City Clerk to Readvertise for Bids 596-597 269 Res. Approving Plans, Specs., Form of Contract, and Estimate of Cost for the Construction of Mercer Park Balldiamond Lights 598-600 270 Res. Authorizing the Execution of a Second Amendment to a Contract Between the City of Iowa City and Zuchelli, Hunter & Associates, Inc. 601402 271 Resolution Calling for Requests for Tenders for Series 1961 and Series 1967 Water Revenue Bonds of the City of Iowa City 603 272 Res. of Approval of Class C Beer Permit Appl. 8/2/77 Voss Petroleum Co. of Iowa City Corp. dba/ Discount Dan's Shell, 933 S. Clinton 604 273 Res. of Approval of Class C Beer License Appl. Sunday Sales - Voss Petroleum Co. of Iowa City Corp. dba/Discount Dan's Shell, 933 So. Clinton 605 274 Res. of Approval of Class C Beer Permit Appl. John M. Kellogg dba/A & V Pizza Villa, 431 Kirkwood Ave. 606 275 Res. of Approval of Class C Beer License Appl. Sunday Sales - John M. Kellogg dba/A & V Pizza Villa, 431 Kirkwood Ave. 607 276 Res. of Approval of Class C Beer License Appl. Sunday Sales - Randall's International, Inc. dba/Randall's Discount Food, 1851 Lower Muscatine Rd. 608 277 Res. of Approval of Class C Beer License Appl. Sunday Sales - Krause Gentle Oil Corp. dba/ Sav-Mor Deep Rock Stationstore, 1104 S. Gilbert 609 278 Res. of Approval of Class C Beer License Appl. Sunday Sales - Hy -Vee Food Stores, Inc. dba/ Hy -Vee Food Store #1, 227 Kirkwood Ave. 610-611 279 Res. Approving Final Plat of Court Hill/Scott Blvd. Pt. V 612-613 280 Res. Approving Final Plat of Court Hill/Scott Blvd., Pt. VI 614-615 281 Res. Authorizing Execution of Agreement with the Chicago, Rock Island, and Pacific R.R. Co. 616 282 Res. Approving Plans, Specifications, Form of Contract, and Estimate of Cost for the Construc- tion of the Projects in the Architectural Barriers Contract Book 41 1977 Resolutions 283 - 300 Page Res. Res. Title Date 617 283 Res. Establishing Fees and Stands for Taxicabs 8/2/77 in Iowa City and Repealing Res. No. 877 618 284 Res. Establishing Fair Re -Use Value of Certain Urban Renewal Property (City -University Project I, Project Number Iowa R-14) 619 285 Res. of Approval of Class C Beer Permit Appl. - 8/9/77 Hy -Vee Food Stores, Inc. dba/Hy-Vee Food Store #1, 227 Kirkwood 620 286 Res. Approv. of Class C Beer License Appl. - Sunday Sales - Hy -Vee Foods Tores, Inc. dba/ Hy -Vee Food Store #1, 227 Kirkwood Ave. 621 287 Res. Approv. of Class C Beer License Appl. - Sunday Sales - Hawkeye Dairy, Inc./dba/Hawkeye Dairy Store, 701 E. Davenport St. 622 288 Res. Approv. of Class C Beer License Appl. - Drug Fair #2, 1030 Williams St. 623 289 Res. Approv. of Class C Beer License Appl. - Sunday Sales - Southland Corp. dba/7-Eleven Food Store #18048, 820 First Ave. 624 290 Res. Approv. Class C Beer License Appl. - Sunday Sales - Earle Norman Grueskin, partner in Dividend Bonded Gas, 302 S. Dubuque St. 625 291 Res. Approv. Class C Beer License Appl. - Sun. Sales - Hy -Vee Foods Stores, Inc. dba/Hy-Vee Food Store #2, 310 First Ave. 626 292 Res. Approv. Class C Beer License Appl. - Sun. Sales - John's Grocery, 401 E. Market St. 627 293 Res. Approv. Class C Beer License Appl. - Sun. Sales - John's Grocery, 401 E. Market St. 628 294 Res. Approv. Class C Beer License Appl. - Sun. Sales - Lucky Stores, Inc. dba/Eagle Discount Supermarket #157, 600 N. Dodge St. 629 295 Res. Approv. Class C Beer License Appl. - Sun. Sales - Lucky Stores, Inc. dba/Eagle Discount Supermarket #220, 1101 S. Riverside Dr. 630 296 Res. Approv. Class C Beer License Appl. - Sun. Sales - Lucky Stores, Inc. dba/May's Drug Store #198, 1101 S. Riverside Dr. 631 297 Res. Approv. Class C B-er License Appl. - Sun. Sales - QuikTrip Corp. dba/QuikTrip Store #509, 225 South Gilbert 632 298 Res. Approv. Class C Beer License Appl. - Sun. Sales - QuikTrip Corp. dba/Quik Trip Store #503, 123 W. Benton 633 299 Res. Approv. Class A Liquor Control License Appl. - Iowa City Lodge #1096, Loyal Order of Moose, 2910 Muscatine Ave. 634 300 Res. Approv. Class A Liquor License Appl. - Sun. Sales - Iowa City Lodge 1096, Loyal Order of Moose - 2910 Muscatine Ave. Book 41 1977 Resolutions 301 - 318 Page Res. Res. Title Date 635 301 Res. Approv. Class C Liquor Control License 8/9/77 Appl. - Cardan, Inc. dba/Joe's Place, 115 Iowa 636 302 Res. Approv. Class C Liquor Control License Appl. - Iowa River Pizza Company dba/Applegate's Landing, 1411 S. Gilbert 637 303 Res. Approv. Class C Liquor License Appl. - Sun. Park Ball Diamond Lighting 647-648 312 Sales - Iowa River Pizza Co. dba/Applegate's from the City of Iowa City Acting as Local Public Landing, 1411 S. Gilbert 638 304 Res. to Refund Beer Permit - Edwards, Grittner, 649 313 Res. Approving Class B Beer Permit Appl. - Fridays 8/16/77 & Hobbs dba/That Deli, 620 S. Dubuque St. 639 305 Res. to Issue Dancing Permit - Iowa City Lodge Woodson & Douglas K. Hendriks dba/The Sanctuary #1096 - Loyal order of Moose, 2910 Muscatine Restaurant, 405 S. Gilbert St. 651 315 (one year plus one quarter) 640 306 Res. to Issue Cigarette Permits (two) 641 307 Res. Accepting Prelim. Plat of Pepperwood Addn. 642 308 Res. Authorizing the City Clerk to Publish Notice #2, 310 N. First Ave. 653 317 to Bidders for the Architectural Barriers Contract 643-644 309 Res. Approv. the Final Auditor's Plat No. 32 Submitted by R. M. Boggs Co., Inc.; Business Development, Inc.; Capitol Propane Gas Co., Inc.; Drug Fair; L. L. Pelling Co. & Wolf Constr., Inc. 645 310 Res. Accepting Prelim. Plat of Hull's Country Estates Addn. 646 311 Res. Awarding Contract for the Contr. of Mercer Park Ball Diamond Lighting 647-648 312 Res. Authorizing the Transfer of Real Property from the City of Iowa City Acting as Local Public Agency to the City of Iowa City; and Authorizing the Transfer of Funds in Payment Therefore 649 313 Res. Approving Class B Beer Permit Appl. - Fridays 8/16/77 Corp. dba/T.G.I.Fridays, 11 S. Dubuque St. 650 314 Res. Approving Class B Beer Permit Appl. - Daryl C. Woodson & Douglas K. Hendriks dba/The Sanctuary Restaurant, 405 S. Gilbert St. 651 315 Res. of Approval of Class B Beer License Appl. - Sunday Sales - Daryl C. Woodson & Douglas K. Hendriks dba/The Sanctuary, 405 S. Gilbert 652 316 Res. of Approval of Class C Beer Permit Appl. Hy -Vee Food Stores, Inc. dba/Hy-Vee Food Store #2, 310 N. First Ave. 653 317 Res. of Approval of Class C Beer License Appl. - Sunday Sales - Hy -Vee Food Stores, Inc. dba/ Hy -Vee Food Store #2, 310 N. First Ave. 654 318 Res. of Approval of Class C Beer License Appl. - Sunday Sales - Walgreen Co. dba/Walgreens, 1646 Sycamore St. Book 41 1977 Resolutions 319 - 336 Page Res. Res. Title Date 655 319 Res. Approving Class C Liquor Control License 8/16/77 Appl. - Plamor Bowling, Inc., 1555 - lst Ave. 656 320 Res. of Approval of Class C Liquor License Appl. Sunday Sales - PlamorBowling, Inc., 1555 - 1st Ave. 657 321 Res. Approving Class C Liquor Control License Appl. - Bull Market, Inc. dba/Bull Market, 325 E. Washington St. 658 322 Res. Approving Class C Liquor License Appl. - Senor Pablos Ltd. dba/Senor Pablos, 830 - 1st. Ave. 659 323 Res. of Approv of Class C Liquor License Appl. - Sunday Sales - Senor Pablos Ltd. dba/Senor Pablos 830 - 1st Ave. 660 324 Res. Directing Acceptance of Water Bond Tenders 661-662 325 Res. Authorizing Housing Rehabilitation Grant Be Provided Throughout the CDBG Program Area 663 326 Res. of Commendation - Ralph O'Brien, 8/23/77 Cemetery Division, Parks & Rec. Dept. 664 327 Res. Approving Class B Beer Permit Appl. - 670 333 East Moline Pizza Hut, Inc. dba/Pizza Hut, 1921 Keokuk St. 665 328 Res. Approv. Class B Beer Sunday Sales Permit - East Moline Pizza Hut, Inc. dba/Pizza Hut, 1921 Keokuk St. 666 329 Res. Approv. Class C Beer Sunday Sales Permit - William B. Kron, Jr. dba/Bill's I-80 DX, 673 336 Route 2 667 330 Res. Approv. Class C Liquor Control License Appl. - Rugger -Burns Restaurants, Inc. dba/ Thrashers, 1515 Mall Dr. 668 331 Res. Approv. Class C Liquor License - Sunday Sales - Rugger -Burns Restaurants, Inc. dba/ Iowa Thrashers, 1515 Mall Drive 669 332 Res. to Refund Cigarette Permit - Central Vendors, Inc. dba/Nostalgia, Ltd, 22 So. Van Buren 670 333 Res. Accepting Preliminary Plat of Windsor Heights, 5th Addition 671 334 Res. Amending Salaries & Compensation for Classified Personnel, Res. #77-215, and Providing for Various Position Changes 672 335 Res. Establishing Certain Fees & Charges with Respect to the Administration of Taxicab Regulations 673 336 Res. Accepting Low Bid of J.F. Edwards Construction Co. of Geneseo, IL, & Authorizing Mayor to Sign the Contract for Construction of the Jefferson/Market Signalization Proj. FAUS # M-4030(1)--81-52 upon Concurrence of the Federal Hwy. Works Administration Book 41 1977 Resolutions 337 - 356 PAGE RES. RES. TITLE 674-684 337 Res. Authorizing Execution of Amendment to Sewer System Evaluation Survey Contract with Veenstra & Kimm 685-690 338 Res. Authorizing Execution of Contract (with Johnson Co. S.E.A.T.S for speci&lized transp.) 691 339 Res. Approving Class C Liquor License Appl. - Highlander Inn & Supper Club, Route 2 692 340 Res. Approving Class C Liquor License Appl. - Sunday Sales - Highlander Inn & Supper Club 693 341 Res. Approving Class C Liquor License Appl. - The Brown Bottle, 114 South Clinton 694 342 Res. Approving Class C Liquor License Appl. - Sunday Sales - The Brown Bottle 695 343 Res. to Refund Beer Permit - Silver Ball, Ltd., 529 South Gilbert 696 344 Res. to Issue Cigarette Permits (three) 697 345 Res. to Refund Cigarette Permit - Silver Ball, Ltd., 529 South Gilber 698 346 Res. to Issue Dancing Permit - Marquette Club, Knights of Columbus, 328 East Washington 699 347 Res. to Issue Dancing Permit - Highlander Inn & Supper Club 700-701 348 Res. Approving Final Plat of Hawkeye Heights (Merrell M. Johnson) 702-703 349 Res. Authorizing City Manager to Exercise Option to Purchase a Tract of Land Known as the Showers Property 704 350 Res. Accepting Preliminary Plat of BDI, 2nd Addn. 705-708 351 Res. Authorizing Execution of Agreements for Overwidth Paving - Plum Grove Acres (Court Hill - Scott Boulevard, Parts 3, 5, and 6) 709 352 Res. Accepting Sanitary Sewer & Paving in Orchard Court Subdivision 710-718 353 Res. Authorizing Execution of Contract with Veenstra & Kimm (River Corridor Trunk) 719 354 Res. Establishing Liability Insurance Limits with Respect to Taxicabs 720-722 355 Res. Proposing to Sell a Part of Ferson Ave. in Black's Park Addition to the City of Iowa City to Abutting Owners 723-724 356 Res. Amending the Design Standards for Public Works Improvements in Iowa City by the Inclusion of an Additional Section Pertaining to Erosion and Sedimentation Control Date 8/23/77 (cont. 8/30/77 Book 42 1977 Resolutions 357 - 375 PAGE RES. RES. TITLE DATE 725 357 Res. of Approval of Class C Beer Permit Appl. 9/6/77 QuikTrip Corp. #503, 123 West Benton 726 358 Res. of Approval of Class C Beer License Appl. Sunday Sales - QuikTrip #503, 123 W. Benton 727 359 Res. Approving Class C Liquor License Appl. - Robin Hood Room, Mall Shopping Center 728 360 Res. Approving class C Liquor License Appl. - Lazy Leopard Lounge, 122 Wright St. 729 361 Res. to issue Cigarette Permits 730 362 Res. Approving Class C Liquor Control License Appl. - Serendipity, 1310 Highland Ct. 731-732 363 Res. Annexing Certain Described Real Estate to the City of Iowa City (Barker property - 2.7 acres west of Hwy. 1 & Dane's Dairy) 733-741 364 Res. Approving Official Report of Municipality of Streets and Parking for FY 1977 742 365 Res. Authorizing City Manager to Consummate Pur- chase of Real Property Known as 126 S. Gilbert St., Iowa City (U Smash 'Em) 743 366 Res. Approving Class C Liquor Control License 9/13/77 Appl. - Ambrose, Inc. dba/Fox Hole, 1200 S. Gilbert Ct. 744 367 Res. Approving Class C Liquor Control License Appl. - James Lee Strabala dba/Deadwood Tavern, Bldg. M., Clinton St. Mall 745 368 Res. Approv. Class C Beer Sunday Sales Appl. - Cedar Falls Oil Co. dba/Holiday Stationstore, Highway 6 and Rocky Shore 746 369 Res. Awarding Contract for the Construction of Projects for the Architectural Barriers Contract 747 370 Res. Accepting Sanitary Sewer in Mt. Prospect Part III 748 371 Res. Setting Public Hearing on Plans, Specifica- tions, Form of Contract, and Estimate of Cost for the Construction of the Mormon Trek Blvd. Improvement Project FAUS No. M-4039(1) -81-82 749 372 Res. for Iowa -Iowa State Football Game 750 373 Res. Authorizing Mayor to Sign and City Clerk to Attest Contract for the Construction of Mercer Park Ball Diamond Lights 751-754 374 Res. Authorizing the Execution of an Agreement Be- tween the City of Iowa City and Iowa State Bank and Trust Co., Iowa City, IA, to Provide for Bookkeeping and Accounting Services for the Rehabilitation I Loan Program 755-757 375 Approving Final Plat of Wendram Bluff Sub- 9/20/77 division Book 42 1977 Resolutions 376 - 396 PAGE RES. RES. TITLE •DATE 758 376 Res. to Refund Cigarette Permit - Central Vendors, 9/20/77 Res. Approving Class C Beer Permit Appl. - Dale E. Inc. dba/V.F.W. #3949 759 377 Res. Directing Acquisition of R -O -W Scott Blvd. Appl. - Robert L. Anderson dba/Jimbo's Lounge, (between Hwy. 6 Bypass north to Rochester Ave.) 760 378 Res. Approving Plans, Specs. & Form of Contract Res. to Issue Cigarette Permit - Central Vendors, for the Mormon Trek Blvd. Improvement Project 770-775 386 FAUS M-4039(1)--81-52 761 379 Res. Awarding Contract for the Constr. of Four Storm Water Management Projects in Ralston Creek 762 380 Res. Authorizing the Acceptance of an Option to Extend Time for a Lease of Certain Premises by Union Bus Depot of Iowa City 763-764 381 Res. Correcing Previous Res. of the City Council dated July 18, 1962, Concerning the Plat Property of Max Yocum Located Adjacent to What Was Then the North Corporate Limits of the City of Iowa City and West of Old Highway #218 765 382 Res. Approving Class B Beer Permit Appl. - Ken's 9/27/77 Pizza Parlor, 1950 Lower Muscatine 766 383 Res. Approving Class B Beer Sunday Sales Permit Ken's Pizza Parlor, 1950 Lower Muscatine 767 384 Res. Approving Class C Beer Permit Appl. - Dale E. Watt dba/Watt's Food Market, 1603 Muscatine Ave. 768 385 Res. Approving Class C Liquor Control License Appl. - Robert L. Anderson dba/Jimbo's Lounge, 1210 Highland Court 769 385A Res. to Issue Cigarette Permit - Central Vendors, dba/Serendipity Lounge, 1320 Highland Ct. 770-775 386 Res. Releasing the Melrose Corp. from Certain Terms of a Subdivision Agreement Upon the Deposit of Escrow Monies 776-777 387 Res. Accepting the Work on the FY78 Landfill Exca- vation Project 778 388 Res. of Commendation - Wallace Carlson - 10 -yr. 10/4/77 service pin 779 389 Res. to Issue Cigarette Permits 780 390 Res. to Refund Cigarette Permit - Valentino's 781 391 Res. to Refund Cigarette Permit - Serendipity Pub 782-783 392 Res. Designating Preferred Redevelopers for Re- development Parcels in the Downtown Urban Renewal Project 784-785 393 Res. Approving Final Plat of Sturgis Corner Add., Part II (Southgate Development Co., Inc.) 786-787 394 Res. Regarding Epstein's Book Company, Inc. 788 395 Res. Authorizing Temporary Free Parking on Blocks 83 and 84 on Designated Saturdays 789 396 fRes. Adopting a Skewer Treatment Plant Side Identi- ThedIowatCetyN�asteSWa era reatmentePlantation for Book 42 1977 Resolutions 397 - 415 PAGE RES. RES. TITLE DATE 790-792 397 Res. Authorizing Joint Agreement Between the 10/4/77 Iowa City Library Board of Trustees and the Council of the City of Iowa City to Coordinate Negotiating Procedures for Purposes of Collective Bargaining 793 398 Res. to Refund a Portion of Class C Liquor License 10/11/77 Fee - Emily K. Starbuck 794-795 399 Res. to Approve the Final Plat of Pepperwood Add. Part I 796-797 400 Res. to Approve the Final Plat of Pepperwood Add. Part II 798-799 401 Res. Authorizing the Mayor to Execute an Application for a State Transit Assistance Capital and Operat- ing Grant from the Iowa State Department of Trans- portation 800-801 402 Res. to Amend the Personnel Rules and Regulations Manual of the City of Iowa City to Provide a Broader Policy Statement for the Recovery and Reha- bilitation Program for Municipal Employees 801A 403 Res. Approval of Class C Beer Permit Appl. - Inland 10/18/77 Transport Co. dba/Kirkwood 76, 300 Kirkwood Ave. 802 404 Res. of Approval of Class C Beer License, Sunday Sales - Inland Transport Co. dba/Kirkwood 76, 300 Kirkwood Ave. 803 405 Res. to Refund a Portion of Class C Liquor License Fee - Serendipity Pub 804 406 Res. Approving Class C Liquor Control License Appl. - Richard J. Bartholomew dba/Bart's Place, 826 S. Clinton 805 407 Res. to Issue Cigarette Permits - Richard J. Bar- Publish Notice of Intent to Accept Proposals to tholomew dba/Bart's Place, 826 S. Clinton 806 408 Res. Authorizing City Manager to Purchase Property Property 815 from Iowa City Catholic High School, Inc. (Regina High School), and Floodway Easements from Other 413 Res. Accepting the Work for the College/Dubuque Adjacent Property Owners 807-809 409 Res. Approving Final Plat of Village Green South 810-811 410 Res. Amending Pay Range for Classified Personnel, Res. No. 77-215 for Confidential Employees 812-814 411 Res. Authorizing and Directing the City Clerk to Publish Notice of Intent to Accept Proposals to Purchase and Redevelop Certain Urban Renewal Property 815 412 Res. Accepting the Work Performed by L. L. Pelling Co. for FY78 Asphalt Resurfacing Project 816-817 413 Res. Accepting the Work for the College/Dubuque Mall Storm & Sanitary Sewer Project 818 414 Res. Accepting the Materials Supplied Under the Con- tract for Furnishing of Equipment for the Jefferson - Market Signalization Project 819 415 Res. Accepting Paving and Storm Sewer Improvements for a Portion of Braverman Center Addition Book 42 1977 Resolutions 416 - 434 PAGE 820 821 822 823 824 825 -826 827-829 830 831 832 833 834 835-836 837-838 839 840-842 843 844 845-846 RES. RES. TITLE Sales - Drug Fair #2, 2425 Muscatine Ave. DATE 416 Res. Approving Class B Beer Permit Application 10/25/77 Iowa City Maid -Rite, 630 Iowa Ave. 417 Res. of Approval of Class B Beer License Appl. - 423 Sunday Sales - Iowa City Maid -Rite, 630 Iowa Ave. 418 Res. of Approval of Class C Beer Permit Appl. - Drug Fair, Inc. dba/Drug Fair #2, 2425 Muscatine 419 Res. Approv. Class B Beer License Appl. - Sunday Sales - Drug Fair #2, 2425 Muscatine Ave. 420 Res. to Refund Cigarette Permit - Central Vendors dba/Towncrest Texaco, 2303 Muscatine 421 Res. Approving Prelim. and Final Large Scale Non -Residential Development for Lot 3 of Auditor's Plat, No. 32 422 Res. to Approve the Prelim. Large Scale Non -Resi- dential Plan and Prelim. Plat Submitted by Hyvee Food Stores, Inc. 423 Res. Authorizing Execution of Contract for the Newspaper Recycling Project 424 Res. Accepting Sanitary Sewer for Old Farm Apart- ment Lot, Village Green, Part VI 425 Res. of Approval of Class C Beer Permit Appl. Earle Norman Grueskin (partner) dba/Dividend Bonded Gas, 302 South Dubuque St. 426 Res. Approval of Class C Beer License Appl. - Sunday Sales - Dividend Bonded Gas 427 Res. Accepting Storm Water and Paving for Hawkeye Heights 428 Res. Establishing Fair Re -Use Value of Certain Urban Renewal Property 429 Res. Establishing Certain Policies and Rules Pertaining to Oiling of Dirt and Gravel Streets Within the City of Iowa City and Designating Certain Streets or Sections Thereof for Oiling 430 Res Authorizing Mayor to Sign and City Clerk to Attest Contract for the Constr. of Mormon Trek Improvement Project-FAUS No. M-4039 (1) --81-52 431 Res. Authorizing the Mayor to Execute Contracts in the Iowa City Area with the Rape Victim Advocacy Program 432 Res. Approv. Class C Beer Permit Appl. - Drug Fair #4, 2425 Muscatine Ave. 433 Res. Approv. Class C Beer Sunday Sales Appl. - Drug Fair #4, 2425 Muscatine Ave. 11/1,/77 11/8/77 434 Res. Proposing to Sell Portion of Vacated Alley Located in Block 9, County Seat Add. to City of Iowa City. (This alley is located between Dubuque and Linn Sts. on the No. Side of Prentiss.) e 1977 Resolutions 435 - 438 PAGE RES. RES. TITLE DATE 847-849 435 'zc,,OkFAizing Sale of a Part of Fe 11/8/77 I, 79-101 in Black's Par � a City Sg_Abu J g finers 850-852 436 Res. Authorizing and Directing the City Clerk to Publish Notice of Intent to Accept a Proposal to Purchase and Redevelop Certain Urban Renewal Property 853-854 437 Res. Establishing Risk Management Policy for the City of Iowa City 855-860 438 Res. Amending Contract for Municipal Financial Advisory Services - Paul D. Speer & Assoc. Book 43 1977 Resolutions 439 - 458 PAGE RES. RES. TITLE DATE 1 439 Res. of Approval of Class C Beer for Tom Harney 11/22/77 Oil Co. dba/Downtown Conoco, 105 E. Burlington 2 440 Res. of Approval of Class C Beer Sunday Sales for T. Harney Oil Co. dba/Downtown Conoco, 105 E. Burl. 3 441 Res. Approving Class C Liquor for Terry O'Brien & Jay Rarick dba/The Vine, 529 S. Gilbert 4 442 Res. Approving Class C Liquor for Walter Poggenpohl dba/Walt's, 928 Maiden Lane. 5 443 Res. to Issue Cigarette Permits. 6 444 Res. Approving Class C Liquor for The Waterfront, Inc. dba/The Waterfront Lounge, 21 W. Benton St. 7-8 445 Res. Approving Final Plat & Large Scale Residential Dev. Plats of Ty'N Cae Pts. 1 & 2 9-10 446 Res. Approving Prel. Design Plans for Redevelop- ment on Urban Renewal Parcels 93-1/101-2 11-12 447 Res. Approving Prel. & Final LSRD for Pentacrest Garden Court Apts. 13-14 448 Res. Author. Sale of Urban Renewal Property - Parcel 81-1 to Richard Pieper 15-16 449 Res. Author. Sale of Urban Renewal Property - Parcel 82-1a to the College Block Partners 17-18 450 Res. Author. Sale of Urban Renewal Property - Parcels 93-1/101-2 to Pentacrest Garden Apts. 19-20 451 Res. Author. Sale of Urban Renewal Property - Parcel 93-2 to Ervin Lovetinsky 21-22 452 Res. Author. Sale of Urban Renewal Property - Parcel 101-1 to Perpetual Say. & Loan Assoc. 23-24 453 Res. Author. Sale of Urban Renewal Property - Parcel 102-1 to Mod Pod, Inc. 25-26 454 Res. Author. Sale of Urban Renewal Property - Parcels.102-3/102-4 to 1st Federal Say. & Loan. 27 455 Res. Accepting Preliminary Plat of Northridge Subdivision 456 VOIDED - number not used 28 457 Res. Disposing of Vacated Portion of Alley 29 458 Res. Accepting Sanitary Sewer for Court Hill - Scott Blvd., Pts. 5 & 6 I Book 44 1977 Resolutions 459 - 477 PAGE RES. # RES. TITLE DATE 1 459 Resolution of Sympathy and Commendation - 12/6/77 George J. Turecek 2 460 Res. of Approval of Class C Beer Permit Appl. - Randall Foods, 1851 Lower Muscatine Road 3 461 Res. of Approval of Class C Beer Permit Appl. - Sunday Sales - Randall Foods, 1851 Lower Muscatine Road 4 462 Res. Approving Class C Liquor Control License Appl. - First Avenue Lounge of Iowa City dba/The Annex, 819 First Ave. 5 463 Res. Authorizing the City Clerk to Set a Public Hearing on Whether a Beer and Liquor License Issued to Pzazz Entertainment, Ltd. d/b/a The Fieldhouse, Should be Revoked or Suspended for Violations of -A/et AC�pted State Liquor Regulations /�eenspc�o+ea izl zoh7 6-13 464 Res. to Request Financial Settlement of Urban Renewal Project IOWA R-14 14-16 465 Res. Approving and Providing for the Execution of a Third Amendatory Contract Amending Loan and Capital Grant Contract No. IOWA R-14 by and Between the City of Iowa City and the United States of America 17 466 Res. Accepting Prel. Plat for Lyn -Den Heights 18-19 467 Res. of Commendation for Ms. Sharon Bonney 12/13/77 20 468 Res. of Approval of Class C Beer Permit Appl. - Needs, 18 South Clinton 21 469 Res. Accepting Storm Sewer, Paving & Inlets for Mt. Prospect Addn. III 22 470 Res. Accepting Prelim. Plat for Large Scale Residen- tial Development Plan of Benton Manor Apartments 23 471 Res. Accepting Prel. Plat of Barket's First Addn. 24-26 472 Res. Authorizing Amendment to Contract for Bridge Design with Shive-Hattery & Assoc. 27 473 Res. to Issue Cigarette Permits 12/20/77 28 474 Res. Approving Class C Liquor Control License Appl. for The Shamrock, 525 South Gilbert 29 475 Res. Approving Class B Beer Permit Appl. - Big 10 Inn & Hamburg Inns, Inc. dba/Hamburg Inn #1, 119 Iowa Ave. 30 476 Res. Approval of Class B Beer Sunday Sales Permit Appl. - Big 10 Inn & Hamburg Inns, Inc. dba/Hamburg Inn #1, 119 Iowa Ave. 31 477 Res. of Approval of Class C Beer Permit Appl. - Southland Corp. dba/7-Eleven Food Store #18048, 820 1st Ave. Book 44 1977 Resolutions 478 - 482 PAGE RES. # RES. TITLE DATE 32 478 Res. of Approval of Class C Liquor License 12/20/77 Appl., Sunday Sales - Southland Corp. dba/ 7 -Eleven Food Sotre #18048, 820 1st Ave. 33 479 Res. Authorizing City Clerk to Publish Notice of Public Hearing Concerning the Proposed Construction of a Bridge at Court and Muscatine 34 480 Res. Authorizing the Mayor to Sign and the City Clerk to Certify an Agreement with Iowa Depart- ment of Transportation So As to Receive Funding Under the State Transit Assistance Program 35-36 481 Res. Authorizing the Sale of Urban Renewal Property (Old Capitol - Parcel 102-2) 37 482 Res. of Commendation for Press -Citizen Reporter, Mark Rohner RES0LUTION NO. 77-1 RESOLUTION OF APPROVAL OF CLASS "C" BEER PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class "C" Beer Permit Application is hereby approved for the following named per- son or persons at the following described locations: Southland Corp. dba/ 7-11 Food Stores, 820 First Avenue Said approval shall be subject to any conditions or restrictions hereafter Imposed by ordinance or state law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the Same together with the license fee, surety bond and all other information or documents required to the Iowa Beer and Liquor Control Dpyartment. It was moved by Balmer and seconded by Foster that the Resolution as read be adopted, and upon roll call there were: Balmer deProsse Foster Neu auser erret Selzer evera AYES: NAYS: ABSENT: 4th January 77 Passed this day o! . 19 RF-S01.UCIaN NO. 77-2 RFSOLUPION AUNIORIZING M[:MAER.S OF T10,: CITY COUNCIL AND ADMINISTRATIVE STAFF OF T11E CI'PY OF ION7\ CITY, IOWA, TO PARTICIPATE AS NON-VOTING IN1EMBERS IN THE IOWA CITY CHAMBER OF COMMERCE. WHEREAS, the Iowa City Chamber of Commerce is a community sponsored non- profit corporation, duly organized under the laws and statutes of the State of Iowa, whose purpose is the furtherance of the public welfare and economic growth of the City of Iowa City, Iowa, and WHEREAS, the City Council of the City of Iowa City, Iowa, deems it in the public interest for Council members and administrative staff of the City to participate in the Chamber of Commerce as non-voting members as part of a continuing effort on part of the City Council to be more responsive to the various interests and residents of the City of Iowa City, Io,Ta, and WHEREAS, in lieu of paying membership dues and other fees, the City Council and Iowa City Chamber of Commerce have agreed that the City of Iowa City, Iowa, shall cause to be provided to the Chamber of Commerce various documents, papers, maps and other similar informational material for distribution by the Chamber oe Commerce to the general public. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that members of the City Council and administrative staff are hereby authorized to participate as non-voting members in the Iowa City Chamber of Commerce. It was moved by Selzer and seconded by Balmer that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x deProsse x Foster x Neuhauser x Perret x Selzer x Vevera Passed and approved this 4th day of January , 19 77 Mayor 1 � • ATTEST: I city Clerk j RECUTET & EF?i:'1 BY THE LEGA D,2?; Ilzc.2 147 S� Y- ' /"c', ! RESOLUTION NO. 77-3 A RESOLUTION APPROVING AUDITOR'S PLAT NO. 32 SUBMITTED BY R. M. BOGS, CO., INC.; BUSINESS DEVELOPMENT, INC.; CAPITOL PROPANE GAS CO.., INC.; DRUG FAIR; L. L. PELTING CO. AND WOLF CONSTRUCTION, INC. WHEREAS, the City of Iowa City, Iowa, is authorized to approve auditor's plats pursuant to the provisions of Chapter 409 of the Code of Iowa, 1975, as amended by the Sixty-sixth General Assembly, 1976 Session, and WHEREAS, R. M. Boggs, Co., Inc.; Business Development; Inc.; Capitol Propane Gas Cody, Inc.; Drug Fair; L. L. Pelling Co. and Wolf Construction, Inc., are owners of certain real estate more particularly described in the attached Auditor's Plat No. 32 and by this reference made a part hereof, and WHEREAS, such owners own certain and distinct portions of the above- described real estate, and WHEREAS, Chapter 441 of the Code of Iowa, 1975, as amended by the Sixty- sixth General Assembly, 1976 Session, makes it obligatory upon the county auditor, whenever in his/her judgment the descriptions of one or more of the different parts or parcels of real estate cannot be made sufficiently certain and accurate for the purposes of assessment and taxation without noting the metes and bounds of the sane, to require the owners to execute and file a plat, and WHEREAS, pursuant to Chapter 441 of the Code of Iowa, the above owners have executed an auditor's plat, and WHEREAS, the above owners and the City of Iowa City, Iowa, have agreed to the following: a. That building permits will be issued for Lots 1, 2, 3, 4, 5, and 7 of Auditor's Plat No. 32, subject to ccmplianoe with Ordinance No. 2527 as amP.nded (Chapter 9.52 of the Municipal Code of the City of Iowa City, Iowp) and all other applicable ordinances and laws. b. That prior to any change in lot configuration of Lots 1, 2, 3, 4, 5, and 7 of said auditor's plat, such proposal must be submitted to the Planning and Zoning Commission for review as to compliance with the provisions of Chapter 409 of the Code of Iowa, and other applicable municipal and state laws. c. That prior to any of the following: 1. subdivision of Lot 6 of said plat into two (2) or more parts, 2. change in lot configuration of Lot 6 of said plat, the above owners shall submit a subdivision plat of Lot 6 of Auditor's Plat No. 32 which conforms to the requirements of Chapter 409 of the Code of Iowa and all applicable municipal and state laws. v Res. #77-3 -2- WHEREAS, the City Council having been appraised of the above deems it in the public interest to approve said auditor's plat. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the auditor's plat executed by the aforementioned owners be approved by the City Council of the City of Iowa City, Iowa. It was moved by Balmer and seconded by Vevera that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Balmer X deProsse X Foster X Neuhauser X Perret X Selzer X Vevera Passed and approved this 4th day of January , lg 77 ATTEST: ( Mayor City Clerk RECEIVED X APPROVED BX TEE LEGAL DP.PART,—".IT J�1 s , q 1-1 z'k. y I LL 6T 1--777u—er io dvp x x x x x x =SN3SH1i �31[1iH =SS7[Y aPTT SM P•e.od E=anaA zazTas - a.zzad aesnugnaN za}soa assoadap -x9mTEg :axan 0281; TTgo '[Tox uodn pun 'p"dopv eq pvgx Sg UOT4nToaag agP 3vg3=ZTaS dq papuoaaa puv XauTag dq Pa:oe OVA qi •quacWsgdda Tos;uoO xonbT7 Puv saao vmoi eg; o3 poxTnbex s4manoop so uoTavmxo;uT xvq;o TTv pug puoq dgosns 'ea; aeuaOTT ag; g;Tn x0gg860; MPS eq; pxvaxo3 pun UOT;voTTddv eq; uodn paexopus aq oq Tvaosddg xo; uoTggpuQ=OOOx v eenvo TTnie KxgTO ATO egy •wgT 94r4g xo gounuTpxo dq PosodmT xaq;vaxaq suojgoTxgeax so euoT}jpuoo Aug oq 4zs�gns eq TTvg9 Tvnoxddv pjvS 'qS gsagTTO *OS SZZ '60S# dTaj xzna /eqp •daoD dixy xTno :guoT;gooT pggfxorgp SupsoTTO; gg; yg Suogxgd so uoe -sad p20eu 6UTAOTTo; egq xo; Pgeoxddv dgSsgq •T uoTgvDTlddg aTarxgd logo „O„ sevTO g gv44 'KMOI 'XZIJ VA0I a0 al=03 xSIO 3HS xo a3A70SU sI 38 NOISKJIZdaY ,Liwiad u3zo „O„ sm.5 a0 ' "ouddK a0 m31m Iom LG -7-v b -LL "OX NOXLrfIOS38 .;,v RESOLUTION NO. 7-7 77 ,77-3 RESOLUTION PROPOSING TO SELL AND CONVEY CERTAIN CITY PROPERTY TO THE STATE OF IOWA FOR RIGHT-OF-WAY FOR U.S. HIGHWAY NO. 218, AND SETTING PUBLIC HEARING THEREON. WHEREAS, the Council of the City of Iowa City, Iowa, by authority of Resolution 71-251, dated July 6, 1971, entered into an agreement with the Iowa State Highway Commission for the reconstruction of Primary Road No. U.S. 218, from the south corporation line northerly to near the southerly intersec- tion of U.S. No. 6 and Iowa No. 1, within the City, and WHEREAS, the road construction work called for in the contract was completed in 1974, and WHEREAS, the parties have never performed their obligations under the contract with respect to the conveyancing of land and the payment of amounts owed, and WHEREAS, .the Federal Aviation Administration has approved the proposed sale and conveyance of the property described below on the condition established by state law, federal regulation, and by contracts relating to the airport between the United States of America and the City, that all moneys received by the City will be deposited to the credit of the airport commission, and WHEREAS; satisfactory arrangements have been made with the United States Army Reserve to modify the property description in their lease, which modification is necessary because of the highway construction. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF TETE CITY OF IOWA CITY, IOWA: 1. That the Council proposes to sell and convey the following described real property to the State of Iowa for purposes of widening the right-of-way of Primary Road U.S. No. 218: A parcel of land located in Sec. 15, Sec. 21 and Sec. 22, all in T79N, R6W of the 5th P.M., unplatted in the City of Iowa City, Johnson County, Iowa, lying on both sides of part of the following described centerline of Primary Road No. U.S. 218 Relocation, as shown on Right of Way Plat Exhibit "A" attached hereto and by reference made a part hereof. The centerline, designated by station points 100 feet apart, numbered consecutively from southwest to north, said numbers being adjusted at Sta. 472+41.2 (Back) to equal Sta. 472+73.0 (Ahead), is described as follows: Beginning at Sta. 446+56.8, a point 766.0 ft. South of the E 1/4 Corner of said Sec. 21 on the east line of the SE 1/4 thereof, thence N45°20 1/2'E, 254.9 ft. to Sta. 449+11.7, thence northerl 933.5 ft. along a 1,145.9 ft. radius curve, concave westerly and tangent to the preceding and following courses to Sta. 458+45.3, thence N1°20'W, 889.3 ft. to Sta. 467+34.6, thence northerly 506.6 ft. along a 1,909.9 ft, radius curve, concave westerly and tangent to the preceding and following courses, to Sta. 472+41.2, which equals Ste. 472+73.0, thence N16°32'W, 138.7 ft. to Sta. 474+11.7, thence northerly 394.2 ft. along a 1,909.9 ft, radius curve, concave easterly and tangent to the preceding and following courses to Sta. 478+05.9, thence N4°42 1/2'W, 316.7 ft. -co Sta. 481+22.6, a point N88030 1/2'E, 273.7 ft. and S4°42 1/21E, 172.4 ft. from the h14 Corner of said Sec. 22, thence northerly 705.4 ft. along a 4,297.2 ft. radius curve, concave westerly and tangent to the preceding and following courses, to Sta'. 488+28.0, thence N14"07'W, 661.7 ft. to Sta. 494+89.7, thence northerly 329.3 !J i J�L3 RESOLUTION NO. 77-6 BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class B Beer Sunday Sales Permit application is hereby approved orr e�3 ollowing named person or persons at the following described location: William N. Edwards, Jr., Kim Grittner & Sherri J. Hobbs dba/ That Deli, 620 South Dubuque St. Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance of state law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, bond, and all other information or docu- ments required to the Iowa Beer and Liquor Control Department. It was moved by Balmer and seconded by Selzer that the Resolution as read e a op e , and upon roll call there were: AYES: NAYS: ABSENT: Balmer x deProsse x Foster x Neuhauser x Perret x Selzer x Vevera x Passed this 11th day of January 0 �9 77 77 - RESOLUTION NO. 77 --'7 RESOLUTION APPROVING CLASS "B" BEER PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class "B" Beer Permit Application is hereby approved for the following named person or persons at the following described location: William N. Edwards Jr., Kim Grittner & Sherri J. Hobbs dba/ That Deli, 620 South Dubuque St. Said approval shall be subject to any conditions or re- strictions hereafter imposed by ordinance or State law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by Balmer and seconded by Selzer that the Resolution as re— a3 -Fe adopted, and upon roll all there were: AYES: NAYS: ABSENT: Balmer x deProsse x Foster x Neuhauser x Perret x Selzer x Vevera x Passed and approved this 11th day of January 19 77 . _ IN Res. 77-7 -2- ft. along a 1,4–...4 ft. radius curve, concave easterly and tangent to the precedin and following courses, to Sta. 498+19.0, thence NO -56 1/21W, 281.0 ft. to Sta. 501+00. Also, beginning at said Sta. 446+56.8, thence S45'20 1/2'W, 137.2 ft. to Sta. 445+19.6, thence Southerly 719.6 ft. along a 2,878.9 ft. radius curve, concav( easterly and tangent to the preceding course to Sta. 438+00. Note: The east line of the SE 1/4 of said Sec. 21 is assumed to bear North and South. THE FEE SIMPLE TITLE GRANTED IS TO ACCESS RIGHTS DESCRIBED AS FOLLOWS: All rights of direct access between Relocated Primary Road No. U.S. 218 and the grantors remaining property abutting thereon from.Sta. 439+05+ (Property Line) to Sta. 488+25+ (Property Line), west side and from Sta. 469+19+ (Property Line) to Sta. 500+68+ (Property Line), east side, reserving to grantor the right of access to Relocated Primary Road No. U.S. 218 at Sta. 438+36, Sta. 450+33, Sta. 453+80, Sta. 467+30, Sta. 474+75, on west side, and at Sta. 490+75, Sta. 497+16, on the east side, and Sta. 482+00, on both sides. THE EASEMENT RIGHTS, FOR HIGHWAY PURPOSES, GRANTED IS TO LAND DESCRIBED AS FOLLOSJS: Beginning at a point 70 ft. radially distant northwesterly from the above described centerline on the south line of the NE 1/4 SE 1/4 of said Sec. 21, thence concentric With centerline to a point 70 ft. radially distant northwesterly from Sta. 444+50, the to a point'100 ft. normally distant northwesterly from Sta. 446+00, thence parallel to or concentric with centerline to a point 100 ft. normally distant westerly from Sta. 458+45.3, thence to a point 35.5 ft. normally distant westerly from Sta. 462+00, thence concentric with or parallel to centerline to a point 35.5 ft, radially distant westerly from centerline on the south line of the North 772.6 Feet of the SW 1/4 SW 1/4 of said Sec. 15, thence easterly along the south line of said North 772.6 Feet to the centerline of Present Primary Road No. U.S. ,1.S, thence northerly along said centerline to the southerly right of way line cf Primary Road No. U.S. 6 extended west, thence easterly along said southerly right of way line extended, to the easterly right of way line of Present Primarj. Road No. U.S. 218, thence southerly along'said easterly right of way line to ai point ro—.ally distant easterly from Sta. 490+84, thence to a point 35.5 ft. nor&ally distant easterly from Sta. 490+84, thence concentric with or parallel to centerline of Primary Road No. U.S. 218 Relocation to a point 35.5 ft. radially distant easterly 'from Sta. 478+05.9, thence to a point normally distant easterly from Sta. 477+20.9 on the easterly right of way line of Present Primary Road No. U.S. 218, thence southerly along said easterly right of way line to the south line of the M1 1/4 A'Sd 1/4 of said Sec. 22, thence westerly along said south line to the centerline of Present Primary Road No. U.S. 218, thence southerly and southwesterly along said centerline to the south line of the NE 1/4 SE 1/4 of said Sec. 21, thence westerly along the south line of said NE 1/4 SE 1/4 to a point -70 --ft,, radially distant northwesterly from centerline of Primary Road No. U.S. 218 Relocation, the Point of Beginning. Said Marcel contains 4.8 acres, more or less, exclusive of the present established road. 2. That all moneys received from the conveyance of said property shall be deposited to the credit of the Iowa City Airport Commission. 3. That a resolution to sell and convey the said real estate will come up for public hearing before the Council of the City of Iowa City, Iowa, on the 0 Res. 77-7 -3- 75th day of January , 1977, at 7:30 P.M., in the Council Chambers at the Civic Center, 410 E. Washington St., Iowa City, Iowa. 4. That the City Clerk is authorized and directed to publish notice of the public hearing according to the terms of 362.3, 1975 Code of Iowa. It was mored by Balmer and seconded by Selzer that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: K.4 Ba]irer x 0 deProsse x Foster x Neuhauser x Perret x Selzer x Vevera Passed and approved this 11th day of January , 1977. 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E°0 nOnnN W W,.,.lAtlN ari'� zf/7z. ¢7�ri3'Ej5.5 \\ i P. Sf°' R°/9099' BJP+•° i° T=254 8. Pfrl';;y�n �; JOLG' P.C. 51a. 4L 7r3a.G L . .. = 3774 ` ,2=/909.9• C17- >- O� ° IOw,a Cl 7- Sfo. aL2r oo 8H93' ¢3s.s• W/V r r ' P.T. s/o.4SBr AJ3 ¢`/0iiin. •ed el .5. 2/6 .Pc%. ,0- i T. 494.•¢' , .¢Pieaent , L= 933.5' E%Ce/ 1 Pri..i.4J Z/,o TA.e/NG o L- 933.9' SEG: 45- SSWSW p \0 R./i6J9' j ,f W-5W aZAc. } _ SEG. Z2 c //W/VW 0.4 i R- 4P . o� _ M4S Z0%'E ' /VWSW Z.Z 2 R,� NESE 254.g.• SEG. 2/ o A/wSw I NE SB 08- - Sfo 444CAse8 'i T0,14[ 4.8Ac. L . 7i9 c • ro.. 7LL.0' J of E%<Coe sec 2/ 1 .,• Rr 2D7B 9' 0 545.20%t W �3Z 2' T+ �- Sfq.'1?39ro5! pyo• :o O•/•59%' R°2D7B9' Sta. oAtt omwn rur[o 71E.117Z ecaENX /coca_ � ij J� RESOLUTION NO. 77-8 7� RESOLUTION PROPOSING TO AMEND LEASE OF PORTION OF IOWA CITY MUNICIPAL AIRPORT TO UNITED STATES OF AMERICA FOR THE U.S. ARMY RESERVE TRAINING CENTER, AND SETTING PUBLIC HEAR- ING THEREON. WHEREAS, the City of Iowa City, Iowa, [hereinafter the City], and the United States of America [hereinafter the Government] have entered into a long- term lease, and Supplemental Agreement No. 1, for a portion of the Iowa City Municipal Airport for use as a U.S. Army Reserve Training Center, and WHEREAS, the City and the Government desire that a 45 foot by 155 foot strip of land adjoining the leased area be used as an access road to the training center, M'fi M WHEREAS, the legal description of the said land proposed to be used as an access road can be found on page one (1) of Supplemental Agreement No. 2, a copy of which proposed agreement is attached to this resolution as "Exhibit A," and by this reference made a part hereof, and VMREAS, the City proposes to amend its lease with the Government to allow the Government a 45 foot by 155 foot strip of land for an access road to the Army Reserve Training Center, and WHEREAS, the provisions of Chapter 364.7, 1975 Code of Iowa,,require that a public hearing on the proposed lease amendment be held. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOVa CITY, IOWA: 1. That the Mayor is hereby authorized to sign, and the City Clerk to attest, this resolution. 2. That a public hearing be held on the proposed lease amendment on the 25th day of January , 1977, at 7:30 P.M. in the Council Chambers at the Civic Center, 410 E. Washington St., Iowa City, Johnson County, Iowa, 52240. 3. That the City Clerk is authorized and directed to place on file at her office, during normal business hours, a copy of the proposed Supplemental Agree - /—I— Res. 77-8 -2- ment No. 2, the original lease, Suppleirental Agreenent No. 1, and a diagram showing the location of the Army Reserve Training Center and the proposed access road. Persons having questions concerning this proposed lease amendment may contact Robert H. Bowlin, Assistant City Attorney, Civic Center, 410 E. Washington Street, Iowa City, Iowa, 52240. Telephone number 319/354-1800, ext. 209. It was moved by Balmer and seconded by Selzer that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x deProsse x Foster x Neuhauser x Perret x Selzer x Vevera Passed and approved this 11th day of January 1977, n dAJ MAYOR ATTESiT: CITY ClEdo RECEIVED & APPROVED BY THE LEGAL D PAR -HENT l 7-7 12 _ J RESOLUTION NO. 7 7-99 _ '77-17 RBSOLUTION AUTHORIZING CITY CLERK TO PUBLISH NOTICE OF "LOCATION AND DESIGN APPROVAL REQUEST" FOR TEE MARKET/JEFFERSON SI i' T IZATION PROTECT WHEREAS, it is required by the State regulations for Federal Aid to Urban Svstems Proiects that the City publish notice of the Iowa Department of Transportation's request for a "Location and Design Approval" for the Market/Jefferson Signalization project from the Federal Highway Administration. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IONA: 1. That the City Clerk is authorized to publish notice of "Location and. Design Approval Request" for the Market/Jefferson Signalization Project Number M-4030 (1) -- 81-52. It was roved by dePKosse and seconded by Balmer that the Resolution as read be adopted, and upon roll.call there were: AYES: NAYS: ABSENT: x Balmer x deProsse x Foster x Neuhauser x Perret x Selzer x Vevera Passed and approved this 11th day of January r 19 77 G �iI�Ra L=� gal ,Macxro;mr ant4 /�Ci Cler 9,: RESOLUTION NO. 77-10 RESOLUTION APPROVING CLASS "B" BEER PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class "B" Beer Permit Application is hereby approved for the following named person or persons at the following described location: Bushnell's Turtle, Inc. dba/Bushnell's Turtle, Inc., Clinton St. Mall Said approval shall be subject to any conditions or re- strictions hereafter imposed by ordinance or State law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by Balmer and seconded by Perret that the Resolution as re�ac —e adopted, and upon roll call there were: AYES: NAYS: ABSENT: Balmer x deProsse x Foster x Neuhauser Perret x Selzer x Vevera Passed and approved this 18th x G± day of January , 19 77 . /7 A-1 . RESOLUTION NO. 77-11 RESOLUTION TO REFUND BEER PERMIT John Mark Oler dba/ WHEREAS, That Deli at 620 So. Dubuque has surrendered beer permit No. 6917 expiring Oct. 6, 1977 and requests a refund on the unused portion thereof, now therefore, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that said beer permit be and the same is hereby cancelled, and BE IT FURTHER RESOLVED that the Mayor and City Clerk be and they are hereby authorized and directed to draw a warrant on the General Fund in the amount of $ 225.00 , payable to John Mark Oler dba/That for refund of beer permit No. 6917 Deli - It was moved by Balmer and seconded by Perret that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Balmer x deProsse x i Foster x Neuhauser x Perret x Selzer x Vevera x Passed this 18th day of January , 1977 - ! El RESOLUTION NO. 77-12 RESOLUTION AUTHORIZING EXECUTION OF AGREEMIT WITH THE IOWA DEPARTMENT OF TRANSPORTATION FEDERAL PARTICIPATION-MJ(ET/JEFrERSON SIGNALIZATION PROJECT WHEREAS, the City of Iowa City, Iowa, has negotiated an agreement with the Iowa De artment of Transportation , a copy of said '' a eement being attachedto s Resoiu=on. and by this reference made a part hereo , and, WHEMM, the City Council deans it in the public interest to enter into said agreement for' federal participation'in the Market/Jefferson Signalizaiion Project which is composed of the East/West One -Way Couplet. Project 91, budgeted in FY 77, and East/West One -Way Couplet Project 2, budgeted in FY 78. NOW, THEREFORE, BE IT IZE,SOLVED BY THE CITY COUNCIL: 1. That the Mayor and City Clerk are hereby authorized and directed. to execute the agreement with the Iowa Department of Transportation 2. That the City Clerk shall furnish copies of said agreement to any citizen requesting same. It was moved by Balmer and seconded by Foster the Resolution be adopted, and upon roll call there were: �i AYES: NAYS: ABSENT: x BAI.T`7ER x dePROSSE x FOSTER x NEUHAUSER x PERMU x SELZER x VEVERA Passed and approved this 18th dayrya of January .r 19 R )77. �? fI Mayor Pro Tem ATTEST: �• - / - p City Clerk C reTvo3 L' T PdMVod By Ti» P.egai 'J_,.a:tnant -RI (a + ; �. -11 7 RECEIVED JAN 1 1 1977 DEPARTMENT OF TRANSPORTATION AGREEMENT FOR FEDERAL AID URBAN SYSTEM PROJECT City: Iowa City County: Johnson Project No: M-4030(1)--81-52 Iowa Department of Transportation Agreement No: 77-F-009 WHEREAS, pursuant to Sections 306A.7 and 306A.8, 1975 Code of Iowa, the City of Iowa City , hereinafter called the CITY, and the Iowa Departmdnt of Transportation, Highway Division, hereinafter called the STATE, may enter into an agreement respecting the financing,'planning, establishment, improve- ment maintenance, use or regulation of public ways in these respective jurisdictions, and it is their opinion that the improvements in the traffic carrying capacity of the many streets is necessary and desirable, and WHEREAS, the Congress of the United States has provided for the Federal - aid Urban System, hereinafter called FAUS, and Congress has made funds available through the Federal Highway Adminis- tration, hereinafter called the FHWA, for improvement to the FAUS, these funds being administered by the STATE, and WHEREAS, the STATE has established Policy 2707 to effectively administer the FAUS program in Iowa, and WHEREAS, FAUS funding is available, subject to the limitations stated in Policy 2707, for reimbursement of up to seventk percent (70%) of the costs relating to an improvement on the FAUS and local funds are to be used for the remainder of the improvement costs, a minimum of thirty percent (30%), and WHEREAS, the CITY has requested eligible reimbursement from FAUS funds for construction costs, associated with said improve- ments, and WHEREAS, the CITY proposes to improve FAUS route no. 4032 and 4084 and 4086 on Market and Jefferson Streets from Clinton Street east to Dodge Street for signalization and traffic signal interconnection.:: NOW, THEREFORE, BE IT AGREED: 1. The attached standard EXHIBIT I is hereby made a part of this Agreement. IN WITNESS WHEREOF, each of the parties hereto has executed Agreement No. 77-I'-009 as of the date shown opposite its signature below. City of Iowa City By 1 ;� • ` ' January 18 1977 'title Mayor Pro Tem I, Abbie Stolfus , certify that I am the Clerk of the CITY, and that Carol deProsse , who signed said Agreement for and on behalf of the CITY was duly authorized to execute the same by virtue of a formal Resolution duly passed and adopted by the CITY, on the 18th day of January , 1977 Signed �1'i „ w�i�t� �✓ City Clerk of Iowa Ci y Iowa Date January 19 1977 IOWA DEPARTMENT OF TRANSPORTATION Byghway isio rir�� J AGt z 197 Director -Chief Engineer Date RECEIVED & APPROVED RY t LEGAL Dl A3RTSENT !H'1l EX!11J31T I Standard Provisions For FAUS Project Agreement Section 1. Since this project is to be financed with local and Federal funds, the CITY shall take whatever actions may be necessary to comply with applicable State and Federal laws and regulations. Section 2. The CITY will take the appropriate actions and prepare the necessary documents to fulfill the requirements of Federal Aid Highway Program Manuals, Volume 7, Chapter 7, Section 2, Environmental Impact and Related Statements; and Volume 7, Chapter 7, Section 5, Public Hearings and Location/Design Approval. Section 3. The STATE will obtain the necessary A-95 clearance from the State Office for Planning and Programming. The CITY shall obtain and submit to the STATE the necessary A-95 project clearance statement from the Areawide Clearinghouse. Section 4. The CITY shall secure approval required by the Iowa Natural Resources Council (Ir4RC) for construction in or on any floodway or floodplain. Section 5. The CITY will prepare the construction plans, specifications and estimates. The design will conform to Design Standards for Federal -aid projects as set forth in Volume 6, Chapter 2, Section 1, Subsection 1 of the Federal Aid Highway Program Manual. The project will be constructed under the STATE standard specifications and current applicable special provisions. Applicable CITY specifications with prior approval by the STATE and FHWA, may be used for items not specifically covered by STATE specifications. i Section 6. The CITY shall complete the necessary actions as required by Chapter 384.102, Code of Iowa, and shall certify completion of the provisions required. This certification shall be submitted to the STATE prior to the STATE approval to aware the contract. Section 7. The CITY shall forward the. FAUS project certification, final plans, specifications and project estimate (PS&E) to the STATE. The STATE will submit the PS&E documents fm FHWA approval to advertise for bids. m Section 8. Upon receipt of FHWA approval the project may be lel by the CITY in accordance, with Policy 2707 Section 3.c. or the CITY may request the STATE to hold the letting. The CITY shall be the contracting authority under each of the following arrangements. a. If the CITY holds the project letting, the CITY will advertise the letting, conduct the letting and determine the low bid. Projects shall require bidder prequalification by the STATE in accord with STATE Specification 1102. The CITY shall only issue bid proposal forms to contractors who have been prequalified by the STATE as applicable. The CITY shall submit copies of all bid proposals, a tabulation of all bids received on STATE tabulation forms to the STATE, along with a City Council Resolution for acceptance or rejection of the low bid and will certify that all prospective bidders have acknowledged receipt of all addendums issued for the letting. b. If the STATE holds the project letting, the STATE will follow normal project letting procedures. After bids are received and opened, the STATE will furnish the CITY with a tabulation of all bid proposals. The CITY, by Council Resolution, will act on the bids received and will furnish the STATE with a copy of the Resolution. Section 9. The STATE will review the bid tabulations and proposals and will prepare a DOT order for concurrence to award the contract. Section 10. The STATE will forward the necessary documents to the FHWA to secure approval to award the contract. After receipt of FHWA approval, the STATE will notify the CITY. The CITY shall enter into a contract with the contractor, secure his performance bond and certificate of insurance. Section 11. The CITY shall forward to the STATE copies of the contr)act, bond and insurance certificate. The STATE will prepare the Detail Project Agreement and submit it for FFIWA approval and obligation of Federal -aid funds. Section 12. The CITY shall comply with the procedures and responsibilities for materials testing and construction inspection set forth in paragraph V.C.3.d. of Policy 2707. The STATE will bill the CITY for testing services according to its normal policy. Section 13. The CITY shall comply with the procedures and responsibilities for contract payments set forth in paragraph VI.C.3.e. of Policy 2707. The m following documents shall be submitted by the CITY to the STATE District Office at the completion of the project: a. Form PR -47 Statement of Materials and Labor used by Contractors on Highway Construction Involving Federal funds. b. Form 181014 - Certification of Wages and Payroll c. Form 181210 - Final Estimate of Road or Bridge Work d. Form 830435 - Certificate of Completion and Final Acceptance of Work. e. Form 830436 - Final Payment f. Invoice and Proof of Payment (a billing to the STATE for FAUS funds, copy of cancelled warrants and City Council Resolution) Section 14. The CITY will effect whatever steps may be required to legally establish the grade lines of the new highway facilities constructed under said project, and shall pay or cause to be paid all damages resulting therefrom, all in accordance with the provisions of Section 364.15 of said Code of -Iowa. Section 15. The CITY shall effectuate all relocations, alternations, adjustments, or removals of utility facilities, including power, telephone and telegraph lines, water mains and hydrants, curb boxes, sanitary sewers, and related poles, installations and appurtenances, whether privately or publicly owned, and all parking meters, traffic signals and other facilities which are located within the limits of an established street or alley and which will interfere with construction of the project. Except as otherwise herein provided, the CITY shall take all necessary legal action to discontinue and prohibit any use of the project right of way for business purposes including, but not limited to, gas pumps, storage tanks, theater ticket sales, drive-in services, etc. However, awnings, canopies, marquees, advertising signs, and similar installations which were in place prior to the date of this Agreement and which facilities are supported entirely from outside said project right of way may be permitted to remain if, in the opinion of the STATE, they dd not obstruct the view of any portion of the public highway or street, or traffic control devices located thereon. Any subsequent changes in, or new construction or reconstruction of, such installations of facilities shall fully comply with STATE requirements pertaining to new construction. Section 16. Subject to the provisions of Section 15 hereof, the CITY shall prevent any future encroachment or obstruction within the limits of Project right of way, and shall prevent the erection of any private signs on said right of way or which obstruct the view of any portion of said highway, street or railroad track, or the traffic signs or traffic control devices located thereon in such a manner as to render them dangerous within the meaning of Section 319.10 of said Code of Iowa. Section 17. The CITY shall maintain all books, documents, papers, accounting records, reports and other evidence pertaining to costs incurred for the project and make such material available at all reasonable times during the construction period and for three years from the date of final Federal reimbursement, for inspection by the STATE, FHWA, or any authorized representatives of the Federal Government and copies of said materials shall be furnished if requested. Section 18. The CITY shall maintain the completed improvement or shall provide other acceptable means for assuring proper maintenance. Section 19. Any traffic control devices, signing, or pavement markings installed within the limits of this project shall conform to the "Iowa Manual on Uniform Traffic Control Devices for Streets and Highways. - Section 20. Impl6mentation of Clean Air Act and Federal Water Pollution Control Act (Applicable to Contracts and Subcontracts which exceed $100,000): a. The CITY stipulates that any facility to be utilized in performance under or to benefit from this agreement is not listed on the Environmental Protection Agency (EPA) List of Violating Facilities issued pursuant to the requirements of the Clean Air Act, as amended, and the Federal Water Pollution Control Act, as amended. b. The CITY agrees to comply with all of the requirements of Section 114 of the Clean Air Act and Section 308 of the Federal Water Pollution Control Act, and all regulations and guidelines issued thereunder. c. The CITY stipulates as a condition of Federal aid pursuant to this agreement it shall notify the STATE of the receipt of any advice indicating that a facility to be utilized in performance under or to benefit from this agreement is under consideration to be listed on the EPA List of Violating Facilities. \ V"` RESOLUTION N0. 77-13 RESOLUTION SETTING PUBLIC IIF.ARING FOR THE PLAINS, SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATED COST FOR THE FURNISHING OF EQUIPMENT FOR THE JEFFERSON/MARKET SIGNALIZATION PROTECT BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOIVA CITY, IOIVA: 1. That a public hearing on the plans, specifications, form of contract, and estimate of cost for the furnishing of equipment for the above-named project is to be held on the 25th day of January, 1977, at 7:30 P.M. in the Council Chambers, Civic Center, Iowa City, Iowa. 2. That the City Clerk is hereby authorized and directed to publish notice of the public hearing for the furnishing of equipment for the above-named project in a newspaper published at least once weekly and having a general circulation in the city, not less than four (4) nor more than twenty (20) days before said hearing. 3. That the plans, specifications, form of contract, and estimate of cost for the furnishing of equipment for the above-named project are hereby ordered placed on file by the City Engineer in the office of the City Clerk for public inspection. It was moved by Selzer and seconded by Balmer that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x BAT MER x dePROSSE x FOSTER x NEUHAUSER x PERRET x SELZER x VEVERA Passed and approved this 18th day of dan „arW , 1977. Mayor Pro Tem ATTEST : % I -fIL City ��erk c04 Q W RESOLUTION NO. 77-14 RESOLUTION AWARDING CONTRACT FOR THE CONSTRUCTION OF LOCKER ROOM FACILITIES IN TILE IOIVA CITY CIVIC CENTER WHEREAS, Bureer Construction Company, Inc., of Iowa City, Iowa has submitted the best bid for the construction of the above- named project. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the contract for the construction of the above-namedproject is hereby awarded to Burger Construction Company, Inc., of Iowa City, Iowa , subject to the conaition tnat awardee secure adequate performance bond and insurance certificates. it was moved by Balmer and seconded by roc ar that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x BALMER x dePROSSE x FOSTER x NEI➢1AUSER x PERRET x SELZER x VEVERA Passed and approved this 18th day of January , 1977 Clyvtlir Lk,, &-( R OIL- it MAYOR Pro Tem ATTEST: CITY CLEIRK By Tkh3U.-al C:padnisnt T ze 0L0___ - a7 CONTRACT THIS AGREEMENT, MADE AND ENTERED INTO THIS JANUARY , 197_, BY AND BETWEEN THE CITY OF IOWA CITY - DEPARTMENT OF PUBLIC WORKS 25 DAY OF PARTY OF THE FIRST PART, HEREINAFTER REFERRED TO AS THE OWNER AND BURGER CONSTRUCTION COMPANY, INC. PARTY OF THE SECOND PART, HEREINAFTER REFERRED TO AS THE "CONTRACTOR" WITNESSETH: THAT WHEREAS THE OWNER HAS HERETOFORE CAUSED TO BE PRE- PARED CERTAIN PLANS, SPECIFICATIONS AND PROPOSAL BLANKS, DATED THE 8 DAY OF DECEMBER , 19 76, FOR CIVIC CENTER REMODELING - LOCKER ROOMS UNDER THE TERMS AND CONDITIONS THEREIN FULLY STATED AND SETFORTH, AND WHEREAS, SAID PLANS, SPECIFICATIONS AND PROPOSAL ACCURATELY, AND FULLY DESCRIBE THE TERMS AND CONDITIONS UPON WHICH THE CON- TRACTOR IS WILLING TO PERFORM THE WORK SPECIFIED: NOW, THEREFORE, IT IS AGREED: 1. THAT THE OWNER HEREBY ACCEPTS THE PROPOSAL OF THE CONTRACTOR FOR THE WORK AND FOR THE SUMS LISTED BELOW: BASE BID----------- -------------------$ 17,454.00 ALTERNATE G-1 QUARRY TILE ---------ADD $ TOTAL CONTRACT AMOUNT $ 17,454.00 2. THAT THIS CONTRACT CONSISTS OF THE FOLLOWING COMPONENT PARTS WHICH ARE MADE A PART OF THIS AGREEMENT AND CONTRACT AS FULLY AND ABSOLUTELY AS IF THEY WERE SET OUT IN DETAIL IN THIS CONTRACT: i A. ADDENDA NUMBERS NONE B. DETAILED SPECIFICATIONS FOR AT THE CIVIC CENTER C. PLANS LOCKER ROOM FACILITIES D. NOTICE OF PUBLIC HEARING AND NOTICE TO BIDDERS E. INSTRUCTION TO BIDDERS F. SPECIAL CONDITIONS G. SUPPLEMENTAL GENERAL CONDITIONS H. GENERAL CONDITIONS I. PROPOSAL J. THIS INSTRUMENT ABOVE COMPONENTS ARE COMPLEMENTARY AND WHAT IS CALLED FOR BY ONE SHALL BE AS BINDING AS IF CALLED FOR.BY ALL. 3. THAT PAYMENTS ARE TO BE MADE TO THE CONTRACTOR IN ACCORDANCE WITH AND SUBJECT TO THE PROVISIONS EMBODIED IN THE DOCUMENTS MADE A PART OF THIS CONTRACT. 4. THAT THIS CONTRACT IS EXECUTED IN FOUR COPIES, IN WITNESS WHEREOF, THE PARTIES HERETO HAVE HEREUNTO SET THEIR HANDS AND SEALS THE DATE FIRST WRITTEN ABOVE. + CITY OF IOWA CITY CONTRACTOR BURGER CONST. CO._(SEALY BY 1'LItL� t (� 6 i. a! t�Ll•� . 1 (SEAL) BY i (TITLE) `�L�tZ4i i`�(TI TLE). ATTEST: / ATTEST: Its (TITLE) l (COMPANY OFFICIAL.) C CHANGE ORDER AIA DOCUMENT G701 OWNER & PATTSCHULL ARCHITECT CITY CONTRACTOR ❑ FIELD ❑ OTHER Address IOWA C— ;, IA PROJECT: POLICE LOCKER FACILITIES CHANGE ORDER NUMBER: G-1 (name,address) . CIVIC CENTER TO (Contractor) F ARCHITECT'S PROJECT NO: 7565 BURGER CONSTRUCTION CONTRACT FOR: GENERAL CONSTRUCTION P. 0. BOX 1089 LIOWA CITY, IA 52240 CONTRACT DATE: 1-25-77 You are directed to make the following changes in this Contract: ITEM 1 — PROVIDE AND INSTALL THREE 24 X 30 MIRRORS, ONE OVER EACH LAVATORY. ITEM 2 — RELOCATE DOOR c4 TO SOUTH WALL OF EVIDENCE ROOM ADJACENT TO PISTOL RANGE AS DIRECTED. ITEM 3 — PROVIDE AND INSTALL PLASTIC LAMINATE CLAD TOILET PARTITIONS SHOWN IN MENS AND 'rIOMENS TOILET ROOMS. ITEM 4 — PROVIDE AND INSTALL SIMILAR SHELVING AND HOOKS IN NEW LOCKERS. NOTE: THE FOUR ITEMS LISTED ABOVE WERE INCLUDED IN THE BASE BID THROUGH INSTRUCTIONS GIVEN THE CONTRACTOR BY THE ARCHITECT PRIOR TO BIDDING. NO CHARGE NO CHARGE NO CHARGE NO CHARGE The original Contract Sum was . . . . . . . . . . . . . . . . . . . . . $ 17, 454.00 Net change by previous Change Orders . . . . . . . . . . . . . . . . $ 0.00 The Contract Sum prior to this Change Order was . . . . . . . . . . . . . . . $ 17,454.00 The Contract Sum will be (i(tic7rdaledd/ (Wrda eld� (unchanged) by this Change Order . . . $ 0.00 The new Contract Sum including this Change Order will be . . . . . . . . . . . $ 17,454.00 The Contract Time will be ('rfiVr Ud{ e4lrld ldl (unchanged) by ( ) Days. The Date of Completion as of the date of this Change Order therefore is AP R I L 8, 19 77 . 4lEHNER NOWYSZ & PATTSCHULL BURGER CONSTRUCTION CITY OF IOWA CITY 2 ARCHITECT EBUILDING ODPT16CTJOX 1089 00f E. WASHINGTON Address IOWA C— ;, IA 52240 Address IOWA CI Y, IA 52240 Address IOWA CITY, IA 52240 . C ,pl, 7 0'1i � � I IS J y DATE e-1-77 D E nia nnril."PNT r.7ot I CHANGE ORDER • APRIL 1970 EDITION . AIAO • 0 1970 . THE ONE PAGE RESOLUTION NO. 77-15 S C Liquor BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Li uor Sunday Sales Permit application is hereby approved for a ollowing named person or persons at the following described location: Keith W. Dempster dba/The Mill Restaurant, 120 E. Burlington St. Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance of state law. .The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, bond, and all other information or docu- ments required to the Iowa Beer and Liquor Control Department. It was moved by Selzer and seconded by Balmer that the Resolution as res e a op e , and upon roll c� ere were: AYES: NAYS: ABSENT: Balmer x deProsse x Foster x Neuhauser x Perret x Selzer x Vevera x Passed this 25th day of January 19 77 RESOLUTION NO. 77-16 RESOLUTION APPROVING CLASS C LIQUOR CONTROL LICENSE APPLiMrM BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C . Liquor Control License application is hereby approve3 dor the followinnamed person or g persons at the following described location: C. Ricky Jirsa & Daniel R. Lovetinsky dba/Moody Blue, 1200 So. Gilbert Said approval shall be subject to any conditions I or re- strictions hereafter imposed by ordinance or State law. The City Clerk shall cause a recommendation for approval to he endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond, sketch of the premises and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by that the Resolution there were: Balmer Selzer and seconded by as read-Ve adopted, and upon ro call AYES: NAYS: deProsse Foster x Neuhauser x Ferret x Selzer x Vevera x ABSENT: x i Passed and approved this 25th day of January , 19 77 �jb RESOLUTION NO. 77-17 RESOLUTION TO 'ISSUE DANCING PERMIT BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Dancing Permit as provided by law is hereby granted to the following named person and at the following described locations upon his filing an application, having endorsed thereon the certificates of the proper city officials as to having complied with all regulations and ordinances, and having a valid Class "B" Beer Permit, to wit: C. Ricky Jirsa & Daniel R. Iovetinsky dba/Moody Blue, 1200 S. Gilbert It was moved by Selzer and seconded by Balmer that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Balmer x deProsse x Foster x Neuhauser x Perret x Selzer x Vevera x Passed and approved this 25th day of January , 197 7 . RESOLUTION NO. 77-18 RESOLUTION APPROVING CLASS "B" BEER PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class "B" Beer Permit Application is hereby approved for the following named person or persons at the following described location: Kuhlmann, Inc. dba/ Jose Taco, 517 S. Riverside Dr. Said approval shall be subject to any conditions or re- strictions hereafter imposed by ordinance or State law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by Selzer and seconded by B that the Resolution as re�Ue adopted, and upon roll call there were: AYES: NAYS: ABSENT: Balmer x deProsse r x Foster x Neuhauser x Perret x Selzer x Vevera x Passed and approved this 25th day of January 1977 3l r� L RESOLUTION NO. 77-19 AL OF CLASS B Beer BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class B 13 gr Sunday Sales Permit application is hereby approved for the following named person or persons at the following described location: Kuhlmann, Inc. dba/ Jose Taco, 517 S. Riverside Dr. Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance of state law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, bond, and all other information or docu- ments required to the Iowa Beer and Liquor Control Department. It was moved by Selzer and seconded by Balmer that. the Resolution as read e a - e , and upon roll call tEere were: AYES: NAYS: ABSENT: Balmer x deProsse x Poster x Neuhauser x Perret x Selzer x Vevera x Passed this 25th day of January , 19 77 3,a- b, . /—J—a .RESOLUTION NO. 77-20 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR FURNISHING EQUIPMENT FOR THE JEFFERSON/ MARKET SIGNALIZATION PROJECT ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECT- ING CITY CLERK TO PUBLISH NOTICE TO BIDDERS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. WHEREAS, notice of public hearing on the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project was published as required by law, and the hearing thereon held. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project are hereby approved. 2. That the amount of bid security to accompany each bid for the construction of the above-named project shall be in the amount of $1,600/Sec. I & $2,000/ payable to Treasurer, City of Iowa City, Iowa. Sec. II 3. That the City Clerk is hereby authorized and directed to publish notice for the receipt of bids for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the city not less than four (4) nor more than twenty (20) days before the date established for the receipt of bids. 4. That bids for the construction of the above-named project are to be received by the City of Iowa City, Iowa, at the Office of the City Clerk, at the Civic Center, until 10:00 A.M. on the 3rd day of February 191Z. Thereafter, the bids will be opened by the City Engineer , and thereupon referred to the Council of the City of Iowa City, Iowa, for action upon said bids at its next meeting to be held at the Council Chambers, Civic Center, Iowa City, Iowa, at 7:30 P.M. on the 8th day of February , 19 77 . cBy 711e Lzr-? E , _,.n.:_n4 s ��' �1-7 33 Page 2 Resolution No. 77-20 It was moved by Balmer and seconded by Foster that the Resolution as rea e3�b�optea, and upon roll ca t ere were: AYES: NAYS: ABSENT: x BALMER x dePROSSE x FOSTER x NEUHAUSER x PERRET x SELZER x VEVERA Passed and approved this 25th day of January , 1977. &14z4 ATTEST: 1 CITY CLERK RESOLUTION N0. 77-21 RESOLUTION AMENDING LEASE OF PORTION OF IOWA CITY MUNICIPAL AIRPORT TO UNITED STATES OF AMERICA FOR THE U.S. ARMY RESERVE TRAINING CENTER. WHEREAS, the City of Iowa City, Iowa, [hereinafter the City], and the United States of America [hereinafter the Government] have entered into a long- term lease, and Supplemental Agreement No. 1, for a portion of the Iowa City Municipal Airport for use as a U.S. Army Reserve Training Center, and WHEREAS, the City and the Government desire that a 45 foot by 155 foot strip of land adjoining the leased area be used as an access road to the training center, M WHEREAS, the legal description of the said land proposed to be used as an access road can be found on page one (1) of Supplemental Agreement No. 2, a copy of which proposed agreement is attached to this resolution as "Exhibit A," and by this reference made a part hereof, and WHEREAS, the City proposes to amend its lease with the Government to allow the Government a 45 foot by 155 foot strip of land for an access road to the Army Reserve Training Center, and WHEREAS, a public hearing on the proposal to amend the lease was held on the 25th day of January 1977, at 7:30 P.M. in the Council Chambers at the Civic Center, 410 E. Washington St., Iowa City, Johnson County, Iowa, 52240, and WHEREAS, the Council finds that amending this lease is in the best interests of the citizens of Iowa City, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IONTP, CITY, IOWA: 1. That the Mayor is hereby authorized to sign, and the City Clerk to attest, Supplemental Agreement No. 2 between the City and the Government. 2. That the Mayor is hereby authorized to sign, and the City Clerk to attest, this resolution. Res. No. 77-21 -2- It was moved by Foster and seconded by Balmer that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x deProsse x Foster x Neuhauser x Perret x Selzer x Vevera Passed and approved this 25th da of January , 1977. OR AT=: NAY CITY CLERK Received & Approved ll T� Legal ep rtment R 1!071 3� LEASE NO. DA 25 -066 -ENG -5222 DEPARTMENT OF THE ARMY CMAHA DISTRICT CORPS OF ENGINEERS SUPPLEMENTAL AGREEMENT NO. 2 ,-THIS SUPPLE14ENTAL AGREEMENT, made and entered into this L2.56t. day of �9&, by and between the CITY OF SOMA CITY, IOWA, A MUN CIPAL COR RATIO , for itself, its successors and assigns, hereinafter called the Lessor, and THE UNITED STATES OF AMERICA, hereinafter called the Government, WITNESSETH: WHEREAS, on the 3rd day of November 1958, the parties hereto entered into Lease No. DA 25 -066 -ENG -5222 covering the exclusive use by the Government of approximately 4.05 acres of land, more particularly described in said lease, together with concurrent use by the Government of approximately .127 acre of land for the construction, operation and maintenance of an access road, more particularly described in said lease, and also together with con- current use by the Government of approximately .11 acre of land for the con- struction, operation and maintenance of an underground sewer line, more par- ticularly described in said lease for the term October 15, 1958, through June 30, 1959, renewable thereafter without notice through June 30, 2057, at a rental of One Dollar ($1.00) for the full term of the lease, the receipt and sufficiency of which has been acknowledged; and, WHEREAS, the Government relinquished the .11 acres more or less more particularly described in paragraph 2b and 2c of Supplemental Agreement No. 1 dated 1 April 1959. WHEREAS, the Government added the concurrent use of a twenty foot strip of land for the construction, operation, and maintenance of an under- ground sewer line, more particularly described in paragraphs 2d, 2e, 2f, and 2g, of Supplemental Agreement No. 1 dated 1 April 1959. WHEREAS, the Government desires the use of 45 foot by 155 foot strip of land to be used as an access road to the U.S. Army Reserve Center, Iowa City, Iowa. WHEREAS, the Lessor is willing to amend said lease as herein provided; and, WHEREAS, it is advantageous to the parties and in the best interest of the Government to amend said lease as hereinafter provided; NOW, THEREFORE, in consideration of the premises, Lease No. DA 25 -066 - ENG -5222 as amended is effective 1 November 1976 modified in the following particulars, -but in no others: Paragraph 2h is added thereto as follows: 2h. A tract of land commencing at the southwest corner of the northwest 1/4 of Section 221 Township 79 North, Range 6 West of the Fifth Principal Meridian in Johnson County, Iowa; thence N 220351 W, 363.40 feet to the center line of the southeast runway; thence N 33°001 E, 373.00 feet; thence S 57.001 E, 131.001 to the southwest corner of the Army Reserve Site; thence N 01.131 W, 533.00 feet to the northerly line of the Army Reserve Site; thence N 88.471 E, 150.00 feet along the said northerly line to the point of beginning of the area needed for access to the Army Reserve Site; thence N O1°131 W, 45.00 feet; thence N 880471 E along a line which is parallel to the northerly line of the Army Reserve Site to the westerly right-of-way line of U.S. Highway #218; thence southerly along said westerly right-of-way line, 45.00 feet to the said northerly line of the Army Reserve Site; thence S 88°471 W, 155.00 feet along the said northerly line to the point of beginning. 97 LEASE NO. DA 25 -066 -ENG -5222 SUPPLEMENTAL AGRE04ENT NO. 2 IN WITNESS WHEREOF, the parties hereto have hereunto subscribed their names as of the date above written. ATTEST: CITY OF IOWA CITY, IOWA, A MUNICIPAL CORPORATION B: Lessor THE UNITED STATES OF AMERICA BY: F PP"'Hl ,p n :P;giTpJ, .&4- -,-'/ 7 7 — a -;?, CITIES AND TOWNS CERTIFICATION OF MUNICIPAL CORPORATE RESOLUTIONS DELIVERY OF CONVEYANCE Parcel No. 36 County Johns Project No. FN -218-4(9)--21-52 Road No. 218 I, the undersigned, r;ry , Clerk of City/Town of Iowa City , Iowa, a municipal corporation duly organized and existing under the laws of the State of Iowa, DO HEREBY CERTIFY that notice of a pending sale of real estate has been published in accordance with 362.3 and 364.7, Code of Iowa, 1975, that a public hearing has been held and the following is a true and exact transcript of certain resolutions duly adopted by the Members of the City/Town Council on the 25th day of January , 1977 , by the call of yeas and nays recorded below and that these resolutions are now in full force and effect: RESOLVED, that according to Federal Aviation Administration Rule § 155.11(c)(10): If the release would allow sale of any part of the property, a certified copy of a resolution or ordinance of the governing body of the public agency that owns the airport obligating itself to use the proceeds of the sale exclusively for developing, improving, operating or maintaining the public airport. RESOLVED, the deed of conveyance executed by Mayor Mary Neuhauser and City Clerk Abbie Stolfus on the 26th day of January , 19 77 , on behalf of this municipal corporation to the State of Iowa for the sale of certain real estate known to the Highway Division of the Department of Transpor- tation as Johnson County, Project No. FN -218-4(9)--21-52, Parcel No. 36 is hereby affirmed and approved, and RESOLVED FURTHER, Attorney Robert Bowlin is hereby directed to deliver this deed of conveyance to the Highway Division of the Department of Transportation Closing Agent in exchange for the considertion due under the real estate contract approved by this municipal corporation in Resolution No. 71- 251 t was moved by Foster, seconded by Balmer, that the Resolution as read be adopted and upon roll cal: here were: Members of the City/Town Council Yeas Nays Absent or not voting Balmer deProsse Foster Neu�auser Perret Selzer Vevera IN WITNESS WHEREOF, I have hereunto subscribed my name at Iowa City , Iowa, this 26th day of January' 19 77 Abbie Stolfus, City Clerk (Type or Print Name of City/Town Clerk) (Seal) State of Iowa ) ss County of Jo}inson ) Subscribed and sworn to before me this Received & A pPro,, ed iiy A ie�a! D �a �?ni NA 26th day of January , 19 77 Notary Public in and for the State of Iowa (Type or Print Name) Resolution No. 77- 2 2 39 °7/-;A 5826 (209)623 EASEMENT FOR PUBLIC HIGHWAY Parcel No. 36 KNOW ALL MEN BY THESE PRESENTS: That City of Iowa.City, Iowa of Iowa of Johnson County, State of Iowa, in consideration of the sum of Sixty-eight Thousand and no/100-----($68,000.00)-----DOLLARS and other valuable considerations in hand paid by Department. of Transportation, do hereby sell and convey unto the STATE OF IOWA, for road purposes and for use as a Public Highway, the following described premises situated in the County of Johnson, State of Iowa, to -wit: A parcel of land located in Sec. 15, Sec. 21 and Sec. 22, all in T79N, R6W of the 5th P.M., unplatted in the City of Iowa City, Johnson County, Iowa, lying on both sides of part of the following described centerline of Primary Road No. U.S. 218 Relocation, as shown on Right of Way Plat Exhibit "A" attached hereto and by reference made a part hereof. The centerline, designated by station points 100 feet apart, numbered consecutively from southwest to north, said numbers being adjusted at Sta. 472+41.2 (Back) to equal Sta. 472+73.0 (Ahead), is described as follows: Beginning at Sta. 446+56.8, a point 766.0 ft. South of the E 1/4 Corner of said Sec. 21 on the east line of the SE 1/4 thereof, thence N45°20 1/2'E, 254.9 ft. to Sta. 449+11.7, thence northerly 933.5 ft. along a 1,145.9 ft. radius curve, concave westerly and tangent to the preceding and following courses to Sta. 458+45.3, thence N1020'W, 889.3 ft. to Sta. 467+34.6, thence northerly 506.6 ft. along a 1,909.9 ft, radius curve, concave westerly and tangent to the preceding and following courses, to Sta. 472+41.2, which equals Sta. 472+73.0, thence N16°32'W, 138.7 ft. to Sta. 474+11.7, thence northerly 394.2 ft. along a 1,909.9 ft. radius curve, concave easterly and tangent to the preceding and following courses to Sta. 478+05.9, thence N4°42 1/2'W, 316.7 ft. to Sta. 481+22.6, a point N88030 1/2'E, 273.7 ft. and S4°42 1/21E, 172.4 ft, from the NW Corner of said Sec. 22, thence northerly 705.4 ft, along a 4,297.2 ft, radius curve, concave westerly and tangent to the preceding and following courses, to Sta. 488+28.0, thence N14°07'W, 661.7 ft. to Sta. 494+89.7, thence northerly 329.3 ft. along a 1,432.4 ft. radius curve, concave easterly and tangent/to the preceding and following courses, to Sta. 498+19.0, thence NO°56 1/2114, 281.0 ft. to Sta. 501+00. Also, beginning at said Sta. 446+56.8, thence S45020 1/2'W, 137.2 ft. to Sta. 445+19.6, thence Southerly 719.6 ft. along a 2,878.9 ft. radius curve, concave easterly and tangent to the preceding course to Sta. 438+00. Note: The east line of the SE 1/4 of said Sec. 21 is assumed to bear. North and South. THE FEE SIMPLE TITLE GRANTED IS TO ACCESS RIGHTS DESCRIBED AS FOLLOWS: All rights of direct access between Relocated Primary Road No. U.S. 2.18 and the grantors remaining property abutting thereon from Sta. 4391-05+ (Property Line) to Sta. 488+25+ (Property Line), west side and from Sta. 469+19+ (Property Line) to Sta. 500+68+ (Property Line), east side, reserving to the. grantor the right of access to Relocated Primary Road No. U.S. 218 at Sta. 438+36, Sta, 450+33, Sta. 453+80, Sta. 467+30, Sta. 474+75, on west side, and at Sta. 490+75, Sta. 497+16, on the east side, and Sta. 482+00, on both sides. THE EASEMENT RIGHTS, FOR HIGHWAY PURPOSES, GRANTED IS TO LAND DESCRIBED AS FOLLOWS: Beginning at a point 70 ft. radially distant northwesterly from the above described centerline on the south line of the NE 1/4 SE 1/4 of said Sec. 21, thence concentric with centerline to a point 70 ft. radially distant northwesterly from Sta. 444+50, thence to a point 100 ft. normally distant northwesterly from Sta. 446+00, thence parallel to or concentric with centerline to a point 100 ft, normally distant Page 1 of 2 westerly from Sta. 458+45.3, thence to a point 35.5 ft. normally distant westerly from Sta. 462+00, thence concentric with or parallel to centerline to a point 35.5 ft. radially distant westerly from centerline on the south line of the North 772.6 Feet of the SW 1/4 SW 1/4 of said Sec. 15, thence easterly along the south line of said North 772.6 Feet to the centerline of Present Primary Road No. U.S. 218, thence northerly along said centerline to the southerly right of -way line of Primary Road No. U.S. 6 extended west, thence easterly along said southerly right of way line extended, to the easterly right of way line of Present Primary Road No. U.S. 218, thence southerly along said easterly right of way line to a point normally distant easterly from Sta. 490+84, thence to a point 35.5 ft. normally distant easterly from Sta. 490+84, thence concentric with or parallel to centerline of Primary Road No. U.S. 218 Relocation to a point 35.5 ft. radially distant easterly from Sta. 478+05.9, thence to a point normally distant easterly from Sta. 477+20.9 on the easterly right of way line of Present Primary Road No. U.S. 218, thence southerly along said easterly right of way line to the south line of the NW 1/4 NW 1/4 of said Sec. 22, thence westerly along said south line to the centerline of Present Primary Road No. U.S. 218, thence southerly and southwesterly along said centerline to the south line of the NE 1/4 SE 1/4 of said Sec. 21, thence westerly along the south line of said NE 1/4 SE 1/4 to a point 70 ft. radially distant northwesterly from centerline of Primary Road No. U.S. 218 Relocation, the Point of Beginning. Said parcel contains 4.8 acres, more or less, exclusive of the present established road. "No Documentary Stamps are required in that the grantor is a governmental agency. See Section 428A.2, Paragraph 6 of the 1975 Code of Iowa". And the grantors do hereby covenant with the said STATE OF IOWA that said grantors are lawfully seized of said premises; that they have good and lawful authority to sell and convey the same; that said premises are free and clear of all liens and encumbrances whatsoever; and said grantors covenant to warrant and defend the title to said premises against the lawful claims of all persons whomsoever, and each of the undersigned hereby relinquishes all rights of dower, homestead and distributive share in and to the above described premises. Words and phrases herein, including acknowledgment hereof, shall be construed as in the singular or plural number, and as feminine or masculine gender, according to the context. Signed this _1 6 7/✓ day of Jzi7 A.D. 19 77 CITY OF IOWA CITY: STATE OF IOWA, By Mayor By: Clerk COUNTY, ss: On this day of A.D. 19 , before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared to me personally known, who, being by me duly sworn did say that they are the Mayor and Clerk of said , a municipal corporation/political subdivision duly organized under the laws of the State of Iowa, and that they are authorized to execute said instrument on behalf of said municipal corporation/political subdivision by authority of its City Council; and the said acknowledge(s) the execution of said instrument to be the voluntary act and deed of said corporation by it voluntarily executed. (SEAL) Received P_ /-Approved BFPt^ UgM DIS I .pa, ment Notary Public in and for the State of Iowa Page 2 of 2 iC�,r� C.tlt�+ w/IL�IL �.a�!.ii.�-1- Lf.[-t�f : � 4ha Q-�J-o-t L'•+ � ..(' L (f 4/ The Department of Transportation Commission, acting on behalf of the State of Iowa, hereby accepts the within Easement for Public Highway as full satisfaction of a real estate transaction approved by and shown on Commission Staff Action dated Said transaction is known to the Commission as Parcel No. 36, on Project FN -218-4(9)--21-52 in Johnson County, Iowa. The Commission is obligated, per the transaction, to make payment of $84,749.00 upon the execution and delivery of the within Easement for Public Highway. Said lump sum payment does not include any sum, amount, value, cost or payment to grantor by grantee, otherwise agreed to and specifically provided for herein, the value which is not ascertainable, due or payable as of the date of the execution of this Easement for Public Highway. STATE OF I014A Department of Transportation Commission By GORDON A. SIMITZER Right of Way Director STATE OF IOWA: ss On this day of , 19 , before me the undersigned Notary Public in and for the State of Iowa, personally appeared Gordon A. Sweitzer, to me personally known, who being by me duly sworn did say that he is Right of Way Director of the Department of Transportation Commission, and that said instru- ment was signed on behalf of said Commission by its authority, and the said Gordon A. Sweitzer acknowledged the execution of said instrument to be the voluntary act and deed of said Commission and by it voluntarily executed. Notary Public in and for the State of Iowa i RESOLUTION NO. 77-23 RESOLUTION REPEALING THE RESOLTJTION OF THE 7TH OF SEPTEMBER, 1965, WHICH ESTABLISHED THE PERPETUAL CARE FUND BECAUSE THE MUNICIPAL CEMETERIES OF THE CITY OF IO1A CITY SHALL HEREAFTER BE NONPERPETUAL CARE. WHEREAS, the resolution passed on the 7th of September, 1965, set aside 10% of the fee for burial spaces for a perpetual care trust fund, and WHEREAS, the City of Iowa City, Iowa, now deems it in the best interest of the City to provide for the maintenance of cemeteries from the general fund and to establish nonperpetual care cemeteries. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that: 1. The resolution of the 7th of September, 1965, is hereby repealed. 2. All municipal cemeteries in the City of Iowa City, Iowa, shall be nonperpetual care cemeteries. It was moved by Balmer and seconded by Perret that the Resolution as read be adopted, and upon roll call there were - AYES: NAYS: ABSENT: x Balmer x deProsse x Foster x Neuhauser x Perret x Selzer x Vevera Passed and approved this 25th day of January , 1977. A.ri iA 4C "(/�Q� Mayor ATTEST: City Clerk RECEIVED & APPROVED BY THE LEGAL DEPARTMENT '!X3 A4 RESOLUTION NO. 77-24 RESOLUTION ACCEPTING PRELIMINARY PLAT' OF MAKADA SUBDIVISION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the approval of the preliminary plat for Makada Subdivision be granted with the following conditions: None as requested by Ed Gatens. (located one-half mile south of southerly city limits and east of Sycamore Street extended south in Johnson County) It was moved by Selzer and seconded by Balmer that the resolution as read be adopted and upon roll call there were: AYES: HAYS: ABSENT: Passed and approved this 25th day of January n _, 1977.., MAYOR rV1 ATTEST•• w CITY CLERK Reeaived & Approve:i By The Legal Dapartment GZ�/Z ✓�.J,{{/L. t. - j/ .6c C RESOLUTION NO. 77-25 RESOLUTION ACCEPTING PRELIMINARY PIAT' OF HAIVKEYE HEIGHTS BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the approval of the preliminary plat for Hawkeye Heights be granted with the following conditions: None as requested by Merrel Johnson. (located west of Mormon Trek Blvd. and approximately 500 feet south of Melrose Avenue) It was moved by Foster and seconded by Vevera that the resolution as read be adopted and upon roll call there were: AYES: NAYS: ABSENT: X BALI TER x dePROSSE x FOSTER x NEUHAUSER X PERRET X SELZER X VEVERA Passed and approved this 25th day of January , 1977. MAYOR ATTEST•• CITY CLERK Pecaived & Approved By The Legal DoP31-nY y� ,e"-/.: . RESOLUTION NO. 77- 26 RESOLUTION AMENDING BUDGET AUTHORIZATION RESOLUTION NO. 76-238 FOR DEPARTMENT OF PUBLIC WORKS EQUIPMENT DIVISION WHEREAS, the City of Iowa City, Iowa, employs certain per- sonnel subject solely to the action of the City Council referred to as classified personnel, and, WHEREAS, it is necessary to amend the FY '77 Budget as authorized by Resolution No. 76-238, NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, THAT: Resolution No. 76-238 be amended as follows: 1) By the addition of one (1) Maintenance Worker II to the Department of Public Works, Equipment Division, and, 2) By the elimination of one (1) Maintenance Worker I from the Department of Public Works, Equipment Division. It was moved by Balmer and seconded by Selzer that the Resolution as read e adopted and upon roll call— there were: AYES: NAYS: ABSENT: x Balmer x Foster x deProsse x Neuhauser x Perret x Selzer x Vevera Passed and approved this25th day of January 1977 Mayor ATTEST: City Clerk RECEIVED & dppROVED BY .TEE LEGAL I)EPARTMERT 7k RESOLUTION N0. 77-27 RESOLUTION AMENDING BUDGET AUTHORIZATION RESOLUTION NO. 76-238 FOR DEPARTMENT OF COMMUNITY DEVELOPMENT PERSONNEL WHEREAS, the City of Iowa City, Iowa, employs certain personnel subject solely to the action of the City Council referred to as classified personnel, and, WHEREAS, it is necessary to amend the FY 77 budget as authorized by Resolution No. 76-238, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that Resolution No. 76-238 be amended as follows: 1. By the addition of one (1) Assistant Planner position to the Department of Community Development, and 2. By the elimination of one (1) Planning Technician from the Depart- ment of Community Development. It was moved by Vevera and seconded by Foster that the Resolution as read e a opte an upon roll call there were: AYES: NAYS: ABSENT: x Balmer x deProsse x Foster x Neuhauser x Perret x Selzer x Vevera Passed and approved this 25th day of January 1977. 1AAAM C. Mayor ATTEST: 1&_'� t =;�&� My Clerk RECEIVED b ?.PPROVED By THE LEGAL DLPARTMENT RESOLUTION NO. 77-28 RESOLUTION AUEHORCZING EXECUTION OF AN AGREFifNENT WITH HANSON LIND MEYER, INC. WHEREAS, the City of Iowa City, Iowa, has negotiated an agreement with Hansen Lind Me er Inc. , a copy of said agreement being attachedto s Resolution and by this reference made a art hareo, and, WHEREAS, the City Council deans it in the public interest to enter into said agreement for design of the Architectural Barrier Removal Program and construction inspection of the Civic Center Chair Lift, Library Chair Lift Recreation Center Elevator Recreation Center Curb Cut, Recreation Center Front Door Entrance, and Recreation Center Locker Rooms. NOW, THEREFORE, BE IT RESOLVED $Y THE CITY COUNCIL: 1. That the Mayor and City Clerk are hereby authorized and directed to execute the agreement with Hansen Lind Meyer Inc. 2. That the City Clerk shall furnish copies of said agreement to any citizen requesting sore. It was moved by deProsse and seconded by Balmer Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X X X X X X X Passed and approved this I ATFFST: City Clerk 1-10110510' dePROSSE FOSTER NEUHAUSER PERRET SELZER VEVERA 1st day of February _, 1977. the k -M Ey 7.he ErCa3 ACREFME NT This Agreement, made and entered into this __/ a-�_ day of 1977, by and between tiie City of Iowa City, amuniu-mac— pial corporation, hereinafter referred to as the City and Hansen, Lind, Meyer, Inc. hereinafter referred to as the Con- sultant. NOW, THFREFORE, it is hereby agreed by and between the parties hereto that the City does retain and employ the said Consultant to act for and represent it in all matters involved in the terms of this agreement. Such contract of employment to be subject to the following terms and conditions and stipulations, to wit: Consultant shall not commit any of the following employment practices and agrees to prohibit the following practices in any subcontracts. a. To discharge from employment or refuse to hire any individual because of their race, color, religion, sex or national origin. b. To.discriminate against any individual in terms, conditions, or privileges of employment because of their race, color, religion, sex or national origin. I. SCOPE OF SERVICES The City of Iowa City has identified various architectual barriers which hinder and/or inconvenience Iowa City residents in their attempt to use various municipal buildings. Six specific projects have been identified for correction. These are: 1. Civic Center Chair Lift travelling up the stairs. 2. Library Chair Lift travelling up the stairs. 3. Recreation Center Elevator 4. Recreation Center Curb Cut 5. Recreation Center Front Door Entrdnce 6. Recreation Center Locker Rooms Each project or group of projects will consist of' (1) a Preliminary Phase, (2) a Design Phase, (3) a Construction Phase. The services required under each phase are further defined below: Preliminary Phase - This phase of each project will define tFle exact work or to be done. The Consultant will confer with the City to review the basic work plan proposed by the Con- sultant, and the Consultant will inspect job sites #1 and #2 in conjunction with Public Works Director, and #3,4,5,& 6 with the Parks and Recreation Director. The City has prepared preliminary sketches for project #6, and the Consultant.will obtain and review these plans. In this preliminary phase the Consultant will prepare one set of preliminary design sketches to be submitted for review and approval by the City. The Consultant will advise the City of the technical feasibility of each project.If a project, as outlined above, is not feasible the Consultant will provide an alternate recommendation; ,however, such recommendation will not include detailed studies. The Consultant will advise the City on a grouping of projects for design and bidding purposes. Preliminary cost estimates for the projects will be presented. 19 page 2. Design Phase - After City approval of the preliminary design and cost estimate, and upon written notice to proceed the Consultant will begin the design phase which will include: a. preparation of detailed contract drawings; b. preparation of specifications, contract documents and final est5mate5. The Consultant will insure that the contract -documents meet all requirements of the'City's affirmative action and equal opportunity program. The Consultant Will coordinate with the 1111man Rnlatinnc Department to insure that all required non-discrimination and equal opportunity statements or affirmative action Programs are included in the contract documents. C. furnishing the City with -three (3) copies of the specification and contract drawings for final review by the City. d. projects 4 and 5 will be constructed by City crews. The Consultant shall prepare plans and specifications only in sufficient detail.to allow the work to be done by City forces. Construction Phase - The Consultant will provide the following services un er t is phase upon written notice from the City for projects 1, 2, 3, and 6: a. assist the City in securing bids and provide bid documents for contractors; b. tabulation and analysis of bid results and furnishing recommendations on the award of the construction contracts; c, assistance on t1te preparation of the formal documents for the award of the contracts; d. consult and advise the City during construction; e. preparation of elementary sketches and supplementary sketches required to resolve actual field conditions encountered; f. checking detailed construction drawings and shop and erection drawings submitted by contractors for compliance with design drawings and specifications; and g. reviewing laboratory reports, materials and equipment. In addition, the Consultant will do the following field engineerin a. make periodic visits (at least once weekly or as often as necessary) to the sites to observe the work in progress and provide appropriate reports to the City. The Consultant shall determine the amounts owed to the contractor and shall issue certificates of payment in such a manner as to comply with the provisions of Chapter 573 of the Code of the State of Iowa. The issuance of a certificate of payment shall constitute a representation by the Consultant to the City that work has progressed to the point indicated and that to the best of the Consultant's knowledge the quality of the work is in accordance with the construction contract documents; ,� U Page 3 b. make a final inspection report to the City upon completion of the project; C . the Consultant and the City shall discuss interpretations of the requirements of the construction contract documents. The Consultant shall have the authority to act on behalf of the City; however, final decisions on any matter shall rest with the City; and d. the Consultant shall have the.authority to reject work which does not conform to the contract documents. The Consultant shall process change orders. Change orders shall become effective only after they have been signed by the City's representative. -Special Services - Upon request the Consultant agrees to furnish special services. Such special services may include: a. technical observation of construction by a full-time resident project engineer or representative and supporting staff as required who will observe the work for compliance with contract documents, and provide drawings of the completed projects; and b. assist the client as expert witness in litigation arising from the development or construction of the project and in hearings before various approving and regulatory agencies. C. soil testing services. II - TIME OF COMPLETION The Consultant will complete the phases of this contract within the times ligted below: Preliminary Phase The Preliminary Phase will be done within thirty 3.days after signing of this contract. Design Phase The'Design Phase will be done within sixty (60) days after completion of the Preliminary Phase, and notice to proceed from the City. Construction Phase The Construction Phase should be carried out in a prompt manner. Exact time periods will not be stated since speed of construction depends upon factors over which the Consultant has no control. III GENERAL TERMS 1. Should the Consultant or the City terminate the contract, said Consultant shall be paid on the basis of Direct Personnel Expense rates as herein attached times 2.5 multiplier for the various classes of personnel actively engaged on the project for all work completed and for all work and services performed up to the time of termination; however, such sums shall not exceed the "not to exceed,, amounts listed in Section IV. Either party may terminate this Agreement upon thirty (30) days notice. 2. This Agreement shall be binding upon the successors and the assigns of the parties hereto; provided, however, that no assignment shall be made without the written consent of all parties to said agreement. 1 ' page 4. 3. It is understood and agreed that the employment of the Con- sultant by theCity for 'the purposes of said project shall be exclusive, -but the Consultant shall have the right to employ such assistance as may be required for the performance of the project. Said Consultant shall be responsible for the compensation, in- surance and all clerical detail involved in their employment. 4. It is agreed by the City that all records and files pertaining to information needed for said project will be made available by said City upon request of the Consultant. The City agrees to , furnish all reasonable assistance in the use of these records and Mos. S. It is further agreed that no party to this Agreement will perform contrary to any State; Federal or County law or any of the Ordinances of the City of Iowa City, Iowa. 6. The Consultant shall attend such meetings of the City Council relative to the work set forth in this contract as may be requested by the City. Any requirements made by the above named representatives of the City shall be given with reasonsable notice to the Consultant so that he/she may attend. 7. The Consultant agrees to furnish, upon termination of this Agreement and upon demand by the City, copies of all basic notes and sketches, charts, computations and any other data prepared or obtained by the Consultant pursuant to this Agreement, without cost and without restriction or limitation as to their use. 8. The Consultant agrees to furnish all reports and/or drawings with the seal of a Professional Engineer or Architect affixed thereto where such seal is required by law. 9. The City agrees to tender to the Consultant all fees and money in accordance with the 'schedule that .follows except that failure by the Consultant to satisfactorily perform in accordance with this Agreement shalt constitute grounds for the City to withhold payment in the amount sufficient to properly complete the project in accordance with this Agreement. I 10. Should any section of this contract be found to be invalid, it is agreed that all other secitons shall remain in full force and effect as though severable from the part invalid. 11. Direct Personal Expense for the purposes of this contract shall be defined as hourly wage plus retirement and fringe benefits. Said Consultant shall, upon demand, furnish receipts therefore or certified copies thereof. 12. Records of the Consultant's Direct Personal Expense, Consultant Expense and Reimbursable Expenses pertaining to the Project, and records of accounts between the Owner and the Contractor, shall be kept on a generally recognized accounting basis and shall be available to the Owner or his authorized representative at mutually convenient times. 13. All reimbursable outside expenses are in addition to the fees for Basic Services and include actual expeditures made by the Consultant, his employees, or his consultants in the interest of the Project for the following incidental expenses listed: a. Expense of transportation and living when travelling in connection with the Project, for long distance calls, and telegrams for extra -ordinary work requested by the Owner. b. Expense of reproduction, postage and handling of Drawings and Specifications,,excluding copies for Consultant's office use. Ja page 5. C. Fees paid for securing approval of authorities having jurisdiction over the project. Fees paid by the Consultant for special consultants employed with 'City's approval for services other than those defined in this contract. 14. It is agreed that the Department of Housing and Urban Developmen the Comptroller General of the United States, or any other 'duly authorized representative shall have access to any books, documents, papers and records of the Consultant which are directly pertinent to this specific contract for 'the purpose of making audit- examinatio: wxcerpts and transcriptions. IV COMPENSATION FOR SERVICES. The City agrees to pay for services stated in this contract on the basis of.the following fees: Preliminary Phase - the Consultant shall be paid a -fee based upon 75 x Direct Personal Expense. The total fee -for the Preliminary Phase of all improvement projects shall not exceed Design and Construction Phase - the'Consultant shall be paid a ree based upon _ x Direct the Design and Constructifee for - Personal Expense_ The total on Phase shall not exceed total Dee Special Services- for work done by employees of Hansen, Lind, Meyer., t e Consultant will be reimbursed at a rate of 2.3.x Direct Personal Expense. For work done by subconsgltants, Hansen, Lind, Meyer will be.reimbursed for the actual charges made by the sub -consultant to Hansen, Lind, Meyer: GENERAL 3 - -The Direct Personal Expense of all personnel classifications associated -with this project shall be attached as Exhibit A. The City agrees to reimburse the Consultant for outside expenses at cost. The Consultant shall furnish receipt of all outside expenses upon request. The "not to excee.?!' figures listed in this section refer only to Direct -Personal Expense and do not include reimbursables. Re- imbursable expenses are abo'-e and beyond the "not to exceed" figure.. These fees -will be -billed and due payable monthly with each billing the Consultant shall -list the individual, the hours worked, and the hourly rate. Billing shall be broken down into the following catagories: Preliminary Phase Design Phase Construction Phase Special Services Reimbursable Expenses page 6. All provisions of this Agreement when not specifically defined shall be reconciled in accordance with the highest ideals of the Engineering and Architectual Profession. The undersigned do hereby state that this contract is executed in triplicate, as though each were in original and that there are no oral agreements that have not been reduced to writing in this in- strument. It is further stated that there are no other consideration or monies contingent upon or resulting from the execution of this contract nor have any of the above been applied by any party to this Agreement. FOR THE CITY: ATTEST.' FOR T E CONSULTANT: r �. i 14 RECF ED 2, "VED BY TED I.e.v���o }`�.� tIT RESOLUTION NO. 77-29 RESOLUTION ADOPTING THE "NEIGHBORHOOD REDEVELOPMENT PLAN" DEVELOPED TO MEET REQUIREMENTS OF CHAPTER 403 OF THE CODE OF IOWA WHEREAS, the City Council of Iowa City, Iowa, has recognized a need for rehabilitation, conservation, and redevelopment projects to be implemented in some neighborhoods of the City; and, WHEREAS, a project area has been designated as appropriate for such rehabilitation, conservation, and redevelopment; and, WHEREAS, a "Neighborhood Redevelopment Plan" has been prepared and found to conform to the general plan for Iowa City; and, WHEREAS, a method exists for relocating any family permanently displaced by activities of the "Neighborhood Redevelopment Plan"; and, WHEREAS, a public hearing has been held by the City Council of Iowa City, Iowa, to review the desirability of the proposed plan: NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA: 1. That the "Neighborhood Redevelopment Plan," a copy of which is attached to this resolution, and by this reference, made a part hereof, is hereby adopted. 2. That the Mayor is authorized to sign, and the City Clerk to attest, this Resolution. It was moved by Perret and seconded by deProsse that the Resolution as read be adopted and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x deProsse x Foster x Neuhauser X Perret x Selzer X Vevera Passed and approved this 1st day of February 1977. ATTE Mayor City Clerk ' RECEIVED & ArFRO':,n BY THE LEGAL D PARTI,MT r<'HS 1 (-'3(,-1 p! FAII 11 Lr j p --79 ri %V Lj LA r- - TABLQ OV Arca W-scription..............2 Progrm Plan...!..............s 103 Procedures Sumary........ 7 - Maps: Planning Area.................9 Residents' income ............ 10 Parks and Schools ............ 11 Land Use.....................12 APPmdix: BwJWramd Infomtion....... 13 0 0 W • ^=SEA CMECRIPTION I GEOGRAPHIC DESCRIPTION An area bounded on the west by the Iowa Rivett, on the south by Highway 6, then north on Sycamore to the Chicago, Rock Island and Pacific Railroad, then southeast to First Avenue, then north to Court Street, then west on -Court Street to Ralston Creek, then bounded by Ralston Creek on the east to the southern and eastern. limits of Hickory Hill Park then north through HlicKory Hill Park and Oakfaad Ceretery, then west to the north of the lots on Dodge Street and Out lots 15 through 19 to the Iowa River. SOCIAL EWiROu4M- 1. Community Facilities and Services a. Schools: Central Junior High School, Henry Longfellow nts Elementary,emen Horace HaElementary, Henry Sabin,' Iowa City Catholic El Uaiversity of Iowa, Hark Twain Elementary tom, b. Neighborhood Parks: Court (Hill, Creekside, Market Square, Benton Street, HW" Hollow- Hollow, Hickory Hill. College Hill Park C. Oder facilities and services: Public transit is within easy walking distance of almost all residential structures, the residents. m anCity of Ioxa City Police and fire statim are in the Planning area can emsily mems 2. Employment Centers and Commercial Facilities Thr following major facilities service this alaeaa- oleo: Hhiveesity of Icon. Central Hess District7�-ce.ct sdao�re area, "oil Shamint ® CentCy, Sd8rl7' Hk+spisp:tal, and Ser.era, neighhu.rlazcd 1gracery StoTts. Major emplonlent loaatio:Ls of project area resideats ham nat been detevw4minj mar is the infffimmtioa :railable. PiLTSECAL Et'�1Re7U1W 1. Cal aa! Climate ?rn'lect area .domains ticcee major sail series, Donal, Silt Iii -a?rrte Silt Llama (d63) aoi a Cola-Elv l-omples (ll). te =ms's s zLs ;=r-�Icst of modermtely dark colorer!. Wen dla.ined, SiLtr s=u:. err-ievel»ceL ut Loess uc ku- hath forest :and press vegptaci^n. 'e t°e �rairne-forest•ecg�ivaCent of Tuna soiLs. Ihev hmtnea vmrx E ,Urk nrwn silt lan .%.!. or aJ>.1lrfaie layer. '111e• subsoil is dark brown, noderatcly peracahlc, silty clay law free of mottles to about 30 to 36 inches. The substrattw is leached, mottled yellowish brown, silt loam. fhe lKnals soils occur predominately on gently sloping to moderately sloping land (2 to 91) and are subject to erosion. The general urban developability of these soils is good to fair. 1 'Me Fayette series consists of light colored, well drained, silty soils. 'they formed in loess under forest vegetation. They occur on convex ridge tops and gently to strongly sloping sideslopes (2 to i4%). Where not eroded, they have dark gray silt loam surface layer 2 to 4 inches thick; a grayish brown, silt loam subsurface layer, or A2 horizon, 4 to 8 inches thick. The surface and subsurface layers may be partially or completely removed by erosion. The subsoil is yellowish brown, moderately permeable, silty clay loam. The substratum is yellowish brown silt loan with some grayish mottles: The general urban developability is slight to severe as the slope dictates. Colo -Gly is a complex of the black, poorly drained Colo and the very dark brown, somewhat poorly drained Gly soils. This complex is located in the relatively narrow upland drainage wars. The Colo is in the center of the delineation with the watercourse running thram;gh it and the lily occurs in narrow bands along either or both sides of the footsiopes. These areas are subject to brief flooding. These soils present severe limitations in their development for urban uses. farts of the Ralston 17eek flood plain are fount in the FLAIMlitation Areas. Ralstcxl Creek is a i,Wo acre (8.75 sgware mile), watersh_vd a,1 the enot bang tributary of the Iowa River. It flows through the p">s'1 p_,k,3 in, a westerly directiaa. Approximately 50 percent of the h tersilLl, area is urbunized :U I, 50 percent is is agricul.tua-al uses. 1'Ce urbca.c land use is in the db%!n3.rr.=1 t9e' wlttera'a-d- It is the coLtiunrLq- LL—eLLuia_nt our t'.: u^urr y-tLr_'`h! tivat F.;s scmted an in--recv,:d Erequency 0 floLilintd to er 1•• ,',': w: Pr 'T �y.c.strc,n. "M pilot p:roltr�'u :ire in. tb_is 01,lQr 1>,,_t „�' tl•:: ci.t••. Iftnt L1 tie project area Ls 41oug RwldLll Slrver frL-t '+;--i i.!t.t. to 111scatiau i. time - ResL.ielstLaL structures suft'Lrjug the gremtL.Wt st uwn.t of Cloud •.,.o-I,e are chase structures which en touch on trhe B1n>rnitvay. i%tLLLLfL .lural UturyL Areas .cc 'fe-J� are ,Lrhanl_Lzd ui.l thereforL nut vahmblr .vi .1 hld+itat I'or ,or !a Chiu have curd-turi)ud nat:u,•:11 venlerari .n cuvl:r within r1Mu1• hQ rales it" uc[a*that LID cxL'it art• of dive L.1pnlLnle L,d u1L Ludt_ the Eq 11.my t 11)t, t nn rgt i ra 1 ilvresr ianag.t? uv .ketch 'cin ai.ieusc), parks .and grcrn n•nr•,, vrµetable -� :- nye i,L-''iQlls. ;n:d LnCLr4[LtaL J1r:L4YL.Lld:i 1'PVLVate•1:119114). 11 LxL t 1Lvlg Ral.stun t.reek. Hast Of tlir't vrltaetnT.ie:n is :1 '1 x- Leal nsL-*.� of heavy weed cover, yPrtb:t, rinl u11 terry.. in P -IN dL9 va.kvible onfU r ami 1't !•ql[t• for ^Troll. -�_.�••n-i_. .- ,-;, >•-:a !L. u., aea::krat�-�yuirri•fu r•::•itlrn •v -•a•! hln;l9 _r^ea vt 1:. 1:'ern L".tent •: rr.•._11 c it IJ1 d us not r!t_N 11pliric Uri 1• Lrncr�ll. 19ter ,ora _ •-c_. .. ,r [11L 1tJW- ,: LLI*e WhL.am tri:abIr tate crv,:h. i I. r E 3. Surrounding Land Uses The nature of existing land uses within this area is mixed. land use intensity is greater in the western part'of the planting area as it is close to the business district (i.e., multi -family and commercial). Tko neighborhood parks (10.9 acres) and two schools (Central Junior High and Henry Longfellow iElementary) serve this area. Typical single family housing is .old, "70 years. i i I U PROGRAM PLAN MALS AMI C111JFFIVFS 'Under Uiaptcr 403 of the 1975 Cale of Iowa, a comprehensive neighborhood improvement program has been established. 'Ibis program will utilize any appropriate private and public resources to eliminate slums and urban blight and to encourage needed urban rehabilitation. This program may include, without limitation, provisions for: prevention of the spread of blight by enforcing housing, zoning, occupancy controls and standards, and by encouraging rehabilitation and renair of deteriorated and deteriorating neighborhoods. The program will support neighborhootl rehabilitation through a amber of activities. Financial and technical services are of particular significance to achieving these objectives. FINANCIAL ASSISI'AN M Way times low and moderate incone owners final they are urmble to wet partratrtg repair and maiwteuan e costs. If they fund that this is the least eapeaative avaii- xbile structural alttervative, they may be talcratirtz .;^•i ignoring 5ubi5taa>d!<wd camillitLom to retain in afferd4-Me quarters. The aredhA- iLitatian rronywiz will provWJl.t� �fir.:acacua,U assistawe to pair for 1mprovem :ts which, will bring the struiz-ware up toV�Y, safe, wd saaamy coahttocs. The program may us-- granas, Beams, aaadJor mQllcr Uil]IMCImL MLaana itilich are cecessaar and are taxIBU to acdiieve the uvaa.L's, of rJ1e mdtablUeation project. Ctaa*s: ;crag be afferie-1 to Loan iai;=L prt:perty owners. rhv nr"hmm a=nt of the T;-dnt3 riLL be bused on previous experLencL of ezf:,r projer:ts ami. GIM L,zra� L y^-ELLLty of th. itrw:ttarLs ea•.L•OWat V J� 1.n 1110+! ,.11 "i,111 -! urea. i'taa ameirt a:' Oil: grant iaa and.Lua:,lLwl ¢aaa:s 3111I,LL depmtd, ott tfty v,aUU.2 Of antrid rctiltired to briarl tf i- wb#eltiang sato ai decent, sai!e and saun.LtuLav CWHILtiIM. p:.uinm ince1 b cfl"ertNi to LLyILbLL mwaer4 wllo :are is I'MM ci' 1•inluaa:i3l ZraiiCBn&•a 'or taLnl}_!una:e work. I']L ma;tz"am Lunn ,amount 4haL1 h, ,h•r.•tmi.aed bazar, ! art atl� r i •arugcams' tmNraenLe .Lad, tthe existLag atraautural condr.taan; aithin the doatuintrA LML- "ICIRiIi�U. ,1Nll aT)lz�l7i1.9.-1'111 ;�3 Sl'.lthlta:.4 "'ae-ar•:grum w.ILL�at•'fer, a .LdditiUn to p,crtinunt Ind necessua,ll• finuan:zrlm Srrvic7n, vna-:ver z:ni3trixtu:n ind,'or ipeta,al tuclin.u_al 4a•rvit:e Vhut is ,dam L-1 raate.:anva.^v _:e 7.LL n13IM;.1.naCLQn of diL .irui raflubilir.it'ii•n ITmiva:r. i1ievs tSe:l'alII.s.:.al t..•r�l i�eK q:.Ll jLner-LtIv nic aaduptLtd orduiances .aud,'ur nAul.am Laanti M Qat-:011LInh :_ n:3�'•.L" :..la (�1 tvL.;.:el L°4 rbese guixdul i m., w.i L L rltrn IiL ntic d in ltna7natwtj-Un twith .:ca.:.�• aa:eLnr�1 ^r:awr•icL1 to pur4uu itrLtuna a•tallnlaLl•atar,lun. r - L' In addition to city standard -specified work, the rehabilitation program may also perform work in such areas as energy conservation, fire detection, architectural barrier removal, and others which are not specified but are considered necessary and lawful to make the structure decent, safe, aryl sanitary. I MIER ACTIVITIES Activities carried out as part of this program might include development of a neighborhood improvement resource center, property acquisition -rehabilitation- disposition, site improvements, systematic code enforcement, planned neighborhood development, and/or any other activity deemed necessary and authorized liy'law. .:4 . y. - '.-i{1. L2Wter 403 of the 1'175 talc• of lora, -is amnwkd, antlx+rizcrl cities to exercise 'ttrhan renewal project powa•rn" and certain other rKwrs for the rehabilitation and redevelopment of blighted areas. Certain ptbvisions are to he fulfilled in order to exercise these powers. These requirements are underlined, followed by the method of satisfying the requirement. ' 1. Resolution of Necessit,-findir� That Slum or B1i kited Areas Exist in the ZamtinatZ�ix limt Rehabrlitatton, onservatii5 eve clsnent or a ZPanataon�f is Necessary. The Resolution of Necessity (76-447) was adopted by the City Council on December 14, 1976. 2. Resolution 1letermini That the Pro 'ect Area is a Slum or Blighted Area ora Combination ereo propnate or an ran enewaProject. The Resolution designating the area as containing slum or blighted areas and appropriate for a Neighborhood Redevelopment Project (Urban Renewal) was passed by the City Council on December 14, 1976, (76-447). 3. Prepare a Plan for Urban Renewal. The nlan presented in this presentation summarizis. the City's intent to c®prehensively evaluate neighborhood problems and implement tedevelopwnt PrPgrms- 4. PLarain2 and Zwtitr>, Commission Reviews the Tt--- :eiySSortraod !'.c.+t>.reloq=nt Plan was reviewel by the Plaraiing and ?nvba Ccra;esion 3a==ry 6. 1977. *itten teccwenl tiaes :are to be sulmitted to the City (.rareil noun t9ereafter- 5. Public Hearing NO.rst Be HeLd. D P-61 tc hcari krs hive been be-Ld for each of the Cu-Tmun-ity Devrlormcnr, Bloedt �riit ar-�liativas k.L-a tttctil to the U.S. Ue1+nrLiier.t r?I' Mous in;; all UtLYrma . reLcpwat in L4'5 ial LS7b. ,In .ald:itiun-al 1-u"Lic L_K•ring w.i.LL be held to Its--co-s this particular origbborhooS improvem:nt pL.n. i-orvvai, of the UrL,= P�—aewl (Neigbburhood FtcderelaTa;nt) Pima by the CiimR r *-1:t kz--er a G "; 'Mat: a. t reastbie m tiaai eiists fur reLucati'ng families ' iLL fwuL'ies and LndiviSu,aLs from the +men wiLL be offered di-.nt, set iti s•zttary within their matins avd. with= nn w Iwrd- -2 such famiLirs- �J C b. Idrdiel Jyrhaad W�larelii tint 1'lin C(NI(Orms to the geWral plan 't1a Plan rill Ile found not to be inconsistent with the trehensive Planning and development of las City. The Resolution approving the Urban Rer&M (Neighborhood Redevelopment) Plan will be Presented to the City Council'for adoption following the aforementioned procedures. If the City desires to modify this Plan, it may.do so after holding a public hearing on the proposed change in -accordance with applicable State and local Low. W ILWI ii • I/ d f� Y T n,quer llmrp gips.,.♦11 Ts 11 ..•li ♦ '[fannat Junior Narll 171 M dearer. M I (3ar♦aYr IW~ 0 CN Nrph /9b Mmrgr.wil l av„ar a ew,..r_ C "O W1 s70D1 caw" * 4 r,r11 Park ewe4�aea awn *.,., D Nawa am ss'eaa A.e 4 e: rAtrya rrenin P*a'Q4srr,ny.,re a w•4lra F Lemwaa 3100 W**Wgina 51 C czw: Ala P� -'Ws o.,e..ea W A : L neOM 7011 Tor CwA 7 Crs: dd Para A", 9..w d a Da 19 kr Sue" eaeu Ga.ra G Longlaliow 1170 Sav,i.oie Aima A C C,ctLs,Gm Park lr4o. i, a ser A. 20 Steign reery 5.a.1 R.e.wle Or— H Lucas 930 se.ra.la.w. Ores i9 E'.m Gdare Put mi a a pi„e Sk 21 Terri kY al De4..e,W a Tar Sped. , 1 3Aann $21 M Dodge s1 -)0 rurrseddoms NCasse+.lsay 22 Val lsra-ageaa Ss.uai J Regula High School Rocnewa eaanw )I ( ki - dale Gsv-eu* no - E ft woi, 6 23 Mllow CreA I +mea. il*. oo K Roosevelt 724 W som. sl y2 Happy Hollow air+.. rm a Goo A 21 L'bra-Parks L Sabin Sas S orrb," 24 3. Hxks=y Wf Da.*.mn a leHighland I6yM r Aw a HighlaHa6 mea -A M Shimek 1400 GnaW q. ' 4 1 -FO Snip East d ACT b. Tower Cour Tyr Co"n N Southeast Junior High 15. A:ercer, Leroy S. aadtord a po , 25. South Central Taylor Or" 2501 s,mdfwd Ot" G. Mesquakie South 26 Northeast hrnoeton Road O. Twain 1355 Dero•er. Aa* ' 7. k. Market Square ra„ohad a Johmoo 27. Recreation Center 220 5 Gdben P. Vilest High 2901 Mehou A,r 8. Oak Grove Gape Srreei 28 West Landfill Wesi of Morena+ Trak, Rd 0, Wood 2350 Seeamorr Sl -- \ in....... r0 14 r J M 21 w.a acyl Y 17 A 0 r OH G JT2 18K v. 0 r OH '1414%0 VCUG.GW —ft-jo.-rolue raft. F I _: -�-5 L:-:,=—PuRou1r- AAM .......... ......... . ...... ..... ............. ................. .... ...... .... ............ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . r .................. ........... ........... ....... ......... ... ........ .. . ...... ....... ........... ........... . . . . . . . . . . . . . . . . . ......... . . . . . . . .......... .......... --------- ------ pF, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .................. k ..... ...... ------------ ------- - ----------------- .................... . ....... ....... p, I _t-Ili6 fa alder to better unserstand our Leals and objectives for property Rehabilitation, let us review some of the old Federal programs that precnled block grant funding and in so doing attempt to understand the development of the philosophy of "Rehab" and the governmental supporting role. Rehab is not a new program. It has been around as a federally funded program since the 1960's, however, the approaches used in early renewal efforts differed consider- ably from present goals and objectives. CITY DEVELOPI4M The establisheent of cities as centers of trade or transportation resulted in a clustering of structures forming a Central Business District (CBD) or a downtown. Since the CBD was one of the earliest recognizable elements of a city it became the first to show signs of obsolecence and deterioration. The citizens looked at their CED as the Heart of the City and when the "lleart" became old and break group concern pressed for means of revitalizing the heart to lxamp new life into the entire city. CITIES INITIATE RENEWAL The Federal government responded to the request of cities for aid by developing Urban Renewal programs for blight and slum elimination. Early planning methodology stressed that old is bad and new is better, a sign of health and vitality. Old structures were acquired, torn down and some new buildings built in their place. As the downtown became "rcneu4' concern was voiced about the blight surrozAina the new dercitown. The areas of concern were traditionally the oldest housin,Z aY the city that through years of changing ownership, occu nncy ani eur nds for maintenance resulted in a cluster of old structuaes, lcAing sodern conveniences and amenities_ These older structures were lar„ nrglecte+l in raintenance rad therefore were not considered as desireable housira by citizens who carld afford better accommodations. Agaia; the planning and rcre appreach was to tear Jcnn the blight and tense tIt_ lani for,mare suitable and economically more profitable use such as expanding tbn- CED area_ 4any of the early renesal efforts were in the older large cities of the U.S. i antic pressures of full development of these cities b.e-En.to infbiemL pla= -rs to pressure for saving older structures. The fforarsy nnw heusirg of the eastern cities lent itself well to r:eservati®. arlur3 that o1.3 is net xcessarily had and Eirorean cities have viable hce,sirj; t'.at is centuries 671 tel Ohe American "throw away" culture cannot be applied to urban problems. F�racticicreers loosed at the old row housing surrourOing the CrO ani d_veloped proms to restore the existing architecture. The program were expersivo, ant 13 monied irnuistcvs were ztirrHg-;nmticipatire. Tier Tvarml rmrrTmmt Provided Irn.er than markat Lcams cox"er sectitao _20 of the liaising Art. 7.r_ rrtults +�-re Mazu:.s. k7lere cn.:e sl:am eaisted, ue rxar saw cleaned brick structures, corper Bitter systema, ornm=ntil iron work, shatters, Grass )&;.terms. trick poveng and gracious interiors- heading resources, at gLver ment sponsorship and financing -- not for the poor or middle class, but for the upper ineone people. From slum to posh. Ghetto to Georgetown. WHAT ABOUT THE PBQPLET Little governmental concern was voiced regarding the people that lived in the renewal area. The philosophy of renewal, in force at the time, work on the premise that if we eliminate slum housing, the occupants of that housing will on their own seek out and find decent, safe and sanitary housing, liconomics were not considered, and the poor had little political influence to change the trend. As this pattern became repeated through even larger circles around the CHD's and in city after city'. the frustration and anger of the displaced poor became heard in Council chambers and Congress and the chants of "Urban Renewal - Negro Removal" became an issue to be dealt with. The Federal government modified'the Renewal structures to obligate cities receiving Federal assistance to offer relocation assistance to displaced fa3ilies, and to change the planning so as to conserve more housing and minimize clearance. COKSERVATION BECOMES REHABILITATION The Federal goverraaent now instructed cities to control the constructive standards an their preservation programs to assure that the minirnm rcquirements of Decent `_'..ate arid Sanitary housing are met by requiring local governn:.iis to adopt housing --z.3 arildin3 codes. 'Io furth--r assure a more lasting rcliabilitatim effort, the 3..s cz e reviemA for content (workable progrc.a certifie.ctit n) an l if fourl to Ie=.t or i-zk in some area, aDligated cities to inco_poizte within Urb+n ,.1 plans, Property Rehab i•litation.Standards (PPS) ueiie& o92igcted awn-trs to t }v1i code in repairing their structures. Fin_reeial incentioes to owfmrs c , frm Federal rehabilitation grants under Section I15 a -U low interest Iocg tern loans under Section 31: of the housing Act. [a Ie "MNIM14=399ur t•r Fzierat experimental a;preach was the 3evelolmmt of Concentrated Cade prch-r=rs (CE 117) k&ich were intertdeed to deal not with slun eliminn.tiaa, :e .aa:.+lent t R.Tte�ia2 efforts by permitting a city to recc^ivr. Federal fin= --irk _ :�-re to a r>zig_Sar'rreod b inning to show physical sign`: of drteriiaration. -:,-ZTn .ne='ai.:�Icg)r was to concentrate. rithin throe years, h_-a.usirg cafe e_:er:s rrthin tl�t neighborboai to arrest he dccliae and stabilize r _. �.=_+'eral nchaG loam and grants were 3rriishT: to prLprrty ctrnzrs, ire :ity -'culd vra:i.de capital improvevnents, but no•clear_rt_e. 'rlue proygran 14 M ^ d l df t22:. i M M wxs desig23d to arrest lli&z ad to assaae relocated eitizers of other Renewal arresa, decesat, safe and sanitary housing resources within the community. The ]angTm eloatnts +.fere sand, but it never achieved much success mainly due to federal baasing officials rejecting funding requests from cities as being in "too good of an area" ad forcing canmmities to attempt to use the limited program benefits in areas of housing deteriorated far beyond the scope of the financial and envira'ental supportive tools available.y Housing Renewal wasn't working. Concentrated Code Enforcement wasn't permitted to work, so the Federal government tried something else. NEIGFBORMOD DEVEIARMU FROGRPMS Old urban renewal regulations required a long period of time from the identification of an area as requiring attention, to the actual receipt of Federal dollars. It was not unmsmi to see five years pass before renewal activities began and seven or more years before completion. Some cities today are laboring in Renewal programs that are 20 years old! The effect of this process was devastating. Instead of upgrading a neighborhood, the decline of neighborhoods was accelerated. n mcrs would refuse to maintain their properties because of the possibility of acquisition in the future. M=rs of bulldozers coming caused residents to leave and stable re -occupancies were difficult to encourage. Projects that were conceptualized as Rehab neighborhoods deteriorated so completely that by the time of project execution they shmad hens been reclassified for clearance programs. Neibarlmod Development Programs (NDP) were designed to undertake plaonirg am execution simultasossly and were forded on an xm=l request basis. dlith=a�l nelatbely short lived, the program began to zrhieve success by irnolvirg t'L citizens in the decision making pgocess and by focusing in an neighborhood p;eblem plviry. rehabilitation of existing housing, and prodreing results in relatively j ®mart periods of time. In 1914 the Federal g rezrment decided to discontinue categorical fualirg of i ia�dri&a1 projects s-Dch as ACIP ani instead allocate suns of money as )damn Gr=s to comma hies. Cities in turn could then design cal i-npltment programs suite:: 1 to their local awls and utilize the Block Grant monies in a more innovative and enxpeEciais raa:Me . Ln F• 1476, thse City of raw& City began receiving Stack Grant funis (PAZ). Si.ase :.`area bui:aets have been established for each of the yearly altocations• Resp 'beg to citizen arni CoWlcil interest, funis have been set aside edch of etre first t_rce. tars. of LP,e fine }ear SIock Grant program) ro bz_ used far residential rrig9' •-- -j2cdn bilntstncn. rhe enabling legislation stipulates that I-LMM funds be t -sod law aril naitrate irw`ome areas of the City. is 1 RESOLUPION NO. 77-30 RESOLUPION AUTHORIZING RELEASE OF EASEMENT HELD BY CITY OF IOWA CITY OVER LOTS 295 AND 296 OF ONRa00DS ADDITION TO TILE CITY OF IOWA CITY, I0WA, PART 6, ALSO REPLATI D AND KNOWN AS PART 6B. WHEREAS, the City of Iowa City, Iowa, [hereinafter the Cityl possesses an easement over the Oakwoods Addition, Part 6, also replatted and known as Part 6B, Lots 295 and 296, as described in the agreement of February 9, 1972, between the City and Oakwvods Development Company, a copy of which agreement is attached to this Resolution as Exhibit A and by this reference made a part hereof, and WHEREAS, said easement was obtained to permit the installation, maintenance, and operation of a water main and to provide for its location and use, and WHEREAS, the intended water main has since been provided via Washington Street, and WHEREAS, the owners and developers of the property described have requested a release of said easement to remnve a cloud on their title, and WHEREAS, the City no longer needs said easement due to the provision on water main services via Washington Street. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IONTO, CITY, IOWA: 1. The Mayor is hereby authorized to sign, and the City Clerk to attest, a release of said easement, which release is attached to this resolution as Exhibit B, and by this reference made a part hereof. 2. That the Mayor is hereby authorized to sign, and the City Clerk to attest, this Resolution. It was moved by Balmer and seconded by Selzer that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: X Balmer _ X deProsse X Foster _ X Neuhauser X Perret X Selzer X_ Vevera Passed and approved this 1st day of February 1977. i Mayor ATTEST: City Clerk , RECEIVED h APPROVED BY THE LEGAL DEF TMENT SHB I / 17 EXHIBIT A AGREEMENT THIS AGRL UIENT is entered into by and between the City of Iowa City, Iowa, a municipal corporation, duly authorized, organized, and existing pursuant to the laws of the State of Iowa, hereinafter known as the City, and Oak Woods Development Company of Iowa City, Johnson County, Iowa, a corporation organized and existing under the laws of the State of Iowa, hereinafter known as the Company: WHEREAS the Company is the developer and owner of the subdivision in Iowa City, Johnson County, Iowa, known as Oak Woods Addition Part VI, an addition to the City of Iowa City, Iowa, according to the recorded plat thereof recorded in Plat Book 10, Page 67, Plat Records of Johnson County, Iowa, and WHEREAS the Company desires to serve said sub- division by water main traversing from the northerly end of Westminster Street as presently platted and running thence across unplatted land to the southwest corner of Lot -296 in said Oak Woods Addition Part VI as platted, and WHEREAS the City has agreed to install, maintain, and operate said main over said unplatted land for a period of time and on certain terms and conditions, and WHEREAS it is ;I:he desire of the parties to enter into an agreement to grant a proper easement to the City for the installation, maintenance, and operation of said water main and to provide for its location and use, NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS: 1. The Company hereby grants an easement to the City, granting and conveying to the City an easement for the purposes of excavating for the installation, replacement, maintenance and use of such water lines, pipes, mains and conduits as the City shall from time to time elect for providing and conveying water with all necessary appliances and fittings for use in connection with said water lines, together with the adequate protection thereof, and also a right of way with the right of ingress and egress thereto over and across the following described property, to -wit: A 50.0 foot wide segment of land, the south- erly and easterly.line of which is described as follows: Beginning at the northernmost corner of Lot 183 Oakwoods Addition, Part Three (3) which is a .-5-7 -2 - point of reverse curvature of Westminster Strcet having a tangent bearing N 66001' E; thence 150.0 feet northeasterly along a curve concave northwesterly and a radius of 454.0 feet; thence 616.0 feet north- easterly along a 2272.9 foot radius curve concave westerly to a point of tangency; N 31035' E 44.0 feet to Point "A"; thence N 31035' E 66.5' to a point of curvature; thence 181.3 feet northwesterly along a 178.8 foot radius curve concave westerly to Point "B" on the North line of the South one-half (SZ) of Section 13-79-6; also, a strip of land 10 feet wide, the centerline of which extends 156.2 feet from Point "A" to the southwest corner of Lot 296 Oakwoods Addition, Part Six (6); thence 176.25 feet along the common line between Lots 295 and 296 Oakwoods Addition, Part Six (6). 2. The Company further grants the City the right of grading said strip for the full width thereof and to extend the cuts and fills for such grading on said land along and outside of said line as reasonably necessary, the right to support said lines as necessary, the right from time to time to trim and cut down and clear away any and all trees and brush on said land as necessary or which in the opinion of the City may interfere with the City's rights hereunder, the right of ingress to and egress from said area over and across said land adjacent thereto owned by the Company, the right to install, maintain, and use gates in all fences which now cross said land, the right to mark the location by suitable markers set in the ground, and the right to operate and maintain said water line over and across said ground. 3. The Company will, upon the platting and sub- division of the adjoining area, guarantee that the location of the water line presently installed by -the City under this agreement will be such that, with respectito any paved street platted and constructed by the Company through said area, the said water line will fall between the curb line of the street and the sidewalk adjacent thereto, and in the event necessary, the Company agrees to move the water line to so conform. 4. The Company has staked the route of the water line and the grade to enable the City to install the water line at a level which will be five feet below the surface of the ground when final street grade is established at the time of the platting and subdivision. 5. It is agreed that at such time as water main service to Part VI of Oakwoods is available by water main thruut;h W:1:;11i11gLon SLreet AmhursL Street, L1lence, nor Oak Woud:;, Lhe connection Lh.i:; ;I;;rccmcnt may, at the near U.,- rear lot lines o' men f;. •.need hereunder ox, water main service to Lht will be by way of Washing than under this easement 6. It is agree(. casement, or any part the divided) the water main c -s- an•.tcrly to tht: intersection of :I.^rly on Amhurst to Part VI of 7; h the main installed under )tion of the City, be broken )ts 295 and 96 and the ease- Lhose lots t Leased, so that 1.k Woods Part VI Subdivision and Amhurs, Streets rather reement. yen the Ls sold, by thio with any additions or ext .,ions theret the Company or its succes:,ors to serve or areas abutting thereon, subject to i reas abutting this Matted, or sub- (greement, together may be used by uture subdivisions Ordinances of the City. 7. The Company does hereby c venant with the City that it is lawfully seized and possess -d of the real estate above described and that it has a good and lawful right to convey it or any part thereof. The provisions herein shall inure to the benefit and bind the successors and assigns of the respective parties hereto, and all covenants shall apply to and run with the land. Dated this day of February, 1972. CITY OF IOWA CITY, IOWA I / Byl Mayor Attest: /l:.c.� �( City Clerk OAK WOODS DEVELOPMENT COMPANY T EXHIBIT B KNOW ALL MEN BY THESE PRESENTS: Date: / , /'77 7 That the City of Iowa City does hereby release the following described property: Lots 295 and 296, Oak Woods Addition, Part 6, also replatted and known as Part 6B from a lien or cloud upon the title placed thereon by a certain contract entered into with the developer of said subdivision and the City of Iowa City, Iowa, which agreement was dated the 9th day of February, 1972 and recorded in the Office of the County Recorder, Book 377, page 315. That water main service to Part 6 of Oak Woods is now available by water main through Washington Street and that the easement granted over Lots 295 and 296 is hereby released. By: 1110,.t Mary C. Neuhauser, Mayor ATTEST: Ahbie Stolfus, City Cle c STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this /,, qday of j�� 19 -.77 , before me, the under- signed, a Notary Public in and for said County, in said State, personally appeared Mary C. Neuhauser and Abbie Stolfus, to me personally known, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respec- tively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said corporation; that said instrument was signed and sealed on behalf of said corporation by authority of its City Council; and that the said Mazy C. Neuhauser and Abbie Stolfus as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said municipal corporation, by it and by them voluntarily executed Notary Public in and for the S Iowa �O lee . p/_C RESOLUTION NO. 77-31 RESOLUTION APPROVING CLASS "B" BEER PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class "B" Beer Permit Application is hereby approved for the following named person or persons at the following described location: Silver Ball Ltd. dba/Silver Ball Ltd., 529 South Gilbert Said approval shall be subject to any conditions or re- strictions hereafter imposed by ordinance or State law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by Selzer and seconded by dpprn that the Resolution as re_a �e adopted, and upon r� call there were: AYES: NAYS: ABSENT: Balmer deProsse x Foster x Neuhauser x Perret x Selzer x Vevera x M r Passed and approved this 8th day of February , 19 77 6l m ' LL 6T' Ram enagaj ;o dvP aTqa Psetvd x azanan x zazTas x ;azzaa x zasnagnaN x za;so3 x assozgap x=S3x1! zaMTvg :xnasay. :SAVH :ezam exvip TTvo TTox uodn pug dpv;dopy rq Pv0; vv u0TgnT060g aqg gvgga� dq Popumov pug aazLOS dq ponom OWM gi •;uvmWxvdfa Tox;voD xonbTT PUV =Bag vhol eq; o; pesTnbes irwaw=P so uOT;v=O;uT =vq;o TTv Pug Puoq d40xng tea; asuaoTT Bqg ggTA =eq;gbo; wavo gqg Psvnzo; pug uoT;voTTddv aqg uodn passopua eq o; Tvnoxddv zo; UOT49pu0®Ooas v eunvo TTvge X2e13 447D eRs 'Aur 014vge so aauvuTP=o 8q pveodMT sa;;eaxaq su0T40Tx40ex xo 0uOTgTpuoo dun o; gogrgns 0q TTvgB Tveoxddv pTeS -anv euzgEosnw T££'C 'gaxaieK dzzeo pua gseo s,uogeas/aqp uo;Eas •g epdTo :suoTgvnoT PoiTzoveP buTAOTTO; 0q4 gv vu0810d zo uoa _rad pan= SUT^OTT403 0R; xo; peeoxdde Xgexaq CT voTgvoTTddy gT=Gd x008 ,-D,, ssvTO v ;vq; 'vbsoI A113 vmoI So nomnoo Allo alts ba a3A'IOssm SI 32 NOI,LVOI'IddK SIifd3d ?da3a uON smo 3o s"oudav 3o NOISIIZosa2I Z£ -LL 'ON N0IZMOszd A4 RESOLUTION No. 77-33 RESOLUTION TO ISSUE CIGARETTE PERMITS WHEREAS, the following firms and parsons have made application, filed the bond, and paid the mulct tax required by law for the sale of cigarettes and cigarette papers; therefore, BE IT RESOLVED BY THE CITY COUNCIL OF IC1WA CITY, IOWA, that the applications be granted and the cigarette bond now on file in the office of the City Clerk be and the same are hereby approved, and the City Clark be and he is hereby directed to issue a permit to dell cigarette papers and cigarettas to the following named persons and firms: Silver Ball Ltd dba Silver Ball Ltd, 529 South Gilbert i It was moved by Selzer and seconded by deProsse that the Resolution as read be adopted, and upon roll call there were: AYES: -NAYS: ABSENT: Balmer X deProsse X Foster X Neuhauser X Perret X Selzer X Vevera X Passed this 8th day of February , 19 77 63 RESOLUTION NO. 77-34 RESOLUTION SETTING PUBLIC HEARING ON BUDGET ESTIMATE FOR THE FISCAL YEAR JULY 1, 1977 THROUGH JUNE 30, 1978 BE IT RESOLVED by the City Council of Iowa City, Iowa that a Public Hearing be held in the Civic Center at 7:30 p.m., March 1, 1977 to permit any taxpayer to be heard for or against the proposed FY 78 Budget for the year ending June 30, 1978. The City Clerk is hereby directed to give notice of public hearing and the time and place thereof by publication in the Iowa City Press -Citizen, a newspaper of general circulation in Iowa City, at least four (4) days before the time set for such hearing. It was moved by Selzer and seconded by __that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSEM : _ X Balmer X deProsse X Foster X Neuhauser X Perrot X Selzer X Vevera Passed and approved this 8th day of February 1977 MAYOR CITY CJ.E,RK 112C,41-- f116 RESOLUTION N0. 77-35 RESOLUTION ACCEPTING THE WORK FOR THE FY77 SLURRY SEAL PROJECT WHEREAS, the Engineering Department has recommended that the im- provement covering the FY77 Slurry Seal Project as included in a contract between the City of Iowa City and Missouri Petroleum Products Co.of St. Louis Missouri, dated June 7. 1976 , be accepted, AND WHEREAS, the Council finds the improvement is in place and does comply with the requirements for such improvements, AND WHEREAS, maintenance bonds have been filed, NOW THEREFORE, BE IT RESOLVED by the City Council of Iowa City, Iowa, that said improvements be hereby accepted by the City of Iowa City, Iowa. It was moved by Foster and seconded by Perret that the resolution as read be adoptU,- and upon roll call ere were: AYES: NAYS: ABSENT: BAIMER x dePROSSE x FOSTER x NEUHAUSER x PERRET x SELZER x VEVERA x Passed and approved this 8th day of January , 1977. Mayor ATTEST: City Clerk Rcn1v3J & Apn r "31 By The 9s;,a9 ©znart:nanl Q_ I ENGINEER'S REPORT FY77 SLURRY SEAL PROJECT January 18, 1977 TO THE HONORABLE MAYOR AND CITY COUNCIL Iowa City Iowa Honorable Mayor and Council Persons: I hereby certify that the improvements, as constructed in a contract between the City of Iowa City and Missouri Petroleum Products Company of St. Louis, Missouri, dated June 7, 1976, has been completed by said Contractors in sub- stantial accordance with the plans and specifications governing said improvements. I further certify that the improvements, as constructed, included the following quantities: Item Description , Quantity Unit Price Amount 1 Aggregate 2 Asphalt Emulsion 3 Late Penalty (Deduct) 4 7-31-76 Water Dept. man called in to pick up barricades on Market St. -2 hrs overtime at $7.37 per plus $5.00 for van 5 8-3-76 Emulsion spill on Van Buren St. at Washington St. (Deduct) sq. yds. FF:vei 1,064.7 tons $45.40 37,508.2 Gal 0.40 7 days 50.00 $48,337.38 15,003.28 -350.00 i Lump Sum -19.74 - 19.74 204 sq. yds. - 0.56 -114.24 Total Contract Amount 62,856.68 Total Due Contractor 62,856.68 Respectfully submitted, Eugene A. Dietz, P. E. City Engineer Z /9-"L- iPC- W SOLUM ON NO. 77-36 R1 SOl ITIUN AWNDI NG BUDGET ACTH IOR I M I ON RliSOLUT ION NO. 76-238 FOR 'IIIF DIiPARlwxr OF HOUSING AND INSPECTION SI'.RVTCIiS. leffREAS, the City of Iowa City, Iowa, employs certain personnel subject solely to the action of the City Council, referred to as classified personnel, and WHEREAS, it is necessary to amend the FY 77 budget as authorized by Resolution No. 76-238, NOW, TIIEREFORE, be it resolved by the City Council of Iowa City, Iowa, that Resolution No. 76-238 be amended as follows: 1. The City Manager be authorized to hire a Director of Housing and Inspection Services. 2. That the salary for the Director of Housing and Inspection Services be in the director range as established by the current City pay plan. It was moved by deProsse and seconded by Selzer that the Resolution as read be adopted and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x deProsse x Foster x Neuhauser x Perret x Selzer x Vevera Passed and approved this 8th day of February 1977. ��mayor ATTEST: ;"•,; C'ty Clerk EY TEL Z ` 'g /Ed_/d- RESOLUTION NO, 77-37 RESOLI(TTON APPROVING THE FINAL PLAT OF VILLAGE GREEN ADDTTION, PARI' IX WHEREAS, the owner and proprietor, Iowa City Development Company, has filed with the City Clerk the plat and subdivision of the following described premises located in Johnson County, Iowa, to -wit: Commencing at the center of Section 13, T79N, R6W of the 5th P.M,; Thence S 01 39' 00" 1471 1505.00 feet on the West line of the Southeast Quarter of said Section 13 to the point of be- ginning; Thence S 89° 21' 00" E, 414,00 feet to a point on the Southwest R.O.W. Line of Village Road; Thence N 60° 24' 00" E, 60.00 feet to a point on the Northeast R.O.W. Line of said Road; Thence Southeasterly on the Northeast R.O,W. Line of said Road 369.19 feet on a 2270.00 foot ra- dius curve concave Northeasterly (which chord bearing is S 341 15' 34" E, and chord distance is 368.79 feet) to a point on the Northeast R.O.W. Line of said road; Thence S 51° 04' 53", W, 60.00 feet to a point on the Southwest R,O.W. Line of said Road; Thence S 810 02' 34" W, 162..17 feet; Thence S 301 21' 04" W, 303.21 feet; Thence S 720 39' 00" W, 337.00 feet; Thence N n° 39' 00" E1 705.00 feet on the west line of the Southeast Quarter of said section to the point of beginning. Said tract containing 7.31 acres more or less, WHEREAS, said property is owned by the above named corporation and the dedication has been made with the free consent and in accordance with the desire of the proprietor. WHEREAS, said plat and subdivision is found to conform with Chapter 409 of the 1975 Code of Iowa and all other statutory requirements. WHEREAS, said plat and subdivision was examined by the zoning and planning commission which recommended that said plat and subdivision be accepted and approved. NOW THEREFORE BY IT RESOLVED by the City Council of Iowa City, Iowa, that said plat and subdivision located on the above described property be, and the same is hereby approved, and the dedication of the streets and parks as by law provided is hereby accepted. BE IT FURTHER RESOLVED that the developer require six (6) off street narking spaces for each Lot on Dunuggan Court in the Subdivision REGEIVED & APPROBED IM IM LEGAL DEPIRT14ENT Res. r 77-37 -2- BE IT FURTHER RESOLVED that the City Clerk of Iowa City*, Iowa is hereby authorized and directed to certify a copy of this Resolution to the County Recorder of Johnson County, Iowa. Approved. this 8th day of February, 1977 ATTEST: City Clerk b' Mayo It was moved by deProsse and seconded by Selzer that the Resolution as read be adopted and upon roll call there were: Ayes: Selzer, Vevera, deProsse, Foster, Neuhauser, Perret. Nays: None. Absent: Balmer RESOLUTION NO. 77-38 RESOLUTION ESTABLISHING STOP SIGNS AT CERTAIN DESIGNATED INTERSECTIONS IN IOWA CITY, IOWA WHEREAS, the Ordinances of the City of Iowa City, Iowa, provided that the City Council may establish stop signs at designated intersections in Iowa City, Iowa, by Resolution, after determination that it is in the public interest to establish said stop signs, and WHEREAS, the City Council of Iowa City, Iowa, has determined that it is in the public interest to establish the following stop signs at the following intersections: The intersection of Burns Avenue and Sycamore Street to stop traffic on Burns Avenue before entering Sycamore Street. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, as follows: A) That stop signs are hereby established at the following intersections: The intersection of Burns Avenue and Sycamore Street to stop traffic on Burns Avenue before entering Sycamore Street. B) That the City Manager is hereby authorized and directed to have have appropriate signs installed to effectuate the provisions of this Resolution. It was moved by deProsse and seconded by Perret that the Resolution as rea e a opted and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x deProsse x Foster x Neuhauser x Ferret x Selzer x Vevera• Passed and approved this 8th day of February 1977 e. Mayor E ATTEST: /- 64 (3 X131-17 City Clerk 1116 �- �k RESOLUTION NO. 77-39 RESOLUTION ESTABLISHING STOP SIGNS AT CERTAIN DESIGNATED INTERSECTIONS IN IOWA CITY, IOWA WHEREAS, the Ordinances of the City of Iowa City, Iowa, provided that the City Council may establish stop signs at designated intersections in Iowa City, Iowa, by Resolution, after determination that it is in the public interest to establish said stop signs, and WHEREAS, the City Council of Iowa City, Iowa, has determined that it is in the public interest to establish the following stop signs at the following intersections: PuB"';& The intersection of Morman Trek Boulevard and McBride Drive to stop traffic on McBride Drive before entering Morman Trek Boulevard. AagwjQ NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, as follows: A) That stop signs are hereby established at the following intersections: The intersection of Morman Trek Boulevard and McBride Drive to stop traffic on McBride Drive before entering Moran Trek Boulevard. B) That the City Manager is hereby authorized and directed to have have appropriate signs installed to effectuate the provisions of this Resolution. It was moved by Foster and seconded by deProsse that the Resolution as rea e a opted and upon roll ca dere were: AYES NAYS: ABSENT: x Balmer deProsse Foster Neuhauser Perret Selzer Vevera• Passed and approved this 8th day of February 1 1977 —WALW C . -jh I,t.Q{A Q Uen mayor P61, L-301 ATTEST: ��A �3 1 Z City Clerk D —_ 71 RESOLUTION NO. 77-40 RESOLUTION PROHIBITING PARKING ON THE EAST SIDE OF GRANT STREET FROM COURT STREET SOUIIi 75 FEET WHEREAS, the Ordinances of the City of Iowa City, Iowa, allow the City Council to prohibit parking by resolution on designated streets, and WHEREAS, the City Council deems it in the public interest to prohibit parking on the East side of Grant Street from Court Street South 75 feet to allow easier movement for the detour the City bus must take until a bridge at the intersection of Court and Muscatine has been repaired. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA: 1) That parking is hereby prohibited on the East side of Grant Street from Court Street South 75 feet. 2) That the City Manager is hereby authorized and directed to cause appropriate signs to be posted to effectuate the provisions of this Resolution. It was moved by deProsse and seconded by that the Resolution as rea e a opte and upon roll ca t ere were: AYES: NAYS: ABSENT: 7a x BALMER x dePROSSE x FOSTER x NELIAUSER x PERRET x SELZER VEVERA �NQ ? ( i� 7a Resolution No. ii -40 Page 2 Passed and approved this 8th day of Attest: City Clerk February , 1971. WANT . _ ' �L_' �iL.. 73 RESOLUTION N0. 77-41 RESOLUTION AWARDING CONTRACT FOR THE FURNISHING OF EQUIPMENT FOR THE JEFFERSON/MARKET SIG4)LIZATION PROJECT' WHEREAS, Roger L. Brown Sales Agency, Moline, Illinois has submitted the best bid for the construction of the above-named project. NOW THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the contract for the furnishing of equipment for the above-named project is hereby awarded to Roger L. Brown Sales Agency, Section I- $14,690, and Section II- $16,946, subject to the condition that the awardee secure adequate performance bond and insurance certificates. It was moved by deProsse and seconded by Perret that the Resolution as read e adopted, and upon roll call t ei� re were: AYES: NAYS: ABSENT: x Balmer x deProsse x Foster x Neuhauser x Perret x Selzer x Vevera Passed and approved this 8th day of February 1977 JMa AJ Mayor ATTEST: (t JECEIVFD k APPROVED City Clerk BY MIE LEGAL DEPARTMENT 7x 0' 77 - y/ CONTRACT TIIIS AGREEMENT, made and entered into this J a day of 1977 , by and between the City of Iowa City, Iowa party of the first part, hereinafter referred to as the Owner and Roger L. Brown Sales Agency, Inc. party of the second part, hereinafter referred to as the "Contractor" WITNESSETH: That whereas the owner has heretofore caused to be prepared certain plans, specifications and proposal blanks, dated the 25 day of January , 19 77 , for furnishing of equipment for the Jefferson/ Market Signalization Project under the terms and conditions therein fully stated and set forth, and Whereas, said plans, specifications and proposal accurately, and fully describe the terms and conditions upon which the Contractor is willing to perform the work specified: NOW, THEREFORE, IT IS AGREED: 1. That the Owner hereby accepts the proposal of the Contractor for the work and for the sums listed below: EXTENDED ITEM DESCRIPTION QUANTITY UNIT PRICE AMOUNT Section I - Traffic Signal Heads with Related Fittings and Accessories. 1. One-way, three section, twelve inch (12") traffic signal heads to be made of cast aluminum with poly- carbonate lenses. Units shall be provided with five inch (511) black background shields and nominal twelve inch (1211) tunnel visors. Units shall be provided with all necessary hardware, fittings, etc. for rigid top mounting. Signal faces shall be from top to bottom red ball, yellow ball, green ball. Eagle Signal Corporation Model No. FR1GllA1A00A000 (KB533) 28 $165.00 $4620.00 VE13 141977 C-01 ITEM DESCRIPTION 2. One-way, three section, twelve inch (12") traffic signal heads to be made of cast aluminum with poly- carbonate lenses. Units shall be provided with five inch (S") flat black background shields and nominal twelve inch (12") tunnel visors. Units shall be provided with all necessary hardware fittings, etc. for rigid top mounting. Signal faces shall be from top to bottom red ball, yellow ball, green arrow oriented upward. Eagle Signal Corporation Model No. FR1GllA1A0OA000 (KB533D) EXTENDED QUANTITY UNIT PRICE AMOUNT 18 $170.00 $3060.00 3. One-way, two section, nine inch (911) pedestrian control signals to be made of cast aluminum with polycarbonate lenses. Units shall be provided with ten inch (1011) visors and all necessary hardware, fittings, etc. for side of pole mount- ing. Face display shall be top: Portland Orange DON'T WALK and bottom Lunar White WALK. Eagle Signal Corporation Model No. FRIJ00BIMO0A000 (KB522) 6 $100.00 $ 600.00 4. Two-way, two section, nine inch (9") pedestrian control signals to be made of cast aluminum with polycarbonate lenses. Units shall be provided with ten inch (10") visors and all necessary hardware, fittings, etc. for side of pole mounting. Face display shall be top: Portland Orange DON'T WALK and bottom Lunar White WALK. Eagle Signal Corporation Model No. FR2JOOBIP•t00A000 (KB522) 14 $200.00 $2800.00 5. Two-way, two section, nine inch (9") pedestrian control signals to be made of cast aluminum with polycarbonate lenses. Units shall be provided with ten inch (1011) visors and all necessary hardware, fittings, etc. for mounting atop a 4-1/2" diameter pole with underground feed. Face display shall be top: Portland Orange DON'T WALK and bottom Lunar White VALK. Eagle Signal Corporation Model No. FR2C0OBIB0OA000 (KB522) SECTION II SIGNAL POLES AND MASTARMS 19 TOTAL SECTION I i $190.00 $3610.00 $14,690.00 All units provided shall be monolever type steel signal poles with twenty foot (201) signal mounting height. Units shall have hand holes near base, shall be prime painted, shall be supplied with anchor bolts and two (2) hex nuts per bolt, and nut cover plats, and shall conform to the following dimensional data. ��8 t C-02 EXTENDED fTEb[ DESCRIPTION JANTITY UNIT PRICE AMOUNT 1. Twenty foot (201) pole with thirty-four foot (341) mastarm with two inch (2") signal slip fitter tenon at end and two inch (2") signal slop fitter fifteen feet (151) from outer end. 4 $915.00 $3660.00 Valmont Industries Model No. SM16-IlOE210-34S-PP-PL-19 2. Twenty foot (201) pole with thirty-four foot (341) mastarm with two inch (2") signal slip fitter tenon at end with two inch (211) signal slip fitter thirteen feet (13') from outer end. Valmont Industries Model No. SM16-WOE210-34S-PP-PL-19 8 $915.00 $7320.00 3. Twenty foot (201) pole with thirty foot (301) mastarm with two inch (211) signal slip fitter tenon at end and two inch (2") signal slip fitter tenon thirteen feet (131) from outer end. 1 $806.00 $806.00 Valmont Industries Model No. SM16-EOE210-30S-PP-PL-19 4. Twenty foot (201) pole with twenty-six foot (261) mastarm with two inch (211) signal slip fitter tenon at end and two inch (211) signal slip fitter ten feet (101) from outer end. Valmont Industries Model No. SM16-TOE210-26S-PP-PL-19 2 $516.00 $1032.00 S. Twenty foot (201) pole with twenty-five foot (2S') mastarm with two inch (2") signal slip fitter tenon at end and two inch (2") signal slip fitter twelve feet (121) from outer end. Valmont Industries Model No. SM16-TOE210-26S-PP-PL-19 4 $516.00 $2064.00 6. Twenty foot (201) pole with twenty-five foot (251) mastarm with two inch (2") signal slip fitter tenon at end and two inch (2") signal slip fitter eleven feet (11') from outer end. Valmont Industries Model No. SM16-TOE210-26S-PP-PL-19 4 $516.00 $2064.00 r. C-03 TOTAL SECTION II $16,946.00 2. That this Contract consists of the following component parts which are made a part of this agreement and Contract as fully and absolutely as if they were set out in detail in this Contract: a. Addenda Numbers b. Detailed Specifications for Traffic Signal Equipment c. Plans d. Advertisement for Bids e. Instructions to Bidders f. Special Conditions g. Supplemental General Conditions 11. General Conditions i. Proposal j. This Instrument Above components are complementary and what is called for by one shall be as binding as if called for by all. 3. That payments are to be made to the Contractor in accordance with and subject to the provisions embodied in the documents made a part of this Contract. 4. That this Contract is executed in three (3) copies. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals the date first written above. Contractor A•, d,e,�l) By " i 4. Q (Title) C p (Title) ATTEST: i ' :' I , 1 (Title) &FPt/i V C iTV CLF�ll ATTEST: ' i I I p 1 (Title) �? / (Co m`"any icia C-04 RESOLUTION NO. 77-42 RESOLUTION OF APPROVAL OF CLASS "C" BEER PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class "C" Beer Permit Application is hereby approved for the following named per- son or persona at the following described locations: Krause Gentle Oil Corp. dba/Sav-Mor',.Deep Rock Stationstore 1104 South Gilbert Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance or state law. The City Clerk shall cause a recomcendation for approval to be endorsed upon the application and forward the same together with the license fee, surety bond and all other information or documents required to the Iowa Beer and Liquor Control Dyyarkment. It was moved by Balmer and seconded by deProsse that the Resolution as read be adopted, and upon roll call there were: Balmer deProsse Foster Neu auser erret Selzer evera ArS: NAYS: ABSENT: v V Passed this 15th day of February , 19 77 RESOLUTION NO. 77-43 RESOLUTION OF APPROVAL OF CLASS "C" BEER PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class "C" Beer Permit Application is hereby approved for the following named per- son or persona at the following described locations: Lucky Stores, Inc. dba/May's Drug Store #198, 1101 S. Riverside Dr. Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance or state lase. Tha City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, surety bond and all other information or documents required to the Iowa Beer and Liquor Control Dppartmsnt. It was moved by Balmer and seconded by deProsse that the Resolution as read be adopted, and upon roll call there were: Balmer deProsse Foster Neu auser erre Selzer evera AYESs NAYS: ABSENT: x x x x x x Passed this 15th day of February , 19 77 7� RESOLUTION No. 77-44 RESOLUTION OF APPROVAL OF CLASS "C" BEER PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class "C" Beer Permit Application is hereby approved for the following named per- son or persons at the following described locations: Lucky Stores, Inc, dba/Eagle Discount Supermarket #220, 1101 S. Riverside Dr. Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance or state law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, surety bond and all other information or documents required to the Iowa Beer and Liquor Control Dpyant. It was moved by Balmer and seconded by deProsse that the Resolution as read be adopted, and upon roll call there were: Balmer deProsse Foster eu auser erret Selzer evera Passed this AYES: NAYS: ABSENT: x x x x x 15th . day of February , 19 77 �\ 77 V1 RESOLUTION NO. 77-45 RESOLUTION OF APPROVAL OF CLASS "C" BEER PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class "C" Beer Permit Application is hereby approved for the following named per— son or persons at the following described locations: Lucky Stores, Inc., dba/ Eagle Discount Supermarket #157 600 N. Dodge St. Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance or state law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, surety bond and all other information or documents required to the Iowa Beer and Liquor Control DDpar tent. it was moved by Balmer and seconded by deProsse that the Resolution as read be adopted, and upon roll call there were: Balmer deProsse Foster eu auser erre Selzer evera AYES: NAYS: ABSENT: x x x x x x x Passed this 15th day of February 19 77 7� RESOLUTION NO. 77-46 RESOLUTION APPROVING CLASS C LIQUOR CONTROL LICENSE APPL=T0_9 BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Liquor Control License application is hereby approve or the following named person or persons at the following described location: Grand Daddy's of Iowa City dba/Grand Daddy's of Iowa City, 505 E. Burlington Said approval shall be subject to any conditions or re- strictions hereafter imposed by ordinance or State law. The City Clerk shall cause a recommendation for approval to he endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond, sketch of the premises and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by that the Resolution there were: Balmer deProsse Foster Neuhauser Perret Selzer Vevera Balmer and seconded by deP ass read be adopted, and upon rol�caI1 AYES: NAYS x _ x x x x x x Passed and approved this 15th day of ABSENT: February i 1977 79 RESOLUTION NO. 77-47 RESOLUTION APPROVING CLASS C LIQUOR CONTROL LICENSE APPLTMTO BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Liquor Control License application is hereby approved�Tor the following named person or persons at the following described location: Terrence W. Taylor dba/The Serendipity Pub, 1310 Highland Ct. Said approval shall be subject to any conditions for re- strictions hereafter imposed by ordinance or State law. The City Clerk shall cause a recommendation for approval to he endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond, sketch of the premises and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by that the Resolution there were: Balmer deProsse Balmer and seconded by deProsse as rete adopted, and upon -76-11 call AYES: NAYS: ABSENT: i Foster x Neuhauser x Perret x Selzer x Vevera x Passed and approved this 15th day of February 19 77 RESOLUTION NO. 77-46 RESOLUTION APPROVING CLASS C LIQUOR CONTROL LICENSE APPLTZ%CIM BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Liquor Control License application is hereby approve or the following named person or persons at the following described location: W. Marcus Hansen dba/Gilbert Street Tap, 1134 So. Gilbert St.. Said approval shall be subject to any conditions I or re- strictions hereafter imposed by ordinance or State law. The City Clerk shall cause a recommendation for approval to he endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond, sketch of the premises and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by that the Resolution there were: Balmer deProsse Foster Neuhauser Ferret Selzer Vevera Balmer and seconded by deProsse as read be adopted, and upon -T -651I c�T AYES: NAYS: ABSENT: x x x x x x x i Passed and, approved this 15th day of February , 19 77 W RESOLUTION No. 77-49 RESOLUTION TO ISSUE CIGARETTE PERMITS WHEREAS, the following firma and persons have made application, filed the bond, and paid the mulct tax required by law for the sale of cigarettes and cigarette papers; therefore, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the applications be granted and the cigarette bond now on file in the office of the City Clerk be anti the same are hereby approved, and the City Clerk be and he is hereby directed to issue a permit to sell cigarette papers and cigarettes to the following named persons and firma: Grand Daddy's of Iowa City dba/Grand Daddy's of Iowa City, 505 E. Burlington W. Marcus Hansen dba/ Gilbert St. Tap, 1134 South Gilbert 0 It was moved by Balmer and seconded by deProsse that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Balmer X deProsse X Foster X Neuhauser X Perret X Selzer X Vevera X Passed this l,th day of February , 1977 RESOLUTION NO. 77-50 RESOLUTION TO ISSUE DANCING PERMIT BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Dancing Permit as provided by law is hereby granted to the following named person and at the following described locations upon his filing an application, having endorsed thereon the certificates of the proper city officials as to having complied with all regulations and ordinances, and having a valid Class "B" Beer Permit, to wit: Grand Daddy's of Iowa City dba/Grand Daddy's of Iowa City, 505 E. Burlington It was moved by Balmer and seconded by deprncca that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Balmer x deProsse x Foster x Neuhauser x Perret x Selzer x Vevera x Passed and approved this 15th day of Februa 197 77 rM RESOLUTION NO. 77-51 RESOLUTION SETTING PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF TI)E 1977 TENNIS COURT LIGHTING PROJECT DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECT- ING CITY ENGINEER TO PLACE SAID PLANS, ETC., ON FILE FOR PUBLIC INSPECTION. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That a public hearing on the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project is to be held on the 22nd day of February , 1977 at 7:30 P.M. in the Council Chambers, Civic Center, Iowa City, Iowa. 2. That the City Clerk is hereby authorized and directed to publish notice of the public hearing for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the city, not less than four (4) nor more than twenty (20) days before said hearing. 3. That the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project are hereby ordered placed on file by the City Engineer in the office of the City Clerk for public inspection. It was moved by Balmer and seconded by deProsse that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X x x x x x x Passed and approved this 15th BALMER dePROSSE FOSTER NEUHAUSER FERRET SELZER pi-ati0 day of February , 19 77 �V SMI Mayor ATTEST: 1?; 11- GVJ City Clerk P.y T.:� a C_ r) r, / 6"& RESOLUTION NO. 77-52 RESOLUTION APPROVING FINAL PLAT OF LIME KILN FARM ESTATES WHEREAS, a final plat of Lime Kiln Farm Estates, Johnson County, Iowa, has been filed with the Clerk of Iowa City, and after consideration of the same was found to be in accordance with the provisions of the laws of the State of Iowa and the ordinances of the City of Iowa City, Iowa, by the Iowa City Planning and Zoning Commission and WHEREAS, a future dedication agreement has been entered into between the City of Iowa City and LaFayette W. Knapp, Jr. and Jacqueline F. Knapp, husband and wife, which provides for dedication of the street shown on the attached plat, in the event of annexation. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Iowa City, Iowa, that the said final plat of Lime Kiln Farm Estates be and the same is hereby acknowledged and approved on the part of Iowa City, Iowa. The Mayor and the City Clerk are hereby directed tolcertify this resolution of approval and affix the same to said plat as by law provided to the end that the plat may be recorded. Tice Agreement attached to this Resolution is by this reference made a part of the Resolution Approving Final Plat of Lime Kiln Farm Estates. The foregoing resolution was moved by deProsse and seconded by Selzer at a. duly convened meeting of the City Council of Iowa City, Iowa, held at the Civic Center, Iowa City, Iowa, on the 1977, commending at 7:30 P.M vote was taken: 15th day of February , Upon roll call, the following Resolution No. 77-52 2 - BALMER dePROSSE FOSTER NEUHAUSER FERRET SELZER VEVERA Aye X Nay Aye X Nay Aye X Nay Aye X Nay Aye X Nay Aye X Nay Aye X Nay Absent Absent Absent Absent Absent Absent Absent The foregoing is hereby duly certified by Vicki Brei Deputy City Clerk Iowa City, as a true and.exact copy of a resolution of the City Council of Iowa City, Iowa, made at a regular meeting held on the 15th day of February 1977 �cc Ec . Ste; Ddputy City Clerk o Passed and approved this 15th day of February , 197 i Mayor ATTEST: Deputy City lerk 11L - 0 IS6 AGREEMENT This Agreement executed on the 154�`day of F�brwar��� 1977, between LaFayette W. Knapp, Jr. and Jacqueline F. Knapp, husband and wife, of Johnson County, Iowa, here- inaEter called KNAPP and the City of Iowa City, Iowa, a municipal corporation, hereinafter called the CITY. WHEREAS, a plat of Lime Kiln Farm Estates has been prepared for the following described premises, located in Johnson County, Towa, to -wit: Beginning at a point on the northerly right- of-way of Linder Road which lies N. 80 19' 10" E., 969.76 feet of the S.W. corner of said Section 34-80-6; Thence S. 790 08' 30" E., 391.00 feet along said northerly right- of-way of Linder Road; Thence along the northwesterly right-of-way of Linder Road, 313.34 feet northeasterly along a 179.18 foot radius curve concave northwesterly to a point which lies N. 500 46' 00" E., 274.89 fest of the last described point; Thence N. 25 20' 20" E., 75.04 feet along the westerly right-of-way of Linder Road; Thence N. SIO 31' 30" W., 227.63 feet; Thence N. 90 48' 20" W., 491.07 feet; Thendre N. 20 47' SO" W., 351.48 feet; Thence N. 5 05' 40" W., 457.30 feet to a point on the southerly bank of the Towa '_fiver; Thence S. 860 32' 30" W., 439.40 feet along the said southerly bank to the west line of said Sec. 34-80-6; Thence S. 00 09' 20" W., 1207.00 feet along the west line Sec. 34-80-6; Thence N. 890 35' 00" W., 312.18 feet to the northerly Tight -of -way of Linder Road; Thence S. 370 2S'' 10" E., 273.55 feet along the said northerly right-of-way of Linder Road; Thence along; the said northerly right-of-way of Linder Road, 322.22 feet southeasterly along a 522.96 foot radius curve concave northerly to the noint of beginning which lies S. 610 30' 30" E., 317.15 feet of the last described point. Said parcel contains 21.73 acres, more or less. FF!8j5!q77 1 A1L33"31E STOLFU CiTy CLERK - 2 - WHEREAS, the above described real estate is located outside the corporate limits of Iowa City, Iowa but is within the two mile extraterritorial jurisdiction of Iowa City, Iowa as provided for in Chanter 409 of the 1975 Code of Iowa as amended and WHEREAS, Knapp owns legal title to the roadway as shown on the above plat and has agreed to execute a dedication of said roadway for the purpose o:E dedicating the street for public use in the event of annexation of the area by the City and WHEREAS, the Iowa City Planning and Zoning Commission has recommended approval of the above plat. IT IS THEREFORE AGREED: 1. That Knapp shall execute a dedication of the street known as Lime Kiln Lane as shown on the above plat to Iowa City, Iowa, to be effective in the event that the land con- tained in the plat is annexed by the City of Iowa City, Iowa. Said dedication shall be held in escrow in the office of the clerk of. the City and shall not be effective or recorded until the above described real estate is located within the i corporate limits of the City of Iowa City, Iowa, and until the City of Iowa City, Iowa has agreed to accent such dedication. 2. The City of Iowa City agrees that in the event of annexation, the City shall grant the perpetual right to any homeowners in the said subdivision to use, maintain, repair and replace any utility lines which are existing in the dedicated road right of way. The City shall in no way be WON - 3 - responsible for the maintenance, repair or operation of the utility lines. 3. Knapp agrees that at such time as the area comprising lime Kiln Farm Estate is annexed to the City of Iowa City, Iowa that the City shall have the right to install concrete streets, storm sewers and sanitary sewers within the dedicateLL right of way of Lime Kiln Lane as described on the deed of dedication referred to herein and to assess the cost of such improvements against then owners of the lots within Lime Kiln Farm Estates pursuant to Chapter 384 of the 1975 Code of Iowa as amended. Knapp agrees that the cost of such improvements need not meet the requirement of notice, benefit or value as provided by the statutes of the State of Iowa for assessing such improvements. 4. If Knapp should convey the roadway or any part thereof to future lot owners, he shall convey the roadway subject to this agreement with the City of Iowa City, Iowa, or in the event that either Iowa City or Johnson County does not give final approval to the plat of Lime Kiln Farm F.states,this agreement shall be of no force or effect. 5. This agreement shall be filed contemporaneously with the filing of the Final Plat of Lime Kiln Farm Estates once final approval of said plat has been obtained from the City and Johnson County. 6. This Agreement shall be binding upon the parties, their personal representatives, successors in interest, grantees and assigns, and shall be construed as a covenant - 4 - running with the land until released by the City of Iowa City, Iowa. Signed this /5` day of F irtuwf , 1977. La�ettellV. Knapp '�3 T� ! Jacque ineF. Knapp —' CITY OF IOIVA CITY, IOIVA ATTEST: i STATE OF IOIVA ) SS COUNTY OF JOHNSON ) On this ;�'L•day of 1977, . before no, the undersigned, a notary public in and for Johnson County, Iowa, personally appeared LaFayette IV. Knapp, Jr. and Jacqueline F. Knapp, husband and wife, to me known to be the persons who executed the above and foregoing agreement and acknowledged the execution to be their voluntary act and deed _1 c Notary Public in and for Johnson County, Iowa kl,P•Fr.,u ny f'D RESOLUTION N0. 77-53 A RESOLUTION BY THE IOWA CITY CITY COUNCIL SUPPORTING LEGISLATIVE ACTION IN THE IOWA GENERAL ASSEMBLY TO REGULATE THE USE OF BEVERAGE CONTAINERS IN THE STATE OF IOWA Whereas, the Iowa City City Council finds that littered beverage containers constitute a danger to the health, welfare and safety to the residents of our City, and destroys the beauty of our parks, pedestrian ways, streets, and other areas, and Whereas, the Iowa City City Council finds that the practice of discarding beverage containers depletes our natural resources and needlessly squanders our shrinking energy supply, and Whereas, the Iowa City City Council finds that throwaway beverage cans and bottles impose a burden on the litter and solid waste collection and disposal programs of the City, and Whereas, studies have stressed and actual experience has demon- strated in Oregon and other locations that a minimum deposit has functioned as an incentive for the reuse and recycling of beverage containers and resulted in reduced consumer costs, Therefore, be it resolved by the Iowa City City Council that the City Council supports proposals introduced by members of the General Assembly, by Governor Robert Ray, the Iowa Natural Resources Council, and others to require a minimum deposit on all beverage containers and to regulate their use in the State of Iowa. It was moved by Perret and seconded by deProsse that the Resolution as read be adopted, and upon roll call there were - AY ES ere AYES NAYS ,\ ' r 'Passed and approved this 15th ABSENT: Balmer deProsse Foster Neuhauser Perret Selzer Vevera day of February , 1977. •jAGO ME=L . ATTEST: �/fw' '�2 -9&.r (City Clerk) 7/ . lee,,_ ?4-Z RESOLUTION NO. 77-54 RESOLUTION APPROVING PRELIMINARY AND FINAL LARGE SCALE NON-RESIDENTIAL DEVELOP14ENT FOR HOWARD JOHNSON'S MOTOR LODGE WHEREAS, the owner, Howard Johnson's Motor Lodge , has filed with the City Clerk of Iowa City, Iowa, an application for approval for a large scale non-residen- tial development for the following described premises located in Iowa City, Johnson County, Iowa, to -wit: Commencing as a point of reference at the Northeast corner of Sec. 2, Township 79 N., Range 6 N. of the 5th Principal Meridian, Iowa City, Johnson Co., IA. thence S.00 09' 23" W. 431.43 ft. along the E. line of the Northeast quarter of said Sec. 2 to a point of intersection with the Northwesterly r -o -w line of IA State Hwy. ml and point of beginning of tract here- in described (this is an assumed bearing for purposes of this description only); thence 5.570 03' 30" N. 226.50 ft. along Northwester- ly r -o -w line of said Hwy. to a point; thence N. 320 56' 30" 1.1. 585.08 ft. to a point; thence N. 330 26',23" E. 311.87 ft. to a point of intersection with the Southerly r -o -w line of Inter- state 80; thence S. 720 10' 19" E. 103.22 ft. along the South- erly r -o -w line of said Interstate 80 to a point; thence S. 640 58' 00" E. 537.25 ft. along the South- erly r -o -w line of said Interstate 80 to a point of intersection with the Northwesterly r -o -w line of Hwy. 1; thence S. 330 57' 50"West 445.10 ft. along the - Northwesterly r -o -w line of said Hwy. 1 to point of beginning, and containing 7.1 acres more or less. WHEREAS, said property is owned by the above-named party and no dedications are required; and, WHEREAS, the Department of Community Development and the Public Works Department have examined the proposed large scale non-residential development and have approved the same; and, WHEREAS, the said large scale non-residential devel- opment has been examined by the Planning and Zoning Commission and after due deliberation said Commission has recommended that it be accepted and approved. rN, a;) Lzc I(:::. r �41i3 2 -0 r. -77 Res. # 77-54 Page 2 WHEREAS, said large scale non-residential develop- ment is found to conform with requirements of the City ordinances of the City of Iowa City, Iowa. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the said plat is hereby approved as a large scale non-residential development. . 2. That the said large scale non-residential devel- opment shall conform with all the requirements of the City of Iowa City, Iowa, pertaining to large scale non.- residential on.residential developments. 3. That the City Clerk of the City of Iowa City, Iowa, is hereby authorized and directed to certify a copy of this resolution to the Office of the County Recorder of Johnson County, Iowa, after final passage and approval as authorized by law. Passed and approved this 15th day of February 1977. ATTEST; Ort4 City Clerk (,CLt3..d9.A Mayor It was moved by Balmer and seconded by Selzer that the Resolution as read be adopted,,, and upon roll call there were: AYES: NAYS: ABSENT: x BALMER x dePROSSE _ x FOSTER x NEUHAUSER x_ PERRET x SELZER _ x VEVERA T3 RESOLUTION NO. 77-55 A R1:SOL11rION AUI11ORIZING THE MAYOR TO EXECUTE- AND XECUTEAND THE CITY CLERK TO CERTIFY AN AGREEMENT WITH THE CITY OF CORALVILLE, IOWA. WHEIt"rM, Chapter 403A of the Code of Iowa oonfers upon every muni- ciplaity certain powers in the field of low rent or subsidized housing; and WHEREAS, the City Council of the City of Iowa City pursuant to Chapter 403A.5 of the Code of Iowa has created the Iowa City Housing Authority to exercise the powers outlined in Chapter 403A; and WHEREAS, Chapter 403A.9 of the Code of Iowa provides that two or more muncipalities in Iowa may jointly exercise the powers conferred in Chapter 403A for the purpose of financing, planning, undertaking, constructing, or operating a housing project or projects; and WHEREAS, Chapter 28E of the Code of Iowa provides that any power exercised by a public agency of this state may be exercised and enjoyed with any other public agency of this state having such power; and WHEREAS, pursuant to Chapter 403A and Chapter 28E of the Code of Iowa, the City of Iowa City and the City of Coralville wish to enter into an Agreement that will permit the Iowa City Housing Authority to make housing assistance payments on behalf of eligible families to owners of property located within the City limits of Coralville, a copy of which is attached to this Resolution as Exhibit "A" and by this reference made a part hereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT the Mayor be authorized to execute and the City Clerk certify a copy of said Agree ent. It was roved by deProsse and seconded by Foster that the Resolution as read be adopted, and upon roll call there were: T3 Res. #77-55 my x --2-. ABSK-U; Balmer deProsse Foster Neuhauser Perret Selzer Vevera Passed and approved this 15th day of February ATCEST: m/ 61' k)gO&4/ ; City. Clerk 1 1977. C.Ii2��c��c - mayor i/ RECEIVED & APPROVED BX fMi TE=AL DEPART;dENT fA� AGREF2,E T 'a THIS AGREEMENT, entered into by and between the City of Iowa City, Iowa, hereinafter called Iowa City and City of Coralville, hereinafter called Coralville. WHEREAS, Chapter 403A of the Code of Iowa confers upon every municipality certain powers in the field of low rent or subsidized housing; and WHEREAS, Iowa City pursuant to Chapter 403A.5 of the Code of Iowa has created the Iowa City Housing Authority to exercise the powers outlined in Chapter 403A; and WHEREAS, Chapter 403A.9 of the Code of Iowa provides that two or more municipalities in Iowa may jointly exercise the powers conferred in Chapter 403A for the purpose of financing, planning, undertaking, constructinq, or operating a housing project or projects; and WHEREAS, Chapter 28E of the Code of Iowa provides that any power exercised by a public agency of this state may be exercised and enjoyed with any other public agency of this state having such power; and WHEREAS, pursuant to Chapter 403A and Chapter 28E of the Code of Iowa, Iowa City and Coralville wish to enter into an Agreement that will permit the Iowa City Housing Authority to make housing assistance payments on behalf of eligible families to owners of property located within the Citv limits of Coralville. NOW, THEREFORE, BE IT AGREED BY AND BETWEEN Iowa City and Coralville as follows: 1. TERM. That the term of this Agreement shall cotrrnence with the date of this Agreement and shall continue unless terminated as provided. herein. 2. TERMInTATION. That this Agreement may be terminated by either party giving notice to the other in writing as prescribed in this Agree- ment 60 days in advance of the date of the proposed termination. Upon receiving notice of termination from Coralville, the Iowa City Housing Authority will make no new contracts for housing assistance in Coralville. However, renewals may be executed during the 60 day period prior to termination. The termination date for all housing assistance payments previously contracted for shall coincide with the terms of the existing individual dwelling lease. 3. OPERATION. The Iowa City Housing Authority will administer the program in accordance with the Rules and Regulations established by the Department of Housing and Urban Development and the Annual Contributions Contract entered into between Iowa City and the Department of Housing and Urban Development, a oopy of which Annual Contributions Contract is attached hereto and *rade a part of this Agreement. The Iowa City Fousinq Authoritv herebv authorizes the City of Coralville to perform inspections of dwellincr units in a housinc{ project in order to ensure canpliance with the housirxr quality standards established by the Department of Housing and Urban Develognent. This inspection will be performed by Coralville or its designate at its expense and a certification issued to the Iowa Citv Fousing Authority that the Mindmum Housing Quality Standards set by HUD have been met. Nothing contained herein shall prevent the adoption of more stringent requirements by Coralville. 4. All administrative costs incurred as a result of this program will be borne by the program as provided for in the Annual Contributions Contract. 5. NOTICES. All notices required by this Agreement to be made to Iowa City shall be made by mailing, by ordinary mail, a letter to the Iowa City Housing`Authority, Civic Center, 410 East Washington Street, Iowa City, Iowa 52240. All notices required by this Agreement to be made to Coralville shall be made by mailing, by ordinary mail, a letter to the Mayor of Coralville, and to the City Clerk of Coralville, both addressed to City Hall, 1512 7th Street, Coralville, Iowa, 52241. All notices shall be effective upon receipt by the addressee. Nothing con- tained in this paragraph shall prevent additional or other notice being given or giving notice which would exceed the requirements of this paragraph. 6. OBLIGATIONS NOT EXCUSED. This Agreement does not relieve Iowa City or Coralville of any obligation or responsibility imposed upon it by law except that to the extent of actual or timely performance thereof by the Iowa City Housing Authority, said performance may be offered in satisfaction of the obligation or responsibility. 7. LIABILITY. Coralville agrees to defend, indemnify and hold harmless the Iowa City Housing Authority, the City of Iowa City, Iowa, and the officers, employees, and agents of either, from any and all liability for all demands, claims, suits, actions, or causes of action' in any way arising out of the performance of this Agreement, or any actions related thereto which are the responsibility of Coralville and involving dwelling units in Coralville. 8. FILING AND RECORDING. This Agreement shall be filed with the Secretary of the State of Iowa and the County Recorder of Johnson County, Iowa. Dated this /5Ck day of 1977. CITY OF I IA CITY, IO4,TA CITY QF CQRALVILT ,//I``OWA By By /G Mary C Neuhauser, Mayor Ric and+E. Mye /, Mayor Attest: vim,, Attest: Vicki:J4 Brei, Deputy Helen Gaut,' City Clerk City Clerk M RFSOLUNON /19 � RFSOLUPION AUPFORI7ING AM DIRD71PING TP.E MAYOR AND CITY a= TO F3MM ON RE MIF OF TIT CITY OF CORALVILLE, 19AA, AN AGRaTOgP RFCARDING L94 MU OR SUBSIDIZID FOUSINS FOR THE CITY OF OJRALV=, J0121SON OXW? 'V, IOAA. 4W,FAS, the City Council of the City of Coralville has heretofore deemed it necessary and desirable to enter into an agreement with the City of Towa City wherein the City of Coralville shall be included in the field of low rent or subsidized housing program functioning through the Iowa City housing authority; and 'AHMEAS, Chapter 403A of the Code of Iowa confers upon a municipality the power to enter into the field of low rent or subsidized housing; and 59 MEM, Chapter 28E of the Code of Iowa confers upon a municipality the power to join with other municipalities or agencies in the field of low rent or subsidized housing; and n�F�REAS, an agreement consisting of two (2) typewritten paqes accom- plishinq the above has been prepared and presented to the City of Coralville which requires execution thereby. 1UR, TPEREFORF., RE IT RESOLVED AY TPF. CITY COUNCIL OF TPE CITY OF CORALVILLE, Johnson County, Iowa, that the Mavor and Citv Clerk are hereJ-)v authorized and directed to execute the above described agreement T -lith the City of Iowa City and the City Clerk is directed to forward executed copies i of such agreement to the City of Iowa Citv and the Iowa City housinq authority with copies of this Resolution attached thereto. Passed and approved this day of 1977. S /R(�F.. WFRS, 1/1Avor �, city Clerk �7 The above and foregoing Resolution was introduced by Council Person /.fes who moved its adoption. It was seconded'' ry6louncil Person_x After discussion, the following roll was called: Aye: Nay: Absent: Cole Ehmsen Kattchee Lyon Shoemaker Whereupon the Mayor declared the motion duly carried and the Resolution duly adopted this day of4eiy 197_. 61 ZASi7 ay4S- 7 i y ATTEST: HELEN GAUT, City Clerk �V RESOLUTION NO. 77-5 RESOLUTION APPROVING CLASS "B" BEER PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class "B" Beer Permit Application is hereby approved for the following named person or persons at the following described location: Edna Elaeen dba/Hilltcp Tavern, 1100 N. Dodge St. Said approval shall be subject to any conditions or re- strictions hereafter imposed by ordinance or State law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by Balmer and seconded by Perret that the Resolution as re— a3,�adopted, and upon rollca ll there were: AYES: NAYS: ABSENT: Balmer x r x 'l x RESOLUTION NO. 77-5 RESOLUTION APPROVING CLASS "B" BEER PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class "B" Beer Permit Application is hereby approved for the following named person or persons at the following described location: Edna Elaeen dba/Hilltcp Tavern, 1100 N. Dodge St. Said approval shall be subject to any conditions or re- strictions hereafter imposed by ordinance or State law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by Balmer and seconded by Perret that the Resolution as re— a3,�adopted, and upon rollca ll there were: AYES: NAYS: ABSENT: Balmer x deProsse x Foster x Neuhauser x Perret x Selzer x Vevera x Passed and approved this 22nd day of February i 1977 '79 le'l-4 /-.& RESOLUTION NO. 77-57 RESOLUTION AUTHORIZING MAYOR TO EXECUTE ACTUAL USE REPORT FOR GENERAL REVENUE SHARING FOR THE SEVENTH ENTITLEMENT PERIOD - JULY 1, 1976 THROUGH DECh%1BER 31, 1976. WHEREAS, the City of Iowa City, Iowa has negotiated a report for the 7th entitlement period for Revenue Sharing, a copy of said report being attached to this Resolution and by this reference made a part hereof, and, WHEREAS, the City Council deems it in the public interest to authorize execution of said report, NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL: 1. That the Mayor is hereby authorized and directed to execute the report with the Department of Treasury, Office of Revenue Sharing. 2. That the City Clerk shall furnish copies of said report to any citizen requesting same. It was moved by Balmer and seconded by Perret that the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Balmer _ X deProsse X Foster X Neuhauser X Perret X T_ Selzer X Vevera Passed and approved this 22nd CITY CLERK day of February , 1977. MAYOR /D d RHVENUE �LL USE REPORT SHARING jAk";'TU _ 3ENERAL REVENUE SHARING PROVIDES FEDERAL FUNDS DIRECTLY TO LOCAL AND STATE GOVERNMENTS. YOUR GOVERNMENT MUST PUBLISH HIS REPORT ADVISING YOU HOW THESE FUNDS HAVE BEEN USED OR OBLIGATED DURING THE YEAR FROM JULY 1, 1976, THRU DECEMBER 31, 1976. THIS IS TO INFORM YOU OF YOUR GOVERNMENT'S PRIORITIES AND TO ENCOURAGE YOUR PARTICIPATION IN DECISIONS ON HOW FUTURE :UNDS SHOULD BE SPENT. NOTE: ANY COMPLAINTS OF DISCRIMINATION IN THE USE OF THESE FUNDS MAY BE SENT TO THE OFFICE OF 1EVENUE SHARING, WASHINGTON, D.C. 20226. ACTUAL EXPENDITURES (Include Obligations) THE GOVERNMENT OF IOWA CITY ' has received General Revenue Sharing (A) CATEGORIES (B) CAPITAL (C) OPERATING 7 MAINTENANCE 319 354-1800 Ext. 221 (Area code) Telephone Number) 1 PUBLIC SAFETY $ $ 92,297 s payments totaling 273 ,355 2 ENVIRONMENTAL$ during the period from July 1, 1976 thru December 31, 1976 PROTECTION $ ✓ACCOUNT NO. 16 2 052 003 2 PUBLIC TRANSPORTATION $ $10S.000 IOWA CITY 4 HEALTH $ $ CITY MANAGER, CIVIC CENTER 5 RECREATION $ $ 50,000IOWA CITY IOWA 52240 6 LIBRARIES $ 14,200 $ 7 SOCIAL SERVICES FOR AGED OR POOR $ $ 8,880 8 FINANCIAL ADMINISTRATION $ $ 9 MULTIPURPOSE AND GENERAL GOVT. $ 3,506 10 EDUCATION$ D REPORT V e7srto(nSUC[ion D$ 282,577 1. Balance as o1June 30. 19 I1 SOCIAL In 2. Revenue Sharing Funds 2-73 DEVELOPMENT $ r355 Received from July 1, 1976 thru December 31, 1976 $ 12 HOUSING 8 COM -3. MUNITY DEVELOPMENT $ Interest Received S750 or Credited (July 1, 1976 thru December 31, 1976) $ , 13 ECONOMIC DEVELOPMENT $ 4. Funds Released from Obligations (IF ANY) $ S. Sum of lines 1, 2, 3, 4 $ 14 OTHER (Speclly) $ 6. Funds Returned to ORS (IF ANY) $ 7. Total Funds Available $ 561,682 15 TOTALS $ 17,706 $256.177 6. Total Amount Expended 273,883 (Sum of line 15, column B' and column C) $ NONDISCRIMINATION 'FL OFRTIFICATION' I certily REQUIREMENTS that I am the Chief HAVE BEEN MET Executive Officer and. 1equlrNA LOCAL NEWSPAPER OF GENERAL CIRCU- ef he; t (cb�lo nlu3)orPine n aicning Tunas prommnon taecnon (F) THE NEWS MEDIA HAVE BEEN ADVISED THAT A COMPLETE COPY OF THIS L' ) 2�22�77 LAT ONREPOR?NHAVEACOPAS BEEN YOF THIS LISHED IREPORT AND RECORDS DOCUMENTING THE SI.'euhauser, Mayor nit re of Chlef Executive Date Mary GCONTENTS. THEY ARE OPEN FOR PUBLIC SCRUTINY AT Finance Name and Title De artment Civic Center, 410 E. Washin-no- n - IMPORTANT: THE UPPER HALF OF THIS PAGE INIUST BE PUBLISHED (SEE INSTRUCTION H) It is not required that the lower half of this form be published. Has the availability of Revenue Sharing funds enabled your govern- ment to: (Check as many as apply.) ® Prevent new taxes ® Maintain current tax levels Reduce taxes In Prevent new debts (H) PUBLICATION (refer to instruction H) The upper part of this reportwas published in the follow - Ing newspaper on the stated date at a cost of—i ✓ Name of Newspaper Iowa City Press—Citizen Date Prevent Increased taxes Reduce old debts DO NOT WRITE IN THIS SPACE FOR REVENUE SHARING USE ONLY , (1) Person completing this report (Please print) 1 2 3 4 5 6 7 8 9 10 111112 13 14 15 16 17 18 2 1 Rosemary Vitosh Director of Finances 2 2 2 3 Name Title 2 4 319 354-1800 Ext. 221 (Area code) Telephone Number) THIS REPORT MUST BE RECEIVED BEFORE MARCH 1, 1977 BY: OFFICE OF REVENUE SHARING 2401 E STREET, N.W. WASHINGTON, D.C. 20226 349 000009134- 1 / � RESOLUTICN NO. 77-58 RESOLUTION SUPPORTING THE JOHNSON OOUNTY BOND ISSUE FOR A COUYIY AL)MINISTRATIOiN BUILDING AND A JOINT LAW FACILITY WHEREAS, the City Council of Iowa City, Iowa, and the Board of Supervisors of Johnson County, Iowa, jointly believe that law enforcement within the respective jurisdictions can best be served by promoting cooperative undertakings, and WHEREAS, facilities shared by the Police Department of Iowa. City, Iowa, and the Sheriff's Department of Johnson County, Iowa, should enhance the effectiveness and efficiency of both departments, and WFIEREAS, a duplication of space and similarity of efforts now exists, to some degree, between the respective law enforcement agencies, and WHEREAS, the present Johnson County Jail is in poor condition and in need of replacement, and WHEREAS, the Johnson County Courthouse is an architectural landmark which has been placed on the National Register of Historical Places and has qualified for federal funds to assist in its restoration and preservation, NOW, THEREFORE, be it resolved that the City Council of Iowa City, Iowa, supports the concept of the county administration building and joint law enforcement facility and urges the residents of Iowa City and all of Johnson County to support the referendum on March 8, 1977. It was moved by Balmer , seconded by Ferret that the Resolution as read be a opt�lTce , an3 upon roll cal t ere were: AYES: NAYS: ABSENT: x Balmer x deProsse x Foster X Neuhauser x Perret x Selzer x Vevera Passed and approved this 22nd day of February , 1977. Mayor ATTEST: Y.c.Fi,�1. B444 - Deputy City Clerk $ECEIVE'D & APPROVED �r' 3 LEGAL tD-u -1 -) R l � ( I! /0/ Z64 -/�6 RESOLUTION NO. 77-59 RESOLUTION AUTHORIZING FILING OF A COMMUNITY DEVELOPMENT BLOCK GRANT APPLICATION IN THE AMOUNT OF $2,061,000 UNDER THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974, INCLUDING ALL UNDERSTANDINGS AND ASSURANCES CONTAINED THEREIN AND DESIGNATING THE CITY MANAGER AS THE AUTHORIZED CHIEF EXECUTIVE OFFICER FOR THE GRANT. WHEREAS, the City of Iowa City, Iowa, is an eligible unit of general local government authorized to file an application under the Housing and Community Development Act of 1974; and, WHEREAS, the City of Iowa City, Iowa, has prepared an application for federal assistance with a Community Development Block Grant in the amount of $2,061,000; and, WHEREAS, the City Council of Iowa City, Iowa, has provided the residents of the community with opportunities to participate in the application's development; and, WHEREAS, the City Council of Iowa City, Iowa, believes that the public interest will be.served by filing said application with the United States government; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the City Manager of Iowa City be and he is hereby directed to file with the United States Department of Housing and Urban Development an application for federal assistance under the Housing and Community Development Act of 1974; and, BE IT FURTHER RESOLVED that the City Manager is further authorized and directed to provide the necessary understandings and assurances required by the Department of Housing and Urban Development in connection with said application, specifically assurances contained in HUD Form 7015.12 (11-75); and, BE IT FURTHER RESOLVED that the City Manager is designated as the Chief Executive Officer and as the representative of the applicant to act in connection with the application and to provide such additional information as may be required. It was moved by Foster and seconded by Ferret that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Balmer X deProsse X Foster X Neuhauser X Perret X Selzer X Vevera Passed and approved this 22nd day of February 1977• n+ , ATTEST: �flEA' Q• I3�au '5tp� City Clerk Mayor /11ECEIOED - APPROVED 8Y .THE LEGAL DEPART1,211,1T RESOLUTION NO. 77-60 RESOLUTION APPROVING THE PRELEMIWN Y AND FI RL PLAT OF TRACY LANE ADDITION WHEREAS, the owner and proprietor, North Bay Construction, Inc., has filed with the City Clerk plat and subdivision of the following described premises located in Johnson County, Iowa, to -wit: Commencing at the Northeast corner of the Northwest Quarter of Section 23, Township 79 North, Range 6 West of the 5th Principal Meridian; thence S 1°39'10" E, 375.4 feet; thence S 1°20'10" E, 471.62 feet along the centerline of Sycamore Street; thence S 89°55'38"_W, 215.95 feet on the South line of Part One, Hollywood Manor Addition, an Addition to Iowa City, Iowa, to the point of beginning; thence S 17°19'38" W, 166.00 feet; thence southeasterly 63.77 feet along a 150.00 foot radius curve concave northeasterly (whose 63.29 foot chord bears S 85°40'36" E); thence southeasterly 65.19 feet on a 50.00 foot radius curve concave south- westerly (whose 60.67 foot chord bears S 60°30'13" E); thence N 66°50'53" E, 120.67 feet; thence S 4°53'58" E, 143.53 feet on the westerly line of Sycamore Street; thence S 1°20'10" E, 61.11 feet on the westerly line of Sycamore Street; thence S 89°55'38" W, 341.99 feet on the North line of Part Two Hollywood Manor Addition, an Addition to Iowa City, Iowa; thence N 1020'10" W, 350.09 feet on the East line of said Part Two Hollyw.00d Manor; thence N 89°55'38" E, 159.04 feet on the South line of said Part One Hollywood Manor to the point of beginning. Said tract containing 1.92 acres. All/in accordance with the recorded plats recorded in Johnson County, Iowa. WHEREAS, said property is owned by the above named owner and the dedication has been made with the free consent and in accordance with the desire of the proprietor. WHEREAS, said plat and subdivision is found to conform with Chapter 409 of the 1975 Code of Iowa as amended, and all other statutory requirements. WHEREAS, said plat and subdivision was examined by the Planning & Zoning Commission and recommended that said plat and subdivision known as TRACY LANE ADDITION, be accepted and approved. g'5 Res. 77-60 -2- NOW THEREFORE, BE IT RESOLVED by the City Council of Iowa City, Iowa, that said plat and subdivision located on the above described property be and the same is hereby approved, and the dedication of the streets and parks as by law provided is hereby accepted. BE IT FURTHER RESOLVED that the City Clerk of Iowa City, Iowa, is hereby authorized and directed to certify a copy of this Resolution to the County Recorder of Johnson County, Iowa. Adopted at a regular meeting of the City Council on the 22ndday of February , 1977. MARY NE USER Mayor. A yt �'+4' J. 3et� Vicki J. Brei Deputy City Clerk. STATE OF IOWA ) SS: COUNTY OF JOHNSON ) I, Vicki J. Brei, Deputy Clerk of the City of Iowa City, do hereby certify that the above and foregoing is a true and exact copy of a Resolution adopted by the City Council of Iowa City, Iowa, at a regular meeting held on the 22nd day of February , 19.77 , all as the same appears of record in my office. DATED at Iowa City, Iowa, this 22 N day of rrfhft" �4y 1977. l/, ak% S. SAPU Vicki J. Brei, Deputy City Clerk of the City of Iowa City, Iowa. IEC E^IED & APP; OR SD` m BY " V GAL DEPsR;=' IT /a y AYES: NAYS: ABSE'N'T: BALMER x dePROSSE x FOSTER x NEUFlikWER _ x PERRET x SELZER x VEVERA x Moved by Selzer, seconded by Foster that the Resolution as read be adopted. l/, ak% S. SAPU Vicki J. Brei, Deputy City Clerk of the City of Iowa City, Iowa. IEC E^IED & APP; OR SD` m BY " V GAL DEPsR;=' IT /a y RESOLUTION NO. 77-61 RESOLUTION PROHIBITING PARKING ON TITE WEST SIDE OF SUMMIT STREET FROM THE CENTERLINE OF COURT STREET EXTENDED TO A POINT 75' NORTII OF TILE CENTERLINE OF COURT STREET EXTENDED WHEREAS, the Ordinances of the City of Iowa City, Iowa, allow the City Council to prohibit parking by resolution on designated streets, and WHEREAS, the City Council deems it in the public interest to prohibit parking on the West side of Summit Street from the centerline of Court Street extended to a point 75' North of the centerline of Court Street extended. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA: 1) That parking is hereby prohibited on the West side of Summit Street from the centerline of Court Street extended to a point 75' North of the centerline of Court Street extended. 2) That the City Manager is hereby authorized and directed to cause appropriate signs to be posted to effectuate the provisions of this Resolution. It was moved by Balmer and seconded by Selzer that the Resolution as read-Fe—adopted, and upon roll caTT t ere were: AYES: NAYS: ABSENT: x x dePROSSE x FOSTER x NEUHAUSER x PERRET x SELZER C ..i is ....:, x VEVERA �DJ Resolution No. 51 Page 2 Passed and approved this 22nd day of February , 1977. Attest: Yiolu J• $► Qs�aaify Zity er /a 6 A -W - e4—& RESOLUPION NO. 77-62 RESOLUTION ADOPTING PHASE II OF THE IOWA RIVER CORRIDOR STUDY. WHEREAS, the City of Iowa City desires to establish direction for future preservation, development, and management of the River Corridor Study Area, and WHEREAS, the City of Iowa City contracted with Stanley Consultants, Inc. to write a report which will enable the City of Iowa City and its residents to preserve, develop and manage the River Corridor Study Area., and WHEREAS, the Plan is not a definition of hard and fixed boundaries for public acquisition or private land use, but rather a flexible base out- lining public desires and concerns which can be integrated with private development through maximum public/private imagination and cooperation, NOW,THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, 1. That Phase II, Iowa River Corridor Study be adopted. It was moved by Foster and seconded by Vevera that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT x Balmer x deProsse x Foster x Neuhauser x Perret RECEIVED & APPROVED LEGAL DEPARTMENT x Selzer x Vevera Passed and approved this 22nd day of February , 1977. ATTEST: i S. ,7)4it4j Ml�Q� t \ . AUAlkA.1.t,3rA ('i+., C`lark Mavnr RESOLUTION NO. 77-63 RESOLUTION APPROVING CLASS C LIQUOR CONTROL LICENSE APPLYZ'' UM BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Liquor Control License application is hereby approv=or the following named person or persons at the following described location: Michael R. Hanrahan dba/ Depot Lunch, 114 Wright St. Said approval shall be subject to any conditions I or re- strictions hereafter imposed by ordinance or State law. The City Clerk shall cause a recommendation for approval to he endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond, sketch of the premises and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by Balmer . and seconded by Selzer that the Resolution as reads a adopted, and upon roll call there were: AYES: NAYS: ABSENT: Balmer x deProsse x Foster x Neuhauser x Perret x Selzer x Vevera x Passed and approved this 1st day of March 19 77 RESOLD -TION N0. 77-64 RESOLU21ON AUPHORIZING EXECUTION OF AGREEMENTS FOR OVERIVIDTH PAVING wfErwS, the City of Iowa City, Iowa, has negotiated an agreements with Bryn Mawr Heights Development Company , a copy of said, agreements being atta to tms Resolution and blas reference made a7 -part hereof, and, WHEREAS, the City Council deems it in the public interest to enter into said agreements for ovemidth paving for the following: Bryn b[awr Heights Part 8 - $8,500 - Sunset Dr. T, Denbigh Dr. Bryn hWvr Heights Part 9 - $8,000 - Denbigh Dr. Bryn Mawr Heights Part 10- $8,000 - Denbigh Dr. The agreements will be contingent on approval of the final plat. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL: 1. That the Mayor and City Clerk are hereby authorized and directed to execute the agreements with Bryn DIawr Heights Development Company. 2. That the City Clerk shall furnish copies of said agreements to any citizen requesting same. It was moved by Balmer and seconded by Selzer the Resolution be adopted, and upon roll call there vnre: i AYES: NAYS: ABSEP: X BALMER X dePROSSE X POSTER X NEUHAUSER X PERRET X SELZER X VEVERA Passed and approved this 1st day of March , 1977. 4ww AMayor TTrST: ( � �c�E J City Clerk BY 7113 Lccial /D A G R E E M E N T WHEREAS, Bryn Mawr Heights Development Co. is the Developer of the Bryn Mawr Heights, Part 8 _ subdivision, an Addition to the City of Iowa City, Iowa, according to the recorded Plat thereof, and WHEREAS, the City Council and the Planning F, Zoning Commission of Iowa City, Iowa, have required, as a condition of the approval of said subdivision, that the Developer shall improve Sunset St. and Denbigh Dr. by paving said streets49 $ 36 feet wide, back-to-back of the curb, respectively, and WHEREAS, The City of Iowa City has agreed to reimburse the Developer for the cost of said improvement which is in excess of 28 feet in width and said cost has been determined to be less than .Ten Thousand Dollars ($10,000.), and that no bids are required, pursuant to Chapter 384of the Code of Iowa, and the City of Iowa City has determined that the cost of Eight Thousand Five Hundred Dollars ( $8,500.00 ) is a fair and reasonable price for the cost of the additional pavement required. IT IS THEREFORE AGREED, by and between the parties as follows: 1. That the Developer shall contract for the paving of said street and shall be responsible for seeing that it is paved, pursuant to the Ordinances, rules, regulations and specifications of the City of Iowa City, Iowa. 2. That upon completion of the paving improvement and the acceptance of the work and the street by the City of Iowa City, that the City of Iowa City shall pay to the Developer, the sum of $9.85 per square yard, but not to exceed i $8,500.00 as full payment for its share of the improvement in excess of the width of 28 feet. 3. It is understood and agreed by and between the parties that nothing herein contained, nor shall the entering into of this agreement by the City of Iowa City be deemed to constitute in any way a waiver of any of the Ordinances, rules regulations or specifications of the City of Iowa City, and the Developer hereby agrees to comply with all Ordinances, rules, regulations and specifications of the City of Iowa City, and all of the laws of the State of Iowa. k, Dated at Iowa City, Iowa, this 16th day of February A.D., 1977 CITY OF IOWA CITY, IOWA BRYN MAWR HEIGHTS DEVELOPMENT COMPANY SEAL BY /f By: Mayor ZFfesideht Ear M. Yoder /' Attest BY City Clerk Secretary arles A. Barker By TI:� Uoat D=1n_'1`...::n! A G R E E M E N T WHEREAS, Bryn Mawr Heights Development Co. is the Developer of the Bryn Mawr Heights, Part 9 subdivision, an Addition to the City of Iowa City, Iowa, according to the recorded Plat thereof, and WHEREAS, the City Council and the Planning B Zoning Commission of Iowa City, Iowa, have required, as a condition of the approval of said subdivision, that the Developer shall improve Denbigh Drive by paving said street 36 feet wide, back-to-back of the curb, and WHEREAS, The City of Iowa City has agreed to reimburse the Developer for the cost of said improvement which is in excess of 28 feet in width and said cost has been determined to be less than Ten Thousand Dollars ($10,000.), and that no bids are required, pursuant to Chapter384 of the Code of Iowa, and the City of Iowa City has determined that the cost of Eight Thousand Dollars ( $8,000.00 ) is a fair and reasonable price for the cost of the additional pavement required. IT IS THEREFORE AGREED, by and between the parties as follows: 1. That the Developer shall contract for the paving of said street and shall be responsible for seeing that it is paved, pursuant to the Ordinances, rules, regulations and specifications of the City of Iowa City, Iowa. 2. That upon completion of the paving improvement and the acceptance of the work and the street by the City of Iowa City, that the City of Iowa City shall pay to the Developer, the sum of $9.85 per square .yard, but not to exceed $ 8,000.00 as full payment for its share of the improvement in excess of the width of 28 feet. 3. It is understood and agreed by and between the parties that nothing herein contained, nor shall the entering into of this agreement by the City of Iowa City be deemed to constitute in any way a waiver of any of the Ordinances, rules regulations or specifications of the City of Iowa City, and the Developer hereby agrees to comply with all Ordinances, rules, regulations and specifications of the City of Iowa City, and all of the laws of the State of Iowa. Dated at Iowa City, Iowa, this 16th day of February , A.D., 19 77 CITY OF IOWA CITY, IOWA By:(. Mayor J Attest 0_11ffee City Clerk BRYN MAWR HEIGHTS DEVELOPMENT COMPANY By By By 71:2 L-:1 A G R E E M E N T WHEREAS, Bryn Mawr Heights Development Co. is the Developer of the Bryn Mawr Heights, Part 10 subdivision, an Addition to the City of Iowa City, Iowa, according to the recorded Plat thereof, and WHEREAS, the City Council and the Planning F, Zoning Commission of Iowa City, Iowa, have required, as a condition of the approval of said subdivision, that the Developer shall improve Denbigh Drive by paving said street 36 feet wide, back-to-back of the curb, and WHEREAS, The City of Iowa City has agreed to reimburse the Developer for the cost of said improvement which is in excess of 28 feet in width and said cost has been determined to be less than Ten Thousand Dollars ($10,000.), and that no bids are required, pursuant to Chapter384 of the Code of Iowa, and the City of Iowa City has determined that the cost of Eight Thousand Dollar ( $8,000.00 ) is a fair and reasonable price for the cost of the additional pavement required. IT IS THEREFORE AGREED, by and between the parties as follows: 1. That the Developer shall contract for the paving of said street and shall be responsible for seeing that it is paved, pursuant to the Ordinances, rules, regulations and specifications of the City of Iowa City, Iowa. 2. That upon completion of the paving improvement and the acceptance of the work and the street by the City of Iowa City, that the City of Iowa City shall pay to the Developer, the sum of $9.85 per square yard, but not to exceed $ 8-000.00 as full payment for its share of the improvement inlexcess of the width of 28 feet. 3. It is understood and agreed by and between the parties that nothing herein contained, nor shall the entering into of this agreement by the City of Iowa City be deemed to constitute in any way a waiver of any of the Ordinances, rules regulations or specifications of the City of Iowa City, and the Developer hereby agrees to comply with all Ordinances, rules, regulations and specifications of the City of Iowa City, and all of the laws of the State of Iowa. Dated at Iowa City, Iowa, this 16th day of February A.D., 1977 CITY OF IOWA CITY, IOWA BRYN MAWR HEIGHTS DEVELOPMENT COMPANY A i By: N_L! C. Mayor 0 a, 41 zC Attest City Clerk By ZPresident Ear Yoder Yoder By (T l Secretary Charles A. Barker R-esived & Pi—p-o•..nA By T:;_ lc --i D:1:zr- -nt iia RESOLUTION NO. 77-65 RESOLUTION APPROVING FINAL PLAT OF VILLAGE GREEN, PART 6 WHEREAS, the owner and proprietor, Iowa City Development Company, has filed with the City Clerk the plat and subdivision of the following described premises located in Johnson County, Iowa, to -wit: Commencing at the center of Section 13, T79N, R6W of the 5th P.M.; thence East 402.08 feet on the centerline of the American Legion Road; thence N 890 33' 00" E, 1079.64 feet on said centerline to the point of beginning; thence N 89° 33' 00" E, 503.86 feet along said center line to a point of tangency; thence Easterly on said centerline 125.00 feet on a 22,920 foot radius curve concave southerly (which chord bearing is N 89° 42' 22" E, and chord distance is 125.00 feet); thence S 37° 30' 00" W, 236.00 feet; thence S 040 30' 00" E, 154.65 feet; thence S 06° 39' 52" W, 240.00 feet to a point on the North R.O.W. line of Village Road; thence S 250 38' 40" W, 60.00 feet to a point on the South R.O.W. line of Village Road; thence Westerly on said South R.O.W. line 60.80 feet on a 190.00 foot radius curve concave southerly, (which chord bearing is N 730 31' 22" W, and chord distance is 60.54 feet) to a point of tangency; thence Westerly on said South R.O.W. line 393.04 feet on a 2070.00 foot radius curve concave Southerly (which chord bearing is N 88° 07' 46" W, and chord distance is 392.45 feet); thence N 0° 39' 00" E, 599.33 feet to the point of beginning. Said tract containing 7.08 acres more or less. WHEREAS, said property is owned by the above named corpora- tion and the dedication has been made with the free consent and in accordance with the desire of the proprietor. WHEREAS, said plat and subdivision is found to conform with Chapter 409 of the 1975 Code of Iowa and all other statutory requirements. WHEREAS, said plat and subdivision was examined by the zoning and planning commission which recommended that said plat and subdivision be accepted and approved. NOW THEREFORE BE IT RESOLVED by the City Council of Iowa City, Iowa, that said plat and subdivision located on the above described property be, and the same is hereby approved, and the dedication of the streets and parks as by law provided is hereby accepted. // 3 Resolution #77- 65 Page 2 BE IT FURTHER RESOLVED that the City Clerk of Iowa City, Iowa, is hereby authorized and directed to certify a copy of this Resolution to the County Recorder of Johnson County, Iowa. It was moved by Selzer , seconded by Balmer , that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Passed and approved this BALMER dePROSSE FOSTER NEUHAUSER PERRET SELZER VEVERA 1st day of March, 1977. �o� �aliAel MAYOR A;TEST: ITY CLERK FA E:ac:3i—. 1 A l.proiad Cj� RESOLUTION NO. 77-66 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE 1977 TENNIS COURT LIGHTING PROTECT ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECT- ING CITY CLERK TO PUBLISH NOTICE TO BIDDERS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. WHEREAS, notice of public hearing on the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project was published as required by law, and the hearing thereon held. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project are hereby approved. 2. That the amount of bid security to accompany each bid for the construction of the above-named project shall be in the amount of $2)000.00 payable to Treasurer, City of Iowa City, Iowa. 3. That the City Clerk is hereby authorized and directed to publish notice for the receipt of bids for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the city not less than four (4) nor more than twenty (20) days before the date established for the receipt of bids. 4. That bids for the construction of the above-named project are to be received by the City of Iowa City, Iowa, at the Office of the City Clerk, at the Civic Center, until 10:00 A.M. on the 29th day of March 1977. Thereafter, the bids will be opened by the City Engineer i , and thereupon referred to the Council of the City of Iowa City, Iowa, for action upon said bids at its next meeting to be held at the Council Chambers, Civic Center, Iowa City, Iowa, at 7:30 P.M. on the Sth day of April , 19 77 . // z,' Page 2 77-66 Resolution No. It was moved by Balmer and seconded by' that the Resolution as read, and upon roll ca there were: AYES: NAYS: ABSENT: x BA NER x dePROSSE x FOSTER x NEUHAUSER X_ FERRET x SELZER x VEVERA Passed and approved thislst day of March 1977. ATTEST: 1 CITY CLERK • 1 A ¢ �Q RESOLUTION NO. 77-67 RESOLUTION ESTABLISHING FAIR RE -USE VALUE OF CERTAIN URBAN RENEWAL PROPERTY WHEREAS, the City of Iowa City, acting as the Local Public Agency, hereinafter referred to as the LPA, has entered into a contract for loan and grant with the United States of America for the implementation of an urban renewal project known as City -University Project I, Project Number Iowa R-14, and, WHEREAS, the U.S. Department of Housing and Urban Development has issued regulations setting forth procedures for establishing the Fair Re -Use Value of urban renewal land, and, WHEREAS, the LPA has obtained re -use appraisals, and has obtained Opinions of Value from a review appraiser, and, WHEREAS, the LPA has received staff recommendations regarding the Opinions of Value, and, WHEREAS, the LPA finds the work of the appraisers and the review appraiser to have been performed in a competent and satisfactory manner consistent with State Law and HUD policies; NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, acting as Local Public Agency, that the values opposite each parcel listed in Exhibit A, attached hereto and hereby made a part hereof, are Fair Re -Use Values for such parcels, and; BE IT FURTHER RESOLVED, that the Director of Community Development is hereby authorized to execute Proclaimer Certificates regarding the Fair Re -Use Value of such parcels of land. It was moved by Perret and seconded by Balmer that the Resolution as read be adopted and upon roll call there were: AYES: NAYS: ABSENT: X Balmer X deProsse X Foster X Neuhauser X Perret X Selzer X Vevera Passed and approved this lst day of March ^) Mayor ATTEST: I ,✓i'v! 2 :6v� PD, I;?i ?4 rn* City Clerk �1 L LAG_"" . D:.:_...."Aq ate. 1977 EXHIBIT A TO RESOLUTION N0. 77-67 FAIR RE -USE VALUES PARCEL SQ. FEET USE RE -USE VALUE 64-1 41,600 Hotel/Retail $170,000 65-2 7,280 Retail 78,000 65-4 27,450 Office 155,000 81-1 1,080 Retail 5,000 82-1b 6,000 Retail 64,000 83-1 128,000 Retail 288,000 84-1 102,400 Retail 288,000 93-1 57,000 Residential 128,250 93-2 6,750 Retail/Office/Residential 17,200 93-3 4,000 Retail/Office 14,450 101-2 57,000 Residential 128,250 102-1 2,035 Retail/Office 12,000 102-2 2,040 Retail/Office 14,000 102-3 16,500 Office 91,700 102-4 10,500 Office 58,300 103-3 27,000 Retail 115,000 //Y 4 � esvlutijan Pflerrus, RAYMOND M. HESS of Iowa City effective March 1, 1977 .of (9=1nenbation submitted a resignation from the service of the City and 354ereas, the said RAYMOND M. HESS as an employee of the Iowa City Fire Department has given the City of Iowa City 27 years and 8 months of dedicated service, from July 1, 1949and 00 1O Whrretts, the City Council wishes to commend the said Raymond M. Hess for said service. °z Tofu t4trefore he it yaso%rb bg gilt Qlitg (gounra of Pofoa (fag, Tom= 0 1. That the City Council of Iowa City, Iowa hereby commends RAYMOND M. HESS H for meritorious service in the Fire Department of the City over the years 0 2. That the City Council extends the gratitude of the City to the said RAYMOND M. HESS to 11 for his service. N IIN 3. That the Mayor and City Clerk are hereby authorized and directed to certify a copy of this resolution to RAYMOND M. HESS It was moved by Vevera and seconded by Selzer that the Resolu- tion be adopted. Passed and This 8th day Ayes: Balmer, deProsse, Foster Neuhauser, Selzer, Vevera MAYOR Approved of March, 1977 Nays: None. Absent: Perret. RESOLUTION NO. 77-69 RESOLUTION OF APPROVAL OF CLASS "C" BEER PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class "C" Beer Permit Application is hereby approved for the following named per- son or persona at the following described locations: Cedar Falls Oil dba/Holiday Stationstore #92, Highway 6 & Rocky Shore Drive Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance or state law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, surety bond and all other information or documents required to the Iowa Beer and Liquor Control Dypartment. it was moved by Foster and seconded by deProsse that the Resolution as read be adopted, and upon roll call there were: Balmer AYES: NAYS: ABSENT: eProsse x Foster x Neu auser x erret x Selzer x evera x Passed this 8th day of March , 19 77 /go RESOLUTION NO. 77-70 RESOLUTION OF APPROVAL OF CLASS "C" BEER PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class "C" Beer Permit application is hareby approved for the following named per- son or persona at the following described locations: Drug Fair, Inc. dba/Drug Fair, 121 E. Washington Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance or state law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the came together with the license fee, surety bond and all other information or documents required to the Iowa Beer and Liquor Control Dpyarhment, It was moved by Foster and seconded by deProsse that the Resolution as read be adopted, and upon roll call there were: Balmer deProsse Foster eu auser erret __9'e_l z e r evera AYES: NAYS: ABSENT: x x x x F Passed this 8th day of March 19 77 /a i RESOLUTION NO. 77-71 CLASS C RESOLUTION TO REFUND PORTION OF/LIQUOR LICENSE FEE WHEREAS, Ambrose Inc. dba/ Hoodv Blue , at 1200 South Gilbert Court has surrendered Liquor License n C-7418 to the Iowa State Beer $ Liquor Control Department, has received the State share of 35% of one quarter/$ of the liquor license fee, and, R'HEREAS, the above licensee has applied for refund of the City's share of 65% of one quarter$ of the liquor license fee, BE IT RESOLVED B Y THE CITY COUNCIL OF IOiVA CITY, IOWA, that the Mayor and City Clerk be authorized and directed to draw a warrant on the General Fund in the amount of $ 211.25 , payable to Ambrose, Inc. dba/Moody Blue for refund of portion of'Liquor Permit #('7413 It was moved by Foster and seconded by deProsse as read be adopted, and upon roll call there were: AYES NAYS ABSENT Balmer x deProsse x Foster x Neuhauser x Ferret x Selzer x Vevera that the Resolution Passed and approved this 8th day of March, 1977. 1 � + J 9 A ' // n Mayor . - q// ATTEST: City Clerk /a a RESOLUTION N0. 77- -71— -7 7-C1-7PERMIT WHEREAS, Central Vendors, Inc. dba aax GilberGil r and t St. Tap in Iowa City, Iowa, has surrendered cigarette 77-40 g permit Nos- 77-61 , expiring June 30 � ly 77 and requests a refund on the unused portion thereof, now therefore, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that cigarette 77-40 Central Vendors, Inc., 53 Second St. permit Nos:. 7_ 7-6issued to be cancelled, and BE IT FURTHER RESOLVED that the Mayor and City Clerk be and they are hereby authorized and directed to draw a warrant on the General Fund in the amount of ($25.00 each) $ .50.00 , payable to _CentralyPndnra, Tnr as a refund on cigarette 77-40 and g permit Nos. . It was moved by Foster and seconded by deProsaP that the Resolution as read be adopted, and upon roll call there were: Passed this 8th day of March r 19 77 �a3 AYES: EUL ABSENT: Balmer x deProsse x Foster x Neuhauser x Perret x Selzer x Vevera x Passed this 8th day of March r 19 77 �a3 RECORD Or rr'UBLIC HEARING AND ADOPTION OF BUDGET 77-73 On.___._____..____— -------- - ._____-__---- CII__1 . 1977, the Council of the City of____ IOWA CITY_- _ ____- _ _ met for the purpose of conducting apublic hearing on the proposed 1977-78 Budget as published (posted). A quorum was present. Notice of time and place of hearing had been published on __February__22_---------- _-- ------ ___ .......... 1977, in the IOWA CITY PRESS -CITIZEN _ and the affidavit of publication was available to file with the County Auditor. (or) Notice of the time and place of hearing had been posted on ----- —------------------- .-_----------------- .__-------- 1977, in the following locations: The budget estimate was considered and taxpayers and citizens heard for and against said estimate asfollows: _Appeal_for _reinstatement of funds_for Ba)toq;h,�ittle_Ieague_.znd_Gatl's Softball_ -Jerry Sulliyan�_ 1906 _California_Ay_e_,_Wires,-_Babo-Rutb;--Iaae__Hagardorii, 1208 Arthur, Pres. Girl's Softball Assn.; Howard Villhauer, Pres. Boy's Baseball; Dr. D. Conlon, 3 Glendale Circle; Dick Kratoska; Mike Cilek, 350 Magowan; Bob Commi-rrgs;--40--Hawthm me- --- Unir--- Footba3-1---Coarh;--Jim--C iek;--264&--Prirrcetorr-Av-e:'------___. at the public hearing on March 1, 1977, After giving opportunity for all desiring to be heard/ the Council adopted the following budget resolution on March 8, 1977. Resolution No. -77-73. A RESOLUTION ADOPTING THE ANNUAL BUDGET FOR THE FISCAL YEAR ENDING JUNE 30, 1978._____-. Be It Resolved by the Council of the City of ------- _-------------------------- ----- Iowa_City__--_- Iowa: The annual budget for the fiscal year ending June 30, 197.8_____, as set forth in the Budget Summary Certificate and in the detailed budget in support thereof showing the revenue estimates and appro- priation expenditures and allocations to programs and activities for said fiscal year is adopted, and. the clerk is directed to make the filings required by law and to set up his books in accordance with the summary and details as adopted. Passed and approved on -__ --------------------- _h_larcb__8_------------ 1977 ...... by the following vote: (List names.) Moved by Foster, seconded by deProsse, that the Resolution as read be adopted. Ayes:--•--------------------------------------------------------- Nays:--------------- — ------ ----- - deProsse Balmer Foster Selzer Neuhauser vevera Absent: Perret11.' 1 /s/---?,M-t -----cc1 �i Q,1-- .- , Mayor ATTEST: /sl--- -------------- - Clerk is y Form 835 (Sheet 1) nvw •cxunu co.. veraeroxr. ,vxv ADOPTED BUDGET CERTIFICATE OF CITY TAXES Fiscal Year July 1, 1977 -June 30, 1978 CITY OF ---IOWA_ CITY_IOWA__ ------ -------------------____-- _ __----------------- Population.47744- CERTIFICATION To: County Auditor and Board of Supervisors of._..-_jQHNSON COUNTY -_...._.._County, Iowa. At a meeting of the City Council, held after public hearing as required by law, on._MARCR__------- —_-_— ----- _------ ------------------- 1977, the proposed Budget for July 1, 1977 - June 30, 1978, was adopted as summarized and attached hereto and tax levies voted on all taxable property of this City. Authorization for write-in or capital improvement levies: Election (If Required) Code - Levy Citation Month HeldOn Year Conditions, If Any Relating to Levy County I County I There is attached a General Obligation Bond Schedule for the debt service needs. (If any.) There is attached a copy of the detailed city budget as adopted (minimum requirements are Budget Preparation Forms 2 and 3). Telephone /s/- - -, - — -- ------------ , Clerk Abbie Stolfus� Area Code ( 1Q---- ___) ____354-184D._Exi.__21.4. Address ------ __ Zip_52240 This Section reserved for County Auditor's Use A. Moneys and Credits General Fund Tax Asking (Box 252) $. Less, M & C deduction (Box 051) $._-_-_.—_-.__- Net General Fund Tax Asking $----------- --- Net General Fund Tax Levy (Box 052) $--- _..._-_-.- B. 1007c valuations as of January 1, 1976 Regular Agricultural Land ❑ Proof of Publication Filed. GRAND TOTAL DISTRIBUTION OF TOTAL* County County County If located in more than one county, give separate valuation for each county. FILING File two copies of the Certification and supporting documents and one copy of the proof of publica- tion or an affidavit of posting with the County Auditor by March 15, 1977. Complete statement on reverse side of this certification. CERTIFICATION APPROVED AND FILED IN STATE COMPTROLLER'S OFFICE 197.,...... By— — — — — -- --- (OVER) -- Local Budget Division /aS RESOLUTION NO. 77-74 RESOLUTION AUTHORIZING CORRECTION OF SPECIAL ASSESSMENT FOR 1968 PAVING AND SEWER PROJECT FOR PROPERTY OWNED BY JOHN H. AND GERTRUDE MILDER. WHEREAS, in 1968 the City levied a paving assessment of $2,108.17 against property owned by John H. and Gertrude Milder, more particularly described as follows: That part of the following described parcel lying SWly of a line parallel with and 300.0' NEly of the NEly line of Prairie du Chien Road.: Beg. at the NE cor. sec. 3-79-6; thence S. 183.0'; thence W. 383.9'; thence N. 40.0'; thence W. 200.01; thence NW 190.0' thence E. to the pt. of beg., and WHEREAS, in 1968 the City levied a sewer assessment of $1,288.45 against property owned by John H. and Gertrude Milder, more particu- larly described as follows: Sally 150' of following: Beg. NE cor. 3-79-6, S. 183' W. 383.9 feet, N. 401, W. 238.61, NW 190', East to beg., and WHEREAS, the above property descriptions indicated a front footage of 190 feet for the assessed properties, when the actual front footage was 158 feet, and WHEREAS, the Public Works Department has calculated that the correct paving assessment should have been $1,773.23; and the correct sewer assessment should have been $1,089.82, and WHEREAS, the City Council has authority to correct erroneous assessments by virtue of section 384.74, 1975 Code of Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That a corrected paving assessment of $1,773.23 is hereby assessed against certain property of John H. and Gertrude Milder correctly described as follows: �� .. 11,,. I i -ts -2- ilio -7,Ct- That part of the following described parcel lying Sally of a line parallel with and 300.0' NEly of the NEly line of Prairie du Chien Rd.: Beg. at the NE cor. sec. 3-79-6; thence S. 183.0'; thence 11. 383.9'; thence N. 40.01; thence W. 200.0'; thence Nally along the NEly line at Prairie du Chien Road 1581; thence E. to the point at beg. 2. That a corrected FQ— Ag r ---. assessment of $1,089.'82 is hereby assessed against certain property of John H. and Gertrude Milder correctly described as follows: The Sally 150' of the following: beg. at the NE cor. of sec. 3-79-6; thence S. 183.0'; thence W. 383.9'; thence N. 40.0'; thence W. 200'; thence Nally along the NEly line of Prairie du Chien Road 158'; thence E. to the point of beg. 3. That the Finance'Director is hereby authorized and directed to refund to John H. and Gertrude Milder the difference between the amount of the original assessments and the amount of the corrected assessments, plus interest at seven per cent per annum. 4. That the City Clerk is hereby authorized and directed to certify a copy of this resolution to the County Auditor. It was moved by deProsse Vevera and seconded by that the Resolution as reale adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x deProsse x Foster x Neuhauser x Perret x Selzer x Vevera Passed and approved this 8th day of March 1977. y --1AAn , (' . 1) 9U9,cW-W ATTEST: Mayor x-1-2- iii City Clerk RECEIULD & APPROVED BY TWE LEGAL D2PIRTLIEZU �ii� IMAf?-75 Resolution No. -- 74 -2- That part of the following described parcel lying Sally of a line parallel with and 300.0' NEly of the NEly line of Prairie du Chien Rd.: Beg. at the NE car. sec. 3-79-6; thence S. 183.0'; thence W. 383.9'; thence N. 40.0'; thence W. 200.0'; thence Nally along the NEly line at Prairie du Chien Road 1581; thence E. to the point at beg. 2. That a corrected paving assessment of $1,089.82 is hereby assessed against certain property of John H. and Gertrude Milder correctly described as follows: The SWly 150' of the following: beg. at the NE car. of sec. 3-79-6; thence S. 183.0'; thence W. 383.91; thence N. 40.0'; thence W. 200'; thence Nally along the NEly line of Prairie du Chien Road 1581; thence E. to the point of beg. 3. That the Finance Director is hereby authorized and directed to refund to John H. and Gertrude Milder the difference between the amount of the original assessments and the amount of the corrected assessments, plus interest at seven per cent per annum. 4. That the City Clerk is hereby authorized and directed to certify a copy of this resolution to the County Auditor. It was moved by Vevera deProsse and seconded by that the Resolution as read be adopted, and i upon roll call there were: AYES: NAYS: ABSENT: x Balmer x deProsse x Foster x Neuhauser x Perret x Selzer x Vevera Passed and approved this 8th day of March , 1977. . � A OJAALLVA Mayor ATTEST: City Clerk RECEIVED & APPROVED Bi n 1$E n m LEG_,L DEPAR1L EZiT J�N4C3 znAR-» . p7 -3 - State of Iowa ) ) SS County of Johnson) on this day ofyl1n_r'IJZ c�J , in the year /5 77 P)i , before me, (rLC ( a notary public in and for said county of h(_c state of residing therein, duly commissioned and sworn, personally appeared Mary C. Neuhauser known to me to be the Mayor, and Abbie Stolfus city clerk of the City of Iowa City known to me to be the , the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same, In witness whereof, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Notary Public in and for Johnson County, State of Iowa /a8 County Johnson ✓ RESOLUTION NO. 77-75 RESOLUTION ON ACQUISITION OR DEVELOPMENT FOR OUTDOOR RECREATION UNDER THE LAND AND WATER CONSERVATION FUND PROGRAM WHEREAS, THE City of Iowa City is interested in Name of Agency acquiring lands or developing outdoor recreational facilities on the following described project for the enjoyment of the citizenry of Iowa City and the State of Iowa: Project Title Park Shelters- ligther and Willow, (:rank Parka Total Estimated Cost $ 50,000.00 (fifty thousand dollars) Brief Description of Project: The City of Iowa City proposes to purchase and construct two shelters with water and toilet facilities. One shelter would be located at 'Wetherby Park (14 acres located on Taylor Drive) and the other at Willow Creek Park (27.2 acres located on West Benton). Construction work will be performed by city employees. AND, Land and Water Conservation Fund financial assistance is required for the acquisition or development of said outdoor recreational facilities, NOW THEREFORE, be it resolved by the City of Iowa City that the project described above be authorized, AND, be it further resolved that said City of Iowa City make application to the State Conservation Commission to seek Land and Water Conser- vation Fund financial assistance from the Bureau of Outdoor Recreation in the amount of 50 `/, of the actual cost of the project in behalf of said City of, To•.•a Y Cit . AND, be it further resolved by the City of Iowa City that it certifies to the following: 1. That it will accept the terms and conditions set forth in the BOR Grants -in - Aid Manual and which will be a part of the Project Agreement for any grant awarded under the attached proposal. SCC-L&WCF-1 Revised 12/70 �a9 r' 2. That it is in complete accord with the attached proposal and that it will carry out the acquisition and/or development in the manner described in, the proposal and any plans and specifications attached thereto unless prior approval for any change has been received from the State Conserva- tion Commission. 3. That it has the ability and intention to finance its share of the cost of the project and that the project will be operated and maintained at the expense of said City of Iowa City for public outdoor recreation use. 4. That no financial assistance has been given or promised under any.other Federal program or activity with regard to the proposed project.* 5. That it will not discriminate against any person on the basis of race, color or national origin in the use of any property or facility acquired or developed pursuant to this proposal, and shall comply with the terms and intent of Title VI of the Civil Rights Act of 1964, P.L. 88-352 (1964) and of the regulations promulgated pursuant to such Act by the Secretary of the Interior and contained in 43 CFR 17. 6. That it will maintain adequate'financial records on the proposed project i to substantiate claims for cost sharing. This is to certify that the foregoing is a true and correct copy of a reso- lution duly and legally adopted by the City of Iowa City at a legal meeting held on this Sthday of March , 19 77 \% / — S1— gnatnfc City Clerk Title C. Signature Mayor Title *The City of Iowa City is an entitlement city and the matching requirement will be from H.C.D.A. funds. /?d Paye 2 Resolution No. T, ,5 It was moved by deProsse and seconded by Selzer that the Resolution as rea e a opze , and upon roll call tn.are were: AYES: NAYS: ABSENT: x Balmer deProsse Foster Neuhauser Perret Selzer Vevera va ■cU-"Ca Say lee 4 -- DATE: March 14, 1977 TO: FROM: City Clerk's Office RE: Resolution Correcting Assessment We are calling to your attention a typing error in the Resolution No. 77-74 as routed to your office. Please correct your copy. County Auditor Clerk's Auditor's Book -1968 Paving Public Works -Farmer Treasurer -Heaton Milder Resolution File Legal-Bowlin RESOLUTION NO. 77-76 RESOLUTION APPROVING CLASS "B" BEER PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class "B" Beer Permit Application is hereby approved for the following named person or persons at the following described location: Taco Grande of Southeast Iowa, Inc. dba/ Taco Grande, 331 East Market St. Said approval shall.be subject to any conditions or re- strictions hereafter imposed by ordinance or State law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by Balmer and seconded by Selzer that the Resolution as re— awe adopted, and upon ro ca there were: AYES: Balmer _x deProsse x Foster x Neuhauser — x Perret x Selzer x Vevera x NAYS: ABSENT: Passed and approved this 15th day of March I; , . 19 77 RESOLUTION NO. 77-77 M OV N. OF CLASS B Beer BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class B Sunday Sales Permit application is hereby approved or t e ollowing named person or persons at the following described location: Taco Grande of Southeast Iowa, Inc. dba/Taco Grande, 331 East Market Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance of state law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, bond, and all other information or docu- ments required to the Iowa Beer and Liquor Control Department. It was moved by Balmer r and seconded by Selzer that the Resolution a-s—r-5-aT De adopted, and upon roll ca there were:, %32 AYES: NAYS: ABSENT: -7 r Balmer x deProsse x Foster x Neuhauser x Perret x Selzer x Vevera x Passed this 15th day of March 19 77 , %32 RESOLUTION NO. 77-78 RESOLUTION APPROVING CLASS C LIQUOR CONTROL LICENSE APPLTMTO BE IT RESOLVED BY THE CITY COUNCIL OF IOT4A CITY, IOWA, that a Class C Liquor Control License application is hereby approve or the following named person or persons at the following described location: Magoo's Inc. dba/Magoo's, 206 N. Linn Street Said approval shall be subject to any conditions ( or re- strictions,hereafter imposed by ordinance or State law. The City Clerk shall cause a recommendation for approval to he endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond, sketch of the premises and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by Balmer and seconded by Selzer that the Resolution as res a adopted, and upon—r-61I--calT there were: AYES: NAYS: ABSENT: Balmer x deProsse x Foster x Neuhauser x Perret x Selzer x Vevera x Passed and approved this 15th day of — March , 19 77 . Ay RESOLUTION NO. 77-79 RESOLUTION TO REFUND BEER PEIU4IT Iowa City Pizza Co, Inc.,dba WHEREAS, Shakey's Pizza Parlor & Ye at 531 Highway #1 West Public House B-5928 has surrendered beer permit No. expiring June 30, 1977 and requests a refund on the unused portion thereof, now therefore, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that said beer permit be and the same is hereby cancelled, and BE IT FURTHER RESOLVED that the Mayor and City Clerk be and they are hereby authorized and directed to draw a warrant on the General Fund in the amount of $ 75.00 payable to Iowa City Pizza Co., Inc. dba Shakey's Pizza Parlor & Ye for refund of beer permit No.B-5928 Public House It was moved by Balmer and seconded by Selzer that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Balmer x deProsse x Foster x Neuhauser x Perret x Selzer x Vevera x Passed this 15th day of March 1 19 77 RESOLUTION No. 77-80 RESOLUTION TO ISSUE CIGARETTE PERMITS WHEREAS, the following firma and persona have made application, filed the bond, and paid the mulct tax required by law for the sale of cigarettea and cigarette papers; therefore, ' BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the applications be granted and the cigarette bond now on file in the office of the City Clerk be and the same are hereby approved, and the City Clerk be and he is hereby directed to issue a permit to sell cigarette papers and cigarettoa to the following named persons and firms: Michael R. Nicholls'dba/Donutland, Inc. Store No. 13 1818 Lower Muscatine Road i It was moved by Balmer and seconded by Selzer that the Resolution as res be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Balmer X deProsse X Foster X Neuhauser X Perret X Selzer X Vevera X Passed this • 15th day of March 19 77 . 136 RESOLUTION NO. 77--- 77-9/ RESOLUTION TO REFUND CIGARETTE PERMIT WHEREAS, Iowa City Pizza Co., Inc. dba at 531 Highway 1 West Shakey's in Iowa City, Iowa, has aurrondared cigarette permit No. 77-54 exairinR June 30 19 77 and requests a refund on the unused portion thereof, now therefore, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that cigarette permit No. 77-54 , issued to Iowa City Pizza Co., Inc. dba/Shaker's be cancelled, and BE IT FURTHER RESOLVED that the Mayor and City Clerk be and they are hereby authorized and directed to draw a warrant on the General Fund in the amount of $ 25.00 Iowa Cit Pizza Co. payable to Y as a refund on cigarette permit No. 77-54. It was moved by Balmer and seconded by SPI7.Pr that the Resolution as read be adopted, and upon roll call there were: Balmer deProsse Foster Neuhauser Perret Selzer Vevera AYES: JAM ABSENT: x x x Passed this 15th day of March 19 77 /37 /rte. j;"-" RESOLUTION NO. 77-82 RESOLUTION APPROVING FINAL PLAT OF STURGIS CORNER WHEREAS, a final plat of Sturgis Corner, Iowa City, Iowa, has been filed with the Clerk of Iowa City, and after consideration was found to be in accordance with the provisions of the laws of the State of Iowa and the ordinances of the City of Iowa City, Iowa, by the Iowa City Planning and Zoning Commission, and WHEREAS, an improvement agreement has been entered into between the City of Iowa City and Southgate Development Com- pany, Inc., which provides for the installation of concrete paving within such subdivision, and WHEREAS, the dedication has been made with the free con- sent and in accordance with the desire of the proprietors. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Iowa City, Iowa, that the said final plat of Sturgis Corner be and the same is hereby acknowledged and approved on the part of Iowa City, Iowa, and the dedication of the streets as by law provided is hereby accepted., BE IT FURTHER RESOLVED that at such time as the certificates required pursuant to the provisions of Chapter 409 of the Code of Iowa have been executed and presented to the Clerk, the Mayor and the Clerk are hereby directed to certify a copy of this re- solution to the County Recorder of Johnson County, Iowa. The foregoing resolution was moved by Selzer and seconded by Balmer at a duly con- vened meeting of the City Council of Iowa City, Iowa, held at the Civic Center, Iowa City, Iowa, on the 15th day of blarch 1977, commencing at 7:30 P.M. Upon roll call, the following vote was taken: Rye -E d & C.Fnrcvol Ey It:: Lcja! D.pa—.—=nl a� Res. No. 77-82 - 2 - Balmer deProsse Poster Neuhauser Perret Selzer Vevera Aye X Nay Absent Aye X Nay Absent Aye X Nay Absent Aye X Nay Absent Aye X Nay Absent Aye X Nay Absent Aye X Nay Absent The foregoing is hereby duly certified by Abbie Stol£us, the City Clerk of Iowa City, as a true and exact copy of a resolution of the City Council of Iowa City, Iowa, adopted at a regular meeting held on the 15th day of March 1977. Tbbie Stol us, City Clerk o Iowa City, Iowa Passed and approved this 15th day of March , 1977. ATTEST: Ci y Clerk 139 RESOLUTION NO. 77-83 RESOLUTION ACCEPTING PRELIMINARY PLAT' AND LARGE SCALE RESIDENTIAL DEVELOPMENT FOR "THE WESTIVINDS" BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the approval of the preliminary plat and larae scale residential develop- ment plan of "The West:inds" be granted with the following conditions: 1. that the left -turn traffic lane on Melrose Avenue be provided at the expense of the developer. 2. that the storage lane, or right -turn lane, on Westwinds Avenue be dedicated, but not constructed at this time, but that a waiver of future assessment be granted. It was moved by Balmer and seconded by Selzer that the resolution as read be adopted and upon roll call there were: AYES: NAYS: ABSENT: Passed and approved this 15th day of /March , 1977. MAYOR ATTEST:' CITY CLERK RESOLUTION NO. 77-84 RESOLUTION ALLOWING PARKING ON THE SOUTH SIDE OF HIGHLAND AVENUE FROM THE INTERSECTICN OF HIGHLAND AVENUE WITH THE CRANDIC R.R. RIGHT-OF-WAY EAST TO A POINT 200 FEET EAST OF THE INTERSECTION OF HIGHLAND AVENUE WITH HIGHLAND COURT; AND PROHIBIT PARKING ON THE NORTH SIDE OF HIGHLAND AVENUE PROM THE INTERSECTION OF HIGHLAND AVENUE WITH GILBERT STREET EAST TO A POINT 200 FEET EAST OF THE INTERSECTION OF HIGHLAND AVENUE WITH HIGHLAND COURT WHEREAS, the Ordinances of the City of Iowa City, Iowa, allow the City Council to establish and prohibit parking by resolution on designated streets, and, WHEREAS, the City Council deems it in the public interest to reverse existing parking patterns on Highland Avenue in order to improve sight distance characteristic for the T intersection of Highland Avenue with Gilbert Court, and Highland Avenue with Highland Court. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IM CITY, IOWA, as follows: 1) That parking be allowed on the South side of Highland Avenue from the intersection of Highland Avenue with the Crandic R.R. right-of-way East to a point 200 feet East of the intersection of Highland Avenue with Highland Court. 2) That parking be prohibited on the North side of Highland Avenue from the intersection of Highland Avenue with Gilbert Street East to a point 200 feet East of the intersection of Highland Avenue with Highland Court. 3) That the City Manager is hereby authorized and directed to take all steps necessary to carry out the provisions of this Resolution. It was moved by Selzer , seconded by Foster that the Resolution as read be as pt�ec��upon roll call t ere were: AYES: NAYS: ABSENT: x BALMER x dePROSSE X FOSTER x NEUHAUSER x PERRET X SELZER x VEVERA Passed and appooved this 15th day of March 1977. ATTEST: �2fL 2" City Clerk Ldm a .n MAYOR Recnvad & A. i,p-oved By Tha Legal D_p:!fan=nt Nk, /y/ RESOLUTION NO. 77-85 RESOLUTION AUTHORIZING THE INSTALLATION OF THREE 30 -MINUTE PARKING METER STALLS IN THE 500 BLACK ON SOUTH SIDE OF IOWA AVENUE WHEREAS, the City Council of the City of Iowa City, Iowa, deems it in the public interest and in the interest of traffic safety, to establish three 30 -minute parking meter stalls on the South side of Iowa Avenue from a point approximately 100 feet east of the intersection of Iowa Avenue with Van Buren Street east approximately 60 feet, and WHEREAS, the Ordinances of the City of Iowa City, Iowa, provide that the City Council may establish such meters and meter zones by Resolution. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, as follows: 1) That three 30 -minute parking meter stalls are hereby established on the south side of Iowa Avenue from a point approximately 100 feet east of the intersection of Iowa Avenue with Van Buren Street east approximately 60 feet. 2) That said parking meters established on the south side of Iowa Avenue from a point approximately 100 feet east of the intersection of Iowa Avenue with Van Buren Street east approx- imately 60 feet shall be half hour meters at a rate of St per half hour. 3) That the City Manager is hereby authorized and directed to take all steps necessary to carry out the provisions of this Resolution, and to have appropriate meters placed in said block. 4) That this Resolution shall be in effect after the installation of said parking meters. It was moved by Balmer , seconded by _ hi r that the Resolution as read be adopte��on roll call there were: AYES: NAYS: ABSENT: x Passed and adopted this BAUER dePROSSE FOSTER NEUHAUSER FERRET SELZER VEVERA 22nd day of March , 1977. MAYOR Received & Approved By ThD Lea) D�partmant C /-f_'2— RESOLUTION NO. 77-86 RESOLUTION AUTHORIZING MAYOR TO SIGN CONTRACT WITH TELE JOHNSON COIkM REGIONAL PLANNING CU'TUSSION TO PREPARE A HIMi N NEEDS PLAN WHICH LULL BE A PART OF THE; IOWA CITY COMPREHENSIVE PLAN. WHEREAS, the City of Iowa City is developing a Co,-rprehensive Plan for guiding the development and gra.,th of Iowa City, and 1%1EREAS, the City recognizes the importance of planning to meet human needs and desires to include such information in the Comprehensive Plan, and I*MREAS, the Commission is capable of doing such research and planning as part of their human needs planning for Johnson County, and INHEREAS, an agreement to provide such human needs planning has been negotiated between the City of Iowa City and the Johnson County Regional Planning Commission. NOW, THEREFORE, BE IT RESOLVED BY TIS COUNCIL OF THE CITY OF IO%A CITY, 1. That the Mayor is authorized to sign, and the City Clerk to attest, the Agreement ikdch has been negotiated between the City of Iowa City and the Johnson Cotmty Regional Planning Commission, a copy of which Agreement is attached to this Resolution as Exhibit 1, and by this reference made a part hereof. 2. That the Mayor is authorized to sign, and the City Clerk to attest, this Resolution. It was moved by Perret and seconded by deProsse that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X BahTer a X deProsse x Foster X Neuhauser x Perret X Selzer x Vevera Passed and approved this 22nd day of March 1977. AjaAttest: Ilayor City Clerk A VH i�� , Exhibit 1 RECFi;-- •°.� � 5 AGREEMENT 1977 THIS AGREEMENT entered into as of this 9th day of February, 1977, by and between the City of Iowa City,—Iowa (hereafter referred to as the "City") and the Johnson County Regional Planning Commission of Iowa City, Iowa (hereafter referred to as the "Commission"), WITNESSETH: WHEREAS, the City is developing a Comprehensive Plan for guiding the development and growth of Iowa City, and WHEREAS, the City recognizes the importance of planning to meet human needs and desires to include such information in the Comprehensive Plan, and WHEREAS, the Commission is capable of doing such research and planning as part of their human needs planning for Johnson County; NOW, THEREFORE, the parties hereto do mutually agree as follows: A. Scope of Services The Commission shall perform the necessary services provided under this contract in connection with and respecting the following program: Human Services Planning Program The goal of the Commission's Human Services program is to make the provision of human services in Johnson County as efficient and effective as possible by providing policymakers with the information necessary to make sound decisions about needs and resource programs. The problem -identifying tasks utilized will gather, compile and organize information about human needs and resources within Iowa City and Johnson County so that deficiencies in priority areas can be identified and remedies proposed. This program will provide the City with information from which policies can be made for inclusion ir. the Comprehensive Plan. The following shall be accomplished: 1. An advisory committee will be established to review the progress of human resource research and data gathering, to provide advice in identifying resource deficiencies, and to help develop an ongoing process for planning and coordinating human services. 2. Data will be collected from human service agencies in the following priority areas: 1) Family and Individual Support and Maintenance; 2) Emergency Income and Material Sul 't; 3) Mental Health/Cher 11 Dependency; 4) Public Protection and Justice. Data will explain the services currently available or planned for the near future. 3. A needs analysis of Iowa City residents for human service in the priority areas identified in Section 2A will be carried out and presented to the City; human resource and service deficiencies in the priority areas will be included in the anal-ysis. The results of previous reports and surveys in this area will be assembled and used whenever possible. Information received from the Citizen Partici- pation process carried out by the City will be included. Other need identification techniques will be used to the extent resources allow. 4. An ongoing planning process for human services will be developed by the staff and advisory committee. B. Work Products 1: Develop a work program for submission to the Director of Community Development which identifies tasks, personnel allocations and time periods by June 1, 1977 for approval by the City. 2.. Submit monthly reports presenting costs incurred, progress in the work program, and deficiencies in the work program by the 1st day of each month. 3. Data summaries which identify the current level of service for each priority area will be compiled and presented to the City. Detailed, raw data will be maintained by the Regional Planning Commission and will be made available to the City upon request. 4. Prepare and submit to the City a completely documented written report detailing the human resources available in each of the priority areas listed above (Scope of Services, A-2). Dates for such presentations will be specified in the work program. 5. Prepare and submit a written proposal identifying an ongoing process that could be adopted and implemented for continually planning for human needs services. C. Term of Agreement This agreement shall be in effect starting on February 9, 1977 and shall terminate on March 31, 1979. D. Compensation The total scope of the Commission's human service planning program will include all of Johnson County, Iowa. The City agrees to reimburse the Commission for seventy-five percent (75%) of the total program costs as specified below, but in an amount not to exceed $54,324. -3- 1. Program Costs Program Costs shall be those costs actually incurred in the performance of the program. These costs shall include: a. Cost of Personnel. The actual cost of the time spent by Commission staff on this program. This shall include, but is not limited to, time spent on this program by the Director, Senior Planner, Planner, and research assistant. b. Cost of Personnel Benefits. The cost of Personnel Benefits shall include the COmmission's,cOntribution to payroll taxes, the Iowa Public Employees Retirement System, employment insurance, health insurance, and life insurance are allowable. In all cases, the Commission's Personnel Policy shall govern the allow- ability of Personnel Benefit costs. C- Direct Costs. Costs directly incurred in the perform- ance of this program.shall be allowable. Direct Costs shall include, but are not limited to, the expenses for telephone, postage, reproduction, printing travel, and professional consulting services, provided that no contract for professional consulting services in excess of $5,000 shall be incurred without the prior approval by the City of Iowa City. 2. Maximum Compensation The maximum compensation to be made by the City shall be $54,324. 3. Method of Payment I Compensation shall be paid monthly, at the end of each month in which costs were incurred, provided that the Commission has certified to the City an accounting of costs incurred during the month. E. Audit The Commission shall, as part of its regular fiscal year audits during the teL of this contract, have an audit of the CertifiednPublal lcrAccountant. ', eoCity shallrreceivea copies of the results of each off these audits. -4- F. Time of Performance The services of the Commission shall begin on February o, 1977, and shall be completed no later than March 31, 1979. It is mutually agreed that ten percent (10%) of the compensation, an amount not Citv's to exceed X5,432, shall be Withheld by the City until completion of the project. It is further agreed that upon the failure of the Commi complete services herein prescribed by March 31 , 197o, the ssio�i to payments so withheld and all future paymen and retained by thts will be deducted e City as liquidated damages; provided, that the City may at its option extend such time for comple- tion in writing, which extension shall delay the application of the penalty provisions contained herein. H. Modifications to Contract Either party may from time to time, request changes in the scope of the services of the Commission to be performed hereunder. Such changes which are mutually agreed upon by and between the City and the Commission shall be incorporated in written amendments to this contract. I. Terms and Conditions 1. The City will have the right, at its cost, to reproduce any and all documents, forms, etc., developed for this program. 2. Insofar as any of the provisions of the statement of assurances, attached hereto as Exhibit "A" and by this reference made a part hereof, are applicable to the program provided hereunder, the Commission shall be obligated to conform to the assurances. 3. The terms and conditions of a "Contract for/Professional and Technical Services," attached hereto as Exhibit "B", are by this reference made a part of this contract. 1117 IN WITNESS WHEREOF, this the City of Iowa City and by ing Commission as of the date ATTEST: -5 - Agreement has been executed by the Johnson County Regional Plann- first above written. CITY OF IOWA CITY, IOWA '111 h 1 JA C. -1U ul.rjj Mary CAeuhauser, Mayor JOHNSON COUNTY REGIONAL PLANNING COMMISSION cz, Lt Isabel Turner, Chairperson aCEIVED & 9PPr.OVED BX 1^FLE LEGAL DEPARTMENT U.! ARTMENT OF HOUSING AND URBAN DEVE ENT Attachment A ASSURANCES The applicant hereby assures and certifies with respect to the grant that: (1) It posx.sses legal authority to apply for the grant, and to execute the proposed program. (2) Its governing body has duty adopted or passed as an official act a resolution, motion or similar action authorizing the filing of the application, including all understandings and assurances contained therein, and directing and designating the authorized represcntative of the applicant to act in connection with the application and to provide such additional information as may be required. (3) It has complied with all the requirements of OMB Circular No. A-95 as modified by Sections 570.300(c) (for entitlement applicants) or 570.400(d) (for discretionary applicants) and that either () any comments and recommendations made by or through clearinghouses are attached and have been ennsidcred prior to submission of the application; or (d) the required procedures have been followed and no comments or recommendations have been received. (4) Prior to submission of its application, the applicant has: () provided citizens with adequate information concerning the amount of funds available for proposed community development and housing activities, the range of activities that may be undertaken, and other important program requirements; (ii) held at least two public hearings to obtain the views of citizens on community development and housing needs; and (iii) provided citizens an adequate opportunity to articulate needs, express preferences about proposed activities, assist in the selection of priorities, and otherwise to participate in the development of the application. (5) Its chief executive officer or other officer of applicant approved by HUD: (i) Consents to assume the states of a responsible Federal official under the National Environ ,,ntal Pbticy Act of 1969 insofar as the provisions of such Act apply to the applicant's proposed program pursuant to 24 CFR 570.603; and Oil) Is authorized and consents on behalf of the applicant and hirmelf to accept the jurisdiction of the Federal co"-. for the Purpose or enforcement of his responsibilities as such an official. (6) The Community Development Program has been developed so as to give maximum feasible priority to activities which will benefit low or moderate income families or aid in the prevention or elimination of slums or blight. Where an or part of the community development program activities are designed to meet other community development needs having a Particular urgency, such needs are specifically described in the application under the Community Development Plan Summary. (7) It will comply with the regulations, policies, guidelines and requirements of Federal Management C[rculars 74-4 and 74-7, as they relate to the application, acceptance and use of Federal funds for this federally -assisted program. (8) It will administer and enforce the labor standards requirements set forth in Section 570.605 and HUD regulations issued to implement such requirements. (9) It will comply with all requirements imposed by HUD concerning special requirements of law, program requirement; and other administrative requirements approved in accordance with Federal Management Circular 74-7. (10) It will comply with the provisions of Executive Order 11296, relating to evaluation of flood hazards. (11) It will comply with: (i) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) and the regulations issued pursuant thereto (24 CFR Part I), which provides that no person in the United States shall on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the applicant receives Federal financial assistance and will immediately take any measures necessary to effectuate this assurance. If any real property or structure thereon is provided or improved with the aid of Federal financial assistance extended to the applicant, this assurance shall obligate the applicant, or in the case of any transfer of such property, any transferee, for the period during which the real Property or structure is used for a purpose for which the Federal financial assistance is extended or for another purpose involving the provision of similar services or benefits. ()i) Title VIII of the Civil Rights Act of 1968 (P.L. 90.284) as amended, administering all programs and activities relating to housing and community development in a manner to affirmatively further fair huusing; and will tale action to affvmatively further fair housing in the sale or rental of huusing, the financing of housing, and the provision of brokerage services within the applicant's jurisdiction. j HUD -7015.12 (11-75) j� (iii) Section 109 of sn: tlousing and Community Development Act of 1974, and the regutationn issued pursuant thereto (24 ChR 570.601), which provides that no person in the United States shall, on the ground of race, color, national origin or sex, be excluded from participation in. be denied the benefits of, or be subjected to discrimination under, any program or activity funded in whole or in part with Title 1 funds. (iv) Executive Order 11063 on equal opportunity in housing and nondiscrimination in the sale or rental of housing built with Federal assistance. (v) Executive Order 11246, and all regulations issued pursuant thereto (24 CpR Part 130), which provides !hat no Person shall be discriminated against on the basis of race, color, religion, sex or national origin in all phases of employment during the performance of Federal or federally . assisted contracts_ Such contractors and subcontractors shall take affirmative action to insure fair treatment in employment, up_radinx, demot;on, or transfer; recruitment or recruitment advertising; layoff or iennination, rates of pay or other forms of compensation and selection for training and apprenticeship. (vi) Section 3 of the Housing and Urban Development Act of 1968, as amended, requiring that to the greatest extent feasible opportunities for training and employment be given lower income residents of the project area and contracts for work in connection with the project be awarded to eligible business concems which are located in, or owned in substantial part by, persons residing in the area of the project. (12) It will: (i) In acquiring real proptrty in connection with the conerartily development block grant Program, be guided to the greatest extent practicable under State Law, by the real property acquisition. policies set out under Section 301 of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L 91-646) and the Provisions of Section 302 thereof: (ii) Pay or reimburse property owners for necessary expenses as specified in Section 303 and 304 of the Act; and (iii) Inform affected persons of the benefits, policies, and procedures provided for under HUD regulations (24 CFR Part 42). (13) It will: (i) Provide fair and reasonable relocation payments and assistance in accordance with Sections 202, 203, and 204 of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and applicable HUU regulations (24 CFR Part 42), to or for families, individuals, partnerships, corporations or associations disptaeed as a result of any acquisition of real property for an activity assisted under the program; (ii) Provide relocation assistance programs offering the services described in Section 205 of the Act to such displaced families, individuals, partnerships, corporations or associations in the manner provided under applicable HUD regulations; (iii) Assure that, within a reasonable time prior to displacement, decent, safe, and sanitary replacement dwellings will be available to such displaced families and individuals in accordance with Section 205(c) (3) of the Act, and that such housing will be available in the same range of choices to all such displaced persons regardless of their race, color, religion, national origin, sex, or source of income; i (iv) Inform affected persons of the benefits, policies, and procedures provided for under HUD regulations; and (v) Carry out the relocation process in such a manner as to provide such displaced persons with uniform and consistent services, including any services required to insure that the relocation process does not result in different or separate treatment to such displaced persons on account of their race, color, religion, national origin. sex, or source of income. (14) It will establish safeguards to prohibit employees from using positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business, or other ties (15) It will comply with the provisions of the Hatch Act which limit the political activity of employees. (16) It will give HUD and the Comptroller General through any authorized representative access to and the right to examine all records, books, papers, or documents related to the grant. 15-D U, S. DEP iENT OF HOUSING AND URHAN DE' THENT HUD -4718 R -..-.,IAL ASSISTANCE AD%fINISTMTION (7 e91 Attachment. B CONTRACT FOR PROFESSIONAL OR TECHNICAL SERVICES t Part [I - Terms and Conditions 1. Termination of Contract for Cause. If, through any cause, the Contractor ah'11 Sail to Pul.iill in timely and proper stoner his obligations under this Contract, or if the Contractor shall violate any of'the covenants, agreements, or stipulations of this Contract, the Local Public A3ency oball thereupon have La rv.� t.^. Le:;i:r aLe tufa Contlazt D of such ter.Minatien end a ci i y effectgivingive written notice to the Contractor ast f1vC days before the effective date such termination. In such hh eventof, at ,•eall fiaiahed or unfinnished docu;cnta, data, Studies, and reports prepax,ed by the Contractor under this ConL:tet Shall, at the option of the Local Public Agency, beccae ita property and the Contractor 'shall be entitled to receive just and equitable CC­-7.,cnzatioa for vay satisfactory work completed on Such doctor nts. Notvlthatc-nding the above, the Contractor aball not be relieved of liability to the Local Public AZtacy for damages sustained by the Local Public Agcncy by virtue of any b z ach of the Contract by the Contractor, and the'Local public k;aacy r_.,y witahold c4Y Pay:;nta to the Contractor for the purpose of setoff until ouch tins a3 the exact &mount of daac3es due the Local public Agancy frees the Contractor is determined. 2. Termination for Convenience of Local Public 1,Senc The Local public Agzncy iaay taro nate this Contract any t1u by a notice is writing frc� the Local public A3^ncy to the Contractor. If the Contract is terainated by the Local Public A;ency as provided heroin, the by will be paid an skint which beers the sa:a ratio to the total ccmpansation as the serviced actually I' perforz.:.d bear to the total services of the Contractor cthercd vi this Contract, lean p3 manta o2 co:_-poasation previously talc; Provided, hovever, that if less t^n si-:ty p-nr cent of the services covered by this Contract have been perfor= d uo^n the e^Pecti7e date of such te:-m+.nation, the Contractor Shall be reimbursed (in cddition to tha above payment) for that portion of the actual out-of-pocket exy}snsea (not Otherwise reimbursed under this Contract incurred by the I Contrector during the Contract period which are directly attributable to the unco--pleted portion of the services covered by this Contract. If this Contrac n . t is terminated due to the fault of the Contractor, Section l hereof rei terpition shall apply. lative ac 3• Ch_•n ce. The Local Public Agency may, from time to time, request Such ca 1n the ccope of the services of the Contractor to be performed hereunder. Such chcu os, including any increase or decrease in the amount of the Contractor's co:-pen.;cticn, Lhich are Mutually agreed upon by and betvaen the Local Public Agency e;d the Ccatractor, shall be incorporated in written e Contrmends ata t•0 this act. I 4. Personnel. a. Contractor represents thnt Ana, or will secure et his ova cxp,-nac, all personnel required in perfomlog the services under this Contract. Such peraonnel shall not be e�loyees of or. have any contractual relation hip vith the Loco? Public Aacncy. b. All the services required hereunder will be perforexd by the Contractor or under his cuperviaion and all. personnel engaged in the work shall be fully qualified cad ah711 be authorized or permitted under State and local lav to perfora ouch services. C. NO peraon vbo is serving sentence in a penal or correctional institution chi -11 be e-ployed on work under this Contract. 5. Anti-Kicl:bcck Rules. Salaries of architects, draftsman, technical engineer e, cad techzccicns pCrformiag vork under this Contract shell be paid unconditionclly and not leas often than once a n+onth without deduction or rebate M any sccouat cxcegt only such payroll deductions as are mandatory by lav ' p r_tittod by the epor pliceble regulations issued by the Secretary of Labor pursuant to the "Anti -Kickback Act" of June 13, 1934 (48 Stat, 948; 62 Stat. 74o; 63 stat. 103; title 18 U.S.C., section 874; and title 4U U.S.C,, section 276c). The Contractor chap cc -ply with all applicable "Anti -Kickback" regulations and shall incert c2Pro-pricte provisions In all subcontracts covering work under this Contract to Insure cc::.plic_nce by subcontractors with such regulations, and Shall be rccponrible for the sub --Mission of affidavits required of subcontractors there- under .cept as the Secretary of Labor may specifically provide mor variations of or captions fro -73 the requirecnts thereof. •. 6. HithSolding of Salaries. If, in the performance of this Contract, there Is c-ny undcrp,;rcnt of salaries by the Contractor or bthere- Tinder,, the Local Public ASency Shall withhold from theyContractornout cofr a due to him an rmcunt sufficient to pay to employees underpaid the differences bet"n the salaries required hereby to be paid and the Salaries actually paid Such cm2loyees for the total number of hours worked... The amounts withheld shall be disbursed by the Local Public Agency for and on subccatraccount of the Contractor or actor to the respective employees to whom they are due.. 7. ClairS end Disputes Pertaining to Sal Rates. Claims and disputes Pertainlag to saiury rates or to c1eVSiiications of architects, draftsr_-en, tcchnical.ca„incers, and technlciena performing vork under this Contract shall bz promptly reported in vriting by the Contractor to the Local Public Agency for the-lattcrls deciaioa which eball be final with respect thereto. 8.. Equal F_�loyr_nt Opportunity. During the p;:rforaance of this Contract, the Contractor deco es follovs: a. The Contractor will not discriminate against -arty employee or applicant for employment because of race, color, religion, sex, or national or1E1n. The Contractor will take af£irrative action to ensure that applicants are employed, rad that employees arc treated during =ployc;nt, without regard to their rece, color, religion, sex, or national origin. Such action Shall Include, but not be limited to, the following: cmploy _-nt, upgradin3, de_otion, or trensfer; recruit_eat or recruitment advertioing; layoi`; or tciaination; rates of pay or other fors of cozycnoatica; and selection fo -alning, including apprentici P. The Contractor agrees to post in c )icuous places, available to loyces and applicants for euployacnt, notices to be provided by 'the Local Public Agency setting forth the provisions oL thla nondiacriminatlon clause. . b. The Contractor will, 'in all solicitations or advertisements for employecs placed by or on behalf of the Contractor, state that all qualified applicrnts will receive 'consideration for employment without regard to race, color,-religion,'sex, or national origin. c. The Contractor will cause'the foregoing provisions to be inserted in all subcontracts for any work covered by this Contract so that such provisions will be binding upon each' aubcoatractor,'provided that the foregoing provisions shall not apply to contracts or subcontracts for standard coararclal supplies or raw materials. 9. Discriminstfcn Because of Certain Labor Matters.' No person employed on the work covered by this Contract shall be discharged or in any way discriminated a.gsinat becruae he has flied any ccapl.aint or instituted or caused to be instituted any proceeding or has testified or is about to testify in any proceeding under or relating to the labor standards applicable hereunder to his employer. 10. Coypliance With Local Lava. The Contractor shall comply with all applicable laws, ordinances, and codes of the State and local governments, -%-2d shall co.�it no trespass on any public or private property in performing any of the work enbraced by this Contract. 11. Subcontracting. Hone of the services covered by this Contract shall be subcontracted without the prior written consent of the Local Public Agency. The Contractor shall be as fully responsible to the Local Public Agency for th- acts and omissions of his subcontractors, and of persons either directly or indirectly employed by them, as he is for the acts and omissions of persons directly employed by him. The Contractor shall insert in each subcontract appropriate provisions requiring compliance with the labor standards provisions of this Contract. 12. Assignability. The Contractor shall not assign any interest in this Contract, and shall not transfer any interest in the same (whether by assiy.=rnt or novation) without the prior written approval of the'Local Public Agency; Provided, however, that claims for money due or to become due the Contractor from the Local Public Agency under this Contract may be assigned to a beak, trust company, or other fin_ cie7 institution, or to a Trustee in Bankruptcy, without such approval. Notice of any such assignment or transfer shall be furnished p.ro.Yptly to the Local Public Agency. 13• Interest of Members of Local Public :enc . No member of the governing body of the Local Public Agency, and no other officer, employee, or agent of the Local Public AGency who exercises any functions or responsibilities in connection with the carrying out of the Project to which this Contract pertains, shall have e.ny personal interest, direct or indirect, in this Contract. lb. Interest of Cther Local Public Officials. do member of the governing body of the locality in which the Project Area is situated, and no other public official of ruch locality, who exercises any functions or responsibilities in the review or an7roval of the carrying out of the Project to which this Ccztr.act pertains, shell have any personal interest, direct or indirect, in this Contract. MUD -6718 12-69) 15. Intcrx-A of Carta7.n Fcdornl o:Yicicln. No r rmber of or Dclegato to t?7a Cc:-:'r3s of t;a Uaitcd Strtona co uo l:asiTont Ccn.aioalonar, ohr_11 be cd::ittr.d to cry or past of thio Cnntmct or to ony bonefit to nice horafrcn. 16. Inter :t of Ccntractor. T'ho Contractor covanr-mts that he preoently has no cTu.^11 not —quire ray Inter -cat, direct or indirect., in the nbo:e-e?eeciib d ProJ::ct Area or any parcels therein or czy other interest which urould CC•1-OACt Sn cttiy [==.nner or degree with the perfora nce of bin services her.n ,Jnr, T'ho Cctt;: ctor further co7en.:nts that in thti perfora--nce of this Cojtr.-ct no per-:c.i ljx.- ing eny such interest shall be erployed, �' I RESOLUTION NO. 77-87 RESOLUTION APPROVING CLASS C LIQUOR CONTROL LICENSE APPLiGrA rM BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Liquor Control License application is hereby approved for the following named person or persons at the following described location: B.P.O. Elks #590, 600 Foster Road Said approval shall be subject to any conditions or re- strictions hereafter imposed by ordinance or State law. The City Clerk shall cause a recommendation for approval to he endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond, sketch of the premises and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by Selzer and seconded by Balmer that the Resolution ae re— ad-Ee adopted, and upon ro T caLi there were; . AYES: NAYS: ABSENT: Balmer x deProsse x Foster x Neuhauser x Perret x Selzer x Vevera x Passed and approved this 29th day of March 19 77 /S -s RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Sunday Sales Permit application is hereby approved oIrr die following named person or persons at the following described location: B.P.O. Elks #590, 600 Foster Road n Said approval shall be subject to any conditions or rentrictions hereafter imposed by ordinance of state law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, bond, and all other information or docu— ments required to the Iowa Beer and Liquor Control Department. It was moved by Selzer and seconded by Balmer _ that.the Resolution as read e adopted, and upon roll call there were: AYES: NAYS: ABSENT: Balmer x deProsse x Foster x Neuhauser x Perret x Selzer x Vevera x Passed this 29th day of March , 19 77 /J-6 RESOLUTION NO. 77-89 RESOLUTION APPROVING FINAL PLAT OF BRYN MAWR HEIGHTS, PT. 8 WHEREAS, the owner and proprietor, Bryn Mawr Heights Development Company, has filed with the City Clerk of Iowa City, Iowa, a plat and subdivision of Part Eight Bryn Mawr Heights, an Addition to the City of Iowa City, Iowa covering the following -described premises located in Iowa City, Johnson County, Iowa, to -wit: and Commencing at the southeast corner of Lot 237, Part 6 Bryn Mawr Heights Addition, Iowa City, Johnson County, Iowa and the point of beginning; thence S 15°46110"W, 554.94 feet along the westerly line of Part 21 of said Addition; thence N 74°13150"W, 272.21 feet; thence N 2005120"E, 190.69 feet; thence N 87°54140"W, 45.17 feet; thence N 2°05120"E, 120.00 feet to a point on the southerly line of Part 7, of said Addition; thence S 87°54'40"E, 100.41 feet along the southerly line of Part 7 of said Addition; thence S 74°13'50"E, 172.01 feet along the southerly line of Part 7 of said Addition to a point on the easterly right-of- way line of Sunset Street; thence N 15°46'10"E, 240.00 feet along the easterly right-of-way line of Sunset Street to a point on the southerly line of said Part 6 and the southwest corner of Lot 237, Part 6, of said Addition; thence S 74°13150"E, 120.00 feet along the southerly line of Part 6 to the southeast corner of Lot 237, Part 6, Bryn Mawr Heights Addition and the point of beginning. Said tract containing 3.02 acres more or less. WHEREAS, said property is owned by the above-named corporation and the dedications as required by the Subdivision Ordinance of the City of Iowa City have been made with the free consent and in accordance with the desires of said proprietor; and WHEREAS, said plat and subdivision has been examined by the Planning and Zoning Commission of Iowa City, and after due deliberation, said Commission has recommended that said plat and subdivision be accepted and approved; and WHEREAS, said plat and subdivision is found to conform with the requirements of the City Ordinances of the City of Iowa City, Iowa, with respect to the establishment of land 5-7 Res. No. 77-89 -2- subdivisions, and with the requirements of Chapter 409 of the 1975 Code of Iowa, as amended, and all other statutory requirements; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That said plat and subdivision of Part Eight Bryn Mawr Heights, an Addition to the City of Iowa City, Iowa, be and the same is hereby approved by the City Council of Iowa City, Iowa, and the dedication of the streets, sidewalks and walkway set out therein is hereby accepted as by law provided. BE IT FURTHER RESOLVED that the City Clerk of the City of Iowa City, Iowa, is hereby authorized and directed to certify a copy of this resolution and of the final plat of said subdivision to the Office of the County Recorder of Johnson County, Iowa. Passed this 29th day of March , 1977 r `111 ��r `G Liu, c, 0 MARY C. NEUHAUSER, Mayor City ofJIowa City, Iowa. ATT EST: a..� A BIE STOLFUS, Ci y Clerk City of Iowa City, Iowa. RECD?� & AYRROSBT BY The: ].FGAL DEPARTMENT Res. No. 77-89 -3- The above resolution was introduced by Selzer , who moved that the same be adopted. Balmer , seconded the motion to adopt. The roll was called and the vote was: Ayes: deProsse, Foster, Neuhauser, Perret, Selzer, Vevera, Balmer Nayes: None WHEREUPON the Mayor declared the above resolution duly adopted. Passed this 29thday of March , 19 77 . is I!Ilk iu MARY C. NEUHAUSER, Mayor City of Iowa City, Iowa. ATTEST: ABBIE STOLFUS, Pity Clerk City of Iowa City, Iowa. CERTIFICATE STATE OF IOWA ) ) SS: JOHNSON COUNTY ) I, Abbie Stolfus, City Clerk of Iowa City, Iowa, do hereby certify that the above and foregoing is a true and exact copy of a resolution adopted by the City Council of Iowa C'ty, Iowa, at a regular meeting held on the ,YyIt day of .!ti�,l` , 19 '77, all as the same appears of—record in my office. 19-22. Dated at Iowa City, Iowa this 36 %/Lday of . 1 ������ ABBIE STOLFUS, City Clerk City of Iowa City, Iowa. is 9 RESOLUTION NO. WHEREAS, the owner and proprietor, Bryn Mawr Heights Development Company, has filed with the City Clerk of Iowa City, Iowa, a plat and subdivision of Part Nine Bryn Mawr Heights, an Addition to the City of Iowa City, Iowa covering the following -described premises located in Iowa City, Johnson County, Iowa, to -wit: and Commencing at the southwest corner of Lot 208, Part 7, Bryn Mawr Heights Addition, Iowa City, Johnson County, Iowa and the point of beginning; thence S 87°54'40"E, 560.00 feet along the southerly line of Part 7 of said Addition; thence S 2105120"W, 120.00 feet; thence S 87°54'40"E, 45.17 feet; thence S 2°05'20"W, 190.69 feet; thence N 74°13150"W, 19.82 feet; thence N 87°54140"W, 880.90 feet; thence N 2°05'20"E, 120.00 feet; thence N 00003142"W, 66.05 feet; thence N 2016134"E, 116.07 feet; thence S 87°43'26"E, 123.00 feet; thence N 87°05120"E, 50.20 feet; thence S 87054140"E, 124.09 feet to the point of beginning. Said tract containing 6.19 acres more or less. WHEREAS, said property is owned by the above-named corporation and the dedications as required by the Subdivision Ordinance of the City of Iowa City have been made with the free consent and in accordance with the desires of said proprietor; and WHEREAS, said plat and subdivision has been examined by the Planning and Zoning Commission of Iowa City, and after due deliberation, said Commission has recommended that said plat and subdivision be accepted and approved; and WHEREAS, said plat and subdivision is found to conform with the requirements of the City Ordinances of the City of Iowa City, Iowa, with respect to the establishment of land subdivisions, and with the requirements of Chapter 409 of the 1975 Code of Iowa, as amended, and all other statutory requirements; Rec,ivo� a By Tip= Logsl /6 0 -z - NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That said plat and subdivision of Part Nine Bryn Mawr Heights, an Addition to the City of Iowa City, Iowa, be and the same is hereby approved by the City Council of Iowa City, Iowa, and the dedication of the streets, sidewalks and walkway set out therein is hereby accepted as by law provided. BE IT FURTHER RESOLVED that the City Clerk of the City of Iowa City, Iowa, is hereby authorized and directed to certify a copy of this resolution and of the final plat of said subdivision to the Office of the County Recorder of Johnson County, Iowa. Passed this c2911L day of �& , 1977 . L ". l MARY C.4EUHAUSER, Mayor City of. owa City, Iowa. ATTEST: (?IZ j&= L, L - ABBIE STOLFUS, CIYY Clerk City of Iowa City, Iowa. Res. No. 77-90 -3- The above resolution was introduced by SP1 7.pr , who moved that the same be adopted. Balmer , seconded the motion to adopt. The roll was called and the vote was: Ayes: Foster, Neuhauser, Perret, Selzer, Vevera Balmer, deProsse Nayes: None WHEREUPON the Mayor declared the above resolution duly adopted. Passed this 29th day of starch , 19 77. ATTEST: ABBIE STOLFUS, ity Clerk City of Iowa Ci y, Iowa. STATE OF IOWA SS: JOHNSON COUNTY MARY C. EUHAUSER, Mayor City of Iowa City, Iowa. CERTIFICATE I, Abbie Stolfus, City Clerk of Iowa City, Iowa, do hereby certify that the above and foregoing is a true and exact copy of a resolution adopted by the City Council of Iowa ty, Iowa, at a regular meeting held on thea yltday of , 19 7J , all as the same appears o record in my office. Dated at Iowa City, Iowa this , dd day of C LGvc , A BBIE S IE STOL US, ty Clerk City of Iowa City, Iowa. 16 �2- RESOLUTION NO. 77-91 RESOLUTION APPROVING FINAL PLAT OF BRYN MVR HEIMTS, PT. 10 WHEREAS, the owner and proprietor, Bryn Mawr Heights Development Company, has filed with the City Clerk of Iowa City, Iowa, a plat and subdivision of Part Ten Bryn Mawr Heights, an Addition to the City of Iowa City, Iowa covering the following - described premises located in Iowa City, Johnson County, Iowa, to -wit: and Commencing at the northeast corner of the northwest quarter of the southeast quarter of Section 17, T79N, R6W of the 5th P.M. Iowa City, Johnson County, Iowa; thence S 2016134"W, 715.44 feet along the east line of Part 1 and Part 2, Penny Bryn Addition to the southwest corner of Lot 195, Part 4, Bryn Mawr Heights Addition and the point of beginning; thence S 87°43'26"E, 123.00 feet along the southerly line of said Part 4 to a point on the westerly right-of-way line of Denbigh Drive and the southeast corner of said Lot 195; thence N 52°28'14"E, 85.91 feet to a point on the easterly right-of-way line of Denbigh Drive and the southwest corner of Lot 187 in said Part 4; thence S 87°43'26"E, 246.00 feet along the southerly line of said Part 4 to a point on the westerly right-of-way line of Penkridge Drive and the southeast corner of Lot 180 in said Part 4; thence S 54°01152"E, 60.09 feet to a point on the easterly right-of- way line of Penkridge Drive and the southwest corner of Lot 179 in said Part 4; thence S 87°43'26"E, 126.06 feet along the southerly line of said Part 4 to a point on the westerly line of Part 3, Bryn Mawr Heights Addition and the southeast corner of Lot 179 in said Part 4, thence S 2°27'50"W, 601.77 feet along the westerly line of Part 3 and Part 7, Bryn Mawr Heights Addition to a point on the southerly line of said Part 7 and the southwest corner of Lot 208 in Part 7; thence N 87°54'40"W, 124.09 feet; thence S 87°05'20"W, 50.20 feet; thence N 87043126"W, 123.00 feet; thence S 2°16134"W, 116.07 feet; thence S 00°03'43"E, 66.05 feet; thence S 2°05'20"W, 120.00 feet; thence N 87°54140"W, 315.09 feet; thence N 2°16134"E, 888.09 feet along the east line of Part 2 and Part 3, Penny Bryn Addition to the point of beginning. Said tract containing 10.81 acres more or less. WHEREAS, said property is owned by the above-named corporation and the dedications as required by the Subdivision Ordinance of the City of Iowa City have been made with the free consent and in accordance with the desires of said proprietor; Res. No. 77-91 -2- and WHEREAS, said plat and subdivision has been examined by the Planning and Zoning Commission of Iowa City, and after due deliberation, said Commission has recommended that said plat and subdivision be accepted and approved; and WHEREAS, said plat and subdivision is found to conform with the requirements of the City Ordinances of the City of Iowa City, Iowa, with respect to the establishment of land subdivisions, and with the requirements of Chapter 409 of the 1975 Code of Iowa, as amended, and all other statutory requirements; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That said plat and subdivision of Part Ten Bryn Mawr Heights, an Addition to the City of Iowa City, Iowa, be and the same is hereby approved by the City Council of Iowa City, Iowa, and the dedication of the streets, sidewalks and walkway set out therein is hereby accepted as by law provided. BE IT FURTHER RESOLVED that the City Clerk of the City of Iowa City, Iowa, is hereby authorized and directed to certify a copy of this resolution and of the final plat of said subdivision to the Office of the County Recorder of Johnson County, Iowa. Passed this 29thday of March , 19 77. ATTEST: ABBIE STOLFUS, Ci yyClerk City of Iowa City, Iowa. C *XAk&M MARY C. UHAUSER, Mayor City of fowa City, Iowa. RECEIVED & APPROVED BY THE LEGAL DEPARTMENT � Res. No. 77-91 -3- The above resolution was introduced by Vevera who moved that the same be adopted. Perret , seconded the motion to adopt. The roll was called and the vote was: Ayes: Neuhauser, Perret, deProsse, Foster. Nayes: None Selzer, Vevera, Balmer, WHEREUPON the Mayor declared the above resolution duly adopted. Passed this 29th day of March , 19 77 � ( � 1tt MARY C.7E HA SER, Mayor City of` owa City, Iowa. ATTEST: ML At D J ABBIE STOLFUS, C ty Clerk City of Iowa City, Iowa. CERTIFICATE STATE OF IOWA ) ) SS: JOHNSON COUNTY ) I, Abbie Stolfus, City Clerk of Iowa City, Iowa, do hereby certify that the above and foregoing is a true and exact copy of a resolution adopted by the City Council of Iowa City, Iowa, at a regular meeting held on the J day office. of � /, , 19ZZ, all as the same appears of record in my � 19 -7-Z. Dated at Iowa City, Iowa this J'O ZXday of % , �o 244L ABBIE STOLFUS, Cit Clerk City of Iowa City, Iowa. /�'JJ 112 RESOLUTION N0. 77-92 RESOLUTION ESTABLISHING JUST COMPENSATION FOR CDBG PROPERTY ACQUISITION AT THE INTERSECTION OF JOHNSON STREET AND RALSTON CREEK WHEREAS, the City of Iowa City, Iowa, hereinafter referred to as the City, did on December 7, 1976, pass Resolution No. 76-435 approving the work program for the Johnson Street retaining wall removal on Ralston Creek; and, WHEREAS, Resolution No. 76-435 expressed the intent of the Council to obtain fee title or easements for some properties affected by the project and also the intent of the City to use block grant funds for certain projects on Ralston Creek under the Housing and Community Development Act of 1974; and, WHEREAS, the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, applying to CDBG activities, requires the governing body of the local agency to establish an amount it believes to be just compensation for any real property acquisition; and, WHEREAS, said just compensation shall be the City's review appraiser's determination of the fair market value of the property, or an amount no less than said appraiser's determination of fair market value of the property; and, WHEREAS, the Council has reviewed the information on which the fair market value was established; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA: 1. That the price of $ 20,000.00 is hereby declared to be Just Compensation for the purpose of real property acquisition of the north thirty (30) feet of Lot 8, Block 40, Original Town of Iowa City, Iowa, according to the recorded plat thereof, including all interests therein. 2. That the staff of the City is hereby authorized and directed to begin negotia- tions for the purchase of said property and to provide relocation assistance as necessary. 3. That the City Manager, acting as Executive Officer for all Housing and Community Development Block Grant Programs, is hereby authorized to contract for the purchase of said property. It was moved by deProsse and seconded by Perret that the Resolution as read be adopted and upon roll call there were: /4� Res. No. 77-92 -2- AYES: NAYS: ABSENT: x Balmer x deProsse x Foster x Neuhauser x Perret x Selzer x Vevera Passed and approved this 29th day of March , 1977. ATTEST: ( ( -f�e) City C1 Mayor RECEIVED & APPROVED BkALEGAL DEP TM0% �CF(t5 s 7�5 -11 1017 /Ed_ _'-`� RESOLUTION NO. 77-93 RESOLUTION APPROVING FINAL PLAT OF OAKRIDGIi ESTATES WHEREAS, a final plat of Oakridge Estates, .Johnson Count•, Iowa, has been filed with the Clerk of Iowa City, and after consideration the same was found to be in accordance with the provisions of the laws of the State of Iowa and the ordinances of the City of Iowa City, Iowa, by the Iowa City Planning and Zoning Commission and recommended for approval by said commission, and WHEREAS, a future dedication agreement has been entered into between the City of Iowa City and Oakridge Estates, an Iowa General Partnership, which provides for dedication of the streets and cul-de-sacs shown on the final plat of Oakridge Estates in the event of annexation. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Iowa City, Iowa, that the said final plat of Oakridge Estates be and the same is hereby acknowledged and approved on the part of Iowa City, Iowa, and the City Council of the City of Iowa City, Iowa, does hereby waive as to said final plat the requirements of Ordinance Number 9.50.5.A.4.j. The Mayor and the City Clerk are hereby directed to certify this resolution of approval and affix the same to said plat as by law provided to the end that the plat may be recorded. The foregoing resolution was moved by Balmer and seconded by Selzer at a duly convened meeting of the City Council of Iowa City, Iowa, held at the Civic Center, Iowa City, Iowa, on the 29th day of March , 1977, commencing at 7:30 P.M. Upon roll call, the following vote was taken: - °-.= L,; a Res. No. 77-93 2 _ Balmer Aye x Nay Absent_ deProsse pye x Nay Absent Foster Aye x Nay Absent Neuhauser Aye x Nay Absent Perret Aye x Nay Absent Selzer Aye x . Nay Absent Vevera pye x Nay Absent The foregoing is hereby duly certified by Abbie Stolfus, the City Clerk of Iowa City, as a true and exact copy of a resolution of the City Council of Iowa City, Iowa, made at a regular meeting held on the 29th day of March 1977. Abbie Stol us, city Clerk of. Iowa City, Iowa Passed and approved this ;? fl/day of ceit�v 1977. Mayor ATTEST: i ,City Clerk llb� 9 RESOLUTIOV NO. 7 7- 9 4 A RESOLUTION DESIGNATING THE PARKING AREA LOCATED IN UPPER CITY PARK AS A FOUR (4) HOUR PARKING AREA E=- TIVE MONDAY THROUGH FRIDAY AND AUTHORIZING THE CITY MANAGER TO INSTALS. AND MAINTAIN SIGNS STATING AS SUCH. WHEREAS, City Park is a municipal park which provides to the City of Iowa City, Iowa, and its residents a place for general recreation and an opportunity to enjoy the numerous benefits of a natural habitat, and WHEREAS, within City Park are several parking areas which service the park, one of which is located in upper City Park and has access onto Riverside Drive, and WHEREAS, to facilitate use of said parking area located in upper City Park as a parking facility for City Park, the City Council of the City of Iowa City, Iowa, deems it in the public interest to limit parking in said area to a maximum of four (4) hours effective Monday through Friday except for municipal employees holding valid permits for said parking areas, and WHEREAS, pursuant to section 6.46.17 of the Municipal Code of the City of Iowa City, Iowa, restrictions upon parking upon City property may be accomplished by City Council resolution. NOW, THEREFORE, BE IT ESTABLISHED BY THE CITY OF IOWA CITY, IC)Va, that the parking area located in upper City Park be restricted to four (4) hour parking effective Monday through Friday except for municipal employees holding valid permits and that the City Manager be authorized to install and maintain signs stating as such. It was moved by Foster and seconded by Balmer that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer X deProsse x Foster X Neuhauser x Perret X Selzer X Vevera Passed and approved this 29th day of ATTEST: City Clerk March 1977. i /70 RESOLUTION N0. 7 7 - 9 5 RESOLUTION ESTABLISHING ADOPTION FEES FOR DOGS AND CATS AT THE IOWA CITY ANIMAL SHELTER, AND REPEALING RESOLUTION 74-460. WHEREAS, Section 4.21.9 0£ the Code of Ordinances of Iowa City provides for the adoption of animals from the Iowa City Animal Shelter, and WHEREAS, it is necessary to provide fees for the adoption of animals, �1 WHEREAS, the Council finds that it is in the best interest of the citizens of Iowa City that animals adopted from the animal shelter he altered (neutered or spayed) to prevent a proliferation of animals in town; LKi .2 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, 1. That the following adoption fees be established: (a) dogs - $25.00 (b) cats - $15.00 2. That in addition to paying the fee established in section one (1) above, persons adopting an unaltered animal shall make the following deposit with the animal shelter: (a) dogs - $40.00 (b) cats - $30.00 3. Upon the submission of written proof from a licensed veterinarian that the unaltered adopted animal has been altered, the animal shelter shall return the irony deposited pursuant to section two (2) above, subject to the following conditions: (a) if the animal was six (6) months of age or older at the time of adoption, proof that the animal was altered within thirty (30) days of adoption, (b) if the animal was less than six (6) months of age at the time of adoption, proof that the animal was altered within thirty (30) days of the date on which it became six (6) months of age. 4. Animal shelter personnel shall require any person adopting an animal without a valid rabies certification to take the animal to a licensed veterin- arian for a routine health check, worming, routine vaccinations, and determination of age. The veterinarian shall enter the age determination upon a forme supplied by the City, and the person adopting the animal shall return the form to the animal shelter. If the age determination form is not returned to the animal shelter within four (4) days after the person adopting the animal took possession of it, the person adopting the animal shall forfeit the alteration deposit. When the age determination form is returned, the animal shelter shall establish the date by which proof that the animal was altered must be submitted. 171 Res. No. 77-95 -2- 5. The animal shelter may waive the time periods established herein for good cause shown. 6. The animal shelter shall pay no interest on monies deposited pursuant to section twe (2) of this resolution. 7. Resolution No. 74-460 is hereby repealed. It was moved by deProsse and seronded by Foster that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x deProsse x Foster x Neuhauser x Perret x Selzer x Vevera Passed and approved this 29th day of March , 1977. Mayor ATTEST: City Clerk RECEI JET z } TIM -TED BX THE LEGtL D;:TAgTMENT �k i 7a RESOLUTION NO. 77-96 RESOLUTION ENGAGING AUDITOR FOR YEAR ENDING JUNE 30, 1977 BE IT RESOLVED by the City Council of Iowa City, Iowa that the firm of McGladrey, Hansen, Dunn $ Company, Certified Public Accountants, be engaged to conduct the audit for the City of Iowa City for the year ending June 30, 1977. BE IT FURTHER RESOLVED that the City Clerk be appointed to notify the State Auditor. It was moved by Balmer and seconded by Foster that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x deProsse x Foster x Neuhauser x Perret x Selzer x Vevera Passed and approved this 29th day of March , 1977. C aAx►� MAYOR CITY CLERK RECEIVED & APPROVED BY THE LEGAL IEPATTMENT 9HB .3 .11 173 RESOLUTION NO. 77-97 RESOLUTION APPROVING CLASS C LIQUOR CONTROL LICENSE APPL7MM BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Liquor Control License application is hereby approved—Tor the following named person or persons at the following described location: Marquette Club, Knights of Columbus, 328 E. Washington St. Said approval shall be subject to any conditions tor re- strictions hereafter imposed by ordinance or State law. The City Clerk shall cause a recommendation for approval to he endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond, sketch of the premises and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by that the Resolution there were: Balmer deProsse Foster Neuhauser Perret Selzer Vevera Foster and seconded by Bad as read adopted, and upon roll call AYES: NAYS: ABSENT: x Passed and approved this 5th day of April p 19 77 /7�4 RESOLUTION NO OF OF 77-48 ,ASS C Li BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Li uor Sunday Sales Permit application is hereby approved-Tor—Tfie following named person or persons at the following described location: Marquette Club, Knights of Columbus , 328 E. Washington St. Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance of state law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, bond, and all other information or docu- ments required to the Iowa Beer and Liquor Control Department. It was moved by and seconded by that. the Resolution as rea Be a op e , and upon roll call there were: 1977 AYES: NAYS: ABSENT: Balmer x deProsse x Foster x Neuhauser x Perret x Selzer x Vevera x Passed this 5th day of April 1977 RESOLUTION N0. 77-99 RESOLUTION APPROVING CLASS LIQUOR CONTROL LICENSE APPLTATTM BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a ClassC Liquor Control License application is hereby approve�Tor the following named person 'or persons at the following described location: Towncrest Inn, Ltd. dba/Towncrest Inn, Ltd., 1011 Arthur St. Said approval shall be subject ,to any conditions ( or re- strictions hereafter imposed by ordinance or State law. The City Clerk shall cause a recommendation for approval to he endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond, sketch of the premises and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by Foster and seconded by Balmer that the Resolution as rea a adopted, and upon—roT�caTT there were: AYES: NAYS: ABSENT: i Balmer x deProsse x Foster x Neuhauser x Perret x Selzer x Vevera x Passed and approved this 5th day of April 19 77 ,/%Z7 RESOLUTION NO. 77-100 OF CLASS r Li BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Liquor Sunday Sales Permit application is hereby approved or a ollowing named person or persons at the following described location: Towncrest Inn, Ltd. dba/Towncrest Inn, Ltd., 1011 Arthur St. Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance of state law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, bond, and all other information or docu— ments required to the Iowa Beer and Liquor Control Department. It was moved by Foster and seconded by Balmer that the Resolution as read e adopted, and upon roll c)alX triere were: 19 77 /77 AYES: NAYS: ABSENT: Balmer x deProsse x Foster x Neuhauser x Perret x Selzer x Vevera x Passed this 5th day of April 19 77 /77 RESOLUTION NO. 77-101 RESOLUTION SETTING PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE FY78 SANITARY LANDFILL EXCAVATION PROTECT , DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECT- ING CITY ENGINEER TO PLACE SAID PLANS, ETC., ON FILE FOR PUBLIC INSPECTION. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That a public hearing on the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project is to be held on the 12thiay of April , 19 77 , at 7:30 P.M. in the Council Chambers, Civic Center, Iowa City, Iowa. 2. That the City Clerk is hereby authorized and directed to publish notice of the public hearing for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the city, not less than four (4) nor more than twenty (20) days before said hearing. 3. That the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project are hereby ordered placed on file by the City Engineer in the office of the City Clerk for public inspection. It was moved by Foster and seconded by Balmer that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x BALMER x dePROSSE x FOSTER x NEUHAUSER x PERRET x SELZER x VEVERA Passed and approved this 5th day of April 19 77 Mayor ATTEST: Received & Approvsd City Cleft By The Legal Dapartm.nt l'2 /�� J RESOLUTION NO. 77-102 RESOLUTION ACCEPTING PRELIMINARY PLAT' OF WENDRMI BLUFF BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the approval of the preliminary plat for Wendram Bluff be granted with the following conditions: 1. That the distance between pavement and centerlines of Linder Road and Pendale Terrace be a minimum of 125 feet and indicated on plat; 2. That lot lines in Lime Kiln Farm Estates Addition, which intersect the easterly boundary line, be shown on the plat; 3. That a complete legal description of the subdivision be included on the plat, 4. That the preliminary plat be revised to show the location of the fire hydrants as recommended by the Fire Chief, and that the water supply system be designed to provide a minimum flow of 500 gallons per minute for a one-hour duration; S. That the size and location of all existing storm pipes bordering the subdivision be indicated on the plat; 6. That the street name "Lawrence Drive" be changed to "Lawrence Court" on the plat; and 7. That the sideslopes to proposed streets be at a minimum of a 6/1 slope, six feet from the paved surface, and noted in the street cross section detail on the plat. It was moved by Balmer and seconded by Fnctar that the resolution as read be adopted and upon roll call there were: AYES: NAYS: ABSENT: X BALMER x e X FOSTER X NFUHA [SFR X PERRET X SELZER X VEVERA Passed and approved this 5th day of April r 1977• c - g AWKW MAYOR ATTEST: rJ4� CITY CLERK rCC.1rfZd P. f:.^..P:ovea Ey Tir_ Logal D.ea:1rn:n1 179 RESOLUTION NO. 77-103 RESOLUTION AWARDING CONTRACT FOR THE CONSTRUCTION OF THE 1977 TENNIS COURT LICUTFING - -- =CT - WHEREAS, Shay Electric of Iowa City, Iowa, has submitted the best bid for the construction of the above- named project. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the contract for the construction of the above-named project is hereby awarded to Shay Electric of Iowa City, Iowa, , subject to the awardee secure adequate performance bond and insurance certificates. It was moved by Balmer and seconded by Foster that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x BALMER x dePROSSE x FOSTER x NEUHAUSER x PERRET x SELZER x VEVERA Passed and approved this 5th day of April , 19 77 //�/�'�(��J`// MAYOR ATTEST: (iC.'//6 1 CITY C FRK Ly V_' is to r w^ _- 19ti RESOLUTION NO.77-104 RESOLUTION CERTIFYING DELINQUENT SEWER AND WATER ACCOUNTS TO COUNTY AUDITOR BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF IOWA CITY, IOWA, that the City Clerk be authorized and directed to certify the attached delinquent sewer and water accounts to the County Auditor for collection as regular taxes as by statute provided. It was moved by Foster and seconded by Perret that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Balmer X deProsse X Foster X Neuhauser X Perret X Selzer X Vevera Passed and approved this 5th day of April MAYOR a CITY CLERK /C�� ---/�4 1977. RECEIVED & APPROVED BY THE LEGAL DEPARTMENT 4? le /O/ TO THE HONORABLE MAYOR AND CITY COUNCIL OF IOWA CITY, IOWA: I am submitting herewith a list of the delinquent sewer and water accounts; a description of the premises where such delinquent accounts were incurred; together with the name of the owner thereof, for certification to the County Auditor to be collected as regular taxes as by statute provided. A copy of the list is also submitted with a resolution attached, prepared for passage, directing certification to the County Auditor. Respectively submitted, IFILED Johnson Co., Iowa APR 71977 COUNTY AUDITOR Ge2 M Director Department of Finance IFILED Johnson Co., Iowa APR 71977 COUNTY AUDITOR Ge2 M DATE: April 5, 1977 TO: Rosemary Vitosh, Finance Director FROM: Nancy Heaton, City Treasurer RE`. Delinquent Water/Sewer Accounts Listed for Council Approval to Certify with County Auditor Since the listing was compiled and submitted, payments have been received on the following accounts. I request that the Council be made aware of the new status. These accounts should not be certified to the County Auditor for collection with regular taxes. 8-4835-1 Albert & Wilf-eda Hieronymus 610 S. Dubuque St. 8-4885-0 Albert $ Wilfreda Hieronymus 700 S. Dubuque St. . 12-7355-4 Robert Penningroth 1623 Muscatine Avenue 12-7645-0 Cora Griffin 1324 Muscatine Avenue 17-11800-1 Timothy Joseph Kane 1804 G Street 29-20285-0 Richard 8, Dolores Schultz 2109 Western Road 44-31730-1 Mary Eileen Scheetz $ Leo B. Scheetz 1012 Fairchild 52-37550-3 Monica E. Birchmier 1208 E. Burlington 59-43605-5 Mark P. $ Diane M. Carstens 503 Melrose Ct. /Y3 -1- 1-525-4 Delinquent Acct: Deb Tvedt, 527 N. Linn St. Owner: Lenz, Wm. Albert & Sarah Marie Description: 540' of N 81' of Lot 1 & 540' of N 81' of E 17=4' of Lot 2, Blk. 71, OT 2-905-1 Delinquent Acct: Eric B. Roalson, 821 N. Gilbert Owner: Leland W. Novotny Description: Out lot 18 OT E 130' of N 110' of Out lot 18 OT 2-1180-1 3-1730-1 3-1880-1 Water $ 8.68 Sewer 2.30 Water $22.66 Sewer 9.18 Delinquent Acct: Richardson & Cline, 431 N. Van Buren St. Water $70.82 Owner: Cline, Mary Noel & Kaye A. Sewer 25.29 Description: E 50' of N 75' of Lot 1 Blk 49 OT Delinquent Acct: Paul Day, 918 N. Dodge St. Owner: Charles or Mary Ellen Alberhasky Description: All lot 46 sub div SE 'z Sec 3-79-6 Delinquent Acct: Dr. K. E. Scotty Thomas, 319 N. Dodge Owner: Marie A. Miller Description: 554' of Lt 1 Blk 28 OT 3-1910-3 Delinquent Acct: Garry Wallace, 209 N. Dodge Owner: Wile, Ulfert S & Dorothy K. Jointly Description: S 31111' of N 63' of Lot 8 Blk 27 OT 3-1940-1 Delinquent Acct: David Koshatka, 115 N. Dodge Owner: Connie Kay Lamp N 50' of Elk 8 Blk 26 OT Water $ 3.64 Sewer 1.26 Water $39.60 Sewer 19.21 Water $48.97 Sewer 23.25 Water $19.36 /Sewer 6.21 6-3948-1 Delinquent Acct: Ruth McDonald, 1019 N. Summit St. Water $ 8.19 Owner: Marie Tilly Sewer 2.30 Description: Lot 18 & Pt lot 19 Blk 4 Lot 7 & pt Lot 8 Elk 3 & portion of vac. Dewey St. all in D.A. Dewey's Add. 6-4080-1 Delinquent Acct: Sheri Boyce, 810 Dewey Owner: Trott, Emil G. & Margaret K. Description: Tract C plot of sub div of Lot 1 blk 4 Dewey's add & lts 8 & 9 out Lt 12 - OT Water $10.06 Sewer 2.57 /fY -2- 6-4120-1 Delinquent Acct: Gene Finley, 519 N. Governor Water $37.51 Owner: Laughlin, Donald E. & Lois W. Sewer 16.95 Description: S 90' of Lot 1 Blk 9 OT 7-4600-4 Delinquent Acct: Henry Clarendon, 615 S. Capitol Water $23.79 Owner: Doug R. Cushing or Alys P. Sewer 9.72 Description: All lot 2 & N. 10' of Lot 3 Blk 13 Count. Seat Add. 8-5080-2 Delinquent Acct: Jim Maher, 320 S. Linn St. Water $10.15 Owner: A & A Coins Sewer 2.55 Description: N 35' of Lot 10 SM Johnson's sub div out lot 24 OT 8-5785-0 Delinquent Acct: Dan McCarney, 316 S. Johnson St. Water $ 4.51 Owner: Yoder, Edna M. Sewer 2.15 Description: N 40' of S 190' of W 150' out lot 27 OT ze Sewer .57 N 430 16' E 78.5' NWly to most northern cor lot 12, Sly to beg. 12-7650-3 Delinquent Acct: Mike Joranson, 1322 Muscatine Water $43.14 Owner: Cora Griffin Sewer 20.61 Description: All Lot 2 WC Motts Sub Div of part of Blks 5 & 7 Clark & Borlands Add. 12-7650-5 Delinquent Acct: Terry Stinglen, 1322 Muscatine Ave. Water $11.03 Owner: Cora Griffin Sewer .14 Description: All Lot 2 - WC Motts Sub Div of part of Blks 5 & 6 Clark & Borlands Add. &Ir -3- 12-7725-2 Delinquent Acct: Mark R. Vavra, 1104 Muscatine Owner: Gerald R. Downey Description:Com.46'Wof NE cor of Lot 5 Blk 2 Clark & Borland Add thence W 115' SE 88.7' NE 78.2' to beg. 13-8340-3 Delinquent Acct: Mindy Burlingame, 225 Elizabeth St Owner: Chuck or Mary Ellen Alberhasky Description: E 7131' of Lot 5 Blk 1 Rose Hill Add. 16-11400-0 Delinquent Acct: Steve's Conoco, 2300 Muscatine Ave. Owner: Continental Oil Co. Description: Com. SW cor NW a Sec 13-79-6 thence E 220.3' N 133' W 220.3' S 133' to beg ex. W 37'x' Water $18.59 Sewer 8.88 Water $38.57 Sewer 18.42 Water $21.98 Sewer 10.51 20-14525-1 Delinquent Acct: James Johnson, 2834 Eastwood Drive Water $18.96 Owner: Riezman, Raymond G & F.L. Sewer 9.22 Description: Part 6 Court Hill Add. Sec 13-76-6 Lot 305 21-15005-5 Delinquent Acct: Thomas Gordon, 813 Gilbert Ct. Water $19.02 Owner: Woodburn, Robert L. & Mary M. Sewer 9.34 Description: E 100' of It 7 - blk 4 Lyons 1st Add. & alley adj. to the H of E 100' Lot 6 23-16700-2 Delinquent Acct: Mara Loft, 1011 Diana St. Water $ 5.91 Owner: Ramer, Larry G. & Christine A. I Sewer 2.87 Description: N 50' of S 100' of W 100' of Lot 1 Blk 5 Lucas Add. 24-17305-1 Delinquent Acct: Gene Borgstahl, 1006 Archer Water $ 7.30 Owner: Cox, Clark M. & Shirley A. Sewer 3.54 Description: Lot 9 Blk 10 Sunnyside Add. Exc. a strip 32.14' X 80.94' in S. westerly corner 27-18810-1 Delinquent Acct: Roger Desmond, 1001 Friendly Ave. Water $ .98 Owner: Walter C. Chudwick Sewer .48 Description: All lot 1 Blk 4 Sunnyside Add. M -4- 27-18835-0 Delinquent Acct: Diane Brown, 1025 Friendly Ave. Water $17.94 Owner: James Edward Murphy Sewer 8.72 Description: All Lot 6 Blk 4 Sunnyside Add. 28-19935-0 Delinquent Acct: Duke Birr, 1409 Franklin St. Water $ 9.57 Owner: Birr, Betty Helen & Margaret Bridenstine Sewer 4.28 Description: N 44' Lot 3 Blk 1 Highland Devel. Add. Div. of NW 14 SE 4 SW 'a Sec 14-79-6 & S 33' of Lot 2 29-20535-3 Delinquent Acct: Suzanne Bray, 2113 Union Road Water $ 1.72 Owner: Meyer, Stephen R. & Linda L. Sewer .83 Description: Lot 15 Blk 11 Fair Meadows Add 4th Unit 34-24760-1 Delinquent Acct: John Sievertsen, 1107 Clark St. Water $21.61 Owner: Mrs. Lillian M. Boller Sewer 8.91 Description: com. 60' W of SE cor lot 39 sub div Oakes 1st & 2nd Add N 114.9' W 60' S 114.9' & E 60' to Beg. plus right of way 14' X 115' 35-25720-1 Delinquent Acct: Ellen C. Balm, 732 Rundell St. Water $62.40 Owner: Dennis J. Malone Sewer 30.32 Description: All Lot 7 Blk 9 Rundell Add. 38-27220-1 Delinquent Acct: Lawrence Harper, 921 First Ave. Apt. F Water $10.57 Owner: Peterson, David K. & Ruth Ann I Sewer 3.86 Description: All Lot 8 Blk 6 EIC 38-27530-3 Delinquent Acct: Jim Cosgrove, 1211 William St. Water $14.81 Owner: Dennis J. Malone Et. Al. Sewer 3.65 Description: Lot 4 Blk 6 Sub Div of Part 1 Towncrest Add. 40-29115-3 Delinquent Acct: Marlene Gauten, 708 Iowa Avenue Water $15.78 Owner: Malvine I. Sorenson - Title Hawtry, Wm. C. & Ora L. Sewer 4.52 Description: E 40' Lot 5 S of RR Row/L Blk OT 41-29495-1 Delinquent Acct: Mark Schmidtt, 606 Jefferson St. Water $ 3.48 Owner: Housel, C. Wayne & Dorothy 1i Sewer 1.69 Edwards, Merle Housel 35 Description: S 48' of W 40' of Lot 5 Blk 26 OT li l -5- 41-30025-7 Delinquent Acct: David W. Jones, 816' E. Market Owner: Ben J. Rittgers Description: com. 12' W of N cor of Lot 7 S of 150' E 55.5' N 20.5' W 3.5' N 129.5' W 52' to beg blk 6 OT 42-30162-1 Delinquent Acct: Public Info Group, Inc., 319 E. Bloomington Owner: Paglaia, Armond & Loryne L. Description: All Lot 2, 3 & 4 exec. the E 10' of 560' of Lot 2 Blk 58 OT 43-30885-1 Delinquent Acct: Michael Peterson, 711 E. Davenport Owner: Milliman, Larry A. & Joyce M. Description: W 40' of Lot 3 ext. W 10' of S 100' of blk 16 OT Water $ 5.56 Sewer 1.03 Water $22.40 Sewer 6.91 Water $31.48 Sewer 11.88 44-31845-1 Delinquent Acct: Connie Cooling, 502 Fairchild St. Water $10.09 Owner: Greazel, Ruby F. Sewer 3.29 Description: S 2% of Lot 5 Elk 35 OT 45-32460-2 Delinquent Acct: Timothy A. Richman, 421' Ronalds St. Water $ 2.12 Owner: Westwig, Roger F. & Ann K. Sewer .54 Description: E 50' of Lot 2 Blk 51 OT i 45-32510-1 Delinquent Acct: Nancy Jones, 619 Ronalds Water $28.36 Owner: Donohue, Francis J. & Elizabeth E. Sewer 13.78 Description: W 75' of Lot 2 Elk 31 OT 45-33131-1 Delinquent Acct: Ray Villadonga, 408 Bjaysville In. #3 Water $ 5.82 owner: Alberhasky, Bernard J. Sewer 2.83 Description: Rt of Lots 5 & 6 unrecorded plat of Alberhasky's SD Govt Lot 2 NE ; NW �i Sec. 3-79-6 48-34401-1 Delinquent Acct: David McClure, 1845 Calvin Ct. Mater $ 5.49 Owner: The North Bay Co., Inc. Sewer 1.76 Description: N 232' of Lot 24 Park One, MacBride Add. r N 48-34867-0 Delinquent Acct: Rosemary Guthrie, 1802 Calvin Ct. #2 water $ 6.99 Owner: The North Bay Company, Inc. Sewer 3.24 Description: N 232' of Lot 24 Park one MacBride Add. 50-35960-0 Delinquent Acct: Pamela J. Lynch, 1811 High St. Water $ 5.75 Owner: Burkhart, Bob R. Sewer 2.79 Description: Com. at a pt. 141' W of NW cor Lt 12 Adrian SO SEc. 11-79-6 thence S 120' W 70.5' N 120' & E 70.5' to pt of beg. SW'a SE$ Sec 11-79-6 50-35985-2 Delinquent Acct: Richard Zeithamel, 1812 High St. Water $ 3.02 . owner: Burkhart, Bob R. Sewer 1.46 Description: Com at a pt. 141' W of NW cor It 12 , Adrian SO Sec. 11-79-6 thence S 120' W 70.5' N 120' & E 70.5' to pt of beg. SW33 SE'z Sec 11-79-6 51-36400-2 Delinquent Acct: Alana Koch, 1128 E. Washington St. Water $ 6.88 owner: Humble, Neal & Marlene Sewer 3.34 Description: W 50' of Lot 23 Blk 1 Clark & Borlands Add. 51-36665-0 Delinquent Acct: Bruno Arena, 1034 E. College St. Water $51.05 Owner: Armens, Sven M. & Kathleen V. Sewer 24.80 Description: All Lot 6 Koser Bros sub div of Lots 1 & 2 TR Fry's Add & of Lots 4-5 & W 30' 10" of Lot 6 J & JW Clark's Add. - 51-36725-4 Delinquent Acct: Michael Norris, 1244 E. College St. Water $ 8.36 owner: Schunys, Arthur & Warner Eleanor Sewer .86 Description: All It 6 Blk 3 & part of vacated alley 10' 80' Clark & Borlands Add & 26.5 E of Lot 6 52-37390-0 Delinquent Acct: Evelyn Cochran, 713 E. Burlington Water $89.22 Owner: Cochran, Evelyn R. Sewer 43.35 Description: E 40' of W 160' of N 181' of out Lot 28 OT 52-37545-0 Delinquent Acct: Paul Lauritzen, 1220 E. Burlington Water $92.01 Owner: Scott, Sydney & Audrey W. Sewer 44.71 Description: West parts of Lots 9 & 10, Carsons Sub Div 52-37450-1 Delinquent Acct: Tom Johnson, 1019 E. Burlington Water $74.21 Owner: Alice Bothell Sewer 36.06 Description: Com 153.6' E of NW Cor of Kauffman's Add E 60' S 129' W 40' N 24' W 20' N 105' to beg. /A9 -7- 52-37575-2 Delinquent Acct: Bernard Fry, 1126 E. Burlington Water $ .80 Owner: Melvin Edward Pence, Sr. Sewer .30 Description: All lot 15 Carsons Sub Div of Lots 14-20 J & J Clark's Add. 52-3,7855-0 Delinquent. Acct: John Dunlap, 9 E. Prentiss Water $36.45 owner: Pugh, Vivian Sewer 13.17 Description: Beg at S/L Prentiss St. 30' W Necor Lt 8 Blk 12 Co. Seat Add., W. along S/L 35.31' S 1 beg. 27 min E 100' SE to Pt 108' S & S 1 beg 27 min E of Beg Nly 108' to beg. 53-38030-1 Delinquent Acct: Jeff Williams, 611 S. Van Buren #1 Water $ 6.60 Owner: Schintler, John Peter Jr. & Fern Amanda Sewer 3.20 Description: E 50' of Lots 1 & 2 N 30' of E 50' of Lot 3 Blk 2 Lyons 1st Add. 53-38035-4 Delinquent Acct: Jane Hedeen, 611 S. Van Buren #2 Water $ 1.37 Owner: Schintler, John Peter, Jr. & Fern Amanda Sewer .66 Description: E 50' of Lots 1 & 2 & N 30' of E 50' of Lot 3 Blk 2 of Lyons 1st Add. 53-38140-3 Delinquent Acct: Charles Barker, 630 Bowery Water $23.60 Owner:. Ticku, Lal & Prem Kumari Sewer 20.09 Description: E 50' of Lot 14 & E 50' of 51' of Lot 13 Blk 7 Lyons 2nd Add. 54-38815-0 Delinquent Acct: Benton & Riverside 66, 804 S. Riverside Dr.Water $23.82 Owner: Reproco, Inc. Sewer 11.57 Description: Com at a pt. 150' N & 33' E of SW cor of j NW 14 Sec 15-79-6 thence E 160' on a line parallel with the S line of said 'z sec thence N 140' W 160' S 140' to place of beg. 56-41015-0 Delinquent Acct: Elizabeth Alden, 302 W. Park Rd. Water $ 9.02 Owner: Beverly Noreen Bay & Leila Elizabeth Alden Sewer 4.38 Description: Lot 1 & E)� lot 2 blk Blacks Park Add. also S 10' of Vac. alley lying immediately N of above described premises. 57-41875-2 Delinquent Acct: Robert Mulherin, 505 Ernest St. Water $ 3.90 Owner: Doris M. Walden Sewer 1.08 Description: Lot 3 Larew Sub Div in S 11 of SE �s Sec 16-79-6 /9° 59-43220-3 Delinquent Acct: Penny Buzell, 224 Orchard St. Owner: Edgar Colony or Ellen M. Description: Beg 15' N & 50' W & 129' S of NE cor Lot 10 Blk 4 Cartwrights Add E 57.5', S 28.5', Il.57.5', N to beg. 59-43295-4 Delinquent Acct: Steve Ilseman, 317 S. Riverside Dr. Owner: Gleaves, Kevin & Sandra K. Description: E 57'x' of Lot L, Crowley's River View Add. 59-43580-2 Delinquent Acct: Douglas Leavengood, 410 Melrose Ct Owner: Wobraich, Mark L & Debra J. Description: Lot 15 Brookland Park Add. I•later $55.01 Sewer 24.84 Water $ 8.59 Sewer 1.89 Water $ 2.68 Sewer --- 68-49145-1 Delinquent Acct: Alison Mazula, 9111 S. Dubuque I9ater $16.93 owner: Fisher, Gene F & Michelle Sewer 8.22 Description: S 20.3' of N 100.3' of Lot 1 Blk 50 OT & a triangle piece lying W of SW cor of said tract in lot 2 Block 80 OT 70-51240-1 Delinquent;Acct- Jeanne Von Rosen, 911 Harlocke Water $56.80 Owner: Olen S. or Lavada Sewer 27.60 Description: Lot 21 Weeber's 3rd Add. 78-56585-0 Delinquent Acct: Dianne Larsen, 708 Woodside Dr. Water $ 3.89 Owner: Leonard A. Roggow Sewer 1.89 Description: Lot 3 - Terrace Hill Add Part 2 78-56720-0 Delinquent Acct: David Foster, 615 Woodside Dr. Water $10.21 Owner: Rebal, Aylen R. & Katherine J. Sewer 4.95 Description: Lot 13 Terrace Hill Add. Part 2 78-57085-1 Delinquent Acct: Richard Charlson, 1124 Oakcrest St. #2 Water $ 3.05 Owner: Kacena, James L. & Carolyn A. Sewer 1.48 Description: Lots 11 & 12 replot of lots 5 & 6 Part 4 Terrace Hill Add. ­7o'7�/_ -X/,��-�<53 l9/ RESOLUTION NO. 77-105 RESOLUTION APPROVING CLASS C LIQUOR CONTROL LICENSE APPLTLATTM BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Liquor Control License application is hereby approveTTor the following named person or persons at the following described location: Four Cushions, Inc. dba/ Four Cushions, Inc., 18-20 South Clinton St. Said approval shall be subject to any conditions or re- strictions hereafter imposed by ordinance or State law. The City Clerk shall cause a recommendation for approval to he endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond, sketch of the premises and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by Foster and seconded by vevera that the Resolution as rete adopted, and upon roI ca there were: AYES: NAYS: ABSENT: Balmer x deProsse x Foster x Neuhauser x Perret x Selzer x Vevera x Passed and approved this 12th day of April 19 77 /9a RESOLUTION No. 77-106 RESOLUTION TO ISSUE CIGARETTE PERMITS WHEREAS, the following firms and persons have made application, filed the bond, and paid the mulct tett required by law for the sale of cigarettes and cigarette papers; therefore, ' BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the applications be granted and the cigarette bond now on file in the office of the City Clerk be and the same are hereby approved, and the City Clerk be and he is hereby directed Lo issue a permit to sell cigarette papers and cigarettes to the following named persons and firms: Iowa City Supply & Vending, 431 Clark St. dba/Fairview, 446 American Legion Road Iowa City Supply & Vending, 431 Clark St. dba/Tilt & Tell, Inc., 1705 - 1st Ave. It was moved by Foster and seconded by Vevera that the Resolution as res be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Balmer x deProsse x Foster x Neuhauser x Perret x Selzer x Vevera x Passed this 12th day of April , 19 77 . lf-� RESOLUTION NO. 77-107 RESOLUTION TO REFUND A PORTION OF CLASS C LIQUOR LICENSE FEE WHEREAS, Madu, Inc. dba/ Mama Machacek's Bar & Dirty Doug's Dairy, Deli,—FTizzeria at 5 S. Dubuque St. has surrendered Liquor License h C-5449 , to the Iowa State Beer & Liquor Control Department, and has received the State share of 35% of one quarter of the liquor license fee, and, WHEREAS, the above licensee has applied for refund of the City' share of 65% of one quarter of the liquor license fee, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the Mayor and City Clerk be authorized and directed to draw a warrant on the General Fund in the amount of $ 211.25 , payable to Madu, Inc. dba/Mama Macha Bar .& Dirty Doug's Dairy, Deli,for refund of portion of Liquor Permit # C -r,449 It was moved by Foster and seconded by Vevera that the Resolution as read bd adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x deProsse i x . Foster x Neuhauser x Perret x Selzer x Vevera Passed and approved this 12th day of April 19 77 ' Mayor ATTEST: �.� C'rfy Clerk IF RESOLUTION N0, 7, 8 RESOLUTION TO F.EFUND CIGARETTE PERMIT WHEREAS, Madu, Inc. dba/Mama's Bar at 5 South Dubuque in Iowa City, Iowa, has surrendered cigarette permit No. 77-136 expiring June 30, , 19 77 and requests a refund on the unused portion thereof, now therefore, BE IT RESOLVED BY THE CITY -COUNCIL OF IOWA CITY, IOWA, that cigarette permit No. 77-136 issued to Mama's Bar be cancelled, and BE IT FURTHER RESOLVED that the Mayor and City Clerk be and they are hereby authorized and directed to draw a warrant on the General Fund in the amount of $ 25.00 payable to Madu, Inc. dba/ Mama's Bar as a refund on cigarette permit No. 77-136, It was moved b Foster Y and seconded by Vevera that the Resolution as read be adopted, and upon roll call there were: ES: AYS: ABSENT: Balmer x deProsse x Foster x Neuhauser x Perret x Selzer x Vevera x Passed this 12th day of April 19 77 RESOLUTION NO. 77-109 RESOLUTION APPROVING CLASS C LIQUOR CONTROL LICENSE APPL=ISR BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Liquor Control License application is hereby approved -for the following named person or persons at the following described location: Karen Louise Ma and James W. Burr dba/Lung Fung Restaurant, 715 Riverside Dr. Said approval shall be subject to any conditions or re- strictions hereafter imposed by ordinance or State law. The City Clerk shall cause a recommendation for approval to he endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond, sketch of the premises and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by that the Resolution there were: Balmer deProsse Vevera and seconded by Selzera as rea adopted, and upon roTI__c_aTf AYES: NAYS x x Foster x Neuhauser x Perret x Selzer x Vevera x Passed and approved. this 12th ABSENT: i day of April , 19 77 RESOLUTION NO. 77-110 ION OF APPROVAL OF BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Liquor Sunday Sales Permit application is hereby approved or a ollowing named person or persons at the following described location: Karen Louise Ma and James W. Burr dba/Lung Fung Restaurant, 715 Riverside Dr. Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance of state law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, bond, and all other information or docu— ments required to the Iowa Beer and Liquor Control Department. It was moved by Vevera and seconded by Selzer that the Resolution as read e a op e , and upon roll call there were: AYES: NAYS: ABSENT: Balmer x deProsse x Foster x Neuhauser x Perret x Selzer x Vevera x Passed this 12th day of April i9 77 Ir 7 RESOLUTION NO. 77-111 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF FY78 LANDFILL EXCAVATION PRWECr ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECT- ING CITY CLERK TO PUBLISH NOTICE TO BIDDERS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. WHEREAS, notice of public hearing on the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project was published as required by law, and the hearing thereon held. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA - 1. That the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project are hereby approved. 2. That the amount of bid security to accompany each bid for the construction of the above-named project shall be in the amount of $ 5000.00 payable to Treasurer, City of Iowa City, Iowa. 3. That the City Clerk is hereby authorized and directed to publish notice for the receipt of bids for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the city not less than four (4) nor more than twenty (20) days before the date established for the receipt of bids. 4. That bids for the construction of the above-named project are to be received by the City of Iowa City, Iowa, at the Office of the City Clerk, at the Civic Center, until 10:00 A.M. on the 26th day of April 1977. Thereafter, the bids will be opened by the City Manager . and thereupon referred to the Council of the City of Iowa City, Iowa, for action upon said bids at its next meeting to be held at the Council Chambers, Civic Center, Iowa City, Iowa, at 7:30 P.M. on the 3rd day of May , 19,2—. r_ N', -s C 77C-,.,,1 Ey odea LOCA ak- _�9�' • Page 2 Resolution No. 77-111 It was moved by Balmer and seconded by that the Resolution as rea e a opte , and upon roll Can there were: AYES: NAYS: ABSENT: x BALMER x dePROSSE x FOSTER x NEUHAUSER x PERRET x SELZER x VEVERA Passed and approved this 12th day of April , 1977. ATTEST: CITY CLERK 47 1 J RESOLUTION NO. 77-112 A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO CERTIFY AN AGREEMENT WITH THE CITY OF RIVERSIDE, IOWA. WHEREAS, Chapter 403A of the Code of Iowa confers upon every muni- cipality certain powers in the field of low rent or subsidized housing; and WHEREAS, the City Council of the City of Iowa City pursuant to Chapter 403A.5 of the Code of Iowa has created the Iowa City Housing Authority to exercise the powers outlined in Chapter 403A; and WHEREAS, Chapter 403A.9 of the Code of Iowa provides that two or more municipalities in Iowa may jointly exercise the powers conferred in Chapter 403A for the purpose of financing, planning, undertaking, constructing, or operating a housing project or projects; and WHEREAS, Chapter 28E of the Code of Iowa provides that any power exercised by a public agency of this state may be exercised and enjoyed with any other public agency of this state having such power; and WHEREAS, pursuant to Chapter 403A and Chapter 28E of the Code of Iowa, the City of Iowa City and the City of Riverside wish to enter into an Agreement that will permit the Iowa City Housing Authority to make housing assistance payments on behalf of eligible families to owners of property located within the City limits of Riverside, a copy of which is attached to this Resolution as Exhibit "A" and by this reference made a part hereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT the Mayor be authorized to execute and the City Clerk certify a copy of said Agreement. It was moved by Perret and seconded by deProsse that the Resolution as read be adopted, and upon roll call there were: Res. # 77-112 -2- AYES NAYS x x x x x CIi Balser deProsse Poster Neuhauser Perret Selzer Vevera Passed and approved this 12th day of_ • April , 1977 V Ma yor a ATTEST: i ILI I -, J--(� 2 � , , City Clerk RECEIVED & APPROVED BY THE LEGAL DEPARTIAENT a.k- as / 10'4-/-Z� AGREEMENT THIS AGREEMENT, entered into by and between the City of Iowa City, Iowa, hereinafter called Iowa City and City of Riverside, hereinafter called Riverside. WHEREAS, Chapter 403A of the Code of Iowa confers upon every municipality contain powers in the field of low rent or subsidized housing and; WHEREAS, Iowa City pursuant to Chapter 403A.5 of the Code of Iowa has created the Iowa City Housing Authority to exercise the powers outlined in Chapter 403A; and WHEREAS, Chapter 403A.9 of the Code of Iowa provides that two or more municipalities in Iowa may jointly exercise the powers conferred in Chapter 403A for the purpose of financing, planning, undertaking, constructing, or operating a housing project or projects; and WHEREAS, Chapter 28E of the Code of Iowa provides that any power exercised by a public agency of this state may be exercised and enjoyed with any other public agency of this state having such power; and WHEREAS, pursuant to Chapter 403A and Chapter 28E of the Code of Iowa, Iowa City and Riverside wish to enter into an Agreement that will permit the Iowa City Housing Authority to make housing assistance payments on behalf of eligible families to owners of property located within the City Limits of Riverside. NOW, THEREFORE, BE IT AGREED BY AND BETWEEN Iowa City and Riverside as follows: 1. TERM. That the term of this Agreement shall commence/with the date of this Agreement and shall continue unless terminated as provided herein. 2. TERMINATION. That this Agreement may be terminated by either party giving notice to the other in writing as prescribed in this Agree- ment 60 days in advance of the date of the proposed termination. Upon receiving notice of termination from Riverside, the Iowa City Housing Authority will make no new contracts for housing assistance in Riverside. However, renewals may be executed during the 60 day period prior to termination. The termination date for all housing assistance payments previously contracted for shall coincide with the terms of the existing individual dwelling lease_ 3. OPERATION. The Iowa City Housing Authority will administer the program in accordance with the Rules and Regulations established by the Department of Housing and Urban Development and the Annual Contributions Contract entered into between Iowa City and the Department of Housing and Urban Development, a copy of which Annual Contributions Contract is attached hereto and made a part of this Agreement. The Iowa City Housing Authority will perform the inspections of dwelling units to ensure compliance with the housing quality standards established by the Department of Housing and Urban Development. Nothing contained herein shall prevent the adoption of more stringent requirements by Riverside. 4. All administrative costs incurred as a result of this program will be borne by the program as provided for in the Annual Contributions Contract. 5. NOTICES. All notices required by this Agreement to be made to Iowa City shall be made by mailing, by ordinary mail, a letter to the Iowa City Housing Authority, Civic Center, 410 East Washington Street, Iowa City, Iowa 52240. All notices required by this Agreement to be made to Riverside shall be made by mailing, by ordinary mail, a letter to the Mayor of Riverside, addressed to City Hall, Riverside, Iowa 52327. All notices shall be effective upon receipt by the addressee. Nothing contained in this paragraph shall prevent additional or other notice being given or giving notice whicawould exceed the requirements of this paragraph. 6. OBLIGATIONS NOT EXCUSED. This Agreement does not relieve Iowa City or Riverside of any obligation or responsibility imposed upon it by law except that to the extent of actual or timely performance thereof by the Iowa City Housing Authority, said performance may be offered in satisfaction of the obligation or responsibility. 7. LIABILITY. Riverside agrees to defend, indemnify and hold harmless the Iowa City Housing Authority, the City of Iowa City, Iowa, and the officers, employees, and agents of either, from any and all liability for all demands, claims, suits, actions, or causes of action in any way arising out of the performance of this Agreement, or any actions related thereto which are the responsibility of Riverside and involving dwelling units in Riverside. 8. FILING AND RECORDING. This Agreement shall be filed with the Secretary of the State of Iowa and the County Recorder of Johnson County, Iowa. Dated this 7 / day of G'J7/z. 197 CITY OF IOWA 11CITY, IOWA BY .lilR tl"Ad�. U Mary C Ne/uhauser, Mayor Attest: Abbie Stolfus City Clerk CITY OF RIVERSIDE, IOWA n By' arles H. weaver, Mayor Attest: \'1 RESOLUTION N0. 77-113 RESOLUTION AUTHORIZING THE EXECUTION OF AGREEMENT WITH THE CHICAGO, ROCK ISLAND AND PACIFIC RAILROAD COMPANY REGARDING A PROPOSED UNDERGROUND CROSSING OF RAILROAD RIGHT -OF -TW WITH A TEN INCH SANITARY SEWER PIPE. WHEREAS, the Council deems it necessary to run an underground sanitary sewer pipeline across the right-of-way of the Chicago, Rock Island and Pacific Railroad Company at the Crandic interchange track in Iowa City, Iowa, and WHEREAS, there is attached to this resolution as Exhibit A, which Exhibit A is by this reference made a part of the Resolution, a proposed Agreement between the City and the Railroad establishing the terms and conditions under which the City may place a sanitary sewer line across the railroad right-of-way. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, K6121.F 1. That the Mayor is authorized to sign, and the City Clerk to attest, the Agreement which is attached as Exhibit A. It was moved by deProsse and seconded by Perret that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Balmer X— deProsse x Foster x Neuhauser x Perret X— Selzer x Vevera Passed and approved this 12th day of it Mayor ATTEST: City Clerk 1977. / RECEIVED 8c APPROVED ®y E LEGAL D ARTMENT File: 40053-2024 FORM M. W. I REV. 9-•59 THIS AGREEME Tbtoz E IN DUPLICATE PND 1EN� P D IN O STHI t� I e �Q 1_Al AW AY OF / A. D. 19 , BY WAlNllD 11BETWEE b Ep l.tY fCt7 ImU xj/ RAILROAD COMPANY, PARTY OF THE FIRST PART, HEREINAFTER STYLED "FIRST PARTY", AND City of Iowa City 410 Eaat Washington Street Iowa City, Lown 5224o PARTY OF THF OECOND PANT, HEREINAFTER BTYLEO "SECOND PANTY", WITNESSETH: THAT FOR AND IN CONSIDERATION OF PAYMENTS TO BE MADE TO THE FIRST -PARTY BY THE SECOND PARTY, AS HEREINAFTER SET FORTH, AND ALSO OF THE COVENANTS AND AGREEMENTS HEREINAFTER MENTIONED TO BE OBSERVED, KEPT AND PERFORMED BY THE SECOND PARTY, FIRST PARTY HEREBY GRANTS UNTO THE SECOND PARTY THE RIGHT TO INSTALL, FOR THE PURPOSE OF CONVEYING sanitary sewage a ten (10) INCH PIPE LINE, AND THEREAFTER TO MAINTAIN, OPERATE AND RENEW THE SAME DORING THE CONTINUANCE OF THIS AGREEMENT, ACROSS, UNDERNEATH OR ALONG THE RIGHT OF WAY AND TRACKS (OR TRACK, AS THE CASE MAY BE) OF THE FIRST PARTY; SAID PIPE LINE TO BE LOCATED at Engineers Profile Station 4 plus 32 on the Crandic interchange track in Iowa City, Johnson County, Iowa in Section 15, Township 79 North, Range 6 West. A MORE PARTICULAR DESCRIPTION OF THE LOCATION OF SAID PIPE LINE IS MADE ON THE PRINT HERETO ATTACHED, MARKED "EXHIBIT A" AND HEREBY MADE A PART OF THIS AGREEMENT. AS ONE OF THE CONSIDERATIONS FOR THE FOREGOING GRANT THE SECOND PARTY AGREES TO PAY TO THE FIRST PARTY, AT THE OFFICE OF ITS TREASURER IN THE CITY OF CHICAGO, ILLINOIS, THE SUM OF $ 100,00 AS COST OF PREPARATION OF THIS AGREEMENT, PAYABLE IN ADVANCE. AL.BO•fiNF a,l, •/1.` AUyUAL_aGMIOL_DE---------------- --_____-----_-- I ✓` l •DMAur `- Also a lump sum pLrAent of $250.00 for the duration of thio agroe=nt. THE GRANT AFORESAID 18 MADE UPON THE FOLLOWING EXPRESS CONDITIONS, TERMS AND COVENANTS TO BE OBSERVED, KEPT AND PERFORMED BY THE SECOND PARTY. FIRST: SAID PIPE LINE SHALL BE CONSTRUCTED OF vitrified clay WHERE IT PASSES UNDERNEATH THE TRACKS OF THE FIRST PARTY ANDF[}R-A.D46-Sr17dOF'-0-----------• E�•��/+ __________-_EEEZ_Utl_EGCtl_a Lac -az.-GA fD-TRISCKB; •-SITr-rag-i7k'ATiff ri r GF: UrEPrA�iG� ACROSS FIRST P ARTY 18 RIGHT OF WAV ------------------------------------ AND IT SHALL BE NOT MORE THAN Ton (10) INCHES IN DIAMETER, INSIDE MEASUREMENT. SAID PIPE LINE SHALL BE ENCASED IN 1811 steel W.T. - 0.375" PIPE UNDER THE FIRST PARTT TRACKS AND-COR-A-DiSi AN68-BP---------------Peer-rgc,,T-s7yr-VF"TftR:�Ci dTa�'M' '�'-''^"'^�'�-�`�r-- �•C. ZWQRST0. SAID PIPE SHALL BE LAID AT A UNIFORM GRADE ENTIRELY ACROSS THE RIGHT OF WAY OF THE FIRST PARTY, AND THE TOP OF THE PIPE LINE SHALL BE NOT LESS THAN 4.5 FEET BELOW THE BASE OF RAIL OF SAID TRACKS, NOR AT ANY POINT AT A SUFFICIENTLY SHALLOW DEPTH TO BE AFFECTED BY FROST, AS PROVIDED IN DRAWING ATTACHED HERETO, MARKED "EXHIBIT B" AND MADE A PART OF THIS AGREEMENT. SECOND: THE INSTALLATION OF SAID PIPE LINE, INCLUDING THE DIGGING AND FILLING OF ANY TRENCH THEREFOR AND THE TIME AND MANNER OF DOING ALL OF THE WORK OR OF Avy REPAIRS OR RENEWALS UPON THE FIRST PARTYIB RIGHT OF WAY, SHALL BE AB INDICATED BY ITS CHIEF ENGINEER, OR HIS AUTHORIZED REPRESENTATIVE. ALL OF SAID WORK SHALL BE DONE IN A GOOD AND WORKMANLIKE MANNER, AND IN ACCORDANCE WITH PLANS AND PROFILES TO BE PREPARED BY THE SECOND PARTY AND SUBMITTED FOR APPROVAL TO THE FIRST PARTYIB CHIEF ENGINEER CR HIS AUTHORIZED REPRESENTATIVE, AND UNTIL SUCH APPROVAL IB FIRST HAD SAID WORK UP.m4 THE FIRST PARTYIB PREMISES SHALL NOT BE BEGUN BY THE SECOND PARTY. THIRD: THE FIRST P HERESY GRANTS UNTO THE SECOI ARTY, ITS OFFICERS, AGENTS AND E.MPLOYEB, PERMISSION GO UPON THE FIRST PARTY'S RiUmi OF WAY WHENEVER NECESSARY, TO CONSTRUCT, INSPECT, REPAIR OR RENEW THE SAID PIPE LINE. FOURTH: THE FIRST PARTY, NOTWITHSTANDING THE AFORESAID GRANT, SHALL HAVE THE RIGHT TO RETAIN THE TRAOKS NOW OPERATED DY IT AT LAID POINT OF OIIOSOINO, AND -ALSO SHALL HAVE THE RIGHT AT ANY AND ALL TIMED IN THE PUTURE TO CONSTRUCT, MAINTAIN AND OPERATE OVER SAID PIPE LINK SUCH ADDITIONAL TRACK OR TRACKS AD IT MAY FROM TIME TO TIME ELECT TO LAV, .NOTHING SHALL DE DONE OR SUPPERED TO of CONE NY THE GEOOND PARTY THAT WILL IN ANY MANNER IMPAIR THE U8EPULNMS3 OR OAPETY OF THE TRACKS OF THE FIRST PARTY, OR OR SUCH TRACK OR TRACKS AS IT MAY IN FUTURE CONSTRUCT ACROSS OR ABOVE SAID PIPE LINE, FIFTH: THE SECOND PARTY AGREES THAT IT WILL BEAR AND PAY THE ENTIRE COST OF INSTALLING OR CONSTRUCTING, MAINTAINING, REPAIRING AND RENEWING SAID PIPE LINE. SIXTH: THE SECOND PARTY AGREES THAT IT WILL, IMMEDIATELY UPON RECEIPT OF A STATEMENT SHOWING THE AMOUNT THEREOF, PAY ALL COST OF ANY AND ALL WORK PERFORMED UPON THE RIGHT OF WAY AND TRACKS OF THE FIRST PARTY WHICH SHALL BE MADE NECESSARY BY THE CONSTRUCTION, REPAIR, RENEWAL OR PRESENCE THEREON OF SAID PIPE LINE. SLVENTH: THE SECOND PARTY AGREES THAT IT WILL GIVE AMPLE NOTICE IN WRITING TO THE FIRST PARTY OF THE TIME WHEN IT, THE SECOND PARTY, WILL COMMENCE DIGGING THE TRENCH OR DO ANY REPAIRING OR RENEWING UPON THE RIGHT OF WAY OF THE FIRST PARTY, IN ORDER THAT THE FIRST PARTY MAY, IF IT 80 DES.IREB, HAVE ITS REPRESENTATCYE PRESENT FOR THE PURPDSE OF DIRECTING SAID WORK BO THAT THE SAME MAY BE DONE IN A MANNER SATISFACTORY TO IT. EIGHTH: THE SECOND PARTY AGREES THAT BEFORE AND DURING THE DIGGING AND FILLING OF SAID TRENCH, OR AT ANY OTHER TIME, THE FIRST PARTY SHALL HAVE THE RIGHT TO PROVIDE SUCH SAFE AND TEMPORARY STRUCTURES AS IT MAY DEEM NECESSARY FOR SAFELY CARING FOR AND PRESERVING ITS TRACKS, AND THE SECOND PARTY AGREES TO PAY TO THE FIRST PARTY THE ENTIRE COST OF PUTTING IN AND OF REMOVING SUCH TEMPORARY STRUCTURES, AND OF RESTORING THE PROPERTY OF THE FIRST PARTY TO THE SAME CONDITION IN WHICH IT WAS BEFORE THE COMMENCEMENT OF SAID WORK. FROM THE TIME THE TRENCH IS OPENED UNTIL IT IS REFILLED, THE SECOND PARTY AGREES PROPERLY TO POLICE THE SAME, AND TO MAINTAIN LIGHTS AT NIGHT IN AND ABOUT SAID TRENCH, A8 MAY BE NECESSARY OR AS IT MAY BE REQUESTED TO DO BY THE FIRST PARTY.' NINTH: THE SECOND PARTY AGREES THAT IF, AT ANY TIME, THE FIRST PARTY SHALL CHANGE THE LOCATION OR GRADE OF ITS TRACK OR TRACKS, NOW OR HEREAFTER LAID AT SAID POINT OF CROSSING, OR SHALL DESIRE TO USE ITS RIGHT OF WAY AT SAID POINT FOR ANY PURPOSE WHATEVER, IT WILL CHANGE THE LOCATION OR DEPTH OF SAID PIPE LINE, IF SUCH CHANGE SHALL BE MADE NECESSARY THEREBY, WITHOUT COST OR EXPENSE TO THE FIRST PARTY: AND IF THE SECOND PARTY SHALL FAIL, NEGLECT OR REFUSE TO MAKE SUCH CHANGE FOR A PERIOD OF THIRTY (30) DAYS THE RECEIPT OF WRITTEN NOTICE FROM THE FIRST PARTY, THEN THE FIRST PARTLY MAY FORTHWITHER MAKE SUCH CHANGE IN LOCATION OR DEPTH AT THE EXPENSE OF THE SECOND PARTY, AND THE TOTAL COST THEREOF SHALL BE PAID BY THE SECOND PARTY IMMEDIATELY UPON RECEIPT OF A STATEMENT. TENTH: THE SAID PIPE LINE SHALL BE AT ALL TIMES MAINTAINED BY THE SECOND PARTY IN AN ENTIRELY SECURE, SAFE AND SANITARY CONDITION. THE SECOND PARTY SHALL BE CHARGED WITH ALL DUTY, LIABILITY AND OBLIGATION AS TO THE DUE AND PROPER CONSTRUCTION, MAINTENANCE, REPAIR, USE AND OPERATION OF SAID PIPE LINE BENEATH SAID RIGHT OF WAY AND TRACK OR TRACKS OF THE FIRST PARTY, AS WELL AS ON PROPERTY ADJOINING THE FIRST PARTY'S RIGHT OF WAY, SO THAT NO DAMAGE OF ANY CHARACTER SHALL BE OCCASIONED TO THE FIRST PARTY BY REASON OF THE CONSTRUCTION, MAINTENANCE, USE, OPERATION, OR PRESENCE OF SAID PIPE LINE, BUT IF AT ANY TIME THE FIRST PARTY SHALL CONSIDER THAT THE MANNER OF CONSTRUCTING, MAINTAINING, REPAIRING OR RENEWING, USING AND OPERATING SAID PIPE LINE ADOPTED BY THE SECOND PARTY IS NOT SAFE AND PROPER IN CONSIDERATION OF THE USE BY IT OF THE FIRST PARTY'S PROPERTY, THEN THE SECOND PARTY SHALL AT ONCE, AT ITS OWN EXPENSE, UPON WRITTEN NOTICE FROM THE FIRST PARTY, MAKE SUCH CHANGES OR REPAIRS AS THE FIRST PARTY MAY REQUIRE,. SHOULD THE SECOND PARTY FAIL, NEGLECT OR REFUSE TO MAKE SUCH CHANGES OR REPAIRS WITHIN TEN (10) DAYS AFTER THE RECEIPT OF SUCH NOTICE, THE FIRST PARTY MAY MAKE OUCH CHANGES OR REPAIRS AT THE EXPENSE OF THE SECOND PARTY, AND THE TOTAL COST THEREOF SHALL BE PAID BY THE SECOND PARTY IMMEDIATELY UPON RECEIPT OF A STATEMENT, THE OPTIONAL RIGHT OF THE FIRST PARTY TO MAKE SUCH REPAIRS SHALL NOT RELIEVE THE SECOND PARTY FROM THE CONSEQUENCES DUE TO ITS FAILURE PROPERLY TO MAINTAIN SAID PIPE LINE ACCORDING TO THE TERMS OF THIS AGREEMENT. -Z- M. Eleventh: The r---md Party agrees in all rvs --- t s fully to indemnify, save and keep harmless thl rst Party, its agents and Loyes, from ,tny and all liability, loss, damage or injury of any kind uhat�uever to the property of the First Party, or to the property of oth3rs in its possession, as a common carrier, or otherwise, or to the prop=rty of others on or adjoining its right of way, or on account of -injury to or death of the employes or passengers of the First Party, or on account of injury to or death of others, arising from or in any manner caused by or growing out of the construction, installation, want of repair, main- tenance, use, operation, or presence of said trench or pipe line upon the right OF way of the First Party, or upon property adjoining the same, irrespective of whether or not such liability, loss, damage, injury or death shall arise From the. negligence of any of such employes, passengers or persons. Twelfth: This agreement shall remain in full force and effect so long as Second Party shall continue to maintain and use said pipe line, except that if Second Party shall fail, or shall refuse, to observe all the terms and conditions herein contained, and if such failure or refusal shall continue for a period of thirty (30) days after written notice thereof shall have been given by the First Party to the Second Party, First Party may declare this agreement terminated. In case of termination the Second Party shall remove from the right of way of the First Party said pipe line and shall restore said right of way, where said line was laid to its condition prior to construction and installation of said pipe line; or upon failure, neglect or refusal of the Second Party to do so the First Party may make such removal and restoration, and the total cost thereof shall be paid by the Second Party. Thirteenth: This agreement and all of the terms, conditions, rights and obligations herein contained shall inure to and be binding upon the First Party, ? its successors, lessees, and assigns, and upon the Second Panty, and the success3r: j assinns, lessees, heirs, executors, administrators, legal and personal represent2- tives of Second Party, whether hereinbefore so stated or not; but it is distinctly agreed that the 5ecnnd Party shall not assign its rights under this agreement without the written consent of the First Party first had and obtained. IN WITNESS WHERECF, The parties hereto have caused this executed the day and year first above written, SQilL1°i�hT.'C �G�Da ;t LrC FSS of LT.a PACIFIC I RAILR ath. { 4H.tAts i 4D;y1�IST A y. 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ITFM No. 1 �. 04 SEAL r/OT Pi-M4EO /F C,; S/I/C EA:TiS AL'OK= C?QUID ArMIA'„L JSA I/L.SLLE 5'--- +�- J.SD----4 - ft i /2 ++���++ - -/.SO- I - - s' - -,.� CASING - NON-PRESSU^,E LINES, WIRES, CABLES, ETC. ITEM NO. 1 GENEPIL /I+/57!?007/ONS- /: SCOPE- P,'PE L/11ES U,'/DER THESE S,- CIFICI,T/O//S A;;?E TPJOSE /NSrALLED TO'C;FRY STEA 1, {%ATER OR : J/Y //0/Ji L.':.:11.;'�DLE SU':S7."i:CE l7i/l Ci/ F,?O.CI ITS /.'AT U.?E 0,7 P^', SSURE 1-7CH7' CAUSE DAMAGE IF ESCA.P/i/•�r 0:J Or? JJJ Th/_ V/C1P.'1TY OFnA/LfJO.'.D pF0?=RTK 2: INSTALLATICIl. LO:%PRESSURE Y%ATu? F'/P-7 LJ/ -',S UI.'Df.-'.?(WLr^,OAD 7,PACYS,SE^/N/G DO.:iESTIC USERS,Til,'T DO IJOT £Y.CEED 2" WIL 1JOT r'.'cGUJ EiJC/.SE1U& 7' ALL PIPE L/F/cS G'F;.90,:= 781IJ "' /iJ D/,:::J('i";-(? %/LL P.cG'://RE c1IClS_: i!% P/AS E).'C=rT ;%HL",?E SPECIFIC 11/7,VO9ITY IS 037AII6'=0 FPOV %r,'._ CHIEF ENCINEc(? 70 0=V1A7E FPO.:1 T,':'/S J C ;?Pl,?P P -'PS Ui-DER 1U/LRCAD Tr7,.Cri C.? RIGHT OF ':;-'y SPILL :£ OF SPP,?OyED COJJS%:UCTJufJ APV LAJD SO 7rrAT NO JO/rJTS A/E D1.?EC74Y UA D-- 7,?'4Ci: 9'C9S/iJ3 P/P= 1010 Jv^IiITS /!AY EE OFAIJY.L^P?,OX. D COPOUIT CONSTRUC710PJAG'O SHALL n,E CAp;OLE CFl%/Tn'S7.-:PLr//NS %P/E LOAD CFP,41LRO�:D RO,:Di;=0,7.?,:C,, -1.'D -!,?A: F/C; AL 50 3;!ALL CB SO COil572L'CTcD ,^,S TO P?EVciJ7 L� ;'mac OF,.AIY ;: T%f F,?C;! 7Y.E C S/i; Or? CG;:DUIT 711ROUGi,'C'✓7 17'S 4c7,'6TH U1.1D FP THE %r?;: '! /.'D F.•.;1L.,M D PICHT OF >:};Y, _-C: P7 AT Ti OF77IL7 CAS6-J5 C17 CC: U/T :%i1, . 7N= EfJDSA„?E LEFT Or--,714CAS/r.'C SP. £= SO I,."ST,'LLED ASS TO P,?=V�lJ.7 TH" FG2:JA71OP/ OFA :;; 7_';3 ;;/,:Y U;!G=R 7WE P.411P.D.-^.D.Cr:SJi:'LL JG SibeLL EZ /'JSZ;LL- ED 1%/7i/ £-X=r/ f.EA.?/NG 7h4?GUSHOur IT” LENCTH,:iD S/;.LL SLOP= TO OIS�F E; -1D. %/L UJS;DS DXA ,F rEr? OF THE CASING S.ei ' L CE AT L EAST 2" GREATER TL'Ar7 THE LARGEST OUT- SIDE DJ,'L:' TcR OF C;R,?/E^ P/P£ JC11JTY' CR COUFL/,%GS. TiIE Er:DS 0.= 7,(.', %=L0%% C.?CUI.D TJJEY S""VLL E= M11T,^.. LY PROT=CTED AGI AVSr Ti's Ei J7r?,^1,'CL? OF FO;?=1C;V ,:",^, %- r 1,. L ;%i JC: / r:!r^ I (�::'EVc -P17 �' DY /,'.:::G%:L , :%/07i 7'//.F EiOS Cr %n- CAS/iG A?E AT G,? !^C% G?OUi:D ?RI^'Y I:V?J_TcR/?LEVEL,7n,=YLA)'LE LEFT O,:IJ,PROV/DIA'G D,7'h'4-:GE /SAFFC?DED r✓SUCH A7:,,:MV R mss. Tigr LE%i:" 3E Cl/LL C= MIZ-^JC7ED ;;;?Y Ff^,.G:1 %n', AO,^.^?=0 ,;;✓D S7*, UC7U.'?c S. S ALS 1I07' TO Dc r,7STALL.r.'D //J C,1SN✓G OP/ C4r?r1IcR PIPES Ti.'„7 CAROB% SU057.:i;CES MIDLR POESSU?,E. 6:D- PTA1 C.= G:SJ::G- THE TOP C.= 71.'E 0751;1G PJP, Sh,.LL CE E?L0;% THE F?OST LINE,',1D AT ITS CLO ST PC1,77 Si,L^,LL /.DT EE LESS Ti,' P! C{_' FEET .7ELG;7 DXSE OFr?,41Ua -DRA1L. GH 07HEJ7 FGP.T/O;JS C, Ti,':: P,41L'a4D PlaH7 O.^ 1':14y ;7;JE?E TPP C,".S/NG /S?,DT DI'?ECTLY c:=HEATH A:L'Y TP,eCJC TN.= DEPTH F,.Oa! THE Sur?, -ICE OF %n'c Cr?OJr>'D 'AD Fr?O,:! THE ,60TTO.V CF D17 -C; -,FS TO j T/:= TOP Cf 71-, CASIi.'G,S .',',LL A.C7 6;c LESS r-Xfl J F=ET. 17HEPS IT IS r-'07- PR,-:CTJC„L TJ J SECXZ 71'= /.'^,GVE DEPYi'S,SPEC11L CC:7S7RYCT/G.'J St/, LL cE USED. 71LEJJGTH- C4S4V,; S=!ALL E.rTcAD EACH SIDE Fr"; OSJ TA'_ CEI/7.=R LJIJE OF THE CJ7SIDE Tr?AC /.7:?ASU?ED s:T OF Ti,'. L'OTT0.:1 C-.1 O: r r JJGLE :, Ld/fJJi.;J;.i DIST,:r.'C, O.- 12't 5't 1-17D(';P _ D-cOUXLS 7HE DEPTH THE CF.SIAJG E,LO65' S:,'.7G?.ASE) S=E P1 I','/- /F I.DDITIOI.'AL 7RAC;S ARE CCNS7= HUCMD AT✓ 7r','�" FUTU?c , 7H- � iS/i.0 SiVILL -= CO, ?ESPOND/rlCLY 0-'TE/1f=0. d: SHUT G77 !1'LV.=S-:%iJErrE '%: r?,?AlJTrO DY SPEC/,:L LOC -41 C01V0/T/Q.YS„St✓D Y,'HcIJ L;JTU,±LU F. GREED 70OY Ti.'.,^ 1F.OLACO. JJD T.'(F G:%r:ER OF THE PJP= LHJS, ACCESSR:LE E:!Er?LSNCY SJ,✓T OFF VALV:S S,(11',LL 473 1,7S7i'LL_D 671rtJ1NEfFEC77V4F D/STF.NCE AT EACH SIDE Oi 7HE CROSSING. 9: APP,'?OI'L OF FL/.'1.'S- L,'J =n c 17' is /'9P,'?ACTICAELE TO COLIPLY 171TY EXH/B/T B MIS PLAN, DEVI,',T/OrV ;-JUST OE APPROVED DY Ci111F $!v'G//Jcc'R. ROCA' ISLAND' L/NtS REVISED - TO INCLUDE ALL OTHER CASING PLAN TO ACCOI',OPANY CONTRAC7S. - PLACED BY'JACKING OR AUGURING UNDER TRACK. Minimum roadway, AS SHOD IN FOP U✓✓DERGRADE PIPE LINE CROSS/NGS RED, required for safe Railroad oper- TO CARRY NONFLA/i1MABLE SUBSTANCES. ation, NO OPENTRENCHI:ZG PER`IITTED WITHIN LIMITS CROSSHATCHED UNLESS ADOPTED:AUG./0,1954 BULKIIEAD'SIIEETING OR BRIDGE CONSTRUC,7l_. r n TO RETAIN ROADWAY FOR TRAFFIC. ��-��'`�•=ter .--------=-- �ENO7i ---pA/EF EMC/h� cR 0C ZOffice of Division Engineer, rZ�J Des Moincs,' Iowa. V/CE PnC /O r'JT Or .:ji Ai:S Nov. 20, 1964. RESOLUTION NO. 77-114 RESOLUTION PROHIBITING PARKING ON THE EAST SIDE OF ORCHARD FROM THE INTERSECTION OF ORCHARD STREET WITH BENTON STREET SOUTH TO A POINT 175 FEET SOUTH OF THE INTERSECTION OF ORCHARD STREET WITH BENTON STREET WHEREAS, the Ordinances of the City of Iowa City, Iowa, allow the City Council to prohibit parking by resolution on designated streets, and WHEREAS, the City Council deems it in the public interest to prohibit parking on the East side of Orchard from the intersection of Orchard Street with Benton Street South to a point 175 feet South of the intersection of Orchard Street with Benton Street. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA: 1) That parking is hereby prohibited on the East side of Orchard from the intersection of Orchard Street with Benton Street South to a point 175 feet South of the intersection of Orchard Street with Benton Street. 2) That the City Manager is hereby authorized and directed to cause appropriate signs to be posted to effectuate the provisions of this Resolution. It was moved by Balmer and seconded by d that the Resolution as read e adopteif, and upon roll call there were: AYES: NAYS: ABSENT: x BALMER x dePROSSE x FOSTER x NEUHAUSER x FERRET x SELZER Received & Appicvcd x VEVERA By The Lc9a7 Da ar3_ran9 07 / L7 Resolution No. -14 Page 2 Passed and approved this 12thday of April , 1977. Attest: PVW City Clerk RESOLUTION NO. 77-115 RESOLUTION PROHIBITING PARKING ON THE SOUTH SIDE OF PRENTISS STREET EAST FRODl THE ALLEY BETWEEN DUBUQUE STREET AND LINN STREET TO A POINT 30 FEET EAST OF THE ALLEY WHEREAS, the Ordinances of the City of Iowa City, Iowa, allow the City Council to prohibit parking by resolution on designated streets, and WHEREAS, the City Council deems it in the public interest to prohibit parking on the South side of Prentiss Street East from the alley between Dubuque Street and Linn Street to a point 30 feet East of the alley. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA: 1) That parking is hereby prohibited on the South side of Prentiss Street East from the alley between Dubuque Street and Linn Street to a point 30 feet East of the alley. 2) That the City Manager is hereby authorized and directed to cause appropriate signs to be posted to effectuate the provisions of this Resolution. It was moved by Selzer and seconded by Balmer that the Resolution as read e a opte , and upon roll c -an t ere were: AYES: NAYS: ABSENT: x BALKER x dePROSSE x FOSTER x NEUHAUSER x FERRET x SELZER x IEVERA Received & Approvzd By The Legal DaP:o;-=t 1�eL 07/9, Resolution No. 7"' '.15 Page 2 Passed and approved this 12th day of April 1977. tAtLQ C. Mayor Attest: City Clerk �/3 Zo �r RESOLUTION NO. 77-116 RESO UTXON TO ISSUE CIGARETTE PERMITS WHEREAS, the following firms and persons have made application, filed the bond, and paid the mulct tax required by law for the sale of cigarettes and cigarette papers; therefore, HE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the applications be granted and the cigarette bond now on file in the office of the City Clerk be and the same are hereby approved, and the City Clerk be and he is hereby directed to issue a permit to sell cigarette papers and cigarattes to the following named persona and firms: University bf Iowa dba/Finkbine Golf Course i It was moved by Balmer and seconded by Selzer that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Balmer X deProsse X Foster X Neuhauser X Perret X Selzer X Vevera X Passed this 19th day of April , 1977 0� /y FL � APRo8 1977 ABBIE STOLF_U.S RESOLUTION NO. 77-117 CITY CLER`S Resolution Approving Final Plat and Final Sub -division Plan and Final Large Scale Residential Development Plan for "Westwinds" WHEREAS, a final plat of the "Westwinds", Iowa City, Johnson County, Iowa, has been filed with the City Clerk of Iowa City, Iowa, along with applications for approval of a Final Large Scale Residential Development Plan and a Final Sub -division Plan and after consideration of the same was found to be in accordance with the provisions of the laws of the State of Iowa and the ordinances of the City of Iowa City, Iowa, by the Iowa City Planning and Zoning Commission and WHEREAS, a dedication agreement has been entered into between the City of Iowa City and all owners thereof which provides for the dedication of the street shown on the attached plat NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Iowa City, Iowa, that the said Final Plat and Final Sub -division Plan for the "Westwinds" be and the same i are hereby acknowledged and approved on the part of Iowa City, Iowa. The Mayor and City Clerk are hereby directed to certify this resolution of approval and affix the same to said plat as by law provided to the end that the plat may be recorded. The agreement attached to this Resolution is by this reference made a part of the Resolution Approving Final Plat of the "Westwinds". FURTHER, BE IT RESOLVED by the City Council of Iowa City, Iowa, that the said Final Large Scale Residential Development Plan for Lots 1, 2 and 4 of the "Westwinds" sub -division be and the same are hereby acknowledged and approved on the part of Iowa City, Iowa. The Mayor and City Clerk are hereby directed [� C__..... n .. .-. . S /.r - 2 - to certify this Resolution of approval and affix the same to said plat as by law provided to the end that the plat may be recorded. The agreement attached to this Resolution is by this reference made a part of the Resolution approving Final Large Scale Residential Development Plan of the "Westwinds" sub -division. It was moved by Foster and seconded by deProsse that the Resolution as read adopted, and upon W11 call the were: Tamer Aye x Nay _ Absent _ deProsse Aye _ x Foster Aye x Neuhauser Aye _Y:_ Perret Aye x Selzer Aye x Vevere Aye x Nay Absent Nay Absent _ Nay Absent Nay Absent Nay Absent Nay Absent _ The foregoing is hereby duly certified by Abbie Stolfus, the City Clerk of Iowa City, as a true and exact copy of a resolution of the City Council of Iowa City, Iowa, made at a regular meeting held on the 19th day of April 1977. City Clerk of IoW City, Iowa Passed and approved this 19th day of April , 1977, CJ ' ((_Udk.OL_ uz e i Mayor ' Att t: 41 City Clerk l I a /6 °LEDAPRs 19 77 AB IE STOLFUS CITY CLERK AGREEMENT This Agreement made by and between Melrose Corporation the owner and subdivider hereinafter called the "Subdivider++, and the City of Iowa City, Iowa, a municipal corporation hereinafter called the "City". WITNESSES: Section 1. Consideration and Covenant. In consideration of the City approving the proposed large scale residential development and subdivision, "West - winds", the Subdivider agrees as a covenant running with the land that the City shall not approve any building permit on any lots in the,said subdivision unless and until concrete paving at least 98 feet in width, water mains and sanitary sewers have been installed in front of or adjacent to any lot on which a building permit had been requested, as required by the City of Iowa City, Iowa, under its platting ordinance. Section 2. Construction of Improvements. All such improvements as stated in Section 1 of this Agreement shall be constructed and installed by the subdivider according to the plans and specifications of the City of Iowa City, Iowa, and under the direction of the City Engineer. Said direction shall consist of occasional inspection of the work in progress, but shall not relieve or release the Sub- divider from its responsibility to construct &!d improvements pursuant to said plans and specification. Section 3. Sidewalks. The Subdivider agrees that within one year from the Dy Tha L --Sal D'Zi. 7.nt a�7 date of the approval of the final plat of said subdivision, to install sidewalks in said subdivision abutting said lots and within the "Walkways" designed on the plat, at least 4 feet in width and according to the plans and specifications of the City of Iowa City, and under the direction of the City Engineer as specified in Section 2. Section 4. Building Permit and Escrow Monies. It is further provided, however, that in the event the Subdivider, its assigns or successors in interest, should desire a building permit on any lot in said subdivision for which pavement, water mains and sanitary sewers are not in- stalled, the Subdivider, its assigns or successors in interest, shall deposit with the City Clerk in escrow an amount equal to the cost of said improvements plus 10 per cent thereof as determined by the City Engineer's Office of the City of Iowa City, Iowa. When said funds are deposited then in that event the Building Inspector of the City of Iowa City, Iowa shall issue a building permit provided that the applicant complies with all other requirements and ordinances of said city. Section 5. Occupancy Permit. Prior to the issuance of an occupancy permit for any building erected pursuant to Section4, the City in its dis- cretion may require the Subdivider, its assigns or successors in interest, to construct and install such improvements as stated in Section 1. Section 6. Use of Escrow Monies. If after the issuance of an occupancy permit, the im- provements as stated in Section 1 have not been constructed and installed, the City may use any funds deposited in escrow to construct and install such improvements. Should the cost of the construction and installation of said improvements exceed the amount of said escrow, the City shall have a lien and charge against all the lots adjacent to or in front of which said improvements are made. The City shall refund to the depositor any escrow monies not used by the City after the construction and install- ation of such improvements. Section 7. Waiver. In the event the Subdivider, its assigns or successors in interest, should sell or convey lots in said subdivision without having had constructed or installed the pavement, water mains and sanitary sewers; or if the Subdivider, its assigns or successors in interest or the owners of the lots in said subdivision should fail to construct sidewalks, the City shall have the right to install and construct said im- provements and the costs of said improvements shall be a lien and charge against all the lots adjacent to or in front of which improvements are made and any lots which may be assessed for improvements under the provision of Chapter 384 of the Code of Iowa. The cost of such improvements need not meet the requirements of notice, benefit or value as provided by law of the State of Iowa for assessing such improvements. It is further provided that this requirement to so construct said improvements is and shall remain a lien from date until pro- perly released as hereinafter provided. The City agrees when such improvements have been in- stalled to the satisfaction of the City it will immediately file in the Office of the County Recorder of Johnson County, Iowa, a good and sufficient release to various lots in said subdivision so that this Agreement will not constitute a a/9 a cloud upon the title of the lots in said subdivision.. Section 8. Street Maintenance. It is further provided that the subdivider and its assigns and successors in interest agree that the public services including but not limited to street maintenance, snow removal, rubbish and garbage collection need not be extended in said subdivision until the pavement is installed and accepted by the City. 7rL Dated this /-7 day of a' `g► 1977, at Iowa City, Iowa. By: Mqivegttents, Ltd. 5otele eral Partner of Medivwrtments Ltd., an Iowa Limited Partnership STATE OF IOWA ) SS. COUNTY OF JOHNSON I, Larry Wall, a notary public in and for said county, in the state aforesaid, do hereby certify that Bruce A. Orr. to me personally known to by president of Melrose Corporation, a corporation, and also known to me to be the person whose name subscribed to the foregoing instrument, appeared before me this day in person and acknowledged that as such president he signed, and delivered the said instrument as the free and voluntary act of said corporation, for the uses and purposes therein set forth, and that he was duly authorized to execute the same by the board of directors of said corporation. Given under my hand and notarial seal this O LL day y of 1977. / C.. )W Notary Pu is STATE OF IOWA ) COUNTY OF JOHNSON; SS. On this /I — day of 1977, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Bruce A. Orr, to me known and being duly sworn, did say that he is the Sole General Partner of Med- ivestments, Ltd., An Iowa Limited Partnership, and that said instrument was signed on behalf of said Partnership by authority of its Articles of Limited Partnership and said Bruce A. Orr acknowledges said instrument to be the free act and deed of said partnership. V: WA" ..r.. WW Notary Pub v c w /r RESOLUTION NO. 77-1 IS RESOLUTION APPROVING CLASS "B" BEER PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class "B" Beer Permit Application is hereby approved for the following named person or persons at the following described location: Securities Bldg. Corp. dba/ Long John Silver's, 1940 Lower Muscatine Road Said approval shall be subject to any conditions or re- strictions hereafter imposed by ordinance or State law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by Balmer and seconded by deProsse that the Resolution as re�'>e adopted, and upon—ir—o-11 ca ll there were: AYES: NAYS: ABSENT: Balmer x deProsse x Foster x Neuhauser x Perret x Selzer x Vevera x Passed and approved this 26th day of April , 1977 2Q :z RESOLUTION NO. 77-119 RESOLUTION OF BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class B Beer Sunday Sales Permit application is hereby approved for the following named person or persons at the following described location: Securities Bldg. Corp. dba/Long John Silver's, 1940 Lower Muscatine Road Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance of state law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, bond, and all other information or docu- ments required to the Iowa Beer and Liquor Control Department. It was moved by Balmer and seconded by deProsse that the Resolution as reade e op e , and upon roll ca ere were: AYES: NAYS: ABSENT: Balmer x deProsse x Foster x Neuhauser x Perret x Selzer x Vevera x Passed this 26th day of April , 19 77 .Z �3 RESOLUTION NO. 77-i2o RESOLUTION APPROVING CLASS C LIQUOR CONTROL LICENSE APPLIMTDN BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Liquor Control License application is hereby approveFTor the following named person or persons at the following described location: Pershell Corp. dba Colonial Lanes, 2253 Highway 218 South Said approval shall be subject to any-.conditions(or re- strictions hereafter imposed by ordinance or State law. The City Clerk shall cause a recommendation for approval to he endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond, sketch of the premises and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by that the Resolution there were: Balmer deProsse Foster Neuhauser Perret Selzer Vevera Balmer and seconded by deProsse as rea��e adopted, and upon ro11caii AYES: NAYS: ABSENT: x x x x Passed and approved this 26th day of April P 19 77 �� y RESOLUTION NO. 77-121 F CLASS C BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Liquor Sunday Sales Permit application is hereby approved for the following named person or persons at the following described location: Pershell Corp. dba/Colonial Lanes, 2253 Highway 218 South Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance of state law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, bond, and all other information or docu— ments required to the Iowa Beer and Liquor Control Department. It was moved by Balmer and seconded by deProsse that the Resolution as read be a op e , and upon roll_ca ere were: AYES: NAYS: ABSENT: Balmer x deProsse x Foster x Neuhauser x Perret x Selzer Vevera x Passed this 26th day of April 19 77 2:2S 9^er LLttZ 6 OVO S ltar dsa TvDaq URI M t: °,sHddY 'J QaAI x8'dti .zalD lr4tD '//V: SS3.LLFi By Ti vypr mnvk .zoA2yt LL6i ITadtl 3o AQp L{39Z STq4 panozdd2 put pass2g 2zanan x .zazlaS x gazraa x .zasn2LlnaN x Sagsoa x assozdap x -7@MT2g x imsaK : SAVN : sav :asam azaLtg ileo iiaz uodn put 'pagdop2 aq p2az s2 uozgniosad aLtg g2gq aaziaS Act pepucoas pue saanaA Aq Panora sem qI •uopniosad sTLR 'gsagge oq NXDTO STD aLtg put 'uSTs oq p9zT.zoipn2 AgazaLt sT zoA2p1 aLtg quay -Z •tom goaCozd go asuadxa aLtq q2 ll2 'gzod=i iedTOTurW AgTD Pmol eqq q2 3[o2q gnd aq quauao2ldai'93t?l ao aig2grns 2 qugq ao 'uoigipuoo aig2gdaoo2 u2 oq paaogsaz put q.zoclxw i'2dToTunW 24TO 2YDI N4 04 Pauzngaz eq eueldzT2 gaC Gq4 42Ll 'i :VmOI ' 7.LI0 WOW aO ASID ;.ILLY• aO 'IIDMOD 21L RE C19MOSSa SI SS ' S2IaM= 'MON • uorg2z-raoLpn2 aadozd gnoLRTm Pananaz uaaq sett aueldx-m aLtq ' SVM13f1M put 'gzodz V l2d-torcmyl 'Pmol 'AgTD PMOL OLP og aouezgua aLtg q2 pag2ooi Aiaa=O_T sem aueTLs e qel 98-3 L2 'S'dMH M RIOddIV WdlXNnW ''dMOI '7=3 V40I ,'MILT, SK Q3SKOOI 7,Tda dCd 3NV7c dIK =C aO nxn.rax ONINM)NOD NOISMOSHd lli-LL ON IQOISR'IOSau RESOLUTION NO. 77-123 RESOLUTION ESTABLISHING FEE F1OR RECEIVINC DOCS AND CATS FROM NON-RESIDENTS OF IOWA CITY AT THE IOi4A CITY ANIMAL SHELTER. WHEREAS, Section 4.21 of the Code of Ordinances of Iowa City provides that the Council shall establish fees for the operation of the Iowa City Animal Shelter, and WHEREAS, considerable expense is incurred by the citizens of Iowa City in providing for animals brought in from outside of Iowa City, and WHEREAS, the Council deems it desirable to establish fees for animals brought in from outside Iowa City. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That any non-resident of Iowa City bringing a dog or cat to the Iowa City Animal Shelter for adoption shall pay a fee of two dollars ($2.00) per animal, except that the maximum fee shall be ten dollars ($10.00). This provision shall also apply to any officer, employee, or agent of Johnson County, Iowa, if that person is acting in his or her official capacity. It was moved by Foster and seconded by Balmer that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Balmer X deProsse X Foster X Neuhauser X Perret X Selzer X Vevera Passed and approved this 261hiay of April 1977. �Ml11 U C . -� iul,Vuui-w Mayor ATTEST: City Clerk RLUIVET, IPPF0171D BY THI,l I F'G-M-, 117 ' , ": 217 RESOLUTION N0. 77-124 RESOLUTION ACCEPTI G SANITARY SEIIER IIdPROVEVMS IN VILLAGE GREEN, PART VI WBERFAS, the Engineering Department has certified that the following inproverents have been completed in accordance with plans and specifications of the City of Iowa City, Sanitary sewer for Village Green, Part VI except Village Farm Apartment, as constructed by Knowling Bros. Contracting Co., Coralville, Iowa. AND WfEREM, Maintenance Bonds for Knowling Bros. Contracting Co. are on file in the City Clerk's Office, NOW =WORE BE IT RESOLVED by the City Council of Iowa City, Iowa, that said improvements be accepted by the City of Iowa City. It was moved by Balmer and seconded by Sal�ar that the Resolution as read be acceptedrra , aupon roll call there were: AYES: NAYS: BAUER X dePROSSE _X FOSTER x NEUHAUSER x PERRET x SELZER x VEVERA x Passed and approved this 26th day of AorlI , 19 77. . ATPEST• /✓ _ Recrivcd Ru L1� .r vzl B T ie Ledal r.` trnent Zs RESOLUTION NO. 77-125 RESOLUTION APPROVING PLAT OF HAMM SECOND ADDITION WHEREAS, the owners and proprietors, Merlin Hamm and Jerry Hilgenberg, have filed with the Clerk of the City of Iowa City, Iowa, a Plat Subdivision of Hamm Second Addition to the City of Iowa City, Iowa, covering the following described premises, located in Johnson County, Iowa, to -wit: • Tract Cof Towncrest Addition Part IV to the City of Iowa City, Iowa, also described as follows: Commencing at a point 919.96 feet South and and 2329.99 feet East of the NW corner SW' -4 Section 13, T79N, R6W, of the 5th P.M., said point being the point of beginning; Thence East 273.30 feet to the East line of the SW's of said Section 13; thence S 0'39'00" W, 559.38 feet on the East line of the SWk of said Section 13; thence N 89"21'00" W, 110.00 feet; thence N 0039'00" E, 50.00 feet; thence N 89°21'00" W, 269.91 feet; thence N 0°39'00" E, 84.45 feet; thence N 90°00'00" E, 110.00 feet; thence N 0°39'00" E, 60.00 feet; thence N 0°07'00" E, 360.60 feet to the point of beginning. Said tract containing 3.50 acres more or less. and WHEREAS, said property is owned by the above named parties and the dedication has been made with their free consent and the consent of their spouse, and in accordance with the desires of said owners, and WHEREAS, the Planning and Zoning Commission of the City of Iowa City, Iowa, has approved the plat and the plans for streets related thereto, and WHEREAS, said Plat and Subdivision is found to conform with the requirements of Chapter 409 of the Code of Iowa and all other statutory requirements for platting. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, as follows: 1. That said Plat and Subdivision of Hamm Second Addition to the City of Iowa City, Iowa, be and the same is hereby approved and the dedication of the streets is hereby accepted. 2. That the Clerk and Mayor are hereby authorized and directed to By The Le3al Depa?mee sa certify a copy of this Resolution to the County Recorder of Johnson County, Iowa. It was moved by deProsse and seconded by Selzer that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: John Balmer x Carol deProsse x L. P. Foster X David Perret Max Selzer X Mary Neuhauser x Robert Vevera C D I e DAA1 u P t Mary Neuhauser Mayor ATTEST: Abbie Sto fus, Clerk Passed and approved this 2.6}hday of _ April 1977 . CERTIFICATE We, the undersigned, Clerk and Mayor of the City of Iowa City, Iowa do hereby certify that the foregoing Resolution is a true and exacticopy of the Resolution adopted by.the Council of the City of Iowa City, Iowa, at a regular meeting held on the 26th day of April , 197 7, and that as shown in said Resolution, the Council of the City of Iowa City, Iowa, did on the 26th day of April , 1977 , enact said Resolution approving the Plat of Hamm Second Addition to the City of Iowa City, Iowa. ATTEST: Abbie Stolfus, Clerk Mary Nele auser, Mayor sxxwsavvaxa rivoai zHa AS =1011ddv V. Q'3hI'3'J'38 i5vaTO AgTJ SS3,i,LK -t l� 01 7WLT LL61 ' kew jo App exanan sazTas gaxzad sasneynaN a--�gsoa assaxdap aaCeff p£ sTLR panozdde pore passed x M x : SAIISEIV : SAKN : SMW :93am 93al[4 TTuD TToz uodn pue 'pagdope aq peal se uO-RnTosad atR geq4 .Aa;soj etc[ papuooas pue eAanaA Aq pa&om SeM gI •pagdope aq Lagauao puLTNeo zoo suoT4eTn6ax pauoeggE atp gam+ lwi 'AJJD VIOI aO A,T•T7 SILL aO 'I aMOJ SILL Aff CUAMSMI Ja M 'MaMIMLL 'MON •Aa-agaurao a go uoT4pzado aq4 zo.T Axessaoau axe 'SZOgTSTA 3o gonpuoO aq4 'spunozb Axagauao ayg 3o �ueuagutau aq4 'sxauMo goT 3o sgq6Tx alg buTpxebaz suoT}eTn6az 'svmiam pue 'squapTsaa sgT jo gT3avaq aip log AxagauaO pr'CNeO SuTequxau pue SUMO ' emOI ' F4TJ eMOI 3o AgTO W4 ' S'dS IMM » .Ac Ii c a • • eu r •.. c. .�c i c» a ► .• .• • acr. � .••. • • r. 9Zi-LL 'ON NOIMIO6S2I REGULATIONS K 7- Oakland Cemetery Purchase of Lots. Persons desiring to purchase a lot in Oakland Cemetery are referred to the Cemetery Staff. Following the selection of a lot, the prospective purchaser will be given a lot Order. The Lot Order and full payment are to be presented to the Finance Department in the Civic Center. The transaction will be receipted and a deed will be prepared by the City Clerk and mailed to the lot purchaser. Ownership Rights. The terms "lot owner" or 'ownership" shall be defined as the right to use a lot or part of a lot, as purchased from the City for a consideration, for burial purposes only and under the existing or subsequent rules and regulations as prescribed by the City for such use. lots or fractional lots, for which lot deeds have been issued by the City, will not thereafter be divided except by consent of the City. All lots are exempt from taxation and cannot be seized for debt (except those owed to the Cemetery) nor can they be mortgaged. The City shall have the right to assume, at all times, that the lot owner acquired the lot for the interment of herself/himself and family members. Unless otherwise directed in writing and filed with the City Clerk by the owner, devisees, or heirs, the City will permit the interment of family members at the request of any interested person upon proof of eligibility for burial as follows: a. The surviving spouse of the lot owner shall have the first right to interment or to direct the right of interment. b. When there is no surviving spouse, the devisees or heirs of the owner may, by agreement in writing, determine who among them shall have the right of interment or direction for interment, which agreement shall be filed with the City Clerk. c. In the event the owner, devisees, or heirs shall not have arranged for future interments, then the devisees or the heirs, as the case may be, of such owner, shall have the right to interment in order of their need. The City Clerk shall notify the Cemetery personnel of any changes in deed recording. All burial rights in Cemetery lots purchased from the City occupy the same position as real estate at the death of the owner. Only persons whose names appear on the Cemetery records of the City will be recognized as owners or part owners of lots. In case of the death of a lot owner when the Cemetery lot is disposed of by a will, a certified copy of the will shall be delivered to the City Clerk before the City will recognize the change in ownership. If the deceased lot owner left no will, satisfactory proof of descent shall be presented. 931A Lot owners may nc )-sell or transfer their lots parts of lots to ' anyone whomsoever. Transfer may be made only within the immediate family, and only by surrender of the original deed and issuance of new deeds by the City to the new owners of lots or parts of lots so trans- ferred. Lot owners desiring to dispose of lots or parts of lots may, upon surrender of the original deeds, sell the lot or parts of lots back to the City for an amount not to exceed the original purchase price of the lot. Certain older lots, no longer usable due to their small size, would have no resale value and are best left open. Said lots could be used, with permission of the owners of heirs thereof, to further the Cemetery beautification plan. Interments. The funeral director, or person(s) making arrangements for interment shall, as soon as there is knowledge of a pending service, notify the Cemetery staff. Said notification, including all information pertaining to the grave site and such other additional information as required, shall be provided by the funeral director or person(s) assuming responsibility for the service. Based on the information given then, the Cemetery staff will locate the exact site and ascertain the earliest possible time the service can be held. No burial will be allowed until a burial permit is provided to the Cemetery staff as required by the Code of Iowa, Chapter 144.32. Any change in the location after the digging process has begun will result in an additional charge as listed in the Schedule of Fees and Charges. A charge for opening and closing a grave and the sodding or seeding of the ground will be made at a current rate set by the City. The payment of said charge becomes the responsibility of the individual(s) in charge of interment. The account becomes due upon receipt of a statement issued by the City of Iowa City. Graves shall be dug by the Cemetery staff and shall conform to all applicable State laws. A member of the Cemetery staff will be present at every interment or service. The interment of bodies of persons who have died of a contagious disease shall be in strict accordance with the rules of the State Board of Health. If a permanent type outer container is not used for interment, a special charge will be levied to cover the extra, maintenance required. Said special charge is listed in the Schedule of Fees and Charges. The interment of more than one body in a single casket will not be allowed except in the case of a parent and infant or two children interred at the same time, the limitation of nunbers of crenated remains allowed in one grave is regulated only by space. In both cases, multiple interments and/or cremated remains, marker regulations must be observed. 2 Interments reqs ng special consideration (s) o� uuilizingequipment normally available to the Cemetery staff could be uponrqu not o Adequate time must be allowed for preparation. Feesand charges must reflect the cost of the extra equipment, time and materials. Generally such practices would be arranged by advance notification. In addition to interment of cremated remains on family lots, single space, three foot by three foot (3' x 3') areas are available for crenated remains in the area designated as Sunny Slope. Markers, if used, must be flush with the contour of the existing grade with footings not to exceed twenty-four inches (24"). Ashes must be interred not be distributed into the atmosphere. and may Single burial spaces, two feet by four feet (2' x 41) in size, are available in Babyland for children under the age of two (2) years. Markers may be upright or flush and must conform to rules outlined in the Stone and Monument Work section. No interments of any body other than that of a human being will be permitted. Should weather become a factor or when several burials occur in a one (1) or two (2) day period, the Cemetery Staff shall schedule interments, working in close cooperation with the funeral directors. To avoid conflict, it will be necessary to honor service communications from the funeral directors according to the time received. Whenever possible, interments will be scheduled to enter Oakland Cemetery no later than 3:00 P.M. Monday through Saturday. Interments normally will not be scheduled on Sunday or on an official City holiday. Removals. Removals of bodies from graves in Oakland Cemetery will only be made by the City in accordance with the requirements of the statutes of the State and the rules of the State Board of Health. Charges made by the City for removal will be made in accordance with the difficulty of the work and are payable in advance. The minimum charge will be equal to twice the current charge for opening a grave of similar size. Lot owners or their heirs desiring graves opened shall secure the necessary disinterment permit from the State and deliver same to the Cemetery Staff. Public Lots. Grandview Addition, Lots 60, 61, 62, 63, 64, and 65 have now been designated as a burial ground for those persons for whom no other place is provided. The graves will normally be dug in sequence from the south end and extending northward in an orderly fashion except in the case of a requested reservation of space for a spouse or sibling(s). The Cemetery staff shall record all interments. The west one fourth (wl/4) of Block Thirteen (13) of Oakland Cemetery and any additional space that may be required shall be designated as a burial ground for any soldier who died in the service of his/her country and the same is hereby dedicated to all members of the Armed Forces. 3 4 Ir no funds are ; ]Wile for interment of the de ;ed either frau the estate of the deccuticd or from other private sources, the City of Iowa City will bill the ]Federal, State or County agencies for payment of services rendered by Oakland Cemetery. Said billing shall ask that the City be paid for its service to the fullest amount or by not less than thirty-three and one-third percent (33 1/3%) of all available funds. Stone and Monument Work. The City does not engage in stone or monument installations or repair, however, all stone and monument work within Oakland Cemetery shall be subject to the following regulations and requirements: All monuments or markers must either be flush with the ground or at least six inches (6") or more in height. The base for all flush monuments or upright markers must correspond as closely as possible with the contour of the existing soil surface. No nonument or marker, flush or upright, may be established in such a fashion that it extends beyond the boundaries of the designated lot or grave or that will interfere with future grave openings. The setting of monuments and markers and the transportation of all tools, materials, etc., within the Cemetery grounds shall be subject to the supervision and control of the Cemetery Superinten- dent. No unnecessary damage to the existing turf will be allowed and all debris is to be removed from the Cemetery except soil. Excess soil must either be removed from the Cemetery or may be placed on the Cemetery stock pile; it may not be used to fill low areas or be distributed on the adjacent lots. Heavy trucking will not be permitted within the Cemetery, when in the opinion of the Superintendent, such work might cause injury to grounds and drive- ways. Once begun, all monument and stone work is to be completed and any accumulated debris is to be removed from the site within a seven (7) day period. The local climate is such that marble is not recormnended as a suitable material for monument use. Granite is a much Mre durable stone. Bronze is an acceptable material. I Stone work or monuments of any sort, once established in Oakland Cemetery, may not be removed except by permission of the Super- intendent. Details concerning monument and/or marker restrictions for specific areas of Oakland Cemetery are found in Individual Lot Restrictions. Vaults and Mausoleums. Vaults or mausoleums are not permitted on lots less than one thousand (1000) square feet and the portion of the lot occupied by the building shall not exceed twenty percent (20%). In no case will permission be given to set the building nearer to the lot line than ten (10) feet. All applications for permits to erect such structures shall be made in writing to the Cemetery Superintendent. Complete plans and specifi- cations of the proposed construction, including details of materials, workmanship, method of construction, etc., shall accompany such applica- tion and the approval of the City shall be obtained thereon before any construction work is begun. The City reserves the right to prohibit the erection of any structure that is not considered safe, suitable, desirable or appropriate. 4 Before any vault nausoleum may be erected, the owner shall pay the City an armunt of not less than ten percent (10%) of the cost of the structure. Said amount to be used by the City for the future care and maintenance of the structure and the grounds. This amount shall be paid to the Department of Finance. Maintenance Practices. Oakland Cemetery, a non -perpetual care cemetery assumes the responsibility for maintenance of all lots that have been or will be sold. All monies previously collected for perpetual care will be held in a separate trust and the interest there from will be used to maintain graves deeded under perpetual care. landscaping and main- tenance of the Cemetery, including all lots therein, shall be under the direction of the Cemetery Staff. Permission for permanent plantings must be acquired from the Cemetery Staff. Generally, it will not be possible to locate evergreen or shrub plantings directly on the grave site. In most cases, a nearby location will be designated as part of a group planting, to enhance the entire area. Existing individual lot plantings may be trimmed or removed by the Cemetery Staff when they have outgrown their usefulness or have become unsightly or unmanageable. Individual plantings so removed will not be replaced in the original positioA but could be re -installed as part of a group planting. No hedges, fences, or enclosures of any kind will be permitted on or around lots. Existing enclosures will be removed when they have deteri- orated to an unattractive or unsafe condition. Live flowers in plastic or paper mache containers are rmst welcome and may be used at all times. Annuals or perennials planted on the graves must be limited to a small grouping directly next to the monument or marker and must be tended by the planter. The Cemetery Staff assumes no responsibility for the preservation, maintenance, or protection of any type of grave decoration. Placement of funeral or special anniversary flowers will be allowed for a period of approximately five (5) days. After this period they will be removed. Notification of placement of special flowers will be given to the Cemetery Superintendent. Artificial wreaths, artifical flowers, and holiday decorations may be used any time between November 15 and March 1 and for a period of three (3).days before and four (4) days following Memorial Day. After that period, if not claimed, they will be removed from the site. The Cemetery Staff assures no responsibility for lost or stolen articles. The use of flags and amblers may be used for a period of three (3) days before and four (4) days following Memorial Day, but they will be removed and stored, without responsibility for preservation, if still in place on the 6th day following Memorial Day. All wooden boxes, glass jars and bottles, toys, cans, wired flowers, and other objects that might create a mowing hazard will not be permitted during the moving season except as designated and, when used, will be removed and destroyed by the Cemetery Staff without notice. The City reserve; ie right for its workmen and tpersons necessary to the performance of normal Cemetery operation to enter upon or cross over any lot in the Cemetery. The City or its employees assume no liability for actual damages or mental anguish in the performance of its normal operation, or loss by vandalism or other acts beyond its reasonable control. A lot owner should feel free to consult with the Cemetery Staff regarding any item or clarification of the rules and regulations at any time. Rules for Visitors. Visiting hours for the Cemetery are from 7:30 A.M. - 9:00 P.M. Visitors are requested to use designated walks and drives and not to trespass unnecessarily on Cemetery lots, pick any flowers (either wild or cultivated), injure any scrub, tree or plant, or mar or deface any monument, stone, or structure in the Cemetery. The use of materials such as are necessary to produce the art forms known as tracings or rubbings is prohibited on any monument, stone, or statuary within the boundary of Oakland Cemetery. Brown Street is designated as the entrance and exit for Oakland Cemetery Vehicles traveling within the Cemetery shall observe the hours of visitation as previously stated and shall proceed at a rate not to exceed fifteen (15) miles per hour. Drivers should be aware at all times of the City's right to alter, change, or close alleyways, road- ways, and other physical properties of the Cemetery. Firearms will be allowed in the Cemetery only for use at military funerals. Special permission must be obtained in advance from the Cemetery Superintendent. It is unlawful to bring, cause, or permit a dog or any animal to enter the Cemetery except seeing eye dogs, unless confined inside a vehicle. Individual Lot Restrictions. Graceland, Grandview, Prospect Hill, Fairview, and all the numbered block sections are designated as having unrestricted monument privileges that permit the erection of both monurents and individual markers where the lot area is sufficient to place the monument and/or markers on solid ground and will not interfere with future grave openings. On Graceland Drive, the monument must be on the west for Lots #1 to #110 and Lots #160 to #208 and on the east for Lots #111 to #159 and all markers, if used, must be flush with the contour of the existing soil. Glenview, Cedarview, Oak Green, and the new section of Block 9 have flush markers and allow only one marker per grave or double marker, as for husband and wife, for two adjoining graves. Babyland markers are restricted only by suitability and the size of the two foot by four foot (2' x 4') area. Fees and Payments. The payment of all fees and charges is due when billed by the City. C: a21 I,,= RESOLUTION NO. 77-127 RESOLUTION APPROVING PRELIMINARY AND FINAL PLAT OF ORCHARD COURT SUBDIVISION WHEREAS, the owners and proprietors, Ruth Martin, unmarried; Shirley Stutzman and Stanley Stutzman, wife and husband; Jean Martin Beachy and Ernest Beachy, wife and husband; Helen Martin Bontrager and Lester Bontrager, wife and husband; Bernice Westfall, unmarried; and Alvin F. Streb and Mary Joan Streb, husband and wife, have filed with the City Clerk preliminary and final plats and subdivision of the following des- cribed premises located in Johnson County, Iowa, to -wit: and Commencing at the East quarter corner of Section 16, T79N, R6W of the 5th P.M.; thence North 365 feet to the North line of West Benton Street; thence Westerly 370.5 feet on the North line of West Benton Street to the centerline of Orchard Street; thence Northerly 310.12 feet on the centerline of Or- chard Street, to the point of beginning, all in accordance with Recorded Plats as recorded in Johnson County, Iowa; thence N 87° 26' 06" W, 440.96 feet; thence N 03° 07' 21" E, 254.82 feet to the Southerly right-of-way line of the C. R. I.and P. Railroad; thence northeasterly 428.67 feet, on a 2100 foot radius curve concave Northwesterly (chord dis- tance and bearing being N 87° 25' 11" E, 427.93 feet); thence S 0° 09' 59" W, 268.42 feet; thence S 87° 26' 06" E, 32.53 feet to the East line of Orchard Street extended Northerly; thence S 00 09' 59" W, 25.02 feet on the East line of Orchard Street extended North; thence N 87° 26' 06" W, 32.53 feet to the point of beginning, WHEREAS, said property is owned by the above named persons and the dedication has been made with the free consent and in accordance with the desires of said owners and proprietors, and WHEREAS, preliminary and final plats and subdivision have been examined by the Planning and Zoning Commission which recommended that said preliminary and final plats and subdivision be accepted and approved, and 13y ThL Laga! D ant Res. No. 77-127 -2- WHEREAS, said preliminary and final plats and subdivision are found to conform with Chapter 409 of the Code of Iowa (1975) and all other statutory requirements. NOW THEREFORE, BE IT RESOLVED, by the City Council of Iowa City, Iowa, that said preliminary and final plats and subdivision located on the above described real estate be, and the same is hereby approved, and the dedication of the street therein as by law provided is hereby accepted. BE IT FURTHER RESOLVED, that the City Clerk of Iowa City, Iowa, is hereby authorized and directed to certify a copy of this Resolution to the Coun- ty Recorder of Johnson County, Iowa. BE IT FURTHER RESOLVED that the Building Inspector is hereby author- ized to issue building permits for construction in said subdivision under the ordinances of the City of Iowa City, Iowa. It was moved by Foster and seconded by Balmer that the Resolution as read be adopted. Upon roll call there were recorded: Aye Balmer x DeProsse x Foster x Neuhauser Perret x Selzer Vevera x Dated this 3rd Attest: 01&-- Abbie Stolfus, City Oerk Nay Absent R day of May , 1977. &&t W - A Caro eProsse, Mayor Pro Tem RESOLUTION N0, 77-128 RESOLUTION ACCEPTING PRELIMINARY PIAT' OF SUBDIVISION OF LOT 2, STURGIS CORNER ADD. BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the approval of the preliminary plat for the subdivision of Lot 2, Sturgis Corner Addition be granted with the following conditions: 1) that variances be granted for the paved street width, the street right-of-way width, and the street sidewalk; 2) that an agreement be obtained to install a bituminous pathway at such time as requested by the City; 3) that the City cannot require the dedication of the riverfront area; 4) that at the time of the final plat for the rear part of the lot, the determination be made as to the appropriateness of a cul-de-sac. S) that the land would be retained in its 'natural state' and that at the time at which the land is transferred to the City it should be minus any debris or junk; and 6) that the Public Works Dept. $ Traffic Engineering Div. are satisfied with the proposed connector street to Benton Street. as requested by Southgate Development. i It was moved by Balmer and seconded by Vevera that the resolution as read be adopted and upon roll call there were: AYES: NAYS: ABSENT: x BALMER x de ROSSE x FOSTER x NLUHAUSLR x FERRET x SELZER x VEVERA Passed and approved this 3rd ATTEST: CITY CLERK day of Mav , 1977. Sag U). A pm-4,�_ MAYOR PRO TEM Received & Approved By The Legal Department A RESOLUTION NO. 77-129 RESOLUTION REVISING DESIGN STANDARDS FOR PUBLIC WDRKS IMPROVE RIM IN IOWA CITY, IOWA. /' WHEREAS, the City Council of the City of Iowa City, Iowa, by Resolution No. 75-120 adopted certain standards for public improvement projects in Iowa City, Iowa, and WHEREAS, Ordinance No. 76-2807 authorizes the Department of Public Works to develop and establish written policies, procedures, criteria and regulations concerning the inspection, determination and approval of standards for the construction and/or development of storm water management structures, and WHEREAS, pursuant to said ordinance the Department of Public Works has developed revisions to design standards for public works improvements as adopted by Resolution No. 75-120, a copy of which is attached to this resolution and made a part hereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That Revisions to Design Standards for Public Works Improvements as proposed by the Department of Public Works be adopted. 2. That Section VII of the Design Standards for Public Works Improvements in Iowa City, Iowa, as adopted by Resolution 75-120 be rescinded. 3. That copies of the revised standards be kept on file with the City Clerk. It was moved by Balmer and seconded by Foster that the Resolution as read be adopted, and upon roll call there were - AYES: NAYS: ABSENT: x Balmer x deProsse x Foster x Neuhauser x Perret x Selzer x Vevera Passed and approved this 3rd day of May 1977. 2& - Mayor Pro Tem ATTEST City Clery RECEIVED & APPROVED 81 ,THE LEG DEPARTMENT CK2 L L 2 L REVISIONS TO DESIGN FOR PUBLIC WORKS IOWA CITY SECTION VII -- STORM STANDARDS IMPROVEMENTS SEWERS 0412 i [� Revisions to Design Standards for Public Works Improvements Iowa City, Iowa Section VII - Storm Sewers Page VII - 1.0 Design Flows 1.1 Estimated storm water flow shall be determined by the use of a hydrograph to predict the peak rate of runoff accumulation and total runoff at a point of investigation. A hydrograph need not be developed for each individual subwatershed created within a project by the construc- tion of inlets and drainage. A hydrograph must, however, be developed for each project at the major point of interest, where excess storm water is discharged from dominant land within the project to servient land outside of the project. In the event upstream catchments deliver storm water runoff into the project in significant amounts, examination of this watershed will also be required by the hydrograph method. As an aid to the development of hydrographs for drainage analysis, refer to Appendix 'A' of this document. The method detailed in this appendix will be acceptable for use on all projects in Iowa City. 1.2 The storm sewer system for each project shall be designed to transport the rainfall excess from a five (5) year storm. The excess storm water passage shall be designed to transport the peak rate of runoff from a 100 year return frequency storm assuming all storm sewers are inoperative and upstream areas are fully developed, all in accordance with the Iowa City Ordinance re - ED gulating storm water runoff. 1.3 Both the storm sewer drainage system and the excess storm water passage shall be designed to discharge into a storm water storage facility. The specific location and method of construction of this storage facility may vary in accordance with existing natural L drainage conditions and development planning. The complete design and planning of storm water storage facilities must be included with all plans submitted gl for approval. 1.4 All storm sewers shall be designed with a slope that provides sufficient energy to produce a velocity of 2.0 feet per second when flowing full. Values of 'N' used in the Kutter's formula for various materials are given in Appendix 'B' of this document. I J ISI L L L I I I 11 L ll Revisions to Design Standards for Public Works Improvements Iowa City, Iowa Section VII - Storm Sewers Page 2 VII - 2.0 Storage Requirements 2.1 All storm water storage areas must be designed to contain and safely pass storm water runoff. The combined capacity of these storage areas shall be sufficient to contain the storm water runoff from a 100 year storm from the development under design with a release rate of 0.15 cfs per acre. Adequate spillway provisions must be constructed to transport peak runoff from a 100 year storm assuming the outlet to be plugged. This spillway shall provide for the entire upstream watershed. A low flow pipe capable of carrying minimal flows shall be put under dry bottom water storage areas in those locations where flows from car washing, sump pump drainage and other like uses would be a nuisance to property owners abutting a storage area. Such pipe shall be four (4) inches in diameter unless otherwise approved by the City Engineer. 2.2 Where storm water storage facilities have the potential to contain the runoff from the total tributary water- shed they must be constructed to contain the main channel flow and restrict the flow of all of the storm water runoff as opposed to only the runoff from that portion of the watershed containing the project under consideration. Storage volumes should be calculated to contain only the runoff from the project site, however, the release rate must be calculated at 0.15 cfs per acre from the total tributary catchment. Over- flow spillway requirements must be designed to transport peak storm runoff, as stated in Section 2.1, from the entire tributary watershed under the existing conditions. Future upstream storage will not be allowed for purpose of design reductions. If the development does not contain main channel flow, water from upstream development must be piped through the development to the storage area. Flow from upstream should be calculated at 0.15 cfs per acre if the upstream watershed will some day be developed. -If it is already developed or can never be developed, actual flow should be calculated and piped for a 5 year storm. All flows for a 100 year storm from upstream, shall be handled by an excess storm water passage. 2.3 In no case shall storage in excess of 5 inches per acre be required. L 11 L 2 E L I L I L J Revisions to Design Iowa City, Iowa Section VII - Storm Standards for Public Works Improvements Sewers 2.4 Energy dissipators shall be provided at the discharge points of all storm water storage facilities. These need not take the form of a special structure unless discharging to atmosphere into an open channel. Hydraulic structures, drop manholes and downstream storm drains may be used to control the potential energy of temporarily stored storm water. 2.5 Spillway facilities for all storage areas should be accommodated into the design of the proposed improve- ment without an unusual condition or special structure that will require other than routine maintenance. 2.6 For specific information and details on storage facilities, including alternative measures, with advantages and disadvantages for reducing and delaying storm runoff, refer to Appendix 'C' of this report. VII 3.0 Inlet, Pipe and Storm Sewer Appurtenance Design Standards 3.1 Inlets and pipes shall be located and sized so that the following conditions are met: a. For a five (5) year storm arterial streets shall have two traffic lanes free of excess water at all times. Local and collector streets shall be designed to have one twelve (12) ft. traffic lane free of water; however, there will be design leeway to allow a maximum ponding period of ten (10) minutes during the five (5) year storm. Storm water shall not cross an intersection but can follow a curb around its radius. b. All of the storm water runoff from pavement areas other than streets shall be directed toward storm sewer inlets. These inlets shall have a potential of being surcharged a maximum of lh feet. C. Storm drainage design shall be accomplished so that storm water runoff is not allowed to accumulate into volumes that could become destructive and so that the majority of excess rainfall is carried in conduits, as opposed to curbs, open ditches or swales. A design solution to improve efficiency of inlets is shown in Appendix 'D'. d. Ponding of storm water runoff shall not exceed a depth of one (1) foot in a pedestrian mall area. {g Revisions to Design Standards for Public Works Improvements Iowa City, Iowa Section VII - Storm Sewers Paee 4 L CI L 21 L I L PIP 0 I L 1 N L L ss 3.2 For a one hundred (100) year storm, the ponding of surface water on local, collector, and arterial streets must not exceed a depth of one (1) foot at the gutter. Water exceeding one (1) foot shall be designed to overflow into an excess storm water passage. Note that when storing surface water on a street over a sanitary sewer manhole, a water- proof manhole frame and bolted lid will be required (Neenah R -1916-F or equal). 3.3 The drainage and grading design shall be tested and investigated to ensure that in a 100 year return frequency storm the depth of storm runoff in any street, alley or pedestrian mall will not exceed the level of any habitable floor elevation or the elevation of the first floor of any building designed for public use. 3.4 In all plans, a positive overland surface channel must be provided so that excess storm water runoff is safely transported downstream. This feature must be clearly indicated on the plans. This overland surface channel must be continuous to the storm water storage area or to the main drainage facility where the excess storm water runoff can be safely trans- ported downstream. 3.5 Curb type inlets shall be used for all arterial streets. Crate type inlets will be allowed for local and collector streets (Neenah R-3065 or R-3067, or equal), alleys (Neenah R-4670 grate or R-4781 grate with Neenah R-4899 frame, or equal), rear yards (Neenah R -4340-A or R -4340-B or equal), and pedestrian malls if storing water (Neenah R-2500 or equal). Appendix 'E' of this document shows these grate inlets and illustrates potential arrangements of inlet and storm drainage facilities for residential subdivision streets. 3.6 Storm drains shall be constructed of reinforced concrete pipe (RCP), concrete pipe (CP), extra -strength vitrified clay pipe (ESVCP), or plastic pipe (ABS or PVC -SDR 35 or less) as recommended by the manufacturer for the purpose intended. Bedding and strength of pipe material will be adequate to support all superimposed loads including H-20 live loads on all pavements. The recommended minimum cover on all storm drains shall be two (2) feet under pavements and one (1) foot under turf areas. Revisions to Design Standards for Public Works Tmprovements Iowa City, Iowa Section VII - Storm Sewers Page 5 All storm drains will be a minimum of four (4) inches in diameter for control of storm runoff from storage areas. Rear yard drainage pipes will be a minimum of six (6) inches in diameter. All others will be a minimum of ten (10) inches in diameter. Specifications for acceptable bedding materials and methods of installation are contained in Appendix 'F' of this document. 3.7 Manholes shall be designed and installed as follows: a. at the end of each line; b. at all changes in grade, size or alignment except for sewers thirty (30) inches or greater in diameter which may be laid with changes in alignment without manholes; c. at all pipe intersections; d. at distances not greater than 400 feet for sewers fifteen (15) inches or less in diameter and 600 feet for sewers eighteen (18) inches to thirty L (30) inches (Greater spacing may be permitted in larger sewers and in those carrying a settled effluent); e. with a minimum diameter of forty-eight (48) inches; f. with a minimum diameter of twenty-three (23) r inches for the opening at the top of the manhole; g. so that the flow channel through storm sewer (, manholes conforms in shape and slope to that of the sewers; L' h. according to the Standard Manholes as shown in Appendix 'G'; and i. so that when a smaller sewer joins a larger sized pipe, the invert of the larger sewer is lowered sufficiently to maintain the same energy gradient. (An approximate method for securing this result is to place the 0.8 depth point of both sewers at the same elevation). E Revisions to Design Standards for Public Works Improvements Iowa City, Iowa Section VII - Storm Sewers Page 6 VII - 4.0 Protection of Water Supplies 1 4.1 There shall be no physical connection between a public or private potable water supply system and a sewer, or L' appurtenance thereto which would permit the passage of any sewage or polluted water into the potable supply. f, 4.2 Whenever possible, sewers should be laid at least ten (10) feet horizontally from any existing or proposed water main. Should local conditions prevent a lateral separation of ten (10) feet, a sewer may be laid closer than ten (10) feet to a water main, provided: 19 4.2.1 it is laid in a separate trench; 4.2.2 it is laid in the same trench with the water mains located at one side on a bench of 6 undisturbed earth; or 4.2.3 in either case the elevation of the crown of the sewer is at least 18 inches below the 6, invert of the water main. 4.3 Whenever sewers must cross under water mains, the sewer shall be laid at such an elevation that the top of the t, sewer is at least 18 inches below the bottom of the water main. 4.4 When the elevation of the sewer cannot be buried to meet the above requirements, the water main shall be relocated to provide this separation or reconstructed C with slip-on or mechanical joint cast iron pipe, for a distance of ten (10) feet on each side of the sewer. One full length of water main should be centered over rl the sewer so that both joints will be as far from the L sewer as possible. VII - 5.0 Proper Backfilling 5.1 Where the sewer crosses an existing or proposed sidewalk or street, the sewer trench shall be backfilled with a _ suitable material compacted to 900 of Modified Proctor Density. 5.2 When using reinforced concrete pipe (RCP), Class 'C' bedding will be used unless severe subgrade conditions are encountered in which case the Engineer shall direct Class 'B' bedding to be used. When using extra -strength vitrified clay pipe (ESVCP), concrete pipe (CP), or plastic pipe Class 'B' bedding will be used. Revisions to Design Standards for Public Works Improvements Iowa City, Iowa Section VII - Storm Sewers Page 7 Class 'D' and Class 'C' beddings for all types of M1 pipe allowed are illustrated in Appendix 'F' of this document. 7.2 Final construction drawings shall be accompanied with all calculations supporting the storm water management design as well as proposed methods for erosion control. These drawings shall be approved prior to final plat approval. f:; 5.3 If granular material is used for backfilling, all L' concrete pipe storm sewer joints shall be sealed with asphaltic material. tl VII - 6.0 Open Channel Flow 6.1 All storm drainage shall be carried in paved channels (; (curb and gutter) leading to an enclosed storm sewer. Open channel flow, when permitted under special circum- stances specifically approved by the City Engineer, must ., be designed to accommodate the storm runoff from a 100 Lyear return frequency storm. This runoff will be calculated by examination of the total tributary watershed. 6.2 All open channel flow shall be accomplished within dedicated rights-of-way or in acceptable easements approved by the Iowa City Engineer. Acceptable methods of controlling, channel erosion will be followed. Allow- able flow rates for various materials are contained in Appendix 'ii' of this document. Where velocities approach the maximum value, special provisions shall be made to protect against displacement, erosion or shock. 6.3 Maximum backslope shall be 4:1 in combination with good soil erosion techniques. VII - 7.0 General t, 7.1 When preliminary plats are submitted, an additional two copies of the plat shall be submitted to Engineering L' which have been hand marked showing the proposed storage areas and volumes. Preliminary calculations supporting the volume requirements for the entire subdivision or PAD shall accompany these plans. It is not intended that a final design be submitted; however, it will be necessary to show that sound consideration has been given to the accommodation of storm water management. This step should preclude major changes on the final t construction drawings. 7.2 Final construction drawings shall be accompanied with all calculations supporting the storm water management design as well as proposed methods for erosion control. These drawings shall be approved prior to final plat approval. f:; h E L - I L I L N I l7i L L I 11 L I . � Appendix 'A' Revisions to Design Standards for Public Works Improvements Iowa City, Iowa Section VII - Storm Sewers Appendix 'A' A. Instructions for hydrograph preparation using modified method according to Chow.* 1. Establish a composite runoff number 'N' for the watershed under consideration by using Table A-1. Record data on the hydrologic studies form under land use. Composite runoff numbers resulting in a fraction can be rounded off to the r' nearest whole number. 2. From Table A-2 interpolate and establish a runoff factor 'X' for each time distribution and frequency up to the limits of the hydrologic studies chart. Check to see that the value recorded on the form is correct for the assigned time, frequency and runoff number. L3. Establish the slope and length of the stream from available topographic data. Use Figure A-3 to establish a lag time 6 in hours and record all data on the form in the appropriate locations. 4. Compute the ratio of time/lag time (T/Tp) and record on the hydrologic studies form. S. From Figure A-4 determine the appropriate 'z' factor for each computed T/Tp value. Record these values in the column on the hydrologic studies form. 6. Multiply the following factors to establish a quantity of in -flow for each time and frequency. Record the answer in each appropriate space on the hydrologic studies form. r, Multiplication factors: Basin Area (in acres) X Climate Factor (1.19) X Frequency Factor ('x' value) X Peak Reduction Factor ('z' value) = Q 7. Determine the largest in -flow value and establish incre- ments for the Quantity that will contain all rates of in -flow. Recor t ese increments on the hydrologic studies form and using the data .developed for "Q", plot — the curves for the various frequency storms. *Ven Te Chow, "Hydrologic Determination of Waterway Areas for the q Design of Drainage Structures in Small Drainage Basins", Engineering Experiment Station Bulletin No. 462 TAB LL' A-1: SOIL. COVER -RUNOFF NUMBER 'N' LAND USE DESCRIPTION HYDROLOGIC SOIL GROUP A B C D Cultivated land: without conservation treatment 72 81 88 91 : with conservation treatment 62 71 78 81 Pasture or range land: poor condition 68 79 86 89 : good condition 39 61 74 80 Meadow: good condition 30 58 .71 78 Wood or Forest land: thin stand, poor cover, no mulch 45 66 77 83 good cover 25 55 70 77 Open Spaces, lawns, parks, golf courses, cemeteries, etc. good condition: grass cover on 75% or more of the area 39 60 74 80 fair condition: grass cover on 50% to 75% of the area 49 69 79 84 Commercial and business areas (85% impervious) 89 92 94 95 Industrial Districts (72% impervious) 81 88 91 93 Residential: Average lot size Average % Impervious 1/8 acre or less 65 77 85 90 92 1/4 acre 38 61 75 83 87 1/3 acre 30 57 72 81 86 1/2 acre 25 54 70 80 85 1 acre 20 51 68 79 84 LAND USE DESCRIPTION Paved parking lots,, roofs, driveways, etc. Streets and roads: paved with curbs and storm sewers gravel dirt HYDROLOGIC SOIL GROUP A B C D 100 100 100 100 100 100 100 100 76 85 89 91 72 82 87 89 E 11 E L L av L I I 0 0 TABLE A-2: RUNOFF FACTOR 'X' vs. 5, 1.0, 25, 50 & 100 YEAR FREQUENCY Computation of Runoff Factor X for 5-Year_Frequenc Dura- Rain- Runoff Factor X for N equal to tion fall 100 95 90 85 80 75 70 65 60 in hrs, in in. (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) 0.10 0.55 5.50 3.00 1.50 0.40 0.00 0.00 0.00 0.00 ... 0.20 0.85 4.25 2.50 1.30 0.70 0.25 0.00 0.00 0.00 0.30 1.07 3.67 2.20 1.20 0.77 0.37 0.07 0.00 0.00 0.40 1.19 2.98 1.88 1.15 0.73 0.40 0.13 0.03 0.00 0.50 1.31 2.62 1.72 1.08 0.70 0.42 0.18 0.08 0.00 ... 0.75 1.53 2.04 1.39 0.93 0.63 0.41 0.23 0.13 0.04 ... 1.00 1.68 1.68 1.18 0.82 0.57 0.38 0.23 0.14 0.07 1.25 1.78 1.43 1.02 0.72 0.50 0.35 0.21 0.14 0.07 1.50 1.87 1.25 0.90 0.65 0.45 0.32 0.20 0.13 0.07 .... 2.00 2.02 1.01 0.76 0.55 0.40 0.29 0.20 0.13 0.08 ... 2.50 2.11 0.84 0.64 0.46 0.35 0.26 0.17 0.11 0.08 ... 3.00 2.20 0.73 0.57 0.42 0.32 0.23 0.16 0.11 0.07 ... 4.00 2.35 0.59 0.46 0.35 0.26 0.20 0.14 0.10 0.07 ... 5.00 2.46 0.49 0.40 0.30 0.23 0.17 0.12 0.09 0.06 ... 6.00 2.56 0.42 0.34 0.26 0.20 0.16 0.11 0.08 0.06 ... 7.00 2.67 0.38 0.31 0.24 0.18 0.14 0.10 0.08 0.07 ... 8.00 2.72 0.34 0.27 0.22 0.17 0.13 0.09 0.07 0.05 ... Computation of Runoff Factor X for 10 -Year Frequency Dura- Rain- Runoff Factor X for N equal to tion fall 100 95 90 85 80 75 70 65 60 in hrs, in in. (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) 0.10 0.63 6.30 3.50 1.60 0.60 0.00 0.00 0.00 0.00 0.00 0.20• 0.99 4.95 3.00 1.70 1.00 0.50 0.00 0.00 0.00 0.00 0.30 1.22 4.07 2.57 1.53 1.00 0.57 0.17 0.07 0.00 0.00 0.40 1.40 3.50 2.35 1.50 1.00 0.63 0.30 0.13 0.00 0.00 0.50 1.63 3.26 2.26 1.54 1.06 0.70 0.40 0.24 0.10 0.00 0.75 1.76 2.35 1.67 1.16 0.83 0.56 0.35 0.22 0.11 0.00 1.00 1.92 1.92 1.40 1.00 0.75 0.52 0.33 0.21 0.13 0.07 1.25 2.04 1.63 1.22 0.88 0.66 0.46 0.32 0.20 0.13 0.06 1.50 2.14 1.43 1.09 0.80 0.60 0.44 0.30 0.20 0.13 0.07 2.00 2.26 1.13 0.87 0.65 0.49 0.38 0.25 0.18 0.12 0.07 2.50 2.37 0.95 0.75 0.56 0.42 0.32 0.22 0.16 0.10 0.06 3.00 2.46 0.82 0.65 0.50 0.38 0.29 0.21 0.14 0.10 0.06 4.00 2.61 0.65 0.52 0.41 0.31 0.24 0.18 0.13 0.09 0.06 5.00 2.72 0.54 0.44 0.38 0.27 0.21 0.15 0.11 0.08 0.05 6.00 2.82 0.47 0.38 0.30 0.23 0.19 0.14 0.10 0.08 0.04 7.00 2.90 0.41 0.34 0.27 0.21 0.17 0.12 0.09 0.07 0.04 8.00 2.99 0.37 0.31 0.25 0.19 0.16 0.12 0.08 0.07 0.04 X H O O O n W N -It C.- 7 L n r -i to t n 0 O N C T t n M H Li r -.o ct V M to ri 01 N[ 10 to V M M N N N O M . . . . . . . . . . . . . . yJ X 00 vr--I ri r -I ri r-1 r -i 0 0 0 0 0 0 0 0 0 0 0 U Cd H W O 00 0 V M N ri CONN at Ln ri 00 4-7 r--. r -IN NON to NrlM 10 to •7ZzrMMN 4i u o to . • . . . . . . . . . . . . . . . 4i Cd C71 vN N N N ri ri ri r-1 0 0 0 0 0 0 0 0 0 O W C O CH O o M 0�D 1-1 M N C 71 N N t n O O M 00N -It g4 tH MCJIb ri ctN 000 �oLrl ct MM Ocn V . . . . . . . . . . . . . . 4i C v<t MMNN N r -i rl r--1 x10000000 O 7 CD to0 tfJN [�� m M rr-i CJI N M ri NtD r1 0 O Cl .ri CD In . . . r. u7l�N NSD MOC7. . . . a . 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Calculate the capacity of the drainage system under various hydraulic conditions or establish an acceptable release rate (0.15 cfs per acre maximum). Plot the value on the form so that it forms an overlay of the curves established in paragraph 7 above. 9. 'Determine the area between the various frequency curves and the release rate for an eight (8) hour storm measured in square inches. Establish the volume of storage contained in one (1) square inch by multiplying the appropriate value of quantity and time with conversion factors to produce the answer in acre feet. Calculate the storage requirement by multiplying the area between the curves by the conversion factor to produce acre feet. Record the required volume of storage in the appropriate column on the hydrologic studies form for the various frequency storms. 10. These values represent an estimate of the volume that should be provided to contain excess storm water runoff from the various return frequency storms. While a rigorous examination of the method will indicate that it is a con- servative approach to predicting excess storm water runoff, it is straight forward and the results are within acceptable limits. Determination of estimated recurrence. 1. Determine percentage of runoff or use information on com- posite 'N' value from the hydrologic studies form. Compute the average runoff and record values on the spaces adjacent to 'Impervious Average Runoff' in the second column of the estimated recurrence form. 2. The annual number of events for the Iowa City area and the recurrence interval were computed from an analysis of rain- fall events using Ralston N2 records of the U.S. Weather Bureau. This data could be further refined by using addi- tional records, however, for this purpose the six (6) year period should be adequate. The estimated average duration of the storm was established to match the rainfall inten- sity vs. duration curves found in Figure A-5. 3. Examination of the proposed control structure used to regulate the discharge of storm water runoff from a storage area will have a specific release rate that can be calculated. The quantity of storm runoff released will vary, depending on the head available from the excess storm water being stored. This variation should be minimized and the design modified so that it becomes as uniform as possible. Divide the quantity of discharge by the acreage being drained, this will be expressed as cfs/acre. Within a factor of 0.83% this value is equal to inches/hour. Multiply this value by EST AATE® RECO RENCE VOLUME OF STORM WATER STORAGE AREA DATE *EXTRACTED FROM USWB RALSTON 02 1969 THRU 1975 RAINFALL RECORDS TOTAL RAINFALL (IN.) IMPERVIOUSESTIMATED AVERAGE RUNOFF (I N') ANNUAL NO. OFEVENTS RECURRENCE INTERVAL AVERAGE DURATION (HOURS) AVERAGE RUNOFF (IN.) RELEASED "/HR. AVERAGE STORAGE REQUIRED % OF STORMS CUMULATIVE INCHES AC. FT. 0.0 - 0.1 0.05 22.1 26.0 26.0 0.50 0.1 - 0.2 0.15 14,9 18.0 44.0 0.50 0.2 -0.4 0.30 16.3 19.0 63.0 0.50 0.4 - 0.6 0.50 10.2 12,0 75,0 0.75 0.6 -0.8 0.70 5,6 7.0 82.0 1.00 0.8- I.0 0.90 5.3 6.2 88.2 1.25 I.0- 1.5 1.25 6.0 7.1 96.3 1.50 1.5- 2.0 1.75 2.05 2.4 97.7 2.00 2.0- 3.0 2.50 1.80 2.1 ANNUAL 2.50 3.00 4.00 3.0- 4.0 3.50 0.13 0.15 (5-10 YEAR) 4.0- 5,0 4.50 0.03 0.04 (25-50 YEAR) OVER 5.0 5.00 0.01 0,01 (100 YEAR) 6.00 0 VOLUME (ACRE FT.) HOURS TO DRAIN N FIGURE A-5 RAINFALL INTENSITY VS. DURATION (IOWA CITY) 0 0 0 0 0 0 0 O ui d 06 (d I;f N cli RAINFALL INTENSITY 0 co w W - d O O c; (INCHES PER HOUR) L L L L L M L L 11 11 03 M. U the estimated average duration and record the answer in the appropriate space in column 7, headed 'Average Runoff (in.) Released.' 4. Subtract the value recorded in column 7 from the value recorded in column 2 and place the answer in the appropriate space in column 8. S. Convert the figures in column 8 into acre feet by multiply- ing by the catchment area in acres and dividing by 12. Record the answer in column 9. 6. Examine the proposed storm water storage basin and calcu- late the volume of storage being provided vs. the depth of storage. Determine appropriate values for the storage elevation and volume in acre feet to utilize the total grid pattern in the lower left hand portion of the form. Plot specific conditions of the storage facility on this grid and connect with a best -fit curve. 7. Review the data contained in column 9 and establish reference points on the curve for significant storms, e.g. 80% annual, 5-10 year, 25-50 year, 100 year. Designate these points on the curve for reference. 8. Calculate the hours needed to drain the storage basin at the release rates established for column 7. Determine appropriate values to utilize the total grid system in the lower right portion of the form and plot a curve of best - fit for these values. Again examine the data in column 9 and establish reference points on this curve for the same significant storms. 9. These data can be used to establish flood limits for various storms, determine overflow events, and explain the duration of storage for various storms, It should be noted that the majority of storms will require little or no storage, and that storage will be required for extremely brief periods following the storm. El L 77 El i I ro L E I Appendix IBI Revisions to Design Standards for Public Works Improvements Iowa City, Iowa Section VII - Storm Sewers Appendix 'B' Values of N to be used with Kutter or Manning Formulas* Condition Type of Surface New GooU-----Tair Poor Cast iron pipe 0.013 0.014 0.015 0.020 Wrought iron pipe 0.013 0.014 0.015 0.016 Brass or glass pipe 0.009 0.010 0.011 0.013 Smooth plastic pipe** 0.010 0.011 0.012 0.013 Riveted spiral steel pipe 0.013 0.015 0.017 0.019 Corrugated metal pipe** 0.020 0.025 0.027 0.030 Concrete pipe 0.013 0.015 0.017 0,020 Vitrified clay pipe 0.013 0.014 0.015 0.018 Common clay pipe 0.013 0.015 0.017 0.020 Asbestos cement pipe** 0.013 0.014 0.016 0.018 Concrete lined channel 0.013 0.014 0.016 0.018 Rubble lined channel 0.017 0.020 0.025 0.030 Straight earth channel 0.017 0.020 0.023 0.025 Winding earth channel 0.022 0.025 0.028 0.030 Dredged earth channel 0.025 0.027 0.030 0.033 Earth bottom, rubble side channel Clean, straight natural stream Weedy, straight natural stream Winding, clean natural stream Winding, weedy natural stream 0.028 0.030 0.025 0,027 0.033 0.035 0.030 0.033 0.030 0.033 0.035 0.040 0,033 0,035 0,040 0,045 0.035 0.040 0.045 0.050 Type of Surface Sluggish, large natural stream Sluggish, weedy natrual stream I Condition New Good fair Poor 0.050 0.060 0.070 0.080 0.075 0.100 0.125 0.150 *Adapted from Handbook ofApplied Hydraulics,_ by C. V. Davis, Table compiled by Orton. **Values from manufacturer's recommended design factors. E E L I I I 2 E i L I I c I Appendix 'C' F Revisions to Design Standards for Public Works Improvements Iowa City, Iowa Section VII - Storm Sewers Appendix 'C' Acceptable storage of excess storm water runoff may be accomplished in numerous ways. Each of these methods should be examined to pro- vide the specific project with the maximum advantage, least cost of construction and minimum of inconvenience. To aid in the design of acceptable measures for reducing and delaying urban storm runoff in Iowa City the following grouping of methods and accompanying advantage and disadvantage list has L' been excerpted from the Soil Conservation Service Technical Release No 55. These methods are listed to provide a point of reference for investigating alternative means of compliance with the Iowa City Storm Water Control Ordinance. The disadvantages of each control method are listed for the primary purpose of providing both the design and review engineer with data to investigate each control measure used, and develop an acceptable solution for each potential difficulty. In all of these recommended measures, the matter of economic construction should be stressed. Economics in construction does not mean the use of insufficient materials or reduced quality, but additional investigation of alternatives is required to determine the most efficient and acceptable use of the materials and resources available on the construction site. Methods used to control runoff in urbanizing areas reduce the volume and/or the rate of storm water runoff. The effectiveness of any control method depends upon the availability of potential storage, the inflow rate and the outflow rate. Because a great variety of methods can be used to control peak storm water flow, each method suggested should be evaluated for both effective- ness and acceptability for the given project. Effective and accep- table measures for reduction of peak runoff rates are, of course, not limited to those listed. The details for the construction of each method suggested are most important. These details should be carefully examined to ensure that greater problems are not created by the construction of a control device than are solved. I I I r" roll- s'i:r r� r � ro-9 "T rm 'o r� �� :SMT EM Lan MEASURES FOR REDUCING AND DELAYING URBAN STORM RUNOFF AREA REDUCING RUNOFF DELAYING RUNOFF Large flat roof 1. Cistern storage 1. Ponding on roof by constricted- onstricted-2. 2. Pool or fountainstorage downspouts 2. Increasing roof roughness a. rippled roof b. gravelled roof Parking lots 1. Porous pavement I. Grassy strips on parking lo,. 2. Concrete vaults and cisterns 2. Grassed waterways draining beneath parking lots in high parking lot value areas 3. Ponding and detention measures 3. Vegetated ponding areas around for inpervious areas parking lots a. depressions 4. Gravel trenches b. basins Residential 1. Contoured landscape 1. Reservoir or detention basin 2. Ground -water recharge 2. Planting a high delaying grass a. perforated pipe (high roughness) b. gravel (sand) 3. Grassy gutters or channels C. trench 4. Increased length of travel of d. porous pipe runoff by means of gutters, e. dry wells diversions, etc. 3. Vegetated depressions 0 Ems? E.Ew- EMM r� r"°+ '."z1 row lw—3 FrM rMC-3 Im C"® rMOT M r1to C"`,:? Ern ADVANTAGES AND DISADVANTAGES OF MEASURES FOR REDUCING AND DELAYING RUNOFF MEASURE ADVANTAGES DISADVANTAGES A. Cisterns and covered ponds 1. Water may be used for: 1. Expensive to install a. fire protection 2. Cost required may be restrictive b. watering lawns if the cistern must accept water C. industrial processes from large drainage areas d. cooling purposes 3. Requires expensive cleaning and 2. Reduce runoff while only maintenance occupying small area 4. Restricted access 3. Land or space above cistern S. Reduced available space in may be used for other purposes basements for other uses. B. Surface pond storage 1. Controls large drainage areas 1. Requires advance land planning (usually residential, with low release 2. Possible pollution from storm commercial and industrial 2. Aesthetically pleasing water and siltation areas) 3. Possible recreational benefits 3. Must be deep enough (+101) to a. boating support fish life to prevent b. ice skating mosquito breeding C. fishing 4. May have excessive algal blooms d. swimming resulting in eutrophication 4. Aquatic life habitat S. Maintenance problems with land/ 5. Increases land value of water interface adjoining property 6. Potential liability C. Ponding on roof by con--- 1. Runoff delay 1. Higher structural loadings stricted downspouts 2. Cooling effect for building greater flexure under loads a. water on roof 2. Clogging of constricted inlet b. circulation through requiring maintenance 3. Freezing during winter (expansio 4. Potential for leakage of roof (water damage) D. Increased roof roughness 1. Runoff delay and some re- 1. Somewhat higher structural 1. rippled roof duction (detention in loadings 2. gravel on roof ripples or gravel) 2. Higher potential for leaks r"_"' 153 F. MEASURE ADVANTAGES DISADVANTAGES E. Grassed channel and vegetated 1. Runoff delay 1. Requires use of some land strips 2. Some runoff reduction area for vegetated strips (infiltration recharge) 2. Grassed areas must be mowed 3. Aesthetically pleasing or cut periodically (main - a. flowers tenance costs) b. trees 3. Increased difficulty of cleanin F. Ponding and detention 1. Runoff delay 1. Somewhat restricted movement of measures on impervious 2. Runoff reduction vehicle pavement 2. Interferes with normal use 1. basins during heavy runoff periods 2. constricted inlets 3. Depressions collect dirt and debris requiring extra main- tenance. G. Dry reservoir or detention 1. Runoff delay 1. Advance land planning is basin 2. Recreation benefits -baseball necessary football, etc., if land is 2. Maintenance costs provided a. Mowing grass 3. Aesthetically pleasing b. Herbicides 4. Could control large drainage C. Cleaning periodically areas with low release (silt removal) 3. May require underdrain system 4. Siltation H. Ground -water recharge 1. Runoff reduction (infiltra- 1. Clogging of pores or perfo ed 1. perforated pipe or tion) pipe hose 2. Ground -water recharge with 2. Initial expense of installation 2. french drain relatively clean water (materials) 3. porous pipe 3. May supply water to garden or 3. Monitoring of water quality, if 4. dry well dry areas required could prove expensive 4. Little evaporation loss I. Routing flow over lawn 1. Runoff delay 1. Possible erosion or scour, 2. Increased infiltration which requires added expense 3. Easy to accomplish 2. Standing water on lawn in depressions in poorly graded areas 3. Potential for ice build-up E E Ol L M.", il j N L I Appendix '➢' fi7 W REVISIONS TO C GN STANDARDS FOR PU@ : WORKS IMPROVEMENTS IOWA CITY, IOWP4 SECTION = - STORM SEWERS 755 750 0 0 0 r 0 0 + 0 a 752.9 748.0 BEST FIT UNIFORM GRADE 4'/350' - 1.14%---� F LOGY APPENDIX 'D' EXISTING GRADE TYPICAL STORM IR DRAIN SYSTEM n r Q4�WATER MAIN W/5' COVER 10 100 150 200 250 300 STREET GRADE - ALLOWING EXCESS FLOW TO REMAIN IN STREET CHANNEL +1.79% 755 751 HIGH POINT 74E 752.4 O d -•� U) 750 r EXISTING GRADE 0 F LOW r O � 745 F 9 ±I'-0° HEAD FOR STORM DRAIN SURCHARGE WATER MAIN W/ 5' COVER 50 100 150 200 250 300 REVERSE STREET GRADE - REQUIRING EXCESS -FLOW TO SURCHARGE STORM DRAINAGE SYSTEM a TEMPORARILY STORE IN THE STREET i� -+- 350 THESE REVERSE GRADES SHOULD BE CREATED TO EXAGGERATE THE NATURAL VARIATIONS IN THE EXISTING TOPOGRAPHY AND MINIMIZE THE EFFECT ON ROADWAY RIDE. LOCAL STREETS WILL GENERALLY NOT BE AFFECTED BY CHANGES OF 3% TO 5% IF PROPER VERTICAL CURVES ARE CONSTRUCTED. Appendix 'E' j REVISIONS TO D GN STANDARDS FOR PUB I WORKS IMPROVEMENTS IOWA CITY, IOWA SECTION = — STORM SEWERS I I I w w w F APPENDIX 'E' PIPE LAID PARALLEL TO THE STREET SHALL NOT LIE UNDER PAVING. A ♦-i _ -- _ —+— - _LOCAL STREET I_ _ STORM SEWER AT INTERSECTION w I B I L co C C J I a I Wi fB J STORM SEWER PERPENDICULAR -TO STREET URB INLET ROADWAY STORM SEWER PARALLEL AT STREET NOTES: I. FLOWS ALLOWED TO PROCEED AROUND COR- NER TO SUMP AWAY FROM INTERSECTION 2. FLOWS NOT ALLOWED TO CROSS INTER- SECTION 3. DISTANCE BETWEEN MANHOLES NOT TO EXCEED 400 FEET 4. NO INLETS BETWEEN PTR IN RADIUS 5. M - MANHOLE G -GRATE INLET OR INLET MANHOLE C - CURB INLET SIDEWALK PROPERTY LINE— SECTION B — B CURB INLETS LOCATED TO KEEP TWO 12 FOOT LANES FREE OF WATER IN A 5 YEAR STORM. MANHOLE /GRATE INLET ,ROADWAY SECTION A — A GRATE INLETS LOCATED TO KEEP ONE 12 F00T LANE FREE OF WATER IN A 5 YEAR STORM. A uo� CURB C z w a ii M m p v Lu / TYPICALSTREET ��-cuRB GRATE INLET CURB INLET FRAME, REVERSIBLE GRATE CURB INLET FRAME, REVERSIBLE GRATE B CURB BOX TO BE NEENAH R-3066 8 CURB BOX TO BE NEENAH R-3067 OR APPROVED EQUAL OR APPROVED EQUAL /GRADE \J /GRADE / BEHIND / / BEHIND CURB (CURB STREET GRADE 2�-0 ' o ' GROUT FRAME TO WALL DIA. WALLS TO BE 6° POURED CONCRETE OR PRECAST RE- INFORCED CON- CRETE SECTIONS, 04 BARSPI2°C. C' VERT. B HORIZ� 3 MIN. COVER / TYPICALSTREET ��-cuRB GRATE INLET CURB INLET FRAME, REVERSIBLE GRATE CURB INLET FRAME, REVERSIBLE GRATE B CURB BOX TO BE NEENAH R-3066 8 CURB BOX TO BE NEENAH R-3067 OR APPROVED EQUAL OR APPROVED EQUAL /GRADE \J /GRADE / BEHIND / / BEHIND CURB (CURB STREET GRADE 2�-0 ' o ' GROUT FRAME TO WALL DIA. WALLS TO BE 6° POURED CONCRETE OR PRECAST RE- INFORCED CON- CRETE SECTIONS, 04 BARSPI2°C. C' VERT. B HORIZ� 3 MIN. COVER -3" SAND CUSHION - SECTION A -A STREET GRADE E lid 8J ' 0 L I I 11 i 11 u L 11 4i 4 CURB INLET FRAME, REVERSIBLE GRATE 8 CURB BOX TO BE NEENAH R-3065 OR APPROVED EQUAL --� TYPICAL STREET INLET MANHOLE GRADE BEHIND CURB STREET GRADE BRICK OR CONCRETE AS REQUIRED .o'.'.o.'•D; TO MAX. OF 4° TO MEET STREET GRADE LINE. 24" MAX. HEIGHT OF SPACER RINGS, IN - GROUT FRAME TO 2-0 MIN. �' ° ° .•o' CLUDING C.I. CURB SPACER RING OR ' o • .','D .' , •;°, , 'o • ' ' ' P INLET FRAME. MANHOLE WALLJA FLAT TOP - CEMENT MORTAR JOINTS WITH RUBBER GASKET AS SHOWN OR COLD BI- TUMINOUS COMPOUND JOINTS MADE IN SAME MANNER AS SEWER PIPE JOINTS WITH 6° STRIP MASTIC PAINT AROUND OUTSIDE OF JOINT STEPS TO BE SPACED AT 12° MIN. TO 16° MAX. FOR STEP ° DETAIL SEE APPENDIX 'G'. •;o STEPS ARE NOT REQUIRED o• IF MANHOLE IS THAN 3 FEET IN DEPTH. D 4' DIA. FOR 24° PIPE & UN e • B' DIA. FOR OVER 24° PIPE SLOPE I° TO 10° SECTION A - A 48° PRECAST CON- CRETE SECTIONS CON- FORMING TO A.S.T.M. SPECIFICATION C-76 f L L O❑❑•❑❑❑ 0000❑❑ �Q❑❑❑EIV \\ 0 El %/ TYPICAL PEDESTRIAN MALL INLET FRAME a GRATE TO BE NEENAH R-2500 OR AP- PROVED EQUAL ~4 BARSc@ 12°C. -C. HORIZ.8 VERT. 3" MIN. COVER 5 0 A PAVING e.. TYPICAL REAR YARD INLET BEEHIVE GRATE TO BE NEENAH R-4340 A OR R-4340 B WITH C.I. FRAME OR APPROVED EQUAL GRADE B SECTION A —A ��j�j�j�����j�jQ�•�����•��...........������j���j���j�j 3° SAND CUSHION SECTION B - B YGROUT FRAME i • o TO WALL •' o. G Z • ' e ° WALLS TO BE G° ° • a' 0 0' POURED CONCRETE °„ OR PRECAST RE- 2'- 0DIA. 'c ' N•O •• INFORCED CON- , '. CRETE SECTIONS ° 12 I” -0„ DIA. o ' o','. a • ; o: ' p SECTION A —A ��j�j�j�����j�jQ�•�����•��...........������j���j���j�j 3° SAND CUSHION SECTION B - B I ' I 0 �.i TYPICAL ALLEY INLET 4*4 BARsm- 12"C. -C. VERT. ® HORIZ. 3"MIN. 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Iwa d vb rJ Ir• tY•w d •Ia�q µ b n••iN in Ibw r•a I•i.ry J ha in•II rr µdl M 'rd.JN a v.•.ar •v..rv:.a Man hiII I-••IA.I lnrral•e aFdl j• 141weYs J M .ride •nJ I• .m. •I w.• m i• .i and in •wmrl rwDewen •1 OrNJ RA -6 Irda REINFORCING SCHEDULE Mme an l•n F 5 'n Il P.r 1.1 • •.D" r., 4 . - . r -a•• nam D e vwl.[ r.a^ d vwL. nm 5 - SECTION A -A wb ^O I I T� 1 CCC1gR ASA 1 1 J 1��! + • f rI 1�r.ran D�:•+rw i ` ']• _ T Yr[TA wmr+.aa]n /\ri[w \oYw '[rL { ♦ t•w +nrl � ilOR virYLM MaN (rvw> ov BCiL;e RGTb] CK F' ARID G Yo 1 G 1 a+Y�. nrw � .� Irl r� � •� .[Trot. D -D YI I[Vva e]I•cC1 CMq 4 OC C•CWC >w 'rtw r n+I•YV br1W>7 cwv+q +] I t: !IY[f Laa]tl lrry P Y mmWY />tlY> 041a\q Y tsA®n [C![ /w<SI I•M WInCMIIrnSa 4FRYY.IV SIksS ♦ �QTY S4Y WMRYWvra+R mw MP m>s�. AM r]e0 [eG[� 1]psMllr lR[�D alLUOq Da Iti•I Y/p rrlYtl�eY1[ Iotrol, r umrdrtRYlyw DYliP. (aK.1GT!�M(j[n apo +1�]r/.[Yap O ICIt! ON 11 /•-[ INi/� WR0. il'O]K.CII+. e+O _ t CV+O? I) w C Sai0.0 ]4V+W qp RC VM.+ [ r..a. - utl.v[n rPKD fl+.cc] e.]I[ m smv .raD Sr.CGe m ]] aooD ram r�>KD 1 SIICIxnc — (/ MII[ 0.] fMOtN. +rotlat ae.+a A ru ypc p4V+ �] y av .+ o • Y]y ]O y ]]-] n+44] JWC rKIYS 4l r2C[]Y]+ [Vw+CT+ ND - zYa.`t.Nr .�.Dcuw v�.KiTtu>wn oavn[+.wa .+D .Du]TaitYO, /MrCvn T, ].>r[ncun.+�aKum- COSaTC IW IRC[A M S V Y+[ au I) ]t>M.RIa O �wua MC IS] �a]O[ M4 VCP! !� 03 �KCYCCD n K+IKM pVwMiit; a w n m.eTacTm n . [ w+uG.D] SI'/ Pwd Da WZF o[elu v wow[ 1NROCT STANDARD ROAD PIAN IMT CMIII IMDIN[F! DAI � TAPERED INLET t tYrE I EDGTIW WNE CDYEA Atn. TD !•D �w n!n u.a roll Y44 O10N W Iql[ CT'[R AT,•+ ,P r[ve `11 [tray. ,• �} /� nw '^' 1 • Q y I :I wK 'm. (I . i. t • C= +�~~ - w ,� ('rlr —� �r—I��—• � y: w. i //f•[Ralt6 �� _ Rz\ d fr( (•.[rc `YYu� t+c ]-('.;.: .R[n vl.V .. vi a+� 1 > la]/ f IIS DOR[l! PTN I '1 _ I t'A.. •..IIOY[O [[.1 R]qM TV![C. ILTpN 6.6 LbRCt! PIM MDY[O Cl.[Y]104 TYW. 4MATnN e u.Y I I T� 1 CCC1gR ASA 1 1 J 1��! + • f rI 1�r.ran D�:•+rw i ` ']• _ T Yr[TA wmr+.aa]n /\ri[w \oYw '[rL { ♦ t•w +nrl � ilOR virYLM MaN (rvw> ov BCiL;e RGTb] CK F' ARID G Yo 1 G 1 a+Y�. nrw � .� Irl r� � •� .[Trot. D -D YI I[Vva e]I•cC1 CMq 4 OC C•CWC >w 'rtw r n+I•YV br1W>7 cwv+q +] I t: !IY[f Laa]tl lrry P Y mmWY />tlY> 041a\q Y tsA®n [C![ /w<SI I•M WInCMIIrnSa 4FRYY.IV SIksS ♦ �QTY S4Y WMRYWvra+R mw MP m>s�. AM r]e0 [eG[� 1]psMllr lR[�D alLUOq Da Iti•I Y/p rrlYtl�eY1[ Iotrol, r umrdrtRYlyw DYliP. (aK.1GT!�M(j[n apo +1�]r/.[Yap O ICIt! ON 11 /•-[ INi/� WR0. il'O]K.CII+. e+O _ t CV+O? I) w C Sai0.0 ]4V+W qp RC VM.+ [ r..a. - utl.v[n rPKD fl+.cc] e.]I[ m smv .raD Sr.CGe m ]] aooD ram r�>KD 1 SIICIxnc — (/ MII[ 0.] fMOtN. +rotlat ae.+a A ru ypc p4V+ �] y av .+ o • Y]y ]O y ]]-] n+44] JWC rKIYS 4l r2C[]Y]+ [Vw+CT+ ND - zYa.`t.Nr .�.Dcuw v�.KiTtu>wn oavn[+.wa .+D .Du]TaitYO, /MrCvn T, ].>r[ncun.+�aKum- COSaTC IW IRC[A M S V Y+[ au I) ]t>M.RIa O �wua MC IS] �a]O[ M4 VCP! !� 03 �KCYCCD n K+IKM pVwMiit; a w n m.eTacTm n . [ w+uG.D] SI'/ Pwd Da WZF o[elu v wow[ 1NROCT STANDARD ROAD PIAN IMT CMIII IMDIN[F! DAI � TAPERED INLET H E 31 c I M j I 4 Appendix IF' U E L L:3 L P(? B� L �I F: E:e REVISIONS TO D GN STANDARDS FOR PUE IOWA CITY, IOWA SECTION = - STORM SEWERS 12 IN. MIN. WORKS IMPROVEMENTS APPENDIX 'F' NOTES, I. PIPE SHALL BE LAID ON UNDIS- TURBED SOIL. 2. BELL HOLES SHALL BE HAND SHAPED SUCH THAT THE BARREL OF THE PIPE LIES ON UNDISTURBED SOIL. 3. BACKFILL SHALL BE HAND TAMPED UP TO 12 INCHES ABOVE THE TOP .L OF THE PIPE. IRBED CLASS "C" BEDDING FOR RCP HAND PLACED BACKFILL D/2 + T MATERIAL SOIL NOTES, I. PIPE BEDDING SHOULD BE LAID ON COMPACTED GRANULAR MATERIAL WHICH IS TO BE PLACED OVER UN- DISTURBED SOIL. 2. BELL HOLES SHALL BE HAND SHAPED SUCH THAT THE BARREL OF THE PIPE LIES ON COMPACTED BEDDING. 3. BACKFILL SHALL BE HAND TAMPED UP TO 12 INCHES ABOVE THE TOP OF THE PIPE. CLASS "B" BEDDING FOR RCP 12 IN, MIN. 12 II MIN. :.r D_ _ _ . NOTES, 000000000.0• I. PIPE SHOULD BE LAID ON COM- •ioOoQ PACTED GRANULAR MATERIAL WHICH SOIL IS TO BE PLACED OVER UNDIS- TURBED SOIL. 2. BELL HOLES SHALL BE HAND 2. BELL HOLES SHALL BE HAND SHAPED SUCH THAT THE BARREL BEDDING. OF THE PIPE LIES ON COMPACTED HAND UP TO 12 INCHES ABOVE THE PLACED BEDDING. BACKFILL 3. BACKFILL SHALL BE HAND TAMPED UP TO 12 INCHES ABOVE THE TOP OF THE PIPE. 000000000.0• NOTES •ioOoQ D/4(4"MIN.) UNDISTURBED SOIL COMPACTED GRANULAR MATERIAL MODIFIED CLASS "B" BEDDING FOR ESVCP AND CP e o O O O O e O O e O 00 0 0 0 o D/2+T oeC e e e o e e o e �o oeu eo�e a e� �,nl oe D/4 (4" MIN.) UNDISTURBED SOIL COMPACTED GRANULAR MATERIAL CLASS "B" BEDDING FOR PLASTIC PIPE (PVC AND ABS, SDR 35 OR LESS) NOTES I. PIPE SHOULD BE LAID ON COM- PACTED GRANULAR MATERIAL WHICH IS TO BE PLACED OVER UNDIS- TURBED SOIL. 2. BELL HOLES SHALL BE HAND SHAPED SUCH THAT THE BARREL OF THE PIPE LIES ON COMPACTED HAND BEDDING. PLACED BACKFILL 3. BACKFILL SHALL BE HAND TAMPED UP TO 12 INCHES ABOVE THE TOP OF THE PIPE. e o O O O O e O O e O 00 0 0 0 o D/2+T oeC e e e o e e o e �o oeu eo�e a e� �,nl oe D/4 (4" MIN.) UNDISTURBED SOIL COMPACTED GRANULAR MATERIAL CLASS "B" BEDDING FOR PLASTIC PIPE (PVC AND ABS, SDR 35 OR LESS) 11 I 0-; L L L E L I I I 3 Appendix IGI L Hi L L FFj J L L E_3 L �i L L L 6J i REVISIONS TO 0 GN STANDARDS FOR PUE ; WORKS IMPROVEMENTS IOWA CITY, IOWA SECTION = - STORM SEWERS MANHOLE FRAME AND LID TO BE NEENAH R-1870 OR AP- PROVED EQUAL.�� GROUT FRAME SPACER RING 1 MANHOLE WALI STEP STEPS ARE NOT QUIRED IN STOF SEWER MANHOLE LESS THAN 3 F DEEP. i i APPENDIX 'G' BRICK OR CONCRETE AS REQUIRED TO MAX. OF 4° TO MEET STREET GRADE LINE. 24° MAX. HEIGHT OF SPACER RINGS, INCLUDING C.I. MANHOLE FRAME. TO -II° MIN. °.. o • .' o o •;; o. )R 2i_0i o; '. o..;• o•....o: •' FLA CEMENT MORTAR JOINTS WITH RUBBER GASKET AS SHOWN OR •;:? •L_° COLD BITUMINOUS COMPOUND .o.• JOINTS MADE IN SAME MAN- o NER AS SEWER PIPE JOINTS WITH G° STRIP MASTIC PAINT 'o••• RE- •�:'. AROUND OUTSIDE OF JOINT. ' M • ..o .. a. 48�� PI T. o' 12° MIN. •o CRETE 'e •. I6� MAX. CONFO A.S.T.I CATI01 °• 4 DIA, FOR 24° PIPE 0 UNDER o• ; ° ' • 5' DIA. FOR OVER 24° PIPE ..'o',•o ..°.. a ..;o;: •a:•'.' Gn TYPICAL MANHOLE 6' OR LESS IN DEPTH NEENAH R -1980E OR APPROVED ' o :" .e •.: ° EQUAL r TOP ?ECAST CON - SECTIONS "MING TO 1. SPECIFI- 1 C-75 STEP DETAIL o .o•; 2'-0' o• ' m MANHOLE FRAME AND LID TO DE NEENAH R-1670 OR APPROVED EQUAL `BRICK OR CONCRETE A3 RE- QUIRED TO MAX. OF 4" TO MEET STREET GRADE LINE. 24" e MAX, HEIGHT OF SPACER RINGS, INCLUDING C.I. MAN - MOLE FRAME. J•° CEMENT MORTAR JOINTS WITH a GROUT FRAME TO SPACER RING OR v_ MANHOLE WALL"' " i+a 48 PRECAST CON - JOINTS MADE IN SAME MANNER ra CRETE SECTIONS 0 STEP - o .o•; 2'-0' o• ' m MANHOLE FRAME AND LID TO DE NEENAH R-1670 OR APPROVED EQUAL `BRICK OR CONCRETE A3 RE- QUIRED TO MAX. OF 4" TO MEET STREET GRADE LINE. 24" e MAX, HEIGHT OF SPACER RINGS, INCLUDING C.I. MAN - MOLE FRAME. J•° CEMENT MORTAR JOINTS WITH a RUBBER GASKET AS SHOWN OR v_ COLD BITUMINOUS COMPOUND " •a•• 48 PRECAST CON - JOINTS MADE IN SAME MANNER �. •' CRETE SECTIONS 0 A3 SEWER PIPE JOINTS WITH CONFORMING TO 6" STRIP MASTIC PAINT AROUND q, S.T. PA. SPECIFI- . OUTSIDE OF JOINT, o' a CATION C-78 12MIN. ; ° 16" MAX. 0 0 • c 4' DIA. FOR 24" PIPE & UNDER ° °• 0' DIA. FOR OVER 24" PIPE 10" e' D I' 1.0, TYPICAL MANHOLE 6' OR MORE IN DEPTH NEENAH R-1980 E OR APPROVED EQUAL STEP DETAIL E E FT, L u I E El L 2111 L f I Appendix IHI Revisions to Design Standards for Public Works Improvements Iowa City, Iowa Section VII - Storm Sewers Appendix 'H' L Mean Non -Eroding Velocities Velocity in Feet Per Second LNew Shallow Deep Material of Channel Bed Construction Ditch Canal r, Fine sand or silt, non - colloidal 0.5 0.5-1.5 1.5-2.5 Coarse sand, sandy loam, non -colloidal 0.5-1.0 1.0-1.5 1.8-2.5 t, Silty loam or sand loam non -colloidal 0.5-1.0 1.0-1.8 2.0-3.0 Clayey loam or sandy clay non -colloidal 1.0-1.5 1.5-2.0 2.3-3.5 Fine gravel 1.0-2.0 2.0-2.5 2.5-5.0 Colloidal clay or non - colloidal gravelly loam 1.0-2.0 2.0-3.0 3.0-5.0 LColloidal, well graded gravel 1.5-2.0 2.3-3.5 4.0-6.0 •Pebbles, broken stone, shale €J or hardpan 1.5-2.5 2.5-4.0 5.0-6.S �s Es Sodded gutters and 4:1 side Cslopes 1.5-3.0 3.0-5.0 5.0-6.5 Ungrouted cobbles or bituminous Lpaving 2.5-5.0 5.0-7.5 6.0-9.0 Stone masonry or gabions 5.0-7.0 7.5-15.0 15.0-20.0 LSolid rock or concrete 15.0-20.0 15.0-25.0 20.0-25.0 Ni i L U L L W L L L L a F.' Measures to Control Velocity of Mean anne low 1. Check dam or ditch check in channel. This may be temporary in order to allow channel aging to occur or to establish soil stabilizing growth. 2. Energy dissipators installed in critical reaches of the stream 3. Crossover driveway with culvert. Measures to Stabilize Channel Side Slopes to Control Erosion 1. Revetment paving with gabions or grouted cobbles. 2. Bituminous or concrete pavement. 3. Soil cement, lime or bituminous stabilization of adaptable material. 4. Stabilize soil with vegetation that will not obstruct flow. ORDINANCES NO. 76-2407 AN ORDINANCE REGULATING THE RATE OF DISCHARGE OF STORM WATER RUNOFF: SPECIFYING CRITERIA FOR DETERMINING RUNOFF RATES: ESTABLISHING DEVELOP- MENT STANDARDS FOR THE CONSTRUCTION OF RUNOFF CONTROL FACILITIES: AND SETTING FORTH PROCEDURES FOR THE ADMINISTRATION THEREOF. �I SECTION I. PURPOSE. It is the purpose of this ordinance to establish maximum rates for the discharge of storm waters into the various watercourses ri of the City for the purpose of promoting the health, safety and general welfare of ILLL... the popflation by minimizing or eliminating dangers of flooding to life and property. LIt is further the intent of this ordinance that runoff control devices be provided as areas of land are developed or redeveloped for urban use. It is not the intertt•of this ordinance to utilize areas for the sole purpose of storing or detainirr{ excess storm water, but to permit such areas to be used for other compatible urban uses as well. SECTION Ii. DEFINITIONS. A. Storm Water Runoff. Water that results from precipitation which is not absorbed by soil or plant material. B. Natural Drainage. Water which flows by gravity in channels formed by the surface topography of the earth prior to changes made by the efforts of man. C. Excess Storm Water. That portion of storm water runoff which exceeds the transportation capacity of storm sewers or natural drainage channels serving a specific watershed. D. Excess Storm Water Passage. A channel formed in the ground surface to carry storm water runoff through a specific area. u E. Storm Water Runoff Release Rate. The rate at which storm water runoff L' is released from dominant to servient land. F. Storm Water Storage Area. An area designated to temporarily accumulate excess storm water. G. Tributary Watershed. The entire catchment area that contributes storm twater runoff to a given point. H. Dry Bottom Storm Water Storage Area. A facility that is designed to be normally dry and which accumulates excess storm water only during periods when the restricted storm water runoff release rate is less than the storm water inflow rate. i I. Wet Bottom Storm Water Storage Area. A facility that contains a body of water and which accumulates excess storm water during periods when the restricted storm water runoff release rate is less than the storm water inflow rate. J. Control Structure. A facility constructed to regulate the volume cf! storm water runoff that is conveyed during a specific length of time. • Ordinance No. i 807 page 2 SL•CTION III, REGULATIONS The Department of Public Works of the City of Iowa City, Iowa, shall develop and establish written Policies, L criteria and regulations concerning the inspection, determinationandapproval Of the standards for the construction and/or development of storm water manage- ment structures. Such rules and regulations shall be adopted by resolution by the City Council. SECTION IV. ADMINISTRATION L A. Prior to the construction of any storm water control structure or storm water detention facility on the construction or development site, the developer shall obtain a building permit. No such permit shall be issued until the following documents have been submitted to the Director of Public Works and approved: EN 0 1. Plans and proposed methods for the prevention andicontrol of soil erosion. L 2. Plans, specifications and all calculations for the control of storm water runoff as required by this ordinance and any rules and regula- tions promulgated by the Director. ILa B. No building permits for habitable structures shall be issued for any development or redevelopment not complying with this ordinance. C. Any decision of the Director shall be pursuant to written specifica- tions and regulations as adopted by the City Council. SECTION V. ADMINISTRATIVE REVIEW Any person affected by any decision of the Director which has been given in connection with the enforcement of any Provision of this ordinance may request, and shall be granted, a hearing on the matter before the Housing Appeals Board, provided that such person shall file in the office of the Director a written petition requesting such hearing and setting forth a brief statement of the grounds therefore. Upon receipt of such petition, the Director shall set a time and place for such hearing and shall give the petitioner written notice ther(.,-)f. At such hearing, the petitioner shall be given r•, an opportunity to be heard and to show why such decision should be modified or 'ii� K. Positive Gravity Outlet A term used to describe the drainage of area in of an a manner that: will ensure complete removal of all surface water by means `i pLy' natural gravity, I.. that can Safe Storm Water Drainage Capacity. The quantity of storm water rwwff be bination transported within a channel, passage, conduit, tube, duct, or com- thereof iri such sufficiently a manner that the elevation of the water does not rise damage to above the level of the adjacent ground surface so hs to cause structures or facilities located thereon. M. water Low Flow. The transport or flow of a normal or usual volume of storm LN. as opposed to a high or peak volume which would utilize overflow facilities, City, The City of Iowa City, Johnson County, State of Iowa. g� 0. designate, Director of Public Works The Director Of Public Works or his/her SL•CTION III, REGULATIONS The Department of Public Works of the City of Iowa City, Iowa, shall develop and establish written Policies, L criteria and regulations concerning the inspection, determinationandapproval Of the standards for the construction and/or development of storm water manage- ment structures. Such rules and regulations shall be adopted by resolution by the City Council. SECTION IV. ADMINISTRATION L A. Prior to the construction of any storm water control structure or storm water detention facility on the construction or development site, the developer shall obtain a building permit. No such permit shall be issued until the following documents have been submitted to the Director of Public Works and approved: EN 0 1. Plans and proposed methods for the prevention andicontrol of soil erosion. L 2. Plans, specifications and all calculations for the control of storm water runoff as required by this ordinance and any rules and regula- tions promulgated by the Director. ILa B. No building permits for habitable structures shall be issued for any development or redevelopment not complying with this ordinance. C. Any decision of the Director shall be pursuant to written specifica- tions and regulations as adopted by the City Council. SECTION V. ADMINISTRATIVE REVIEW Any person affected by any decision of the Director which has been given in connection with the enforcement of any Provision of this ordinance may request, and shall be granted, a hearing on the matter before the Housing Appeals Board, provided that such person shall file in the office of the Director a written petition requesting such hearing and setting forth a brief statement of the grounds therefore. Upon receipt of such petition, the Director shall set a time and place for such hearing and shall give the petitioner written notice ther(.,-)f. At such hearing, the petitioner shall be given r•, an opportunity to be heard and to show why such decision should be modified or 'ii� 1 �6-za01 Page 3 withdrawn. The hearing shall be commenced not later than thirty (30) days after the date on which the petition was filed. Q1 After such hearing, the Housing Appeals Board shall sustain, modify or with- draw the decision of the Director, depending upon its findings. The proceedings 3 at such hearing, including the findings, and decision of the Housing Appeals Board, shall be summarized, reduced in writing and entered as a matter of public record in the office of the Director. Such record shall also include a copy of every notice or order issued in connection with the matter. No hearing shall be valid unless a majority of the Board is present and no decision at a hearing shall be valid and binding unless reached by a majority of the whole Board. Following the decision of the Housing Appeals Board, all parties shall be notified of the decision by delivery to them of a copy of such decision by personal service 1i or by certified mail, return receipt requested. Any Y person aggrieved by the deci- sion of the Housing Appeals Board may seek relief therefrom in any court of competent jurisdiction, as provided in the laws of this State. An appeal pursuant to this section shall not stay the effect of the Director's order unless so IL's ordered by the Housing Appeals Board. SECTION VI. APPLICATION. This ordinance shall apply to any residential development comprising a gross aggregate area of two (2) acres or more or to any commercial, industrial, institutional, governmental, utility or other development or redevelopment comprising a gross aggregate area of one (1) acre or more. The Il gross aggregate shall include streets and other dedicated lands. L L L I I I SECTION VII. EMERGENCY. Notwithstanding any other provisions of this ordinance, whenever in the judgment of the Director of Public Works a condition occurs in a storm water storage area that creates a dangerous and imminent health and safety hazard, the Director shall order such action as shall be effective immediately or in the time and manner prescribed in the order itself. SECTION VIII. GENERAL REOuIREMENTS A. Storm Water Release Rate. The controlled release rate of storm water runoff shall not exceed the existing safe storm water drainage capacity of the downstream system as determined by the Director. The release rate shall be the average value computed with excess storm water representing 50% of the available storage volume. Such release rate shall be computed as a direct ratio of the area of the tributary watershed and shall not exceed 0.15 cubic feet per second per acre drained. Where a proposed development contains only a portion of a watershed or Portions of several watersheds, the release rate and'storage requirements shall be based upon the proportion of the area being developed as compared to the entire watershed tributary to the proposed storage area. Where it can be demonstrated by the Developer that a higher storm water release rate will not be contrary to the purpose and intent of this ordinance and where such proposed release rate will not adversely affect properties in the down- stream portion of the watershed, the Director may permit such release rate to be used as deemed appropriate. Ordinance No. 76-?nn,7 �q Paqu 4 B. Exceas Storm Water Passage. C1. An excess storm water passage shall be provided for all storm water storage areas. Such passage shall have capacity to convey through the proposed development the excess storm water from the tributary water- shed. The capacity of such excess storm water passage shall be constructed in such a manner as to transport the peak rate of runoff from a 100 year return frequency storm assuming all storm sewers are inoperative, all upstream areas are fully developed in accordance with the City's current land use plan, and that antecedent rainfall has saturated the tributary watershed. 2. No buildings or structures shall be constructed within such L .passage, however, streets, parking lots, playgrounds, park areas, pedestrian walkways, utility easements and other open space uses shall be considered compatible uses. In the event such passageway is reshaped or its capacity to transport excess storm water otherwise restricted, the Director shall notify j the agency, party or parties causing said restriction to remove the same, and set a reasonable time for its removal. If said presons refuse to or are unable to comply with said order, the Director shall cause said restrictions Cremoved at the expense of said persons. 3. Where a proposed development contains existing natural drainage, `I appropriate land planning shall be undertaken to preserve said natural drainage as part of,the excess storm water passage. C. Determination of Storage Capacity. The volume of required storm water storage shall be calculated on the basis of the runoff from a 100 year return frequency storm. Such calculation shall be made in accordance with the hydro - graph method of analysis as discussed in "A Computerized Method for the Hydrologic Design of Culverts," I.H.R.B.P. HR -164 published by the Engineering Research Institute, Iowa State University, Ames, Iowa. Rossmiller and Dougal, February, 1974, or other method approved by the Director. The applicable storm water runoff release rate shall be considered when calculating the required storm water storage capacity. rl D. Compensating Storage. In the event the orderly and reasonable develop- ment of an area requires the storage of excess storm water to be located elsewhere, compensating storage (the storage of an equal volume of excess storm water) may ■, be provided at an alternative location provided, however, that the feasibility and details of storm water control shall be approved by the Director. L E. Easements. Easements which cover excess storm water passages, storm water storage areas and other control structures shall be granted to the City for the purpose of repair, alteration or to insure their.proper operation, however, the City shall reserve the right not to accept such easement or any portion [d thereof. SECTION IX. DRY BOTTOM STORM WATER STORAGE AREAS. A. Design Criteria. L 1. Primary and Secondary Uses. Dry bottom storm water storage areas shall be designed to serve a secondary purpose for recreation, open space,, parking lot, or similar type of use that will not be adversely affected by occasional intermittent flooding. Ordinance No. 76-"07 Page 5 {� 2. Drain S ntem. A synl.um of drains shalt be provided to transport: low flow storm water runoff throurfh nLorage areas. Such drainage systems r, shall have a positive gravity outlet to a natural passage or storm drain If1uu with adequate capacity as described in Section VIII, subsection B. Multiple outlets from a storm water storage area are to be avoided if the outlets are designed to be less than four (4) inches in diameter. 3. Storage Duration. The combination of storage of excess storm water C runoff from a 100 year return frequency storm and the allowable release rate shall not result in a storage duration in excess of forty-eight (48) hours. L4. Grades. Where turf areas are used for the bottom of dry bottom storage areas, the minimum grades for such areas shall be two (2) pArcent (5C units horizontal to 1 unit vertical). Maximum side slopes for turf shall be twenty-five (25) percent (4 units horizontal to 1 unit vertical). Storage area side slopes shall follow the natural land contours in order to i minimize the amount of earth work necessary to create the storage facility. 5. Erosion Control. Erosion control measures consisting of mulch, hydro -seeding, nurse crops, sod installation or other approved means shall j! be utilized to control soil movement within and around the storage basin. Energy dissipating devices or stilling basins shall be provided to r^ ensure that downstream soil erosion is alleviated and the regime of the down- stream drainage facility is not disturbed. 6. Control Structures. Control structures shall be designed as simple L as possible and shall not require manual adjustments for normal operation. Control structures shall be designed to maintain a relatively uniform flow independent of storm water storage volume. Inlet structures shall be constructed in such a manner to prevent high velocity flow; to provide for the interception of trash and debris and for soil erosion control. Inlets shall be designed to eliminate turbulent flow conditions during any portion Cof the storm water storage cycle. Overflows for each storm water storage area shall be provided in C the event a storm in excess of the design capacity occurs. Such overflows shall be constructed to function without specific attention and shall become part of the excess storm water passage. SECTION X. WET BOTTOM STORM WATER STORAGE AREAS. l A. Design Criteria. Wet bottom storm water storage areas shall be designed in accordance with the design criteria governing the construction of dry bottom storm water storage areas, except for drains as required by Section IX.A.2. t; The following additional regulations shall apply. 1. Construction. The water surface area shall not exceed 1/10 of the tributary watershed. Minimum normal water depth, shall be four (4) feet. If fish are to be used to keep the pond clean, at least 1/4 of the pond area shall have a minimum depth of ten (10) feet. - Page 6 i.3 Facilities shall be provided to lower the pond elevation by gravity flow for cleaning purposes and land/water interface maintenance. Protection of the land/water interface shall be provided to alleviate soil erosion due to wave action. 2. Control Structures. Control structures for storm water release shall operate at their maximum rate with only minor increases in the water surface level. 3. Stagnation_ Control. Measures shall be included in the design to ,l prevent pond stagnation. Such measures may include fountain aeration or other approved means to ensure aerobic pond conditions. 4. Determination of Stora a Capacity. When calculating the storage rapacity of wet bottom storage areas, only the volume available to store excess storm water shall be considered. Permanent water storage does not constitute control of excess storm water runoff. SECTION XI. MISCELLANEOUS STORM WATER STORAGE AREAS. A. Paved�ce9. Paved surfaces, including automobile parking lots in proposed storm water storage areas shall have minimum grades of one (1) percent it d shall ■i tdepthsnofsonerandntal to one-halfn(1(1/2)nfeetemaximum.anPavementbbasemdesignostorage anti construc- tion shall be accomplished in such a manner as to prevent damage from flooding. Control structures in paved areas shall be accessible for maintenance and clean- ing. The use of vortex control facilities at inlets to ensure that the maximum ri allowable release rates are being developed shall be required as necessary. L Where parking areas are used to store storm water, the areas of greatest L depth shall be restricted to the more remote, least used areas of the parking facility. B. Rooftop Surfaces Rooftop storage of excess storm water shall be designed with permanent -type control inlets and parapet walls to contain rrxcess storm water. Adequate structural roof design shall be provided to ensure that roof deflection r, does not occur which could cause roof failure. Overflow areas shall be provided 16' to ensure that the weight of stored storm water will never exceed the structural capacity of the roof. CC. Underground Storage Underground storm water storage facilities shall be designed for easy access to accommodate the removal of accumulated sediment. Such facilities shall be provided with positive gravity outlets. SECTION XII. CONTROL IN EXCESS OF REQUIREMENTS. .Provision of Control E ceeding Requirements. In the event storm water runoff control can be provided in excess of the requirements of this ordinance and the benefit of such additional control would accrue to the City of Iowa City at large, the City may provide public participation in the increased cost of the control of storm water runoff inro E!. received. p Portion to the additional benefits A LOrdinance No. 76-1a" 7 Page 7 I I M r L S[;CTION XIII. REPEALER. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. St:CTIDN %IV. SEVERAEfILITY CLAUSE. If any section, provision or part of the Ordinance shall be ajdudged to be invalid or unconstitutional, such adjudi- cation shall not affect the validity of the ordinance as a whole or any section, Provision or part thereof not adjudged invalid or unconstitutional. SECTION XV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication as required by law. It was moved by deProsse and seconded by Perret that the Ordinance be finally adopted, and upon roll call there were: ALES: NAYS: ABSENT: x Balmer x deProsse X_ Foster r Neuhauser x Perret x Selzer x Vevera Mayor ATS TEST: -City Clerk First Consideration 8/24/76 Vote for passage: Neuhauser, Vevera, deProsse, Foster: Aye. Selzer, Balmer: Nay. Perret: Absent. Second Consideration Vote for passage: Foster, Neuhauser, Perret, Vevera, deProsse: Aye �. Selzer, Balmer: Nay. None absent Date of Publication Sepl11ewi,oer 30,1971. Passed and approved this 7th day of September , 1976. 9 I I ORDINANCE NO. 76-2816 [j AN ORDINANCE AMENDING ORDINANCE NO. 76-2807 WHICH REGULATES THE �j RATE OF DISCHARGE OF STORK WATER RUNOFF BY ENACTING A NEW EFFEC- TIVE DATE OF SAID ORDINANCE AND REPEALING SECTION XV OF ORDINANCE NO. 76-2807. SECTION I. PURPOSE. The purpose of this ordinance is to amend Ordinance No. 76-2807 which regulates the rate of discharge of stone water runoff by enacting f a new effective date for said regulations. LJ SECTION II. AMENDMENT. Section XV shall now state as follows: CThis Ordinance shall becare effective on the 6th day of November, 1976. SECTION III. REPEALER. Section XV of Ordinance No. 76-2807 is hereby repealed ly and all ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. 1� SECTION IV. EFFECME DATE. This Ordinance shall be in effect after its F final passage, approval and publication as required by law. r� It was moved by Balmer and seconded by deProsse j I A A that the Ordinance be finally adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x deProsse x Foster x Neuhauser x Perret x Selzer x Vevera City Cler First Consideration Second Consideration Date of Publication II .I '.1.: .. ! It was moved by Balmer and seconded by deProsse that the rule requiring the Ordinance to be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the first and second consideration and vote be waived, and that the Ordi- nance be voted upon for final passage at this time. Roll call: deProsse, Foster, Neuhauser, Perret, Selzer, Vevera, Balmer: Aye Nays: none. Nbtion adopted, 7/0. Passed and approved this 2nd day of November BY L 19 76 . dy.s8 RESOLUTION NO. 75-120\,. RESOLUTION ADOPTING STANDARDS FOR PUBLIC WORKS IMPROVEMENT PROJECTS IN IOWA CITY, IOWA. WHEREAS, the City of Iowa City, Iowa, pursuant to the laws of the State of Iowa has the power to make or contract for public improvements for the general welfare of the citizens of Iowa City, Iowa, and WHEREAS, the City Council upon the recommendation of the City Engineer deems it in the interest of the health, safety, and welfare of the citizens of the City of Iowa City, Iowa, to establish standards for Public Works improvements, and WHEREAS, the Department of Public Works has devised standards for planning, designing and constructing Public Works improvements in Iowa City, Iowa. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. that the Proposed Design Standards for Public Works ImpYovements in Iowa City, Iowa, be adopted as the standard for all designing, planning and construction of any and all Public Works improvements in Iowa City, Iowa. 2. that copies of said standards be kept on file with the City Clerk. It was moved by Brandt and seconded by Davidsen that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Brandt X Czarnecki X Davidsen X deProsse X Neuhauser i � ! • MAYOR ATTEST;. 'C1Ct'�_/e; ' / CITY CLERK`' _ Passed and approved this 6th day of blay , 1975. a 3,4 PROPOSED DESIGN STANDARDS FOR PUBLIC WORKS IMPROVEMENTS IN IOWA CITY, IOWA CITY OF IOWA CITY, IOWA DEPARTMENT OF PUBLIC WORKS r _ L i a. �,a.«.,. ��,' ..•AGI l4 L L Um _. L' r4H • f' Revised April, 1975 TO: FROM: RE: ® d� CITY OF IOWA CITY ` DEPARTMENT OF PUBLIC WORKS MEMORANDUM DATE Neal Berlin, City Manager and City Council Members Dick Piastino, Director of Public Works Design Standards C,�f 1. //7k. April 2, 1975 Attached is a final draft of the proposed Design Standards for Iowa City, Iowa. Council had various questions regarding cul-de-sacs. Inspection of present ordinances reveals that the following definitions occur in Chapter 9.50 of the City Code. LOCAL STREET - A street which provides for direct access to abutting property and for the movement of local traffic. CUL-DE-SAC - A local street closed at one end with a turn- around --a radial, circular or loop drive at the termination end of a cul-de-sac permitting a vehicle to reverse its direction while continuing its forward movement. Section 9.50.5 of the Code further states that'local streets shall be paved 28 feet and cul-de-sacs shall be paved with a 28 feet wide paving at the outer edge of which shall be 1S feet inside the circumference of the right-of-way and the inner edge of which shall be 43 feet from the circumference of the right-of-way. Cul- de-sacs shall not exceed 900 feet in length. A cul-de-sac shall be measured from the centerline of the street from which it commences to the center of the turn -around." The Code seems to make it clear that a cul-de-sac is a local street with a loop on the end; therefore in the Design Standards the reference to pavement width simply says local streets shall be 28 feet wide. In addition, we have a drawing on the next to the last page of this document which shows a picture of a cul-de-sac. We believe this makes the intent of both the City Code and the Design Standards clear. Ali reference to parking prohibition has been deleted. -It is Public Works' belief that the purpose of the Design Standards is to provide a working document for contractors, subdevelopers and engineers involved with the physical facilities of the City. A parking prohibition does not fit into this category and we strongly feel that parking prohibition references should be handled in the Zoning Ordinance and not in a document designed totally and specifically toward physical design parameters. Design®andards -2- (ri April 2, 1975 The Planning and Zoning Commission has reviewed the attached document and consensus has been reached that the document is adequate as shown. We are hopeful that Council will accept this document so that it may become an established working guide for developers, contractors, engineers and architects working in Iowa City. 0 L L C L L E Department of Public Works To: Developers, Contractors, Engineers, and Architects working in Iowa City Here for your easy reference, is a brochure setting forth the design standards for Public Works improvements as they apply here in Iowa City. We feel that attention to these standards will result in less confusion and uncertainty on your part while planning, designing and constructing these facilities, as well as reducing the operating and maintenance problems which the City of Iowa City encounters once the facility is built and in use. This booklet contains standards for streets and alleys, L' sidewalks, water distribution systems, sanitary and storm sewers, traffic signals and street lighting. It should be L E L L L R U pointed out.that these standards are by no means all inclusive. For more detailed information please contact the Engineering Division of the Department of Public Works which is responsible for the implementation of these design criteria. Thank you for your cooperation. in Iowa City. RES:db We hope you enjoy working Respectfully yours, George R. Bonnett, P.E. City Engineer 0a TABLE OF CONTENTS I. STREETS -------------------------------------- I -1--I-5 II. ALLEYS---------------------------------------II-1--IT-2 III. SIDEWALKS------------------------------------ III-1 IV. DRIVEWAYS ------------------------------------ IV -1 V. WATER DISTRIBUTION SYSTEMS ------------------- V -1--V-2 VI. SANITARY SEWERS ------------------------------ VI-1--VI-4 VII. STORM SEWERS --------------------------------- VII-I--VII-3 VIII. TRAFFIC CONTROL ------------------------------ VIII -1-- VIII -Il IX. ROADWAY LIGHTING ----------------------------- IX -1-- IX -2 Figure 1 - Typical Street Cross -Section Figure 2 - Typical 30" Curb & Gutter Figure 3 - Typical Curb Cross -Section Figure 4 - Typical Alley Cross -Section Figure 5 -' Driveway'Diagram Figure 6 - Typical Manhole 6' or less in Depth Figure 7 - Typical Manhole 6' or more in Depth Figure 8 - Sanitary Drop Connection Figure 9 - Sanitary Riser Figure 10 - Pipe Bedding Figure 11 - Alley Catch Basin Figure 12 - RA -3 Curb Intake Figure 13 - RA -4 Curb Intake Figure 14 - RA -5 Curb Intake Figure 15 - RA -6 Curb Intake Figure 16 - RA -7 Throat Extension Figure 17 - RA -8 Curb Intake Figure 18 - Typical Traffic Signal Location Figure 19 - Cul-de Sac Street Figure 20 - Typical Drop Curb for Sidewalks Ilk sEcrloN I STREETS 1-1.0 Street Classification 1.1 All streets shall be classified according to their functional use which are defined as follows: Major Arterial - This type of street is a continuous route providing for the expeditious movement of large volumes of through traffic across the city and between high traffic L generation points, and on which geometric design and traffic control measures are used to facilitate the safe movement of through traffic. Minor Arterial - Provides for through traffic movement between areas and across the city, and direct access to abutting property; ., subject to the necessary control of entrances, exits, and curb use so as to increase the capacity and improve the safety characteristics of the street. (! Collector - This type of street system provides for the movement Si of traffic between arterial routes and local streets, as well as providing direct access to abutting property; 1' moderate amounts of low speed traffic, including some bus , traffic, can be carried on these streets. M, U L L L ;¢k L Local Residential - This type of street serves only as a means of access to abutting residential property and is planned to be a low speed, low traffic and short trip route, Local Commercial - A street or road providing access to businesses or commercial property, Industrial - A street or road providing access to manufacturing plants or industrial facilities. T-2.0 Traffic Lane Widths 2.1 The minimum desirable traffic lane width except for local residential shall be 11 feet. 2,2 For major arterial streets and industrial streets the lane width shall be 12 feet. This is due to the heavy volume of truck traffic - expected on these streets. 2.3 It should be kept in mind that in the design of local streets the number of lanes for moving traffic will be a secondary con- sideration. 2.4 Local streets shall be designated for a minimum of 28 foot wide pavement back to back of curb. I-1 1-5.0 Right -of -Way Width 5.1 The right-of-way will be 80 feet in width for arterial streets, 66 feet for collector and industrial streets and 50 feet for local streets. This width does not provide for medians or boulevards that might be constructed within the right-of-way. 5.2 If medians or boulevards are to be constructed then additional right-of-way may be required depending upon the design and width of the median. I-6.0 Shoulders I' 6.1 Where no curb and gutter is constructed there shall be a 10 foot gravel or rock shoulder. L L L L I-7.0 Medians 7.1 Generally speaking, medians will be found only in arterial streets. The width may vary anywhere from a minimum of 16 feet to a maximum width of 30 feet. At intersections, medians may be used to pro- vide for separate left turn storage lanes. 7.2 Medians or boulevards constructed as part of local streets shall conform to the same design standards as set forth for arterial streets. I-8.0 Street Grades 8.1 The maximum street grade for arterial and industrial streets shall be 8%, for collector streets 10% and local streets 12%. I-2 ® 1-3.0 Separate Turn Lanes r' 3.1 Separate turning lanes may be included on arterial streets but will, as a rule, not be found on other streets. Where separate turning lanes are required on the basis of a capacity analysis of the inter- section, then a width of 12 foot will be used for major arterial streets where substantial truck traffic is involved, and 11 feet in width for minor arterial streets. 1-4.0 Parking Lane Width ja 4.1 Parking lanes will not be provided on arterial streets. 4.2 Where provided for on local residential and collector streets, the parking lane shall be 8 feet in width. 4.3 Where provided for within the commercial business district, paraUeZ parking Zanes shaU be 10'feet in width and angZe parking Zanes shaZZ L be 9 feet in width. 1-5.0 Right -of -Way Width 5.1 The right-of-way will be 80 feet in width for arterial streets, 66 feet for collector and industrial streets and 50 feet for local streets. This width does not provide for medians or boulevards that might be constructed within the right-of-way. 5.2 If medians or boulevards are to be constructed then additional right-of-way may be required depending upon the design and width of the median. I-6.0 Shoulders I' 6.1 Where no curb and gutter is constructed there shall be a 10 foot gravel or rock shoulder. L L L L I-7.0 Medians 7.1 Generally speaking, medians will be found only in arterial streets. The width may vary anywhere from a minimum of 16 feet to a maximum width of 30 feet. At intersections, medians may be used to pro- vide for separate left turn storage lanes. 7.2 Medians or boulevards constructed as part of local streets shall conform to the same design standards as set forth for arterial streets. I-8.0 Street Grades 8.1 The maximum street grade for arterial and industrial streets shall be 8%, for collector streets 10% and local streets 12%. I-2 h Oiih 1 8.2 The minimum grade for gutter drainage will he 0.5%. LI-9.0 Pavement Cross Section 9.1 The pavement cross section for all pavements will be a 2% parabolic crown. The cross section is as shown in Figure I. This cross slope is equivalent to 1/4 inch per foot. L 1-10.0 Design Speed L 10.1 A design speed will be used in establishing the geometric features for arterial streets only, For arterial streets the design speed will be assumed to be 35 miles per hour. This highway design speed shall be used to establish features such as the supereleva- tion rate, critical length of grade, intersections, curbs, etc. LS I-11,0 Curb and Glitter Section 11.1 A curb and gutter cross section shall consist of a 6 inch L� vertical curb with a 30 inch concrete gutter which includes the L� curb. The design shall be as shown in Figure 2. 11.2 Where the street paving is integral Portland Cement concrete then there shall be no separation between the curb and gutter section and the paving. The design shall be as shown in Figure 3. 11.3 On cul -de -secs and loop streets located in local residential areas a 6 inch roll -type curb will be permitted as shown in Figure 3. I-12.0 Pavement Material and Thickness L12.1 The pavement slab may be constructed of the following materials: 12.1.1 Non -reinforced Portland Cement concrete conforming to the Iowa State Highway Commission C-3 mix or M-3 mix as applicable. 12.1.2 Full depth Asphaltic Concrete hot mix conforming to the 1s Iowa State Highway Commission standards for Type "B" base and 1 3/4" minimwn thickness Type "A" surface course. All asphaltic concrete streets shall have Portland Cement concrete curb and gutter. Deleted referenoe to rolled atone base 12,2 The required pavement thickness in inches is as outlined in the L following table: E L 2 J L L 0 I L J Ni E L Portland Cement Pull Depth Deleted Rolled Concrete Asph. Concrete Stone Base AZternativ, Major Arterial 10" 12"" Minor Arterial 9 11 Industrial B 10 "Thickness requirements Collector R 91F for arterials are intended as a guide only. Specific Residential 7 8_� projects will be designed on the basis of soil con- ditions and projected 1-13.0 Cross Slope (Sidewalk to Curb) traffic loading. 13.1 The area between the sidewalk and curb will normally be grass and will slope at the rate of 1/3 inch per foot from the sidewalk towards the curb. This will provide for the drainage of land within the street right-of-way to the gutter. 13.2 As a rule a minimum space, primarily for storage of snow, will be 4 feet between the sidewalk and curb. However, on arterial streets it may be necessary to reduce this figure. I-14.0 Corner Radius 14.1 The corner radius at intersections will depend on the functional classification of the intersecting streets. The following criteria shall apply: Arterial - Arterial 30.0 feet Arterial - Collector 25.0 feet Arterial - Local 17.5 feet Arterial - Industrial 25.0 feet Collector - Collector 25.0 feet Collector - Local 17.5 feet Local - Local 17.5 feet I-15.0 Street Capacity 15.1 The design hour volume of traffic (DHV), used in the design of arterial streets will be the 30th highest hourly volume. As a rule, the design hour volume will be considered to be approximately 10 to 12% of the average daily traffic for a 24-hour period. I-4 h Oft I-19.0 Subgrade Requirements 19.1 The subgrade shall be scarified to a depth of 6 inches below the L pavement, and compacted to 90% of Modified Proctor Density for Portland Cement concrete pavement and to 95% of Modified Proctor Density for AsphaZtic Cement concrete pavement. I9.2 The subgrade in fill shaZZ be 90% of Modified Proctor Density L except for the top B inches which shaZZ meet the requirementa for the appropriate surface materia Z. L L I-5 I-16.0 Side Clearance 16.1 15.2 Design criteria for arterial streets shall be in accordance with shall be placed closer than 2 feet to the back edge of the curb. the Highway Capacity Manual published in 1965 by the Highway Research Board and shall be equivalent to "Level of Service - C" I-19.0 Subgrade Requirements 19.1 The subgrade shall be scarified to a depth of 6 inches below the L pavement, and compacted to 90% of Modified Proctor Density for Portland Cement concrete pavement and to 95% of Modified Proctor Density for AsphaZtic Cement concrete pavement. I9.2 The subgrade in fill shaZZ be 90% of Modified Proctor Density L except for the top B inches which shaZZ meet the requirementa for the appropriate surface materia Z. L L I-5 I-16.0 Side Clearance 16.1 No obstructions of any type, including traffic control devices, shall be placed closer than 2 feet to the back edge of the curb. I-17.0 Open Ditches L17.1 Where a curb and gutter section is not required and open ditches are provided for drainage, the minimum ditch grade shall be 1.0% and the maximum grade shall be 3.0%. In addition, it will be necessary to place a concrete pipe through all drive approaches constructed through the drainage ditch. The size pipe required will be a function of the area to be drained. t L 17.2 The cross slope shall he a desirable 4 to 1 slope with a maximum permitted slope of 2 to 1. 1-18.0 Acceleration - Deceleration Lanes r 18.1 As a general rule, speed change lanes such as acceleration and deceleration lanes will not be added to pavements except where industrial streets intersect with major arterial streets and heavy truck traffic warrants the construction of such lanes. I-19.0 Subgrade Requirements 19.1 The subgrade shall be scarified to a depth of 6 inches below the L pavement, and compacted to 90% of Modified Proctor Density for Portland Cement concrete pavement and to 95% of Modified Proctor Density for AsphaZtic Cement concrete pavement. I9.2 The subgrade in fill shaZZ be 90% of Modified Proctor Density L except for the top B inches which shaZZ meet the requirementa for the appropriate surface materia Z. L L I-5 SECTION I1 r, ALLEYS II -1.0 Alley Classification 1.1 Residential Alley - A routo located between local roads used primarily for access to the rear of residential property. 1.2 Commercial Alley - A route located between commercial streets used primarily for access to the rear of commercial property. 1I-2.0 Pavement Width 2.1 Residential alleys shall have a pavement width of 16 feet. 2.2 Commercial alleys shall have a pavement width of 20 feet. L II -3.0 Right -of -Way Width s 3.1 The right-of-way shall be 20 feet for all alleys. 1- 11-4.0 Alley Grades C - 4.1 The maximum grade for alleys shall be 14% for residential and �a 10% for commercial or industrial alleys. The minimum grade shall be 0.5% for all types of alley. II -5.0 Pavement Cross -Section 5.1 The pavement shall have a 4% inverted crown cross-section. This Cwill be as shown in Figure 4. IT -6.0 Pavement Material and Thickness 6.1 The pavement slab may be constructed of the following materials: L6.1,1 Non -reinforced Portland Cement concrete conforming to the Iowa State Highway Commission C-3 mix or M-3 mix as applicable. 6.1.2 Full depth Asphaltic Concrete hot mix conforming to'. t6 Iowa State Highway Commission standards for Type "B" �j base and 1 314" minimwn thickness Type "A" surface oouree. Deleted reference to Rolled Stone Base Alternative L O 6.2 -The required pavement thickness in inches is as outlined below: Portland Cement Pull Depth Deleted Reference to Rolled Concrete Asph. Concrete Stone Base Alternative 6;; 711 6.3 There will be no curb and gutter sections built as part of alleys. TT -7.0 Subgrade Requirements 7.1 The subgrade shall be scarified to a depth of 6 inches below the pavement, and compacted to 90% of Modified Proctor Density for Portland Cement concrete pavement and to 95% of Modified Proctor Density for Asphaltic Cement concrete pavement. 7.2 The subgrade in fill shall be 90% of Modified Proctor Density except for the top 6 inches which shall meet the requirements for the appropriate surface material. II -2 0 SECTION lII LSIDEWALKS 111-3.0 Material and 'Thickness L' III -1.0 Width Sidewalks shall he constricted of four inch thick non -reinforced Portland Cement concrete conforming to the Iowa State Highway 1.1 Sidewalks shall be a minimum of 4 feet in width except in the ILr" u Central Business District or in other areas specifically approved by the City whore the width may be Sidewalks crossing driveways shall be constructed of 6 inch -greater. non -reinforced Portland Cement concrete conforming to the Iowa 1.2 Sidewalks shall be located 1 foot from the property line. State Highway Commission C-3 mix. III -2.0 Cross Slope III -4.0 Curb Ramps 2.1 All sidewalks shall slope to the street at a rate of 1/4 inch All sidewalks shall provide a curb ramp for accommodation of the per foot. handicapped at all intersections. 2.2 Sidewalks shall be required on both sides of all streets except Curb ramps shall be located in line with the public sidewalk as Lshown industrial streets. in Figure 20. 2.3 The street edge of the sidewalk surface shall be located above Curb ramps shall be at least 48 inches wide and should be sloped the curb 1/3 inch for every foot horizontally from the curb. 111-3.0 Material and 'Thickness L' 3.1 Sidewalks shall he constricted of four inch thick non -reinforced Portland Cement concrete conforming to the Iowa State Highway Commission C-3 mix. u 3.2 Sidewalks crossing driveways shall be constructed of 6 inch non -reinforced Portland Cement concrete conforming to the Iowa State Highway Commission C-3 mix. III -4.0 Curb Ramps 4.1 All sidewalks shall provide a curb ramp for accommodation of the handicapped at all intersections. p� 4.2 Curb ramps shall be located in line with the public sidewalk as Lshown in Figure 20. 4.3 Curb ramps shall be at least 48 inches wide and should be sloped at not greater than one inch of rise per twelve inches lineal_ distance. A slope no greater than one inch of rise per eight inches lineal distance may be used where necessary. 4.4 Ramps shall be sloped from the sidewalk intersection to the curb as shown in Figure 20. L III -1 1V-3.0 Driveway Location 3.1 No portion of a driveway except the curb return shall be constructed within 20 feet of a corner and in no case closer than ii 3 feet to the property line as extended. See Figure 5 for typical driveway locations. L' 3.2 Where more than one driveway approach on a street front serves a single parcel of land, there shall be at least 20 feet of space between driveways. IV -1 SECTION IV L' DRIVEWAYS TV -1.0 Driveway Material and Thickness 1.1 The driveway slob extending from the street to private property shall be constructed of non -reinforced Portland Cement concrete C conforming to the Iowa State Highway Commission C-3 or M-3 mix 6 inches in thickness. 1.2 All driveways shall have one inch preformed expansion at front and back of aidows1k. E IV-2.0 Driveway Width 2.1 Maximum curb opening along any street shall be 42 feet. L 2.2 Except as noted in 2.3 below, the maximum driveway width shall not exceed 24 feet as measured along the street side of the sidewalk line. 2.3 0n streets marked as permanent state or federal highway roads, a driveway may he constructed with a maximum width of 36 feet as measured along the street side of the sidewalk line. 1V-3.0 Driveway Location 3.1 No portion of a driveway except the curb return shall be constructed within 20 feet of a corner and in no case closer than ii 3 feet to the property line as extended. See Figure 5 for typical driveway locations. L' 3.2 Where more than one driveway approach on a street front serves a single parcel of land, there shall be at least 20 feet of space between driveways. IV -1 1 SECTTON V r' WATER I)TSTRIBUTION SYSTEM V-1.0 Pipe Standards 1,1 All mains shall be a minimum of 6 inches in diameter, A larger size may be required depending upon water demand and fire flows. L1.2 All water mains shall be constructed of Class 22 pipe or if greater than 12 inches in diameter, Class 23 cast iron pipe. +� The use of ductile pipe will be permitted in certain instances L and required where there is a possibility of settlement of the pipe such as where a water main may cross over an old sewer trench or where a main may be located under some type of structure. 1.3 Either mechanical joint or push -on joints will be permitted. LV-2,0 System Design 2.1 A cast iron pipe coefficient of C o 100 in the flazen-Williams 6 formula shall be used for original design. M 2.2 All mains shall be looped except for short runs to serve cul-de- sacs where the distance is less than 1,000 feet. 2.3 Theist blocks shall be designed and used whenever there is a I+ change in direction (either horizontal or vertical), change of diameter, or at dead ends. The thrust block shall be concrete with the concrete formed between the fitting and the undisturbed trench wall. 2,4 Valves shall be installed as follows: 3 at each cross connection, L' 2 at each tee connection, and one on each hydrant branch. The frequency of valve installation shall be such that in the event of a main break, not more than 800 feet of main in residential areas or 400 feet of main in commercial areas will be shut off Lto isolate the leak. 2.5 Fire hydrant spacing will be on an average distance of 800 feet which will generally mean .ono hydrant for every two blocks in C residential areas and one hydrant per block in commercial and. industrial areas. l� q+ 2.6 Water mains will not be laid under a building, 2.7 Water mains may be laid in pedestrian malls or in alleys. 2.8 No mains shall pass through or come into contact with any part of a sewer manhole, L Eli V-1 h 06 E:k+ V-2 V-3.0 Fire Flows in Commercial and industrial Districts C 3.1 The distribution system shall be designed so that the minimum pressure at any junction during, maximum fire flow will be 20 psi. 3.2 High service pumping will be available during the fire demand with an effective pressure of 105 psi at the Water Treatment Plant. C V-4.0 Installation of Mains 4.1 Water mains shall have a minimum cover of 5 feet measured from the top of the pipe to the ground to prevent freezing. 4.2 Under normal conditions water mains shall be laid at least 10 feet horizontally from any sanitary sewer, storm sewer or sewer manhole. The distance shall be measured edge -to -edge of pipe. 4.3 Under unusual conditions a water main may be laid closer to a storm or sanitary sewer provided that: a) The bottom of the water main is at least 18 inches above the top of the sewer; or b) where this vertical separation cannot be obtained, the sewer shall be constructed of materials and with joints that are equivalent to water main standards of construction and shall be pressure tested to assure watertightness prior to backfilling. 4.4 Under normal conditions water mains crossing storm, sanitary or house'sewers shall be laid to provide a separation of at C least 18 inches between the bottom of the water main and the top of the sewer. 4.5 Under unusual conditions where 18 inches vertical separation as L described in the above section cannot be maintained, the following construction shall be used: a) Sewers passing over or under water mains should be constructed L of materials described in Item V-1.2. b) Water mains passing under sewers shall, in addition, be protected by providing: 1) a vertical separation of at least 18 inches between the bottom of the sewer and the top of the water main; or 2) adequate structural support for the sewers to prevent excessive deflection of joints and settling on and breaking the water mains; or E:k+ V-2 Oii (I -Oh 3) that the length of the water pipe be centered at the point of crossing so that the joints will be equidistant and as far as possible from the sewer. V-5.0 Proper Backfilling 5.1 Where the water line crosses an existing or proposed sidewalk or street, the trench shall be backfilled with a suitable material compacted to 90% of Modified Proctor Density. V-3 a LVI -2.0 Design Flows 2.1 All sewers shall have a slope that will give a mean velocity, 1, when flowing full, of not less than 2.0 feet per second based on Kutters formula using an "N" value of 0.013. 2,2 Sewage flows will be based on peak rates with the pipe flowing full which will be taken as approximately 2.5 times the normal PP Y flow. Infiltration will be allowed for by the addition of 100 gallons per capita per day. 2,3 The peak wet weather flows for various usage are as follows: a) Dwellings 1) Single Family ., (100 gal/cap day) x 2.5(peak factor)+ 100 gal/cap day (infiltration) 0 350 gpcp 2) Mobile Homes (50 gal/cap day) x 2.5 (peak factor)+ 100 gal/cap day (infiltration) ■ 225 gpcp 3) Milti Family (75 gal/cap day) x 2.5(peak factor)+ 100 gal/cap day (infiltration) - 287 gpcp 4) Motels and Hotels ' (50 gal/cap day) x 2.5(peak factor)+ 100 gal/cap day (infiltration) ■ 225 gpcp 1 b) Schools L1) Without , cafeteria or showers (10 gal/cap day) x 2.5 (peak factor)+ 100 gal/cap day (infiltration) ■ 125 gpcp ' VT -1 SECTION VI CSANITARY SEWERS VI -1,0 Type of Flows Permitted 1.1 All sewage flown shall be based on the future projected land use for the area under consideration, 1.2 Sanitary sewers and storm sewers shall be kept separate. No combined sewers shall be constructed. L1,3 Nothing shall be permitted in the sanitary sewers except sewage. This means that footing drains, downspouts, swap pzasps, etc. wiZZ not be aZZowed to discharge into the sewer system. Air conditioning condensation water is aZZowed in the sanitary sewer. LVI -2.0 Design Flows 2.1 All sewers shall have a slope that will give a mean velocity, 1, when flowing full, of not less than 2.0 feet per second based on Kutters formula using an "N" value of 0.013. 2,2 Sewage flows will be based on peak rates with the pipe flowing full which will be taken as approximately 2.5 times the normal PP Y flow. Infiltration will be allowed for by the addition of 100 gallons per capita per day. 2,3 The peak wet weather flows for various usage are as follows: a) Dwellings 1) Single Family ., (100 gal/cap day) x 2.5(peak factor)+ 100 gal/cap day (infiltration) 0 350 gpcp 2) Mobile Homes (50 gal/cap day) x 2.5 (peak factor)+ 100 gal/cap day (infiltration) ■ 225 gpcp 3) Milti Family (75 gal/cap day) x 2.5(peak factor)+ 100 gal/cap day (infiltration) - 287 gpcp 4) Motels and Hotels ' (50 gal/cap day) x 2.5(peak factor)+ 100 gal/cap day (infiltration) ■ 225 gpcp 1 b) Schools L1) Without , cafeteria or showers (10 gal/cap day) x 2.5 (peak factor)+ 100 gal/cap day (infiltration) ■ 125 gpcp ' VT -1 2) With , cafeteria and showers (20 gal/cap day) x 2.5(peak factor)+ 100 gal/cap day (infiltration) C 150 gpcp c) Office Buildings (10 gal/cup day) x 2.5(peak factor)+ 100 gal/cap day (infiltration) 0 125 gpcp d) Light Industrial (14,000 gal/acre day) x 2.5(peak factor)+ 1200 gal/acre day (infiltration) a 36,200 gpcp gpcpd o gallons per capita per day gpapd - gallons per acre per day 2.4 Where velocities greater than 15 feet per second are attained special provision shall be made to protect against displacement, erosion or shock. G' 2.5 When a smaller sewer joins a larger one, the invert of the larger sewer shall be lowered sufficiently to maintain the same energy gradient. An approximate method for securing these results is to f' place the 0.8 depth point of both sewers at the same elevation. VI -3.0 Pipe Standards 3.1 Extra strength vitrified clay pipe shall be used for sanitary sewers 15 inches in diameter or less. Reinforced concrete pipe shall be used for sewers larger than 15 inches. Special conditions may require the use of reinforced concrete pipe for diameters smaller than 15 inches or the use of cast iron pipe. Pipe will be of sufficient strength to support the superimposed loads. 3.2 All sanitary sewers shall be a minimum of 8 inches in diameter. 3.3 1n general, sanitary sewers shall be sufficiently deep so as to receive sewage by gravity from basements as well as to prevent freezing. ., @fa° 3.4 Sanitary sewer joints shall be designed to minimize infiltration and to prevent the entrance of roots. Allowable infiltration L' shall not exceed 500 gallons per inch diameter per mile per day. 3.5. A 4 -inch diameter service wye of a material equal in quality to the main sewer shall be installed wherever a residential service M y connection is anticipated. House services connected with tees are not acceptable. VI -4.0 Manhole Standards j° (, 4.1 Manholes shall be'installed as follows: a) at the end of each line; VI -2 �7 O b) at all changes in grade, size, or alignment; Cc) at all intersections; and d) at distances not greater than 400 feet for sewers 15 inches or less in diameter and 600 feet for sewers 18 inches to 30 inches. Greater spacing may be permitted in larger sewers and in those carrying a settled effluent. J L L j I L L L L 4.2 A drop pipe shall be provided for a sewer entering a manhole at an elevation of 24 inches or more above the manhole invert. Where the difference in elevation between the incoming sewer and the manhole invert is loss than 24 inches the invert shall be filleted to prevent solids deposition. 4.3 The minimum diameter of manholes shall be 48 inches. The minimum diameter of the opening at the top of the manhole shall be 23 inches. 4.4 The flow channel through sanitary sewer manholes shall be made to conform in shape and slope to that of the sewers. 4.S Standard manholes, drop connection and riser are shown in Figures 6, 7, 8 and 9. VI -5.0 Protection of Water Supplies 5,1 There shall be no physical connection between a public or private potable water supply system and a sewer appurtenance which would permit the passage of any sewage or polluted water into the potable supply. 5.2 Whenever possible, sewers should be laid at least 10 feet,' horizontally, from any existing or proposed water main, Should local conditions prevent a lateral separation of 10 feet, a sewer may be laid closer than 10 feet to a water main if; a) it is laid in a separate trench; b) it is laid in the same trench with the water mains located at one side on a bench of undisturbed earth; or c) in either case the elevation of the crown of the sewer is at least 18 inches below the invert of the water main. S.3 5.3 Whenever sewers must cross under water mains, the sewer shall -be laid at such an elevation that the top of the sewer is at least 18 inches below the bottom of the water main. 5.4 When the elevation of the sewer cannot be buried to meet the above requirements, the water main shall he relocated to provide this separation or reconstructed with slip-on or mechanical -joint cast iron pipe, for a distance of 10 feet on each side of the sewer, One full length of water main should be centered over the sewer so that both joints will be as far from the sewer as possible. VI -3 E VI -6.0 Proper Backfilling 6.1 Where the sewer crosses an existing or proposed sidewalk or street, the sewer trench shall he backfilled with a suitable material compacted to 90% modified Proctor Density. 6.2 Normally the pipe shall be Class "C" bedded with hand tamping around the lower half of the pipe. If severe sub -grade conditions are encountered the Engineer shall direct Type "B" bedding to be used. Class "C" and Class "B" bedding is as shown in Figure 10. VI -4 N 0M I L I A SECTION VII STORM SEWERS VII -1.0 Design Flows 1.1 Storm water flows shall be based on the "Rational Formula", Q - CIA where C is the coefficient of runoff, I is the rain intensity in inches per hour, and A is the area in acres. 1.2 Depending upon the area through which the storm sewer will be �7 constructed the sewer will he designed for a 5 year storm. In high risk areas the storm sewer may be designed for a 10 year storm. ET 1.3 All sewers shall have a slope that will give a mean velocity, when flowing full, of not less than 2.0 feet per second based L on Kutters formula using an "N" value of 0,013. 1+ 1.4 Where velocities greater than 15 feet per second are attained special provision shall be made to protect against displacement, [7 erosion or shock. VTI -2.0 Inlet and Pipe Design Standards tl 2.1 Inlets and pipes shall be located and sized so that the following i conditions are met: a) For a 5 year storm: 1) Streets, except for arterials, shall have one 12 - foot traffic lane free of storm water flowing or ponded in the gutter. Arterial streets shall have " two traffic lanes free of storm water. 2. ApproximateZy 80% of alt storm mater from a street above an intersection shaZZ be intercepted. 1�•" 3) Accesses to the buildings along pedestrian malls shall be free of storm water. 4) Storm water from a pedestrian mall shall not flow across the sidewalks at either end of the mall. b) The final design shall be checked to ensure that in..a.50 year storm the depth of water in any street, alley, or pedestrian mall will not exceed the level at which it F would flow over the curb or edge of slab of that street, alley or pedestrian mall. �+ 2.2 Curb type inlets shall be used in streets. Grate type inlets shall . be used in alleys and pedestrian malls, The types of inlets to be used are shown in Figures 11, 12, 13, 14, 150 16 and 17. «� VII -1 L E L L L :i: L E L L L 4 L VTI -3.0 Pipe Standards 3.1 Storm sewer pipe will he reinforced concrete pipe unless special conditions require the use of cast iron pipe. The pipe will be a minimum of 2,000 0 strength to support superimposed loads. 3.2 All storm sewer pipe shall be a minimum of 12 inches in diameter. V1I-4.0 Manhole Standards 4.1 Manholes shall be installed as follows: a) at the end of each line; b) at all changes in grade, size or alignment except for sewers 30 inches or greater in diameter which may he laid with changes in alignment without manholes;, c) at all intersections; and d) at distances not greater than 400 feet for sewers 15 inches or less in diameter and 600 feet for sewers 18 inches to 30 inches. Greater spacing may be permitted in larger sewers and in those carrying a settled effluent. 4.2 The minimum diameter of manholes shall be 48 inches. The minimum diameter of the opening at the top of the manhole shall be 23 inches. 4.3 The flow channel through storm sewer manholes shall be made to conform in shape and slope to that of the sewers. 4.4 Standard manholes are shown in Figures 6 and 7. 4.5 When a smaller sewer joins a larger size pipe, the invert of the larger sewer should be lowered sufficiently to maintain the same energy gradient. An approximate method for securing this result is to place the 0.8 depth point of both sewers at the same ele- vation. VII -5.0 Protection of Water Supplies 5.1 There shall be no physical connection between a public or private potable water supply system and a sewer, or appurtenance thereto - which would permit the passage of any sewage or polluted water into the potable supply. 1. 5.2 Whenever possible, sewers should be laid at least 10 feet, horizontally, from any existing or proposed water main. Should local conditions prevent a lateral separation of 10 feet, a sewer may be laid closer than 10 feet to a water main if: a) it is laid in a separate trench; V1I-2 J b) it is laid in the some trench with the water mains located at one side on a bench of undisturbed earth; or r Ly ' c) in either case the elevation of the crown of the sewer is at least 18 inches below the invert of the water main. ® 5.3 Whenever sewers must cross under water mains, the sewer shall be W laid at such an elevation that the top of the sewer is at least 18 inches below the bottom of the water main. 5.4 When the elevation of the sewer cannot be buried to meet the above requirements, the water main shall be relocated to provide this separation or reconstructed with slip-on or mechanical -joint cast iron pipe, for a distance of 10 feet on each side of the sewer. One full length of water main should be centered over the sewer so that both joints will be as far from the sewer as possible. Ia VII -6.0 Proper Backfilling 6.1 Where the sewer crosses an existing or proposed sidewalk or a street, the sewer trench shall be backfilled with a suitable material compacted to 906 of Modified Proctor Density. 6.2 Normally the pipe shall be Class "C" bedded with hand tamping around the lower half of the pipe. If severe sub -grade conditions are encountered the Engineer shall direct Class "B" bedding to be used. Class "B" and Class "C" bedding are as shown in Figure 10. L6.3 If granular material is used for baekfilling all storm seiner joints shaZZ be seated with asphaltic material. d ' <iE VII -7.0 Requirements for Storm Sewer C 7.1 All storm drainage will normally be carried in an enclosed storm sewer. Open channel flow is permitted only under special circum- stances and with specific approval of the City Engineer. L �e L k VII -3 I 11 0 I fl !i J SECTION VIII TRAFFIC CONTROL SIGNALS VIII -1.0 Number of Lenses per Signal Face 1.1 Each signal face, except in pedestrian signals, shall have at least three lenses, but not more than five. The lenses shall be red, yellow or green in color, and shall give a circular or arrow type of indication. Allowable exceptions to the above are: 1.1.1 Where a single section green arrow lens is used alone to indicate a continuous movement. 1.1.2 Where one or more indications are repeated for reasons of safety or impact. VIII -2.0 Size and Design of Signal Lenses 2.1 The aspect of all signal lenses, except in pedestrian signals, shall be circular. There shall be two sizes for lenses, 8 inches and 12 inches nominal diameter. 2.2 Twelve -inch lenses normally should be used: 2.2.1 For intersections with 85 percentile approach speeds exceeding 40 mph. 2.2.2 For intersections where signalization might be unexpected. 2.2.3 For special problem locations, such as those with conflicting or competing background lighting. 2.2.4 For intersections where drivers may view both traffic con- trol and lane -direction -control signs simultaneously. 2.2.5 For all arrow indications. Arrows shall be pointed vertically upward to indicate a straight - through movement and in a horizontal direction to indicate a turn at approximately right angles. When the angle of the turn is substantially different from a right angle, the arrow should be positioned on an upward slope at an angle approximately equal to that of the turn. Each arrow lens shall show only one arrow direction. The arrow' shall be the only illuminated part of the lens visible. In no case shall letters or numbers be displayed as part of a vehicular signal indication. VIII -1 0 J R by U U H 7 H. ri A u VIII -3.0 Number and Location of Signal Faces 3.1 The visibility, location and number of signal faces for each approach to an intersection or a mid -block crosswalk shall be as follows: 3.1.1 A minimum of two signal faces for through -traffic shall be provided and should be continuously visible from a point at least the following distances in advance of and to the stop line, unless physical obstruction of their visibility exists: ' 85 Percentile Minimum Visibility Speed Distance (Ft.) 20 100 25 175 30 250 35 325 40 400 45 475 3.1.2 Where physical conditions prevent drivers from having a continuous view of at least two signal indications as specified herein, a suitable sign shall be erected to warn approaching traffic, It may be supplemented by a Hazard Identification Beacon. A beacon utilized in this manner may be interconnected with the traffic signal con- troller in such a manner as to flash yellow during the period when drivers passing this beacon, at the legal speed for the roadway, may encounter a red signal upon arrival at the signalized location. 3.1.3 A single signal face is permissible for the control of an exclusive turn lane. Such a signal face shall be in addition to the minimum of two signal faces for through - traffic. When the indications of a separate signal face or faces controlling an exclusive turn lane will also be visible to traffic with other allowable movements, a sign LEFT (or RIGHT) TURN SIGNAL shall be located adjacent to such signal face. When the face consists entirely of arrow indications, such a sign is not required. 3.1.4 Except where the width of the intersecting street or other conditions make it physically impractical, at least one and preferably both of the signal faces required by paragraph 3.1.1 above shall be located not.less than 40 feet nor more than 120 feet beyond the stop line. Where both of the signal faces required by paragraph 3.1.1 above are post -mounted, they shall both be on the far side of the intersection, one on the right and one on the left or on themedian island if practical. The signal face re- quired by paragraph 3.1.3 above shall conform to the same location requirements as the signal faces required by paragraph 3.1.1 to the extent practical. VIII- At signalized mid -block crosswalks, there should be at least one signal face over the traveled roadway for each approach. In other respects, a traffic control signal at a mid -block location shall meet the requirements set forth herein. a 3.1.5 Except where the width of the intersecting street or other conditions make it physically impractical, at least one and preferably both of the signal faces re- quired by paragraph 3.1.1 above shall be located between two lines intersecting with the center of the approach lanes at the stop line, one making an angle of approximately 20 degrees to the right of the center of the approach extended, and the other making an angle of approximately 20 degrees to the left of the center of the approach extended. 3.1.6 Near -side signals should be located as near as practicable to the stop line. 3.1.7 Where a signal face controls a specific lane or lanes of approach, its transverse position should be unmistakably in line with the path of that movement. .3.1.8 Required signal faces for any one approach shall be not less than eight feet apart measured horizontally between centers of faces. 3.1.9 When the nearest signal face is more than 120 feet beyond the stop line, a supplemental near side signal indication y shall be provided. 3.1.10 A signal face mounted on a span wire or mast arm should be located as near as practicable to the line of the driver's normal view. 3.1.11 Supplemental signal faces should be used when an engineering Yi fl study has shown that they are needed to achieve both advance and immediate intersection visibility, When used, they $ should be located to provide optimum visibility for the movement to be controlled. The following limitations apply: a. Left turn arrows shall not be used in near -right faces. b. Right turn arrows shall not be used in far -left faces. A far -side median mount signal shall be considered as a far -left signal for this application. At signalized mid -block crosswalks, there should be at least one signal face over the traveled roadway for each approach. In other respects, a traffic control signal at a mid -block location shall meet the requirements set forth herein. a iVIII -4.0 Height of Signal Faces i VIII -5.0 Transverse Location of Traffic Signal Supports and Controller Cabinets 5.1 In the plavement of signal supports, primary consideration shall be given to ensuring the proper visibility of signal faces as described in sections VIII -3.0 and VIII -4.0. However, in the interest of safety, signal supports and controller cabinets should be placed as far as practicable from'the edge of the traveled way without adversely affecting signal visibility. 5.2 Supports for post -mounted signal heads at the side of a street with curbs shall have a horizontal clearance of not less than 4 feet from the face of a vertical curb. Where there is no curb, supports for post -mounted signal heads shall have a horizontal clearance of not less than two feet from the edge of a shoulder, within the limits of normal vertical clearance. A signal support should not obstruct a crosswalk. VIII -6.0 Warrants for Traffic Signals 6.1 A comprehensive investigation of traffic conditions and physical characteristics of the location is required to determine the necessity for a signal installation and to furnish necessary data for the proper design and operation of a signal that is found to be warranted. Such data desirably should include; 6.1.1 The number of vehicles entering the intersection in�each hour from each approach during 16 consecutive hours of a representative day. The 16 hours selected should contain• the greatest percentage of the 24-hour traffic, 6.1.2 Vehicular volumes for each traffic movement from each approach, classified by vehicle type (heavy trucks, passenger cars and light trucks, and public -transit ve- hicles), during each 15 -minute period of the two hours in the morning and of the two hours in the afternoon during which total traffic entering the intersection is greatest. VIII -4 4.1 The bottom of the housing of a signal face, not mounted over a roadway, shall not be less than 8 feet than 15 feet nor more above the sidewalk or, if none, above the pavement grade at the center of the highway as shown in Figure 18. !`•.! The bottom of the housing of a signal face suspended over a roadway shall not be less than 15 feet nor more than 19 feet above the pavement grade at the center of the roadway as shown I in Figure 18. Within the above limits, optimum visibility and adequate clearance should be the guiding considerations in deciding signal height. Grades on approaching streets may be important factors, and should be considered in determining the most appropriate height. i VIII -5.0 Transverse Location of Traffic Signal Supports and Controller Cabinets 5.1 In the plavement of signal supports, primary consideration shall be given to ensuring the proper visibility of signal faces as described in sections VIII -3.0 and VIII -4.0. However, in the interest of safety, signal supports and controller cabinets should be placed as far as practicable from'the edge of the traveled way without adversely affecting signal visibility. 5.2 Supports for post -mounted signal heads at the side of a street with curbs shall have a horizontal clearance of not less than 4 feet from the face of a vertical curb. Where there is no curb, supports for post -mounted signal heads shall have a horizontal clearance of not less than two feet from the edge of a shoulder, within the limits of normal vertical clearance. A signal support should not obstruct a crosswalk. VIII -6.0 Warrants for Traffic Signals 6.1 A comprehensive investigation of traffic conditions and physical characteristics of the location is required to determine the necessity for a signal installation and to furnish necessary data for the proper design and operation of a signal that is found to be warranted. Such data desirably should include; 6.1.1 The number of vehicles entering the intersection in�each hour from each approach during 16 consecutive hours of a representative day. The 16 hours selected should contain• the greatest percentage of the 24-hour traffic, 6.1.2 Vehicular volumes for each traffic movement from each approach, classified by vehicle type (heavy trucks, passenger cars and light trucks, and public -transit ve- hicles), during each 15 -minute period of the two hours in the morning and of the two hours in the afternoon during which total traffic entering the intersection is greatest. VIII -4 . P r 6.1.3 Pedestrian volume counts on each crosswalk during the same periods as the vehicular counts in paragraph 6.1.2 above and also during hours of highest pedestrian volume. Where young or elderly persons need special consideration, the pedestrians may be classified by general observation and recorded by age groups as follows; a. under 13 years b. 13 to 60 years c. over 60 years 6.1.4 The 85 -percentile speed of all vehicles on the uncontrolled approaches to the location. 6.1.5 A conditions diagram showing details of the physical lay- out, including such features as intersectional geometrics, channelization, grades, sight -distance restrictions, bus if stops and routing's, parking conditions, pavement markings, street lighting, driveways, location of nearby railroad crossings, distance to nearest signals, utility poles and fixtures, and adjacent land use. 6.1.6 A collision diagram showing accident experience by type, location, direction of movement, severity, time of day, date, and day of week for at least one year. fl6.1.7 The following data are also desirable for a more precise D understanding of the operation of the intersection and may be obtained during the periods specified in 6.1.2 above: 1 a. Vehicle -seconds delay determined separately for each approach. b. The number and distribution of gaps in vehicular traffic on the major street when minor -street traffic finds it possible to use the intersection safely. c. The 85 -percentile speed of vehicles on controlled approaches at a point near to the intersection but 1 unaffected by the control. d. Pedestrian delay time for at least two 30 -minute peak pedestrian delay periods of an average week- day or like periods of a Saturday or a Sunday. 6.2 An investigation of the need for traffic signal control should in- clude where applicable, at least an analysis of the factors con- tained in the following warrants: Warrant 1 - Minimum vehicular volume. Warrant 2 - Interruption of continuous traffic. Warrant 3 - Minimum pedestrian volume, Warrant 4 - School crossings. Warrant 5 - Progressive movement, Warrant 6 - Accident experience. Warrant 7 - Systems. _ Warrant 8 - Combination of warrants. VTTT-S 6.2.2 Warrant 2, Interruption of Continuous Traffic The Interruption of Continuous Traffic warrant applies to operating conditions where the traffic volume on a major street is so heavy that traffic on a minor intersecting suffers excessive delay or hazard in entering or crossing the major street. The warrant is satisfied when, for each of any 8 hours of an average day, the traffic volumes given in the table below exist on the major street and on the higher -volume minor -street approach to the intersection, d - and the signal installation will not seriously disrupt progressive traffic flow. VIII -6 6.2.1 Warrant 1, Minimum Vehicular Volume The Minimum Vehicular Volume warrant is intended for application where the volume of intersecting traffic is the principal reason for consideration of signal installation. The warrant is satisfied when, for each of any 8 hours of an average day, the traffic volumes given in the table below exist on the major street and on the higher -volume minor -street approach to the inter- section. MINIMUM VEHICULAR VOLUMES FOR WARRANT 1 Vehicles per hour Vehicles per hour on higher -volume Number of lanes for moving on major street minor -street ap- traffic on each approach (total of both ap- proach (one di - Major Street Minor Street proaches) rection only) I ----------- 1 ---------- 500 150 2 or more --- 1 ---------- 600 150 2 or more --- 2 or more -- 600 200 1 ----------- 2 or more -- 500 200 These major -street and minor -street volumes are for the same 8 hours. During those 8 hours, the direction of higher volume on the minor street may be on one approach during some hours and on the opposite approach during other hours. When the 85 -percentile speed of major -street traffic exceeds 40 miles per hour, or when the intersection lies within the built-up area of an isolated community having a population of less than 10,000, the minimum vehicular volume warrant is 70 percent of the requirements above (in recognition of r differences in the nature and operational characteristics of traffic in urban and rural environments and smaller municipalities. 6.2.2 Warrant 2, Interruption of Continuous Traffic The Interruption of Continuous Traffic warrant applies to operating conditions where the traffic volume on a major street is so heavy that traffic on a minor intersecting suffers excessive delay or hazard in entering or crossing the major street. The warrant is satisfied when, for each of any 8 hours of an average day, the traffic volumes given in the table below exist on the major street and on the higher -volume minor -street approach to the intersection, d - and the signal installation will not seriously disrupt progressive traffic flow. VIII -6 r ' VIII -7 4 MINIMUM VEHICULAR VOLUMES FOR WARRANT 2 Vehicles per hour Vehicles per hour on higher-volume Number of lanes for moving on major street minor-street ap- traffic on each approach (total of both ap- proach (one di- Major Street Minor Street proaches) rection only) 1----------- 1 750 75 2 or more --- 1---------- 900 75 2 or more --- 2 or more -- 900 100 1 ----------- 2 or more -- 750 100 These majcr-street and minor-street volumes are for the same 8 hours. During those 8 hours, the direction of higher volume on the minor street may be on one approach during i some hours and on the opposite approach during other hours. al When the 85-percentile speed of major-street traffic exceeds 40 miles per hour, or when the intersection lies within the built-up area of an isolated community having a population of less than 10,000, the interruption of continuous traffic warrant is 70 percent of the requirements above (in recog- nition of differences in the nature and operational char- acteristics of traffic in urban and rural environments lu and smaller municipalities). 6:2.3 Warrant 3, Minimum Pedestrian Volume The Minimum Pedestrian Volume warrant is satisfied when for each of any 8 hours of an average day, the following traffic volumes exist: a. On the major street, 600 or more vehicles per hour enter the intersection (total of both approaches); d or where there is a raised median island 4 feet-or more in width, 1,000 or more vehicles per hour (total of both approaches) enter the intersection on the major street;.and b. During the same 8 hours as in paragraph (a) there are 150 or more pedestrians per hour on the highest volume crosswalk crossing the major street. When the 85-percentile speed of major-street traffic exceeds 40 miles per hour, or when the intersection lies within the built-up area of an isolated community 19 having a population of less than 100000, the minimum pedestrian volume warrant is 70 percent of the requirements above (in recognition of differences in the nature and operational characteristics of traffic in urban and rural environments and smaller municipalities). r ' VIII -7 4 j A signal installed under this warrant at an isolated intersection should be of the traffic -actuated type with push buttons for pedestrians crossing the main street. If such a signal is installed at an intersection within a signal system, it should be equipped and operated with control devices which provide proper coordination. hl Signals installed according to this warrant shall be equipped with pedestrian indications conforming to re- quirements set forth in other sections of this Manual. H i I s q, A Si. A d Signals may be installed at nonintersection locations (mid -block) provided the requirements of this warrant are met, and provided that the related crosswalk is not closer than 150' to another established crosswalk. Curb- side parking should be prohibited for 100' in advance of and 20' beyond the crosswalk. Phasing, coordination, and installation must conform to standards set forth in this Manual. Special attention should be given to the signal head placement and the signs and markings used at nonintersection locations to be sure drivers are aware of this special application. 6.2.4 Warrant 4, School Crossing A traffic control signal may be warranted at an established school crossing when a traffic engineering study of the frequency and adequacy of gaps in the vehicular traffic stream as related to the number and size of groups of school children at the school crossing shows that the number of adequate gaps in the traffic stream during the period when the children are using the crossing is less than the number of minutes in the same period, When traffic control signals are installed entirely under this warrant: a. Pedestrian indications shall be provided at least for each crosswalk established as a school crossing. b. At an intersection, the signal normally should be traffic -actuated, As a minimum, it should be semi - traffic -actuated, but full actuation with detectors on all approaches may be desirable. Intersection in- stallations that can be fitted into progressive signal systems may have pretimed control. c. At non -intersection crossings, the signal should be pedestrian -actuated, parking and other obstructions to view should be prohibited for at least 100 feet in advance of and 20 feet beyond the crosswalk, and.. the installation should include suitable standard signs and pavement markings. Special police super- vision and/or enforcement should be provided for a new non -intersection installation, VIII -B r I C, 6.2.5 Warrant 5, Progressive Movement Progressive movement control sometimes necessitates traffic signal installations at intersections where they would not otherwise be warranted, in order to maintain proper grouping of vehicles and effectively regulate group speed. The Progressive Movement warrant is satisfied when: a. On a one-way street or a street which has predominantly unidirectional traffic, the adjacent signals are so far apart that they do not provide the necessary degree of vehicle platooning and speed control, or b. On a two-way street, adjacent signals do not provide the necessary degree of platooning and speed control and the proposed and adjacent signals could constitute a progressive signal system. j The installation of a signal according to this warrant should be based on the 85 -percentile speed unless an engineering study indicates that another speed is more desirable. The installation of a signal according to this warrant should not be considered where the resultant signal spacing would be less than 1,000 feet. 6.2.6 Warrant 6, Accident Experience The Accident Experience warrant is satisfied when: a. Adequate trial of less restrictive remedies with satisfactory observance and enforcement has failed to reduce the accident frequency; and b. Five or more reported accidents, of types susceptible t of correction by traffic signal control, have occurred within a 12 -month period, each accident involving personal injury or property damage to an apparent extent of $100 or more; and c. There exists a volume of vehicular and pedestrian traffic not less than 80 percent of the requirements specified'either in the minimum vehicular volume warrant, or the minimum pedestrian volume warrant; and d. The signal installation will not seriously disrupt progressive traffic flow. Any traffic signal installed solely on the Accident Experience warrant should be semi -traffic -actuated (with control devices which provide proper coordination if installed at an intersection within a coordinated system) and normally should be fully traffic -actuated if installed at an isolated intersection. �i °� VIII -9 1 6.2.7 Warrant 7, Systems Warrant A traffic signal installation at some intersections may he warranted to encourage concentration and organization I of traffic flow networks. The Systems warrant is applicable when the common inter- Trsection of two or more major routes has a total existing, or immediately projected, entering volume of at least 800 vehicles during the peak hour of a typical weekday, or each of any five hours of a Saturday and/or Sunday. A major route as used in the above warrant has one or more of the following characteristics: a. It is part of the street or highway system that serves as the principal network for through traffic flow; b. It connects areas of principal traffic generation; c. .It includes rural or suburban highways outside of, entering or traversing a city; d. It has surface street freeway or expressway ramp terminals; e.. Tt appears as a major route on an official plan such as a major street plan in an urban area traffic and transportation study. 6.2.8 Warrant 8, Combination of Warrants In exceptional cases, signals occasionally may be justified where no single warrant is satisfied but where two or more of Warrants 1, 2 and 3 are satisfied to the extent of 80 percent or more of the stated values. ya Adequate trial of other remedial measures which cause less delay and inconvenience to traffic should precede Q j installation of signals under this warrant. 6.3 Pedestrian signal indications shall be installed in conjunction e with vehicular traffic signals (which meet one or more of the np traffic signal warrants previously set forth) under any of the following conditions: 6.3.1 When a traffic signal is installed under the pedestrian volume or school crossing warrant. (� 6.3.2 When an exclusive interval or phase is provided or made j - available for pedestrian movement in one or more directions, with all conflicting vehicular movements being stopped. 6.3.3 When vehicular indications are not visible to pedestrians such as in one-way streets, at "T" intersections; or when the vehicular indications are in a position which would adequately serve pedestrians. I �� VIII -11 6.3.4 At established school crossings at intersections signalized under any warrant. ' 6.3.5 Pedestrian signal indications also may be installed under any of the following conditions: a. When any volume of pedestrian activity requires use of a pedestrian clearance interval to minimize vehicle -pedestrian conflicts or when it is necessary to assist pedestrians in making a safe crossing. b. When multi -phase indications (as with split -phase timing) would tend to confuse pedestrians guided only by vehicle signal indications. c. When pedestrians cross part of the street, to or from an island, during a particular interval (where they should not be permitted to cross another part ri of that street during any part of the same interval). I �� VIII -11 SECTION IX ROADWAY LIGHTING IX -1.0 Average Ilorizontal Footcandles 1.1 The following values of street lighting intensity are design objectives which should be met: Average Horizontal Footcandles Roadway Classification Area Classification Downtown Intermediate Outlying Arterial 2.0 1.2 0.9 Collector 1.2 0.9 0,6 Local 0.9 0.6 0.2 1.2 The area classifications are defined as follows: ' a. Downtown That portion of a municipality in a business development where ordinarily there are large numbers of pedestrians and a heavy demand for parking space during periods of peak traffic or a sustained high pedestrian volume and a continuously heavy demand for off-street parking space during business and in- dustrial employment hours. This definition applies to densely developed industrial and business areas outside of, as well as those that are within, the central part of the ' municipality. b. Intermediate That portion of a municipality which is outside of a down- town area, but generally within the zone of influence of a i business or industrial development, characterized often by f a moderately heavy nighttime pedestrian traffic and a some- what lower parking turnover than is found is a downtown area. C. Outlying and Rural A residential development, or a mixture of residential and commercial establishments, characterized by few pedestrians 4 and a low parking demand or turnover. 1.3 All street lighting systems suffer loss of light output due to the natural aging of the light source itself, and are all subject to further loss due to the accumulation of dust and dirt on the luminaire. The design should allow for a normal maintenance factor in the sizing of the street lighting system. a� a IX -1 J 1.3.1 The Horizontal footcandles can be calculated by the equation: Lamp Lumens(initial) x Coefficient Avg Horizontal Pootcandle • of Utilization x maintenance factor m na re spacing x Road width The coefficient of utilization can bo determined from the following graph: MOUNTING HEIGHTS RATIO TRANSVERSE DISTANCE MOUNTING HEIGHT IX -2.0 Current Installation Practice J 2.1 The required lumen output and mounting height is as follows: Roadway Classification Luminaire Mounting Height Local 7000 lumen ASA Type III 26 ft. Collector 10,000 lumen ASA Type III 28 ft. Arterial 20,000 lumen ASA Type III 30 ft. 2.2 The general criteria for the location of street lights are as follows: 2.2.1 A street light at all intersections. L 2.2.2 Street lights at mid -block locations if the blocks are more than 600 feet in length. 2.2.3 Closer spacing of street lights in problem areas such as major arterials or high pedestrian areas, as determined by an engineering study. i IX -2 L•.':x;�:.i knoci' Lw=. Mq' f/ V� WI/ mmm kki._:j Lamf Cf.? L••.w k� b6Aiid WNW mo/ F_ -s':! Ym� CRR [:i::.t 1 1 ■ M e 4•, CROWN FOR TYPICAL STREET WIDTHS U 31 ' 39 4:3r yro� 'A H 49" dL ® 24 116 n.y.CC 2O rOAA. :0 n mr z�b mQ� ro rHH P4 W m 0 H H r C z .•3 in O. H x00 J,5 cn CROWN FOR TYPICAL STREET WIDTHS U 31 ' 39 4:3r 4 5 49" dL ® 24 116 1 $ CROWN FOR TYPICAL STREET WIDTHS U 1 NOTE: PROVIDE EXPANSION JOINTS EVERY 150' S CONTRACTION JOINTS EVERY 15' TYPE 'A' ASPHALTIC CONCRETE SURFACE COURSE W/ TACK COAT R■ 3 PLACE 1/40 HIGH 6� VARIES 400 .i'•.Ot y, t i d;:;1�y ;�'i: Q:• TYPE"B' ASPHALTIC CONCRETE' BASE COURSE 0 v d+ G' i CITY OF IOWA CITYr IOWA DEPARTMENT OF PUBLIC WORKS ENGINEERING DIVISION TYPICAL 30" CURB 6 GUTTER Figure 2 r I d o DETAIL OF INTEGRAL ROLL CURB ' 3'+-4, 6 �' •' • ' • ',P. 3,R �' IT O •, '•• ,•per - 7.5 dab° • '. i da .,''1..•r DETAIL OF INTEGRAL CURB CITY OF IOWA CITY/ IOWA DEPARTMENT OF PUBLIC WORKS ENGINEERING DIVISION TYPICAL CURB CROSS-SECTION Figure 3 I �i aj I li 20 RIGHT OF WAY 0 16 FOR RESIDENTIAL ALLEY. 201 FOR COMMERCIAL ALLEY u CITY OF'IOWA CITY, IOWA DEPARTMENT OF PUBLIC WORKS ENGINEERING DIVISION TYPICAL ALLEY CROSS-SECTION Figure 4 4i STti7E OAR FED ERq"GHWAY _MAX q �r MAX MI N Ad — — J; w L--a�o7 I.IPki xg + iry I I SERVICE STATION ON A CORNER SITE :D I I O F- W W IY F- 01 1� L07 L.INC r uur 0 0 RESi0ENTIA4 DRIVE CITY OF IOWA CITY, IOWA DEPARTMENT OF PUBLIC WORKS ENGINEERING DIVISION DRIVEWAY DIAGRAM m C.I. Ma'hhole Frame wn d Cover (es reeuired) Mer7yah'R-1670 (sel;d) Wee"ah R-zsoo (Ir-e•J) ar v4uo 1. Grout fro.7"d to Maaaho/e Walls S fep °•; (See Ste PS are aaot re S 1 lar Oto ran 1'•. Bawer 'aa1 a9r h o / e e , ., D •;, /era ¢ha'ar 3" ft do eq :•' N e ear. h R- /9806 or etual OD a Brick or concrefs ov rewired f No x. of 4" to rnerf 56-aoi grade. Irne. Strrot grade lime Z4" Max, height of spacer a;wys, incl" G.l. Ma'nho/e flame. —Ceme» t mortal jornts w,th !• •7 rubber gasket as or cold 6itummous com- pound joints 7nade J -n 54»ie 7na?aner as Sauer pipe joints /with 6" Strip MdSVC paint nrou•nd outalde of joiaat 4' dia. .!r. 24� Pipe e Under •.°:: ovrr 4pipe /oft STEP DETAIL /a f Top n � oU a o► o a U r Rd u 0; e o U U N 0 00 -v 4 a CITY OF IOWA CITY, IOWA DEPARTMENT OF PUBLIC WORKS ENGINEERING DIVISION TYPICAL MANHOLE 6' OR LESS IN DEPTH Figure 6 Ave /oft STEP DETAIL /a f Top n � oU a o► o a U r Rd u 0; e o U U N 0 00 -v 4 a CITY OF IOWA CITY, IOWA DEPARTMENT OF PUBLIC WORKS ENGINEERING DIVISION TYPICAL MANHOLE 6' OR LESS IN DEPTH Figure 6 I ■ 0 • �-$t}eeC glade /�c —7411RR7A7.' C. 1. Manhole fra-me and Covtr Cae rtw�l•-0:•• Neenah R -MAO (,•lid) :•:: 23'�4i17- A40774h R•2500 Cprsfod)' ' or epo 1 fk r. 7 -rR�V/a^ -6►out #a?neta 7nanhole walls Bruit or cohcroid as rewired to Max. of 4" to meet street grade line, ' 24" Ma z. he%yhf of '•:;:•; a< spacer -;"9s , i•+c/udh+y ..k0o. , C. I. Manhole Ring. /011 Neenah R- 1980E or oval 5. •••�s••r, 1 V1�d O CITY OF IOWA CITY, IOWA DEPARTMENT OF PUBLIC WORKS I,.• ENGINEERING DIVISION i+'I TYPICAL MANHOLE 61 OR MORE STEP DETAIL IN DEPTH 4 1 �5:• i•i �.: R •p '• .1 Ceficnt�nottorjornts�itf� •o.'•: u :;�'�• rubber 9askci as ahbur, ;;.' � T. r, or cold bituminous Com- i1'• pound joints made A" Same Ma?)nsr as Sewer i v"e 5" ppe joists with 6" a�tr1P °'i• � �V Mast+c paint around a ' o outside of jornt V� (see detail) a• I 0 o 5t•epS ara ;rot '471 ' •Y. •�o� eaquired %h storm f U sewer 7r�eraho/es 4'dra. for 24° e o underless than 3 Ft ''' s;•;. Is. or ore♦ irw • •o. -H6P.co /011 Neenah R- 1980E or oval 5. •••�s••r, 1 V1�d O CITY OF IOWA CITY, IOWA DEPARTMENT OF PUBLIC WORKS I,.• ENGINEERING DIVISION i+'I TYPICAL MANHOLE 61 OR MORE STEP DETAIL IN DEPTH 4 1 5tandord Vdrified Tee �. r.breok •� End of Tee � I � qs Necese4ry V) N� h i Mwhole W4// ,. Shope Manho% • Bot%w7 Mvhho% Bose . Drop C'0nnec7'%on to be Wer/ -for a// pipe enter%ng ma/9- 401es more shah 2�l" obovet out/ef pip`. . for 9Cne/ q/ d%fin@%or�� CITY OF IOWA CITY, IOWA o/' monhole See iyondard DEPARTMENT OF PUBLIC WORKS vnho% p�ow�n9. ENGINEERING DIVISION SANITARY DROP CONNECTION y Figure 8 r O z I O •0 .(6 i r �� T•; 0 z PLAN SERVICE PIPE IF SPECIFIED SEE SPECS, , 30, OR 4'S• 6 (MIN,) �, f I� '1 r -SECTION F' a v 0 STAKE TO WALL OF TRENCH INSTALL RISER PIPE TO BEAR FIRMLY AGAINST UNDISTURBED WALL OF TRENCH. STAKE RISER PIPE IN PLACE PRIOR TO BACKFILLING TO PREVENT . MOVEMENT OF PIPE. SELECT VERTICAL, 30. OR 46' POSITION OF RISER PIPE TO SUIT TRENCH WALL CONDITIONS. NOTCH WALL OF TRENCH TO RECEIVE PIPE WHERE POSSIBLE. STOPPER AT END OF PIPE (TYR) TRENCH WALL RISER PIPE BRANCH (SIZE AS SPECIFIED) TYPE M-3 CONCRETE CITY OF IOWA CITY] IOWA DEPARTMENT OF PUBLIC WORKS ENGINEERING DIVISION SANITARY RISER Figure 9 aiaL I I p 1 f; CLASS "C" BEC NG NOTES: 1. PIPE SHALL BE LAID ON UNDISTURBED SOIL. 2. BELL HOLES SHALL BE HAND SHAPED SUCH THAT THE BARREL OF THE PIPE LIES ON UNDISTURBED SOIL. 3. BACKFILL SHALL BE HAND TAMPED TO THE TOP OP THE PIPE. CLASS "B" BEDDING NOTES: 1. PIPE BEDDING SHALL BE PLACED ON UNDISTURBED SOIL AND COMPACTED 2. BELL HOLES SHALL BE HAND SHAPED SUCH THAT THE BARREL OF THE PIPE LIES ON COMPACTED SEDDINGr 3. BACKFILL SHALL BE HAND TAMPED TO THE TOP OF THE PIPE. CITY OF IOWA CITY, IOWA DEPARTMENT OF PUBLIC WORKS ENGINEERING DIVISION PIPE BEDDING Figure 10 1 3 f i t lf (i—Varlable engths-,-- 4 F— — — — — — I. A 4 +1II A 4—§ 18"it 24",R-4670 or 22 ",K 48" R- 4781 NEENAH, or equivalent Asphalt -.4 Iii ri iii iii iaii �: iii i'1 A 4—§ 18"it 24",R-4670 or 22 ",K 48" R- 4781 NEENAH, or equivalent Asphalt -.4 2!- 010min. -6w wa I I B Variable Length SECTION A -A CITY OF IOWA CITY, IOWA DEPARTMENT OF PUBLIC WORKS .ENGINEERING DIVISION ALLEY CATCH BASIN Figure 11 [>�r\ru aLos[ mnrwr u nT r -r a Y [• ur m .act m C. nil. r l [-r r • 4°�rvy 1 �o� KT[A1[wTC 1 wlT[Al\wT[ 2• K1LOMwTC 2. �► I vTwaT I I r.orwL r carr. wc. Iwn. )` rr rrrrrrr lra rT[rs rrm[ coral .r. (T'L[\[ )) rP:F Irrrr•r.�.rrrr R 11GMr [�-Zr �• r9T \CGO/S[ 1 �i[)r LLp _•rrr _-- wnc 0 • Nn\wR�[ )• .QOYr R [RL..I aL/•rc� I Cepir9. •m c.•Cl. .1T 10. /o..i� oar rr[r cvrnor Ir\ nrTwrs ar nura .ers;•Loc)re� cwr . l m MN VKW rov o rwc[ s car. [Dc[ or pI wrwn wart wars � t � � t .1 .a, r •.c[ o. wL\r•L a• color i 0 a•r w..u[wp - rx•• uo -o .....• .�w� - �[ •� Lau I....wun avert CU[a O 940 ONTARS m r.ca v w. 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CITY OF IOWA CITY, IOWA DEPARTMENT OF PUBLIC WORKS ENGINEERING DIVISION TYPICAL CUL DE SAC FIGURE 19 1` LIP CURB . TYPICAL CITY OF IOWA CITY, IOWA DEPART`SENT OF PUBLIC WOPKS ENGINEERING DIVISION TYPICAL DROP -CURB FOR SIDEWALK ft/roe/ FIGURE 20'. 3r LIP CUR TYPICAL m 0 JOINTS CITY OF IOWA CITY, IOWA DEPARTMENT OF PUBLIC WORKS ENGINEERING DIVISION TYPICAL DROP -CURB FOR SIDEWALK FIGURE 20: N V, RESOLUTION NO 77-130 RESOLUTION APPROVING PLANS, SPECIFICATIONS AND FORMOF CONTRACT FOR THE MUSCATINE AVENUE IMPROVEMENT PROJECT FAUS M-4052(829)--81-52- WHEREAS, on the 5th day of April, 1977, plans, specifications, I and form of contract from the Department of Public Works, Iowa City, Iowa, were filed with the Iowa Department of Transportation, Ames, Iowa, for the construction of the Muscatine Avenue Improvement Project within the City of Iowa City, Iowa, and WHEREAS, said project is to be funded in part by Federal Aid to Urban Systems monies, and WHEREAS, notice of hearing on plans, specifications and form of contract was published by the City of Iowa City, Iowa, as required by Law: NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCII OF THE CITY OF IOWA CITY, IOWA: That the said plans, specifications and form of contract attached to this Resolution and by this reference made a part hereof, are hereby approved as the plans, specifications and form of contract for said Muscatine Avenue Improvement Project. Further, that bids will be opened by the Iowa Department of Transportation on the 24th day of May, 1977. Received & ApproveJ By The Legal Department CI �i 093 7 e Resolution # 77-130 Page 2 It was moved by Foster and seconded by Perret that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Balmer X deProsse X Foster X Neuhauser X _ Perret X Selzer X Vevera Passed and approved this 3rd day. of May , 19 77 Caty CYerk Mayor Pro Tem Received & Approved By The Legal Department 1i RESOLUTION NO. 77-131 RESOLUTION AWARDING CONTRACT FOR THE CONSTRUCTION OF THE LANDFILL EXCAVATION PROJECT AND WORK INCIDENTAL TO CONST WHEREAS, Barkers, Inc.. R. R. I. Iowa City has submitted the best bid for the construction of the above- named project. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the contract for the construction of the above-named project is hereby awarded to Barkers, Inc. for $61,920.00. , subject to the condition that awardee secure adequate performance bond and insurance certificates. It was moved by Balmer and seconded by Foster that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x deProsse x Foster x Neuhauser x Perret x Selzer x Vevera Passed and approved this 3rd day of ATTEST: CITY CLE May 19 77 MAYOR Pro Tan Received & Approved By The Legal Department —Ak', a3 q RESOLUTION NO. 77-132 RESOLUTION PROHIBITING PARKING ON THE WEST SIDE OF OAKLAND STREET FROM THE INTERSECTION OF OAKLAND STREET WITH SHERIDAN AVENUE TO A POINT 75 FEET NORTH OF THE INTER- SECTION OF OAKLAND STREET AND SHERIDAN AVENUE WHEREAS, the Ordinances of the the City Council to prohibit parking and City of Iowa City, Iowa, allow by resolution on designated streets, WHEREAS, the City Council deems it in the public interest to prohibit parking on the West side of Oakland Street from the intersection of Oakland Street with Sheridan Avenue to a point 75 feet North of the intersection of Oakland Street and Sheridan Avenue. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA: 1) That parking is hereby prohibited on the West side of Oakland Street from the intersection of Oakland Street with Sheridan Avenue to a point 75 feet North of the intersection of Oakland Street and Sheridan Avenue. 2) That the City Manager is hereby authorized and directed to cause appropriate signs to be posted to effectuate the provisions of this Resolution. It was moved by Perret and seconded by vevera that the Resolution as read e a opte , and upon roll caTTITFere were: AYES: NAYS: ABSENT: x BALMER x dePROSSE x FOSTER x NEUHAUSER x PERRET x SELZER Received c", A P""'Od x VEVERA By TbsLecaa rr�.a Departmznt yy\�57v Resolution No. 77 ---- Page 2 Passed and approved this 3rd day of may , 1977. Attest: `21 c- City Clerk &,,,t 0. alt,# --u - Mayor Pro Tem a 41 RESOLUTION N0. 77-133 RESOLUTION CHANGING THE PARKING REGULATION ON EAST SIDE OF GRANT STREET FROM COURT STREET SOUTH 75 FEET. Whereas, the Ordinances of the City of Iowa City, Iowa, allow the City Council to prohibit parking by resolution on designated streets, and, Whereas, the City Council deems it in the public interest that certain regulations be modified and changed, and, Whereas, Resolution #77-40 was passed to facilitate a detour route for the City bus system, and the detour route has been altered and no longer uses Grant Street, NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL AS FOLLOWS: I. That Resolution #77-40, which prohibited parking on the east side of Grant Street from Court Street south 75 feet, be rescinded. 2. That the City Manager is hereby authorized and directed to cause appropriate action to be taken to effectuate the provisions of this Resolution. It was moved by Vevera. and seconded by Foster that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Balmer deProsse Foster x Neuhauser Perret x Selzer Vevera Passed and approved this jrA day of May, 1977. ATTEST: (� L e�&� City Clerk Abble StoAfus �J . Mayor Pro Tem Received & Approved By The Legal Department ayv ka-0 "/ RESOLUTION NO. 77-134 RESOLUTION AUTHORIZING ABANDONED BICYCLE SALE WHEREAS, the Police Department of the City of Iowa City, Iowa has during the past months stored a number of bicycles which have been abandoned by their owner's; and WHEREAS, the Police Chief has made every effort to locate the owners of these bicycles and has been unsuccessful in his effort; and WHEREAS, the total number of bicycles which have been accumulated have now become a storage problem, and the same are a burden on the City of Iowa City, Iowa; and WHEREAS, it is in the public interest that said bicycles be sold at public auction to the highest bidders. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA: 1. That the Police Chief is hereby authorized and directed to sell the abandoned bicycles at public auction to the highest cash bidder therefore, and that Notice of said sale shall be pub- lished in the Iowa City Press -Citizen once each week for two con- secutive weeks, the date of the last publication being no more than one week prior to the day of the sale. 2. That the proceeds from the sale of these bicycles shall be paid into the Public Safety Fund portion of the budget of the City of Iowa City, after first deducting therefrom the costs of the sale. It was moved by Balmer and seconded by Perret that the Resolution as reade�T adopted, and upon roll ca there were: Balmer deProsse Foster Neuhauser Perret Selzer Veveara AYES: NAYS: ABSENT: x x x &"0' W • px �k6""C� Mayor Pro Tem ATTEST: City Clerk Passed and approved this 3rd day of May, 1977. Received & Approved Sy The Legal Department -6K aye i RESOLUTION NO. 77-135 RES 'ION AUTHORIZING ASSIGNMENT 0 !DGMENT 77 ;5 WHEREAS, on February 2, 1973, in the District Court of Iowa in and for Johnson County, a Judgment in the case of Owens v. the City of Iowa City, was entered against the City of Iowa City, in the amount of $22,899 in favor of the Plaintiff, Bernard Owens; and, WHEREAS, Hawkeye Security Insurance Company as insurer of the City of Iowa City, Iowa, on liability claims, on behalf of the City of Iowa City, entered into negotiations and settled the Judgment against the City of Iowa City, in favor of Bernard Owens for the sum of $17,000; and, WHEREAS, as a result of said settlement and the insurance policy between Hawkeye Security Insurance Company and the City of Iowa City, Iowa, the rights of the City of Iowa City are subrogated to Hawkeye Insurance Company; and, WHEREAS, Hawkeye Insurance Company filed an action at law in the District Court of Iowa against the Chicago, Rock Island and Pacific Railroad Company, entitled City of Iowa City, Iowa, and Frank Smiley v, the Chicago, Rock Island and Pacific Railroad Company, Cause No. 41495, and the Chicago, Rock Island and Pacific Railroad Company entered into a Confession of Judgment on September 21, 1976, in favor of the City of Iowa City, Iowa; and, WHEREAS, the Hawkeye Security Insurance Company is the rightful owner of said Judgment on Confession as a result of its rights under subrogation, under its insurance policy with the City of Iowa City, Iowa, and has requested that the City of Iowa City, Iowa, assign the Judgment on Confession in its name to the Hawkeye Security Insurance Company, so that the Hawkeye Security Insurance Company may file a claim in bankruptcy against the Chicago, Rock Island and Pacific Railroad Company; and, WHEREAS, the City Council of the City of Iowa'City, Iowa, deems it in the public interest and pursuant to law to assign said Confession of Judgment to the Hawkeye Security Insurance Company. 0 /V! V' NOV, THEREFORr:, BE IT RESOLVED BY THE CITY COuNuIL OF IOWA CITY, IOWA, as follows: 1. That the Judgment on Confession in favor of the City of Iowa City, Iowa, against the Chicago, Rock Island and Pacific Railroad Company, in Cause No. 41495, the hereby assigned to the Hawkeye Security Insurance Company. 2. That the Mayor and City Clerk are hereby authorized and directed to r execute any and all papers in order to carry out the provisions of this Resolution, including the assignment of the Confession of Judgment, a copy of which is attached hereto, and by this reference made a part hereof. It was moved by Foster and seconded by Perret that the Resolution as read be adopted, and upon roll call there were: , AYES: NAYS: ABSENT: x John Balmer X Carol deProsse X L. P. Foster X David Perret X Max Selzer J x Robert Vevera x Mary Neuhauser Carol deProsse - ATTEST: Abbie Stolfus, Clerko Passed and approved this 3rd day of May 1977. R�;:iVED k :. BY THE LEGAL o ys ASSIGNMENT OF MONEY JUMENT The City of Iowa City, Io;aa, hereinafter referred to as assignor, in consideration of the sum of Seventeen Thousand Dollars ($17,000) previously paid by Hawkeye Security Insurance Company, an Iowa corporation hereinafter referred to as assignee, on a judgment obtained against the assignor, does hereby transfer and assign to assignee a certain final judgment recovered by assignor against the Chicago, Rock Island and Pacific Railroad Company in the District Court of the State of Iowa in and for Johnson County on September 21, 1976, for the sum of Four Thousand Dollars ($4,000) with interest as provided by law from September 21, 1976, and costs of Twenty- two Dollars and 70/100 ($22.70), a transcript of which judgment is attached hereto, and all right, title, interest, claim, and demand therein, with full authority to assignee to demand and receive the amount of the judgment and costs to assignee's own use, and on payment of the judgment or any part thereof, to acknowledge satisfaction of or discharge the same. Assignor authorizes assignee to serve out execution and all other legal processes necessary to the enforcement of the judgment, the same to be done at assignee's own costs. Assignor covenants with assignee that there is now due on the judgment the sum of Four Thousand Dollars ($4,000) plus interest from September 21, 1976, and Twenty-two Dollars and 70/000 ($22.70) costs. Assignor has not received and will not receive the amount due on the judgment or any part thereof, and assignor will not discharge or release the judgment. Assignor has not done and will not do anything to hinder or prevent assignee from enforcing the judgment. In witness whereof, I have executed this assignment at Iowa City, Iowa, this 3rd day of May , 1977. AM,4, t/j. Mayor,I'ro Tem, City of Iowa City Clerk, City of\Iowa Cit �7� r IN THE DISTRICT COURT OF IOWA IN AND FOR JOHNSON COUNTY CITY OF IOWA CITY, IOWA, and FP 4.NK SMILEY, Plaintiffs VS. CHICAGO, ROCK ISLAND and PACIFIC RAILROAD COMPANY.. Defendant * 1 -kw ��- or.,m N0. 41495 N o JUDG*LENT ON DC7 CONcESSi�� . nin .c Y �r� Y � n AND NOW, to -wit, on this'a �_)-e day of "r_. 1976, the same being one of the regular days of .the District Court of Iowa in and for Johnson County, the above entitled matter coming on before the Court upon the Stipulated Judgment filed herein by the Plaintiffs and the Defendant by and through their attorneys and the sum hereinafter stated as provided in Chapter 676 of the Code of Iowa. ` IT IS ACCORDINGLY ORDERED ADJUDGED AND DECREED by the Court that the Plaintiffs, City of Iowa City, Iowa, and Frank Smiley, shall have and recover judgment against the Defendant, Chicago, Rock Island and Pacific Railroad Company, in the sum of Four Thousand Dollars ($4,000.00) with interest as provided by law from this date and the costs hereof taxed at'$ a-2-70 B. A. Webster •t�ir Copy to: Jay H. Honoban 330 East Court Street Iowa City, Iowa 52240 B. A. Webster 2600 Ruan Center Des Moines, Iowa 50309 E_ J_ Wo�bacher, Clerk of the District Court Iowa in and for Johnson County STATE OF IOWA ) ) SS COUNTY OF JOHNSON ) On this 3rd day of May, 1977, before me, a notary public in and for said county, personally appeared Carol deProsse and Abbie Stolfus, to me personally known, who being by me duly sworn did say that they are the Mayor Pro Tem and Clerk of the City of Iowa City, Iowa, that the seal affixed to said instrument is the seal of the City of Iowa City, Iowa, and that said instrument was signed and sealed on behalf of the City of Iowa City, Iowa,by authority of its City Council, and Carol deProsse and Abbie Stolfus acknowledged the execution of said instrument to be the voluntary act and deed of said City of Iowa City, Iowa, by it voluntarily executed. r� Notary Public, State of Iowa'''Io 0/''l.Uil 4,V8, 8 RESOLUTION NO. 77-136 RESOLUTION APPROVING CLASS "B" BEER PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class "B" Beer Permit Application is hereby approved for the following named person or persons at the following described location: Triangle Investments, Inc. dba/Godfather's Pizza, 531 Highway 1 West Said approval shall be subject to any conditions or re- strictions hereafter imposed by ordinance or State law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by Balmer and seconded by Selzer that the Resolution as react ee adopted, and upon ro-Er ca there were: AYES: NAYS: ABSENT: Balmer x i deProsse x Foster x Neuhauser x Perret x Selzer x Vevera x Passed and approved this 10th day of May 19 77 a�(7 1&` 744 RESOLUTION NO. 77-137 ION OF APPROV BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class B Beer Sunday Sales Permit application is hereby approved orae rallowing named person or persons at the following described location: Triangle Investments, Inc. dba/ Godfather's Pizza, 531 Highway 1 West, Iowa City Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance of state law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, bond, and all other information or docu- ments required to the Iowa Beer and Liquor Control Department. It was moved by Balmer and seconded by Selzer that the Resolution as read be a op e , and upon roll ca/11 there were: AYES: NAYS: ABSENT: Balmer x deProsse x Foster x Neuhauser x Perret x Selzer x Vevera x Passed this 10th day of May , �9 77 a, 6 -o RESOLUTION N0. 77-138 RESOLUTION TO ISSUE CIGARETTE PERMITS WHEREAS, the following firms and persons have made application, filed the bond, and paid the mulct tax required by low for the Bale of cigarettes and cigarette papers; therefore, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the applications be granted and the cigarette bond now on file in the office of the City Clerk be and the same are hereby approved; and the City Clerk be and he is hereby directed to issue a permit to sell cigarette papers and cigarettes to the following named persons and firms: Triangle Investments, Inc. dba/Godfather's Pizza, 531 Highway 1 West, Iowa City i It was moved by Balmer and seconded by Selzer that the Resolution a-s--r-eaT be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Balmer x deProsse x Foster x Neuhauser x Perret x Selzer x Vevera x Passed this 10th day of May , 19 77 CZS/ RESOLUTION NO. 77-139 RESOLUTION FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF $3,015,000 GENERAL OBLIGATION BONDS (FOR AN ESSENTIAL CORPORATE PURPOSE) OF IOWA CITY, IOWA, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF WHEREAS, it is deemed necessary and advisable that the City of Iowa City, Iowa, should issue General Obligation .Bonds to the amount of $3,015,000 as authorized by Section 384.25, of the City Code of Iowa, for the purpose of providing funds to pay costs of carrying out an essential corporate purpose project as hereinafter described; and WHEREAS, before said bonds may be issued, it is necessary to comply with the provisions of said Code, and to publish a < notice of the proposal to issue such bonds and of the time and place of the meeting at which the Council proposes to take action for the issuance of the bonds and to receive oral and/or written objections from any resident or property owner of said City to such action; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: Section 1. That this Council meet in the Council Chambers in the Civic Center, at Iowa City, Iowa, at 7:30 o'clock P. M., on the 17th day of May , 1977, for the purpose of taking action on the matter of the issuance of $3,015,000 General Obligation Bonds for an essential corporate purpose of said City, the proceeds of which bonds will be used to provide funds to pay costs of construction and reconstruction of street improvements, side- walks, traffic control devices, sanitary sewers and waste water treatment facilities, reconstruction and repair of bridges including costs in connection with waste water treatment facility study, Muscatine Avenue Improvement Project, Sycamore and Highway #6 Intersection Improvement Project, East-West One Way Couplet Project #2, Mormon Trek Boulevard Improvement Project, City Bridge Repair Project, Riverside and Benton Intersection Improvement Project and Central Business District Streetscape Improvement Project, separately and in combination an essential corporate purpose. Section 2. That the Clerk is hereby directed to cause at least one publication to be made of a notice of said meeting, in a legal newspaper, printed wholly in the English language, published at least once weekly, and having general circulation in said City, said publication to be not less than four clear days nor more than twenty days before the date of said public meeting on the issuance of said bonds. Section 3. The notice of the proposed action to issue said bonds shall be in substantially the following form: By ThQ Legal D:p:rtaz.w -3- -- AHLERS. GOONEY. DORWEILER. HAYNIE & SMITH. LAWYERS. DES MOINES, IOWA The meeting was called to order by --CarQ)—Nl—deProR%e,—Magor Pro Tem, and on roll call the following Council Members were present: Balmer, deProsse Foster. Perret,_ Selzer, Vevera Absent: Neuha Council Member Balmer introduced the following Resolution entitled "RESOLUTION FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF $3,015,000 GENERAL OBLIGATION BONDS (FOR AN ESSENTIAL CORPORATE PURPOSE) OF IOWA CITY, IOWA, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF", and moved that the same be adopted. Council Member Selzer seconded the motion to adopt. The roll was called and the vote was, AYES: Balmer, deProsse, Foster. Perret, Selzer, Vevera NAYS: none ABSENT: Neuhauser Whereupon, the Mayor declared the resolution duly adopted as follows: -2- AHLERS. COONEY. DORWEILER. HAYNIE d SMITH. LAWYERS. DEB MOINES. IOWA NOTICE OF MEETING OF THE COUNCIL OF THE CITY OF IOWA CITY, IOWA, ON THE MATTER OF THE PROPOSED ISSUANCE OF $3,015,000 GENERAL OBLIGATION BONDS (FOR AN ESSENTIAL CORPORATE PURPOSE) OF SAID CITY, AND THE HEARING ON THE ISSUANCE THEREOF PUBLIC NOTICE is hereby given that the Council of the City of Iowa City, Iowa, will hold a public hearing on the 17 day ofr'ay , 1977, at 7:30 Fr -lock clock p. M. 1n the Council Chambers of the Civic Center, in Iowa C ti y, Iowa, at which meeting the Council proposes to take additional action for the issuance of $3,015,000 General Obligation Bonds for an essential corporate purpose of said City, in order to provide funds to pay costs of construction and reconstruction of street improvements, sidewalks, traffic control devices, sanitary sewers and waste water treatment facilities, reconstruction and repair of bridges including costs in connection with waste water treatment facility study, Muscatine Avenue Improvement Project, Sycamore and Highway #6 Intersection Improvement Project, East-West One Way Couplet Project #2, Mormon Trek Boulevard Improvement Project, City Bridge Repair Project, Riverside and Benton Intersection Improvement Project and Central Business District Streetscape Improvement Project, separately and in combination an essential corporate purpose. At the above meeting the Council shall receive oral or written objections from any'resident or property owner of said City, to the above action. After all objections have. been received and considered, the Council will at this meeting or at any adjournment thereof, take additional action for the issuance of said bonds or will abandon the proposal to issue said bonds. This notice is given by order of the Council of Iowa City, Iowa, as provided by Section 384.25 of the City Code of Iowa. Dated this 11th day of May 1977. + Clerk City of Iowa City, Iowa (End of Notice) PASSED AND APPROVED, this 10th 1977. ATTEST: day of May 1 -4- AHLERS. COONEY. DORWEILER. HAYNIE & SMITH. LAWYERS. DES MOINES. IOWA May 10 , 1977 The Council of Iowa City, Iowa, met on the above date, in regular session, pursuant to law and the rules of said Council, and in accordance with the terms of a notice of meeting, a copy of which was timely served on each member of the Council and accepted in writing by each member thereof, said notice of meeting being as follows: NOTICE May 10 , 1977 TO: Balmer, deProsse, Foster, Neuhauser Perret, Selzer, Vevera Council Members Iowa City, Iowa You are hereby notified that a meeting of the Council will be held on the 10th day ofriay 1977, at the Council Chambers, Civic Center in Iowa City, Iowa, at 7:30 o'clock P.M., for the purpose of considering the adoption of a ResolutI—on Fixing Date for a Meeting on the Proposition of the Issuance of $3,015,000 General Obligation Bonds (essential corporate purpose) of Iowa City, Iowa, and Providing for Publication of Notice Thereof, and for such other business in connection therewith as may come before the meeting. Respectfully submitted', s/Mary C. Neuhauser Mayor Service of the foregoing notice is hereby acknowledged: s/John Balmer s/Carol deProsse s/L. P. Foster s/David Perret s/Max Selzer s/Robert Vevera -1- AHLERS, COONEY, DORWEILER. HAYNIE S SMITH, LAWYERS, DES MOINES, IOWA RESOLUTION NO. 77-140 �i.e�.C�xttazt pf C�mnzite�tt#toxt ,whereas, GLENN E. STIMMEL submitted a resignation from the service of the City of Iowa City effective May 1, 1977 and 04eretts, the said GLENN E. STIMMEL as an employee of the IOWA CITY FIRE DEPARTMENT has given the City of Iowa City of dedicated service, from Feb. 1, 1947and XIlereas, the City Council wishes to commend the said GLENN E. STIMMEL for said service. Xafu $Illerefore he it Fesat62b bu %IF Qlftg &Mttil of c3afita (gag, C'ja*x 1. That the City Council of Iowa City, Iowa hereby commends GLENN E. STIKEL for meritorious service in the FIRE DEPARTMENT of the City over the years 2. That the City Council extends the gratitude of the City to the said GLENN E. STIMMEL for his service. 3. That the Mayor and City Clerk are hereby authorized and directed to certify a copy of this resolution to GLENN E. STIMMEL It was moved by Vevera and seconded by Selzer that the Resolu- tion be adopted. Ex"M VA -01 Passed and this 10th ,Ayes: Perret, Selzer, Vevera Balmer, deProsse, Foster. MAYOR Pro Tem approved day of May, 1977, Nays: none. Absent: Neuhauser. RESOLUTION NO. 77-141 RESOLUTION CERTIFYING TREE REZUVAL TO COU\M AUDITOR. ,.- WMREM, the City of Iowa City, Iowa, implemented the removal of a dead tree in accordance with Section 364.12(3)(b), Iowa Code 1975. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the City Clerk be and is hereby authorized and directed to certify the attached tree remval to the County Auditor for collection as regular taxes as by statute provided. It was moved by Balmer and seconded by Foster that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x deProsse x Foster X Neuhauser x Perret X Selzer X Vevera Passed and approved this 10th day of Mav , 1977' Payor Pro Tem ATTEST: City Clerk RECEIM 12P'O:TD BY THE LEGAL DDI?ARTMENT lA1�7 a,57 (mss) xxaTO �rO 'LL6T W 3o AuP ZFTT sTgp )14T0 emoI '3e Pa4eQ •PaPTnoad a4ngegs Aq se 'saxe-; XeTn az Se uOTWaTT00 aoj zo}Tpnv Aq mo0 air4 o} PaT;Tazao eq sTenoua3 9az3 Pagoe34e ag} }eq} 40axTP Pue azTaOq}ne PTP TT=00 Pres 91P 'LL61 'APH ;o AvP 'ROT aqq uo PTaq 'WADI 'A'4T0 en,OI ;o TTOMOO aLn JO buT4aau a'4e netT4 A3i4.ze0 Agazall OP 'Pm0I 30 94E4S 'uosutpr ;o A%un00 'F4TO eNDI 30 F4TO 91n ;o xaTO 'sn3To39 a?ggV 'I i NOSNHOP dO AJ,EM SS I C vmi do aLvls h'NAI 'A moo NOSNHOP dO HOSIUnV ASL OD aU HSIM =a aw '6MOI 'Alio wi ao )i= au Aa amN aH OL S VACLI 1 aazLL do Alar! do aL' idIJ2m I& Tree Removal of -------------------------- John F. Lee, 615 E. Jefferson Amount ----- —--- ----- -------- --------- ------ $30.00 Description of Property --------- Coinvencing at a point 1174.42 feet east of the southwest corner of the northwest quarter of Section 13, in Township 79 North, Range 6 West of the 5th P.M. thence east 134.6 feet, thence north parallel with the west line of said section 971 feet, thence west 134.6 feet, thence south 971 feet to the place of beginning. a.5 9 RESOLUTION NO. 77-142 RESOLUTION APPROVING FY '78, '79, '80 OFFICIAL REPORT OF MUNICIPALITIES FOR '1111' STREET CONSTRUCTION PROGRAM FROM JULY 1, 1978 TO JUNE 30, 1980 BE IT RESOLVED BY TFIE CITY COUNCIL OF IOWA CITY, IOWA, JOHNSON COUNTY, IOWA, that the Official Report of Municipalities for Street Construction Program from July 1, 1978 to June 30, 1980 be approved. It was moved by fes -tom i- and seconded by Sa /rn e r that the Resolution as read e adopted, and upon roll call there were: AYES: NAYS: ABSENT: x BALMER x dePROSSE x FOSTER x NEUHAUSER x PERRET x SELZER x VEVERA Passed and approved this 10th day of May 1977. 0a,,, -P- 0. Mayor Pro Tem --City Clerk Received $ Approved ay The Legal Department 1060 . _ IOWA U-EPARTMENT OF TRANSPORTATION of IPS FORM 220001 2-77 +� N�'� i s • o�.z rows OFFICIAL MUNICIPALITY REPORT F O,R STREET CONSTRUCTION PROGRAM MUNICIPALITY Iowa City COUNTY Johnson FROM JULY 1, 1977 TO JUNE 30, 1978 1, Abbie S tolfus , city clerk of the municipality of Iowa City , do hereby certify that the city council has by resolution approved this official report as its fiscal 1978 Street Construction Program this 10 th day of May 1977. City Clerk Mailing Address 410 E. Washington Street Daytime Phone No. 319 /354-1800 Office Hours 8:00-5 :00 M—F (Area Code) MEMBERS OF THE COUNCIL Mary Neuhauser Mayor j John B Carol deProsse P. David Pe Max Selzer Robert Vevera On or before June 10, 1977, two copies of this report shall be filed with the Iowa Department of Transportation. '?6 / DISTRIBUTION: White -State Copy: Yellow -City Copy: Pink -District Copy. IOWA DEPARTMENT OF TRANSPORTATION FORM 220002 2.77 STREET CONSTRUCTION PROGRAM FOR JULY 1, 191Z_TO JUNE 30, 19-Za- NO. YEAR STREET NAME PROJECT LIMITS FROM TO SYSTEM EXISTING SURFACE TYPE OF CONSTRUCTION 1. 1977 Misc. Lo afions 50%-50% As halt P As halt Sealinp, Pro r. 2. 1977 Misc. Lo ations 50%-50% p, C. C. Concrete Repair Pro rl 3. 1977 Misc. Lo ations 50%-50% P.C.C. Mudjackin>z Program 1. DISTRIBUTION: White -State Copy; Yellow -City Copy; Pink -District Copy. R:U.T. SHEET 1 OF CITY —Iowa City COUNTY Johnson PROJECT TO' LENGTH ESTW' ) COST 50,000 10,000 ?0,000 IOWA DEPARTMENT OF TRANSPORTATION FORM 220002 2-77 NO. I YEAR STREET NAME STREET CONSTRUCTION PROGRAM FOR JULY 1, 19 78 TO JUNE 30, 19_$Q_ FY 79 & 80 PROJECT LIMITS FROM TO SYSTEM I EXISTING SURFACE 50%-50% Asphalt sc. Lo ationssc. P.C.C. 50%-50% P.C.C. Lo ationsc. 50%-50% P.C.C. Lo ationsc Lac K tionsc. Lo ationsc. Lo ations SYSTEM I EXISTING SURFACE 50%-50% Asphalt 50%-50% Asphalt 50%-50% P.C.C. 50%-50% P.C.C. 50%-50% P.C.C. 50%-50% P.C.C. DISTRIBUTION: White -State Copy; Yellow - City Capy; Pink -District Copy. TYPE OF CONSTRUCTION Asphalt,Sealing Program Asphalt Sealing Program Concrete Repair Program Concrete Repair Program Mudjacking Program Mudjacking Program R:U.T. - SHEET 2 OF 2 CITY Iowa city COUNTY Johnson PROJECT TO'. LENGTH ESTI__i COST '50 z 1-0- 20 020 ,C ?0.0 C le.. RESOLUTION N0. 77-143 RESOLUPICN AUTHORIZING E}OX,'UTION OF AGREEDffNP WITH UIE STATE OF IOWA WHEREAS, the City of Iowa City, Iowa, has negotiated an agreement with the State of Iowa , a copy of said agreement being attachedto s Resolution s reference made a part irs t f, and, WHEREAS, the City Council deems it in the public interest to enter into said agreement for Federal Aid to Urban System Project for the Mormon Trek improvement project between Benton Street and the south City litits. NOW, TBEREFORE, BE IT FFMLVED BY THE CITY COUNCIL: 1. That the Mayor and City Clerk are hereby authorized and directed to execute the agreement with the State of Iowa 2. That the City Clerk shall furnish copies of said agreement to any citizen requesting same. It was moved by Balmer and seconded by . Foster the Resolution be adopted, and upon roll call there umm: AYES: NAYS: ABSENT: I x NEUHAUSER Passed and approved this I W ' ATTEST I/ •'City Clerk SELZER MAN 10th day of May 1977. , Mayor Pro Tem Received & Approved By The Legal Dapartrn_nt �76 _ V� DEPARTMENT OF TRANSPORTATION AGREEMENT FOR FEDERAL AID URBAN SYSTEM PROJECT City: Iowa City County: Johnson Project No: Ni -4039(1)--81-52 Iowa Department of Transportation Agreement No: 77-F-097 WHEREAS, pursuant to Sections 306A.7 and 306A.8, 1975 Code of Iowa, the City of Iowa City , hereinafter called the CITY, and the Iowa Department of Transportation, Highway Division, hereinafter called the STATE, may enter into an agreement respecting the financing, planning, establishment, improve- ment maintenance, use or regulation of public ways in these respective jurisdictions, and it is their opinion that the improvements in the traffic carrying capacity of the many streets is necessary and desirable, and WHEREAS, the Congress of the United States has provided for the Federal - aid Urban System, hereinafter called FAUS, and Congress has made funds available through the Federal Highway Adminis- tration, hereinafter called the FHWA, for improvement to the FAUS, these funds being administered by the STATE, and WHEREAS, the STATE has established *Policy 2707 to effectively administer the FAUS program in Iowa, and WHEREAS, FAUS funding is available, subject to the limitations stated in*Policy 2707, for reimbursement of up to seventy percent (70%) of the costs relating to an improvement on the FAUS and local funds are to be used for the remainder of the improvement costs, a minimum of thirty percent (30/), and WHEREAS, the CITY has requested eligible reimbursement from FAUS funds for construction costs, associated with said improve- ments, and WHEREAS, thhe C'PY propposes to improve FAUS route no. `+039 (Mormin trek Blvd. from Unton Street south 2b13 feet to the- south corporation line by construction of a four -lane fccility. NOW, THEREFORE, BE IT AGREED: 1. The attached standard EXHIBIT I is hereby made a part of this Agreement. * Policy ?707 has been revised to Policy 820.01. The contents of the policy has not been changed. Received R Apnrcved By The Legal Department dl< 57(Lf-� :J 6,5— lows City Agreemont No. 77-F-097 Page 2 11,E CITY shall prohibit parking of any tiuchin the limits of the project. Any chant': Ln "_h" p-�!,zns regulation must be approved by the STATL L�nd FHWA. Th6 atteched Standard EXHIBIT II is hereby made a part of this egre-ement. -- IN WITNESS WHEREOF, each of the parties hereto has executed Agreement No. 77-F-097- as of the date shown opposite its signature below. City of pIowaq City By 1CJ1 5 C, l lJ. Gr l.�//L� May 10 1977 Title Mayor Pro Tem I, Abbie Stolfus CITY, and that certify that I am the Clerk of the Carol W. deProsse , who signed said Agreement for and on behalf of the CITY was duly authorized to execute the same by virtue of a formal Resolution duly passed and adopted by the CITY, on the 10th day of May , 1977 Signed City Clerk of Iowo City Iowa Da to 11 1977 IOWA DEPARTMENT OF TRANSPORTATION Highway Divisio By z�- =-C. _ ���r� �� 197 Director-'hief Engineer Date 7 EXHIBIT I Standard Provisions For FAUS Project Agreement Section 1. Since this project is to be financed with local and Federal funds, the CITY shall take whatever actions may be necessary to comply with applicable State and Federal laws and regulations. Section 2. The CITY will take the appropriate actions and prepare the necessary documents to fulfill the requirements of Federal Aid Highway Program Manuals, Volume 7, Chapter 7, Section 2, Environmental Impact and Related Statements; and Volume 7, Chapter 7, Section 5, Public Hearings and Location/Design Approval. Section 3. The STATE will obtain the necessary A-95 clearance from the State Office for Planning and Programming. The CITY shall obtain and submit to the STATE the necessary A-95 project clearance statement from the Areawide Clearinghouse. Section 4. The CITY shall secure approval required by the Iowa Natural Resources Council (INRC) for construction in or on any floodway or floodplain. Section 5. The CITY will prepare the construction plans, specifications and estimates. The design will conform to Design Standards for Federal -aid projects as set forth in Volume 6, Chapter 2, Section 1, Subsection 1 of the Federal Aid Highway Program Manual. The project will be. constructed under the STATE standard specifications and current applicable special provisions. Applicable CITY specifications with prior approval by the STATE and FHWA, may be used for items not specifically covered by STATE specifications. Section 6. The CITY shall complete the necessary actions as required by Chapter 384.102, Code of Iowa, and shall certify completion of.the provisions required. This certification shall be submitted to the STATE prior to the STATE approval to aware the contract. Section 7. The CITY shall forward the FAUS project certification, final plans, specifications and project estimate (PS&E) to the STATE. The STATE will submit the PS&E documents for FHWA approval to advertise for bids. M Section 8. Upon receipt of FI IWA approval the project may be let by the C 1 Y in accordance. with*Policy 2707 Section 3.c. or the CITY may requost the STATE to hold the letting. The CITY shall be the contiactinq authority under each of the following arrangements. a. If the CITY holds the project letting, the CITY will advertise the lolling, conduct the letting and determine the low bid. Projects shall require bidder prequalification by the STATE in accord with STATL Specification 1102. The CITY shall only issue bid proposal forms to contractors who have been prequalified by the STATE as applicable. The CITY shall submit copies of all bid proposals, a tabulation of all bids received on STATE tabulation forms to the STATE, along with a City Council Resolution for acceptance or rejection of the low bid and will certify that all prospective bidders have acknowledged receipt of all addendums issued for the letting. b. If the STATE holds the project letting, the STATE will follow normal project letting procedures. After bids are received and opened, the STATE will furnish the CITY with a tabulation of all bid proposals. The CITY, by Council Resolution, will act on the bids received and will furnish the STATE with a copy of the Resolution. Section 9. The STATE will review the bid tabulations and proposals and will prepare a DOT order for concurrence to award the contract. Section 10. The STATE will forward the necessary documents to the FHWA to secure approval to award the contract. After receipt of FHWA approval, the STATE will notify the CITY, The CITY shall enter into a contract with the contractor, secure his performance bond and certificate of insurance. Section 11. The CITY shall forward to the STATE copies of the contract, bond and insurance certificate. The STATE will prepare the Detail Project Agreement and submit it for FHWA approval and obligation of Federal -aid funds. Section 12. The CITY shall comply with the procedures and responsibilities for materials testing and construction inspection set forth in paragraph M.C.3.d. of Policy 2707. The STATE will bill the CITY for testing services according to its normal policy. Section 13. The CITY shall comply with the procedures and responsibilities for contract payments set forth in paragraph VI.C.3.e. of*Policy 2707. The * Policy 2707 has been changed to Policy 820.01. The contents of the policy have not been changed. ;6 9 following documents shall be submitted by the CITY to the STATE District Office at the completion of the project: a. Form PR -47 Statement of Materials and Labor used by Contractors on Highway Construction Involving Federal funds. b. Form 181014 - Certification of Wages and Payroll c. Form 181210 - Final Estimate of Road or Bridge Work d. Form 830435 - Certificate of Completion and Final Acceptance of Work. e. Form 830436 - Final Payment f. Invoice and Proof of Payment (a billing to the STATE for FAUS funds, copy of cancelled warrants and City Council Resolution) Section 14. The CITY will effect whatever steps may be required to legally establish the grade lines of the new highway facilities constructed under said project, and shall pay or cause to be paid all damages resulting therefrom, all in accordance with the provisions of Section 364.15 of said Code of Iowa. Section 15. The CITY shall effectuate all relocations, alternations, adjustments, or removals of utility facilities, including power, telephone and telegraph lines, water mains and hydrants, curb boxes, sanitary sewers, and related poles, installations and appurtenances, whether privately or publicly owned, and all parking meters, traffic signals and other facilities which are located within the limits of an established street or alley and which will interfere with construction of the project. Except as otherwise herein provided, the CITY shall take all necessary legal action to discontinue and prohibit any use of the project right of way for business purposes including, but not limited to, gas pumps, storage tanks, theater ticket sales, drive-in services, etc. I lowever, awnings, canopies, marquees, advertising signs, and similar installations which were in place prior to the date of this Agreement and which facilities are supported entirely from outside said project right of way may be permitted to remain if, in the opinion of the STATE, they do not obstruct the view of any portion of the public highway or street, or traffic control devices located thereon. Any subsequent changes in, or new construction or reconstruction of, such installations of facilities shall fully comply with STATE requirements pertaining to new construction. Section 16. Subject to the provisions of Section 15 hereof, the CITY shall prevent any future encroachment or obstruction within the limits of Project right of way, and shall prevent the erection of any private signs on said right of way or which obstruct the view of any portion of said highway, street or railroad track, or the traffic signs or traffic control devices located thereon in such a manner as to render them dangerous within the meaning of Section 319.10 of said Code of Iowa. a 76 Section 17. The CITY shall maintain all books, documents, papers, accounting records, reports and other evidence pertaining to costs incurred for the project and make such material available at all reasonable times during the construction period and for three years from the date of final Federal reimbursement, for inspection by the STATE, FHWA, or any authorized representatives of the Federal Government and copies of said materials shall be furnished if requested. Section 18. The CITY shall maintain the completed improvement or shall provide other acceptable means for assuring proper maintenance. Section 19. Any traffic control devices, signing, or pavement markings installed within the limits of this project shall conform to the "Iowa Manual on Uniform Traffic Control Devices for Streets and Highways." Section 20. Implementation of Clean Air Act and Federal Water Pollution Control Act (Applicable to Contracts and Subcontracts which exceed $100,000): a. The CITY stipulates that any facility to be utilized in performance under or to benefit from this agreement is not listed on the Environmental Protection Agency (EPA) List of Violating Facilities issued pursuant to the requirements of the Clean Air Act, as amended, and the Federal Water Pollution Control Act, as amended. b. The CITY agrees to comply with all of the requirements of Section 114 of the Clean Air Act and Section 308 of the Federal Water Pollution Control Act, and all regulations and guidelines issued thereunder. c. The CITY stipulates as a condition of Federal aid pursuant to this agreement it shall notify the STATE of the receipt of any advice indicating that a facility to be utilized in performance under or to benefit from this agreement is under consideration to be listed on the EPA List of Violating Facilities. a �71 EX,11131T II City Construction Inspection Since the CI1 Y drsims to be, reimbursed up to the maxiinunt amount allowable fur project inspection expense, the. CITY will, in the first instance, bear the entire cost of said project inspection, the STATL will, upon receipt of final mquirod project documents and a final itemized estimate of project inspection costs (in 7 counterparts), make payments in the amount of 9016 of the eligible costs prior to the roquired audit by the STATE and Federal Highway Administration; and after such audit shall make final payment in an amount so that the total payments will equal the amount found to be eligible for Federal Participatinn by the final audit. The CITY will promptly, upon written request, reimburse the STATE in the amount of any justifiable exceptions taken by the STATE or Federal audit which may exceed the amount witheld. For reimbursements made to the CITY by the STATE, special reference is made to STATE Accounting Policy and Procedures Manual, Chapter XV, Audits of Contracts with Second Parties, a copy of which is attached and marked Exhibit I I -A. 2. Compliance with Title VI of the Civil Rights Act of 1964 - During the performance of the "project inspection" the CITY, for itself, its assignees and successors in interest, agrees as follows: A.Complfance with Regulations The CITY will comply with the regulations of the Department of Transportation relative to nondiscrimination in federally -assisted programs of the Department of Transportation (Title 49, Code of Federal Regulations, Part 21, hereinafter referred to as the "Regulations"), which are herein incorporated by reference and made a part of this Agreement. B. Nondiscrimination: The CITY, with regard to the work performed by it after award and prior to completion of the contract work, will not discriminate on the grounds of race, color or national origin in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The, CITY will not participate., either directly or indirectly, in the discrimination prohibiter! by Section 21.5 of the Regulations, including employment practices when the Agreement covers a program set forth in Appendix "A", "R" and "C" of the Regulations. a 19 C.Solicitations for Sub -contracts, inclmlinq pu--.ownmenl of r,faterials and Equipment In all solicitations, nilhms by conipehhve huldmq or n(igotialion inade by the Cl FY for work to be performed under a sub-conhacl, including prncurernent of materials or equipment, each potential subcontractor or supplier shall be notified by the CITY of the CITY's obligations under this Agmmmenl and the regulations relative to nondiscrimination on the grounds of race., color or national origin. D.Information and Reports: The CITY will provide, all information azul reports required by the regulations, or orders and instruction issued pursuant thrrelo, and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the STATE or the Federal Highway Administration to be pertinent to ascertain cnmpliano) with such regulations, orders and instructions. Whorc any information required of the CITY is in the, exclusivp possession of another who fails or refusms to fin-nish this information, the CITY shall so testify to il.STATE, or the FHWA, as appropriate, and shall set forth what offorts it has made, to obtain the information. E.Sanctioos for Noncompliance: In thin event of the. CITY's noncompliance with the, nondiscrimination provisions of this Agreement, the SLATE shall impose such sanctions as it or the FIIWA may determine to be appropriate, including, NO nM limited to: (a) Withholding of payments to the CITY under the Agreement until the CIIY complies, and/or (b) Cancellation, termination or suspension of the Agreement, in whole or in part. F. Incorporation of Provisions: The CITY will include the provisions of Paragraph A through F in every subcontract, including procurements of materials and leases of equipment, unless exempt by the regulations, orders or instructions issued pursuant thereto. The CITY will take such action with respect to any subcontract or procurement as the STATE or FHWA may direct as a means of enforcing such provisions, including sanctions for noncompliance,, provided, however, that in the event 'the CITY becomes involved in, or is threatener) with, litigation with a subcontractor or supplies as a result of such direction, the CITY may request the STATE to enter into such litigation to protect the interests of the STATE and/or CITY and, in addition, the CITY may request the United States to enter into such litigation to protect the interests of the United States. 0? 73 G.Accessto Records: The CITY shall maintain all books, documents, papers, accounting records and other evidence pertaining to cost incurred and to make such materials available at their respective offices at all reasonable times during the construction period and for three years from the date of final payment for engineering costs, for inspection by the STATE, FHWA or any authorized representatives of the Federal Government and copies thereof shall be furnished if requested. -1 u� -; ?I� durwu idea Ie6aj aqj Aq 1:c,. -.eddy 1V PaAlaaaa SzaTO Ag?O :Zsme uia,L o.zd zO, eUw •LL6T ' Aeys 3o App ggOT s?LF4 panoadde put Passed 2IHz'IHS x im2d x UgSnVHfIM4 x IMSOd x HSSO2idaP x $ x :U1 j fl'd ssmm `s,2a :aam azagq TTS TToz uodn pm 'pagdopm eq uorgnTosea W4 JE)-4soa Aq papuooes pue .zaulTeg Aq Paeou: seM gI •aures bupsenbea uaz?g?o Aue oq gusulaa=6 p?es ;o sa?doo gs?uan; TTS VOTO Ag?O MR qELU 'Z saauusTd Pue Saaaut ug unurx $ sa;SUGGA g4TM;uauoa Y73— atU4 agnoexe oq Pa z?P Pue Paz?zapgne Agaxaq aze XxaT� Aq?� Pue zodew atI} }eqI 'T VIlxlflOO ALIJ MU A8 QJA' S -M SS SII 'MKX9H MU 'MON •sa?pngs aaggo pus Zu?Tsag aKouu pus uo?s?AaTal paTts4ap ?op ao; Apr4S uo?gsnTsna mos s aanlas aq; ao;�uaucaaakt pies oquF x.y4ue oq gsaxaqui o?Tgnd agg ur g? Mu P T?=o"J Ag?O agg 'Svmra M 'Pum a apew aouasa;az sigg Aq Pue uo?gnTosag sTgq oq pa eggm bupq guawaa s Prins ;o Adoo e 'SaauusTd pus saaau?2?u9 'uutx $ sagsuaan ggTm queue page?gobau seg 'enol 'A??J e4oI go ?O a 'SdHiiMiM S2IHNNV'Id CNV SEMISNH `k&U)I QNV VUSNERA RUM JN2,29MV M NOT.rnxa M miziHOHinv NOIS1nossu 66T -LL •ON NOIddPIOSM RESOLUTION NO. 77-145 RESOLUTION PROHIBITING PARKING ON BOTH SIDES OF WALNUT STREET FROM TI -IE INTERSECTION OF WALNUT' STREET WITH WEBSTER STREET EAST TO A POINT 100 FEET EAST OF THE WEBSTER STREET - WALNUT STREET INTERSECTION WHEREAS, the Ordinances of the the City Council to prohibit parking and City of Iowa City, Iowa, allow by resolution on designated streets, WHEREAS, the City Council deems it in the public interest to prohibit parking on both sides of Walnut Street from the intersection of Walnut Street with Webster Street east to a point 100 feet east of the Webster Street - Walnut Street intersection. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA: 1) That parking is hereby prohibited on both sides of Walnut Street from the intersection of Walnut Street with Webster Street east to a point 100 feet east of the Webster Street - Walnut Street intersection. 2) That the City Manager is hereby authorized and directed to cause appropriate signs to be posted to effectuate the provisions of this Resolution. It was moved by Foster and seconded by that the Resolution as read e adopteEr, and upon roll ca t ere were: AYES: NAYS: ABSENT: x BALMER x dePROSSE x FOSTER x NEUHAUSER x PERRET x SELZER Reeaived 8 Approved SRA By The Legal Ds artment sG Resolution No. 77 Page 2 Passed and approved this 10th day of May , 1977. Mayor Pro Tem Attest: City Clerk 6� 77 RESOLUTION NO. 77-146 RESOLUTION PROHIBITING PARKING ON THE WEST SIDE OF LEXINGTON AVENUE FROM THE INTERSECTION OF LEXINGTON AVENUE WITH RIVER STREET NORTH TO THE INTERSECTION OF LEXINGTON AVENUE WITH PARK ROAD FROM 8:00 A.M. TO S:00 P.M. MONDAY THROUGH FRIDAY WHEREAS, the Ordinances of the City of Iowa City, Iowa, allow the City Council to prohibit parking by resolution on designated streets, and WHEREAS, the City Council deems it in the public interest to prohibit parking on the west side of Lexington Avenue from the intersection of Lexington Avenue with River Street north to the intersection of Lexington Avenue with Park Road from 8:00 A.M. to 5:00 P.M. Monday through Friday. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA: 1) That parking is hereby prohibited on the west side of Lexington Avenue from the intersection of Lexington Avenue with River Street north to the intersection of Lexington Avenue with Park Road from 8:00 A.M. to 5:00 P.M. Monday through Friday. 2) That the City Manager is hereby authorized and directed to cause appropriate signs to be posted to effectuate the provisions of this Resolution. It was moved by Foster and seconded byBalmer that the Resolution as reade a opte , and upon roll ca t ere were: AYES: NAYS: ABSENT: x BALMER x dePROSSE X FOSTER x NELMUSER x PERRET x SELZER Received & Approved X VEVERA By The Legal Department dK s//� 7 �-)'79 r Resolution No. 1 .46 Page 2 Passed and approved this loth day of May 1977 Attest: a �, City Clerk Mayor Pro Tem X79 /Lt-. RESOLUTION NO. 77-147 RESOLUTION APPROVING CLASS C LIQUOR CONTROL LICENSE APPLIMIM BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Liquor Control License application is hereby approve�For the following named person or persons at the following described location: Spayer & Co., Ltd. dba/The Airliner, 22 South Clinton Said approval shall be subject to any conditions I or re- strictions hereafter imposed by ordinance or State law. The City Clerk shall cause a recommendation for approval to he endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond, sketch of the premises and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by Foster and seconded by ep that the Resolution ass re'�e adopted, and upon—roll call there were: AYES: NAYS: ABSENT: Balmer x deProsse x Foster x Neuhauser x Perret x Selzer x Vevera x Passed and approved this 17th day of May 19 77 R _? Pi) RESOLUTION N0. 77-148 RESOLUTION SETTING PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE COLLEGE/DUBUQUE MALL -STORM AND SANITARY SEWER PROJECT DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECT- ING CITY ENGINEER TO PLACE SAID PLANS, ETC., ON FILE FOR PUBLIC INSPECTION. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That a public hearing on the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project is to be held or. the 24th day of May , 19 77 , at 7:30 P.M. in the Council Chambers, Civic Center, Iowa City, Iowa. 2. That the City Clerk is hereby authorized and directed to publish notice of the public hearing for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the city, not less than four (4) nor more than twenty (20) days before said hearing. 3. That the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project are hereby ordered placed on file by the City Engineer in the office of the City Clerk for public inspection. It was moved by Foster and seconded by dpPrncca that the Resolution as read be adopted, and upon roll call there were: A?ES: NAYS: ABSENT: x BALMER x dePROSSE x FOSTER x NEUHAUSER x PERRET x SELZER x VEVERA Passed and approved this 17th day of May ID&WLAbIl Mayor 19 77 A=T: City Clerk p4 Received L' Aqprova- g7g_ga 5V j rt Z1 asi RESOLUTION NO. 77-149 RESOLUTION SETTING PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF SIX STORM WATER MANAGEMENT PROJECTS ON RALSTON CREEK DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECT- ING CITY ENGINEER TO PLACE SAID PLANS, ETC., ON FILE FOR PUBLIC INSPECTION. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That a public hearing on the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project is to be held on the 31stday of May , 19 77 , at 7:30 P.M. in the Council Chambers, Civic Center, Iowa City, Iowa. 2. That the City Clerk is hereby authorized and directed to publish notice of the public hearing for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the city, not less than four (4) nor more than twenty (20) days before said hearing. 3. That the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project are hereby ordered placed on file by the City Engineer in the office of the City Clerk for public inspection. It was moved by Foster and seconded by deProsse that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x BALMER x dePROSSE x FOSTER x NEUHAUSER x PERRET x SELZER x VEVERA Passed and approved this 17th day of May 1977 Mayor ATTEST. Received & Approved City Clerl Byee Jugal Depart int a F-{� S 1 l''�ll RESOLUTION NO. 77-150 RESOLUTION INSTITUTING PRO- CEEDINGS TO TAKE ADDITIONAL ACTION FOR THE ISSUANCE OF $3,015,000 GENERAL OBLIGATION BONDS WHEREAS, pursuant to notice published as required by law, this Council has held a public meeting and hearing upon the proposal to institute proceedings for the issuance of $3,015,000 General Obligation Bonds for the essential corporate purpose of construction and reconstruction of street improvements, sidewalks, traffic control devices, sanitary sewers and waste water treatment facilities, recon- struction and repair of bridges including costs in connection with waste water treatment facility study, Muscatine Avenue Improvement Project, Sycamore and Highway #6 Intersection Improvement Project, East-West One Way Couplet Project #2, Mormon Trek Boulevard Improvement Project, City Bridge Repair Project, Riverside and Benton Intersection improvement Project and Central Business District Streetscape Improvement Project, separately and in combination an essential corporate purpose; and has considered the extent of objections received from residents or property owners as to said proposed issuance of bonds; and, accordingly the following action is now considered to be in the best interests of the City and residents thereof: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: Section 1. That this Council does hereby institute proceedings and takes additional action for the sale and issuance in the manner required by law of $3,015,000 General Obligation Bonds for the foregoing essential corporate purpose. Section 2. That the City Attorney and Bond Counsel are directed to prepare the necessary proceedings to authorize the issuance of said bonds and the necessary proceedings and publication of notice for the sale thereof and to submit the same for review and action by this Council. Subject to the approval of said documents by this Council, the Clerk is directed to arrange for the publication and dissemination of said notice of sale. For the purposes of approval of said documents and the fixing of a date for the sale of said bonds, this meeting is hereby adjourned to the 31st day Of May , 1977, at 7:3_ 30 o'clock :, in the Council Chambers, at the Civic Center, Iowa City, Iowa. PASSED AND APPROVED, this 17th day of May r 1977. Maylir ATTEST Clerk -3- AHLERS. COONEY. DORWEILER. HAYNIE&SMITH. LAWYERS. DES MOINES. IOWA �)� May 17 The Council of Iowa City, Iowa, met in Regular session, in the Council Chambers, in the Civic Center, Iowa City, Iowa, at 1977 7:30 o'clock P. M., on the above date. There were present Mayor Mary C. Neuhauser in the chair, and the following named Council Members: Balmer, deProsse, Foster, Perret, Vevera Absent: Selzer The Mayor announced that this was the time and place for the public hearing and meeting on the matter of the issuance of $3,015,000 General Obligation Bonds in order to provide funds to pay costs of construction and reconstruction of street improvements, sidewalks, traffic control devices, sanitary sewers and waste water treatment facilities, recon- struction and repair of bridges including costs in connection with waste water treatment facility study, Muscatine Avenue Improvement Project, Sycamore and Highway #6 Intersection Improvement Project, East-West One Way Couplet Project #2, Mormon Trek Boulevard Improvement Project, City Bridge Repair Project, Riverside and Benton Intersection Improvement Project and Central Business District Streetscape Improvement Project, separately and in combination an essential corporate purpose, and that notice of the proposed action by the Council to institute proceedings for the issuance of said bonds, had been published pursuant to the provisions of Section 384.25 of the City Code of Iowa. The Mayor then asked the Clerk whether any written objections had been filed by any city resident or property owner to the issuance of said bonds. The Clerk advised the Mayor and the Council that no written objections had been filed. The Mayor then called for oral objections to the issuance of said bonds and none were made. Whereupon, the Mayor declared the time for receiving oral and written objections to be closed. (Attach here a summary of objections received or made, if any) -1- AHLERS. GOONEY, DORWEILER. HAYN IE & SMITH, LAWYERS. DES MOINES. IOWA ayy The Council then considered the proposed action and the extent of objections thereto. Whereupon, Council Member Perret introduced and delivered to the Clerk the Resolution hereinafter set out entitled "RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE ISSUANCE OF $3,015,000 GENERAL OBLIGATION BONDS", and moved its adoption. Council Member Foster seconded the motion to adopt. The roll was called and the vote was, AYES: Balmer, deProsse. Foster NPuheosPr_ Perret, Vevera NAYS: None ABSENT: Selzer Whereupon, the Mayor declared said Resolution duly adopted as follows: -2- AHLERS, COONEY. DORWEILER. HAYN IE & SMITH. LAWYERS. DES MOINES, IOWA P�_ REsowrioN NO. 77-151 A RESOLUTION ESTABLISHING FEES AND CHARGES FOR VEHICULAR AND BICYCLE EAPOUNDMENT AND STORAGE. WHEREAS, Ordinance No. 77-2835 authorizes the impoundment and storage of vehicles and bicycles and establishes a procedure for the implementation thereof, and WHEREAS, said ordinance allows for uniform fees to be charged in the impoundment and storage of vehicles and bicycles as set forth by City Council resolution, and WHEREAS, City staff has prepared a proposed schedule of fees and charges to be incurred in the impoundment and storage of vehicles and bicycles, a copy of which is attached to this resolution and by reference made a part hereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL that the attached schedule be adopted as the established fees and charges. • : "Oil I•• ID • w u w u0, w t Impoundment by Towing . . . . . . . . . . . . . . . . . . $12.50 Impoundment by "Boot" . . . . . . . . . . . . . . . . . . $10.00 STORAGE . . . . . . . . . . . . . . . . . . . . . . . . . . . $3.00 per day BICYCLES Foster ar oundment . . . . . . . . . . . . . . . . . . . . . . . $2.00 Storage . . . . . . . . . . . . . . . . . . . . . . . . . $1.00 per week Storage charges for bicycles shall begin five (5) days after impound- ment. Bicycles held by the City longer than five (5) days shall be charged $1.00 per week or fraction thereof. It was moved by Balmer and seconded by Vevera that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x deProsse x Foster x Neuhauser x Perret x Selzer x Vevera Passed and approved this 17th day of May, 1977. Mayor ATTEST: � lf2J City FAerk RECEIVED & APPROVED BY THE LEGAL DEPARTMENT S :itute Resolution 5/24/77 RESOLUTION NO. 77-152 6-4-" RESOLUTION MODIFYING URBAN RENEWAL PLAN FOR PROJECT IOWA R-14 (Fifth Resolution) WHEREAS, the City of Iowa City, Iowa, acting as Local Public Agency, hereinafter referred to as the LPA, has entered into a contract for Loan and Grant with the United States of America for the implementation of an Urban Renewal Project known as Project.No. Iowa R-14, and WHEREAS, the City Council of Iowa City, Iowa, has previously adopted and approved an Urban Renewal Plan for said project, which Urban Renewal Plan was adopted and approved in Resolution No. 2157, passed by the City Council of Iowa City, Iowa, on October 2, 1969, which Plan was modified and amended by Resolution No. 72-159, passed and approved by the City Council of Iowa City, Iowa, on April 18, 1972, which Plan was modified and amended by Resolution 73-172, passed and approved by the City Council of Iowa City, Iowa, on May 1, 1973, which Plan was modified and amended by Resolution 73-420, passed and approved by the City Council of Iowa City, Iowa, on September 25, 1973, which Plan was modified and amended by Resolution 76-352, passed and approved by the City Council of Iowa City, Iowa, on September 28, 1976, which Plan and modifications attached hereto are now on file with the City Clerk of Iowa City, Iowa, as the official plan for Urban Renewal Project Iowa R-14, and WHEREAS, certain further modifications of said Urban Renewal Plan have been proposed, and WHEREAS, a public hearing has been held by the City Council,of Iowa City, Iowa, on the desirability of said proposed modifications, and WHEREAS, the LPA deems it desirable, necessary, and in the public interest that the Urban Renewal Plan for Project No. Iowa R-14 be modified as follows: 1. Change the wording of certain provisions to conform to current City policy. 2. Delete certain provisions and add certain provisions to add clarity and to conform to current City policy. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, acting as the Local Public Agency, that the Urban Renewal Plan of the City of Iowa City, Iowa, for Urban Renewal Project No. Iowa R-14 approved and adopted by Resolution No. 2157 on October 2, 1969, and as modified by Resolution No. 72-159 on April 18, 1972, and by Resolution No. 73-172 on May 1, 1973, and by Resolution No. 73-420 on September 25, 1973, and by Resolution No. 76-352 on September 28, 1976, be modified further as follows: Section A, Introduction, is hereby amended by deleting the words "Department of Planning and Urban Renewal" in the fifth and sixth lines thereof, and adding in their place the words, "Department of Community Development." 487 -2 - Section C, LAND USE PLAN, Part 2b, Land -Use Provisions and Building Requirements, Additional Controls and Objectives, Central Business Core is he y amen ed by: -deleting the work "arcaded" from the first line of the fourth provision thereof. -deleting the provision which begins "Provide for the closing of Dubuque Street from Washington..." and deleting the provision which begins, "Provide for the closing of Dubuque Street from College...," and adding in their place the following provision: --Provide for the restricting of Dubuque Street from Washington Street to the alley between College and Burlington Streets, in order to facilitate pedestrian circulation, to allow for emergency vehicles, and to allow the crossing by delivery vehicles at the alley between Washington and College Streets. -Changing the provision which begins, "Provide for publicly owned off-street parking..." by deleting the phrase, 111600 to 2000 cars" and adding in its place the phrase, "1300 to 2000 cars." -Changing the provision which begins, "Provide for the closing of Capitol..." by deleting the word closing and substituting the word "restricting" in the first line thereof, and adding the phrase, "and to provide access to contiguous development," at the end thereof. -Deleting the provision which begins, "Provide for a pedestrian over -pass..." -Adding the following two provisions at the end thereof: --Provide for the restricting of College Street from Clinton Street to Linn Street in order to facilitate pedestrian circulation, to allow for emergency vehicles, and to allow for goods delivery where no alternate access is available. --Provide for the restricting of Washington Street from Capitol Street to Clinton Street to be designed with emphasis on transit and pedestrian traffic, but allowing limited automobile traffic if possible. Section C, LAND USE PLAN, Part 2b, Land Use Provisions and Additional Controls and Objectives, University Area, is he -Changing the provision which begins, "Provide for the closing of Capitol..." by deleting the word closing and substituting the word "restricting" in the first line thereof, and adding the phrase, "and to provide access to contiguous development," at the end thereof. -Adding the following provision at the end thereof: --Provide for the restricting of Washington Street from Madison Street to Capitol Street, to be designed with emphasis on transit and pedestrian traffic, but allowing limited automobile traffic. Exhibit R213B, PROPOSED LAND USE, dated August, 1976, is hereby deleted, and a new Exhibit, R213B, PROPOSED LAND USE, dated April, 1977, is added in its place. -.. -3 - Exhibit R213D, LAND DISPOSITION PLAN is hereby deleted and a new LAND DISPOSITION PLAN, dated April, 1977, is added in its place. It was moved by Foster and seconded by Balmer that the Resolution as read be adopted and upon roll call there were: AYES: NAYS: ABSENT: X Balmer x deProsse x Foster X Neuhauser X Ferret X Selzer X Vevera Passed and approved this 24th day of May 1977, ATTEST: ?, c 6 g,"&W Deputy City Clerk Mayor EECEIVED & APPROVED BI MM LEGAL DEPARTMENT W. -RES, Modified 4/72, 5/73, 9/73, 9/76, 5/77 THE URBAN RENEWAL PLAN CITY -UNIVERSITY PROJECT I PROJECT NO. IA. R-14 IOWA CITY, IOWA TABLE OF CONTENTS Table of Contents A. Introduction Page No. 1 B. Description of Urban Renewal Area 1 1. Boundaries of Urban Renewal Area 1 2. Urban Renewal Plan Objectives 1 3. Types of Proposed Urban Renewal Action 3 C. Land -Use Plan 4 1. Land -Use Map 4 2. Land -Use Provisions and Building Requirements 5 a. Permitted Land -Uses 5 b. Additional Controls and Objectives 6 c. Initiation and Duration of Land -Use Provision and Building Requirements 10 d. Applicability of Land -Use Provisions and Building Requirements to Real Property not to be Acquired 10 D. Project Proposals 10 1. Land Acquisition 10 2. Rehabilitation and Conservation 12 3. Redevelopers' Obligations 19 4. Underground Utility Lines 20 E. Other Provisions Necessary to Meet State and Local Requirements 20 F. Procedures for Changes in Approved Plan 21 Urban Renewal Plan A. Introduction The continued stability and vitality of the heart of Iowa City as the center for business, governmental, institutional, and cultural activities is endangered by blight, deterioration and obsolescence. Recognizing this danger, and considering the community pride and achievement focused on this area, the City of Iowa City, through its Department of Community Development, has initiated a program of Urban Renewal action in its Central Business District. This Urban Renewal Plan was prepared with the assistance of the Federal government. The primary objectives of the plan are to stimulate, through public action and commitments, private investments in redevelopment and in rehabilitation. In order to achieve the objectives of the City - University Project, the City of Iowa City shall undertake the Urban Renewal actions specified in this Plan, pursuant to the powers granted to it under Chapter 403 of the 1975 Code of Iowa, as amended. B. Description of Urban Renewal Area 1. Boundaries of Urban Renewal Area Beginning at the intersection of the centerline of Linn Street and the south right-of-way of Court Street; thence in a northerly direction along said centerline to the intersection of said centerline and the centerline of Washington Street; thence in a westerly direction along the centerline of Washington Street to the intersection of said centerline and the westerly right- of-way line of Clinton Street extended; thence northerly along said right-of-way line extended to the northerly right-of-way line of Washington Street; thence in a westerly direction to the northwest corner of Washington Street and Capitol Street; thence in a southerly direction along the west right-of-way of Capitol Street to the northwest corner of College Street and Capitol Street; thence in a westerly direction along the north right-of-way of College Street to the east line of the Cedar Rapids -Iowa City Railroad right-of-way; thence in a southerly direction along the said Railway right-of-way to the intersec- tion of the north right-of-way line of Burlington Street; thence in a westerly direction along the north right-of-way of Burlington Street to the Iowa River; thence in a southerly direction along the Iowa River to the south right-of-way line of Court Street as extended to the Iowa River; thence in an easterly direction along said line to the point of beginning. Urban Renewal Plan Objectives The following objectives have been established for the redevelop- ment and rehabilitation of the City -University Project: -z - a. To eliminate substandard buildings, blighting influences, and environmental deficiencies in this important section of the City of Iowa City, and to establish conditions which will prevent the recurrence of blight and blighting conditions. b. To strengthen central Iowa City as the retail trade business, financial, administrative, governmental, educational, and cultural center of the area. C. To strengthen the economic well-being of the central area and the City by increasing retail activity, taxable values, and job opportunities. d. To establish a pattern of land use activities arranged in compact, compatible groupings so as to enhance their efficiency of operation and economic inter -relationships. e. To provide for the orderly physical and economic growth of the central area through controlled redevelopment and rehabilitation. f. To provide safe, efficient, and attractive public and private vehicular access to central Iowa City. g. To provide a safe, efficient and attractive circulation system which minimizes conflicts between different forms of traffic such as pedestrians, bicycles, automobiles, transit and service vehicles. h. To encourage coordinated development of parcels and structures in order to achieve efficient building design, multi-purpose use of sites, unified off-street parking, trucking and service, and internal pedestrial linkages. i. To provide for off-street parking facilities in locations easily accessible from major thoroughfares and central area destinations alike including long-term parking facilities on the periphery of the central area, and including existing off-street parking outside the project area boundaries. j. To improve the appearance of buildings, rights-of-way and open spaces, and to encourage high standards of design. k. To aid the University of Iowa to expand in an orderly way, so the University and the Business District can each perform its own function with minimum conflict and mutual benefit. 1. To provide for open spaces and pedestrian ways, which reinforce the pedestrian orientation of downtown Iowa City. -3- m. To provide for residential development within the project area, in order to enhance housing opportunities, especially for the low income, elderly, and handicapped in downtown Iowa City. n. To provide an environment which improves the attrac- tiveness of public transit in Iowa City, and which reinforces the viability of the public transit systems. o. To encourage the restoration and rehabilitation of structures within downtown Iowa City which are of architectural or historic significance. 3. Types of Proposed Renewal Action Proposed renewal action will consist of a combination of clearance and redevelopment, rehabilitation, and the provision of public facilities and improvements. a. Clearance and Redevelopment Property identified on the Land Acquisition Plan Map, Exhibit R -213-D1 attached hereto and made a part hereof, will be acquired by the Local Public Agency, cleared of all improvements and either (1) sold or leased for private redevelopment, or (2) sold, leased or dedicated for construction of public improvements or facilities. Properties are identified for acquisition, clearance and redevelop- ment for one of the following reasons: (1) To remove buildings which are structurally substandard. (2) To remove buildings, other than buildings which are structurally substandard, in order to effectively remove blighting influences which are exerted on the area. Such blighting influences include, but are not limited to the following: (a) Inadequate street layout. (b) Incompatible uses or land -use relationships. (c) Overcrowding of buildings on the land. (d) Excessive dwelling unit density. (e) Obsolete buildings not suitable for improvement or conversion. (3) To provide sites for needed public improvements or facil- ities. Such sites and facilities shall be so located as to meet projected needs, and shall be designed to enhance the downtown area as a whole. M (4) To clear basically sound and deficient buildings to the extent necessary to assemble land into parcels of adequate size and shape to meet contemporary development needs and standards and to allow new construction to meet the objectives of this Urban Renewal Plan. Acquisition of such buildings will take place only when the objectives of this Urban Renewal Plan cannot be met through rehab- ilitation. Rehabilitation Rehabilitation activities will include: (1) Enforcement of "Property Rehabilitation Standards", as set forth in Section D-2 of this Urban Renewal Plan. (2) Provision of technical assistance to property owners to facilitate and stimulate achievement of rehabilitation standards and objectives. C. Public Improvements and Facilities The entire Urban Renewal Plan area will be adequately served by public improvements and facilities including: (1) Installation of new street improvements, utilities, parking facilities, sidewalks, landscaping and other physical features necessary to serve and improve the Project Area. (2) Provisions for achieving high standards of design con- struction and improvements consistent with the design and development objectives of this Urban Renewal Plan. LAND -USE PLAN 1. Land -Use Map The Land -Use Map Plan Map, Exhibit R -213-B, attached hereto and made a part hereof, identifies proposed land -uses and public rights-of-way. Major land -use categories included within the development areas are retail, office, service, civic and cultural, medium and high density residential, institutional, public, and retail service. All throughfares and street rights-of-way are shown on the Land -Use Plan Map. Their locations are subject to minor modifications. -5 - Land -Use Provisions and Building Requirements Permitted Land -Uses (1) Central Business District Core The central business district core is the high density, compact, pedestrian -oriented shopping, office, and entertainment area in the heart of central Iowa City. Permitted Uses: A broad range of compatible retail service uses, including: (a) Retail Trade. Those retail uses which serve the county -wide market by virtue of their variety, quality, or specialization of merchan- dise, including food, drugs and liquor; eating establishments and eating and drinking estab- lishments, general merchandise; apparel and accessories, furniture, furnishings and appliances; hardware; art dealers, antiques; books, stationery and art supplies; sporting goods; toy and hobby shops; jewelry stores; florists; camera and photographic supply; optical goods; cigar stores, news dealers; gift, novelty and souvenir stores; and other stores; and other pedestrian - oriented similar and compatible retail uses. (b) Services. Those appropriate activities which serve the daily convenience needs of employees, students, faculty, and shoppers, including banks and other financial institutions; photo- graphic studios; beauty and barber shops, shoe repair shops; instructional services; watch and jewelry repair; hotels; transportation depots; theaters; travel bureaus; indoor recreational facilities (such as bowling alleys); blue- printing and photostating; and other similar and compatible service uses. (c) Offices, business, and professional. Administr- ative offices and office headquarters; insurance, finance, and real estate offices; professional (e.g., legal, dental, and medical); business services; and other similar and compatible uses. (d) Dwelling units, above the ground floor only. (e) Off-street parking. (f) Institutional uses above the second floor only. (2) sem Central Business Service Area The central business service area is intended to allow for the orderly expansion of the central business district, and to provide space for supporting retail and auto -oriented uses. Permitted Uses: All uses otherwise permitted in the Central Business District Core will be allowed in the Central Business Service Area. In addition, auto -oriented activities will be allowed, including auto repair garages, auto service stations, parking lots or garages, transportation depots, car wash establishments, motor vehicle sales, and other similar and compatible supporting retail and auto - oriented uses. Also permitted in the CBS district are multi -family residential uses at the ground floor level and above. (3) University Area The University Area will be limited to the develop- ment of the academic core and supporting activities of the State University of Iowa. Permitted Uses: Classrooms, laboratories, meeting rooms, faculty and administrative offices, research facilities, service facilities, and off-street parking. Additional Controls and Objectives There are three development areas comprising the Plan Area (identified on the Land -Use Plan Map, Exhibit R - 213B). Additional controls and objectives for each development area include: Central Business Core Area 1 The development of this area should: -7- --Enlarge and strengthen the function of the Central Business District Core as a shopping, business, and entertainment center. --Provide for redevelopment in compact groupings, in order to intensify the density of usable commercial spaces, while increasing the availability of open spaces, pedestrian ways, and plazas. --Improve the attractiveness and convenience of the shopping environment. --Provide a public plaza in the heart of the Central Business District Core to be constructed largely on and adjacent to the right-of-way of Dubuque Street at College Street, which will serve as an identifiable civic symbol and focal point and function as a center for pedestrian movement. --Provide for the expansion and new development of retail, office, and service activities which will be complimentary to existing activities in use, scale, and quality of materials and surfaces. --Provide sites; for either one or two new or expanded department stores to serve as primary retail generators. --Provide for the restricting of Dubuque Street from Washington Street to the alley between College and Burlington Streets, in order to facilitate pedestrian circulation, to allow for emergency vehicles, and to allow the crossing by delivery vehicles at the alley between Washington and College Streets. --Provide attractive public pedestrian link between the public plaza and the activities and uses oriented to Burlington Street, to be constructed parallel and adjacent to the closed right-of-way of Dubuque Street. --Provide for publicly owned off-street parking facilities to accommodate approximately 1300 to 2000 cars. --Provide for speciality retail and service uses oriented to the pedestrian -ways to accommodate the needs of students, faculty, employees, shoppers, and visitors. --Provide for the retention of private off-street accessory parking, now utilized in conjunction with and as part of existing private uses; such parking areas to be provided with buffering, screening, and/or planting as is deemed appropriate to make them visually attractive to passersby and parkers. n --Prohibit any new off-street parking unless granted by special use permit by the City Council, and in that event, for accessory parking only. --Provide for up to 100 percent lot coverage of all private development parcels, and a floor area ratio of up to eight times the development area. Floor area ratio premiums may be granted for the inclusion of plazas, open space, street arcades, internal arcades, canopies, passenger loading and consolidated freight loading facili- ties. --Provide for consolidated off-street loading and service facilities wherever practicable; access to be provided from screened public service alleys or courts. --Provide for a pedestrian linkage connecting the University and Central Business District Core areas, to be constructed largely on the closed right-of-way of College Street. --Provide for the restricting of Capitol Street from Washington Street to Burlington Street (consistent with the objectives for Area 1) in order to facilitate pedestrian circulation and to provide access to contiguous development. --Provide for the closing of College Street between Capitol and Clinton Streets in order to permit land assembly for private development. --Allow for a hotel -conference center designed to meet the demands for transient housing in downtown Iowa City, readily accessible to the commercial and office activity, the University of Iowa campus, and the medical complex. --Provide for the restricting of College Street from Clinton Street to Linn Street in order to facilitate pedestrian cir- culation, to allow for emergency vehicles, and to allow for goods delivery where no alternate access is available. --Provide for the restricting of Washington Street from Capitol Street to Clinton Street to be designed with emphasis on transit and pedestrian traffic, but allowing limited auto- mobile traffic if possible. University Area Area 2 The development of this area should: --Provide sites for the orderly establishment and expansion of the State University of Iowa: such uses north of Burlington Street to be limited to classroom teaching and research facilities, faculty offices, and academic support facilities such as library, museum, student and administrative services. Uses south of Burlington Street are limited to those uses permitted north of Burlington Street, and auxillary facilities such as off-street parking, physical plant, services, and research facilities. we --Provide for the closing of College Street between Madison and Capitol Streets in order to facilitate pedestrian circulation. --Provide for the restricting of Capitol Street from Washington Street to Burlington Street (consistent with the objectives for Area 2) in order to facilitate pedestrian circulation, and to provide access to contiguous development. --Provide for an internal pedestrian circulation network to be constructed largely on the closed rights-of-way of College and Capitol Streets. --Provide for reinforcement of the linear quality of the Capitol Street pedestrian way and its axial view to the Old Capitol Building by use of strong, dominant University buildings and appropriate tree planting. --Provide for multi-level development which utilizes the sloping topography between Capitol and Madison Streets. --Restrict building height to a maximum of eight stories, with landscaped set -backs to be guided by existing University development to the north. --Provide for consolidated off-street loading and service facilities wherever practicable; access to be provided from screened service alleys or courts. --Provide for the restricting of Washington Street from Madison Street to Capitol Street, to be designed with emphasis on transit and pedestrian traffic, but allowing limited automobile traffic. Central Business Service Area Area 3 The development of this area should: --Provide for the orderly expansion of the central business district by permitting such activities as retail, office, and multi -family residential uses. --Provide for the expansion or development of auto -oriented activities. --Provide space for either surface or structure parking to meet the needs for employer and employee long-term parking; such parking to be in proper relationship to Burlington Street and the established traffic pattern, so as to divert traffic from residential streets. --Provide for consolidation of off-street loading and service facilities wherever practicable; access to be provided from screened public source alleys or courts. --Provide for up to 100 percent lot coverage of all parcels of less than 15,000 square feet; and up to 80 percent lot coveraee on all narcels larver than 15.000 souare feet: -10 - and a floor area ratio of up to five times the development area. Floor area ratio premiums may be allowed for inclusion of plazas, open space, street arcades, canopies, passenger loading, and freight loading facilities. --Provide for the closing of Capitol Street from Burlington Street to Court Street in order to permit land assembly for private development. C. Initiation and Duration of Land -Use Provision and Requirements The above stated land -use objectives, provisions and requirements shall be in full force and effect for a period of 25 years from the date of original City Council approval of the Urban Renewal Plan and shall automatically extend for five year periods thereafter, unless changed by the City Council. d. Applicability of Land -Use Objectives, Provisions and Every effort will be made by the City of Iowa City to apply the above land -use objectives, provisions, and requirements to real property not to be acquired. These objectives, provisions, and requirements shall be applicable to property in the clearance area which is not to be acquired when the owner thereof acquires project land. D. PROJECT PROPOSALS 1. Land Acquisition a. Property Proposed to be Acquired The real property to be acquired in the City University Project area is identified on Land Acquisition Plan Map, Exhibit R -213D1. Properties are identified for acquisition for the following purposes: (1) To remove buildings which are structurally substandard. (2) To remove buildings, other than buildings which are structurally substandard, in order to effectively remove blighting influences which are exerted on the area. Such blighting influences include, but are not limited to, the following: (a) Inadequate street layout. (b) Incompatible uses or land -use relationships. (c) Overcrowding of buildings on the land. b. C. -11- (d) Excessive dwelling unit density. (e) Obsolete buildings not suitable for improvement or conversion. (3) To provide sites for needed public improvements or facilities in proper relationship to the projected demand for such facilities and in accordance with accepted design criteria for such facilities. (4) To clear basically sound and deficient buildings to the extent necessary to assemble land into parcels of adequate size and shape to meet contemporary development needs and standards and to allow new construction to meet the objectives of this Urban Renewal Plan. Acquisition of such basically sound buildings will take place only when the objectives of this Urban Renewal Plan cannot be met through rehabilitation (5) "To purchase vacant land into parcels of adequate contemporary development allow new construction to this Urban Renewal Plan." Conditions Under Which in order to assemble land size and shape to meet needs and standards and to meet the objectives of Not Designated for Acquisition Property not designated for acquisition may be acquired by the City of Iowa City if such property is not made to conform to the Urban Renewal Plan, Property Rehabilitation Standards, and local codes and ordinances, or if the acquisition of such property is necessary for one or more of the purposes set forth in Paragraph D., 1., a., of the Urban Renewal Plan. ich Property Identified to be Acquired Conditions Under 1g 1 Properties presently designated for acquisition in the Urban Renewal Plan and which are not otherwise necessary to accomplish the objectives of this Urban Renewal Plan may be exempted from acquisition by the City of Iowa City if the owner or owners enter into suitable agreements with the city demonstrating conclusively that the proposed redevelopment of such property, or the rehabilitation of the building situated thereon, conforms in all respects with the design objectives, land -use provisions, and Property Rehabilitation Standards of this Urban Renewal Plan. -12 - Properties presently designated for acquisition in the Urban Renewal Plan may be deleted at any time, without entering into any agreement with the owner(s), if such deletion is determined by the governing body of the Local Public Agency to be in the best interest of the Project. Rehabilitation and Conservation a. The Urban Renewal Plan has set forth specific planning proposals which will improve the environment in the Project Area and encourage the physical rehabilitation of buildings designated to remain. b. A continuous and vigilant enforcement of existing laws, codes, ordinances, and regulations of the City of Iowa City and the State of Iowa will be in effect and in force within the City University Project Area (Iowa R-14). These include, but are not limited to: Zoning Ordinance - adopted July, 1962, as su sequently amended Minimum Housing Standards - adopted March, 19S7, as s sequently amended Uniform Buildin Code, International Conference o ui ing icials, as modified, adopted July, 1956, as subsequently amended The National Electrical Code; National Fire otection socaition, as modified, adopted January, 1970, as subsequently amended Plumbin Code, adopted October, 1957, as subsequently amended Fire Protection and Fire Prevention Codes including the niorm Fire o e; International Conference of Building Officials, as modified, adopted July, 1962, as subsequently amended Subdivision Re lations, adopted January, 1964, as subsequently amended Signs and Billboards Ordinance, (see Zoning Ordinance) Garbage and Refuse Code, adopted April, 1953, as subsequently amended -13- c. Structures which do not meet applicable codes and ordinances and whose owners refuse to bring, or are incapable of bringing, them into compliance, may be acquired by the City of Iowa City. Upon the acquisition of such property, the City of Iowa City may sell such property to a private purchaser(s) at its fair market value, subject to its being rehabilitated to the Property Rehabilitation Standards, or the City of Iowa City will demolish the structure(s) thereon and dispose of the land, in accordance with the Urban Renewal Plan, at its fair market value to a developer for redevelop- ment. d. There will be no acquisition of parcels for the purpose of demonstrating the kinds and methods of rehabilitation suitable for this area. e. The standards for the rehabilitation of all existing structures to remain in the project area are the achievement of not less than the minimum Property Rehabilitation Standards established for this project. Subject standards include applicable provisions of existing local codes and ordinance, as heretofore identified. In addition to the requirements of applicable codes and ordinances, the following specific requirements shall be in effect as Property Rehabilitation Standards for the City -University Urban Renewal Project: The provisions of local codes and ordinances will be enforced as the basic rehabilitation standards for the project area. In addition, the following standards have been incorporated into the Urban Renewal Plan as minimum requirements for properties remaining in the project: (1) Non -Residential Rehabilitation Requirements -- Premises (a) Exterior Public Areas All public walks, steps, porches, drives, and parking areas, for convenient all-weather access shall be so constructed and maintained as to assure safety and reasonable durability. If any such area by virtue of its state of repair constitutes a danger to health or safety, it shall be replaced. (b) Enclosure of Storage All storage, except permitted "limited" display, shall be in completely enclosed buildings or obscured from public view by a solid fence or wall not less than eight (8) feet in height. "Limited" display shall be construed to mean immediate inventory goods or products intended for sale on the premises and necessary for sales stimulation. (c) -14- Surfaces and Store Fronts Except where essential to the architectural design of the building, all exposed surfaces with unsightly appearance shall be painted or otherwise treated to retard deterioration and improve the appearance. (d) Overhanging Structures All canopies, marquees, signs, metal awnings, exterior stairways, fire escapes, standpipes, exhaust ducts, and similar overhang extensions shall be maintained in good repair and be properly anchored; and they shall be protected from the elements and against decay and rust by the periodic application of weather - coating material such as paint or other protective treatment. The use of combustible plastics in signs and other advertising devices shall be limited to letters and decorations (not structure or structural trim). All deteriorated overhanging structures shall be removed or so repaired as to insure adequate anchorage. (e) Windows All windows exposed to public view shall be kept clean and in a state of good repair. No storage of materials, stock, or inventory shall be permitted in window display areas or other areas ordinarily exposed to public view by drapes, venetian blinds, or other rendering of such windows opaque to public view. All screening of interiors shall be maintained, clean, and in a good state of repair. (f) Air -Conditioners --Outside Elements All air conditioners and heating units shall be maintained in a safe mechanical and electrical condition. All exterior air conditioners which are installed and operated directly over a public sidewalk shall be equipped with proper devices for the prevention of condensation drainage upon the sidewalk. (g) Site Improvements Open space shall be so designed and located as to: (1) provide for the immediate diversion of water away from buildings and disposal of the lot; (2) prevent soil saturation detrimental to structures and lot use and, (3) where needed, provide appropriate paved walks, parking areas, driveways, steps, and landscaping. -15 - All unpaved areas shall be provided with vegetation or other suitable cover to prevent erosion and improve appearance. Bushes, shrubs, trees, and grass shall be trimmed when necessary and removed when dead. All fences and retaining walls shall be kept in good structural repair, removed, or replaced. All fences shall be periodically treated with chemicals or paints so as to retard deterioration and improve the appearance. All deteriorated accessory buildings shall be removed or rehabilitated. All accessory buildings to remain shall provide usable space and shall not harbor rodents, termites or other vermin. All unsightly alleys, rears of buildings, or other areas which may have a deteriorating effect on surrounding properties or public areas shall be screened from view by a fence, wall, or compact shrubbery, at least 500 opaque between two feet and seven feet above ground level. (2) Rehabilitation Requirements for Dwelling Units (a) Sewage Disposal All plumbing fixtures shall be drained to an approved sewage drainage system connected to a public sewer or other approved system. Substances which will clog pipes, produce explosive mixtures, destroy pipes or their joints, or interfere with disposal process shall not be discharged into the system unless provided with approved intercepting devices. Each fixture shall be equipped with a water seal trap. Adequate circulation of air shall be provided for in all vent piping to avoid the loss of trap seal. Vent terminals shall be maintained so as to minimize clogging, frost closure, return of foul air, or nuisance to neighbors. Adequate air breaks shall be provided in sanitary drains to prevent contamination from sewage backup. -16- (b) Fixture Conditions Complete bathing and sanitary facilities shall be provided within each dwelling unit, consisting of a water closet, a tub or shower, or a lavatory. There shall be provided an adequate supply of hot water to the tub or shower stall and lavatory, and cold water to all fixtures. Arrangement of fixtures shall provide for the comfortable use of each fixture and permit at least a 90 degree door swing. Wall space shall be available for a mirror or medicine cabinet and for towel bars. The bathtub shall not be less than four feet, six inches long. Shower, if provided, should have a least dimension of not less than 30 inches. All fixtures shall be located and spaced for reasonable accessibility and should be of smooth, non-absorbent surfaces. (c) Doors and Access Openings (Exterior) Existing doors in sound condition and to remain should approximate in size the following, and the minimum size of new doors in new openings shall be: Width Hei ht Main Entrance Door 3�T* 6" Service Doors 216" 616" *Where serving 5 or more dwelling units -314" minimum. Where new doors are installed in acceptable existing door openings, the doors should approximate the sizes given above. All exterior doors shall have safe locks. (d) Doors and Access Openings (Interior) A door shall be provided for each opening to a bedroom, bathroom, or toilet compartment. Doors to bathrooms and toilet compartments shall be hinged or sliding and shall have locks. Existing doors in sound conditions and to remain shall approximate in size the following, and minimum size of new doors installed in new openings shall be: 1-a. Habitable rooms, 2'6" wide 1-b. Bathrooms, toilet compartments and closets other than linen and broom, 210" wide 1-c. Service stair doors, 216" wide 1-d. Cased openings, 216" wide -17- 1-e. To public stairway enclosures, single door = 3'0" wide; double door = 214" wide 1-f. Height of all interior doors, 616" Where new doors are installed in acceptable existing openings, the doors should approximate the sizes given above. (e) Closet Space Clothes closet space shall be provided within each living unit on the basis of approximately 12 sq. ft. for the first bedroom plus 6 sq. ft. for each additional bedroom. The space provided should be, if possible, divided into separate closets serving each bedroom and having one closet located so as to open directly from a hall or living or dining room. None of the minimum clothes closet space shall be located within the kitchens. Where separate closets for each existing bedroom are not possible, a closet elsewhere within the dwelling unit is acceptable provided the minimum area is obtained and is reasonably accessible to the bedroom. Clothes closets shall have a shelf and rod. Within each dwelling unit, a total shelf area or built-in drawer space of at least eight sq. ft. should be provided for linens. This space should be appropriately increased for dwelling units having three or four bedrooms. (f) Light and Ventilation Habitable Rooms All habitable rooms, except kitchens, shall have natural light, provided by means of windows, glazed doors, or skylights. A glass area of at least 10 percent of the floor area shall be provided for new or remodeled rooms, or other spaces. Existing rooms not disturbed in the rehabilitation shall have a glass area not appreciably below a total of 10 percent of the floor area. An acceptable means of natural ventilation shall exist or be provided for all habitable spaces, except that for kitchens a mechanical ventilation system may be substituted. A ventilation area of 4 percent of the floor area of the space shall be provided. M Artificial light shall be provided and so distributed as to assure healthful and sanitary conditions in all rooms or spaces. An interior room not having its own source of natural light and ventilation is acceptable only where the room is adjacent to an outside room which has adequate natural light and ventilation, calculated on the basis of the combined floor area of the two rooms, and where separating wall between the two rooms has a clear horizontal opening approximately 6 feet wide. The interior room shall not be a bedroom. Kitchens Artificial light shall be provided, and distributed so as to give effectibe illumination throughout. Ventilation shall be provided by natural means in amounts as caluclated for habitable rooms and not less than 3 sq. ft., or by mechanical ventilation. Where a kitchen is not separated from the living room by partitions and door or permanent screen, mechanical ventilation shall be provided for the kitchen. Bathrooms and Toilet Compartments Artificial light shall be provided. Ventilation shall be provided by nautral means in amounts as calculated for habitable rooms and not less than 1 1/2 sq. ft., or by mechanical venti- lations, or by gravity -type ventilation equipped with a winddriven roof ventilator above the roof level. Public Spaces General Adequate artificial light shall be provided for all public spaces. Public Entrance Spaces to Building a. All public entrance space should have natural light provided by window, doorway or equivalent glass area of at least 10 percent of the floor area. b. Either natural ventilation of at least 4 percent of floor area or mechanical ventilation shall be provided. -19 - Public Hallways and Stairways a. Public hallways and unenclosed stairways shall be provided with either natural ventilations (at least 4 percent of floor area) or mechanical ventilation. b. Where dependence is placed upon natural light for daytime use of hallways or unenclosed stairways, windows, skylights or the equivalent shall be provided containing at least 10 sq. ft. of glass area, or its equivalent, for each floor so served. C. Enclosed stairways shall be ventilated by a mechanical or gravity system to provide approximately 4 air changes per hour. Habitable Rooms of Living Units Below Grade For habitable rooms below grade, the depth of the finish floor below its adjacent outside grade level shall not exceed 4 ft 0 in. Natural light and ventilation standards for habitable rooms above grade shall apply. Ventilation of Utility Spaces Utility spaces which contain heat producing, air conditioning and other equipment shall be ventilated to the outer air, and air from such spaces shall not be recirculated to other parts of the building. Ventilation of Structural Spaces Natural ventilation of spaces such as attics and enclosed basementless spaces shall be provided with openings of sufficient size to overcome dampness and minimize the effect of conditions conductive to decay and deterioration of the structure, and to prevent excessive heat in attics. All exterior ventilation openings shall be effectively and appropriately screened where determined needed by the City of Iowa City. 3. Redeveloper's Requirements The Redevelopers will be required by contractual agreement to observe the Land -Use and Building Requirements and General Design Objectives of this Urban Renewal Plan. The contract and other disposition documents will set forth in detail the provisions, standards, and criteria for achieving the objectives and requirements outlined in the Urban Renewal Plan. The City of Iowa City will select redevelopers on the basis of their proposals, their ability to carry out such proposals, and the conformance of the proposals to the Urban Renewal Plan. This may be through fixed price offerings, minimum price offering, or by other means which, in the determination of the City of -20 - Iowa City, will best assure the attainment of the development and design objectives of this Urban Renewal Plan, in accordance with State and Federal law. Deposition documents will provide for achieving the unified development and maintenance of common areas, service access, walks, utilities, and driveways. In addition, the following provisions will be included in each Agreement: a. That the Redeveloper will submit to the City of Iowa City a plan and schedule for the proposed development. b. That the purchase of the land is for the purpose of redevelopment and not for speculation. C. That the land will be built upon and improved in conformity with the objectives and the provisions of the Urban Renewal Plan. d. That the construction of improvements will be commenced and completed within a reasonable time. e. That the Redeveloper and his successor or assign agree that there will be no discrimination against any person or group of persons on account of race, creed, color, sex, national origin, or ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure, or enjoyment of the premises therein conveyed, nor will the Redeveloper himself, or any claiming under or through him establish or permit such practice or practices of discrimination or segregation with reference to the selection, lessees, subleases, or vendees in the premises therein conveyed. 4. Underground Utilities Existing and proposed utility distribution lines shall be placed underground wherever feasible. E. OTHER PROVISIONS NECESSARY TO MEET STATE AND LOCAL REQUIR94ENTS Chapter 403 of the 1975 Code of Iowa, as amended, authorized cities to exercise "urban renewal project powers" and certain other powers for the rehabilitation and redevelopment of blighted areas. Certain provisions are to be fullfilled in order to exercise these powers. These requirements are underlined, followed by the method of satisfying the requirement. 1. Resolution of Necessity Findink That Slum or a The Resolution of Necessity was adopted by the City Council on September 2, 1969. -21- 2. Resolution Determining Tha oraat the Urban Renewal is o �liehted AreC:ombinatlon T W11 The Resolution designating the area as a slum or blighted area and appropriate for an Urban Renewal Project was passed by the City Council on September 2, 1969. 3. A General Plan for the Municipality This constitutes that Comprehensive Plan for the City of Iowa City as adopted by the City Council. The General Plan is continually under review, with updating of major plan elements on a systematic basis. The Workable Program for Community Improvement was most recently certified on June 1, 1973. 4. Planning COmmlSSlon Recommendations as to Conformity of the Urban Renewal Plan wi the General Plan. The Planning Commission recommendations were forwarded to the City Council on September 5th, 1967. S. Public Hearing on the Urban Renewal Project After Public Notice Thereof Public Hearings pursuant to State and local law were held on September 23, 1969, May 1, 1973, September 21, 1976, and May 10, 1977. 6. Approval of the Urban Renewal M a. A feasible method exists for relocating families All families and individuals from the area will be offered descent, safe and sanitary accommodations within their means and without undue hardship to such families. b. The Urban Renewal Plan conforms to the general plan of the ...............'1 . s. -- The Urban Renewal Plan conforms and follows from the Comprehensive Plan of the City of Iowa City. The Resolution approving of the Urban Renewal Project was passed by the City Council on October 2, 1969. F. PROCEDURE FOR CHANGES IN THE APPROVED URBAN RENEWAL PLAN If the City desires to modify this plan, it may do so after holding a public hearing on the proposed change in accordance with applicable State and local Law. Any change affecting any property or contractual right can be effectuated only in accordance with applicable State and local Law. Land Acquisition Plan C '611 : a 7 a I C 0 ca College St. 'D 95 70 B3 Burlington St. 3 5 4 3 2 r_ 0 in 94. 10 e 1516 17 12 13 14 is LL r_ Prepared By: Department of Community Development 82 16 y . ... ..... City -University Project Project Number Iowa R-14 City of Iowa City, Iowa Legend Block 146mber Floo Parcel klumber Rights -olf-Way Vacated Parcels To Be Acquired EM Project Boundary M I N EXHIBIT R -213D1 I 0 17 1516 17 12 13 14 is Prepared By: Department of Community Development 82 16 y . ... ..... City -University Project Project Number Iowa R-14 City of Iowa City, Iowa Legend Block 146mber Floo Parcel klumber Rights -olf-Way Vacated Parcels To Be Acquired EM Project Boundary M I N EXHIBIT R -213D1 I PROPOSED LAND USE N _WASHINOT ST. N D _u L-----] L I,FGEND COURT i 0 z J V ST. City - University Project Project Number Iowa R-14 City of Iowa City, Iowa ►�i'iiiiiii Exhibit R 213 B April, 1!777 CENTRAL BUSINESS'• DISTRICT CORE EEM UNIVERSITY AREA CENTRAL BUSINESS SERVICE AREA EM DEVELOPMENT AREA WWR BOUNDARY PROJECT AREA BOUNDARY DEVELOPMENT AREA 0 NUMBER RESTRICTED STREETS W**~ Q .COLLEGE ST BURLINGTON _._ST._._ rill IA _u L-----] L I,FGEND COURT i 0 z J V ST. City - University Project Project Number Iowa R-14 City of Iowa City, Iowa ►�i'iiiiiii Exhibit R 213 B April, 1!777 CENTRAL BUSINESS'• DISTRICT CORE EEM UNIVERSITY AREA CENTRAL BUSINESS SERVICE AREA EM DEVELOPMENT AREA WWR BOUNDARY PROJECT AREA BOUNDARY DEVELOPMENT AREA 0 NUMBER RESTRICTED STREETS W**~ Q LAND DISPOSITION PLAN N Z m LL WASHINGTON ST COLLEG ST i- -� O ' a BURLINGTON ST l 110-00 Jr-MIL!"ft nv LEGEND i BLOCK NUMBER PARCEL NUMBER DISPOS.. PARCEL ---- City -University Project Project N -amber Iowa R-14 City of Iowa City, Iowa April, 1977 Iii RESOLUTION NO. 77-153 RESOLUTION APPROVING CLASS C LIQUOR CONTROL LICENSE APPLTMTM BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Liquor Control License application is hereby approveTFor the following named person or persons at the following described location: George Dane dba/The Nickelodeon, 208 N. Linn Said approval shall be subject to any conditions I or re- strictions hereafter imposed by ordinance or State law. The City Clerk shall cause a recommendation for approval to he endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond, sketch of the premises and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by Balmer and seconded by Foster that the Resolution as re -a be adopted, and upon rho I caiL there were: AYES: NAYS: ABSENT: Balmer x deProsse x Foster x Neuhauser x Perret x Selzer x Vevera x Passed and approved this 24th day of May 19 ?7 'i L a� RESOLUTION NO PROVAL 77-154 B Beer BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class B Beer Sunday Sales Permit application is hereby approved for the following named person or persons at the following described location: Silver Ball, Ltd., 529 South Gilbert St. Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance of state law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, bond, and all other information or docu- ments required to the Iowa Beer and Liquor Control Department. It was moved by Balmer and seconded by that the Resolution as read Be adopted, and upon roll dere were: AYES: NAYS: ABSENT: Balmer x deProsse x Foster x Neuhauser x Perret x Selzer x Vevera x Passed this 24th day of May , 19 77 a 9� RESOLUTION NO. 77-155 RESOLUTION SETTING PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF FY 78 ASPHALT OVERLAY PROJECT DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECT- ING CITY ENGINEER TO PLACE SAID PLANS, ETC., ON FILE FOR PUBLIC INSPECTION. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That a public hearing on the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project is to be held on the 7thday of June , 1977 , at 7:30 P.M. in the Council Chambers, Civic Center, Iowa City, Iowa. 2. That the City Clerk is hereby authorized and directed to publish notice of the public hearing for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the city, not less than four (4) nor more than twenty (20) days before said hearing. 3. That the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project are hereby ordered placed on file by the City Engineer in the office of the City Clerk for public inspection. It was moved by Balmer and seconded by Foster that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x x x x x x x Balmer deProsse Foster Neuhauser Perret Selzer Vevera Passed and approved this 24th day of May , 1977 Mayor ILdP .,� U Mayor ATTEST: (/tic.Es-iF • ff'Z'55' Received & Approved Deputy city Clerk By The Legal Department at__ O.A. / r�`/'-, & RESOLUTION NO. 77-156 RESOLUTION ADOPTING THE SCHEDULE OF FEES AND CHARGES FOR OAKLAND CEMETERY WHEREAS, the City of Iowa City, Iowa, owns and maintains Oakland Cemetery for the benefit of its residents, and WHEREAS, a schedule of fees and charges are necessary for the operation of a cemetery, NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the attached Schedule of Fees and Charges for Oakland Cemetery be adopted. It was moved by deProsse and seconded by Selzer that the Resolution as read be adopeted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x deProsse x Foster x Neuhauser x Perret x Selzer x Vevera Passed and approved this24th day of May , 1977. ATTEST: ��afi lI l3zEi z Deputy City Clerk RECEIVED 94Ay Dir~ , EY X93 A schedule of Fees �,u Charges as established by Crn...,,l is available at all times frcm the City Clerk. Said Schedule, as determined by Council, may be changed from time to time by resolution and without advance notice. Schedule of Fees and Charges. A. -.Operating Services. Weekday Sat. 1. Infant - two (2) years of age or less in Baby land section (burial space is extra). $ 35.00 $ 52.50 2._ Child - over two (2) years of age and less than ten (10) (burial space is extra). $ 60.00 $ 80.00 3. Adult - (burial space is extra). $125.00 $145.00 4. . Disinterment and re -interment. Actual cast with minunm charge equal to twice .the current charge for opening a grave of similar size. 5. Ashes (burial space is extra). $ 25.00 $ 37.50 6. Tent and equipn*nt (a service available from the Vault Company and provided by Oakland Cemetery only when there is to be no vault). $ 20.00 $ 30.00 7. An additional charge for extra maintenance will be node for each interment when the exterior container or caserent is made of a non -permanent material such as a wooden box. $ 60.00 $ 60.00 Any changes in grave location made after the actual opening of the grave has begun will result in an additional charge amounting to 100go of the originally stated opening and closing charge. 1 W asp C Price of Buria� Per Space. 1. Graceland (M*) 2. Graceland Drive (M) 3. Cedarview (F**) 4. Rose Hill (M) 5. Block 9 (new part) (F) 6. Grandview (M) 7. Glenview (F) 8. Prospect Hill (M) 9. Certain single graves in various older sections 10. Babyland, 2' x 4' plots (each) 11. Sunny Slope, 3' x 3' plots (F) 12. Oak Green (F) 13.- Fairview (M) 14.' Fernland (M) 15. Grandview 60-65 (M) Non -Residents. $230.00 $200.00 $225.00 $250.00 $250.00 $190.00 $175.00 $210.00 $ 60.00-$100.00 $-50.00 $ 55.00 $200.00 $150.00 $175.00 $ 0.00 In addition to the fees and charges in Part A and B above, an additional charge of one hundred percent (100%) for non-residents of Iowa City, Iowa, shall be made. For the purpose of these regulations a resident of Iowa City is a registered voter, or a property owner, or maintains a fixed in Iowa City. If a lot is purchased City, absence from the City shall not resident fee. * M=Monument ** F=Flush Marker abode with a mailing address while a legal resident of Iowa require payment of the non- X tic RESOLUTION NO. 77-157 RESOLUTION APPROVING PLANS, SPECIFICATIONS FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF CbLLEGE/DUBUQUE MALL - STORM AND SANITARY SEWER PROJECT ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECT- ING CITY CLERK TO PUBLISH NOTICE TO BIDDERS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. WHEREAS, notice of public hearing on the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project was published as required by law, and the hearing thereon held. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project are hereby approved. 2. That the amount of bid security to accompany each bid for the construction of the above-named project shall be in the amount of $6,000. payable to Treasurer, City of Iowa City, Iowa. 3. That the City Clerk is hereby authorized and directed to publish notice for the receipt of bids for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the city not less than four (4) nor more than twenty (20) days before the date established for the receipt of bids. 4. That bids for the construction of the above-named project are to be received by the City of Iowa City, Iowa, at the Office of the City Clerk, at the Civic Center, until 10:00 A.M. on the 15th day of June 19=. Thereafter, the bids will be opened by the City Engineer 'and thereupon referred to the Council of the City of Iowa City, Iowa, for action upon said- bids aidbids at its next meeting to be held at the Council Chambers, Civic Center, Iowa City, Iowa, at 7:30 P.M. on the 21st day of June , 1977 - Received & Approved By The Legal Department X96 Page 2 Resolution No. 77-157 It was moved by Balmer and seconded by that the Resolution as rea ed–b—pte-c, and upon roll ca t ere were: AYES: NAYS: ABSENT: x BALMER x dePROSSE x FOSTER x NEUHAUSER x PERRET x SELZER x VEVERA Passed and approved this 24th day of May , 1977. Qx,LL MAYOR ATTEST: �cf.-(/--�5 i epu y ITY CLERK o797 RESOLUTION NO. 77-158 RESOLUTION ESTABLISHING JUST CUMPENSATION FOR LOSS IN LAND VALUE DUE TO EASEMENT ACQUISITION FOR CDBG RALSTON CREEK INTERD-1 PROJECTS WHEREAS, the City of Iowa City, Iowa, hereinafter referred to as the City, did on December 7, 1976, pass Resolution No. 76-435 approving the work program for the Van Buren Street sewer, the Iowa -Illinois stormwater detention area, and the Highway No. One stormwater detention areas; and, WHEREAS, Resolution No. 76-435 expressed the intent of the Council to obtain fee title or easements for some properties affected by the project and also the intent of the City to use block grant funds for certain projects on Ralston Creek under the Housing and Community Development Act of 1974; and, WHEREAS, the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, applying to CDBG activities, requires the governing body of the local agency to establish an amount it believes to be just compensation for any real property acquisition; and, WHEREAS, said just compensation in cases of easement acquisition shall be the City's review appraiser's determination of the loss in market value of the property, or an amount no less than said appraiser's determination of loss in market value of the property due to the taking; and, WHEREAS, the Council has reviewed the information on which the fair market value was established; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA: 1. That the review appraiser's determination of loss in market valug for the properties listed in Exhibit A attached hereto and thereby included in the body of this resolution, is hereby declared to be Just Compensation for the purchase of easements over said properties; 2. That the staff of the City is hereby authorized and directed to begin negotia- tions for the purchase of said easements; 3. That the City Manager, acting as Executive Officer for all Housing and Community Development Block Grant Programs, is hereby authorized to contract for the purchase of said easements. im- Res. No. 77-158 -2- It was moved by Selzer and seconded by that the Resolution as read e adopted and upon roll call there —were.- AYES: ere: AYES: NAYS: ABSENT: x Balmer x deProsse x Foster x Neuhauser x Perret x Selzer x Vevera Passed and approved this 24th day of ATTEST: ?/�, ;�%,Z f Deputy City Clerk May Mayor Foster 1977. REC7I4?+'D A APPROVED 8Y Tl� LEGAL DEPASTUN2 EXHIBIT A JUST COMPENSATION FOR EASEMENT ACQUISITIONS DUE TO CDBG RALSTON CREEK INTERIM PROJECTS Project: Van Buren Street Sewer An easement 20 feet in width in part of lots 9 and 10, Lyman Cook's Subdivision of Out Lot 25, Iowa City, Johnson County, Iowa, which lies 10 feet on each side of the following described center line; beginning at a point on the east line of the said lot 10, which point is S 0 degrees 05 minutes E, 3.20 feet from the north east corner of the said lot 10; thence S 87 degrees 59 minutes 1V for a distance of 133.00 feet. Sam Abrams, recorded owner. Appraiser's. determination $500 Review Appraiser's determination $500 Project: Iowa -Illinois Stormwater Detention Area a. An easement commencing at the southeast corner of the northeast 4, of the southwest 4, of Section 14, Township 79 North, Range 6 West of the Fifth Principal Meridian; thence NO° 261W, 102.20 feet to the center- line of Lower Muscatine Road; thence N420 36' IV, 129.70 feet along the said center line; thence NO' 561E, 789.50 feet to the southerly right-of-way line of the C.R.I.F,P. rail road and the point of beginning; thence SO' 561W, 255.00 feet; thence S770 401E, 293.00 feet; thence 5180 301E, 206.00 feet; thence S68° 101E, 340.00 feet; thence NS' 531E, 35.56 feet; thence N390 501W, 480.00 feet; thence N310 301E, 38.00 feet; thence N61° 50'W, 430.00 feet along the said southerly right-of-way line of the C.R.I.$P. railroad to the point of beginning. /Iowa -Illinois Gas and Electric Company, recorded owner. Appraiser's determination $500 Review Appraiser's determination $500 b. An easement commencing at the southeast corner of the northeast 4 of the southwest 4, of Section 14, Township 79 North, Range 6 West of the Fifth Principal Meridian; thence NO° 261W, 102.20 feet to the center line of Lower Muscatine Road; thence N420 361W, 129.70 feet along the said center line; thence NO 561E, 789:50 feet to the southerly right-of-way line of the C.R.I.&P. Rail Road and the point of beginning; thence S61° SO'E, 430.00 feet along the said southerly right -o£ -way line; thence N31° 301E, 30.00 feet; thence N610 501W, 447.15 feet; thence SO' 56'W, 33.68 feet to the point of beginning. Chicago -Rock Island -Pacific Railroad, recorded owner. Appraiser's determination $300 Review Appraiser's determination $300 3L7& -2 - Project: Highway No. One Stormwater Detention Areas a. An easement commencing at an iron pipe along side a stone, said stone being on a plat recorded in Plat Book 4, page 109, Plat Records of Johnson County, Iowa, as being 343 feet northerly and 276 feet West of the Center of Sec. 2, Township 79 north, Range 6, West of the Sth P.M.; thence East 44.4 feet to an iron pipe on the Northerly right-of-way line of Highway #1 formerly designated as Highway 261; thence North 56° 46' East, 184 feet along said right-of-way line to an iron pipe and the point of beginning; thence from said point of beginning, N 9* 45' W, 172.00 feet; thence N670 56' E, 45.00 feet; thence S190 571E, 153.15 ft.; thence S 560 461W, 77.50 feet to the point of beginning. Ruth Ann Wahl Rogers, recorded owner. Appraiser's determination $300 Review Appraiser's determination $300 b. An easement commencing at an iron pipe along side a stone, said stone being shown on a plat recorded in Plat Book 4, page 109, Plat Records of Johnson County, Iowa, as being 343 feet Northerly and 276 feet West of the center of Sec. 2, Township 79 North, Range 6, West of the 5th P.M.; thence East 44.4 feet to an iron pipe on the Northerly right-of-way line of Highway #1 formerly designated as Highway 261; thence North 560 46' East 184 feet along said right-of-way line to an iron pipe; thence N90 451W, 172.00 feet to the point of beginning; thence N90 451W, 273.00 feet; thence 52O' 181E, 266.85'; thence 5670 561W, 50.00 feet to the point of beginning. Florence Coapstick for the estate of Ronald Coapstick, recorded owner. Appraiser's determination $300 Review Appraiser's determination $150 i C. An easement commencing at an iron pipe along side a stone, said stone being shown on a plat recorded in Plat Book 4, page 109, Plat Records of Johnson County, Iowa, as being 343 feet Northerly and 276 feet West of the center of Sec. 2, Township 79 North, Range 6, West of the 5th P.M.; thence East 44.4 feet to an iron pipe on the Northerly right-of-way line of Highway #1 formerly designated as Highway 261; thence North 56° 46' East, 184 feet along said right-of-way line to an iron pipe and the point of beginning; thence from said point of beginning, S 56° 461W, 45.00 feet; thence N19° 3O1W, 185.00 feet; thence N1° 071E, 281.23 feet; thence N 670 471E, 20.00 feet; thence S 9° 451E, 445.00 feet to the point of beginning. William T. and Ada Hills, recorded owners. Appraiser's determination $300 Review Appraiser's determination $450 301 -3- d. An easement commencing at a railroad rail which marks the intersection of the East line of the West i, of the West 31, of the Northeast 4 of Section 2, Township 79 North, Range 6 West of the Sth P.M. in Iowa City, Johnson County, Iowa, and the Northwesterly right-of-way line of Highway No. 1; thence N 1° 02'W, 309.90 ' along the said East line to the point of beginning; thence S 67° 471W, 178.00 feet; thence N 510271W, 157.97 feet; thence S 83° 501E, 290.00 feet to the point of beginning. Harold J. and Doris Peters, recorded owners. Appraiser's determination $300 Review Appraiser's determination $200 e. An easement beginning at a railroad rail which marks the intersection of the.East line of the West 11, of the West g of the Northeast 4 of Section 2, Township 79 North, Range 6 West of the 5th P.M. in Iowa City, Johnson County, Iowa, and the North Westerly right-of-way line of Highway No. 1; thence N200 091W, 206.00 feet; thence N 63° 41% 110.90 feet; thence N 670 471E, 178.00 feet; thence S 10 021E, 309.90 feet along the said East line to the point of beginning. Clarence E. and Florence Hagen, recorded owners. Appraiser's determination $300 Review Appraiser's determination $300 f. An easement beginning at a railroad rail located on the east line of the west 't, of the {Vest k, of the northeast 4 of Section 2, Township 79 North, Range 6 West of the 5th P.M. in Iowa City, Johnson County, Iowa, and the north westerly line of Highway No. 1 right-of-way; thence N 10 021W, 309.90 feet along the said east line; thence S 340 181E, 262.13 feet; thence S 56° 43' W, 170.00 feet to the point of beginning. Donald J. Gatens, recorded owner. Appraiser's determination $300 Review Appraiser's determination $400 ,3a.;7- -tl"( RESOLUTION NO. 77-159 A RESOLUTION AUTHORIZING TfiE MAYOR TO EXECUTE AND THE CITY CLERK TO CERTIFY AN AGREENENT BETI^7EFN IOWA -ILLINOIS GAS AND ELE) RTC COMPANY AND THE CITY OF IOWA CITY, IOWA, WHICH PROVIDES FOR AN EASEMENT UPON CERTAIN PROPERTY OWNED BY IOWA -ILLINOIS GAS AND ELECTRIC COMPANY FOR A STORM WATER DETENTION POND. WHEREAS, the City is in the process of implementing a program to provide for the detention of storm water runoff, storm water impoundments, and similar facili- ties in order to help reduce flooding along certain streams in the Iowa City area, and, WHEREAS, Iowa -Illinois desires to cooperate with the City in this program, and, WHEREAS, the City's consultants have recomTended that a storm water detention facility be built upon certain property awned by Iowa -Illinois Gas and Electric Company, and WffEREAS, the City Attorney has negotiated an agreement with the Iowa -Illinois Gas and Electric Capany proving for an easement for a storm water detention facility upon certain property owned by Iowa -Illinois Gas and Electric Company, a copy of which is attached and by this reference made a part hereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the Mayor be authorized to execute and the City Clerk be directed to certify the attached agreement between the City of Iowa City, Iowa, and Iowa - Illinois Gas and Electric C npany. It was moved by Selzer and seconded by deProsse that the Resolution as read be adopted, and upon roll call there were - AYES: NAYS: ABSENT: X Balmer x deProsse x Foster x Neuhauser x Perret X Selzer x Vevera Passed and approved this 24th day of May , 1977. �� l . • � r ATTEST: T/ . sn c; mayoa Deputy City Clerk RuCEIVED & APPROY7D BY TEE .LEGAL DXPA4TMi:NT )W - 303 /& - STORM WATER DETENTION AGREEMENT The undersigned, Iowa -Illinois Gas and Electric Company, Incorporated, hereinafter referred to as Iowa -Illinois, and the City of Iowa City, Iowa, a municipal corporation, hereinafter referred to as the City, hereby enter into the following agreement. WHEREAS, the City is in the process of implementing a program to provide for the detention of storm water runoff, storm water impound- ments, and similar facilities in order to help reduce flooding along certain streams in the Iowa City area, and, WHEREAS, Iowa -Illinois desires to cooperate with the City in this program, and, WHEREAS, the City's consultants have recommended that a storm water detention facility be built upon certain property owned by Iowa - Illinois Gas and Electric Company as more particularly described in the exhibits attached to this agreement. NOW THEREFORE IT IS AGREED AS FOLLOWS: 1. Iowa -Illinois agrees that the City may construct a storm water impoundment facility on property owned by Iowa -Illinois Gas and Electric Company immediately south of the Chicago, Rock Island and Pacific Rail- road Company right of way in Iowa City, Johnson County, Iowa, as generally shown by the storm water facility drawing attached to this agreement and marked as Exhibit A. In addition, Iowa -Illinois hereby 26Y - 2 - grants to the City a ponding easement for detained water, said easement being more particularly described in the document attached to this agreement and marked as Exhibit B. 2. The City agrees to hold Iowa -Illinois harmless from any claim of damages that might arise as a result of the construction or operation of said storm water detention facility and agrees to indemnify Iowa -Illinois in connection with any claim of damages arising out of the operation of the facility and agrees to defend Iowa -Illinois in the event that Iowa -Illinois is a defendant in any lawsuit or court proceeding concerning the storm water facility. 3. The City agrees to maintain the facility and to keep it clear of trash and debris. 4. Iowa -Illinois shall have the right, upon 30 days' written notice to the City, to remove the storm water impoundment and storm water facility at any time. The City agrees, if requested by Iowa -Illinois, to remove the structure itself at the end of said 30 -day notice period. Following removal of the storm water facility and following the termi- nation of the 30 -day notice period described in this paragraph the ease- ment and grant permission contained in this agreement shall stand automatically terminated. Dated at Iowa City, Iowa, this 1yWL, day of March, 1977. 36,f -3 - IOWA -ILLINOIS GAS AND ELECTRIC COMPANY By: zatiQ�� Officer residee-Iz� By: _JkIL-� Officer Secretary CITY OF IOWA CITY By: TRALU C. Mary NTTauser, Mayor Attest: ?/+c'Q•f City Clerk —� 3e4 CREEK EXISTING FENCE I I Poavr OF OUTLET PIE 4 `? ;, r YLIL�S�S OF POOL 2' S AFTER STORM'CEASES' PROPOSED , FENC O -n .i, 1\ J A r• �.,1 r Fj �l\f 4�1 , l Y ' • -.• ... ..• .... .. .. EMBdtkMN,T z * s '� ... MATERIALS STORAGE YARD ..... LIMIT OF i• „•„ 'n .�y, , ,J•� ...t c MAX. POOL •� .�� �.: S?i°''�� / '�� `tea t' i ri. ,: r ��/-tit�i �.� �� G((� t+• fl .1 4 fir„• al ,� v`1. ° !' rPRRiC2NG `PIv'p Z LOADING HREA./•>,`. Y 5 o- ` --•--3 to. 00' J IOWA -ILLINOIS GASa. D ELECTRIC COMPANY' d BUILDING O a cn — y i w m rrl •' i O r P014DING EASEMENT Owner: Iowa -Illinois Gas & Electric Company, Iowa City, Iowa Legal Description: Commencing at the southeast corner of the northeast '„ of the southwest ;, of Section 14, Township 79 North, Range 6 West of the Fifth Principal Meridian; thence NO' 261W, 102.20 feet to the centerline of Lower Muscatine Road; thence N420 36' W, 129.70 feet along the said center line; thence NO' 561E, 789.50 feet to the southerly right-of-way line of the C.R.I.$ P. rail road and the point of beginning; thence SO' 561W, 255.00 feet; thence S77' 401E, 293.00 feet; thence S18' 301E, 206.00 feet; thence S68' 101E, 340.00 feet; thence N5' 531E, 35.56 feet; thence N39' 501W, 480.00 feet; thence N311 301E, 38.00 feet; thence N61' 501W, 430.00 feet along the said southerly right-of-way line of the C.R.I.& P. railroad to the point of beginning. I EXHIBIT B I RESOLIIPION NO. 77-16o RESOLUPION A WRIZIM EWJ=ON OF AGREEMENT FOR OVERSIZING SANITARY SEWER wmrm S, the City of Iowa City, Iowa, has negotiated ah aoreement with Ty'n Cae, Inc. , a copy of said agreement being atta to this Resolution s reference made a part hereof. and, M EFEAS, the City Council deans it in the public interest to enter into said agreement for to oversize the sanitary sewer in the Ty'n Cae subdivision hP Ci y share of the project being 16.188.75. NOW, THEREE'ORE, BE IT RESOLVED BY THE CITY COUNCIL: 1. That the Mayor and City Clerk are hereby authorized and directed to execute the agreement with Ty'n Cae, Inc. 2. That the City Clerk shall furnish copies of said agre@ment to any citizen requesting same. it was moved by Selzer and seconded by Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSERr: x Balmer " deProsse x Foster x Neuhauser x Perret x Selzer x Vevera Balmer the Passed and approved this 24th day of May , 1977. l rtu,j C l ud1,1'a,! u i A Mayor ATPEST: _ Zzac.�t :�. Z� z�/ Deputy City Clerk Received & Approved By The legal Department a,K �0 9 AGREEMENT WHEREAS,_ Ty'n Cae Inc is the Developer of the Ty'n Cae subdivision, an Addition to the City of Iowa City, Iowa, according to the recorded Plat thereof, and WHEREAS, the City Council and the Planning � Zoning Commission of Iowa City, Iowa have required, as a condition of the approval of said subdivision, that the Developer shall oversize certain sanitary sewers within the subdivision, as shown on Attachment "A", and WHEREAS, the City of Iowa City has agreed to reimburse the Developer for the cost of said oversizing which is in excess of the pipe size necessary for serving the subdivision and said cost has been determined to be less than Ten Thousand Dollars ($10,000.001 and that no bids are required, pursuant to Chapter 384 of the Code of Iowa, and the City of Iowa City has determined that the cost of Six thousand, One Hundred and eiqhtv-eiqht dollars and sevens five cents ( $ 6,188.75 ) is a fair and reasonable price for the cost of the additional sizing of the sewer required. IT IS THEREFORE AGREED, by and between the parties as follows: _1. That the Developer shall contract for the installation of said sewers, and shall be responsible for seeing that they are ir.:;talled, pursuant to the ordinances, rules, regulations and specifications of the City of Iowa City, Iowa. 2. That upon completion of the sewer improvement and the acceptance of the work by the City of Iowa City, that the City of Iowa City shall pay to the Developer, the sum of Six thousand, One Hun- dred eighty-eight dollars and seventy five cents$_ $ 6,188.75 as full payment for its share of the improvement as indicated on the Attachment. 3. It is understood and agreed by and between the parties that nothing herein contained, nor shall the entering into of this agreement by the City of Iowa City be deemed to constitute Received & Approved By The Legal Department a k� in any way a waiver of any of the ordinances, rules, regulations or specifications of the City of Iowa City, and the Developer hereby agrees to comply with all ordinances, rules, regulations and specifications of the City of Iowa City, and all of the laws of the State of Iowa. Dated at Iowa City, Iowa, this_ a y day of- May , A.D., 19 77 . CITY OF IOWA CITY By; ld By: j/R,0 W C. lA 1P��P G ick McCreedy, Vice P esident MAYOR Ty'n Cae Inc. 2009 Ridgeway Iowa City, Iowa Attest: 7/-`ct+ q- DEPUTY CITY CLERK Received & Approved - 2- By The Legal Department 3// Ff X&-4 - I" RESOLUTION 77-161 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE CONTRACTS FOR YOUTH SERVICES IN THE IOWA CITY, IOWA, AREA WITH THE PALS PROGRAM OF JOHNSON COUNTY EXTENSION SERVICE. WHEREAS, the City Council of Iowa City, Iowa, deems it in the public interest to provide youth in the Iowa City area with volunteer adult companionship for youths between the ages of 6 and 14, and WHEREAS, PALS Program provides matching volunteers for youths in the Iowa City area between these ages, and WHEREAS, the City of Iowa City, Iowa, is empowered by the State law to enter into contracts and agreements, and WHEREAS, the PALS Program is a non-profit program of the Johnson County Extension Service which is organized and operates under the State laws of Iowa, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the Mayor be authorized to execute the attached contract and by this reference be made a part hereof and the City Clerk be directed to certify the said agreement. It was moved by deProsse and seconded by Foster that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Balmer x deProsse X Foster X Neuhauser X Perret X Selzer X Vevera Passed and approved this 24th day of May 1977. C. Mayor ATTEST: 2�. &Q• �� City Clerk RECEIVED & APPROVED BY THE LEGAL DEPARTIMT tic 515-1-77 _�7/61_ fj -=� AGREEMENT This agreement was made and entered into this day of 97 , 1977, by and between the City of Iowa City, a municipal corporation, hereinafter referred to as the City, and Johnson County Extension Service, hereinafter referred to as PALS Program, for one year beginning July 1/1977, and ending June 30, 1978. NOW, THEREFORE, it is hereby ag ed by and bet een the parties hereto that the City does retain the PALS Program o act for nd represent it in all matters involved in the terms of the Agreem t. S h contract of employment to be sub- ject to the following terms and condi -on and stipulations, to wit: PALS Program shall not permit a the following employment practices: a. To discharge from em oyment o refuse to hire any individual because of their r e, color, crd, religion, sex or national origin. b. To discriminat against any individual in terms, conditions, or privileges of employment because of their race, color, creed, religion, s or national origin. SCOPE OF SERVICES The PALS Program agrees to provide the community with volunteer adult companionship for youths between the ages of 6 and 14, matching volunteers with the youths. Included in the PALS Program shall be a full-time PALS Coordinator who shall orient and screen prospective volunteers, provide quarterly reports to the Council, and provide follow-up programs. II. GENERAL TERMS 1. The City of Iowa City shall pay to Johnson ounty Extension Service for the PALS Program the sum of $935/month $11,220/year) with the agreement betwee the parties that the sa dt money shall be used toward the salary for the full-time PALS Coordi ator. The remainder of the PALS Program budget, including but not imited to office supplies and telephone service, wi be funded by a Johnson County Extension Service and the PALS Board. 2. The City will transfer fund quarterly to Johnson County Extension Service. 3. For the purposes of this Agree ent, the Coordinator shall be considered an employee of the Johnson C -u y the Service and any fringe bene- fits received by the Coordi for hall be through the said Johnson County Extension Service. The Co rdinato of the PALS Program shall adhere to the personnel policy of a Johnson ounty Extension Service. The Johnson County Expansion Service, acting as an agent on behalf of Johnson County, agrees to defend, indemnify and save harmless the City of Iowa City, Iowa, and its officers, employees and agents from any and all liability or claims of damages arising under the terms of this agree- ment or for any torts or wrongdoings caused by the PALS staff`, including but not limited to any injuries to persons or property served by or coming into contact with the PALS Program. 313 5. The Johnson County Extension Service will provide the necessary accounting for payroll and supplies. 6. The Coordinator of the Program will submit quarterly progress reports to the City Council and the City of Iowa City. , 7. This contract may be terminated upon thirty days otice by either party. All outstanding bills are to be paid upon termin tion within a 30 -day period will no liability of tie City beyond tha 30 -day period. CITY OF IOWA CITY By: 1 e C p A MAYOR t Attest: 2Gc�e �• �'y� �z/1tcz�cj CITY CLERK COUNTY EXTENSION SERVICE Received & Approved By The Legal Department 6-1-i . ?L6 AGREEMENT This Agreement was made and entered into this 1st day of July, 1977 , 1977, by and between the City of Iowa City, a municipal corporation, hereinafter referred to as the City, and Johnson County Extension Service, hereinafter referred to as PALS Program, for one year beginning July 1, 1977, and ending June 30, 1978. NOW, THEREFORE, it is hereby agreed by and between the parties hereto that the City does retain the PALS Program to act for and represent it in all matters involved in the terms of the Agreement. Such contract of employment to be sub- ject to the following terms and conditions and stipulations, to wit: PALS Program shall not permit any of the following employment practices: To discharge from employment or refuse to hire any individual because of their race, color, creed, religion, sex or national origin. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, color, creed, religion, sex or national origin. SCOPE OF SERVICES The PALS Program agrees to provide the community with volunteer adult companionship for youths between the ages of 6 and 14, matching volunteers with the youth. Included in the PALS Program shall be a full-time PALS Coordinator who shall orient and screen prospective volunteers, provide quarterly reports to the Council, and provide follow-up programs. II. GENERAL TERMS The City of Iowa City shall pay to Johnson County Extension Service for the PALS Program the sum of $935/month ($11,220/year) with the agreement between the parties that the said money shall be used toward the salary for the full-time PALS coordinator. The remainder of the PALS Program budget, including but not limited to office supplies and telephone service, will be funded by the Johnson County Extension Service and the PALS Board. 2. The City will transfer funds quarterly to the PALS Program. 3. For the purposes of this Agreement, the Coordinator shall be considered an employee of the Johnson County Extension Service and'any fringe bene- fits received by the Coordinator shall be through the said Johnson County Extension Service. The Coordinator of the PALS Program shall adhere to the personnel policy of the Johnson County Extension Service. The Johnson County Extension Service, acting as an agent on behalf of Johnson County, agrees to defend, indemnify and save harmless the City of Iowa City, Iowa, and its officers, employees and agents from any and all liability or claims of damages arising under the terms of this agree- ment or for any torts or wrongdoings caused by the PALS staff, including but not limited to any injuries to persons or property served by or coming into contact with the PALS Program. .313 5. The Johnson County Extension Service will provide the necessary accounting for payroll and supplies. 6. The Coordinator of the Program will submit quarterly progress reports to the City Council and the City of Iowa City. 7. This contract may be terminated upon thirty days notice by either party. All outstanding bills are to be paid upon termination within a 30 -day period with no liability of the City beyond that 30 -day period. CITY OF IOWA CITY, IOWA: at1 d Q.1 ATTEST: C/Z� XL_ L•�— _ r� City Clerk JOHNSON COUNTY EXTENSION SERVICE: RESOLUTION NO. 77-162 RESOLUTION APPROVING CLASS A LIQUOR CONTROL LICENSE APPLTTIM BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class, A Liquor Control License application is hereby approv- ed -for the following named person or persons at the following described location: LeRoy E. Weekes Post #3949, Veterans of Foreign Wars, 609 Highway 6 Bypass Said approval shall be subject to any conditions ( or re- strictions hereafter imposed by ordinance or State law. The City Clerk shall cause a recommendation for approval to he endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond, sketch of the premises and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by Foster and seconded by Selzer that the Resolution as read-Fe—adopted, and upon-01 there were: AYES: NAYS: ABSENT: Balmer x deProsse x Foster x Neuhauser x Perret x Selzer x Vevera x Passed and approved this 31st day of May 19 77 RESOLUTION NO. 77-163 M BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class A�Li or Sunday Sales Permit application is hereby approvedof r the following named person or persons at the following described location: LeRoy E. Weekes Post #3949, Veterans of Foreign Wars, 609 Highway 6 Bypass Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance of state law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, bond, and all other information or docu- ments required to the Iowa Beer and Liquor Control Department. It was moved by Foster and seconded by Selzer that the Resolution as read e a op e , and upon roll call there were: AYES: NAYS: ABSENT: Balmer x deProsse x Foster x Neuhauser x Perret Selzer x Vevera x Passed this 31st x day of May 1 19 77 ,; / r�/ RESOLUTION NO. 77-164 RESOLUTION APPROVING CLASS C LIQUOR CONTROL LICENSE APPLTWTM BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Liquor Control License application is hereby approved�or the following named person or persons at the following described location: Boulevard Room, Ltd. dba That Deli -That Bar, 325 E. Market Said approval shall be subject to any conditions I or re- strictions hereafter imposed by ordinance or State law. The City Clerk shall cause a recommendation for approval to he endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond, sketch of the premises and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by that the Resolution there were: Balmer deProsse Foster and seconded by Selzer as regia be adopted, and upon rod ca AYES: NAYS: x x ABSENT: Foster x Neuhauser x Perret x Selzer x Vevera x Passed and approved this 31st day of May , 19 77 Y17 RESOLUTION NO. 77-165 BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Liquor Sunday Sales Permit application is hereby approved for the following named person or persons at the following described location: Boulevard Room, Ltd. dba That Deli -That Bar, 325 E. Market Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance of state law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, bond, and all other information or docu- ments required to the Iowa Beer and Liquor Control Department. It was moved by Foster and seconded by Selzer that the Resolution as read be a op e , and upon roll call there were: AYES: NAYS: ABSENT: Balmer x deProsse x Foster x Neuhauser x Perret x Selzer x Vevera x Passed this 31st day of May , 19 77 31Y RESOLUTION NO. 77-166 RESOLUTION SETTING PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF PROJECTS IN THE ARCHITECTURAL BARRIERS CONTRACT DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECT- ING CITY ENGINEER TO PLACE SAID PLANS, ETC., ON FILE FOR PUBLIC INSPECTION. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That a public hearing on the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project is to be held on the 14thday of June , 19 77 , at 7:30 P.M. in the Council Chambers, Civic Center, Iowa City, Iowa. 2. That the City Clerk is hereby authorized and directed to publish notice of the public hearing for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the city, not less than four (4) nor more than twenty (20) days before said hearing. 3. That the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project are hereby ordered placed on file by the City Engineer in the office of the City Clerk for public inspection. It was moved by Foster and seconded by Selzer that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x BALMER x dePROSSE x FOSTER x NEUHAUSER x PERRET x SELZER x V EV ERA Passed and approved this 31st day of May 19 77 Mayor ATTEST: City Clerk Received & Approve - By The Legal Department ►, ,�Iz ro RESOLUTION NO. 77-167 RESOLUTION DIRECTING THE ADVERTISEMENT FOR SALE OF $3,015,000 GENERAL OBLIGATION BONDS (FOR AN ESSENTIAL CORPORATE PURPOSE) WHEREAS, the City of Iowa City, Iowa, is in need of funds to pay costs of construction and reconstruction of street improvements, sidewalks, traffic control devices, sanitary sewers and waste water treatment facilities, recon- struction and repair of bridges including costs in connec- tion with wastewater treatment facility study, Muscatine Avenue Improvement Project, Sycamore and Highway #6 Intersection Improvement Project, East-West One Way Couplet Project #2, Morman Trek Boulevard Improvement Project, City Bridge Repair Project, Riverside and Benton Intersection Improvement Project and Central Business District Streetscape Improvement Project, separately and in combination an essential corporate purpose project, and it is deemed necessary and advisable that the City issue general obligation bonds for said purpose to the amount of $3,015,000 as authorized by Section 384.25 of the City Code of Iowa; and WHEREAS, pursuant to notice published as required by Section 384.25 this Council has held a public meeting and hearing on May 17 , 1977, upon the proposal to institute proceedings for the issuance of the above described bonds, and all objections, if any, to such Council action made by any resident or property owner of said City were received and considered by the Council; and it is the decision of the Council that additional action be taken for the issuance of said bonds, and that such action is considered to be in the best interests of said City and the residents thereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: Section 1. That the bonds hereinafter described be offered at public sale, pursuant to advertisement as required by law. Section 2. That the Clerk is hereby directed to publish notice of sale of said bonds for two successive weeks in the The Iowa City Press-Citizen,_a legal newspaper, printed wholly in the English language, published in the City of Iowa City, County of Johnson, State of Iowa, such newspaper being located in the County where the bonds are to be offered for sale, pursuant to the provisions of Chapter 75 of the Code of Iowa, said notice to state that this Council on the 28th day of June , 1977, at 1:30 o'clock P.M., will hold a meeting to receive and act upon bids for said bonds; see attached notice: -3 - AHLERS. GOONEY. DORWEILER. HAYNIE & SMITH. LAWYERS. DES MOINES. IOWA 3aa OFFICIAL NOTICE OF SALE $3,015,000 CITY OF IOWA CITY, IOWA Essential Corporate Purpose Bonds Sealed bids will be received until 1:00 P.M., on the 28th day of June, 1977, at the office of the Director of Finance in the Civic Center, Iowa City, Iowa, for the purchase of $3,015,000 Essential Corporate Purpose Bonds of the City of Iowa City, Iowa, at which time such bids will be referred to the City Council of said City at its meeting to be then held at the Council Chambers in the Civic Center in said City. Open bidding will be concluded not later than 1:30 o'clock P.M., and, after the best open bid has been determined, the sealed bids will be publicly opened and the bonds will be sold to the highest bidder for cash. Sealed bids will be fully protected. Bonds will be dated June 1, 1977 in the denomination of $5,000 each, and to mature as follows: MATURITIES - June 1 $115,000 .......... 1979 $300,000 .......... 1983 $325,000 .......... 1986 200,000 .......... 1980 300,000 .......... 1984 325,000 .......... 1987 200,000 .......... 1981 300,000 .......... 1985 325,000 .......... 1988 300,000 .......... 1982 325,000 .......... 1989 Said bonds will bear interest payable December 1, 1977 and semiannually thereafter and will be registrable as to principal only. None of said bonds will be optional for redemption prior to maturity. Both principal and interest will be payable at the office of the City Treasurer, Iowa City, Iowa. Each bid must be only for all of said bonds upon terms of not less than par and accrued interest and shall specify the interest rate or rates for the bonds in a multiple of one-quarter or one-tenth of one percent provided that only one rate shall be specified for a single maturity and not more than three (3) rates may be named. Repeating a previously mentioned rate will not constitute an additional interest rate. The difference between the highest and lowest rate of in- terest bid shall not exceed 1 1/2% per annum and the maximum rate of interest which may be bid shall not exceed 6%. Each installment of interest will be represented by a single coupon on each bond. The bonds will be awarded to the best bidder determined upon the basis of the lowest total interest cost at the rate or rates designated in his bid from June 1, 1977 to the respective final maturity dates, after deducting any premium. These bonds constitute general obligations of the City payable from taxes levied upon all the taxable property in the City without limitation as to rate or amount. Said bonds are expected to be delivered within thirty (30) days after the sale at any mutually agreeable bank or trust company in the City of Chicago, Illi- nois or Des Moines, Iowa, without expense to the purchaser. Should delivery be delayed beyond sixty (60) days from date of sale for any reason without the fault of the City, or except failure of performance by the purchaser, the purchaser may withdraw his check and thereafter his interest in and liability for the bonds will cease. When the bonds are ready for delivery, the City will give the successful bidder five (5) days' notice of the delivery.date and the City will expect payment in full in immediately available funds on that date, otherwise reserving the right at its option to determine that the bidder has failed to comply with his offer of purchase. The City will furnish the printed bonds and the approving opinion of Messrs. Ahlers, Cooney, Dorweiler, Haynie and Smith, Lawyers, Des Moines, Iowa, together with the transcript and usual closing papers, including non -litigation certificate. Said opinion will be printed on the bonds and will recite that, based on existing statutes and decisions, interest on said bonds is exempt from present federal income taxes. Each bidder must furnish a separate certified or cashier's check drawn on a solvent state or national bank or trust company as bid security in the amount of $60,300 payable to the order of the City Treasurer of said City as a guarantee of good faith, this amount to be retained pending full per- formance by the successful bidder and to be forfeited to the City as agreed liqui- dated damages upon failure of the purchaser to take up and pay for the bonds when ready in accordance with his bid, which must be reduced to writing on the Official Bid Form. -4- 3a3 The City Council reserves the right to waive informalities in any bid, to reject any or all bids and to determine in its sole discretion the best bid. The City Council has authorized the preparation of an Official Statement containing pertinent information relative to the City. For copies of that State- ment and the Official Bid Form, or for any additional information, any prospective purchaser is referred to Rosemary Vitosh, Director, Department of Finance, Civic Center, Iowa City, Iowa, or the Municipal Finance Consultants to the City, Paul D. Speer 6 Associates, Inc., 20 North Wacker Drive, Chicago, Illinois 60606. Tele- phone: Area 312 - 346-0858. By order of the City Council of the City of Iowa City, Iowa. May 31, 1977 -5- /s/ ABBIE STOLFUS City CZerk PASSED AND APPROVED, this 31st day of May , 1977. ATTEST: AHLERS. GOONEY. DORWEI LER. HAYN IE9 SMITH. LAWYERS, DES MOINES. IOWA RESOLUTION NO. 77-168 A RESOLUTION DESIGNATING LEGAL HOLIDAYS ON WHICH THE REGULATION BY PARKING METERS OF THE PARKING OF VEHICLES UPON STREETS OF THE CITY OF IOWA CITY, IOVA, SHALL BE SUSPENDED. WHEREAS, 6.19.01 of Ordinance No. 77-2835, authorizes that within park- ing meter zones, the parking of vehicles upon streets shall be regulated by parking meters between the hours specified by the City Traffic Engineer on any day except Sundays and legal holidays as designated by the City Council, and WHEREAS, the City Council deems it necessary to designate such legal holidays. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOVa: 1. That within parking meter zones, the parking of vehicles upon streets shall be regulated by parking meters between the hours specified by the City Traffic Engineer on any day except Sundays and the following legal holidays: A. The first day of January (New Year's Day); B. The last Monday in May (Memorial Day); C. The fourth day of July (Independence Day); D. The first Monday of September (Labor Day); E. The fourth Thursday of November (Thanksgiving Day); F. The twenty-fifth day of December (Christmas Day). It was moved by Foster and seconded by deProsse that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x deProsse x Foster x Neuhauser x Perret x Selzer x Vevera Passed and approved this 31st day of May 1977. C. Mayor ATTEST City Clerk RECEIVED & APPROVED BY THE LEGAL DEPARTMENT ijcvc -77 —16 7 COMPLETE &-RETURb TO May 31 1977 The Council of Iowa City, Iowa, met on the above date, in regular session, pursuant to law and the rules of said Council and in accordance with the terms of a Notice of Meeting, a copy of which was served on each member of the Council and accepted in writing by each member thereof, said Notice of Meeting being as follows: NOTICE stay �1 1977 TO: John Balmer, Carol deProsse, L. P. "Pat" Foster, David Perret, Max Selzer, Robert Vevera Council Members Iowa City, Iowa You are hereby notified that a meeting of the above Council will be held on the 11ct day of may 1977, at the Council Chambers, Civic Centex, Iowa City, Iowa, at 7:30 o'clock P• M., for the purpose of adopting a Resolution Directing the Advertisement for Sale of $3,015,000 General Obligation Bonds (For an Essential Corporate Purpose), and for such other business in connection therewith as may come before the meeting. Respectfully submitted,/ Service of the foregoing -notice is hereby acknowledged: /s/ John Balmer /s/ Carol deProsse /s/ L. P. "Pat" Foste /s/ David Perret /s/ Max Selzer /s/ Robert Vevera -1- AM LEAS. COON EY. DORWEILER. HAYN IE&SMITN. LAWYERS. DES MOINES. IOWA The meeting was called to order by Mary C. Neuhauser Mayor, and on roll call the following Council Members were present: Balmer, deProsse, Foster, Neuhauser, Selzer, and Vevera Absent: Perret Council Member deProsse introduced the following Resolution entitled "RESOLUTION DIRECTING THE ADVERTISEMENT FOR SALE OF $3,015,000 GENERAL OBLIGATION BONDS (FOR AN ESSENTIAL CORPORATE PURPOSE)", and moved its adoption. Council Member Foster seconded the motion to adopt. The roll was called and the vote was, AYES: Foster, Neuhauser, Selzer, Vevera, Balmer, deProsse NAYS: none ABSENT: Perret Whereupon, the Mayor declared the resolution duly adopted as follows: -2- ANLERS. COONEY. DORWEILER. HAYNIE Q SMITH. LAWYERS. DES MOINES. IOWA RESOLUTION NO. 77-169 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE CONTRACTS FOR YOUTH SERVICES IN THE IOWA CITY AREA WITH THE MAYOR'S YOUTH EMPLOYMENT PROGRAM WHEREAS, the City Council of Iowa City, Iowa, deems it in the public interest to provide Johnson County youth between the ages of 14 and 18, who are either current ADC recipients or who are determined to'be disadvantaged, with meaningful subsidized work experiences in the public and private non-profit agencies, and WHEREAS, Mayor's Youth Employment Program provides assistance in developing youth with positive work attitudes and work habits so that they can later secure non -subsidized jobs, and WHEREAS, the City of Iowa City is empowered by the State Law to enter into contracts and agreements, and WHEREAS, Mayor's Youth Employment Program is a non-profit organization organized and operating under the laws of the State of Iowa, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that they Mayor be authorized to execute the attached contract and by this reference made a part hereof and the City Clerk be directed to certify the said agreement. It was moved by Foster and seconded by deProsse that the Resolution as read be a opte and upon roll call t eri—T e were: AYES: NAYS: ABSENT: X Balmer X deProsse X Foster X Neuhauser X Ferret X Selzer X Vevera Passed and approved this 31stday of May , 1977. r . m.,ljau4j_� MAYUR CITY OF IOWX CITY a -z-, CITY CLERK LEGAL DEPARTMENT 410 EAST WASHINGTON ST. JOWA CITY, IOWA 52240 �d 7 This Agreement, made and entered into this 31stday of May , 1977, by and between the City of Iowa City, a municipal corporation, hereinafter referred to as the City, and the Mayor's Youth Employment Program, hereinafter referred to as Mayor's Youth, for one year beginning July 1, 1977, and ending June 30, 1978. Now therefore, it is hereby agreed by and between the parties hereto that the City does retain Mayor's Youth to act for and represent in all matters involved in the terms of the Agreement. It is understood that the Mayor's Youth will employ a Director who will be responsible for the program's administration. Such contract of employment to be subject to the following terms and conditions and stipulations towit: 1. Mayor's Youth shall not permit that any of the following employment practices: a. to discharge from employment or refuse to hire any individual because of race, color, creed, religion, sex or national origin or disability. b. to discriminate against any individual in tern or privileges of aployment because of their race, color, creed, religion, sex, or national origin. I. SCOPE OF SERVICES Mayor's Youth agrees to provide meaningful subsidized employment for disadvantaged youth in Johnson County within the public and private non- profit agencies. The youth between the ages of 14 and 18 who are either current recipients of ADC or are disadvantaged are eligible to participate in the program. B. To provide job training for social and econcmically deprived youths of Johnson County. C. To help youths develop positive work attitudes and work habits so that future employment will be enhanced. D. To augment the employment opportunities with special services such as 31;_1 k -2 - employment, vocational, and career counseling. E. To assist youth who are not eligible for Mayor's Youth to secure employment in the private sector through referral. F. To refer youth as needed to appropriate agencies and programs within the com enmity so that their needs might be met. II. GENERAL ADMINISTRATION A. Budget - The Director of Mayor's Youth will be responsible for the management of the program's budget and will prepare an annual budget for City Council approval. B. Payroll and Accounting Procedures 1. The City is responsible for the payroll and accounting records for Mayor's Youth during the school year (9.5 months beginning August 15 through June 1). 2. The sumer program, C.E.T.A., is funded by the federal government the Department of Labor. The program is sponsored by H.A.C.A.P. who will provide payroll, accounting records for the sumex months (2.5 - June 1 through August 15). C. workmoan's Compensation The City will assume responsibility for workmen's Compensation for the Director and youth employees. D. Purchasing Prior approval for expenditures must be obtained from the Manager's Administrative Assistant. 2. The Mayor's Youth program will utilize the City's Central Purchasing facilities. E. Reporting 1. The Director will forward minutes of board meetings to the City Council. 2. The Director will prepare a monthly report which will be forwarded to the City Council. 3. The Director may periodically be requested to attend City Council meetings when information and discussions are pertinent to Mayor's Youth. ,ga y -3- F. staff During the school year, the Director will be a full-time staff person (9.5 months) and will be entitled to accumulate sick and vacation leaves on this basis. 2. A work study student will be employed part-time during the school year to assist the Director. 3. The Mayor's Youth Board will serve as an advisory committee for the selection of the Director. This position will be in accordance with the City's employment policies. 4. The Mayor's Youth Board and staff will comply with the City's Personnel Niles and Regulations. G. Termination of Contract A thirty day notification by either party is required for termination of the contract prior to the 9.5 period. 2. All outstanding bills are to be paid upon termination within a thirty day period with no liability of the City beyond that thirty day period. 3. Upon termination of employment, the Director will be ccmpensated for sick and vacation leave. H. Liability 1. The City shall not assume responsibility for any torts, wrongdoings, or criminal action caused by youths employed through the Mayor's Youth Program. A. The City will provide 520.067.00 of a total budget of $46,038.00 for a 9.5 month period (school year) for the year ending June 30, 1978. State funds will provide $22,295 of the budget requirements. B. H.A.C.A.P. will provide $ 192,802.10 budget for the s1mrwx months. C. The Iowa City Schools will provide $2,250 for the school year program. `-cc .✓ Urn✓ �Gv H�cl.Lft_Qi� .�fr�`N-��°'[! � , MAYOR'S YOUTHrF�4PL0 PROGRAM it . 0 RECEIVED & APPROVED ME LEGAL DEPARTMEN'i 1730 RESOLUTION NO. 77-170 RESOLUTION APPROVING PRELIMINARY AND FINAL LARGE SCALE RESIDENTIAL DEVELOPMENT PLAN AND LARGE SCALE NON-RESIDENTIAL DEVELOPMENT PLAN FOR MAPLELEAF OFFICE PARK WHEREAS, the owner, James W. Powers, has filed with the City Clerk of Iowa City, Iowa, an application for approval for a large scale residential development and large scale non-residential development for the following described premises located in Iowa City, Johnson County, Iowa, to -wit: In T. -79N., R. 6W., 5th P.M., Section 14, the S.E:'1/4 thereof, a paicel. of land described as follows&;' Commencing at the S.E. corner of said Section-14-79-6;`thence North, 842.35 feet to the southerly ,line;of.C.R.I:;6 P: RR.;•thence northwesterly 276.26 feet along said southeily line; thence S.'67° 05' W., 15G8.98 feet to the centerline of Lower-tidscatine Road;' thAnce northwesterly along said centerline, 819.26 feet;.thence_N:,47: 051;Ei;�•.33,.00 fget.to the point of beginning: ;.< Thence N. 47° 05' E.j.240:00,_feet}i_Thence N3 43° 17'`Wi; 47.00 feeti hence N. 47° 05' E., 20.00 feeti-,Thence'li. 43° 17!'-W., 25.00 ,feet; Thence N. 47° 05' E., 470.00 feet; Thence N 430b17?­W.�:;25i00 feet; 'Thence S. 47° 05' W., 730.00'feet; Thence S. 430 17' E:j,97.00 feet,to the point of beginning. Said parcel contains 37,305 �:F. or 0.86 acres;'more or less. WHEREAS, said property is owned by the above-named party and no dedications are required; and, WHEREAS, the Department of Community Development and the Public Works Department have examined the proposed large scale residential development and large scale non-residential development and have approved the same; and, WHEREAS, the said large scale residential development and large scale non-residential development have been examined by the Planning and Zoning Commission and after due deliberation said Commission has recommended that they be accepted and approved. WHEREAS, said large scale non-residential development and large scale residential development are found to conform with requirements of the City ordinances of the City of Iowa City, Iowa. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the said plat is hereby approved as a large scale residential development and large scale non-residential development. 2. That the said large scale residential development and large scale non-residential development shall conform with all the requirements of the City of Iowa City, Iowa, pertaining to large scale residential developments and large scale non-residential developments. Received $ Approved By The Legal Department a2 ' 531 Resolution No. 77-170 Page 2 3. That the City Clerk of the City of Iowa City, Iowa, is hereby authorized and directed to certify a copy of this resolution to the Office of the County Recorder of Johnson County, Iowa, after final passage and approval as authorized by law. Passed and approved this 31st day of May 1977. It was moved by Balmer and seconded by Selzer that the Resolution as read be a opted, an upon roll call there were: AYES: NAYS: x x x x x x ATTEST: -City Clerk ABSENT: X BALMER dePROSSE FOSTER NEUHAUSER PERRET SELZER VEVERA 11.6_ �. Mme. 233__ RESOLUTION NO. 77-171 RESOLUTION APPROVING PRELIMINARY PLAT OF SYCAMORE BLUFF SUBDIVISION AND FINAL PLAT OF LOT g SYCAMORE BLUFF SUBDIVISION WHEREAS, a preliminary plat of Sycamore Bluff Subdivision, Johnson County, Iowa has been filed with the Clerk of Iowa City, and after con- sideration the same was found to be in accordance with the provisions of the laws of the State of Iowa and the ordinances of the City of Iowa City relating to preliminary plats for subdivisions, by the Iowa City Planning and Zoning Commission and recommended for approval by said commission, and WHEREAS, a final plat of Lot 1, Sycamore Bluff Subdivision, Johnson County, Iowa, has been filed with the Clerk of Iowa City, and after con- sideration the same was found to be in accordance with the provisions of the laws of the State of Iowa and the ordinances of the City of Iowa City, Iowa, by the Iowa City Planning and Zoning Commission and recommended for approval by said commission; and WHEREAS, a future dedication agreement has been entered into between the City of Iowa City and Howard D. Fountain, owner of said subdivision, which provides for dedication of the streets and cul-de-sacs sho4m on the final plat of Lot 1, Sycamore Bluff Subdivision in the event of an- nexation; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the preliminary plat of Sycamore Bluff Subdivision, Johnson County, Iowa be acknowledged and approved by the Gity Council of the City of Iowa City, Iowa; that said council does hereby waive as to said preliminary plat the requirements of Section 9.50.5.A.2.b.(4) of the Municipal Code of the City of Iowa City, Iowa which pertains to length of cul-de-sacs. Further that the final plat of Lot 1, Sycamore Bluff Subdivision be and the same is hereby ackno*ledged and approved by the city council of the Received & Approved By Thg Legal Deparimzni Res. No. 77-171 page 2 City of Iowa City, Iowa. Further, the Mayor and the City Clerk are hereby directed to certify this resolution of approval and affix the same to said Preliminary Plat of Sycamore Bluff Subdivision and final Plat of Lot 1, Sycamore Bluff Subdivision as by law provided to the end that said plat may be recorded. The foregoing resolution was moved by Foster and seconded by Vevera at a duly convened meeting of the City Council of Iowa City, Iowa, held at the Civic Center Iowa City, Iowa, on the 31st day of May, 1977, commencing at 7:30 P.M. Upon roll call, the following vote was taken: Balmer Aye x Nay Absent deProsse Aye x Nay Absent Foster Aye x Nay Absent Neuhauser Aye x Nay Absent Perret Aye Nay Absent x Selzer Aye x Nay Absent Vevera Aye x Nay Absent The foregoing is hereby duly certified by Abbie Stolfus, the City Clerk of Iowa City, as a true and exact copy of a resolution of the City Council of Iowa City, Iowa, made at a regular meeting held on the 31stday of May, 1977. Abbie Stolfus, City C rk of Iowa City, Iowa Passed and approved this 31st day of May, 1977. Mayor ATTEST: City Clerk i 33 HaSOM-rjoN ATO. 77-172 RES01MION AUTHORIZING EXECUTION OF AN EASEMENT AGREEMENT WITH NORTHWESTERN BELL TELEPHONE COMPANY MMWAS, the City of Iowa City, Iowa, has negotiated an easement agreement With Northwestern Bell Telephone Co. , a copy of said a reeWt being at to s Resoluta.on and tlus reference made a part Wiz,, and,, WHII;F,AS, the City Council deems it in the public interest to enter into said agreement to allow Northwestern Bell to install and maintain an underground cable across a strip of land on the north end of the Landfill. 1. That the Mayor and City Clerk are hereby authorized and directed to execute the agreement with Northwestern Bell Telephone Co. 2. That the City Clerk shall furnish copies of said agreement to any citizen requesting same. It was moved by Selzer and seconded by deProsse the Resolution be adopted, and upon roll call there were: AYES: NAYS: AHSEW: x BALMER X dePROSSE x FOSTER x NEUHAUSER x PERRET _X SELZER s VEVERA Passed and approved this 31st day of May , 1577. ATTEST: City Clerk lt.• t V�PVIV Received & Approved By The Legal Department J HaSOM-rjoN ATO. 77-172 RES01MION AUTHORIZING EXECUTION OF AN EASEMENT AGREEMENT WITH NORTHWESTERN BELL TELEPHONE COMPANY MMWAS, the City of Iowa City, Iowa, has negotiated an easement agreement With Northwestern Bell Telephone Co. , a copy of said a reeWt being at to s Resoluta.on and tlus reference made a part Wiz,, and,, WHII;F,AS, the City Council deems it in the public interest to enter into said agreement to allow Northwestern Bell to install and maintain an underground cable across a strip of land on the north end of the Landfill. 1. That the Mayor and City Clerk are hereby authorized and directed to execute the agreement with Northwestern Bell Telephone Co. 2. That the City Clerk shall furnish copies of said agreement to any citizen requesting same. It was moved by Selzer and seconded by deProsse the Resolution be adopted, and upon roll call there were: AYES: NAYS: AHSEW: x BALMER X dePROSSE x FOSTER x NEUHAUSER x PERRET _X SELZER s VEVERA Passed and approved this 31st day of May , 1577. ATTEST: City Clerk lt.• t V�PVIV Received & Approved By The Legal Department I.E. 9(T) 2 Iowa City Land Fi ?roperty Rev, '76 ROW $10.00 Received of NORTHWESTERN BELL TELEPHONE COMPANY Ten and No/100 Dollars ($)0.00), in consideration of which the undersigned hereby grant and convey unto said Company, its associated and allied companies, its and their respective successors, assigns, lessees and agents, a right-of-way and easement to construct, operate, maintain, replace and remove such communication systems as the grantees may from time to time require, consisting of underground cables, wires, and markers, and other appurtenances, upon, over and under a strip of land one rod wide across the land which the undersigned own or in which the undersigned have any interest in NE's SE12-4 Section 14 T -79-N of R -7-W County of Johnson and State of Iowa together with the following rights: Of ingress and egress over and across the lands of the undersigned to and from said strip for the purpose of exercising the rights herein granted: to place surface markers beyond said strip; and to permit in said strip the underground cables, wires and circuits and appurtenances of any other company. The south boundary of said one rod strip shall be a line parallel to and __5__f t - south of the first cable laid, which cable shall have its location indicated upon surface markers set at intervals on the land of the undersigned or on adjacent lands. The undersigned for themselves , their heirs, executors, administrators, successors and assigns, hereby covenant that no structure shall be erected or permitted on said strip. The grantees agree to pay for damage to fences, tile and growing crops arising from the construction and maintenance of the aforesaid systems, An additional payment computed at the rate of Two Dollars ($2,00) per rod will be paid to the owner or owners as their interest shall appear before construction of the telephone system, Signed and sealed this 31st day of May 197 7, at Towa City MARY C. NEUHAUSER, MAYOR ABBIE STOLFUS CITY'CLERK ,State of Iowa ) 1 ) ss. County ) ' On this 31st day Of--_-MayA.D., 19 77 before me a Notary Public in and for said County personally appeareP1irV C. Neuhauser. Mayor, and Abbie ctoifus, to me known to be the persons named in and who executed acknowledged that t hem executed the same as a BE LED 76 DEFI 3M =LECdL DEPdRT8T=T a- Nota the foregoing instrument, ,Ind voluntary act and dyed,r. Y Public in and for sai 'County 3 RESOLUTION NO. 77-173 RESOLUTION APPROVING CLASS "B" BEER PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class "B" Beer Permit Application is hereby approved for the following named person or persons at the following described location: Bill George Mihalopoulos dba/The Best Steak House, 1 South Dubuque Said approval shall be subject to any conditions or re- strictions hereafter imposed by ordinance or State law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by Perret and seconded by vevera that the Resolution as rem eeadopted, and upon roL%aIi there were: AYES: NAYS: ABSENT: Balmer x .deProsse x Foster x Neuhauser Perret _ x Selzer Vevera x x Passed and approved this 7th x day of June , 19 77 937 �j RESOLUTION NO OF APPROVAL OF 77-174 ;LASS B Beer BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class B Beer Sunday Sales Permit application is hereby approved or a ollowing named person or persons at the following described location: Bill George Mihalopoulos, dba/The Best Steak House, 1 South Dubuque Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance of state law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, bond, and all other information or docu- ments required to the Iowa Beer and Liquor Control Department. It was moved by Perret and seconded by Vevera that the Resolution as read e a op e , and upon roll call there were: AYES: NAYS: ABSENT: Balmer x deProsse x Foster x Neuhauser x Perret x Selzer x Vevera x Passed this 7th day of June ,'s lg 77 / _313 k RESOLUTION NO. 77-175 RESOLUTION OF APPROVAL OF CLASS "C" BEER PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class "C" Beer Permit Application in hereby approved for the following named per- son or persona at the following described locations: Walgreen Co., 1646 Sycamore Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance or state law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, surety bond and all other information or documents required to the Iowa Beer and Liquor Control Dopar6ment. It was moved by Perret and seconded by Vevera that the Resolution as read be adopted, and upon roll call there were: Balmer eProsse Foster eu auser erre Selzer evera Passed this AYES: NAYS: ABSENTS x x x x x x 7th day of June 19 77 33 9 RESOLUTION N0. 77-176 RESOLUTION APPROVING CLASS C LIQUOR CONTROL LICENSE APPLIZfA IM BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Liquor Control License application is hereby approvTor the following named person or persons at the following described location: American Legion Roy L. Chopek Post #17, American Legion Road Said approval shall be subject to any conditions ( or re- strictions hereafter imposed by ordinance or State law. The City Clerk shall cause a recommendation for approval to he endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond, sketch of the premises and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by Perret and seconded by Vevera that the Resolution as read-'Fe—adopted, and upon ro11 ca r there were: Balmer deProsse Foster Neuhauser Perret Selzer Vevera Passed and approved this AYES: NAYS: x x x x x x 7th day of ABSENT: 12 June . 19 77 2 Y� RESOLUTION NO. 77-177 RESOLUTION SETTING PUBLIC HEARING ON AMENDING THE FY 77 BUDGET ENDING NNE 30, 1977 BE IT RESOLVED by the City Council of Iowa City, Iowa that a Public Hearing be held in the Civic Center at 7:30 p.m. June 21, 1977 to permit any taxpayer to be heard for or against the proposed amendment to the FY 1977 Budget ending June 30, 1977. The City Clerk is hereby directed to give notice of Public Hearing and time and place thereof by publication in the Iowa City Press -Citizen, a newspaper of general circulation in Iowa City, at least four (4) days before the time set for such hearing. It was moved by Perret and seconded by Vevera that the Resolution as read be adopted, and upon roll call Tere were: AYES: NAYS: ABSENT: x Balmer P deProsse Foster x Neuhauser x Perret x Selzer X Vevera Passed and approved this 7th day of June , 1977. Qa'f-k Uj. P An PRO TEM CITY CLERK W RECEIVED & APPROVED BY HE LEGAL DEAR MENT'Il lo�Z "uwLUTION NO. 77-178 RESOLUTION ACCEPTING PRELIMINARY PLAT' OF COURT HILL - SCOTT BOULEVARD, PART V BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY. IOWA, that the approval of the preliminary plat for Court Hill - Scott Boulevard, Part S be granted with the following conditions: 1) location of storm sewer utility easements to storm water detention areas 2) location of storm water management basin in relation to lot corners 3) location of water main easements west of Oberlin St. it was moved by Selzer and seconded by Foster that the resolution as read be adopted and upon roll call there were: AYES: NAYS: ABSENT: x BALMER x dePROSM- x x NEUHAUSER x PERRET x SELZER x MRA Passed and approved this 7th day of June . 1977. 0" to . eat P"A� ���J/f � MAYOR PRO TEM ATTEST • �"*-� • CITY CLERKReeeivod & Apt. By The Legal Departmznt RESOLUTION N0. 7 7-17 9 A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO SIGN AN ACEZU4,IDQMENT OF AN OPTION TO PURCHASE THE FOIZ ER POST OFFICE WHICH IS PRESENTLY OWNED BY THE UNITED STATES POSTAL SERVICE. WHEREAS, the United States Postal Service is the owner of the land and building known as the "Former Post Office" located at 28 South Linn Street, in Iowa City, Iowa, and WHEREAS, the United States Postal Service is desirous of selling the same under the terms and conditions as set forth in an "Option to Purchase," (which is attached to this Resolution as Exhibit "A" and by this reference made a part hereof) granted to the City on May 19, 1977, and WHEREAS, the City Council is interested in considering the purchase of said property and wishes to acknowledge the 'Option to Purchase," and WHEREAS, the City Council by acknowledging such option in no way by this resolution exercises or executes the option to purchase. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the Mayor be authorized to execute and the City Clerk to certify an acceptance of the option to purchase. It was moved by Vevera and seconded by Foster that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Ba]mer X deProsse x Foster x Neuhauser x Perret x Selzer x Vevera Passed and approved this 7th day of June, 1977. OUAK Irl) . A PQ-1,� Mayor Pro Tem ATTEST: !z! City Clerl RECEIVED & APPROVED BY THE LEGAL DEPARTMENT N VI . — ,3y3 Exhibit "A" OPTION TO PURCHASE Option, granted,this 19th day of May 1977 by the U. S. Postal Service under and pursuant to the powers and authority contained in the provisions of the Postal Reorganization Act 39 USC 401(5), 411, and all regulations, orders and agreements promulgated thereunder, by and between the United States Postal Service, hereafter referred to as the "Seller" to the City of Iowa City, Iowa a municipal corporation (hereinafter called the "Buyer"). 1. In consideration of the sum of one dollar ($1.00) the receipt of which is hereby acknowledged by the Seller, the Seller hereby grants to the Buyer the Option to Purchase the land and building known as the "Former Post Office" located at 28 South Linn Street,.Iowa City, Iowa. 2. The description of the property set forth in Paragraph One is understood by the parties to be general in its form and is not necessarily the description to be set forth in the deed of conveyance. 3. This OPTION shall continue in full force and effect until 12:01 a.m. (EST) following the sixtieth day from the date hereof. 4. This OPTION may be exercised by the Buyer by written notice, delivered to the Seller by Certified Mail, addressed to the Seller at the following address: Mr. P. L. Warner Director, Office of Real Estate Real Estate & Buildings Department United States Postal Service 475 L'Enfant Plaza West, S.W. Washington, D. C. 20260 5. The purchase price at which this OPTION may be exercised is ($250,000) two hundred fifty thousand dollars. At the election of the Buyer this amount may be paid: A. With a down payment of ($25,000) twenty five thousand dollars upon notification of election to purchase and the remaining balance of ($225,000) two hundred twenty five thousand dollars due unon closing. Tha inrm5 and conditions of the purchase and conveyance of the property utilizing this method of payment shall be in accordance with the attached purchase agreement (Exhibit A) or; B. With a down payment of ($25,000) twenty five thousand dollars upon notification of election to purchase and the remaining balance of ($225,000) two hundred twenty five thousand dollars to be paid in 40 equal quarterly payments of ($8,225.04) eight thousand two hundred twenty five and 04/100 dollars due on the fifth day of January, April, July and October or until the purchase price has been paid in full. The terms and conditions of the purchase and conveyance of the prop- erty utilizing this method of payment shall be in accordance with the attached purchase agreement (Exhibit B). 6. After the full purchase price has been paid, the Seller shall execute and -deliver to the Buyer a Quitclaim Deed conveying the property. The Quitclaim Deed shall be placed on record in a manner prescribed by the local recording statutes all at the sole cost and expense of the Buyer. 7. The deed shall be subject to any and all restrictions imposed by virtue of the Postal Service compliance with the National Historic Preservation Act and Executive Order 11593. 8. The term Buyer shall be deemed to include successors or assigns of the Buyer. IN WITNESS WHEREOF, the parties hereto have set their hands and seals. WITNESSES ACCEPTED BY: CIF IOWA CITY &kP"4A_L Mayor Pro tem Carol deProsse UNITED STATES PO A SERVICE BY TITLE ATTEST Abbie Stol us, City glerk YS RESOLUTION NO. 77-180 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF FY78 ASPHALT PROJECT ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECT- ING CITY CLERK TO PUBLISH NOTICE TO BIDDERS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. WHEREAS, notice of public hearing on the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project was published as required by law, and the hearing thereon held. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project are hereby approved. 2. That the amount of bid security to accompany each bid for the construction of the above-named project shall be in the amount of $15,000 payable to Treasurer, City of Iowa City, Iowa. 3. That the City Clerk is hereby authorized and directed to publish notice for the receipt of bids for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the city not less than four (4) nor more than twenty (20) days before the date established for the receipt of bids. 4. That bids for the construction of the above-named project are to be received by the City of Iowa City, Iowa, at the Office of the City Clerk, at the Civic Center, until 10:00 A.M. on the 21St day of June 1971. Thereafter, the bids will be opened by theleprand thereupon referred to the Council of the C ty of Iowa City, Iowa, for action upon said bids at its next meeting to be held at the Council Chambers, Civic Center, Iowa City, Iowa, at 7:30 P.M. on the 28th day of ,line _, 19 77 Received Re Approved EvAe,BLegalD �pa ,r of Page 2 Resolution No. 77-180 It was moved by Balmer and seconded by Foster that the Resolution as rea eta opte3, and upon roll ca t ere were: AYES: NAYS: ABSENT: x BALMER x dePROSSE x FOSTER x NEUHAUSER x PERRET x SELZER x VEVERA Passed and approved this 7th day of June , 1977. KIM�Ww=d ATTEST: �J&1- zz2LL) CITY CLER} 3 �/7 l� RESOLUTION NO. 77-181 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF FIVE STORM WATER MANAGEMENT PROJECTS ON RALSTON CREEK ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECT- ING CITY CLERK TO PUBLISH NOTICE TO BIDDERS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. WHEREAS, notice of public hearing on the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project was published as required by law, and the hearing thereon held. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project are hereby approved. 2. That the amount of bid security to accompany each bid for the construction of the above-named project shall be in the amount of $10,000. payable to Treasurer, City of Iowa City, Iowa. 3. That the City Clerk is hereby authorized and directed to publish notice for the receipt of bids for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the city not less than four (4) nor more than twenty (20) days before the date established for the receipt of bids. 4. That bids for the construction of the above-named project are to be received by the City of Iowa City, Iowa, at the Office of the City Clerk, at the Civic Center, until 10:00 A.M. on the 30th day of June 1977. Thereafter, the bids will be opened by the City nglneer , and thereupon referred to the Council of the City of Iowa City, Iowa, for action upon said bids at its next meeting to be held at the Council Chambers, Civic Center, Iowa City, Iowa, at 7:30 P.M. on the 5th day of July , 1977 . Rec3ivod 8. f.c;: - "d By�Ei6eyal �o�zrtip�7 Page 2 Resolution No. 77-181 It was moved by Perret and seconded by Vevera that the Resolution as rea e a opt- , and upon roll ca t ere were: AYES: NAYS: ABSENT: x BALMER x dePROSSE x FOSTER x NEUHAUSER x PERRET x SELZER x VEVERA Passed and approved this 7th day of June , 1977 MAYOR PRO TEM ATTEST: CITY CLERKK 3 -�9 RESOLUTICN NO. 77-182 RESOLUTION AUTHORIZING THE CITY OF IOWA CITY, IOWA, TO PURSUE A BUSING REHABILITATION PROGRAM. WHEREAS, the City of Iowa City is empowered pursuant to Chapter 403, Code of Iowa (1975), to formulate a program for utilizing appropriate private and public resources to eliminate slums and prevent the develop- ment or spread of urban blight and to encourage urban rehabilitation, and l WHEREAS, the City Council has budgeted two years of Community Development Block Grant fiords to engage in a Housing Rehabilitation program, and WHEREAS, part of said program involves grants, forgiveable loans, and low-interest loans as methods of financing urban rehabilitation. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the City Council has approved the above program and methods of financing and authorizes its implementation as outlined in the Rehabilitation Financing Handbook, including amendments. It was moved by Foster and seconded by Perret that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS? Balmer deProsse Foster x Neuhauser Perret Selzer Vevera Passed and approved this 7th day of June , 1977. G (k) Mayor Pro Tem City Clerk RECEIVED & APPROVED BY THE LEGAL DEPARTMENT, 95-4 RESOLUTION N0. 77-183 RESOLUTION ACCEPTING THE WORK FOR THE POLICE LOCKER ROOM FACILITIES WHEREAS, the Engineering Department has recommended that the im- provement covering the Police locker room facilities as included in a contract between the City of Iowa City and Burger Construction Co., Inc.of Iowa City, Iowa dated January 25, 1977 , be accepted, AND WHEREAS, the Council finds the improvement is in place and does comply with the requirements for such improvements, AND WHEREAS, maintenance bonds have been filed, NOW THEREFORE, BE IT RESOLVED by the City Council of Iowa City, Iowa, that said improvements be hereby accepted by the City of Iowa City, Iowa. It was moved by Selzer and seconded by that the resolution as read be a opt , and upon roll call t ere were: AYES: NAYS: ABSENT: BALMER x dePROSSE x FOSTER x NEUHAUSER PERRET x SELZER x VEVERA x 1:4 Passed and approved this 7th day of ,Tune , 1977, 0(2AAk)- APSMayor Pao ATTEST: City Clerk RECEIVED & APPROVED BY THE LEGAL DEPARTMENT RESOLUrIGN ACCEPTING SANITARY SEWER IMPROVEMENTS IN BRYN MAWR ADDITIONS PARTS 8, 9, & 10 WHEREAS, the Engineering Department has certified that the following improvements have been oonpleted in accordance with plans and specifications of the City of Iowa City, Sanitary sewer improvements in Bryn Mawr Addition, Parts 8, 9, & 10, as constructed by Sulzberger Excavating, Inc., of Muscatine, Iowa. AND wwjm S, Maintenance Bonds for Sulzberger Excavating,Inc.are on file in the City Clerk's Office, NOW U EREIF'ORE BE IT RESOLVED by the City Council of Iowa City, Iowa, that said irrprovenuents be accepted by the City of Iowa City. It was moved by Selzer and seconded by Balmer that the Resolution as read be accepted, and upon roll call there were: AYES: NAYS: ABSENT: BALMER X dePROSSE X FOSTER X NEUHAUSER X PERRET X SELZER X VEVERA X passed and approved this 7th day of June 19 77 Mayor Pro Tem ATTEST: - ` City Clerk Received & Approved By The Lsgal Department CILA"d RESCLUrION No. 7 7 -18 5 RESOLUTION ACCEPTING SANITARY SEWER AND PAVING IN TRACY CANE ADDITION WHEREAS, the Engineering Department has certified that the following improverents have been oanpleted in accordance with plans arra specifications of the City of Iowa City, Concrete paving on Tracy Lane in Tracy Lane Addition as constructed by Metro Pavers, Inc., of Iowa City, Iowa. Sanitary sewer in Tracy Lane Addition as constructed by Knowling Brothers Contracting Company of Coralville, Iowa. Knowling Bros. Contracting Co. & AND WHEREAS, Maintenance Bonds for Metro Pavers, Inc. are on file in the City Clerk's Office, NOW THEREFORE BE IT RESOLVED by the City Council of Iowa City, Iowa, that said iprovments be accepted by the City of Iowa City. It was moved by Balmer and seconded by Foster that the Resolution as read be accepted, and upon roll call there were: AYES: NAYS: ABSENT: BALMER x dePROSSE x FOSTER x NEUHAUSER x PERRET x SELZER x VEVERA x Passed and approved this 7th day of June 1977 ATTEST: 0-0,+.kw - & - Mayor Pro Tem City Clerk Received & Approved By The Legal Departm3nf �1u�QuNAI_ 35.3 1_* k 0� : . RESoLiJim ACCEPTING PAVING IMPROVEMENTS IN IN HAMM SECOND ADDITION WHEREAS, the Engineering Department has certified that the following i:provments have been completed in accordance with plans and specifications of the City of Iowa City, Concrete paving on Esther Court for Hamm Second Addition, constructed by Metro Pavers, Inc., of Iowa City, Iowa. AND WHEREAS, Maintenance Bonds for Metro Pavers, Inc. are on file in the City Clerk's Office, NOW THEREFORE BE IT RESOLVED by the City Council of Iowa City, Iain, that said improvements be accepted by the City of Iowa City. It was moved by Selzer and seconded by Foster that the Resolution as read be accepted, and upon roll call there were: AYES: NAYS: ABSENT: BALMER x dePROSSE x FOSTER x NEUHAUSER x PERRET x SELZER x VEVERA x Passed and approved this 7th day of June , 1977 Rsceiv-;1 & At7proved By The Lzg,1,I A p:partment Ap� -- RESOLUTION NO. 77-187 RESOLUTION OF APPROVAL OF CLASS "C" BEER PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class "C" Beer Permit Application is hereby approved for the following named per- son or persons at the following described locations: McRo, Inc. dba/Whiteway Super Market, 212 S. Clinton St. Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance or state law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, surety bond and all other information or documents required to the Iowa Beer and Liquor Control Dpparmment. It was moved by Selzer and seconded by Perret that the Resolution as read be adopted, and upon roll call there were: Balmer deProsse Foster eu auser erre Selzer evera Passed this AYES: NAYS: ABSENT: x x x x x 14th day of June , 19 77 x �15:5 RESOLUTION NO. 77-188 RESOLUTION APPROVING CLASS C LIQUOR CONTROL LICENSE APPLYMMM BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Liquor Control License application is hereby approved—for the following named person or persons at the following described location: David L. Alberhasky dba/Foxhead Tavern, 402 E. Market St. Said approval shall be subject to any conditions tor re- strictions hereafter imposed by ordinance or State law. The City Clerk shall cause a recommendation for approval to he endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond, sketch of the premises and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by that the Resolution there were: Balmer deProsse Foster Neuhauser Perret Selzer Vevera Selzer and seconded by Perret as read -5e adopted, and upon roT ca AYES: NAYS: ABSENT: x x x Passed and approved this 14th day of June , 1977 215.L RESOLUTION No. 77-189 RESOLUTION TO ISSUE CIGARETTE PERMITS WHEREAS, the following firms and persona have made application, filed the bond, and paid the mulct tax required by law for the sale of cigarettes and cigarette papers; therefore, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the applications be granted and the cigarette bond now on file in the office of the City Clerk be and the same are hereby approved, and the City Clark be and he is hereby directed Lo issue a permit to sell cigarette papers and cigarettes to the following named persons and firms: See attached list for 1977-78 permits It was moved by Selzer and seconded by Perret that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Balmer x deProsse x Foster x Neuhauser x Perret x Selzer x Vevera x Passed this 14th day of June , 19 77. 35-7 CIGARETTE PERMITS - Ly 1, 1977 through June 1978 78-1 - Colonial Bowling Lanes, 2253 Highway 218 South 78-2 - Law Center, U. of Iowa, Ferson Ave. 78-3 - Dormitories and Dining Services, Burge Hall, U. of Iowa 78-4 - Currier Dining Service, U. of Iowa 78-5 - Hillcrest Dining Service, U. of Iowa 78-6 - Quadrangle Dining Service, U. of Iowa 78-7 - Eagle Discount Supermarket #157, 600 N. Dodge St. 78-8 - Eagle Discount Supermarket #220, 1101SRiverside Dr. 78-9 - May's Drug Store #198, 1101S.Riverside Drive 78-10 - The Airliner, 22 S. Clinton 78-11 - Holiday Stationstore #92, Highway 6 and Rocky Shore Dr. 78-12 - Walgreens, 1646 Sycamore St. 78-13 - Pester Derby Oil Co., 606 S. Riverside 78-14 - Imperial Service Station, 1854 So. Riverside Dr. 78-15 - George's Buffet, Inc., 312 Market St. 78-16 - Sears, 1600 Sycamore St. (Iowa Vending Co., Marion) 78-17 - Iowa City Sav-Mor (Krause Gentle oil), 1104 So. Gilbert St. 78-18 - Pearson's Drug Store, Inc., 202 N. Linn 78-19 - Quik Trip #503, 123 W. Benton 78-20 - Quik Trip #509, 225 S. Gilbert 78-21 - Needs, 18 S. Clinton 78-22 - Aldi Discount Foods #305, 903 Hollywood 78-23 - Randall Mini Price Foods, 1851 Lower Muscatine Rd. 78-24 - Foxhead Tavern, 402 E. Market St. 78-25 - Hamburg Inn No. 2, 214 N. Linn 78-26 - Dividend Bonded Gas, 302 So. Dubuque St. 78-27 - Amelon's Skelly Service, Inc., 204 N. Dubuque St. 78-28 - Hamer, Ltd., 1021 Gilbert Ct. 78-29 - Whiteway Super Market, 212 South Clinton St. 78-30 - Seaton's Cash & Carry Market, 1231 Muscatine Ave. 18-31 - The Annex, Inc., 819 First Ave. 3S1 RESOLUTION NO. 77-190 RESOLUTION APPROVING PRELIMINARY AND FINAL PLAT OF LOVETINSKY SUBDIVISION WHEREAS, A preliminary and final plat of the Lovetinsky Subdivision to Johnson Ccu nty, Iowa, has been filed with the Clerk of the City of Iowa City, Iowa and after consideration of the same, was found to be in accordance with the provisions of the laws of the State of Iowa and the ordinances of the City of Iowa City, Iowa, by the Iowa City Planning and Zoning Commission , and, WHEREAS, a dedication by Robert G. Lovetinsky, Sr, and Juanita M. Lovetinsky, husband and wffe, has been entered into which provides for the future dedication for the extention of Scott Blvd. , should the area be annexed by the City of Iowa City, Iowa, NOW, THEREFORE, be it resolved by the City Council of Iowa City, Iowa, that the said preliminary and final plat of the Lovetinsky Subdivision to Johnson County, Iowa, be and the same is hereby acknowledged and approved on the part of Iowa City, Iowa. The mayor and the City Clerk are hereby dirbcted to certify the Resolution of approval and affix same to said plat as by law provided to the end that the plat may be recorded. The foregoing resolution was moved by Selzer seconded by Foster at a duly convened meeting of the City Council of Iowa City, Iowa, held at the Civic Center, Iowa City, Iowa, on the 14th day of June , 1977, commencing at 7:30 o'clock, P.M. Upon roll call, the following vote was taken. Balmer: Aye Nay: Absent: x DeProsse: Aye x Nay: Absent: Foster: Aye X Nay: Absent: Neuhauser: Aye Nay Absent: X Perret: Aye X Nay Absent; Selzer: Aye X Nay. Vevera: Aye Nay Absen Absent: X The foregoing is hereby duly certified by Abbie Stolfus, City Clerk of Iowa City, Iowa, as a true and exact copy of a resolution of the City Council of Iowa City, Iowa, made at a regular meeting held on the 14th day of June , 1977, r1Z6— Abbie Stolfus, City Clerk f Iowa City, Iowa. Passed and approved this 14th day of June , 1977, &,� W • c Carol deProsse, 'Mayor Pro Tem ATTEST:� Abbie Stolfus, City Cl k Received & Approved By The Legal Department �5 9 RESOLUTION No. 77-191 RESOLUTION AUTHORIZING EXE=ION OF AGREEMENT WITH SHIVE-HATTERY g ASSOC. FOR BRIDGE DESIGN WHEREAS, the City of Iowa City, Iowa, has negotiated an agreement with Shive-Hatter and Associates , a copy of said mpnt being at to s Resolution s reference made a and, WH WM, the City Council deans it in the public interest to enter into said agreement for preliminary investigation, design and construction inspection of the Iowa Avenue Bridge over the Iowa River. the Governor Street Bridge over Ralston Creek and the Court and Muscatine Bridge over Ralston Creek NOW, THEREFORE, RE IT RESOLVED BY THE CITY COUNCIL: 1. That the Mayor and City Clerk are hereby authorized and directed to eXeCUte the agreement with Shive-Hattery and Associates 2. That the City Clerk shall furnish copies of said agreement to any citizen requesting same. It was moved by Selzer and seconded by Foster the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x T_ deProsse x Foster x Neuhauser x Ferret x Selzer x Vevera Passed and approved this 14th day of June , 1977. ffm 017HIVIAN, 1 01 1 X1 W-1.11 Received a Approved By The Legal Department AGREU'UNT I.xhibits are available at the Cit Clerk's Office. This Agreement, made and entered into this / yt4iday of �, ine19 72_, . by and between the City of Iowa City, a municipal corporation, 6hereinaf ter referred to as the City and Shive-Hattery and Associates of Iowa City, Iowa hereinafter referred to as the Consultant. Now therefore, it is hereby agreed by and between the parties hereto that the City does retain and employ the said Consultant to act for and represent it in all matters involved in the terms of this Agreement. Such contract of employment to be subject to the following terns and conditions and stipulations, to wit: Consultant shall not commit any of the following employment practices and agrees to prohibit the following practices in any subcontracts. a. To discharge from employamt or refuse to hire any individual because of their race, color, religion, sex, national origin, age, disability, marital status, sexual orientation or creed. b. To discriminate against any individual in term, conditions, or privileges of employment because of their race, color, religion, sex, national origin, age, disability, marital status, sexual orientation or creed. I SCOPE OF SERVICES In Cecenber of 1976, Shive-Hattery and Associates Consulting Engineers completed a bridge inspection on the load capacity of Iowa City bridges. Three of the bridges named in that study, Bridge No. 19, Iowa Avenue, Bridge No. 45, Governor Strut, arra Bridge No. 50, Muscatine and Court Street, need to be either replaced or rehabilitated. Ubis Scope of Services shall define the work to be done by the Consultant for these three projects. The Scope of Services shall include a preliminary phase, a design phase, and a construction phase which are further defined below: -Preliminary Phase Bridge No. 19, Iowa Avenue Bridge and Bridge No. 45, Governor St. - In this phase the Consultant will prepare a brief report outlining in detail the exact remedial measures proposed. The Consultant will inspect the site with the City Engineer and review the proposed work. The Consultant will review any construction plans for this bridge that the City has on file. Meetings and contacts with various approving and regulatory agencies and with any utility companies will be done by the Consultant. Bridge No. 50, Court and Muscatine - The Consultant shall prepare a report outlining the cost and advantages and disadvantages of rehabilitation vs. replacement of the structure. The Consultant will confer with the City to review the basic plan proposed by the Consultant and will inspect the site with the City Engineer and Public Works Director. Meetings and contacts with various approving and regulatory agencies and with any utility ccnpanies will be done by the Consultant. The Consultant shall be responsible for contact with private land owners. The preliminary pian shall show elevations, cross-sections, flood flaws, utilities, property lines, traffic signal layout, turning lanes, and other appropriate design criteria. For All Projects - In this preliminary phase the Consultant will prepare two sets of a preliminary study and design of each project which will be submitted for review and approval of the City and other required approving agencies. Preliminary cost estimates for each project and alternates will be presented. Design Phase After City approval of the preliminary design and cost estimate and upon written notice to proceed, the Consultant will begin the design phase which will include: a. preparation of detailed contract drawings; b. preparation of specifications, and contrz:.ct docLnents. The Consultant will insure that the contract ebc=ents meet z11 reclairanents of the City's affirmative action and equal opportimity program. The Consultant will coordinate �i the human Relations Departm to insure that all required non-discrimination and equal opportunity statements or affirmative action programs are included in the contract documents; C. furnishing the City with two (2) copies of the specifications and contract drawings for a final review by the City. The Consultant will obtain project approval from other agencies after City review and approval. d. preparation of a final Construction Cost estimate upon completion of final design. This Construction Cost estimate will include a bidding contingency of ten percent. If the lowest bona fide proposal or bid exceeds the established Construction Cost limit, City shall (1) give written approval to increase such cost limit, (2) authorize negotiating or rebidding the Project within a reasonable time, or (3) cooperate in revising the Project scope or quality. In the case of (3), Consultant shall, without additional charge beyond the maximum cost defined in this agreement, modify the Contract D�cunents as necessary to bring the construction Cost within the cost limit. The providing of such service will be the limit of consultant's responsibility in this regard and, having done so, Consultant shall be entitled to payment for his services in accordance with this Agreement. Construction Phase The Consultant will provide the following services under this phase upon written notice from the City: a, assist the City in securing bids and provide bid documents for contractors. The bid documents for this phase are not a reimbursable expense; b. tabulation and analysis of bid results and furnishing recomrandations on the award of the construction contracts; C. assistance on the preparation of the formal documents for the award of the contracts; d. iconsult and advise the City during construction relative to this project. e. preparation of elementary sketches and supplementary sketches required to resolve actual field conditions encountered; f. checking detailed construction drawings and shop and erection drawings submitted by contractors for compliance with design concept; and g. reviewing laboratory reports, materials and equipment. h. In addition, the Consultant will do the follawing field engineering: make periodic visits to the site to observe as an experienced and qualified design professional the progress and quality of the executed work and to determine in general if the work is proceeding in accordance with the Contract Documents; he shall not be required to make exhaustive or continuous on-site inspections to check the quality or quality or quantity of work; he shall not be responsible for the means, methods, techniques, sequences or procedures of construction selected by contractor(s) or the safety pre- cautions and programs incident to the work of Ountragtor(s). His efforts will be directed toward providing assurance for City that the completed Project will conform to the Contract Docunents. During such visits and on the basis of his orr site observations he shall keep City informed of the progress of the work, shall endeavor to guard City against defects and deficiencies in the work of Contractor(s) and may disapprove or reject work as failing to conform to the Contract Documents. Such site visits are not intended to take the place of technical observations by a Resident Project Representative which may be provided in addition to the above by the City or the consultant in accordance with the "Special Services" description listed belga. The consultant shall determine the amounts aced to the contractor and shall issue certificates of payment in such a manner as to comply with the provisions of Chapter 573 of the Code of the State of Iowa. The issuance of a certificate of payment shall constitute a representation by the Consultant to the City that work has progressed to the point indicated and that to the best of the Consultant's knowledge the quality of the work is in accordance with the construction Contract Documents; ,36-;z- i. make a final inspection report to the City upon completion of the project; j. the Consultant and the City shall discuss interpretations of the require- ments of the construction contract documents. The Consultant shall have the authority to act on behalf of the City; however, final decisions on any matter shall rest with the City; and k. the Consultant shall have the authority to reject work which does not conform to the contract documents. The Consultant shall process change orders. Change orders shall become effective only after they have been signed by the City's representative. Special Services Upon request the Consultant agrees to furnish special services. Such special services may include: a. soil investigation, including test borings, related analysis and recom- mendations; b. land surveys, title and easement searches and descriptions of boundaries and monuments and related office computations and draftings; C. technical observation by a Resident Project Representative and supporting staff as required who will observe the work for compliance with Contract Documents, and provide construction record drawings of the completed projects. Specific duties shall include but not be limited to (1) setting of lines and grades as construction proceeds; (2) revision of Contract drawings to show location and nature of improvements as actually constructed; (3) provide services in accordance with Exhibit "A", "Duties, Responsibilities and Limitations of the Authority of Resident Project Representative". Note that Exhibit "A" is a standard NSPE contract document and the term Engineer shall mean Consultant and the teen Owner shall mean City for the purposes of this agreement; and d. assist the client as expert witness in litigation arising from the develop- ment or construction of the project and in hearings before various approving and regulatory agencies. II TIME OF 03WIETION The Consultant will complete the phase of this project within the times listed below: Preliminary Phase - 45 days after signing of this contract. Design Phase - The design phase of the project shall be done in the following times: Bridge No. 19 & 45 - 120 days after approval of the preliminary phase. Bridge No. 50 - 120 days after completion of the preliminary phase. Construction Phase - The Consultant shall include appropriate construction times in the job specifications. III GENERAL TERMS 1. Should the Consultant or the City terminate the contract, said Consultant shall be paid on the basis of direct personal expense as herein attached times multiplier for the various classes of personnel actively engaged on the project for all work completed and for all work and services performed up to the time of temination; however, such sums shall not exceed the "not to exceed" amounts listed in Section IV. Either party may terminate this Agreement upon five (5) days notice. This Agreement shall be binding upon the successors and the assigns of the parties hereto; provided, however, that no assignment shall be made without the written c:,,nsent of all parties to said agreement. 3. it is understood and agreed that the employment of the Consultant by the City for the purposes of said project shall be exclusive, but the Consultant shall have the nigh- to employ such assistance as may be required for the performance of the projec':. Saul Consultant shall be responsible for the compensation, izsu-ance and all clerical detail involved in their employment. 3�3 4. It is agreed by the City that all records and files pertaining to information needed for said project will be made available by said City upon request of the Consultant. Tine City agrees to furnish all reasonable assistance in the use of these records and files. 5. It is further agreed that no party to this Agreement will perform contrary to any State, Federal or County law or any of the Ordinances of the City of Iowa City, Iowa. 6. The Consultant shall attend such meetings of the City Council relative to the work set forth in this contract as may be requested by the City. Any require- ments made by the City shall be given with reasonable notice to the Consultant so that he/she may attend. 7. The Consultant agrees to furnish, upon termination of this Agreement and upon demand by the City, copies of all basic notes and sketches, charts, computations and any other data prepared or obtained by the Consultant pursuant to this Agreement, without cost and without restriction or limitation as to their use relative to the specific projects covered under this agreement. The Consultant shall not liable for use of such documents on other projects. 8. The Consultant agrees to furnish all reports and/or drawings with the seal of a Professional Engineer or Architect affixed thereto where such seal is required by law. 9. The City agrees to tender to the Consultant all fees and irony in accordance with the schedule that follows except that failure by the Consultant to satis- factorily perform in accordance with this Agreement shall constitute grounds for the City to withhold payment of the amount sufficient to properly complete the project in accordance with this Agreement. 10. Should any section of this contract be found to be invalid, it is agreed that all other sections shall remain in full force and effect as though severable from the part invalid. 11. original contract drawings shall be modified to reflect "as built" conditions and shall become the property of the City. The Consultant shall be allowed to keep mylar reproducibles for his files and use. 12. Direct Personal Expense for the purposes of this contract shall be defined as hourly wage plus retirement and fringe benefits. Said Consultant shall, upon demand, furnish receipts therefore or certified copies thereof. 13. Reoords of the Consultant's Direct Personal Expense, Consultant Expense and Reimbursable Expenses pertaining to the Project, and records of accounts between the owner and the Contractor, shall be kept on a generally recognized accounting basis and shall be available it the Owner or his authorized representative at mutually convenient times. 14. All reimbursable outside expenses are in addition to the fees for Basic Services and include actual expenditures made by the Consultant, his employees, or his consultants in the interest of the Project for the following incidental expenses listed: a. Expense of transportation and living when travellinginconnection with the Project, for long distance calls, and telegrams for extraordinary work required by the Owner. b. Expense of reproduction, postage and handling of Drawings and Specifications, excluding copies for Consultant's office use. C. Fees paid for securing approval of authorities having jurisdiction over the project. Fees paid by the Consultant for special consultants employed with City's approval for services other than those defined in this contract. 15. It is agreed that the Department of Housing and Urban Development, the Comptroller General of the United States, or any other duly authorized representative shall have access to any books, documents, papers and records of the Consultant which are directly pertinent to this specific contract for the purpose of making audit -examination exerpts and transcriptions. 16. The Consultant shall assist and be present for any preparation of letting or analysis of contract dealing with said project. IV COMPENSATION FOR SERVICES The City agrees to pay for services stated in this contract on the basis of the following fees: Preliminary Phase - The Consultant shall be paid a fee based upon 2.2 x Direct Personal Expense. The total fee for the Preliminary Phase shall not exceed $7000. Design and Construction Phase - Due to the difficulty of determining the exact scope of the work prior to completion of Preliminary Phase; Design and . Construction Phase fees will be negotiated after completion and acceptance of the PreliminaryPhase. Special Services - Special services shall be conpensated in the follaaing manner: (a) Soil testing services at approved flat rates as attached in Exhibit B to this contract. Analysis of data shall be at a rate of 2.2 x Direct Personal Expense. (b) Full-time project representation shall be canpensated at a fee based upon 2.2 x Direct Personal Expense. The Direct Personal Expense of all personnel classifications associated with this project shall be attached as Exhibit C. The City agrees to reimburse the Consultant for outside expense at cost. The Consultant shall furnish receipts of all outside expenses upon request. the "not to exceed" figures listed in this section refer only to Direct Personal Expense and do not include reimbursables. Reimbursable expenses are above and beyond the "not to exceed" figure. ; All fees will be billed and due payable monthly. With each billing the Consultant shall list the individual, the hours worked, and the hourly rate. Billing shall be broken dawn into the following categories: Bridge No. 19 - Preliminary Phase Design and Construction Phase Special Service (detailed) Bridge No. 45 - Preliminary Phase Design and Construction Phase Special Service (detailed) Bridge No. 50 - Preliminary Phase Design and Construction Phase Full-time Project Inspection Phase Special Services (detailed) All provisions of this Agreenent when not specifically defined shall be reconciled in accordance with the highest ideals of the Engineering and Architectural Profession. r The undersigned do hereby state that this contract is executed in triplicate, as though each were an original and that there are no oral agreements that have not been reduced in writing in this instrument. It is further stated that there are no other consideration or monies contingent upon resulting from the execution of this contract nor have any of the above been applied by any party to this Agreement. FOR THE CITY: ,- � Ck AWM- T: FOR THE CONSULTANT: d Y� ^ :tr'CsiTD / a?P3i%t'D 3— lOfaET. W PROFESSIONAL I MEERS: 'rtpnn use - ..Nr "EXHIBIT "A" Exhibit "A" to Standard Form of Agreement Between Owner and Engineer for Professional Services (NSPE 1910-1-A, 1974 Edition) Duties, Responsibilities and Limitations bf the Authority of Resident Project Representative A. General. Resident Project Representative is ENGINEER's Agent and shall act as directed by and tinder the supervision of ENGINEER. He shall confer with ENGINEER regarding his actions. His dealings in matters pertaining to the on-site Work will in general be only with ENGINEER and CONTRACTOR. His dealings with subcontractors will only be through or with the full knowledge of CONTRACTOR or his superintendent. He shall generally communicate with OWNER only through or as directed by ENGINEER. B. Duties and Responsibilities. Resident Project Representative shall: /. Schedules: Review the progress schedule, schedule of Shop Drawing submissions, schedule of values and other schedules prepared by CONTRACTOR and consult with ENGINEER concerning their acceptability. 2. Conferences. Attend preconstruction conferences. Arrange a schedule of progress -meetings and -other job -confer- ences as required in consultation with ENGINEER and notify in advance those expected to attend. Attend meet- ings. and maintain and circulate copies of minutes thereof. 3. Liaison: a. Serve as ENGINEER's liaison with CONTRACTOR, working principally through CONTRACTOR's superin- tendent nod assist him in understanding the intent of the Contract Documents. Assist ENGINEER in serving as OWNER's liaison with CONTRACTOR when CONTRACTOR's operations affect OWNER's on-site operations. b. As requested by ENGINEER. assist in obtaining from OWNER additional details or information, when required at the job site for proper execution of the Work. c. In the interest of preserving_thc--proper_channels_of communication, advise ENGINEER of any direct communication-betwcen-OWNER and CONTRACTOR. - 4. Shop Drawings and Samples. . a. Receive -and record-date-0f-receipt-of�hop.Drawings-andsamples-which-have been_approvedby-ENGINEER. b. Receive samples which are furnished at the site by CONTRACTOR for ENGINEER's approval, and notify ENGINEER of their availability for examination. c. Advise ENGINEER and CONTRACTOR or his superintendent immediately of the commencement of any Work requiring a Shop Drawing or sample submission if the submission has not been approved by ENGINEER. S. Review of Work, Rejection of -Defective Work. Inspections and Tests: a. Conduct on-site observationsof the Work in progress to assist ENGINEER in determining that the Project is _ proceeding in accordance with the Contract Documents and that completed Work will conform to the Contract Documents. b. Report to ENGINEER whenever he believes that any Work is unsatisfactory, faulty or defective or does not conform to the Contract' Documents, or has been damaged, or does not meet the requirements of any inspections, tests or approvals required to be made: and advise ENGINEER when he believes Work should be corrected or rejected or should be uncovered for observation, or requires special testing or inspection. c. Verify that tests. equipment and systcmi startups and operating and maintenance instructions arc conducted as required by the Contract Documents and -in presence of the required personnel, and that CONTRACTOR main- tains adequate records thereof; observe, record and report to ENGINEER appropriate details relative to the test procedures and startups. d. Accompany OWNER and visiting inspectors representing public or other agencies having jurisdiction over the Project, record the outcome of these inspections and report to ENGINEER. O 1974 by National Society of Professional Engineers, 2029 K St., N.W., Washington, D.C. 20006 NSPE Publication No. 1910-1-A 1974 Edition 966 6. Interpretation of Contract Documents: Transmit to CONTRACTOR clarification and interpretation -of the Con- tract Documents as issued by ENGINEER. 7. Modifications: Consider and evaluate CONTRACTOR's suggestions for modifications in Drawings or Specifica- tions and report them with recommendations to ENGINEER. 8. Records: a. Maintain at the job site orderly files for correspondence. reports of job conferences. Shop Drawings and sample submissions. reproductions of original Contract Documents including all addenda, change orders, field orders, additional Drawings issued subsequent to the execution of the Contract. ENGINEER's clarifications and interpretations of the Contract Documents, progress reports and other Project -related documents. b. Keep a diary or .log book, recording hours on the job site, weather conditions, data relative to questions of extras or deductions. list of principal visitors, daily activities, decisions. observations in general and specific obser- vations in more detail as in the case of observing test procedures. Send copies to ENGINEER. c. Record names, addresses and telephone numbers of all CONTRACTORS. subcontractors and major suppliers of equipment and materials. d. Advise ENGINEER whenever CONTRACTOR is not currently maintaining an up -to -dale copy of Record Drawings at the site. . 9.' Reports: a. Furnish ENGINEER periodic reports as required of progress of the Work and of CONTRACTOR's .compliance with the approved progress schedule, schedule of Shop Drawing submissions and other schedules. b. Consult with ENGINEER in advance of scheduled major tests, inspections or start of important phases of the Work. 10. Payment Requisitions: Review Applications for Payment with CONTRACTOR for compliance with the estab- lished procedure for their submission and forward them with recommendations to ENGINEER, noting particu- larly their relation to the schedule of values, work completed and materials and equipment delivered at the site. 11. Guarantees. Certificates. Maintenance and Operation Manuals: During the course of the Work verify that guar - tees, certificates, maintenance and operation manuals and other data required to be assembled and furnished by CONTRACTOR are applicable to the items actually installed: and deliver these data to ENGINEER for his review and forwarding to OWNER prior to final acceptance of the Project. 12. Completion: 5 a. Before ENGINEER issues a Certificate of Substantial Completion, submit to CONTRACTOR a 'list of observed items requiring correction. b. Conduct final inspection in the company of ENGINEER, OWNER and CONTRACTOR and prepare a final list of items to be corrected. c. Verify that all items on final list have been corrected and make recommendations to ENGINEER concerning acceptance. C. Limitations of Authority. 'Except upon written instructions of ENGINEER. Resident Project Representative: 1. Shall not authorize any deviation from the Contract Documents or approve any substitute materials or equipment. 2. Shall not undertake any of the responsibilities of CONTRACTOR, subcontractors or CONTRACTOR's superin- tendent. 3. Shall not expedite Work for the CONTRACTOR. 4. Shall not advise on or issue directions relative to any asKct of the means, methods, techniques, sequences or pro- cedures of construction unless such is specifically called for in the Contract Documents. S. Shall not advise on or issue directions as to safety precautions and programs in connection with the Work. 6. Shall not authorize OWNER to occupy the Project in whole or in part. 7. Shall not participate in specialized field or laboratory tests or'inspections conducted by others. YZ 7 '' e "EXHIBIT B" SHIVE—HATTERY & ASSOCIATES COMSULT/fvG 6MGlPlC-ERS SCHEDULE OF GENERAL, FIELD AND LABORATORY I APRIL 1, 1977 THROUGH JUNE 30, 1977 GENERAL Mobilization Charges - Based on round trip mileage Private Automobile or Auxiliary Vehicle Drill Rig (Minimum Charge = $100.00) Rental Equipment Per Diem Rate (Charge if site is more than 40 miles from nearest office), per individual Boring Location Survey Stand -By Time, in excess of normal set-up time, as a result of clients request or action All Terrain Vehicle, Specialized Drilling Equipment, Equipment for Moving Drilling Equipment at Site, Permits, etc SOILS - FIELD Auger Drilling - Hollow Stem Augers Structure Boring - Utilizing Standard Penetration Test (2 1/2 intervals to 15', 5' intervals to 50', 10' intervals thereafter) 0' - 25' 25' - 50' 50'+ Auger Drilling - Solid Augers Profile Boring - Samples at 5' intervals to 50', 10' intervals thereafter 0' - 25' 25' - 50' 50'+ . $ .15/mile $1.25/mile Cost + 15% $20.010/day $35.00/hour $50.00/hour Cost + 15% $4.70/ foot $5.20/ foot $6.00/ foot $4.20/ foot $4.70/ foot $5.50/ foot CEDAR RAPIDS DAVENPORT DES MOINES DUBUQUE FT MADISON IOWA CITY VINTON -2- Profile Boring - Without Samples 0' - 25' 25' - 50' 50'+ Profile Boring - To define top of rock and water table only 0' - 25' 25' - 50' 50'+ Hourly Rates - Drill rig and one technician Drill rig and two technicians Auger Drilling - Through weathered rock or material consisting primarily of broken rock, concrete, rubble fill, etc. Rock Bit Drilling Rock Coring, NWX Size Set Up/Boring Drilling Requiring use of auxiliary water source, additional Sampling and Testing - Additional Standard Penetration Tests Shelby Tube ("Undisturbed"), 2" or 3" diameter Large Volume Bag Sample Rimac Unconfined Compression Value Hand Penetrometer Value Vane -Shear—VaIue,-Torrane Seismic Refraction Testing Equipment Cost Testing Slotted Well Point Installation, in drilled bore hole Set Up/Well Point Material Cost $3.70/foot $4.20/foot $5.00/foot $3.20/foot $3.70/foot $4.50/foot $40.00/hour $50.00/hour $10.00/foot $12'.,OQ/foot $30.00/each $15.00/foot $25.00/day $12.50/each $10.00/each $15-.-00r/ea-ch - $3.,50/each „ 51..00/each $5.00/r-ach, $100.00/day $75 CI/each $60.00/each $2.50/foot SHIVE•HATTERY & ASSOCIATES 36Y SOILS - LABORATORY Shelby Tube Extrusion, Sample Preparation, and Logging Natural Moisture Content Dry Unit Weight, Shelby Tube Specimen Atterberg Limits LL, PL, PI SL Mechanial Analysis Hydrometer Sieve Sieve, Washed Over #200 Combined Hydrometer/Sieve Specific Gravity Unconfined Compression Testing Soil W/O Stress - Strain Curve W/Stress - Strain Curve Rock, including cutting and capping Compaction Testing (Proctor) Standard Modified Relative Density, Maximum/Minimum Californ.ia Bearing Ratio (single point) Cons6lidation-Testsng;-i-ncl-ud-ing-e- +og-p—curve--- Loading Cycle - 1/4, 1/2, 1, 2, 4, 8, 16 tsf, typical Unloading Cycle - 8, 4, 1 tsf, typical Additional Load or Unload Increments Time Ratio Curve, Per Load Increment Triaxial Testing Unconsolidated - Undrained (Q) - 3 Specimens/Test Consolidated - Undrained (R) - 3 Specimens/Test Consolidated - Drained (S) - 3 Specimens/Test Additional for Pore Pressure Measurements Permeability Testing Falling Head or Constant Head SHIVE-HATTERY & ASSOCIATES $5.001 /each $2.00/each $2.00/each $22.00/set $15.00/each $22.50/each $20.00/each $25.00/each $37.50/each $20.00/each $7.00/each $15.00/each $25.00/each $60.00/each $65.00/each $65.00/each $65.00/each $150.00/each $50.00/each $15:00/each $12.00/each $160.00/test $210.00/test $260.00/test $150.00/test $65.00/each 376 Rock Quality Designation (RQD) Determination $5.00/each Remolded Sample for Test Purposes 515.00/each Unified or AASHTO Classification, Additional to'Required Testing $2.00/each- pH Determination $7.00/each Sulfate Determination 5.00/each $1 Other Chemical Contents $1 Request MATERIALS - FIELD Coring of Concrete or Asphalt Equipment Cost (per inch diameter per inch core) $1.25 Generator or Water Source $15.00/day Swiss Hammer, Compressive Strength $10.00/test Nuclear Densometer Equipment Cost $5.00/hour $100.00/week Pachometer (size and location of reinforcing steel) $25.00/day MATERIALS - LABORATORY Concrete - Cylinders (6" x 12" Nominal) Mold $ .60/each Break, including curing, capping, and reporting $4.30/each Hold, cured but not broken $3.00/each Unit Density- $1.00/each Mix Design $90.00/each--- Certification of existing design $60.00/each Trial Batch, including 6 test cylinders andlno.l.ds $110.00/each Cut -Specimen Absorption $10.00/each Unit Density $9.00/each Trimming $7.50/cut Break, including curing, capping and reporting $10.00/each Block Testing Single Block - Break $15.00/each Prism _ Break $20.00/each Absorption $10.00/each Net Area Determination $15.00/each ' SHIVE-HATTERY & ASSOCIATES ,171 Beam Testing Flexural Strength, including net area determination Molding Equipment Asphalt - Flash Point Determination Extraction With Gradation Marshall Density (3 specimens), mix provided Cut Specimen Unit Density If more than 3 specimens Roofing Sample, Quantitative MISCELLANEOUS INSPECTION $20:OQ/each,' ' $4.00✓,each - $35..00/each $45.00/each $60.00/each $18.00/each $9.00./each $6.00/each $75.00/each Caissons, piling, or earthwork inspection will be charged utilizing standard hourly rates of required technical personnel, including travel time. 'Equipment costs will be charged at the rates outlined above. Additional or special testing rates will be quoted on request. SHIVE-HATTERY & ASSOCIATES SAH SHIVE-HATTERY & ASSOCIATES CONSULT/NG ENGINEERS HIGHWAY 1 & 1-80 P.O. BOX 1050 IOWA CITY, IOWA 52240 TELEPHONE: (319) 354-3040 "EXHIBIT C" Agreement Between City of Iowa City and Shive-Hattery and Associates Bridge Repair/Replacement Projects Direct personnel expenses for Shive-Hattery & Associates personnel, for the period from April 18, 1977 to June 30, 1977 are listed below, in accordance with Item 12 of the GENERAL TERMS. CLASSIFICATION RATE PER HOUR Grade 8 Engineer $ 17.84 Grade 7 Engineer 14.64 Grade 6 Engineer 12.12 Grade 5 Engineer 10.98 Grade 4 Engineer 9.72 Grade 3 Engineer 8.69 Grade 2 Engineer 7.32 Grade E Engineering Technician 10.26 Grade D Engineering Technician 7.45 Grade C Engineering Technician 6.18 Grade B Engineering Technician 4.98 Grade A Engineering Technician 3.61 CEDAR RAPIDS DAVENPORT DES MOINES DUBUQUE FT. MADISON IOWA CITY VINTON 373 e SHIVE-HATTERY & ASSOCIATES CONSULT/NG ENGINEERS HIGHWAY 1 & 1-80 P.O. BOX 1050 IOWA CITY, IOWA 52240 TELEPHONE: (319) 354-3040 "EXHIBIT C" Agreement Between City of Iowa City and Shive-Hattery and Associates Bridge Repair/Replacement Projects Direct personnel expenses for Shive-Hattery & Associates personnel, for the period from July .l, 1977 to December 31, 1977 are listed below, in accordance with Item 12 of the GENERAL TERMS. CLASSIFICATION RATE PER HOUR Grade 8 Engineer $ 18.78 Grade 7 Engineer 15.41 Grade 6 Engineer 12.76 Grade 5 Engineer 11.56 Grade 4 Engineer 10.23 Grade 3 Engineer 9.15 Grade 2 Engineer 7.71 Grade E Engineering Technician 10.80 Grade D Engineering Technician 7.85 Grade C Engineering Technician 6.50 Grade B Engineering Technician 5.24 Grade A Engineering Technician 3.80 CEDAR RAPIDS DAVENPORT DES MOINES DUBUOUE FT. MADISON IOWA CITY VINTON 3-11 40 RESOLUTION NO 77-1920 16 -a -- RESOLUTION AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT FOR THE CONSTRUCTION OF THE MUSCATINE AVENUE IMPROVEMENT PROJECT - FAUS NO. M-4052 (829)--81-52 WHEREAS, Metro Pavers, Inc., of Iowa City, Iowa has been awarded the contract and has furnished adequate performance bond and insurance certificates for the construction of the above-named project. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the performance bond and insurance certificates for the construction of the above-named project are approved by the Council. 2. That the Mayor is hereby authorized to sign and the City Clerk to attest the contract for the construction of the above-named project upon concurrence of the Federal Highway Works Administration. It was moved by Selzer and seconded by Perret that the Resolution as read be adopted, and upon roll call there were: AYES: NAYSs ABSENT: X Balmer X deProsse. X Foster X Neuhauser . X Ferret X Selzer X Vevera Passed and approved this 14th day of June , 19 77 . s MAYOR PRO 7TEXj ATTEST: (//��l[ c Received $ Approved CITY CLERK QY The Legal Dapartm-nf a�.�Il`._• %S Ll RESOLUTION NO. 77-193 • RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST AN AGREEMENT WITH JOHNSON COUNTY/MUNICIPAL CIVIL DEFENSE AGENCY. WHEREAS, the City Council of Iowa City, Iowa, recognizes the need to provide aid and assistance among public agencies within Johnson County, Iowa, in the event of natural disaster, military attack, or other emergencies; and WHEREAS, toward that end there has been prepared a Johnson County Mutual Aid Agreement in accordance with Chapter 28E of the Code of Iowa, a copy of which is attached hereto, and WHEREAS, the Johnson County/Municipal Civil Defense Agency has duly recom- mended approval of said Agreement; NOW, THEREFORE, BE IT RESOLVED by the City Council of Iowa City, Iowa, that said Agreement is approved, that the City of Iowa City, Iowa, wishes to participate therein and the Mayor is authorized and directed to execute said Agreement on behalf of the City of Iowa City, Iowa. It was moved by Selzer and seconded by Perret that the Resolution as read be accepted, and upon roll call there were: AYES: NAYS: ABSENT: X Balmer X deProsse X Foster X Neuhauser X Perret X Selzer X Vevera Passed and approved this 14th day of June , 1977. (1,1110AP"44J�, May Pro Tem ATTEST: City Clerk d RECEIVED & APPROVED BY THE LEGAL DEPARTMENT j7Z 0 JOHIMN OOUNl'Y MUTUAL AID AGRIM, OU This Agreement is made pursuant to Chapter 28E of the Code of Iowa. by and between the various public agencies which have became signatories hereto: 1. This Agreement shall take effect upon execution by two or more public agencies within Johnson County, Iowa. A public agency desiring to become a part to this Agreement shall enact a reso- lution of participation which authorizes signature of the Agreement and shall certify such resolution to the joint county -municipal civil defense and emergency planning administration provided for in Chapter 29C of the Code of Iowa, hereinafter referred to as the joint administration, within Johnson County. A party to this Agreement may terminate at any time by passing a termination resolution and certifying such resolution to the aforesaid joint administration. This Agreement is, in all other respects, per- petual and subject to amendment by the unanimous approval of all parties hereto. 2. This Agreement shall be administered, as necessary, by the joint administration. 3. There shall be no financing of this Agreement other than through the regular budgetary process of the joint administration. Like- wise,the joint administration shall be the only means of acquir- ing, holding and disposing of property hereunder. 4. The purpose of this Agreement is to provide for mutual aid and assistance among public agencies within Johnson County, Imva, in the event of natural disaster, military attack or other Emergency. 5. Mutual aid and assistance procedures shall be as follows: a. A public agency which is a party to this Agreement shall, when it determines the need therefore, request such aid and assis- tance as it believes are needed to respond to a natural disaster, military attack or other emergency. For the purposes of this Agreement, the determination of need and the request for aid and assistance shall be communicated by the highest official of the requesting agency. b. Upon a request of for aid and assistance, the chief adminis- trative officers, or their designees, of all other agencies which are parties hereto shall provide such aid and assistance requested as, inJudgment of the chief administrative officer, can be made available consistant with the on-going obligations of that agency. C. The chief administrative officer of each agency responding to any request shall designate an officer -in -charge of the unit furnished, which officer -in -charge is vested with actual on - scene operational authority of the aid or assistance being provided. 977 0 u d. An agency responding to a request for aid or assistance retains the right at any time to terminate such aid or assistance for any reason without notice or recourse. e. The requesting agency shall, at the earliest practible time, through its highest official, declare the disaster, attack or emergency alleviated, thereby releasing any and all aid and assistance furnished. 6. Texmination of this Agreement shall occur in the event that no tryv public agencies remain parties hereto. Upon termination, any property requiring disposition shall become the property of the joint administration. 7. This Agreement is not intended to supercede or in any way limit the Emergency Operations Board which is the subject of an agreement between some of the parties hereto and the Iowa Department of Public Safety. CITY OF IOWA CITY, I9VA P""-"-- MAYOW PRO 7`E7i4 ATTEST: CITY CLERK J RECEIVED & APPROVED BY THE LEGAL DEPARTMENT "'-4- 31701 RESOLUTION NO. 77-194 RESOLUTION AUTHORIZING EXECUTION OF SIXTH AMENDATORY TO ANNUAL CONTRIBUTIONS CONTRACT FOR SECTION 23 LEASING OF PRIVATE ACCONWDATIONS WHEREAS, the City Council of Iowa City (the Loa -Rent Housing Agency of the City of Iowa City) and the Department of Housing and Urban Development extended into a certain Annual Contributions Contract No. C-765 dated June 30th, 1969 (which as amended is herein after referred to as the Existing Contract) and WHEREAS, both parties desire to further amend the existing contract NOW THEREFORE, be it resolved that the Mayor shall sign and the City Clerk shall attest to the Sixth Amendatory to Annual Contributions Contract No. C-765 which is attached to this Resolution and by this reference made a part hereof. It was moved by Perret and seconded by Foster that the Resolution as read be adopted and upon roll call there were: AYES: NAYS: ABSENT: _ x Balmer x deProsse x Foster _ Y Neuhauser _x Perret x Selzer x Vevera Passed and approved this 14th day of June , 1977 QA*4kw. -�'Lp"44-R, Mayor Pro Tem ATTEST: OIL-; City Clerk Rce ivcd & Afir o -;-ad By The Legal Dep32ta1_;nt .Z -Z' 31Y RESOLUTION NO. 77-195 RESOLUTION AUTHORIZING EXECUTION OF ANNUAL C.'ONTRACT WHEREAS the City Council of Iowa City (herein called the "Local Authority") proposes to enter into a revised contract (herein called the "Annual Contributions Contract") with the United States of America (herein called the "Government") with respect to any "Projects" as defined in the Annual Contributions Contract and which at any time now or hereafter is incorporated under the terms of such Contract. BE IT RESOLVED BY THE LOCAL AUTHORITY, as follows: Section 1. The Annual Contributions Contract in substantially the form of contract hereto attached and marked "Exhibit A" is hereby approved and accepted both as to form and substance and the Mayor or Mayor Pro Tem is hereby authorized and directed to execute said contract in two copies on behalf of the Local Authority, and the City Clerk is hereby authorized and directed to impress and attest the official seal of the local Authority on each such counterpart and to forward said executed counterparts, or any of them, to the Government together with such other documents evidencing the approval and authorizing the execution thereof as may be required by the Government. Section 2. Whenever the following terms, or any of then, are used in this Resolution, the same, unless the context shall indicate another or different meaning or intent shall be construed, and are intended to have meanings as follaos: (1) The term "Resolution" shall moan this Resolution. (2) All other terms used in this Resolution and which are defined in the Annual Contributions Contract shall have the respective meanings ascribed thereto in the Annual Contributions Contract. Section 3. This Resolution shall take effect immediately. It was moved by Perret and seconded by Foster that the Resolution as read be adopted and upon roll call there were: AYES: NAYS: ABSENT: _ x Balmer x deProsse x Foster x Neuhauser _ x Perret x Selzer x Vevera Passed and approved this 14th day of June !, 1977. Ma Mayor Pro Tem ATTEST: City -Clerk P:-CE172•n G tPiii3'"0i7-D ly THE IEGL A^?t��c'yT Project .. IA 22-1 Contract No.: C-765 U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT LOW -RENT HOUSING SIXTH AMENDATORY TO ANNUAL CONTRIBUTIONS CONTRACT FOR SECTION 23 LEASING OF.PRIVATE ACCOMMODATIONS THIS SIXTH AMENDATORY Annual Cont butions Contract, made and entered into this /yG/v day of1977, by and between the UNITED STAT- AMERICA erein called the "Govern- ment"), pursuant to the United States Housing Act of 1937 (42 U.S.C. 1401, et sec., which Act as amended is herein called the "Act") and the Department of Housing and Urban Development Act (5 U.S.C. 624) as amended, and the LOW -RENT HOUSING AGENCY OF THE CITY OF IOWA CITY, IOWA (herein called the "Local Authority"); WITNESSETH: WHEREAS, the parties hereto entered into that certain Annual Contributions Contract No. C-765 dated June 30, 1969 (which, as amended, is herein referred to as the "Existing Contract"); and WHEREAS, the parties desire to further amend the Existing Contract. NOW, THEREFORE, in consideration of the mutual covenants here- inafter set forth, the parties do agree as follows: 1. Section 1 (B) is further amended by adding the following language thereto: "The parties hereto do agree that 72 units with basic annual contributions of $101,946.00 shall be transferred and redis- tributed from the Existing Contract to that collateral Section 8 Leased Housing Annual Contributions Contract No. KC -9033E. Such redistribution of the aforementioned units shall be in addition to those previously transferred and redistributed pursuant to a previously issued amendatory annual contributions contract and shall be accomplished between July 1, 1977, and June 30, 1978." 2. Section 1(D) is further amended by adding thereto List No. KC -77-215. 3. Except as herein provided the Existing Contract as amended shall remain in effect. IN WITNESS WHEREOF, the Local Authority and the Government have caused this Sixth Amendatory to be executed in their respective names and have caused the Local Authority seal to be hereunto affixed and attested as of the date of this contract first above written. ATTESTED: 1 Q Abbie Stolfus;,City Clerk name and title LOW RENT HOUSING AGENCY OF THE CITY OF IOh�WA�� �CiITTY, IOW By Carol W. deProsse, Mayor Pro Tem name and title UNITED STATES OF AMERICA Secrg ry of Housing $ Urban Development De,cnes Insyrrtng Office Director, D name incs` Insur C Office 0 1''•76 5 U. S. DE ?Y:U t)l• I'JPS LAG ni:D UM -AH DE WNL.'I1' SECTION d 110ti51KG ASSISTANCC PAYMENTS PRO:1(P`I EYISTItIC HOUSING PART I OF THE ANNUAL CO'URIBUTIONS CONTRACT EFFECTIVE DATE: July 1,•1977 (Date of execution by the Government os this ACC Part I) MS'LFR SECTION o ACC NC?3ER: NUMBER OF THIS ACC PARE I: KC -9033 KC -9033E 1.1 The Program. (a) Projects Within Prozram. The Existing Housing Program under this ACC Pari I includes the following projects: Proiect Nu-mber: _ ACC List Number.and Date of Approval .._ tir%105-E0�2 :OQF _ =KC -76-124 ::' 5/25/76- - IAOS-E022 002 KC -76-125 S/25/76 IA05-EC22-003 _ KC -76-126•. KC 77-215 5/20[77. (b) Number of Units (5v Size) in Program. The aggregate number of units by si;.c of unit included in'these projects is as follows: Size of Unit: s,•, Efficiency _ 1 BR 2 BR 3 BR - 5 BR 1 BR (Elevator) 2 ER (Elevator) Number of Units: 13 ' 150 103 12. ..... 10 .15 (c) Maximum ACC Amount. The maximum ACC 'arnount for all Programs Expenditures in respect to the aggregate number of units in these projects (the Program) is $ 620,550.00 per year; Provided, however, that this amount shall be reduced co,^ensurately with any reduction in the number of units or changes in unit size. under any provision of this ACC (see Section 1.4(a)).• The PHA shall not enter into any Contract or take any other action which will result in a claim for an Annual Contri- bution in respect -to the Program in excess of the amount stated in this paragraph (c). (d) PHA Obligation. The ? 4, to the maximum extent feasible, shall enter into Housing Assistance Payments Contracts ("Contracts") in accordance with the nunbers and sizes of units and subject to the maximum ACC amount specified above, (e) Meaning of "Project" as Used in Master ACC and Part II. For purposes of this Part I the tern "Project" wherever used in the Master Section S ACC and in Part 11 shall mean all the projects in the'"Existing Housing Program." 1.2 Authorization of Actions by PHA. In order to carry out the Program., the P11A is authorized to (a) enter into Housing :assistance Payments Contracts, (b) nai:c housing assistance payments on behalf of Families, and (c) take all other tiec-?Nary actions all in accordance with the forms, conditions and requirements prescribed or appro•c-e by the Govermnent; Provided, however, that neither the PHA nor the Go:•--rr- mcnt l,..11 asscme any obligation beyond that provided in Contracts. in thc• form anprovecl by the G:.vr.rra-ent. 1.3 Topa of_ACC r _ Lease and Ccn[ract. •, (a) Tern of ACC. The tern of this ACC shall be five years. (b) Perm of Lease e.nd Contrnct. Tile tern of each Lease shall he for not less than ons year nor u:ore than three years, but the Lease may containr a provision pc:ittir-r ter.ainatior. upon 30 days advance written notice by either party. The tSn. of e: -c.:, Zontract shall be for the term of the Lease, provided that if a Family continues in Dccupancy after the cxpiratio.i of the term on the same teras and copoitions as the origipal Lease (or changes thereto which have been approved by the PHA and incor- 3oratt?d in the Contract where appropriate), the Contract shall continue in effect for the duration of such tenancy subject to the limitation in the next sentence. ++ny renewal of the Contract and Lease term, and any continuation of tenancy beyond the tern, shall in no case extend beyond the term of this ACC. 1.4 Annual Contribution. (a) Notwithstanding any other provisions of this ACC (other than paragraph (c) of _his Section) or any provisions of any other contract between the Government and the ,%2 the Government shall not be obligated to make any Annual Contribution or any her payment with respect to any Fiscal Year in excess of the amount stated in ctlon l.l(c) .: (b) Subject to the maximum dollar limitation in paragraph (a) of this Section, :he Government shall pay for each Fiscal Year an Annual Contribution to the PHA n_respect to,,tha.-Prograri�-in:an_a,:ount equal to_the ,sum of. thefollowing'{subject-to•--=- -_ - -eduction by' theAamount of any Program Receipts other than Annual Contributions, which teceipts shall be available for Program Expenditures): (1) The amount of housing assistance payments payable during the Fiscal Year. see Section 1.5) by-the'PH pursuant to the Contract; as authorized iii Section.l.2.• (2) The allowance, in the amount approved by the Goverment, for preliminary costs f administration. (3) The allowance, in the amount approved by the Goverment, for regular costs of dministration, including costs of Government -required audits of Owners and the P11A. (c) (1) An ACC reserve account will be established and maintained by the Govexni- .ent, as a specifically identified and segregated account, in an amount as, determined by :he Government consistent with its responsibili ties' under section 8(c)(6) of the Act.io the extent funds are available in said account, the Annual Contribution for anp"Fiscal 'ear may exceed. the maximum amount stated in paragraph (a) of this Section. by such :r..ount, if any,-'-'as-may be—required f6r increases reflected in the estimates of required nnua'1 Contribution applicable to such Fiscal Year as approved by the Government in .ccordance with Section 2.11 below. (2)-The-Govern.,nent:-wilL_ take. suck%additional-s teps:,authorized.by. section 8(0{6'), .. f the Act as may be necessary to assure availability of funds to cover increases ir. ousing assistance payments on a timely basis as a result of increases in Contract ents or decreases in Family Incomes. 7. - (d) 'Phe Government will make periodic pajm-anEs on account of each Annual Contri- ition upon requisition therefor by the PHA in the form prescribed by the Government. .:ch requisition s�all include certifications by the PHA that housing assistance +yments have been or will be made only: (1) In accordance with the provisions of the Contracts; and (2) With respect to units which the PHA has inspected or caused to be inspected, +rsuant to Section 2,4 of Part II of this ACC, within one year prior to the making such housing assistance payments. (c) Following the end of each Fiscal Year, the PHA shall promptly pay to the verpment, unless other disposition is approved by the Government, tljc amount, if y, by which the total amount of the periodic payments during the Fiscal Year exceeds e total amount of the -Annual Contribution payable for such Fiscal Year in nrcordanec th this erection. 1.5 rl,rcnl Year. The Fiscal Year for the Program shall be the Fiscal )'car Cs - by Section 0.3 of this ACC; Provided, however, that tl,e first 1.,iscal F.c.r r the Project shall be the period beginning with the effective date of this !:(.C.' P.vr: 1 f ITA-5-5-iJB Page of 3 Pages and ending on the last day of said established Fiscal Year which is not less than 12 months after such effective date. If the first Fiscal Year exceeds 12 months, the maximum Annual Contribution in Section 1.1(c) may be adjusted by the addition of the pro rata amount applicable to the period of operation in excess of 12 months. 1.6 Periodic Adiustment of Contract Rents. Each contract may provid& for periodic adjustments in the : ontract Rents chargable by the Owner and commensurate increases in amounts of housing assistance payments in accordance with applicable Government regulations. 1.7 Equal Opportunity Housing Plan. The PHA shall comply with all provisions of its HUD -approved equal opportunity housing plan. 1.8 Expeditious Carrying Out of Program, The PHA shall proceed expeditiously with the Program. If the PHA fails to proceed expeditiously, the Government, by notice to the PHA, may reduce its obligation hereunder with respect to the Program to the number and size of dwelling units under Contracts with Owners as of the date of receipt of such notice by the PHA, with a corresponding reduction in the maximum amount of the Annual Contribution specified in Section 1.1(c). 1.9 Prior ACCs Superseded. This Part I supersedes prior Section 8 Existing dousing ACC Parts I, if any. i pHA IOWA CITY HOUSING AUTHORITY 0 Carol W. deProsse, Mayor Pro tem (official Title Date LIM United States of America of lysing and Urban Development Des Moines Insurin.Q Of Date June 14, 1977 395/ MASTER SECTION 8 ANNUAL CONTRIBUTIONS CONTRACT ATTACHMENT A ACC Contract Number D^te ACC List Number Date Proiect Pe KC -9033 1-09-76 KC -76-048 1-02-76 Existing KC -9033 6-17-76 KC -76-124 5-25-76 Existing KC -9033 7-01-76 KC -76-125 5-25-76 Existing KC -9033 7-01-76 KC -76-126 5-26-76 Existing KC -9033 KC -77-215 5-20-77 Existing Conversion 3 P/; U, S. i3!;l;?11_.1:i 01' i:-!'-T`� SMICN r". Terms anti Conditions Consti.tutin_� Fart II of an Annual Contributions Ccairact Bet,-:oen PHA and the United Jt_teS of A :e: ica NES CON3TP.UCTION, SUBSTANTIAL RPiiAUILITATION, EXISTING MUSI:,G Mster Section 8 ACC ttv:°•er 2.1 DEFINITIONS KC -9033 (a) "Far-iilies" means Lo:•%er-Income Fa:.ilies (including "Vent Lour-Inco:le Far.illes") and includes Frumilies consisting of a single person in the case of Elderly Fa.,-Jlies and Displaced Families and includes the remaining member of a 'tenant family. (b) "Elderly Families" means Families whose heads Cor their spouses), or whore sole members are persons Wd,are at least 62 years of age or are under a disability as defined in section 223 of the Social Security Act or in section ?.02 .(5) of the Developmental Disabilities Services and Facilities Construction :rerdments of 19701 or are handicapped. The term Elderly Families includes two or l.:o;c'elder°ly, disabled, or handicapped individuals living together or one or :tore such irdiv.duals living together with another person who is determined under regulations of t?:n Secretary of Housing and Urban Development ("Secretary") to ba a person essential to their care or well being. (c) "Displaced Families" means Families displaced by governmental actio., or Families whose dwellings have been extensively damaged or destroyed as a result of a nrdise.stsr declared or otherise formally recognized Pursuant to Federal disaster relief lavas. (d) "Lower -Income Families" means Families whose Incomes do not exceed 80 per cent of the median Income for the area as determined by the Secretary v.ith adjustr..2:ts for smaller and lamer families, except that the Secretary may establish 1-C!0me limits high or lcser than 80 percent of' the .:.eiian for the area on the basis of Iris findings that such variations are necessary because of prevailing level:.• of construction.costs, unusually high or low faraily Incomes, or other'factcrs. (e) "Very.Lovr-Income Families" means Families whose Incomes do not exceed 50 percent of the median Income for. the area, as determined by the Secretary crith adjustments for smaller and larger families. (f) "Inco,::e" means income for all sources of each member of the household, as dote r ::ed in accordance with criteria prescribed by the Secretary. (g) 110zmer" roans the person or en�ity, including a cooperative, :%it}: v%hich the .Lercer and Contract are entered into. (h) "Rent" or "rental" mean, TPh respect to m^_.^.b^rs of a cooperative, the chore" -s. under time occupancy agreements cet•scen such members and the cxp2rative. (i.) "Project Receipts" with respect to each Project means the Annul Cont-ibutiens payable her under and all cth_ receipts under this ACC, if any, accruing to the i PHA from, out of, or n connection with such Project. (j) "Project Expenditures" with respect to each Project r..eans all costs allowable under Section 1.4 (b), Part I, of this ACC, :eith respect to such project. (k) "Substantial Default" means the occurrence or *any of the events listed in Section ?• 2.2. LO;.E!?-I!MCT -: )MUSP'G U`; CO:.?LL•"!'C ;I'ii? ACT .'.':D The PHA shall use the Arin-Jal Contribution solely for the ^urp:>:e of _rrc:ridin? I`ccc:.t, Safe, and Sani'.•:•y d:re1L' for F<t::dlicz it cc:n,liaace rrith all a!,^ is blc r.r:;ricna of the Let ar.e all re�ulaticn:. i:... ed pt:rsuant thereto. HUD -52520 C p_, e f of 10 Pa es ,3, ....:G1BILi7"i__AND .._d;IdT OF J! j:'NG-- (a) The MA shall comply with the Intone lig^its established by the G :c:nr..ea, nni with the requirements of the Government purauant to section S (c) (7) of -he Act that at least 30 percent of the Families assisted in all its •projects u:.;ier its gaster Section 8 ACC shall be Very Low-Incor;e Families. 0. (b) The PILA shall comply or assure compliance with the schedules and criteria estnlr- lished by the Government with respect to the amounts of housing assistance rnyrents made on behalf of Families. (c) The PHA shall make or cause to be made periodic re-exn-inations of the Incr^e, ecm- position, and extent of exceptional medical or other unusual expenses of Fani.lies for whom housing assistance payments are being made, for the purpose of confirming or adjusting, in accordance with the applicable schedules established by the Govern- ment, the amount of rent payable by the Family and the amount of housing assistance payment. (d) The PHA shall determine, as part of its annual inspectionandat such other times as it deems appropriate, whether an adjustment is required in the Allowance for Utilities and Other Services applicable to the dwelling unit on grounds of changes of general applicability. If the PHA determines that an adjustment should be made, the PHA small prescribe the amount of the adjustment and notify the Ocener accordingly, and the PHA shall cause the Owner to make a corresponding adjustment in the amount of rent to be paid by the affected Family and the amount of housing assistance payment. (e) Prior to the approval of eligibility of a Family by the PHA or the Owner, as the case may be, and thereafter on the date established for each reexamination of the status of such Family, the PRA or the Owner, as the case may be, shall review or cause to be reviewed a written application, signed by a responsible member of such Family, which application shall; set forth all data and information necessary for a determination of the amount, if any, of housing assistance payment which can be made with respect to the Family. 2.4. INSPECTIONS. (a) The PHA shall require, as a condition for the making of housing assistance payments, that the Owner maintain the assisted dwelling units and related facilities in Decent, Safe, and Sanitary condition. (b) The PHA shall inspect or cause to be inspected dwelling units and related facilities prior to commencement of occupancy by Families, and thereafter a,*, least annually, adequate to assure that Decent, Safe and Sanitary housing eccomodations are being provided and that the agreed -to services are being furnished. 2.5. NONDISCRI'.INATION IN HOUSING. (a) The PM shall comply with all requirements imposed by Title VI of the Civil Rights Act of 1964, Public Lae: 89-352, 78 Stat. 241; the reculations of the Department of Housing and Urban Development issued thereunder, 24 CI'R, Subtitle A, Part 1, Section 1.1, et seq.; the requirements of said Department pursuant to said regulation.- and Executive Order 11063, to the end that, in accordance with that Act and the regulations and requirements of said Department therdunder., and said Executive Order, no person in the United States shall, on the ground of race, color, creed, religion, or national origin, be excluded from participation in, or be denied the benefits of, the Housing Assistance Payments Program or be otherwise subjected to discrimination. The PHA shall, by contractual requirement, covenant, or other binding commitment, assure the same compliance on the part of any subgrantee, contractor, subcontractor, transferee, successor in interest, or other partici- pant in the program or activity, such commitment to include the folly.-Ang clause:' "This provision is included pursuant to the regulations of the Depart -eat of Housing and Urban Develo;...ent, 24 CFR, Subtitle A, Part 1, Secticn 1.1, et seq.; issued under Title VT of thi said Civil Rich's Act. of 1964, _-.i the requirementn of said Department pursuant to said regulntions; ani the ob- ligation of the (contractor or other) to comply thercriith inures to the -]"!,7-52520 C 3 of 10 Pales 2.6. benefit of the United States,.the said Department, and t::e i:iL, nn;: of shall be entitled to invoke any remedies available by la:: to redre::C a;. breach thereof or to compel compliance theresith by the (contractor or o:?:c:).'' (b) The PHA shall incorporate or cause to be incorporated into all Homing Asc•istat::ce. Payments Contracts a provision requiring co-pliance with all require-^ents impo:�e•i by Title VIII of the Civil Rights Act of 1968, and any rules and regulations i -sled pursuant thereto. (c) The PHA shall'not, on account of creed or sex, discriminate in the sale, l.e3sir.7 rental, or other disposition of housing or related facilities (includinz, Ivnd) included in any Project or in the use or occupancy thereof, nor deny to any Family the opportunity to apply for such housing, nor deny to any eligible applicant the opportunity to lease or rent any dwelling in any such housing suitable to its needs. No person shall automatically be excluded from participation in or be denied the benefits of the Housing Assistance Payments Program because of membership in a class such Its unmarried mothers, recipients of public assistance, etc. EQUAL MPLOYMENT OPPORTUNITY. (a) The PHA shall not discriminate against any employee or applicant for employment because of race, color, creed, religion, sex, or national origin. -The PHA shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to race, color, creed, religion, sex, or national origin. Such action shall include, but not be limited to,the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. (b) (1) The PHA shall incorporate Qr cause to be incorporated into any contract for construction work, or modification thereof, as defined in the regulations of the Secretary of Labor at 41 CFR, Chapter 60, which is to be performed pursuant to this contract, the following Equal Opportunity clause: "EQUAL EMPLOYMENT OPPORTUNITY During the performance of _this contract, the contractor agrees as follows: (A) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, creed, sex, or national origin. The contractor will take affirmative action to ensure that applicants are 'employed, and that employees are treated during employment, without regard to their race, color, religion, creed, sex, or national origin. Such action shall include, but notbe limited to, the following: employr:ent, upgrading demotion, or transfer; recruitment or recruitment advertising; layoff or.ter- mination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in con- spicuous places, available to employees and applicants for employment, notices to be provided by the PHA setting forth the provisions of this Equal Opportunity clause. (B) The contractor will in all solicitations or advertisements for employees placed by or on behalf of the contractor, state'that all qualified applicants will receive consideration for employment without regard to race, color, religion, creed, sex,. or national origin. (C) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided by the FHA advisir the said labor union or %orkers' representative of the contractor's co:.-iz:-en:.s unser this Section, and shall post copies of the notice in conspicuous places available to employees and applicants for exployment. (D) The contractor will comply with all provisions of Executive Order ;b. 11246 of September 24, 19':5, an4 of the rules, regulations, and re -ler. -int orders of the Secretary of Labor•. _^r.triLiL 11 it FIM -52520C ; Pa, c 4 of 10 Fages (E) The contractor will furnish all information and rep:rts reouire Executive Order No. 11246 of September 24, 1965, and by rules, re-ula'{^nr, and orders of the Secretary of Labor, or pursuant thereto, and will erm,t access to his books, records, and accounts by the Goverrr..ent and 1t.0 S^cret_r; of Labor for purposes of investigation to ascertain compliance v:itt', such rules, regulations, and orders. (F) In the event of the contractor's nonco.,npliance with the Equal O p^r'urity clause of this contract or with any of the said rules, regulations, or orders. this contract may be cancelled, terminated, or suspended in wt le or in Dar;,, and -the contractor may be declared ineligible for further contracts in accord,_ with. procedures authorized in Executive Order No. 11246 of September 2L, 1065 and such other sanctions may be imposed and remedies invoked as provided in Executive Order No. 11246 of September 24, 1965, or by rule,`regulation, or order of the Secretary of Labor or as otherwise provided by law. (G) The..contractor will include the portion of the sentence immediately preceding Paragraph (A) and the provisions of Paragraphs (A) through (G) in every subcontract or purchase order unless exempted by the rules, regula- tions, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order No. 71246 of September 24, 1965, so that such provisions will be binding upon each'subcontractor or vendor: The contractor will take sucK action with respect to any subcontractor or purchase order as the Government may direct as a means of enforcing such provisions including sanctions for noncompliance; Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the Government, the contractor may request the United States to enter into such litigation to protect the interests of the United States. (2) The PHA agrees that it v,{ill assist and cooperate actively with the Government and the Secretary of Labor in obtaining the compliance of contractors and sub- contractors with the Equal Opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the Govern^:ent and the Secretary of Labor, such information as they may require for the supervision of such compliance, and that it will otherwise assist the Government in the discharge of the Government's primary responsibility for -securing com- pliance. (3) The PHA further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order No. 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for. Government contracts and Federally assisted construction contracts pursuant to - the Executive Order and will carry out such sanctions and penalties for violation of the Equal Opportunity clause as may be imposed.upon contractors and sub- contractors by the Goverr*:ent of the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. 2.7. TRAINING FOR BUSINESSES AND La..!FR INCn±g (a) The project assisted under this ACC is subject to the requirements of section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u. Section 3 requires that to the greatest extent feasible opportunities for training and employment be given lower income residents of the Project area and contracts for work in connection with the Project be ar.Trded to business concerns chich are located in or owned in part by persons residing in the area of the Project. (b) Not-,ithstanding any other provision of this ACC, the PHA shall carry out the pr6visiers of said section.3 cnd the regt._ations issued pursuant thereto by the Secretary set forth in 24 C. --'P, Part 135 (published in 38 Federal Register 29220, October 23, 1973•), and all applicable rules and orders of the Secretary issued thereunder prior to the execution of this ACC. The requirements of said reaulat'_�- include but are not limited to developmcnt and i:^plc:.;cntction of an eff`_r::.a:ive action plan for utilizing business concerns located A :hin or ownnd in rub- stantial part by perMns residing in the area --of the _roject; the mnk!_n7 of a good faith effort, as defined by the reCuiaticns, to prcvide tralnir.,, and business opportunities required by section 3; and incorporation c.' ,he `. of 1Q Pages 3 ela..::e" specifi..d b,• Section 7','..^,7 (b) of th-e reJUlations in al. n :acts f, -- work in connection •oath the Project. The PHA certifies and a,:rec^ i.hnt it it wider no contractual or other disability which would prevent it from coin - plying with these requirements. (c) Compliance tith,the provisions of section 3, t}te regulations set forth in 24 CFR, Part 135, and all applicable rules and orders of the Secretar !_-.sued th re - wider prior to approval by the Goverim:ent of the application for this ACC rh-ill be a condition of the Federal financial assistance prcvided to the Project, bindir. upon the PHA, its successors and assigns. Failure to fulfill these requirements shall subject the PHA, its contractors and subcontractors, its successors, and assigns to .the sanction specified by this ACC and to such sanctions as are specified by 24 CFR, Section 135.135. (d) The PHA shall incorporate or cause to be incorporated into any contract pursuant to this contract such clause or clauses as are required by the Govern^„ent for com- pliance with.its regulations issued pursuant to the Housing and Urban Development Act, as amended. The PHA shall cooperate frith the Government in the conducting of compliance reviews pursuant to said Acts and Regulations. 2.8. COOPERATION IN EQUAL OPPORTUNITY COINI LIANCE REVIEIVS. The PHA shall cooperate with the Government in the conducting of compliance reviews and complaint investigations pursuant to applicable civil rights statutes, Executive Orders, and rules and regulations pursuant thereto. 2.9. CLEAN AIR ACT AND FEDERAL NATER POLLUTION CONTROL ACT. The PHA shall incorporate or cause to be incorporated, into any contract for construction or substantial rehabilitation, such clause or clauses as are required by the Government for compliance with the regulations issued by the Environmental Protection Agency pursuant .to the Clean Air Act, as amended, the Federal Dater Pollution Control Act, as amended, and Executive Order 11738. The PHA shall cooperate with the Government in the conducting of compliance reviews pursuant to said Acts and Regulations. 2.10. LABOR STANDARDS. The PHA shall incorporate or cause to be incorporated into any contract for construction or substantial rehabilitation of nine or more dwelling units, such Claus or clauses as are required by the Government for compliance with its regulations issued pursuant to the Copeland Act, the Davis -Bacon Act, and the Contract York Hours and. Safety Standards Act. The PHA shall cooperate with the Government in the Conducting of compliance reviews pursuant to said Acts and Regulations. i 2.11. ESTI1?RTES OF REQUIRED ANNUAL CONTRIBUTION. The PHA shall from time.to time submit to the Government estimates of recuired annual contribution at such times and in such form as the Government may require. All estimates and any revisions thereof submitted under this Section shall be subject to Government approval. 2.12. INSURANCE AND FIDELITY BOND COVERAGE. For purposes of protection against hazards arising out of or in connection rzth the administrative activities of the PHA in carrying out the Project, the PHA shall carry adequate (a) comprehensive general liability insurance, (b) r:orkmen's com- pensation coverage (statutory or voluntary), (c) automobile liability insurance against property damage and bodily injury (owned and non -owned), and (d) fidelity bond coverage of its officers, agents, or employees handling cash or authorized to sign checks or certify vouchers. 2.13. BOOKS OF ACCOUNT AND RECOPM; REPORTS. (a) The PHA shall maintain complete and accurate books of account and records, as may be prescribed from time to time by the Govern-:ent•, in connection .:i h the Projects, including records which permit a speedy and effective audit, and will l;v11-52520 C la„r 6 of 10 Pa6es among other thinks fully disclose the amount ane. the eisposition by the PHA of the Annual Contributions and other Project Receipts, if any. (b) The books of account and records of the PlIA shall be maintained for each Project as separate and distinct from all other Projects and undcrtakin;;s of the PITA except as authorized or approved by the Government. (c) The PHA shall furnish the Government such financial, operating, and statistical rePorLs, records, statements, and documents, at such times, in such form, an:. accompanied by such supporting data, all as may reasonably be required from time to time by the Government. (d) The Government and the Controller General of the United States, or his duly authorized representatives, shall have full and free access to the Projects and to all the books, documents, papers, and records of the PITA that are pertinent to its operations with respect to financial assistance under the Act, including the right to audit, and to make excerpts and transcripts from such book$ and records. N (e) The PHA shall incorporate or cause to be incorporated in all Contracts the following clauses: ".PHA AND GOVERMMENT ACCESS TO PREMISES AND OWNER'S RECORDS. "(1) The Owner shall furnish such information and reports pertinent to the Contract as reasonably may be required from time to time by the PHA, and the Government. "(2) The Owner shall permit the PHA or the Government oi• any of their duly authorized representatives to have access to the premises, and, for the purpose of.auctit and examination, to have access to any books, documents, papers, and records of the Owner that are pertinent to compliance with' this Contract, including the verification of information pertin,:-.::t to the housing assistance payments.” (f) The PHA shall be responsible for engaging and paying the auditor for the . making of audits as required by the Government, but the PHA shall be com—. pensated under this ACC for the cost of such audits. 2.14. DEPOSITARY AGREEMENT. (a) (1) The PHA shall maintain one or more agreements, which aie herein collectively called the "General Depositary Agreement," with a bank(s) selected as a depositary by the PHA. (2) The PHA may maintain one or more agreements, which are herein collectively called the "Sayings Depositary Agreement," with a savings and loan insti— tution(s) or credit union(s) selected as a depositary by the PITA for the investment of excess funds. (3) All, such General Depositary Agreements and Savings Depositary Agreements are herein collectively called the "Depositary Agreement." All such banks, savings and loan institutions, and credit unions arelurein collectively called the "Depositary." (4) The Depositary Agreement shall be in the form prescribed by the Government for the particular type of Depositary. The Depositary shall be, and continue to be, a member of the Federal Deposit Insurance Corporation, the Federal Savings and Loan Insurance Corporation, or the National Credit Union Share Insurance Fund, as the casc may be. (5) Immediately upon the execution of any Depositary Agreement, the I'1'.A shrill furnish to the Government such executed or conformed copies thereof as Government ray require. (6) No such Depositary Agreement shall be terminated except after 30 Bays notice to the Government. lll'iL Vii. ^0 C P.<< i of 10 rages (b) The TRA shall deposit promptly with such Depositary, under the tern of the Depositary Agreement, all monies received pursuant to this ACC. (c) The PHA nay withdraw monies pursuant to the Depositary Agreem":,t only for (1) payments pursuant to the Housing Assistance Payc:.nts Contract, ::rid (2) other purposes specifically approved by the Government. ::o withdrnials &Nall be made except in accordance with a voucher or vouchers th.n on filo in the office of the PITA stating in proper detail the purpose for which such with- drawal is made. (d) If the Government makes a determination, after notice to the PHA giving it a reasonable opportunity to take corrective action, that the FHA is in Substan- tial Default or if the Government determines that the YHA has made a fraculerrt or willfhl misrepresentation of any material fact in any of the docotaents or data submitted to the Government pursuant to this ACC or in any document or data submitted to the Government as a basis for this ACC or as an inducement to the Government to enter into this ACC, the Government shall have the right to (1) give notice of such determination to Depositary which holds any monies pursuant to the Depositary Agreement and (2) require such Depositary, on the basis of such notice, to refuse to permit any withdrawals of such monigs; Provided, how- ever, that upon the curing of such Default the Government shall promptly rescind such notice and requirement. 2.15. 'POOLING OF FUNDS UNDER SPECIAL CONDITIONS AND REVOLVING FUND. .(a) The PHA may deposit under the terms of the General Depositary Agreenent monies received or held by the PHA in connection with any other ACC'or any administratio contract or lease between the PHA and the Goverr�ment. (b) The PHA may also deposit under the terms of the General Depositary Agreement amounts necessary for current expenditures of any other project or enterprise of the.PHA, including any project or enterprise in which the Government has uo finart interest; Provided, however, that such deposits shall be lump -sum transfers fro -.1 the depositaries of such other projects or enterprises, and shall in no event be deposits of the direct revenues or receipts of such other projects or enterprises (c) If the PHA operates other projects or enterprises in which the Government has no financial interest, it may, from time to time, withdraw such amounts as the Governmerit may approve from monies on deposit under the General Depositary Agree- ment for deposit in and disbursement from a revolving fund provided for the pay- -ment of items chargeable in part to'the Projects and in part to other projects or enterprises of the PHA; Provided, however, that all deposits in such revolving fund shall be lump -sum transfers from the depositaries of the related projects cr enterprises and sball in no event be deposits of the direct revenues or receipts. (d) The P11A may establish petty cash or change funds in reasonable amounts,.fran monies on deposit under the General Depositary Agreement. (e) In no event shall the P11A withdraw from any of the funds or accounts authorized under this Section 2.15 amounts for the Projects or for any other project or enterprise in excess of the amount then on deposit in respect thereto. y 2.16. DEFAULTS BY PHA AtiD/OR 0:•II�ER. (a) Rights of. Owner if PHA Defaults Under Agreement or Contract. (The provisions of this paragraph (a) shall not apply to any Existing housing Project.). (1) In the event of failure of the PHA to comply with the Agreement with the O»nes or if such Agreement is held to be void, voidable or ultra vires, or if the power or right of the PHA to enter into such Agrcoment is drat.:, into r;uestior. in any legal proceeding, or if the PHA asserts or cl:.i:::s that such A,,rrc- _ent is not binding upon the PHA for any such reason, the Covcrnment tray, after notice to the PHA giving it a reasonable opportunity to.takc corrective .actio determine that the occurence of any such event- con;:titutes a Sum t:,,tia' D:u:r hereunder. Where the Government so determines, it may aSsume the ''BA's ri;;17! and obligations under such AV-reemcnt and carry out the oblig::tions of 01. under the Agrecment, including the obligation to enter into the Contrect. 114;e of this Section 2.15 is optional. ...�sl��Yrtilaac+assi;..,cuk;.a:i_, ,.�,..,..._ ... .+r,:: r,x�..., .. tai :r __:_ ., .. _. x1 z•�_ .. _s ._ v _ "r,�c;.d3i !UD=SLS2u , of `10 Pages J (2) In the event of fxiluru of tick- PHA to co' -ply with the Contract t:Iti, thr• V.:. or if such Contract Is held to be void, voi.dahle or ultra vin's, or if the - power or right of the PHA to enter into such Contract is drawn into qu.^.i;Li.,;': In any Iegal proceoJin;;, or if tile, 1i!-, asserts or clainn. tl:nt ::itch Contr.ect not binling upon the PBA for any such reason, the Go•:ern::! nL UIv, nfLer Doti: to the fila giving it a reasonabl.e opportunity to take corrective acL.ion, determine that the occurrence of any such event constitutes a Suh:;tautial Default hereunder. Whore tile- Gove:-;1.7wnt. so determines, it shall h:w u the right to assume the PlW s rights and obligations under such Contract, perfor,' the obligations and enforce the rights of the• 1'11.'., and exercise such other powers, as the Government way have to cure the Default; however whet::ar or no: the Govertunent elects to proceed in this manner, the Govern:•:ont shall, if it determines that the Owner is not in default, continue for the duration of such Contract to pay Annual Contributions for the purpose of making housing assistance payments with respect to dwelling units under such Contract. (3) All rights and obligations of. the PHA assumed by the Government pursuant to this Section 2.16 (a) will be returned as constituted at the tiYae of such return- (i) when the -government is satisfied that all defaults hive' been cured and that the Project will thereafter be administered in accordance with all applicable requirements, or (ii) when the Housing Assistance Payments Contract is.at an end, whichever occurs sooner. (4) The provisions of this Section 2.16(x) are made with, and for the benefit of, the Owner, the PHA (where it is the lender and then only in its capacity as lender), or the Owner's other assignees, if any, who will have been specified' approved by the Government prior to such assignment. If such parties are not in default, they may, in.order to enforce the performance of these provisions. (i) demand that the Government-, after notice to the Plta giving it a reasonabl;. opportunity to take cor.retive action, make a -determination whether a Substan- tial Default exists.under paragraph (a) (1) or (a) (2) of this Section, (ii) if the Government- deter,ines that a Substantial -Default exists, demand that the Government take the action authorized in paragraph (a) (1) or (a) (2) and (iii) proceed as against the Government by suit- at law or in equity. (5) The provisions of paragraphs (a) (1), (3), and (4) of this Section shall be included in the Agreement and the provisions of paragraphs•(a) (2), (3), and (4) of this Section shall be included in the Contract. (b) Ri¢hts of Government if PHA Defaults Under ACC Agreement or Contract. (1) If the P11A defaults in the observance or performance of the provisions of Section 2.4; fails to comply with its obligations.urder any duly issued Certificate of Family Participation in accordance with its terms; fails to comply with the requirements of Section 2.5, 2.6, 2.7, or 2.5; defaults in performance or observance of any other term, covenant, or -condition of this ACC or of any term, covenant, or condition of any Contract or Agreen nt;. fails, in the event of any default by the Owner, to enforce its rights under the Agreement or Contract by way of action to achieve compliance to the satisfaction of the Government or to terminate the Agee:acne or Contract in whole or in part, as directed by the Government; or fails to comply with the applicable provisions of the Act and the regulations issued pursuant thereto; the Government may, after notice to the PHA giving it a reasonable opportunit,. to take corrective action, determine that the occurrene'e of any such event constitutes a Substantial Default hereunder as to the Project. Upon the occurrence of a Substantial Default with respect to any Project, the P11A sha.l`. if the Government so requires, assign to the Government all of its rights and interests under the Agreement or Contract, including any funds, and the Government shall continue to pay Annual Contributions with respect to dwellir• units covered by Housing Assistance Payments Contracts in accordance with t-1jc terms of this ACC and of such Contracts until reassigned to the PLA. (2) All rights and obligations of the P11A assumed by the Government pursuant to this Section 2.16 (b) will be returned as constituted at the time of such return (i) when the Government is satisfied that all defaults l:r:ve barn cu'e= and that the Project will thereafter be aduinistered in accordance with all applicable requirements, or (ii.) wlicn the Housing Asn-Jstance Paynents Contract Is at an end, whicitevtor occurs sooner. (c) Rights of PRA and Go-Oernr..ent: If O»nor Defaults l.'nder Contract. (Kew Ganstrrcric and Substantial Rehabilitation Project's.) 111111—"520 C r 9 of 10 ra-ea For Net *Construction and Slibsinntial Rehabilitation projects, the Contract shall contain the following provisions: "a. A default by the Owner under this Contract shall result if: "(]) The Owner has violated or failed to comply with any provision of. or obligation under, this Contract or of any Leaee; or 11(2) The Owner has asserted or demonstrated an intention not to perform some or all of his obligations under this Contract or under any Lease. "b. Upon a determination by the PHA that a default has occurred, the PHA shall notify the Owner, with a copy to the Government, of (1) the nature of the default, (2) the actions required to be taken and the remedies to be applied on account of the default (including actions by the (h -mer to cure the default,and, where appropriate, abatement of housing assistance payments in whole or in part and recovery of overpayments), and (3) the time within which the D ner shall respond with a showing that he has taken all the actions required of him. If the Owner fails to respond or take action to the satisfaction of the -PHA and the Government, the PHA shall have the right to terminate this Contract in whole or in part or to take other corrective action to achieve compliance, in its discretion or as directed.by the Government. "c. (The provisions of this paragraph c shall apply only if the PFA is the Lender.) Notwithstanding any other provisions of this Contract, in the event the Government determines that the Owner is in default of his ob- ligations under the Contract, the Government shall have the right, after notice to the Owner and the PHA giving them a reasonable opportunity to take corrective action, to abate or terminate housing assistance payments and recover overpayments in accordance with the terms of the Contract. In the event the Government takes any action under this Section, the Owner and'the PHA hereby expressly agree to recognize the rights of the Government to the same extent as if the action were taken by the PHA. The Government shall not have the right to terminate the Contract except by proceeding in accordance with Section 2.16 (b) of the ACC and paragraph b of this Section." (d) Rights of PHA if Owner Defaults Under Contract (Existing Housing Projects For -Existing Housing Projects, the Contract shall contain the following provisions: "a. A default by the Owner under this Contract shall result if: "(1) The Owner has violated or failed to comply with any provision.of, or obligation under, this Contract or of any Lease; or "(2) The Owner has asserted or demonstrated an intention not to perform some or all of his obligations under this Contract or under any Lease. "b. Upon a determination by the PHA that a default has occurred, the PRk shall notify the O:ner, with a copy to the Government, of (1) the nature of the default, (2) the actions required to be -taken and the remedies to be applied on account of the default (including acti$ns by the Cromer to cure the default, and, where appropriate, abatement of housing assistance payments in whole or in part and recovery of overpayments), and (3) the time within which the Owner shall respond with a showing that he has taken all the actions required of him. If the O:-ner fails to respond or take action to the satisfaction of the PHA and the Government, the PHA shall have the right to terminate this Contract in whole or in part or to t other corrective action to achieve compliance, in its discretion or as directed by the Government. 2.17. RUIEDIES NOT EY.CLUSIVF. AND NON-l:'AIVER OF Rl,?.!EDIES. The availability of any remedy provided for in this ACC or in the Centrad sh-111 not preclude the exercise of any other remedy under this: ACC or the Contra^: Cr under any provisions of law, nor shall any action taken in the exercise of ar.;r r('::%,vv be dCC::: J:} a ::alvCZ` of arY 011'.CI• r ,-..}I::. Q:• 7•C•-:li^:: �- +•. '.:+ :. SCl\' ri (,}it O;` rC'^.�^' .^i::1l1 7iJt C:-..,._:. i:'. + S::^.ivC: Jf• t:._ I'li l:i l^ CN C+i.':e t::•.: or ally other riL:ht or ro.mcHv at ark: ti!.r. (a) Neither the Pi'A nor a:,: of its contractors or their enter into any contract, sulozont;•a Jt, Or as^.:`1•a::C.e'1't, in C,—...n "G1on1 ally Project, in .:hieh any mc:-..ber, officer, or e:::plovee of th,: .. :, O;` mCmber of the f,C:•Crnil: bad,' of t}ie lO::ali :;: .:I -which the P; , oct, 1:: Si tLlat Cd, Or all;.' I:.C.^..ifCl' Of tl:e e01'CI`nil'.�; Z:Ody'Of the. 1CCali:;i 111 was activated, Or any other public official Of such locality oI` IOJ:!.itiC3 :':ho exercises any responsibilitie s Or functions with res;:ect to t1:e during his tenure or for one ;;car thereafter, has an*, interest, direct or indirect. If rry such present or former r..e +er, officer, or c:rplorce of the PWS, or 'an z:uoh governin; boJ j..=ber or such other public Opp lci:ll of such locality or localities involuntarily acquires or had acquired prior to the beginning of his tenure any such interest, and if such interest is i::_ c:eiatcly disclosed to the PHA and such disclosure is enter od upon the r::lnutes of +}.e NA, the PHA, r.ith the prior approval of the Government, may waive Phe prohibition contained in this subsection; Provided, ho—ever, that any such _D2•esent I:e:.^.:mer, officer, or er..ployee of the PiM shall not participate in any action by the PHA relating to such contract, subcontract, or arrangement. (b) The PHA shall insert in all contracts entered into in connection with any Project or any property included or planned to be included in a:rr Project, and shall require its contractors to insert in each of its subcontracts, the folloing previsions: "No member, officer, or, employee of the PF -A, no member or' the governing body of the locality (city and county) in which the project is situated, no I::cr..ber of the governirti body of the locality in which the PHL'S I. activated and no other public official of such locality or localities who exercizcs ori functions or responsibilities with respect to the project, d:rH:: his tenure or for one year thereafter; shall have any interest, direct or indirect, in this contract or any proceeds or benefits arising therefrom." (c) The provi-niens of 'the foregoing subsections (a) and (b) of this Section 2.18 shall not Le applicable to the Depositary Agreement, or utility service the rates for r:hich are fixed or controlled by a governmental agency. - }:o nce::,bcr or ^r etir;a:e to the COnE:rcas of the L`.-litcd States of E.'nrica or rcuident co:rr.:i:.�ic.: -••-_- to 3c:! RESOLUTION NO. 77-196 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO CERTIFY AND AMENDMENT TO A CONTRACT BETWEEN'THE CITY OF IOWA CITY AND THE UNIVERSITY OF IOWA CONCERNING SEWER SERVICES PROVIDED TO THE UNIVERSITY OF IOWA. WHEREAS, the City of Iowa City and the University of Iowa have an existing contract concerning sewer services provided to the University and the amount of consideration paid by the University to the City, and WHEREAS, it is mutually agreed among and between the City and the University of Iowa that the existing contract be amended to reflect present practices and costs, and WHEREAS, the City staff has negotiated an amendment to the contract, a copy of which is attached to this resolution and by this reference made a part hereof. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Iowa City, that the Mayor be authorized to execute and City Clerk to certify the attached amendment to the contract between the City and the University of Iowa. It was moved by Selzer and seconded by deProsse that the Resolution as read be accepted, and upon roll call there were: AYES: NAYS: ABSENT: _ x Balmer X deProsse X Foster X Neuhauser X Perret X Selzer x Vevera Passed and approved this 14th day of June , 1977 . ATTEST: aLL—, CITY CLERK MAYOR PRO TEM 39b MODIFICATION NO. 1 TO CONTRACT FOR JOINT CONSTRUCTION AND USE OF SE14ER FACILITIES BY CITY OF IOWA CITY AND STATE UNIVERSITY OF I014A This Modification No. 1 to Contract for Joint Construction and Use of Sewer Facilities by City of Iowa City and State University of Iowa, dated March 11, 1966, (hereinafter called CONTRACT) is entered into this llla� day of , 1977, by and between the Iowa State Board of Regents for the use and benefit of the State University of Iowa, hereinafter referred to as the "UNIVERSITY", and the City of Iowa City, Iowa, hereinafter referred to as the "CITY." WHEREAS, the University and the City have previously joined in the construction of a sewage disposal plant, a southwest interceptor sewer and a sewage lift station, and have executed a CONTRACT for the use of the same and connection thereto of the sewers of the University and an easement for the location of said lift station, and said CONTRACT is now in force and effect; a copy of which is attached hereto; and WHEREAS, said CONTRACT dated March 11, 1966 had merged into it an Agreement dated March 13, 1964, entitled "Agreement Concerning -Collection and Treatment of Sewage" which provided that the City will charge the University a sewer service fee based on a percentage of the established City water rates for the quantity of water used; and WHEREAS, City Ordinance No. 75-2774 includes a provision which became effective on August 1, 1976, changing the basis of determining sewer service fee from a percentage of established water rates to a flat rate for the quantity of water consumed, that rate being 27p per hundred cubic feet of water used. NOW, THEREFORE, the parties hereto agree as follows: 397 - 2 - 1. That the Agreement dated March 13, 1964, entitled "Agreement Concerning Collection and Treatment of Sewage" is cancelled in its entirety and is replaced by the terms of this Modification No. 1 to CONTRACT. 2. That the term of this Modification shall be for a period of seven (7) years beginning August 1, 1976, and ending July 31, 1983. Upon 180 days written notice prior to the expiration date either party may _ indicate its desire to renegotiate the terms of this Modification. The terms of this Modification will continue until there is an agreement by both parties as to the revised contract terms. 3. The City will charge and the University will pay the same rate for collection and treatment of sewage as the rate charged to any other customer for standard domestic sewage. It is in the intent of this Modification that all costs of the City system for the collection and treatment of sewage, operating, maintenance and capital costs, will be paid for by all users, including the University, at a pro rata share based upon water consumption. In computing the charge to the University, the water flow will be determined by: a) actual water meter readings for University -owned buildings supplied by City water, and b) the total amount of water meter readings at University -owned buildings supplied/by University water. In lieu of water consumption, the University may measure actual sewage flows. Actual sewage flows, if used, shall be metered by devices agreed upon by the University and the City. Such devices shall be placed at V locations mutually agreeable. In the event of a failure to agree upon methods and locations of sewage flow metering, water consumption as described above shall be used for calculating charges. 3R9 _ 3 _ 4. Periodically the City will cause rate studies to be undertaken for the system. If there are changes in the rates, the City will give 30 days notice in writing to the University. 5. Capital improvements projects may be required during the term of this Modification for essential improvements in the system for the collection and treatment of sewage. Ordinarily capital costs of those projects will be incorporated into the normal sewage rate structure. In those instances when such improvements are incorporated into the normal sewage rate structure, the University will pay its portion of the capital costs in the rate charged all customers for standard domestic sewage. In those instances when capital improvement costs are funded from sources other than sewage system revenues, the share of those costs to be paid by the University is to be determined by mutual agreement between the parties hereto. In the event of failure to agree, within 4 months of initiation of discussion, upon the share of such capital costs to be paid by the University, either party may request that the amount will be determined by a third party selected by the parties to this Modification. Binding arbitration shall be completed within 2 months after request for i arbitration by either party. 6. That the entire sewage collection system and disposal plant of the City of Iowa City shall be open and available at all times to the UniversiV for use as a sewage disposal study laboratory, that facilities will be provided at the site disposal study laboratory, that facilities Y will be provided at the site of the plant consisting of all physical facilities of the said plant including access by key for all authorized representatives, and at least 2 acres in extent of ground upon which the University shall have a perpetual license to place experimental basins, 377 filters, tanks ante usher such equipment, fixtures __ buildings as may appear suitable or desirable to the Engineering faculty of the University for the furtherance of the study of purification of sewage or its treat- ment by chemical processes or otherwise, and that such license, rights and privileges shall be so exercised by the University as to avoid committing any nuisance or offensive condition unsuited to the locality or neighborhood. 7. In all other respects the Contract for Construction and Use of Sewer Facilities by the City of Iowa City and the State University of Iowa shall remain unaltered and in full force and effect. 8. This Modification shall be effective upon adoption or approval by the City of Iowa City and the State Board of Regents. City of Iowa City, Iowaa BY: ofa tw - atm'^vu Mayor pRo ((/nnT�^'t I ATTEST: (2'( "'- State University of Iowa BY: Al� Busir ss Manag r State Board of Regents m nCEIVED ' APPROVO . 8X THE LEGAL DEPARTMENT O RESOLUTION NO. 77-197 RESOLUTION APPROVING CLASS3t r LIQUOR CONTROL LICENSE APPLiUN BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class B LiquorLiquor Control License application is hereby approve��or the following named person or persons at the following described location: Howard Johnson Co. and McLean Enterprises, Inc. North Dodge Street (New) Said approval shall be subject to any conditions I or re- strictions hereafter imposed by ordinance or State law. The City Clerk shall cause a recommendation for approval to he endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond, sketch of the premises and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by that the Resolution there were: Balmer Selzer and seconded by Balmer as readbe adopted, and upon ro ca AYES: NAYS: K4 deProsse x Foster x Neuhauser Perret x Selzer x Vevera ABSENT: x ►N Passed and approved this 21st day of June 19 77 -//0 'V 1/ RESOLUTION NO. 77-196 JAL OF CLASS B . SUNDAY SALE BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class B Liquor Sunday Sales Permit application is hereby approved or a ollowing named person or persons at the following described location: Howard Johnson Co. and McLean Enterprises, Inc. North Dodge Street (New) Said spt31•oval shall be subject to any conditions or restrictions hereafter imposed by ordinance of state law. The City Clerk shall cause a recommendation for approval to be endoi-odd upon the application and forward the same together with the license fee, bond, and all other information or docu- ments required to the Iowa Beer and Liquor Control Department. It was moved by Selzer and seconded by Balmer that the Resolution as read e a op e , and upon roll call there were: AYES: NAYS: ABSENT: Balmer x deProsse x Foster x Neuhauser x Perret x Selzer x Vevera x Passed this 21st day of June ;,19 77 =1 4 RESOLUTION NO. 77-199 RESOLUTION APPROVING CLASS C LIQUOR CONTROL LICENSE APPLIMIM BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Liquor Control License application is hereby approve�Tor the following named person or persons at the following described location: Keith W. Dempster dba/The Mill Restaurant, 120 E. Burlington Said approval shall be subject to any conditions tor re- strictions hereafter imposed by ordinance or State law. The City Clerk shall cause a recommendation for approval to he endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond, sketch of the premises and all other information or documents required to the Iowa Beer and Liquor Control Department, It was moved by Selzer and seconded by Balmer-- that the Resolution as ree — ad badopted, and upon roll call there were: AYES: NAYS: ABSENT: Balmer x deProsse x Foster x Neuhauser x Perret x Selzer x Vevera x Passed and approved this 21st day of June 19 77 5�'d3 RESOLUTION NO. 77-200 RESOLUTION OF APPROVAL OF CLASS C Liquor LICENSE APPLICATION. SUNDAY SALE BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Liquor Sunday Sales Permit application is hereby approved oar die mellowing named person or persons at the following described location: Keith W. Dempster dba/The Mill Restaurant 120 E. Burlington Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance of state law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with -the license fee, bond, and all other information or docu- ments required to the Iowa Beer and Liquor Control Department. It was moved by Selzer and seconded by Balmer that the Resolution as read e adopted, and upon roll can there were: AYES: NAYS: ABSENT: Balmer x deProsse x Foster x Neuhauser x Perret x Selzer x Vevera x Passed this 21st day of June Is lg 77 yap RESOLUTION NO. 77-201 RESOLUTION APPROVING CLASS C LIQUOR CONTROL LICENSE APPLICA'CY�A BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Liquor Control License application is hereby approved -For the following named person or persons at the following described location: Fraternal Order of Eagles #695, 225 Highway #1 Said approval shall be subject to any conditions I or re- strictions hereafter imposed by ordinance or State law. The City Clerk shall cause a recommendation for approval to he endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond, sketch of the premises and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by Selzer and seconded by Balmer that the Resolution as rea�6e adopted, and upon ro��cal� there were: Passed and approved this 21st day of June , 19 77 -��S AYES: NAYS: ABSENT: Balmer x deProsse x Foster x Neuhauser x Perret x Selzer x Vevera x Passed and approved this 21st day of June , 19 77 -��S RESOLUTION NO. 77-202 RESOLUTION APPROVING CLASS C LIQUOR CONTROL LICENSE APPLTUTTM BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Liquor Control License application is hereby approve�Tor the following named person or persons at the following described location: Aycori Mfg., Inc. dba/Copper Dollar, 211 Iowa Ave. East (renewal) Said approval shall be subject to any conditions I or re- strictions hereafter imposed by ordinance or State law. The City Clerk shall cause a recommendation for approval to he endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond, sketch of the premises and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by Selzer and seconded by Balmer that the Resolution as rete adopted, and upon rolca there were: AYES: NAYS: ABSENT: Balmer x deProsse x Poster x Neuhauser Perret x Selzer x Vevera x r Passed and approved this 21st day of June 1977 11A6 RESOLUTION NO. 77-203 RESOLUTION TO ISSUE DANCING PERMIT BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Dancing Permit as provided by law is hereby granted to the following named person and at the following described locations upon his filing an application, having endorsed thereon the certificates of the proper city officials as to having complied with all regulations and ordinances, and having a valid Class "B" Beer Permit, to wit: Iowa City Aerie of the Fraternal Order of Eagles #695, 225 Highway 1, Southwest It was moved by Selzer. . and seconded by Balmer that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Balmer x deProsse x Foster x Neuhauser x Perret. x Selzer x Vevera x Passed and approved this 21st day of June 197 77 . P 17 RESOLUTION NO. 77-204 ,RESOLUTION TO ISSUE CIGARETTE PERMITS WHEREAS, the following firms and paroons have made application, filed the bond, and paid the mulct tax required by law for the sale of cigarettes and cigarette papers; therefore, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the applications be granted and the cigarette bond now on file in the office of the City Clerk be and the same are hereby approved, and the City Clark be and he in hereby directed to issue a permit to sell cigarette papers and cigarettes to the following named persons and firms: Names and addresses on attached list It was moved by Selzer and seconded by Balmer that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Balmer X deProsse X Foster X Neuhauser X Perret X Selzer X Vevera X 21 Passed this 21st June �� day of 19 ya � N CIGARETTE PERMITS - July 1, 1977 through June 30, 1978 78-32 - Larry's Texaco, Route 2 78-33 - Iowa City Aerie No. 695, Fraternal Order of Eagles 78-34 - Mott's Drug Store, 19 S. Dubuque St. 78-35 - Hilltop D -X Car Wash & Service Center, 1123 N. Dodge 78-36 - Burger Palace, 121 Iowa Ave. 78-37 - Copper Dollar, 211 Iowa`Ave. 78-38 - Hilltop Tavern, 1100 North Dodge St. 78-39 - Ware & McDonald Oil Co., 828 So. Dubuque 78-40 - Riverside Mobil Service, 1031 S. Riverside Dr. 78-41 - Bob & Henry 66, 323 B. Burlington (Central Vendors) 78-42 - The Fox Hole, 1200 S. Gilbert (Central Vendors) 78-43 - Godfather's Pizza, 531 Highway 1 West (Central Vendors) 78-44 - Howard Johnson Motor Lodge, I-80 & N. Dodge (Central Vendors) 78-45 - Jose Taco, 517 S. Riverside Dr. (Central Vendors) 78-46 - Lakeside Manor Apartments, 2401 Highway 6 East (Central Vendors) 78-47 - MayFlower Apartments,_ 1110 N. Dubuque (Central Vendors) 78-48 - The Mill Restaurant, 120 E. Burlington (Central Vendors) 78-49 - Moody B lue, 1200 S. Gilbert Ct. (Central Vendors) 78-50 - Nostalgia, 22 S. Van Buren (Central Vendors) 78-51 - Plamor Lanes, Inc., 1555 1st Ave (Central Vendors) 78-52 - Sambo's Restaurant, 830 Riverside Dr. (Central Vendors) 78-53 - Taco Grande, 331 E. Market St. (Central Vendors) 78-54 - Towncrest Inn Restaurant & Lounge, 1011 Arthur St. (Central Vendors 78-55 - Towncrest Texaco, 2303 Muscatine (Central Vendors) 78-56 - Johnson Coun Post 2581 V.F.W., 1012 C- "ert Ct. (Central Vendors) 78-57 - V.F.W. Post 9, Highway 6 By -Pass (Ce al Vendors) /✓� Ci RESOLUTION NO. 77-205 RESOLUTION APPROVING CLASS C LIQUOR CONTROL LICENSE APPLTMT-A BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Liquor Control License application is hereby approved_Tor the following named person or persons at the following described location: Gabe 'n' Walkers Saloon, 330 East Washington Said approval shall be subject to any conditions I or re- strictions hereafter imposed by ordinance or State law. The City Clerk shall cause a recommendation for approval to he endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond, sketch of the premises and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by Selzer and seconded by Balmer that the Resolution as re�a be adopted, and upon ro3T—carr there were: Balmer deProsse Foster Neuhauser Perret '.-lzer Vevera AYES: NAYS: ..4 Passed and approved this 21st day of ABSENT: x x June 19 77 'i4/O RESOLUTION NO. 77-206 RESOLUTION AUTHORIZING CITY CLERK TO PUBLISIi NOTICE OF PUBLIC HEARING ON THE EXCAVATION ORDINANCE FOR THE CITY OF IOWA CITY. WIM;EAS, it neomequdVed:by has been determined that a public hearing should be set on the proposed Excavation Ordinance, and that the City publish notice of said public hearing, NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the City Clerk is authorized to publish notice of of a public hearing to be held on June 28, 1977 at 7:30 P.M. in the Council Chambers on the proposed Excavation Ordinance. It was moved by Selzer and seconded by Balmer that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Balmer X deProsse X Foster _ x Neuhauser X Perret X Selzer X Vevera Passed and approved this 21st day of June , 19 77 ATTEST: Received & App o mayor tem City Clerk Bye J¢, Leg 068- � M�r7' y / �( ( ( / RESOLUTION NO. 77-207 RESOLUTION SETTING PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE JEFFERSON/MARKET SIGNALIZATION PROJECT, FAUS NO. M-4030, (l)--81-52 IN THE CITY OF IOWA CITY. IOWA DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECT- ING CITY ENGINEER TO PLACE SAID PLANS, ETC., ON FILE FOR PUBLIC INSPECTION. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That a public hearing on the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project is to be held on the 28thday of June , 1977 , at 7:30 P.M. in the Council Chambers, Civic Center, Iowa City, Iowa. 2. That the City Clerk is hereby authorized and directed to publish notice of the public hearing for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the city, not less than four (4) nor more than twenty (20) days before said hearing. 3. That the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project are hereby ordered placed on file by the City Engineer in the office of the City Clerk for public inspection. It was moved by Selzer and seconded by Balmer that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x deProsse x Foster x Neuhauser x Ferret x Selzer x Vevera Passed and approved this 21st day of June l . &4�e i to & Mayor Pro tem ATTEST: City Clerk Received & Approved By h legal py �nnt 19 77 RESOLUTION N0. 77-208 RESOLUTION ACCEPTING THE WORK FOR WEST PARK LIFT STATION WHEREAS, the Engineering Department has recommended that the im- provement covering the West Park Lift Station as included in a contract between the City of Iowa City and Jim Schroeder Const. Inc. of Bellvue. Iowa A&Zed total cost, $44,750.00. , be accepted, AND WHEREAS, the Council finds the improvement is in place and does comply with the requirements for such improvements, AND WHEREAS, maintenance bonds have been filed, NOW THEREFORE, BE IT RESOLVED by the City Council of Iowa City, Iowa, that said improvements be hereby accepted by the City of Iowa City, Iowa. It was moved by Selzer and seconded by Balmer that the resolution as read be a opt , and upon roll call ere were: AYES: NAYS: ABSENT: Balmer x deProsse x Foster x Neuhauser x Ferret x Selzer x Vevera x Passed and approved this 21st day of June , 19 77. Mayor Pro tem ATTEST: City Clerk Received & Approved Bleg ep rtm3rif ( -71 u RESOLUTION NO. 77-209 A RESOLUTION REPEALING RESOLUTION NO. 73-17 WHICH ESTABLISHED A TAPPING FEE FOR ARBOR DRIVE RELIEF SEWER. WHEREAS, the City Council on January 16, 1973, adopted a resolution establishing a tapping fee for the Arbor Drive relief sewer, and WHEREAS, the purpose of said resolution was to provide for a method of financing the construction of a relief sewer to service the watershed lying north of the intersection of Scott Blvd. and Court Street, and lying north of the intersection of Friendship Street and Court Street in Iowa City, Iowa, and WHEREAS, the City Engineer has reccmrended that the above method be abandoned and that the area be serviced by the Friendship Street sewer until capacity at which point any private developer provide the new sewer or cease development. NOW, THEREFORE, BE IT SO RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that Resolution No. 73-17 be rescinded and be null and void. It was moved by Balmer and seconded by Foster that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: x Balmer x deProsse x Foster x Neuhauser x Perret x Selzer x vevera Passed and approved this 21st day of June 1977. C� U.ChPN4-1-� Mayor Pro tem ATTEST: . City Clerk 44 RECEIVED & APPROVED BY THE LEGAL DEPARTMENT aM'•�I RESOLUTION N0. 77-210 RESOLUTION ACCEPTING PRELIMINARY PLAT' RESUBDIVISION OF A PORTION OF LOT 30, CONWAY'S SUBDIVISION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the approval of the preliminary plat for the resubdivision of a portion of Lot 30. Conwav's Subdivision located west of Prairie du Chien gna �,,i south of St. Ann's Drive be granted with the following conditions: 1. A variance allowing streets to be constructed at a width of 25' instead of 28' It was moved by Foster and seconded by Selzer that the resolution as read be adopted and upon roll call there were: AYES: NAYS: ABSENT: x BALMER x DEPROSSE x FOSTER x NEUHAUSER x PERRET x SELZER x VEVERA Passed and approved this 21st day of June , 1977.pmw�-- MAYOR P/P 0 TFAI ATTEST: Received & Approved CITY CLERK Ry The Legal Department A&`- RESOLifPION NO. 7 7 - 211 RESOLUTION AOCEPTING SANITARY SEWER IMPROVEMENTS WHEREAS, the Engineering Department has certified that the following improvements have been oompleted in accordance with plans and specifications of the City of Iowa City, Sanitary Sewer Improvements in the following areas: a. Westwinds Subdivision (except lines 7-7A and 10B2 -10B3), b. Westwinds Drive Extension Sewer, c. Hawkeye Heights Subdivision, d. Scott Boulevard San. Sewer Extension. AND WHEREAS, Maintenance Bonds for Knowing Brothers are on file in the City Cler'k's Office, Contracting Co., Coralville NOW THEREFORE BE IT RESOLVED by the City Council of Iowa City, Iowa, that said inprovements be accepted by the City of Iowa City. It was moved by Balmer and seoonded by Foster that the Resolution as read be accepted, and upon roll call there were: AYES: NAYS: ABSENT: Balmer X deProsse X Foster X Neuhauser X Ferret X Selzer X Vevera X Passed and approved this 21st day of June 1977 0,* -4 U)� Mayor Pro tem ATTEST: City Clerk R(e�ce�ived & Approved AC RESOLUTION NO. 77-212 RESOLUTION AUTHORIZING CITY CLERK TO PUBLISH NOTICE OF READVERTISEMENT FOR BIDS ON THE COLLEGE/DUBUQUE MALL STORM/SANITARY SEWER PROJECT. WHEREAS, it iXKAXKffJdXAkM has been determined that it will be necessary to re -advertise for bids on the College/Dubuque Mall, Storm £, Sanitary Sewer as no bids were received at the June 15, 1977 opening, that the City publish notice of readvertisement for bids on the above-named project to be due July 6 1977 at 10:00 A.M., and to be acted upon at the regularly scheduled Council meeting of July 12, 1977 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the City Clerk is authorized to publish notice of bids to be received July 6, 1977 at 10:00 A.M. on the College/Dubuque Mall Storm $ Sanitary Sewei Project, to be acted upon by Council at their meeting of July 12, 1977. It was mowed by Balmer and seconded by Foster that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x deProsse x Foster x Neuhauser x Ferret x Selzer x Vevera Passed and approved this 21st day of i June . 1977 Received $ q or Flo tem prove Bjcw:,Tbe Legal men 11/-7 RESOLUTION NO. 77-213 RESOLUTION ESTABLISHING JUST COMPENSATION FOR CDBG LAND ACQUISITION AT HICKORY HILL PARK 1'.91EREAS, the City of Iowa City, Iowa, hereinafter referred to as the City, did on March 2, 1976, pass Resolution No. 76-65 authorizing the filing of a Community Development Block Grant (CDBG) application for federal assistance available through the Housing and Community Development Act of 1974, in which the acquisition of a Hickory Hill Park addition was a specified activity; and, WHEREAS, the City did on March 8, 1977, pass Resolution No: 77-73 approving the General Budget for 1977 which included as part of the Capital Improvements Program the expansion of Hickory Hill Park with use of Community Development Block Grant funds; and, WHEREAS, the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, applying to CDBG activities, requires the governing body of the local agency to establish an amount it believes to be just compensation for any real property acquisition; and, WHEREAS, said "just compensation" shall be the City's review appraiser's deter- mination of the fair market value of the property, or an amount no less than said appraiser's determination of fair market value of the property; and, WHEREAS, the Council has reviewed the information on which the fair market value was established; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA; 1. That the price of $ 79,500 is hereby declared to be Just Compensation for the purpose of real property acquisition of a parcel beginning at the northwest corner of the Southwest 1/4, of the Northeast 1/4, of Section 11, Township 79 North, Range 6 West of the Fifth Principal Meridian, Iowa City, Johnson County, Iowa; thence S 89°571W, 325.00 feet; thence N 880461W, "206.10 feet; thence S 150171E, 521.90 feet; thence S 290111W, 190.00 feet; thence S 82°30' E, 76.10 £eet; thence S 00461W, 58.60 feet; thence S 0043114, 117.08 feet; thence S 18°251E, 213.50 feet; thence -N 82°18111, 70.50 feet; thence N,2°02'W, 24.97 feet; thence S 890141W, 122.79 feet; thence N 2°531E, 289.58 feet; thence N 88°49114, 488.81 feet; thence N 00321E, 883.87 feet along the west line of the said Southwest 1/4, of the Northeast 1/4 of the said Section 11, to the point of beginning, containing an area of 13.804 acres, more or less, including all interests therein. 2. That the staff of the City is. hereby authorized and directed to begin negotia- tions for the purchase of said property and to provide relocation assistance as necessary. 3. That the City Manager, acting as Executive Officer for all Housing and Community Development Block Grant Programs, is hereby authorized to negotiate for the purchase of said property. Res. No. 77-213 It was moved by Perret and seconded by Selzer that the Resolution as read be adopted and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x deProsse x Foster x Neuhauser x Perret x Selzer x Vevera Passed and approved this 21st day of June ATTEST• City Clerk -Orut��) w - CG Mayor Pro Tem RECEIVED & APPROVED RX 57IE LEGAL DEPARTMEiTT 1=77. RESOLUTION NO. 77-214 RESOLUTION AUTHORIZING LABOR CONTRACT BETWEEN THE CITY OF IOWA CITY, IOWA, AND THE IOWA CITY ASSOCIATION OF PROFESSIONAL FIRE FIQPTERS, IAF', AFL-CIO, LOCAL #610, TO BE EFFECTIVE JULY 1, 1977, THROUGH JUNE 30, 1978. WHEREAS, the City of Iowa City, Iowa, (hereinafter the City) and the Iowa City Association of Professional Fire Fighters, IAFF, AFL-CIO, Local #610 (hereinafter the Union), through their designated bargaining representatives, have negotiated all the provisions of a tentative collective bargaining agree- ment to be effective July 1, 1977, through June 30, 1978, except for a provision concerning wages, and WHEREAS, the arbitrator chosen by the parties, Mr. William Petrie, has deter- mined after hearing that fire fighters, lieutenants and captains in the Union should be granted an 8% wage increase, and WHEREAS, the award of the arbitrator is reflected in the terms of Article XXVII of a labor contract between the City and the Union, which contract is attached to this resolution as Exhibit A, and by this reference made a part hereof, and WHEREAS, the City desires to approve this labor contract, finding that it will promote efficient fire operations, thereby protecting the safety and welfare of the citizens of Iowa City. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the above referenced agreement between the City and the Union is hereby approved by the City. 2. The Mayor is hereby authorized to sign, and the City Clerk to attest, this Agreement. It was moved by Foster and seconded by Perret that the Resolution as read be adopted, and upon roll call there were: i AYES: NAYS: ABSENT: —X Balmer X deProsse x Foster x Neuhauser x Perret x Selzer x Vevera Passed and approved this 21st day of June 1977. 0 W. ' P Mayor Pro Tem ATTEST: City Cler RECriVED & in.,. BY TILE LEGAL DEPA4T1AENT F'H6 4�V /do . 11-e CONTRACT BETWEEN CITY OF IOWA CITY, IOWA AND IOWA CITY ASSOCIATION OF PROFESSIONAL FIRE FIGHTERS IAFF, AFL-CIO, LOCAL #610 JULY 1, 1977 to JUNE 30, 1978 y�.i TABLE OF CONTENTS y-2-7 PAGE PREAMBLE . . . . . . . . . . . . . . . . . . . . . . . . . 1 ARTICLE I RECOGNITION . . . . . . . . . . . . . . . . . . . . 2 II MANAGEMENT RIGHTS . . . . . . . . . . . . . . . . . 2 III NO STRIKE -NO LOCKOUT . . . . . . . . . . . . . . . 3 IV DUES CHECKOFF . . . . . . . . . . . . . . . . . . . 3 V HOURS OF WORK . . . . . . . . . . . . . . . . . . . 4 VI OVERTIME . . . . . . . . . . . . . . . . . . . . . 5 VII SPECIAL LEAVES . . . . . . . . . . . . . . . . . . 5 VIII HOLIDAYS . . . . . . . . . . . . . . . . . . . . . 8 IX SICK LEAVE . . . . . . . . . . . . . . . . . . . . 8 X VACATIONS . . . . . . . . . . . . . . . . . . . . . 9 XI UNION ACTIVITIES . . . . . . . . . . . . . . . . . 10 XII UNIFORMS AND EQUIPMENT . . . . . . . . . . . . . . 11 XIII INSURANCE . . . . . . . . . . . . . . . . . . . . . 11 XIV DUTY OUTSIDE IOWA CITY . . . . . . . . . . . . . . 11 XV TRAINING PROGRAMS . . . . . . . . . . . . . . . . . 12 XVI BULLENTIN BOARDS . . . . . . . . . . . . . . . . . 12 XVII PERSONNEL TRANSACTIONS . . . . . . . . . . . . . . 12 XVIII DISCIPLINE . . . . . . . . . . . . . . . . . . . . 13 XIX TRANSFER PROCEDURES . . . . . . . . . . . . . . . . 13 XX SUPPLEMENTAL EMPLOYMENT . . . . . . . . . . . . . . 13 XXI SAFETY . . . . . . . . . . . . . . . . . . . . . . 14 XXII GRIEVANCE PROCEDURE . . . . . . . . . . . . . . . . 14 XXIII GENERAL CONDITIONS . . . . . . . . . . . . . . . . 17 XXIV WAIVER . . . . . . . . . . . . . . . . . . . . . . 17 XXV SAVINGS CLAUSE . . . . . . . . . . . . . . . . . . 18 XXVI DURATION . . . . . . . . . . . . . . . . . . . . . 18 XXVII PAY PLAN . . . . . . . . . . . . . . . . . . . . . 18 y-2-7 19M:1uI1gA This Contract is entered into by the City of Iowa City, Iowa, referred to as the "City" and the Iowa City Association of Professional Fire Fighters, I.A.F.F. AFL/CIO, Local 610, referred to as the "Union", for the purpose of promoting harmonious and cooperative collective bargaining between the parties. The parties agree to the following specific provisions: q7'� ARTICLE I RECOGNITION The City recognizes the Iowa City Association of Professional Fire Fighters, I.A.F.F. AFL/CIO, Local 610, as the exclusive bargaining agent for all permanent City of Iowa City Fire Fighters, Lieutenants, and Captains and excluding the Fire Chief, Battalion Chiefs, Training Officer, Fire Marshall, and all those excluded by Section 4 of Chapter 20 of the Code of Iowa. This representation is based on a Decision and Order promulgated by the Iowa Public Employment Relations Board on December 16, 1975. This Contract is not intended to bind either party with respect to future unit determinations or rights of representation of new titles, departmental reorganization or any other administrative varia- tions of the present department organization. The City agrees that it will not sponsor or promote, financially or otherwise, any other group, individual, or labor organization, for the purpose of undermining the Union; nor will it interfere with, restrain, coerce, or discriminate against any of its employees in connection with their membership in the Union. ARTICLE II MANAGEMENT RIGHTS Section 1. Except as limited by the express provisions of this Contract, nothing herein shall be construed to restrict, limit, or impair the rights, powers, and authority of the City under the laws of the State of Iowa and the City's ordinances. These rights, powers, and authority include, but are not limited to the following: a. To direct the work of its employees. b. To develop, implement and enforce work rules, safety standards, performance and productivity standards. C. To hire, promote, transfer, assign, classify, schedule, evaluate, and retain employees within the operation of the City government and to develop and maintain qualification standards and procedures for employment, promotions, and transfers. d. To discipline, suspend or discharge employees for just cause. e. To maintain the efficiency of the governmental operation and to determine and maintain the nature, scope and definition of City organization. f. To relieve employees from duties because of lack of work, lack of adequate public financing, or for other legitimate reasons. g. To determine the amounts, methods, and procedures for com- pensating employees and the definition of, necessity for, allocation of, and nature of overtime and the method of compensating overtime. h. To determine and implement the methods, means, tools, locations, equipment, and assignment of personnel by which its operations are to be conducted including but not limited to the right to contract and subcontract work. i. To take such actions as may be necessary to carry out its mission. j. To initiate, prepare, certify and administer its budget. k. To exercise all powers and duties granted to it by law. ARTICLE III NO STRIKE --NO LOCKOUT Section 1. No Strike. No employee covered by this Contract shall engage in any stri eat any City facility or at any location in the City where City services are performed during the life and duration of this Contract. If any strike shall take place, the Union will immedi- ately notify employees engaging in such activities to cease and desist. Employees in the bargaining unit, while acting in the course of their employment, shall not refuse to cross any picket line established by any labor organization when called upon to cross such picket line in the line of duty. The City will make every reasonable effort to assure employee safety in crossing picket lines. Any employee engaging in any activity in violation of the Article shall be subject to immediate disciplinary action including discharge by the City. "Strike" means a public employee's refusal, in concerted action with others, to report to duty, or his willful absence from his position, or his stoppage of work, or his abstinence in whole or in part from the full, faithful, and proper performance of the duties of employment. Section 2. No Lockout. The City agrees not to lock out employees as a result of disputes arising out of the terms of this Contract. ARTICLE IV DUES CHECK OFF Section 1. The City agrees to deduct Union membership fees and dues once each month from the pay of those employees who individually authorize in writing that such deductions be made. The Union will vertify the dues structure to the City in a letter signed by the President and notarized. Authorization for check off must be received by the 15th of the month in order to be withheld from the first check of the next month. Section 2. Check off moneys will be deducted from the first pay check of each calendar month, and shall be remitted, together with an itemized statement, to the Union Treasurer within ten (10) days after the deductions have been made. Section 3. The City will not deduct dues beginning the first of the calendar month after which an employee is no longer part of the bargaining unit. An employee may voluntarily cancel or revoke authori- zation for check off by delivery of written notice to the City and to the Union. Cancellations received by the 15th of the month will become effective on the first of the next month. -3- c/9 C' Section 4. The City will not be liable and will be held blameless for damage arising by virtue of mistakes in connection with funds collected under the provisions of this Article. The City will not be responsible for payment of dues, special assessments or any other deduction upon an individual's default. ARTICLE V CIIMMOTM6I33 Section 1. The normal work week will average fifty-six (56) hours, but no employee shall be guaranteed any specific number of hours in any one week. Sworn personnel of the Fire Department bargaining unit will work in twenty-four (24) hour shifts, except such members as assigned to other special shifts by the Chief. An adjustment in benefits will be made for employees who are assigned to other than fifty-six (56) hour week. Section 2. Temporary variations in shift assignment or changes in days on and off may be made upon twenty-four (24) hours notice. No prior notice is required to change schedules in an emergency or in the case of inclement weather. Section 3. Trading of Time. The City will permit fire fighters to exchange work shifts wit in grade and between captains and lieutenants upon the following procedures: a. Two employees may make a mutual request in writing to the Battalion Chiefs of the respective shifts 24 hours in advance except in the case of emergency when shorter periods of notice are required. b. The Fire Chief and Battalion Chief will approve or deny the request, but permission to trade will not be denied without reason. C. The employee receiving the work shift off in the exchange shall pay back the employee taking his/her place within the fiscal year, upon termination, or by such time as required by the law, whichever comes first. d. The substitution may not impose any additional costs on the Employer, and in the event the employer is required to pay any overtime because of the failure of an employee to pay another back in timely fashion, this overtime pay shall be deducted from the pay of the negligent employee. Section 4. Staffing. The Chief has sole discretion to deter- mine the number of people who take time off in any rank as well as the level of staff for the Fire Department. Section 5. Pay outside of classification. If an Acting appoint- ment out of rank is made in writing by the Fire Chief for a period which exceeds thirty (30) calendar days, the employee so appointed will be paid at the beginning rate of the rank in which he/she is acting on the first full shift after the 30th day. In making such appointments the Chief will look first to persons on the promotional list for the vacant position, but may determine to appoint an individual whose name does not appear on the promotional list. -4- U,21, ARTICLE VI nVFRTTMF Section 1. For purposes of this Article a "day" is defined as beginning at 7:00 A.M. and ending twenty-four (24) hours later. Section 2. Overtime is work performed by a permanent employee who is required to work at the end of twenty-four (24) hour shift or who is called back to work for fire suppression activities. Prior authori- zation from the Battalion Chief is required before overtime will be credited. Employees may be periodically required to work overtime but may request not to do so because of physical inability or serious personal need. There will be no pyramiding of overtime. Overtime will be compensated at the rate of one and one-half (1 1/2) times the current base hourly rate of the employee or by compensatory time off at the rate of one and one-half (1 1/2) hours of each hour of overtime worked. Permanent employees may accumulate up to 48 hours of compensatory time which may be taken off at times agreed upon by the employee and the supervisor. The Chief will consider departmental staffing needs, financial considerations, and employee preferences in determining whether overtime is paid or compensatory time given. Upon termination the employee will be paid for one-half (1/2) of the remaining compensatory time. Section 4. Minimum Call -In. An employee who has completed a work day and who is called in to work in an emergency situation without prior notice will be paid for a minimum of two and one-half (2 1/2) hours. If the emergency call-in takes more than two and one-half (2 1/2) hours the employee will be compensated for time spent. Minimum call-in will be paid at the overtime rate. Section 5. Calculation of Overtime. Generally, overtime will be recorded on the basis of six 6 minute segments, and an employee must work an entire segment to be credited with one-tenth (1/10) hour for overtime. However, in the case of retention time, an employee will receive one (1) hour of overtime for any part of an hour of previously authorized work. e.g., If a unit is called out at 6:30 A.M. for a fire and are unable to return to the station until 7:20 A.M., each crew member who has received authorization to answer the call will receive one (1) hour of overtime. In the event that the crew is required to stay until 8:20 A.M. (1 hour 20 minutes) the time in excess of one hour will be recorded to the nearest one-tenth (1/10) hour and the employee would receive 1.3 hours of overtime. ARTICLE VII SPECIAL LEAVES Section 1. On the Job Injury. Upon application the City may grant a leave of absence with pay in the event of an injury or illness of an employee while at work provided the following conditions exist: -5- e-! '? 7 The injury or illness arises out of the course of City employment, and the City's medical advisor determines that time off work is required. If the above provisions are applicable, leave with pay will be granted during the remaining time on the work shift when the injury occurs and for a period of up to two (2) working shifts thereafter if authorized by the medical advisor. If the injured or disabled employee requires more than two (2) shifts in which to recuperate and return to work, any additional absence may be charged to sick leave or, if sick leave is exhausted, to other accumulated leaves or if all leaves are exhausted, to leave of absence without pay. If the City is reimbursed by the Fire Pension Board for days when an employee is using sick leave for on-the-job injury, the City will reimburse the employee for such sick leave. Section 2. Funerals. An employee will be granted up to a maximum of two (2) shifts per incident as determined by the Chief with no loss of compensation to attend the funeral of his/her spouse, children, mother, father, stepparents, sister, brother, mother-in-law, father-in- law, grandparents, aunt or uncles, brother-in-law, sister-in-law, or permanent members of the immediate household. If additional time is needed, an employee shall be permitted to use up to one (1) shift of accumulated sick leave with the approval of the supervisor. Section 3. Leave of Absence Without Pay. A leave of absence without pay is a prime etermined amount of time off work, which has been requested by the employee, recommended by the Fire Chief and approved by the City Manager. Generally, such leave shall not exceed twelve (12) months. Upon termination of any such leave of absence, the employee shall return to work in the same range and step as when he/she left and will receive compensation on the same basis as if he/she had continued to work at his/her regular position without leave, provided that, during that period, if the nature of operations has changed so that similar work does not exist or that an opening for the employee no longer exists the employee will be offered vacancies in related areas or other vacancies at the City for which the employee is otherwise qualified. In the event an employee fails to return to work at the end of any such leave or extension he/she shall be deemed to have voluntarily resigned or, if applicable, voluntarily retired on the last day of work prior to such leave. During a leave of absence without pay, the employee: a. cannot pay retirement contributions if the leave exceeds one month in duration; b. must pay group hospitalization premiums falling due during any month the employee is not on the payroll if coverage is desired; C. must pay premium for coverage under the group life insurance plan if coverage is desired; d. shall not receive any other accruals or job benefits during the period of absence; ' e. shall not acquire additional seniority during said leave except in the case of temporary medical disability or where otherwise specified by this Agreement. f. shall not earn sick, vacation, or other leave; g. must use all accumulated vacation to which he/she is entitled prior to the time that the leave without pay commences. The Fire Chief may waive the above conditions (a. through g.) for leaves of absence not exceeding ten (10) calendar days. Section 4. Jury Duty. An employee summoned for jury duty shall notify the City so that a request to the Court in writing may be made to excuse the employee because of the nature of fire supression activities. In the event that the employee is not excused the City shall receive the pay earned for such jury service. Compensation for travel expenses may be retained by the employee. An employee shall report to the assigned work area both before and after time spent on jury duty for regularly scheduled work days. Section 5. Witness Fees. An employee shall be granted leave with pay when required to be absent from work for the purpose of testifying in court in response to legal summons and the City shall receive the witness fees up to the amount of compensation paid to the employee for days testified. Section 6. Military Leave. Employees called by any branch of the Armed Forces of the United States shall, when ordered to active service, be entitled to a leave of absence for such period of time that the member serves in such capacity and until discharged therefrom. The City shall comply with applicable law in regard to military leave. Employees subject to the foregoing shall, upon reinstatement to City employment, retain their original employment date for the purpose of determining seniority and eligibility for salary advancement just as though such time spent in service of the United States had been spent in regular employment with the City. Employees who take pre -scheduled military leaves must indicate the time of the military leave as a first choice for vacations. Section 7. Voting Time. An employee shall be permitted to vote during the work day in any national, state, or local election if it is not reasonably possible for him/her to vote during off hours. If available, transportation will be provided within Iowa City. Section 8. Pregnancy Leave. A pregnant employee shall be entitled to a leave of absence without pay if she is disabled as a result of pregnancy or related cause at the exhaustion of other accumulated leaves. All employees requiring such leave shall notify the Fire Chief prior to the anticipated date of birth and should be able to substantiate their condition by a doctor's statement. Employees may work during pregnancy if health permits. Those granted leaves under this section shall present a doctor's statement as to pregnancy disability and recovery therefrom. Within seven (7) days following birth, miscarriage, or abortion, the employee shall advise the City of the date by which she will return to work. Unless the employee returns to work by such date, or any other date by reason of extension granted by the City, the employee will be considered to have voluntarily resigned or retired. -7- Cl'2 0 ARTICLE VIII HOLIDAYS Section 1. The following days shall be paid holidays for permanent employees: New Year's Day (January 1); Washington's Birthday (third Monday in February); Memorial Day (last Monday in May); Independence Day (July 4); Labor Day (first Monday in September); Veteran's Day (November 11); Thanksgiving Day (fourth Thursday in November); the Friday after Thanksgiving; Christmas Day (December 25); and one personal leave day. Section 2. In addition, there shall be granted to permanent employees who do not work a continuous shift the day before or after Christmas, or the day before or after New Year's Day as an additional holiday. The City Manager may direct that employees observe a particular day for this holiday but if the Manager fails to make such designation by December 15 of the calendar year in question, employees may select a particular day subject to the approval of the supervisor. If the City Manager does not designate a day employees may choose a day between December 24 and January 2 for this holiday with the supervisor's approval. Section 3. Permanent employees on a continuous shift shall receive one hundred twenty-three (123) hours of holiday credit on July 1 annually. Any continuous shift employee who begins work after July 1 of any calendar year will receive credit for the remaining holiday dates in the year. If an employee separates after July 1 of any year, those holidays which have been credited but which have not yet occurred will be deducted for the purpose of considering separation pay. Requests for use of holiday time shall be made to the Battalion Chief who shall determine when holiday time may be taken. For the purpose of this Article, a holiday for continuous shift employees begins at 7:00 A.M. on the day of the holiday and continues for a period of twenty-four (24) hours thereafter. Section 4. Part-time employees will receive holdiay pay on a pro rata basis. Section 5. Holidays or personal leave days shall not be carried beyond July 1 of any year. Section 6. Definitions. "Continuous shift employees" as used in this article includes all personnel who are working on twenty-four (24) hour shifts. ARTICLE IX SICK LEAVE Section 1. Accumulation. Employees shall be granted twelve (12) hours of sick leave credit per month and shall have the right to accumu- late unused sick leave up to a maximum of 2,160 hours (90 shifts). Sick leave shall not be accumulated while an employee takes a leave of absence without pay but any employee granted a City paid leave shall continue to earn sick leave. Accumulation of sick leave shall commence on the date of first permanent employment. Additional sick leave will not accrue while an employee is receiving pension compensation on any basis. -8- t 12rN Upon resignat or retirement, the City shall , for one-half (1/2) of the accumulated sick leave on the basis of the employee's current hourly base salary. An employee must have been employed by the City for at least one year in order to be eligible for payment of accumulated sick leave upon resignation or retirement. Section 2. Use of Sick Leave. a. An hour of accumulated sick leave shall be used for each hour an employee is sick and off work during a work week. A doctor's statement regarding nature of illness and recovery therefrom may be required. Sick leave may be used on an hour -to -hour basis for doctor's appointments or other health maintenance needs. b. In addition to sickness of an employee, sick leave may be used for: (1) On-the-job injury; (2) Serious illness or hospital confinement of a spouse or child, or citical illness of the employee's mother, father, mother-in-law, father-in-law, brother, sister, or grandparents, as well as any other relatives or members of the immediate house- hold of the employee up to a maximum of forty-eight (48) hours per occurrence. Section 3. Notifications. An employee shall notify his/her supervisor as soon as reasonably possible of any sickness or illness which will cause him/her to miss work and, unless such notification is given within one (1) hour after the beginning of the work day, the absence will not be charged to sick leave, but will be charged to other accumulated leave or to leave of absence without pay. Unusual circumstances will be evaluated and may result in charging the absence to sick leave. An employee who becomes sick at work will notify his/her supervisor before leaving the area. An employee who is unable to perform any required duties as a result of illness must leave the work area and charge the time to sick leave or other accumulated leave, or to leave without pay. Section 4. In the event an employee is injured or disabled on the job requiring time away from work, no deductions shall be made from the employee's accumulated sick leave or annual leave unless such employee requires more than two (2) shifts following the day of the injury in which to recuperate and return to work. ARTICLE X VACATIONS Section 1. Accumulation. Vacations shall be earned and accumulated by month according to th o lowing schedule: Length of Service Hours Per Month Hours Per Year 0-5 years 5 years 1 day - 10 years 10 years 1 day - 15 years 15 years 1 day - 20 years more than 20 years 12 hours (6 shifts/yr) 144 hours 16 hours (8 shifts/yr) 192 hours 18 hours (9 shifts/yr) 216 hours 20 hours (10 shifts/yr) 240 hours 22 hours (11 shifts/yr) 264 hours N q 3l The maximum number of hours eligible for carry over after July 1 of any year or for payment upon termination shall be two hundred fifty-six (256) hours. Section 2. Use of Vacation. An employee becomes eligible to use vacation time after he/she has been on the payroll as a permanent full- time fire fighter for a period of six (6) continuous months. (This may occur prior to the completion of probation.) Between January 1 and May 15 each battalion will schedule vacations using the following procedure: The Chief will indicate the minimum number of persons of each rank who must be working. Employees will indicate their first choice in the order of seniority within the department. When the least senior person has expressed a first choice, the most senior person may indicate a second choice, with others following in order of their turn. Unless an employee expresses his/her choice within two shifts, he/she will be considered to have forfeited a turn. The Battalion Chief and the Union representative will monitor the procedure for choice of vacations. An employee planning to take military leave must indicate the time of the summer or pre -scheduled military leave as first choice for vacation. Section 3.Payment of Accumulation. Upon resignation or retirement after six (6) months of continuous service, an employee is eligible for payment or not more that two hundred fifty-six (256) hours of accumulated vacation leave at the current base rate of pay. ARTICLE XI UNION ACTIVITIES Section 1.Union Meetings. The Union may use the All -Purpose room for union meetings for three (3) hours not more more often than once per month. Employees on duty may attend with the Battalion Chief's permission and such employees must be available for fire calls. Such meetings will be held at times when they do not interfere with Fire Department activities. No one on duty in outlying stations may attend. Section 2. Documents. Documents belonging to the Union may be stored at the Central station in the same manner in which they are currently stored. Section 3. State Convention. Two bargaining unit members from different shifts may have up to two shifts off duty to attend the annual meeting of Iowa State Association of Professional Fire Fighters Conven- tion. The Union will designate in writing who will attend the convention thirty (30) days prior to the request for time off. All arrangements for taking time off under this Section will be cleared with the Chief. Section 4. Negotiations. In the event that the parties to this contract determine t at,future negotiations are appropriate, not more than one (1) member of the bargaining unit may attend the negotiations while on duty without loss of compensation. The member will remain available for emergency calls during the negotiation period. ARTICLE XII UNIFORMS AND EQUIPMENT Section 1. Uniforms. The City will provide any uniforms and equipment which are required for employees. The following uniforms will be provided: Uniform cap Blouse Necktie 3 summer shirts 3 winter shirts 2 winter dress pants 2 summer dress pants Gloves and mitts Winter coat Spring/Fall jacket Belt Fire Fighting helmet Turn out coat Bunker pants Day boots Night boots Ear muffs Initial tailoring will be provided. Employees may purchase their own work shirts as long as shirts meet general specifications as to color and style. Replacement of the above equipment will be by the City upon the Chief's determination of need. ARTICLE XIII INSURANCE Section 1. Medical Health Insurance. The City will provide the major medical health insurance policy currently provided for employees and families if applicable. Section 2. Life Insurance. The City will provide a term life insurance policy for employees the face value of which is an amount equal to the next even thousand dollars greater than annual salary. e.g., If an employee's annual salary is $12,240, the face value of the life insurance policy is $13,000. In the policy currently provided coverage does not become effective until ninety (90) days after employment. ARTICLE XIV DUTY OUTSIDE THE CITY In the event the City directs an employee to perform duties outside the corporate limits of the City of Iowa City, Iowa, the employee shall -11- V z14 receive every benefit, right, and privilege to which he/she would have been entitled had said duties been performed within the corporate limits of Iowa City. TRAINING PROGRAMS The City and the Union agree that training and development of employees within the bargaining unit is of primary importance to main- taining high standards of fire protection for the citizens of Iowa City. The City agrees to assist employees in acquiring the knowledge, skills and attitudes needed to perform the work most effectively to the extent that there is an increase in efficiency and economy within the Fire Department. A continuous training program will be maintained based on need as determined by the Chief. Self development will be encouraged where possible and will include training in management and supervisory skills as well as technical areas. The City and the Union agree to support and administer the Apprentice Program (Department of Labor) currently in operation. When they are required by the City to attend training activities away from the station, employees will be reimbursed for expenses in keeping with City procedures for reimbursing such expenses. Compensation for required training will be by prior authorization on the basis of straight time for actual hours spent in training. ARTICLE XVI BULLETIN BOARDS Section 1. The City shall assign space on bulletin boards for the Union to post notices. The Fire Chief will have final review of materials posted or displayed on walls, bulletin boards, blackboards, and other similar surfaces in the Fire Department. ARTICLE XVII PERSONNEL TRANSACTIONS Section 1. Employees shall receive a copy of payroll transactions, performance evaluations, and other documents which will be used for purposes of promotion, evaluation or discipline within thirty (30) days after documents are placed in their files. Section 2. Under the supervision of an employee of the Human Relations Office and during normal business hours, employees shall have access to their personnel files including the right to copy the contents of the file at their own expense. Section 3. The City shall remove documents relating to minor disciplinary offenses from the employee's file once per year on or about July 1. Materials removed will be placed in an inactive file. -12- U 2r/ ARTICLE XVIII DISCIPLINE Section 1. Purpose All parties of this Contract recognize that a certain amount of discipline is necessary for efficient operation of the City and the City has rights and responsibilities under law in providing services in an efficient manner. These certain penalties for infractions are agreed upon by the parties as a mode of operating and are not intended to limit the management rights of the City as explained in Chapter 20 of the 1975 Code of Iowa. Disciplinary actions against employees will be taken for just cause. Employees shall elect to pursue appeals of disciplinary proceedings either through the Civil Service Commission or through the grievance procedure in this Agreement. Section 2. The goals of progressive discipline are to correct behavior and produce efficient City operations rather than merely to punish wrongdoers. Disciplinary actions or measures shall ordinarily be invoked in the order listed: 1. Oral reprimand or warning 2. Written reprimand or warning 3. Loss of time 4. Suspension with loss of pay 5. Salary reduction 6. Demotion 7. Discharge Section 3. Serious violations may be dealt with by any of the above disciplinary measures on the first or subsequent offenses. ARTICLE XIX TRANSFER PROCEDURES Section 1. Voluntary Transfers. An employee desiring to transfer to another battalion may make written application to the Fire Chief. The Chief will review the request and will consider the ability and experience of the member, the nature and type of work to be performed within the battalion, and the rank and seniority of the member, and the need for personnel having certain qualifications within the battalion. Special consideration by the Chief will be given for emergency circum- stances. Generally, voluntary transfers will take place under one of two conditions: a. Two (2) employees desire to trade battalions, OR, b. A vacancy exists on another battalion. Employees may not make more than one voluntary transfer per year. Nothing in this Article limits the Chief from making involuntary transfers. ARTICLE XX SUPPLEMENTAL EMPLOYMENT Section 1. Employees may have outside employment provided that such employment does not conflict with the duty hours of the employee or -13- u__135 with the satisfactory or impartial performance of their duties and provided that such employment does not adversely affect the City. Section 2. The employee agrees to obtain the permission of the Fire Chief in advance of obtaining outside employment. ARTICLE XXI SAFETY Section 1. The City and the Union recognize the importance of the personal safety of individual employees on the job and recognize that fire fighting is a hazardous activity which subjects an individual to more risks than other employment or activities. Section 2. Periodic training in safety matters will be provided to employees who engage in hazardous work. Employees will have access to protective gear as required by law. Employees will use property and equipment of the City with due care appropriate to the work performed and equipment used. Section 3. Employees who operate equipment shall report any defect noticed by him/her in said equipment to the immediate supervisor as soon as possible. Section 4. Safety Committee. A safety committee composed of representatives of the City and the Union will act as advisors and make recommendations to the Fire Chief in the area of safety. Their duties shall include but not be limited to: a. Conducting safety lectures as needed. b. Investigation of accidents and injuries and making recom- mendations to the Fire Chief on steps to take to prevent a recurrence. C. Monitoring of the testing of apparatus and equipment (testing procedures outlined in applicable NFPA Standards). d. Conduct safety checks in all stations and forward results to Fire Chief. e. Conduct Committee meetings quarterly (if needed) to discuss Safety and related topics. ARTICLE XXII GRIEVANCE PROCEDURE Section 1. Definitions. The word "grievance" wherever used in this Contract shall mean any dispute between the City and any employee with regard to the meaning, application or violation of the terms and provisions of this Contract. Section 2. Representation. An employee will not be required to be represented by a Union representative but has the right to be so represented if he/she chooses. In the event that the grievance proceeds -14- y3(n beyond Step 3, an employee may not invoke arbitration without the approval of the Union and, in the case of an employee grievance, the Union may invoke arbitration only with approval of the employee grievant. Section 3. Representatives. The Union will certify to the City the names of three 3 representatives and three (3) alternate repre- sentatives for the purpose of representing fire department members in the investigation and presentation of grievances. Not more than one representative will represent a grievant for any one grievance. The representative may use a reasonable amount of duty time to investigate grievances providing that the Battalion Chief gives permission for time to be used and provided that the grievance resolution doesn't interrupt regular fire department work. Section 4. An employee shall use this procedure for the resolution and determination of disputes which arise under the terms of this Contract. The Grievant does not lose legal rights by initiating a grievance under this procedure. However, if the Grievant elects to proceed beyond Step 3 of the Grievance Procedure the Grievant by so doing waives the right to exercise any other option(s) available to obtain satisfaction and the Grievant is bound by the decision of the Arbitrator. Section 5. Procedure. A grievance that may arise shall be processed and sett eche following manner: Step 1. The grievance shall be presented orally for discussion between the employee grievant, the representative, if applicable, and the battalion chief within nine (9) calendar days of the event giving rise to the grievance. The battalion chief will either adjust the grievance or verbally deliver an answer to the employee grievant or representative within nine (9) calendar days. In the event that no response is received from the supervisor, the grievant shall proceed to Step 2. Step 2. If the grievance is not resolved by Step 1, the grievant or representative may, within seven (7) calendar days following completion of Step 1, present three (3) written copies of the grievance signed by the employee grievant. The copies are to be distributed as follows: One copy to chief negotiator for City (or designated representative), one copy to Fire Chief (or designated representative), and one copy to the Union. The written grievance shall contain a statement from the employee of the facts and section of this Contract grieved and must specify the relief or remedy desired. The Fire Chief shall investigate and document the grievance and issue a decision in writing to the grievant and/or represent- ative within ten (10) calendar days. If no response is received, the grievant shall proceed to Step 3. Step 3. If the Grievance is not resolved by Step 2, the Grievant may, within seven (7) calendar days following completion of Step 2, present three (3) written copies of the grievance as follows: -15- U 2'7 a. one (1) copy to the Grievance Committee b. one (1) copy to the Union C. one (1) copy to the City The written grievance shall contain a statement from the Grievant of the specific circumstances leading to the grievance and section(s) of this agreement grieved and will specify the relief or remedy desired. It shall be signed by the Grievant. The Grievance Commit- tee will within seven (7) calendar days following receipt of grievance meet to act upon the grievance. The Grievance Committee will within seven (7) calendar days after meeting adjust the grievance or reject the grievance in writing. The Grievance Committee will deliver their written decision as follows: one (1) copy to the Grievant one (1) copy to the Union one (1) copy to the City In the event that no decision is received from the Grievance Committee within fourteen (14) calendar days after receipt of the grievance, the grievant shall proceed to arbitration. Section 6. Arbitration. Grievances not resolved at Step 3 of the Grievance Procedure may be submitted to a third party for arbitration. A request for arbitration must be submitted by written notice to the City within seven (7) calendar days following receipt of the Grievance Committee report at Step 3. Copies of any such request by an employee will be furnished to the City and the Union. The arbitration proceeding shall be conducted by an arbitrator to be selected by the City and the Union within five (5) days after notice has been given. If the parties fail to select an arbitrator, a request by either or both parties shall be made to the Iowa Public Employment Relations Board to provide a panel of five (5) propective arbitrators. Both the City and the Union shall have the right to strike two names from the panel. A coin toss will determine who strikes the first name. The process will be repeated and the remaining person shall be the arbitrator. The arbitrator shall have the power to interpret, apply, and enforce this written Contract but shall have no power to add to, sub- tract from, or modify the terms thereof. The rules of evidence and the nature of the hearing will be conducted in a manner consistent with all state and federal legislation, applicable rules and regulations. The decision of the arbitrator shall be issued within thirty (30) days after conclusion of the hearing and shall be final and binding upon the parties. The parties of the grievance, their witnesses and representatives shall have the right to be present at the grievance arbitration in addition to the arbitrator. Other persons may be present at arbitration hearings as the parties may mutually agree. Either party shall have the right to record the evidence presented at the arbitration hearing. Arbitration hearings shall be closed to the public and evidence taken shall not be revealed to any third party until such time as the decision of the arbitrator is made unless parties agree otherwise. The cost of arbitration and recording the same shall be divided equally between the parties to this Contract. The cost of a certified court reporter, if requested by the arbitrator, shall be divided equally between the parties. Each party will pay for the cost of its own case preparation and for expenses of its witnesses. -16- U 15W Section 7. Grievance Committee. The Grievance Committee shall consist of three (3) persons designated by the Union as representatives and of not more than three (3) City representatives except by mutual agreement. The names and addresses of the parties selected shall be certified by the Union to the City. Representatives or agents of the parties may be present at grievance committee meetings. The function of the Grievance Committee will be as follows: a. To resolve grievances as provided in Step 3. b. To meet and confer as needed during the life of the contract for the purpose of discussing problems between the parties arising out of the administration of this Contract. ARTICLE XXIII GENERAL CONDITIONS Section 1. This Contract shall be construed under the laws of Iowa. Section 2. The City and the Union agree they will not act to discriminate because of race, creed, color, sex, age, or nationality unless the reason for the discrimination is job-related or otherwise allowed by law. Section 3. Parking. No fewer than ten (10) parking places in the Civic Center lot will be held in the names of fire bargaining unit members provided that fees are paid according to City procedures for the ten places. There will not be an increase in the rate for parking of $5.00 per month for members of the bargaining unit during the life of this Contract. The City will assume no increase in responsibility in administering use of parking permits as a result of this Contract and any disputes over use of the ten permits must be handled by the Union representative. Other fire department members may hold parking permits in accordance with City procedures. Section 4. Grocery Buyer. The grocery buyer for each shift may use a City vehicle if available at times and in areas designated by the Fire Chief. ARTICLE XXIV WAIVER All negotiations or bargaining with respect to the terms and conditions of this Contract shall be conducted by authorized repre- sentatives of the Union, Local 610, and the City. Agreements reached as a result of such negotiations shall become effective only when signed by the authorized representatives of the parties. The expressed written provisions of this Contract will not be modified except by authorized representatives of the parties. -17- u�Zri This Contract supersedes and cancels all previous agreements between the City and the Union and constitutes the entire Contract between the parties and concludes collective bargaining for its dura- tion. All parties to this Contract waive each and every right to neqotiate to which they would otherwise be entitled under the laws of the State of Iowa for the duration except as amended. ARTICLE XXV SAVINGS CLAUSE Should any Article, Section, or any portion thereof of this Contract be held unlawful and unenforceable by operation of law or by any tribunal of competent jurisdiction, such decision shall apply only to the specific Article, Section or portion thereof declared null and void in the decision and the remainder of this Contract shall remain in full force and effect. Neither party shall be required as a result of their Contract with each other to conduct themselves in a manner which would cause them to neglect their duties under law or to engage in activities in violation of the law. If replacement provisions are deemed necessary by the Union or the City they shall give notice to the other party of their intent to reopen applicable portions of the Agreement. Negotiations will begin within ten (10) days unless extended by mutual written agreement. ARTICLE XXVI DURATION This Contract shall be in effect between July 1, 1977, and June 30, 1978, and shall continue from year to year thereafter unless written notice to change or modify it is served by either party prior to August 15 of the year preceding the expiration date of this Contract or any extension thereof. ARTICLE XXVII PAY PLAN Beginning July 1, 1977, the base pay for Iowa City Fire Department Fire Fighters, Lieutenants and Captains will be as follows: STEP A STEP B STEP C STEP D STEP E STEP F Fire Fighter 891 930 971 10T1 1056 1702 Lieutenant 1102 1152 1206 Captain 1206 1256 1313 Step A is starting wage. An employee is eligible to go to sub- sequent steps with satisfactory performance reviews. Step B review is after 6 months. Step C review after 12 months from the start date and completion of probation. All other reviews are at 12 month intervals from the completion of probation and all based on merit reviews. Permanent professional fire fighters will receive a food allowance in the amount of $25.00 per month. -18- UUo CITY OF IOWA CITY, IOWA IOWA FIRE BY: &W Ld' & "/J/lk-� BY: CAROL dePROSSE, MAYOR PRO TEM BY: i'044 ay,_BY: C NSG, , NEG T ATOR ATTEST:. CITY CLERK DATE: CITY ASSOCIATION OF PROFESSIONAL FIGHTERS, IAFF, AFL-CIO, LOCAL #610 90/ CITY OF IO;IA ..Y, I01lA f+ P CAROL dePROSSE, MAYOR PRO TEM 1 n BY: _('i�>.7 r( 1_ puu'. CANDY - M RGA!, NEGOTIATOR .A ATTEST: (CITY CLERK 1 DATE: (O")- j -7% -19- IOWA CITY ___ )CIATION OF PROFESSIONAL FIRE FIGH,TTEERS, IAFF, AFL-CC/IO, LOCAL n610 41m 1101a E A S E M E N T This agreement, made and entered into by and between American College Testing Program, Inc., grantor, which expression shall include agents or assigns, and the City of Iowa City, Iowa, hereinafter referred to as City, which expression shall include their agents or assigns, witnesseth: It is hereby agreed as follows: For the sum of $1.00 plus other valuable consideration, the receipt of which is hereby acknowledged, grantor hereby grants and conveys to City an easement for the purposes of excavating for and the installation, replacement, maintenance and use of such water lines, pipes, mains, and conduit as City shall from time to time elect for conveying water with all necessary appliances and fittings for use in connection with said pipe lines, together with adequate protection therefore, including all the area located within ten (10) feet to either side of the line described as follows: WATER MAIN EASEMENT, AMERICAN COLLEGE TESTING PROGRAM, INC., IOWA CITY, IOWA A 20 foot wi'de strip of land, centered on the following described centerline: Commencing at the East quarter corner of Section 2, Township 79 North, Range 6 West of the 5th Principal Meridian, Iowa City, Johnson County, Iowa; thence South 89° 58' 00" West 473.22 feet along the South line of the North- east quarter of said Section 2 to a point (this is an assumed bearing for purposes of this description only); thence North 648.00 feet to a point of intersection with the Southerly right- of-way line of Dubuque Road (formerly Old Solon Road); thence South 89° 50' 00" East 49.48 feet along said Southerly right-of-way line of Dubuque Road to the point of curvature of said road station 34 + 15.4; thence continuing along said Southerly right-of-way line of Dubuque Road 28.00 feet along a 480.80 foot radius curve concave Northwesterly to point of beginning of centerline herein described; thence South 160.00 feet to a point (hereafter designated as point "A''); thence continuing South 196.50 feet to a point; thence North 89° 58' East 350.00 feet to end of centerline herein des- cribed; also beginning at point "A" as previously described; thence North 81° 00' East 187.00 feet to a point; thence North 79° 30' East 177.5 feet to end of centerline herein described. F0 n Received & Apprcvel JUN 1 31977 0 Th: L�Zal Dep. t n1 KA -7 eCl'I ABBIC STO L �SHIV E-HATTERY & ASSOCIATES - U UCITY CLERK y U 1 10 -2 - Grantor further grants to City: I. _The right of grading said strip for the full width thereof and to extend the cuts and fills for such grading into and on said lands along and outside of said line to such extent as City may find reason- ably necessary; 2. The right to support said lines across ravines and watercourses with such structures as City shall from time to time elect; 3. The right from time to time to trim and to cut down and clear away any and all trees and brush now or hereafter on said strip and to trim and to cut down and clear away any trees on either side of said strip which now or hereafter in the'opinion of City may be a hazard to said lines or may interfere with the exercise of City's rights hereunder in any manner; provided, however, that all trees which City is hereby authorized to cut and remove, if valuable for timber or wood, shall continue to be the property of grantors, but all tops, lops, brush and refuse wood shall be burned or removed by City; 4. The right of ingress to and egress from said strips over and across said lands by means of roads and lanes thereon, if such there be; otherwise, by such route or routes as shall occasion the least practicable damage and inconvenience to grantors; provided that such right of ingress and egress shall not extend to any portion of said lands which is isolated from said strip by any public road or high- way now crossing or hereafter crossing said lands; 5. The right to install, maintain and use gates in all fences which now cross or shall hereafter cross said strips; 6. The right to mark the location of said strips by suitable markers set in ground; provided that said markers shall be placed in fences or other locations which will not interfere with any reasonable use grantor shall make of said strips. a) City shall not fence said strip; b) City shall promptly backfill any trench made by it on said strip and repair any damage it shall do to grantors' private roads or lanes on said lands. c) City shall indemnify grantors against any loss and damage which shall be caused by the exercise of said ingress and egress, construction, and maintenance or by.any wrongful or negligent act, omission of City or of its agents or employees in the course of their employment. SHIVE-HATTERY & ASSOCIATES t It//n -3 - Dated this 1st - day of June, A.D., 1977. STATE OF IOWA SS FLI CIPS IRK4611j Irl BY: ///✓.J �— w GRANTORS American College Testing Program, Inc. Iowa City, Iowa On this 1st day of Junq,1977, before me, a Notary Public in and for the State of Iowa, personally appeared Marvin Brecht , to me personally known to be the person who executed the above and foregoing agreement and acknowledged the execution the same to be his own voluntary act and deed. WITNESS my hand and Notarial Seal this 1st day of June,1977 MLK/jbw Notary P bli In and F, the State of Iowa SHIVE-HATTERY & ASSOCIATES 19 WIRES 1979 U(.l ) j AGREEMENT This Agreement was made and entered into this 75 tlt day of 2/s r_ e— , 1977, by and between the City of Iowa City, Iowa, a municipal corporation, herein- after referred to as the "City," and the Youth Homes, Inc., hereinafter referred to as "Youth Homes," for a one-year period beginning July 1, 1977, and ending June 30, 1978. Such contract of employment to be subject to the following terms and conditions and stipulations, to wit: Youth Homes shall not permit any of the following employment practices: a. To discharge from employment or refuse to hire any individual because of their race, creed, color, national origin, religion, age, sex, marital status, sexual orientation, or disability. b. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, creed, color, national origin, religion, age, sex, marital status, sexual orientation or disability. I. SCOPE OF SERVICES The Youth Homes agrees to serve the Iowa City community by providing temporary and long-term, twenty-four hour care (housing and counseling) for adolexcents who are children in need of assistance, delinquent children, or children facing a crisis with which they cannot cope. II. GENERAL TERMS 1. The City of Iowa City shall pay to Youth Homes for the support of the shelter and two group homes the sum of $8,000/year with the agreement between the parties that the said money shall be used toward general operating costs. Johnson County Board of Supervisors will fund Youth Homes in FY 78 in the amount of $17,703. 2. The City will transfer funds to Youth Homes on September 15, 1977. 3. For the purposes of the Agreement, the director shall be considered an employee of Youth Homes and any fringe benefits received by the director shall be through the said Youth Homes. The director of Youth Homes shall adhere to personnel policies formulated by Youth Homes. 4. Youth Homes, acting as its own agent, agrees to defend, indemnify, and save harmless the City of Iowa City, Iowa, its officers, employees, and agents from any and all liability or claims of damages arising under the terms of the Agreement, or for any wrongdoings caused by the Youth Homes staff including, but not limited to, injuries to persons or properties served by or coming into contact with the Youth Homes. 5. Youth Homes shall maintain in full force and effect a comprehensive liability insurance policy executed by a company authorized to do insurance business in the State of Iowa, in a form approved by the City Manager. The minimum limits of such policy shall be as follows: To cover the insured liability for personal injury or death in the amount of $300,000 and for property damage of $10,000. The failure of Youth Homes to maintain such a policy in full force and effect shall constitute immediate termination of this Agreement and of all rights and privileges contained herein. vu / e, 6. The Youth Homes will provide an accounting at the end of the contract period. 7. The Director for Youth Homes will submit quarterly progress reports to the City Council of Iowa City. 8. This contract may be terminated upon thirty days notice by either party. All outstanding bills are to be paid upon termination within the thirty -day period and with no liability of the City beyond that thirty -day period. FOR THE CITY OF IOWA CITY, IOWA: Carol W. depP/rJossse, Mayor Pro Tem ATTEST: �jji%lt_,�I�1 , Abbie Stolfus, City!tlerk YOUTH HOMES, INC.: ATTEST:/1� �✓ T % lI- }_ )1 ..C" '� q x-11 -p AGREEMENT This Agreement was made and entered into on the day of , 1977, by and between the City of Iowa City, Iowa, a municipal corpov�tion herein- after referred to as the "City," and the Johnson County Council on Aging, hereinafter referred to as the "Council on Aging," for a one-year period beginning July 1, 1977, and ending June 30, 1978. Such contract of employment to be subject to the following terms and conditions and stipulations, to wit: The Council on Aging shall not permit any of the following employment practices: a. To discharge from employment or refuse to hire any individual because of their race, creed, color, national origin, religion, age, sex, marital status, sexual orientation or disability. b. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, creed, color, national origin, religion, age, sex, marital status, sexual orientation or disability. I. SCOPE OF SERVICES The Council on Aging agrees to provide the direct services and sponsor programs which will directly benefit the senior citizens in the City of Iowa City. Included on the Council on Aging staff shall -be a full-time director who shall plan and direct service programs to meet the needs of senior citizens in the community. II. GENERAL TERMS 1. The City of Iowa City shall pay to the Council on Aging the sum of $17,500 ($1,458.33/month) with the agreement between the parties that the said money shall be used toward salary for the full-time director. The remaining amount may be used for, but not limited to, office supplies and telephone services. The Johnson County Board of Supervisors will continue to provide office space. 2. The City will transfer funds monthly to the Council on Aging. 3. For the purposes of the Agreement, the director is an employee of the Johnson County Council on Aging and any fringe benefits received by the director shall be through the Council on Aging. The director of the Council on Aging shall adhere to the personnel policies formulated by the Council on Aging. 4. The Council on Aging, acting as its own agent, agrees to defend, indemnify, and save harmless the City of Iowa City, Iowa, its officers, employees, and agents from any and all liability or claims of damages arising under the terms of the Agreement, or for any wrongdoings caused by the Council on Aging staff including, but not limited to, injuries to persons or properties served by or coming into contact with the Council on Aging. 5. The Council on Aging shall maintain in full force and effect a comprehensive liability insurance policy executed by a company authorized to do insurance business in the State of Iowa in a form approved by the City Manager. The minimum limits of such a policy shall be as follows: To cover the insured liability for personal injury or death in the amount of $500,000 and for property damage of $10,000. yyl 9 The failure of the Council on Aging to maintain such a policy in full force and effect shall constitute immediate termination of this Agreement and of all rights and privileges contained herein. 6. The Council on Aging will provide the necessary accounting for payroll and supplies. 7. The Director for Council on Aging will submit monthly progress reports to the City Council of Iowa City. 8. This contract may be terminated upon thirty days notice by either party. All outstanding bills are to be paid upon termination within the thirty -day period and with no liability of the City beyond that thirty -day period. FOR THE CITY: COUNCIL ON AGING -- ,41 A V n Ae- t Fc k -,C ATTEST: C � TV (I ATTEST: RESOLUTION NO. 77-215 RESOLUTION ESTABLISHING POSITION BY PAY RANGE FOR CLASSIFIED PERSONNEL OF THE CITY OF IOWA CITY, IOWA FOR FY 78 WHEREAS, the City of Iowa City, Iowa, employs certain personnel subject solely to the action of the City Council referred to as classified personnel, and, WHEREAS, it is necessary to establish salaries for the said classified personnel. and. NOW THEREFORE BE IT RESOLVED, by the City Council of Iowa City, Iowa, that the following officers and employees shall receive as salary compensation that amount which is set forth after each respective title in lieu of all other fees and compensation except as otherwise provided by law, and where said officer or employee shall receive or collect any fees or other compensation from others for services as such officer and employee, he or she shall pay the same over to the City Clerk for the City Treasury. It was moved by Balmer and seconded by Perret that the Resolution as read be adopted and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x deProsse x Foster _ x Neuhauser x Perret x Selzer x Vevera Passed and approved this 21st day of ATTEST: City Clerk , 1977 &*,(It W. JU R444� ayor Pro Tem RECEIVED & APPROVED BY ME LEGAL WART9VT yy� I City of Iowa City Ranges 1-13 Classification Plan Personnel Office July 1, 1977 6 -Month Annual Review Review Step Step Step Step Step Step A B C D E F lode Hr. $ 3.43 $ 3.57 $ 3.72 $ 3.87 $ 4.03 $ 4.20 Mo. $ 594 $ 618 $ 644 $ 670 $ 698 $ 728 Yr. $ 7,128 $ 7,416 $ 7,728 $ 8,040 $ 8,376 $ 8,736 1. Clerk/Typist Hr. $ 3.57 $ 3.72 $ 3.87 $ 4.03 $ 4.20 $ 4.37 (Clerk, Clerk Typist, Inter- Mo. $ 618 $ 644 $ 670 $ 698 $ 728 $ 758 mediate Clerk, Intermediate Yr. $ 7,416 $ 7,728 $ 8,040 $ 8,376 $ 8,736 $ 9,096 Typist Clerk, Cashier) Maintenance Worker I (Custodian, Laborer, Refuse Collector, Equip. Service Worker, Landfill Attendant) Parking Enforcement Attendant Water Meter Reader ,Library Clerk 2. Keypunch Operator Hr. $ 3.72 $ 3.87 $ 4.03 $ 4.20 $ 4.37 $ 4.56 Account Clerk Mo. $ 644 $ 670 $ 698 $ 728 $ 758 $ 790 Duplicating Machine Operator Yr. $ 7,728 $ 8,040 $ 8,376 $ 8,736 $ 9,096 $ 9,480 3. Senior Clerk/Typist Hr. $ 3.87 $ 4.03 $ 4.20 $ 4.37 $ 4.56 $ 4.75 (Sr. Clerk, Sr. Typist Clerk) Mo. $ 670 $ 698 $ 728 $ 758 $ 790 $ 824 Animal Control Officer Yr. $ 8,040 $ 8,376 $ 8,736 $ 9,096 $ 9,480 $ 9,888 Mag Card Operator 824 $ 860 Yr. $ 8,376 $ Sr. Library Clerk $ 9,096 $ 9,480 $ 9,888 Program Supervisor I 4. Bus Driver Police Dispatcher Maintenance Worker II (Maintenance Wkr., Refuse Crew Chf., Meter Repair Wkr., Asst. Treatment Plant Oper.) Transit Dispatcher Hr. $ 4.03 $ 4.20 $ 4.37 $ 4.56 $ 4.75 $ 4.96 Mo. $ 698 $ 728 $ 758 $ 790 $ 824 $ 860 Yr. $ 8,376 $ 8,736 $ 9,096 $ 9,480 $ 9,888 $10,320 41113 Pay 6 -Month Annual $ 4.56 $ 4.75 $ 4.96 $ 5.17 Range Review Review Mo. $ 758 $ 790 $ 824 $ 860 # Step Step Step Step Step Step Title A B C D E F 5. Library Assistant Hr. $ 4.20 $ 4.37 $ 4.56 $ 4.75 $ 4.96 $ 5.17 Mo. $ 728 $ 758 $ 790 $ 824 $ 860 $ 896 Yr. $ 8,736 $ 9,096 $ 9,480 $ 9,888 $10,320 $10,752 Secretary Hr. $ 4.37 $ 4.56 $ 4.75 $ 4.96 $ 5.17 $ 5.40 Senior Account Clerk Mo. $ 758 $ 790 $ 824 $ 860 $ 896 $ 936 Buyer Yr. $ 9,096 $ 9,480 $ 9,888 $10,320 $10,752 $11,232 Maintenance Worker III $ 9,480 $ 9,888 $10,320 $10,752 (Sr. Maintenance Wkr., Bldg. $11,712 (Engineering Aide, Engineer- Maintenance Leader, Park ing Tech., Draft Tech., Maintenance Leader, Asst. Mechanic, Asst. Elec., Heavy Planning Tech.) Equip. Operator) Mechanic I Treatment Plant Operator I Deputy City Clerk Hr. $ 4.75 $ 4.96 $ 5.17 Senior Bus Driver $ 5.63 $ 5.88 Secretary to City Manager Mo. $ 824 Recreation Program Supervisor Hr. $ 4.56 $ 4.75 $ 4.96 $ 5.17 $ 5.40 $ 5.63 Therapeutic Recr. Specialist Mo. $ 790 $ 824 $ 860 $ 896 $ 936 $ 976 Technical Assistant Yr. $ 9,480 $ 9,888 $10,320 $10,752 $11,232 $11,712 (Engineering Aide, Engineer- ing Tech., Draft Tech., Planning Tech.) Mechanic I Hr. $ 4.75 $ 4.96 $ 5.17 $ 5.40 $ 5.63 $ 5.88 Secretary to City Manager Mo. $ 824 $ 860 $ 896 $ 936 $ 976 $ 1,020 Senior Maintenance Worker Yr. $ 9,888 $10,320 $10,752 $11,232 $11,712 $12,240 (Water Distribution Supr., Sewer Maint. Supr., Cemetery Supr., Water Service Supr., Asst. Refuse Superintendent) Electrician Mechanic II 4/a// Pay 6 -Month Annual $ 5.40 $ 5.63 $ 5.88 $ 6.16 Range Review Review $ 896 $ 936 $ 976 $ 1,020 # Step Step Step Step Step Step Title A B C D E F 9. Civil Rights Specialist Hr. $ 4.96 $ 5.17 $ 5.40 $ 5.63 $ 5.88 $ 6.16 Senior Mechanic Mo. $ 860 $ 896 $ 936 $ 976 $ 1,020 $ 1,068 Sr. Treatment Plant Operator Yr. $10,320 $10,752 $11,232 $11,712 $12,240 $12,816 Redevelopment/Housing Spec. $11,232 $11,712 $12,240 $12,816 $13,344 $13,944 (Relocation Advisor, Leased Housing Spec., Property Mgr., Librarian II Housing Inspector) Rehabilitation Construction Spec. Librarian I Accountant Laboratory Technician Rehabilitation Finance Spec. Rehab. Spec./Housing Inspector 10. Hr. $ 5.17 $ 5.40 $ 5.63 $ 5.88 $ 6.16 $ 6.42 Inspector Mo. $ 896 $ 936 $ 976 $ 1,020 $ 1,068 $ 1,112 (Building, Electrical, Yr. $10,752 $11,232 $11,712 $12,240 $12,816 $13,344 Plumbing) 11. Senior Engineering Tech. Hr. $ 5.40 $ 5.63 $ 5.88 $ 6.16 $ 6.42 $ 6.70 (Chief Construction Insp, Mo. $ 936 $ 976 $ 1,020 $ 1,068 $ 1,112 $ 11162 Surveying Party Chief) Yr. $11,232 $11,712 $12,240 $12,816 $13,344 $13,944 Assistant Planner Librarian II Rehabilitation Construction Spec. Accountant 12. Hr. $ 5.88 $ 6.16 $ 6.42 $ 6.70 $ 7.00 $ 7.29 Mo. $ 1,020 $ 1,068 $ 1,112 $ 1,162 $ 1,214 $ 1,264 Yr. $12,240 $12,816 $13,344 $13,944 $14,568 $15,168 13. Associate Planner Hr. $ 6.16 $ 6.42 $ 6.70 $ 7.00 $ 7.29 $ 7.58 Civil Engineer Mo. $ 1,068 $ 1,112 $ 1,162 $ 1,214 $ 1,264 $ 1,314 Sr. Librarian Yr. $12,816 $13,344 $13,944 $14,568 $15,168 $15,768 FY 78 Quarterly Escalator for Ranges 1-13 Cost of living for July 1, 1977, as provided in the AFSCME contract will be calculated as follows: General Unit Library Unit Total Salaries Annualized $ 1,808,582.00 $ 136,439.00 $ 1, 5 ,0210 $8,841.00 Average Annual Salary 12 = Base salary to adjust each quarter # Employees 203 17 _ $8,841.00 736.75 base salary +70.00 COL 7/1/77 $-8-6-6 —.7 The percentage of change in the Consumers Price Index for March, April and May, 1977 will be multiplied by the $806.75 base salary to obtain a flat dollar amount. The flat dollar amount will then be added to or substracted from the monthly salary of each step of the pay plan attached. This procedure will be followed to adjust the pay plan July 1, 1977, October 1, 1977, January 1, 1978 and April 1, 1978. yW ADMINISTRATIVE PAY PLAN July 1, 1977 Program Coordinator Block Grant Program Coordinator Redevelopment Traffic Control Superintendent Refuse Superintendent Cemetery/Forestry Superintendent Parking System Supervisor Street Superintendent Park Superintendent Equipment Superintendent Administrative Assistant Librarian -Children's Services/Adult Services Personnel Specialist Recreation Superintendent Treasurer Traffic Engineer Assistant to City Engineer Purchasing Agent Controller Transit Manager Housing Coordinator Senior Planner Assistant City Attorney Group IV 1300 1870 Pollution Control Superintendent Water Superintendent Assistant City Engineer Group V 1430 2150 City Engineer yy7 MIN MAX Group I 875 1125 Animal Control Supervisor Library Technical Services Supervisor Library Circulation Services Supervisor Group II 1050 1950 Housing Rehabilitation Supervisor Senior Building Inspector Senior Housing Inspector Assistant Superintendent Group III 1100 1650 Program Coordinator Block Grant Program Coordinator Redevelopment Traffic Control Superintendent Refuse Superintendent Cemetery/Forestry Superintendent Parking System Supervisor Street Superintendent Park Superintendent Equipment Superintendent Administrative Assistant Librarian -Children's Services/Adult Services Personnel Specialist Recreation Superintendent Treasurer Traffic Engineer Assistant to City Engineer Purchasing Agent Controller Transit Manager Housing Coordinator Senior Planner Assistant City Attorney Group IV 1300 1870 Pollution Control Superintendent Water Superintendent Assistant City Engineer Group V 1430 2150 City Engineer yy7 cont. Group VI MIN MAX 1590 2385 Public Works Director Finance Director Community Development Director Police Chief Fire Chief Human Relations Director Library Director Parks and Recreation Director Housing and Inspection Services Director/Building Official Unclassified City Clerk City Manager City Attorney yy� CLASSIFICATION PLAN POLICE AND FIRE DEPARTMENTS EFFECTIVE JULY 1$ 1977 18 MONTH REVIEW TITLE STEP Officer $ 875 $ 2050 $ 1155 $ 1240 MINIMUM - MAXIMUM Sergeant $ 1263 $ 1370 Captain $ 1370 $ 1477 Asst. Chief $ 1477 $ 1659 Chief $ 1659 $ 2262 6 MONTH REVIEW ANNUAL REVIEW TITLE STEP A STEP B STEP C STEP D STEP E STEP F Firefighter $ 891 $ 930 $ 971 $ 1011 $ 1056 $ 1102 Fire Lieutenant $ 1102 $ 1152 $ 1206 Fire Captain $ 1206 $ 1256 $ 1313 MINIMUM MID -POINT MAXIMUM Fire Battalion Chief; Fire Marshall/ - Training Officer $ 1313 $ 1501 Chief $ 1501 $ 1926 y�19 PAY PLAN FOR TIIdPORARY/SUMMER EeLOYEES EFFECTIVE JULY 1, 1977 �uD;: tl D. Technical Aide . . . . . . . . . . . . . . $2.50 - 4.00/hr (range) (internships, administrative, engineering, planning) Interns/Professional Aide . . . . . . . . . . . . . . . . $3.00 - 5.00/hr (have special skills or training) Clerical Aide . . . . . . . . . . . . . . . . . . $2.30 - 3.25/hr (cashier, receptionist, tem. replacement, limited assignment, special project) Laborer. . . . . . . . . . . . . . . . . . . $2.30 - 3.00/hr (temp. seasonal, partial assignment) LEISURE/CULTURAL CLASSIFICATIONS: 1. A. Recreation Aide . . . . . . . . . . . . . . . . . . $2.00 - 2.30/hr B. Recreation Leader . . . . . . . . . . . . . . . . . $2.30 - 3.15/hr C. Recreation Supervisor . . . . . . . . . . . . . . . $2.75 - 3.75/hr 2. A. Lifeguard . . . . . . . . . . . . . . . . . . . . . $2.30 - 2.60/hr B. Swimming Pool Manager . . . . . . . . . . . . . . . $2.75 - 4.00/hr 3. A. Scorekeeper . . . . . . . . . . . . . . . . . . . . $2.30 - 2.60/game B. Sports Official . . . . . . . . . . . . . . . . . . $2.90 - 7.50/game 4. A. Instructor. . . . . . . . . . . . . . . $2.70 - 8.40/lesson (based on length of lesson for up to 20 students) B. Coordinator . . . . . . . . . . . . . . . . . . . . $3.80 - 4.40/hr �S� 77-216 ktAA--e"�-�'0'"' RESOLUTION N0. ' RESOLUTION uN UNCLASSIFIED SALARIES AND COMr,r,.iATION FOR FISCAL YEAR 1978 BEGINNING JULY 1, 1977 WHEREAS, the City of Iowa City, Iowa, employs certain personnel subject solely to the action of the City Council referred to as unclassified personnel, and WHEREAS, it is necessary to establish salaries for the said unclassified personnel, NOW, THEREFORE, BE IT RESOLVED by the City Council of Iowa City, Iowa, that the following positions shall receive as salary compensation that amount which is set forth in lieu of all other fees and compensation except as otherwise provided by law, and where said officer or employee shall receive or collect any fees or other compensation from others for services as such officer and employee, the same shall be paid to the City Treasury. BE IT FURTHER RESOLVED by the City Council of the City of Iowa City, Iowa, that the following salaries are hereby established for the following persons effective July 1, 1977: City Attorney -$37.50 hourly for all legal work, except litigation $42.50 -hourly for litigation City Clerk - $ 16,080 annually City Manager - $ 32,400 annually It was moved by Perret and seconded by Foster that the Resolution as read be adopted and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x deProsse X Foster , _ x Neuhauser x Perret x Selzer X Vevera Passed and approved this 21st day of June Mayor Pro Tem ATTEST: (&-- City Clerk 1977. RECEIVED & APPRO:'^D BY THE LEGAL DEPARTta,iT ys 77 / 17 1977 The Council of Iowa City, Iowa, met on the above data, in regular session, pursuant to law and the rules of said Council and in accordance with the terms of a Notice of Meeting, a copy of which was served on each member of the Council and accepted in writing by each member thereof, said Notice of Meeting being as follows: NOTICE June 28 , 1977 TO: John Balmer Carol deProsse L. P. Foster, Mary Neuhauser, David Perret, Max Selzer, Robert Vevera Council Members Iowa City, Iowa You are hereby notified that a meeting of the above Cor I will be held on the 28th day of June s , 19" at the Council Chamber - Civ c Center, Iowa City, Iowa, at 1:0o o'clock for the purpose of adopting a Resolution Directing the Sale of $3,015,000 General Obligation Bonds (For An Essential Corporate Purpose), and for such other business in connection therewith as may come before the meeting. Respectfully submitted, ___-L -►Sha Mayor Service of the foregoing notice is hereby acknowledged: S/John Balmer S/Carol deProsse S/L. P. Foster S/Mary Neuhauser S/David Ferret Selzer ert Vevera -1- AHLERS. COONEY. DORWEILER. HAYNIE a SMITH. LAWYERS. DES MOINES. IOWA 1/i/5"2 The meeting was called to order by Mayor Neuhauser , Mayor, and on roll call the following Council Members were present: Balmer, deProsse, Foster, Neuhauser, parrpf, Vevera Absent: Selzer The Mayor announced that this being the time and place for the opening of bids for the sale of $3,015,000 General Obligation Bonds (For An Essential Corporate Purpose), the meeting was thrown open for the receipt of bids for said bonds. The following sealed bids were received and not opened: Name & Address of Bidders: Carleton D. Beh Co., Des Moines; United California Bank, Los Angeles, Calif.; and Mercantile Trust Co., St. Louis, Mo. Continental Illinois National Bank and Trust Company of Chicago and Bache Halsey Stuart, Inc. and Associates The First National Bank of Chicago and Associates Harris Trust and Savings Bank and Iowa -Des Moines National Bank and Associates The Northern Trust Company, Chicago, and Associates Open bids were then called for and the best open bid received was as follows: Name & Address of Bidder: None _ Net Interest Rate: Net Interest Cost: Whereupon, the sealed bids were opened and the best sealed bid was as follows: Name & Address of Bidder: Carleton D. Beh Co., Des Moines, United California Bank, Los Angeles, ualir,, & Mercanti e rust Co. Net Interest Rate: 4.2356% St. Louis, Mo. Net Interest Cost: Par and accrued interest plus a premium of $874.75 Net interest cost: $977,580.25 -2- AHLERS. COONEY. DORWEILER• HAYNIE 6 SMITH. LAWYERS, DEs MOINES. IOWA y5:-� Council Member deProsse introduced the following Resolution entitled "RESOLUTION DIRECTING SALE OF $3,015,000 GENERAL OBLIGATION BONDS (FOR AN ESSENTIAL CORPORATE PURPOSE)", and moved its adoption. Council Member Perret seconded the motion to adopt. The roll was called and the vote was, AYES: Balmer, deProsse, Foster Neuhauser, Perret, Vevera NAYS: None ABSENT: Selzer Whereupon, the Mayor declared the following Resolution duly adopted: RESOLUTION NO. 77-217 RESOLUTION DIRECTING SALE OF $3,015,000 GENERAL OBLIGATION BONDS (FOR AN ESSENTIAL CORPORATE PURPOSE) WHEREAS, pursuant to notice as required by law, bids have been received at public sale for the bonds described as follows and the best bid received is determined to be the following: $3,015,000 GENERAL OBLIGATION BONDS (FOR AN ESSENTIAL CORPORATE PURPOSE: Carleton D. Beh Co. Des Moines Bidder: United California Bank Of Los Angeles Mercantile Trust Co. St. Louis the terms of said bid being: Par and accrued interest plus a premium of $874.75 Interest rates:- 4.108 1979-1986 incl. 4.40% 1987-1989 incl. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: Section 1. That the bid for the bonds as above set out is hereby determined to be the best and most favorable bid received and, said bonds are hereby awarded based on said bid. Section 2. That the form of contract for the sale of said bonds is hereby approved and the Mayor and Clerk are hereby authorized to execute the same on behalf of the City. -3- AHLERS. GOONEY. DORWEILER. HAYNIE 6 SMITH, LAWYERS. DES MOINES. IOWA �s� PASSED AND APPROVED, this 28th day of June 1977. May ATTEST: Clerk -4- AHLERS. GOONEY. DORWEILER. HAYNIE&SM ITH. LAWYERS. DES MOINES. IOWA FffSO=CN No. 77-218 fmso riw AVl omzING E7¢X,'U1ZCN OF AGREEMENT FOR ENGINEERING/ARCHITECTURAL SERVICES WITH ASSOCIATED ENGINEERS INC. WHEI7AS, the City of Iowa City, Iowa, has negotiated aN agreement with Associated Engineers Inc. , a copy of said agreement being at to s lasso u s reference made a part hereof, and, WHEREAS, the City Council deems it in the public interest to enter into said agreement for design and construction supervision of all elements of the College/Dubuque Street Pedestrian Mall. This includes a subagreement with Sasaki Associates for landscape architectural aspects. • I '1 DI • '� :1 '1� • �• : I M •• 1. That the Mayor and City Clerk are hereby authorized and directed to execute the agreement with Associated Engineers Inc. 2. That the City Clerk shall furnish copies of said agreement to any citizen requesting same. It was moved by Foster and seconded by Perret the Resolution be adopted, an upon roll call there were: AYES: NAYS: ABSENT: X Balmer X deProsse X Foster X Neuhauser X Ferret X Selzer .�T X Vevera Passed and approved this 28th day of June , 1977• Mayor Ro 7EM ATn=: City Clerk Received 3 Approved By Th a Legi Peparlment llS6 AGREEMENT This Agreement, made and entered into this day of 1977, by and between the City of Iowa City, a municipal corporation, hereinafter referred to as the City and Associated Engineers, Inc. hereinafter referred to as the Consultant. NOW, THEREFORE, it is hereby agreed by and between the parties hereto that the CITY does retain and employ the said Consultant to act for and represent it in all matters involved in the terms of this AGREEMENT. Such contract of employment to be subject to the following terms and conditions and stipulations. ARTICLE I. SCOPE OF SERVICES Section I. For and in consideration of the covenants herein contained the Consultant hereby covenants and agrees to perform di- ligently as an independent contractor the necessary professional services hereinafter described. in accordance with the highest pro- fessional standards customarily obtained for such services in the State of Iowa. The services to be performed by the Consultant here- under shall include all necessary planning, design, preparing estimates and engineering work for the design and construction of the College/ Dubuque Mall as shown on Attachment B. attached hereto and incorporated herein for all purposes incident to this contract. The Consultant shall retain as Landscape Architect . the firm of Sasaki Associates, Inc. of Watertown, Massachusetts. The firm of Sasaki Associates, Inc. shall be retained by the Consultant for purposes of aiding the Con- sultant in conceptual design, using to the greatest practical extent Sasaki's expertise in providing a Functional mall plan. The exact work effort responsibility shall be negotiated between the Consultant and Sasaki Associates, Inc. in the form of a sub -agreement which is attached hereto as Attachment "A", and hereby made 'a part of this Agreement. It is understood and agreed that the Consultant shall be primarily responsible to City for the performance of the entire project described herein, including all professional services to be performed by Sasaki Associates, Inc. Section 2. The services to be performed by the Consultant shall consist of the following: A. Prepare alternate levels of treatment and alternate cost levels to enable City Council to establish project budget; Received & Approved By The Legal /Department yS7 a�i� � B. Site Plan for the College/Dubuque Mall and area; C. Plans and specifications for the construction of the Mall including all proposed underground city utilities except water mains; and D. Inspection services as described in subsequent sections of this instrument. The Consultant shall be responsible for the design of the College/Dubuque Mall such that the total construction cost shall not exceed $1,500,000.00 assuming that construction bids are taken by September, 1977. If the lowest bona fide bid exceeds the amount of $1,550,000.00 the City shall, at its sole option and discretion, (1) give written approval of an increase in such limit, (2) authorize rebidding the project within a reasonable time, or (3) cooperate in revising the project scope and quality as required to reduce the probable con- struction cost. In case of (3), the Consultant and its Design Consultant, without additional charge, shall modify the drawings and specifications as necessary to bring the construction cost within the fixed limit. The Consultant shall confer with the City regarding the Mall design as required by the City and make site inspections as necessary. The City shall require the Consultant to make available to Sasaki Associates, Inc., all relevant information and documents about the project and site. Section 3. For the purposes of this Agreement, the specific person of Jack E. Leaman shall be in charge as the project manager for the Consultant. Furthermore, the sub -agreement between the Consultant and Sasaki Associates, Inc. shall so state that the specific person of Stuart Dawson shall be the controlling project liaison for the firm of Sasaki Associates, Inc. It is understood that the City has retained the firm of Zuchelli Hunter, and Associates to assist the City with Urban Renewal land disposition. The firm of Zuchelli, Hunter and Associates has primary responsibility for guidance in matters relating to factors which influence land marketing. -2- Zuchelli, Hunter and Associates will review the schematic Designs and developed design for impact on marketing and will advise the City regarding such impact. Re- visions may be required by the City, based on such review. The specific individual who will serve as liaison between Zuchelli, Hunter and Associates and the Consultant shall be the City Redevelop- ment Coordinator. The Redevelopment Coordinator shall also serve as principle liaison between the Consultant and the City Manager/ City Council in matters dealing with finance and marketing. All other contract administration matters will be managed by the City Engineer. Section 4. The Site Plan for the College/Dubuque Mall shall be accomplished as follows: A. Schematic Designs and estimated construction, operation and maintenance costs shall be submitted to the City for review and approval. The level of detail and supplemental drawings and information shall be sufficient for the City officials and staff to perceive the plan and design features. In addition, rough sketches, drawings, or photos of model concepts (if appropriate) shall be presented to convey the "thought process" or "design evolution" followed to arrive at the recommended design concept. These sketches and draw- ings or photos should not be especially rendered, drawn to scale, mounted, framed or formalized in any way. Rather they should be presented in the form used in the design process. The design concepts shall reflect consideration of any pre- viously furnished design criteria, and preliminary cost estimates shall indicate that the College/Dubuque Mall can be constructed within the budget. B. ,The Consultant shall recognize the existance of the Design Review Committee, -which has been specifically formed by City Council to review projects of this nature. At an appropriate time during development of the Schematic Design and at written direction from the City, the Consultant shall present the designs to the Design Review Committee. The Design Review Committee does not have specific approval rights of the project but shall make its recommendations known to the City Manager. -3 C. Upon approval of a schematic design, the Consultant shall prepare a final Site Plan of the College/Dubuque Mall along with detailed cost estimates of construction, operation and maintenance, This Plan shall be submitted to the City for review and approval. The Consultant shall submit a plan and supplemental information for the purpose of fixing and describing the character of the project with respect to materials, topography, typical methods of construction, structural, mechanical and electrical systems, and all other essential design features. The plans and information -shall include-, but not be limited to, the following: 1. 1" = 20' scale site plan of the Mall, as defined by Attachment 'B'. 2. One, 1" = 20' horizontal scale '(1" = 20' vertical) cross-section of the Mall, 3. -Sketch details as required to show typical con- struction techniques, materials, paving types, Mall furniture and' other key, features.. All of the above Anformation shall be formally pre- sented to City officials and staff for approval. The Site Plan shall include all proposed landscape features, amenities and significant utilities, and shall be accompanied by a preliminary grading concept which through an adequate combination of proposed contours and spot elevations shall identify the vertical relationships of all key features. D. After approval of the Site Plan, the Consultant shall prepare plans and specifications for construction of the Mall in accordance with the approved Site Plan, 1. All of the above services shall be prepared in accor- dance with applicable design criteria and shall be subject to review by the City. 2. The Consultant shall attend preliminary conferences with authorized representatives of the City regarding the project and such other conferences as may be -.4 - y�67 necessary in the opinion of the City to assure that the plans and specifications whichare to be developed hereunder by the Consultant will result in providing facilities which are economical in design and conform to instructions from the City. 3. The Consultant shall attend such conferences with officials of other agencies as may be necessary in the opinion of the City for coordination of the proposed improvements with the requirements of such other agencies. It shall be the Consultant's duty hereunder to secure necessary information from such agencies. Coordination with the following agencies will be necessary: Iowa Illinois Gas and Electric, Northwestern Bell Telephone, and the University of Iowa. 4. The Consultant shall advise the City with regard to the necessity for special surveys, tests, test borings, or other subsurface investigations in connection with design and engineering work to be performed hereunder. The Consultant shall also advise the City concerning the results of same. Such surveys, tests, and in- vestigations shall be made only upon authorization by the City and the expense thereof shall be paid by the City. 5. The Consultant shall submit reproducible copies of plans for construction in preliminary form as may be necessary in the opinion of the City for review by the City and for submission to utility companies and other agencies for the purposes of coordinating work with existing utilities. 6. The Consultant shall furnish original detailed contract drawings and specifications for reproduction by the City for use in obtaining bids, awarding contracts, constructing and completing the proposed improvements. The plans shall include the location of the existing utilities based on available information. 7. The Consultant shall secure the approval of the City of the final plans and specifications. Evidence of such -5- 1 approval shall be the signature of authorized City officials inscribed on the plans. All contract documents shall comply in all respects with all applicable local, state and federal laws and with all applicable rules and regulations promulgated by all local, state and national boards, bureaus and agencies. Approval by the City shall not constitute or be deemed to be a release of the responsibility and liability of the Consultant, their agents, employees and subcontractors for the accuracy and competency of their designs, working drawings and specifications or other engineering documents. 8. The Consultant shall assist in the tabulation and review of all bids received for the construction of the improvements, and shall make recommendations to the City concerning these bids. 9. The original drawings of all plans shall be drawn on approved plastic -film sheets, or as otherwise approved by the City Engineer and shall become the property of the City after being corrected to show "as built" conditi.ons. 10. The Consultant shall provide detailed inspection of the work in progress at a regularity to ensure the work is done in compliance with the plans and specifications. During certain phrases of the project, this will require resident inspection. The Consultant's undertaking shall not relieve the -construction contractors of their ob- ligation to perform the work in conformity with the plans and specifications and in a workman like manner. The Consultant will interpret the intent of the plans and specifications to protect the City against defects and deficiencies in construction on the part of the contractors. 11. The Consultant shall provide base line information as required such that the potential contractor can perform the work in the College/Dubuque Mall. This work may include but not limited to setting line and grade for sanitary and storm sewer work and vertical and horizontal control of the surface improvements. r6r 12. The Consultant's work shall specifically exclude the following: a. Advertising the contract for bid and printing, publication and distribution of contract documents and addenda to prospective bidders; b. Receipt of bids and opening of bids. E. Upon request, the Consultant agrees to furnish special services. Such special services may include (1) soils in- vestigation including test borings, related analysis, and recommendations; (2) land surveys, establishment of bound- aries; (3) assistance to the client as expert witness in litigation arising from the development or construction of the project and in hearings before various approving and regulatory agencies. ARTICLE II. TIME OF PERFORMANCE It is understood that the Consultant is presently performing work on this project under interim expenditure authorization. Upon execution of this instrument, the Consultant shall undertake to complete the parameters of this Agreement in such a sequence as to assure their expeditious completion. It is anticipated that a logical sequence of events to assure completion of the project may be to devise two construction contracts. One being all under ground improvements, and the other being the remainder of the project. Final plans, specifications, and contract documents for under ground improvements which will include storm sewer and sanitary sewer work shall be submitted to the City not later than May 10, 1977. The final Site Plan for the surface improvements shall be submitted to the City not later than July �,y, 1977. The final plans, specifi- cations and contract documents for all phases of the project ex- cluding storm sewer and sanitary sewer work shall be submitted to the City not later than thirty (30) days after approval of final Site plan by the City. ARTICLE III. GENERAL TERMS 1. This Agreement and each and every portion thereof shall be binding upon the successors and the assigns of the parties hereto. Provided, however, that no assignment shall be made without the written consent of all parties to said Agreement. -7- 2. It is understood and agreed that the employment of the Consultant by the City for the purposes of said project shall be exclusive, but the Consultant shall have the right to employ such assistance as may be required for the performance of the project. Said Consultant shall be responsible for the compensation, insurance and all clerical detail involved in their employment. 3. It is agreed by the City that all records and files pertaining to information needed for said project will be made available by the City upon request of the Consultant. The City agrees to furnish all reasonable assistance in the use of these records and files. 4. It is further agreed that no party to this Agreement will perform contrary to any State, Federal or County law or any of the Ordinances of the City of Iowa City, Iowa. 5. It is further agreed that in the event of any disagreement as to the meaning or scope of this Agreement that cannot be worked out to the mutual satisfaction of both parties concerned, the disagree- ment shall be referred to a three member arbitration panel with one member selected by the City, one selected by the Consultant and the third to be selected by the two arbitrators. Each party will be finally and fully bound by the decision of the arbitration panel and said panel shall have full authority to allocate the cost of such arbitration between the parties. Nothing herein shall be construed as preventing subsequent appeal to a court of law from the decision of -the arbitrators but such cost and expenses of said appeal shall be borne by the appealing party. 6. The Consultant agrees to furnish, upon termination of this Agreement and upon demand by the City, copies of all basic notes and sketches, charts, computations and any other data prepared or obtained by the Consultant pursuant to this Agreement, without the cost and without restriction or limitation as to their use. 7. The Consultant agrees to furnish all reports and/or drawings with the seal of a Professional Engineer or Architect affixed thereto where such seal is required by law. S. The City agrees to tender to the Consultant all fees and money in accordance with the schedule that follows except that failure by the Consultant to satisfactorily perform in accordance with this Agreement shall constitute grounds for the City to withhold payment in the amount sufficient to properly complete the project in accordance with this Agreement. 9. Should any section of this contract be found to be invalid, it is agreed that all other sections shall remain in full force and effect as though severable from the part invalid. 10. Records of the Consultant's Direct Personnel Consultant and Reimbursable Expenses pertaining to the Project, and records of accounts between the Owner and the Contractor, shall be kept on a generally recovnized accounting basis and shall be avialable to the Owner or his authorized representative at mutually convenient times. 11. All reimbursable outside expenses shall include actual expendi- tures made by the Consultant, his employees, or his consultants in the interest of the Project for the following incidental ex- penses listed: a. Expense of transportation and living when traveling in connection with the Project, for long distance calls, and telegrams for extraordinary work requested by the Owner. b. Expense of reproduction, postage and handling of Drawings and Specifications, excluding copies for Consultant's office use and duplicate sets at each phase for the Owner's review and approval; and fees paid for securing approval of authorities having jurisdiction over the project. c. Fees paid by the__ Consultant for special consultants employed with City's approval. 12. The Consultant and Design Consultant shall have publication rights to all material produced by the Consultant and its Consultants consistent with all applicable legal requirements and shall be entitled to retain reproducible copies of all work performed hereunder. 13. Approvals by the City shall not be deemed to be an assumption of responsibility and liability by the City for any defect in the designs, working drawings and specifications or other engineering documents prepared by the Consultant and/or Design Consultant, their agents, employees and other subcontractors, it being the intent of the parties that approval of the City signifies the -9- yGJ, City's approval of only the general design concept of the improve- ments to be constructed. The Consultant covenants and agrees to and does hereby indemnify and hold harmless the City, its officers, agents and employees from any loss, damages, liability or expense on account of damage to property and/or injuries (including death) to any person or persons, including employees or agents of the Consultant and/or Design Consultant, which might arise out of any negligence of the Consultant and/or Design Consultant, their employees or agents, or out of any defect or deficiency in Consultant's and/or Design Consultant's des i•gns,.working drawings, specifications or other engineering documents incorporated into any improvements constructed in accordance herewith. The Consultant shall defend at its expense any suit or other proceedings brought against the City or its officers, agents or employees on account thereof and shall pay all expenses and satisfy all judgments which may be incurred by or rendered against- City --or its -officers agents or employees --in connection herewith; providing and except, however, that this deficiency provision shall not be construed as requiring the Consultant to indemnify or hold harmless the City, its officers, agents or employees from loss, damages, liability or expense on account of damage to property or personal injury, including death, arising out of negligence of the City, its officers, agents or employees, including, but not limited to, defects or deficiencies in design criteria and information furnished to the Consultant by the City and which the Consultant could not discover. by the exercise -of reasonable diligence, or deviations by the contractor in construction from the Consultant's and/or Design. Consultant's designs, working drawings, specifications or other engineering documents except such deviations as might occur with the approval of the Consultant and/or Design Consultant or during the performance of work over which the Consultant has supervision. 14. Other terms and conditions to this Agreement are as shown in Attachment "C" which consists of Federal Form HUD 621B which is hereby made a part of this Agreement. -10- 7�� ARTICLE IV. COMPENSATION 1. The City agrees to pay the Consultant for the services stipulated on the basis of the following fees: a. The Consultant shall be paid a fee based on direct hourly charge out rates which are shown as Exhibit "D". By this reference Exhibit "D" is made a part of this Agreement. These hourly rates shall be in effect for all phases of the project from design through resident inspection as required by the City, including special services Article I, Section E. Requests for payments shall be submitted showing the name of the individual as well as the title as shown on Exhibit "D". b. Reimbursable outside expenses shall be paid, based on the Consultant's actual expenditures, at cost. Re- imbursable outside expenses shall include fees paid by the Consultant based on the subagreement (Attachment "A"), to Sasaki -Associates, Inc. To define travel expenses when using privately owned automobiles, fifteen centes per mile shall be used for actual costs for computation purposes. For the purposes of this document, all travel and living expenses shall be computed based on origination from Cedar Rapids, Iowa. c. The maximum number of meetings anticipated which the Consultant will be required to attend is twelve (12). For the purpose of this document, any meetings required by the City beyond the twelve anticipated shall be.paid by the City at the rates herein specified and shall be allowed to be in excess of the not to exceed fee herein specified as necessary. 2. It is expressly understood and agreed that in no event will the total compensation and reimbursement, except as modified herein, to be paid hereunder exceed the maximum sum of $250,000.00 for all of the services required, excluding special services under Article I, Section E. As a further refinement, the following shall also apply: a. In no event shall the total compensation for design aspects of this agreement exceed .$150,000.00; and b. In no event shall the total compensation for inspection services encompassed in this agreement exceed $100,000.00. For the purpose of this agreement and to further define the not to exceed fees, design services shall include those items en- compassed within the three phase category of Basic Services as defined in the 1972 Suggested Guide for Selection and Compensation of Consulting Engineers and Land Surveyors (Guide). Furthermore, inspection services shall include all those aspects as listed under the definition of Resident Services in the Guide where such does not conflict with other provisions of this instrument. Under- ground improvements shall be contracted separately from surface improvements, therefore the Consultant shall diligently itemize which services are being performed on each fee statement, since design as well as inspection services may well occur simultaneously. 3. Fees will be due and payable monthly. Accompanying each monthly fee statement, the consultant shall provide a short narrative describing the consultant's status and ability to complete the project within the budgeted limits. 4. All provisions of the Agreement where not specifically defined shall be reconciled in accordance with the highest ideals of the Engineering profession and the Code of Ethics therefore as set forth in the 1972 Suggested Guide for Selection and Compensation of Consulting Engineers and Land Surveyors, published by the Iowa Engineering Society and the Consulting Engineers Council of Iowa; and/or those professional ideals as established in the 1964 edition of the Standards of Professional Practice, AIA Doc No. J330. ARTICLE V. AUTHORIZATION NOTICE The City warrants to the Consultant that the City is fully authorized and empowered by its City Council to contract with the Consultant under this Agreement. The City further warrants (1) that it has satisfied bidding and other legal preconditions to consummating this Agreement as a binding contract between the parties and (2) that the City has funds which are currently avail- able and duly allocated to fulfill the City's financial obligations under this Agreement. -12- /gf ARTICLE VI. LATIRE AGREEMENT. This Agreement embodies the entire agreement between the Con- sultant and the City. The Consultant represents that in entering this Agreement it does not rely on any previous oral or implied representation, inducements or understanding of any kind or nature. ARTICLE VII. BENEFIT OF AGREEMENT This Agreement is binding upon and shall insure to the benefit of the parties hereto and their heirs, successors, and permitted assigns. ARTICLE VIII. VENUE Venue of any suit or cause of action under this contract shall lie in Johnson County, Iowa. IN WITNESS WHEREOF, the parties hereby have executed this Agreement in triplicate originals on this date, the -Z;F/Gt day of jezl f- , 1977. STATE OF IOWA ) ) SS COUNTY OF a notary public in and for sa' cpn y in he state aforesaid, do hereby certify that y , and , /to me pernso lly know t be president and secretary respectively of �,c�E- 6"Mi a corporation, and also known to me to be the persons whose na es al -e subscribed to the foregoing instrument, appeared before me this day in person and acknowledged that as such president and secretary respectively they signed, sealed, and delivered the said instrument as the free and voluntary act of said corporation, for the uses and purposes therein set forth, and that they were duly authorized to execute the same by the board of directors of said corporation. Given under my hand and notarial seal this day of � 19—Z— My commission expires To , 19� I: .. FOR E CITY: I ATTEST: f -r/ City Cler y�9 STREET WISH/NGTON BURL/NGTON ��--' STREET Concept $ Site Planning Area - All public right-of-way within dashed boundaries Actual Construction Area (Face to face of buildings) ATTACHMENT "B" y;7o V, Lk ! F U. S. DE' 'MENT OF HOUSING AND URBAN DE iPMENT HUD -021e RENEWAL ASSISTANCE ADMINISTRATION (7-69) CONTRACT FOR PROFESSIONAL OR TECHNICAL SERVICES _ r - =.---- ---- - --- ---- - ----- Part II — Terms and Conditions 1. Termination of Contract for Cause. If, through any cause, the Contractor ¢hall fail to fulfill in timely and proper manner his obligations under this Contract, or if the Contractor shall violate any of -the covenants, 'agreements, or stipulations of this Contract, the Local Public Agency shall thereupon have tht r±S�it to terminate this Contract by giving written notice to the Contractor of such termination and specifying the effective date thereof, at least five days before the effective date of such termination. In such event, all finished or anfinisbed documents, data, studies, and reports prepared by the Contractor under this Contract shall, at the option of the Local Public Agency, become its property and the Contractor shall be entitled to receive dust and equitable compensation for any satisfactory work completed on ouch documents. Notwithstanding the above, the Contractor shall not be relieved of liability to the Local Public Agency for damages sustained by the Local Public Agency by virtue of any breach of the Contract by the Contractor, and the Local Public Agency ray withhold any payments to the Contractor for the purpose of setoff until such time as the exact amount of damages due the Local Public Agency from the Contractor is determined. 2. Termination for Convenience of Local Public Agency. The Local Public Agency nay terminate this Contract any time by a notice in writing from the Local Public Agency to the Contractor. If the Contract is terminated by the Local Public Agency as provided herein, the Contractor will be paid s}n a=ount which bears the nam ratio to the total compensation as the services actually performed bear to the total services of the Contractor covered by this Contract, lees payments of compensation previously made: Provided, however, that if less than oixty par cent of the services covered by this Contract have been performed upon the effects. -e date of such termination, the Contractor shall be reimbursed (in addition to the above payment) for that portion of the actual out-of-pocket expenses (not otherwise reimbursed under this Contract) incurred.by the Contractor during the Contract period which are directly attributable to the uncompleted portion of the services covered by this Contract. If this Contract is terminated due to the fault of the Contractor, Section 1 hereof relative to termination shall apply. 3. Changes. The Local Public Agency may, from time to time, request changes in the scope of the services of the Contractor to be performed hereunder. Such changes, including any increase or decrease in the amount of the Contractor's compensation, which are mutually agreed upon by and between the Local Public Agency and the Contractor, shall be incorporated in written amendments to this Contract. ATTACHMENT C'r N 5`7/ Nuoazie _ 2 _ • p-691 " 4. Personnel. a. The Contractor represents that he bas, or will secure at his ow expense, all personnel required in performing the services under this Contract. Such personnel shall not be employees of or. have any contractual relationship with the Local Public Agency. D. All the services required hereunder will be performed by the Contractor or under his supervision and all personnel engaged in the work shall be fully qualified and shall be authorized or permitted under State and local lav to perform such services. c. No person who is serving sentence in a penal or correctional institution shall be employed on work under this Contract. 5• Anti -Kickback Rules. Salaries of arcbitects, draftsmen, technical engineers, and technicians performing work under this Contract shall be paid unconditionally and not less often than once a month without deduction or rebate ca any account except only such payroll deductions as are mandatory by law or permitted by the applicable regulations issued by the Secretary of Labor pursuant to the "Anti -Kickback Act" of June 13, 1934 (48 Stat. 948; 62 Stat. 74o; 63 Stat. 108; title 18 U.S.C., section 874; and title 40 U.S.C., section 276c). The Contractor shall comply with all applicable "Anti -Kickback" regulations and shall insert appropriate provisions in all subcontracts covering work under this Contract to insure compliance by subcontractors with such regulations, and shall be responsible for the submission of affidavits required of subcontractors there- under e?ccept as the Secretary of Labor may specifically provide dor variations of or exemptions from the requirements thereof. 6. Withholding of Salariea. If, in the performance of this Contract, there is any underpayment of salaries y the Contractor or by any subcontractor there- under, the Local Public Agency shall withhold from the Contractor out of payments due to him an amount sufficient to pay to employees underpaid the difference between the salaries required hereby to be paid and the salaries actually paid such employees for the -total number of houre.vorked.. The amounts withheld shall be disbursed by the Local Public Agency for and on account of the Contractor or subcontractor to the respective employees to whoa they are due. 7. Claims and Disputes Pertaining to Salary Rates. Claims and disputes pertaining to salary rates or to classifications of architects, draftamen, technical. engineers, and technicians performing work under this Contract sball be promptly reported in writing by theContractor to the Local Public Agency . for the latter's decision which shall be final with respect thereto. B. Equal Employment opportunity. During the performance of this Contract, the Contractor agrees as follows: Is. The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection fes. _raining, including apprenticL___p. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Local Public Agency setting forth the provisions of, this nondiscrimination clause. . b. The Contractor will, 16 all solicitations or advertisements for employees. placed by or on behalf of the Contractor, state that all qualified applicants will receive. consideratton for employment without regard to race, color,':religion,;scx, or national origin. c. The Contractor vill cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Contract so that such provisions will be binding upon each subcontractor,'provided that the foregoing provisions shall not apply. to contracts orisubcontracts for standard commercial supplies or raw materials.:' v . 9. Discrimination Because of Certain'L"abor Matters: ` No person employed on the work covered by.this Contract shall be discharged or in any way discriminated againat because be has filed any complaint or instituted or caused to be instituted any proceeding or has testified or is about to testify in any proceeding under or relating to the labor standards applicable hereunder to his employer. 10. Compliance With Local Laws. The Contractor shall comply with all applicable lava, ordinances, and codes of the State and local governments, and shall commit no trespass on any public or private property in performing any of the work embraced by this Contract. 11. Subcontracting. None of the services covered by this Contract shall be subcontracted without the prior written consent of the Local Public Agency. The Contractor shall be as fully responsible to the Local Public Agency for the acts and omissions of his subcontractors, and of persons either directly or indirectly employed by them, as he is for the acts and omissions of persons directly employed by him. The Contractor shall insert in each subcontract appropriate provisions requiring- compliance with the labor standards provisions of this Contract. 12. Assignability. The Contractor shall not assign any interest in this Contract, and shall not transfer any interest in the same (whethe? by assignment or novation) without the prior written approval of the -Local Public Agency. Provided, however, that claims for money due or to become due the Contractor from the Local Public Agency under this Contract may be assigned to a bank, trust ccmpemy, or other financial institution, or to 6 Trustee in Bankruptcy, without such approval. Notice of any such assignment or transfer shall be furnished promptly to the Local Public Agency. 13. Interest of Members of Local Public Agency. No member of the governing body of the Local Public Agency, and no other officer, employee, or agent of the Local Public Agency who exercises any functions or responsibilities in coanectloa with the carrying out of the Project to which this Contract pertains, shall have say personal interest, direct or indirect, in this Contract. 14. Interest of Other Local Public Officials. No member of the governing body of the locality in which the Project Area is situated, and no other public official of such locality, who exercises any functions or responsibilities in the review or approval of the --carrying out of the Project -to which this Contract pertains, shall have any personal interest, direct or indirect, in this Contract. Y73 HOURLY CHARGE OUT RATES TITLE RATE PER HOUR Principal Engineers $30.00 Architects, Engineers & Landscape Architects - Area or Dept. Directors $29.00 Project Architects, Engineers $ Landscape Architects $27.00 Surveyors $21.00 Planners $21.00 Designers $21.00 Senior Technicians $18.00 Technicians $15.00 Engineering $ Administrative Aides $12.00 Office Technicians $13.00 Clerical $10.00 EXHIBIT "D" SUBCONTRACT WITH SASAKI ASSOCIATES, INC. FOR COLLEGE/DUBUQUE MALL IOWA CITY, IOWA PRIME CONTRACT BY AND BETWEEN ASSOCIATED ENGINEERS, INC. AND CITY OF IOWA CITY, IOWA (COPY ATTACHED) AjjgcNMENt A SUBCONTRACT AGREEMENT BY AND BETWEEN ASSOCIATED ENGINEERS, INC. AND SASAKI ASSOCIATES, INC. This agreement is entered into by and between Associated Engineers, Inc. hereinafter referred to as "AE", an Iowa corporation herein represented by Jack E. Leaman, and Sasaki Associates, Inc. herein- after referred to as "SA", a consulting firm located in Watertown, Massachusetts, herein represented by Stuart 0. Dawson. For and in consideration of the terms, conditions and stipulations hereinafter expressed, it is agreed and understood as follows: ARTICLE I SCOPE OF SERVICES Section 1. For the purposes of this Agreement, the specific person of Jack E. Leaman shall be in charge as the project manager for AE. The specific person of Stuart 0. Dawson shall be the controlling project liaison for SA. Section 2. SA, as subcontractor to AE in the conduct of the Iowa City College/Dubuque Mall Project, agrees and covenants to perform and provide the following services with diligence and in a workmanlike manner with a high degree of care to ensure the accuracy and timeliness thereof. Section 3. The Site Plan for the College/Dubuque Mall shall be accomplished as follows: A. Schematic Designs and estimated construction operation and maintenance costs shall be submitted to the City for review and approval. The level of detail and supplemental drawings and information shall be sufficient for the City officials and staff to per- ceive the plan and design features. In addition, rough sketches, drawings, or photos of model concepts (if appropriate) shall be presented to convey the "thought process" or "design evolution" followed to arrive at the recommended design concept. These sketches and drawings or photos should not be especially rendered, drawn to scale, mounted, framed IK71�; or formalized in any way. Rather they should be presented in the form used in the design process. The design concepts shall reflect consideration of any previously furnished design criteria, and preliminary cost estimates shall indicate that the College/Dubuque Mall can be constructed within the budget. The Schematic Design Phase will be shared by AE and SA as follows: AE 30% of phase -Traffic circulation plan -Demolition and site prep- aration -Street & sidewalk paving plan & sketch details -Street lighting & signal- ization study, plan & sketch details -Irrigation plan, if re- quired -Construction staging plan -Preparation of plan base sheets showing surface features, utilities & topo- graphy -Outline specifications for pavements, signalization, if required -Cost estimate for above -Field survey, borings, & utility investigation SA 70% of phase -Alternative design plans .& sections for College & Dubuque Streets -Street furniture; pedestrian lights -Special "focal point" feature(s), sketch plans & details -Planting plan -Outline specifications for street furniture, pedestrian lights, special feature and planting -Operation and maintenance plan -Cost estimate for above B. Upon City approval of the Schematic Design Phase, a final Site Plan of the College/Dubuque Mall along with detailed cost estimates of construction, operation and maintenance shall be prepared. This Plan shall also be submitted to the City for review and approval. The Design Develop- ment final Site Plan and supplemental information shall be submitted for the purpose of fixing and describing the character of the project with respect to materials, topography, typical methods of construction, structural, mechanical and electrical systems, and all other essen- tial design features. Drawings and information shall include, but not be limited to, the following: 1. 1" = 20' scale site plan of the Mall, as defined by Attachment "B". - 2 - 1/77 2. One, 1" - 20' horizontal scale (1" = 20' vertical) cross-section of the Mall. 3. Sketch details as required to show typical con- struction techniques, materials, paving types, Mall furniture and other kev features. All of the above information shall be formally presented to City officials and staff for approval. The Site Plan shall include all proposed landscape features, amenities, and significant utilities, and shall be accompanied by a preliminary grading concept which through an adequate combination of proposed contours and spot elevations shall identify the vertical relationships of all key features. The Design Development Phase will be shared by AE and SA as follows: AE 40% of phase -Utility plan and details -Surface drainage plan -Irrigation plan -Cost estimate for above -Construction staging plan SA 60% of phase -Design layout plan and details -Sketch details for street furniture, pedestrian lights, planting and special 'focal point" feature(s) -Operation and maintenance plan -Cost estimate for above Section 4. After City approval of the final Site Plan, plans and specifications for construction of the Mall shall be prepared in accordance with the approved Site Plan. The Construction Documents Phase will be shared by AE and SA as follows: AE 55% of phase -Utility plan and details -Grading plan -Street/sidewalk layout -Street & pedestrian light- ing plan with circuitry & details -Under sidewalk vault resolution plan & details -Heat & light for bus shelters or other feature (s) if needed -Irrigation plan & details -Specifications for above -Final cost estimate for above -Construction staging plan - 3 - SA 45% of phase -Review of AE construction documents -Street furniture details -Bus shelter, kiosk or other feature plan & details (if required) -Special "focal point" feature(s) plan and details -Planting plan and details -Specifications for above -Final cost estimate for above Section 5 Section 6 Section 7 Design services related to the "focal point" anticipate a concept which may cause the total estimated construction cost to exceed the initial $1.3 million construction budget. However, the design and construction to be accomplished for the $1.3 million will provide a usable plaza. Should it be decided during the site plan/schematic stage of work (Article I, Section 3A) that the desired "focal point" will cause the budget to exceed $1.3 million and that it is the desire of the City of Iowa City to pursue additional funding for the "focal point," then design work accomplished in final Site Plan/Design Development, Construction Document, Bidding, and Construction Phase (Article I, Sections 3B, 4, 5, and 6) will establish a usable base for future construction of the "focal point". Should the City approve an increase of the estimated construction cost on the basis of an increased allocation for the "focal point," then SA's fee for Design Development, Construction Document, Bidding, and Construction Phase services for such elaboration of the "focal point" will be negotiated as provided in Article IX.. After City approval of the Construction Documents, the Bid and Award Phase will be shared by AE and SA as follows: AE 90% of phase SA 10% of phase -Review bids, attend pre-bid -Review bids, answer con - conference, answer contrac- tractor questions by letter for questions by letter and telephone and telephone Construction Phase services will be shared by AE and SA as follows: AE 80% of phase -Site visits re: grading, paving, lights, vaults utilities, layout, -Shop drawing review re: items above SA 20% of phase -Site visits re: planting furniture -Shop drawing items above at AE request & street review re: Resident Construction Monitoring Phase services shall be entirely the responsibility of AE. - 4 - Section 8. All information gathering from City agencies and public utilities shall be entirely the responsibility of AE. Section 9. A total of 6 trips by SA to Iowa, either to the Mason City offices of AE or to Iowa City, are anticipated for discussion, design and coordination and presentation for the Phases of work outlined in Section 3, 4, and 5 above. A maximum of 4 trips to Iowa City is planned under Section 6 above. ARTICLE II TIME OF PERFORMANCE SA will satisfactorily and promptly perform the Scope of Services required above in order to enable AE to meet the schedule included in the prime contract between AE and the City of Iowa City. ARTICLE III COMPENSATION Section 1. The design fee for the Scope of Services outlined in Article I above is based upon ten percent (10%) of the estimated total construction cost for surface improvements of one million three hundred thousand dollars ($1.3 million) as stated in the prime contract between AE and the City of Iowa City. Section 2. SA shall be paid a fee based on direct hourly rates which are shown as Exhibit "D". By this reference Exhibit "D" is made a part of this Agreement. These hourly rates shall be in effect for all phases of the project from design through construction phase. Requests for payments shall be submitted showing the name of the individual as well as the title as shown on Exhibit "D". Reimbursable Expenses are in addition to the fee for services and shall include actual expenditures made in the interest of the project such as: transportation and living when traveling in connection with the project; long distance telephone calls and telegrams; reproduction of drawings, specifications and reports except for copies for SA's internal use; photography; model materials; equipment rental; and postage and delivery charges on any of the preceding. Section 3. Based upon the distribution and sharing of the Scope of Services work responsibility as outlined in Article I above, AE hereby agrees to pay SA a total compensation and reimbursement not to exceed the maximum sum of fifty eight thousand five hundred dollars ($58,500) for all of the services and expenses required. Section 4. It is expressly understood that the maximum sum named in Section 3 above includes the amount of five thousand dollars ($5,000) paid to SA for preliminary work accomplished to date on this project. Section 5. SA shall submit monthly itemized invoices to AE for costs incurred during the previous month. Upon acceptance AE will include the SA billing in the next statement submitted to the City of Iowa City and AE will promptly forward payment to SA when received from the City. ARTICLE IV ATTACHMENTS Attachments "A", "B", "C", and "D" shall be a part of this agreement. Attachment "A" being a copy of the prime contract between AE and the City of Iowa City; attachment "B" being a sketch of the concept and site planning area; attachment "C" being a 4 page HUD 621B form of Contract for Professional or Technical Services, and attachment "D" being a schedule of Direct Hourly Charge Rates. ARTICLE V PRIVITY OF CONTRACT SA understands and agrees that it has no privity of contract with the City of Iowa City, its sole contract being with AE; further, that it has no lien nor privilege as against the City for non-payment of invoices, nor for any other reason, it recognizing that its contractural obligations are exclusively to, from and with AE. ARTICLE VI CANCELLATION FOR CAUSE Should SA fail to perform its consulting services promptly and in accordance with professional standards, or should SA fail to comply with any of the other conditions herein, AE may cancel this contract after five (5) days' written notice by certified mail addressed to SA. In the event of cancellation by AE, SA shall be paid for services performed to date of cancellation upon finishing a progress report and invoice to such date. ARTICLE VII CANCELLATION WITHOUT CAUSE Should the City of Iowa City cancel the prime contract after its commencement with AE then AE will promptly notify SA of the cancel- lation by certified mail; whereupon SA will immediately, on receipt of the letter, cease and desist from performing any other work or services hereunder. In such event, SA will be paid for services and work product to said date upon furnishing a progress report and invoice to such date. ARTICLE VIII ARBITRATION All claims, disputes and other matters in question arising out of, or relating to, this Agreement or the breach thereof shall be decided by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association then obtaining unless the parties mutually agree otherwise. This Agreement to arbitrate shall be specifically enforceable under the prevailing arbitration law. Notice of the demand for arbitration shall be filed in writing with the other party to this Agreement and with the American Arbitration Association. The demand shall be made within a reasonable time after the claim, dispute or other matter in question has arisen. In no event shall the demand for arbitration be made after the date when institution of legal or equitable proceedings based on such claim, dispute or other matter in question would be barred by the applicable statute of limitations. The award rendered by the arbitrators shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction. ARTICLE IX CHANGES IN SCOPE OF WORK When there is a substantial change in the scope, complexity or character of the work performed, or if the City requests AE to alter the completion dates established, the specified fee as listed under Article III of this Agreement, as the maximum total amount payable will be reappraised. ARTICLE X OWNERSHIP OF DOCUMENTS All sketches, tracings, plans, specifications, reports and other data prepared under this Agreement shall become the property of the City of Iowa City and be delivered to AE upon completion of the plans or termination of the services of the Consultant. There shall be no restriction or limitation on their further use. ARTICLE XI PUBLICITY Accurate credit is required whenever the project is published or exhibited. Specific authorization in writing is required for all publicity which utilizes AE's and SA's name in connection with project promotion. If this Agreement is terminated prior to the completion of the services described herein, use of any interim reports or other documentation is limited to the client's internal purposes without specific written approval of AE and SA. ARTICLE XII SUCCESSORS AND ASSIGNS SA shall not assign, sublet, or transfer responsibility in this Agreement without the written consent of AE. ARTICLE XIII INSURANCE SA shall secure and maintain such insurance as will protect the firm from claims under the Workmen's Compensation Acts and from bodily injury, death, or property damage which may arise from the perform- ance of services under this Agreement, and shall carry valuable papers insurance in amount sufficient to assure the restoration of all plans, drawings, notes and other similar data related to the work covered by this Agreement. ARTICLE XIV SAVINGS OR SEVERABILITY CLAUSE If any section, provision or part of this Agreement shall be adjusted invalid or unconstitutional, such judication shall not affect the validity of the Agreement as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. This contract expresses the entire agreement between the parties and no representations, promises or warranties have been made by either of the parties that are not fully expressed herein. IN WITNESS WHEREOF, the parties have executed this AgreemAnt by their duly authorized representatives on this day ofPum.z. 1977. 0 EA 0 - N NO SCAL E BUf�L/NGToN ��--' STREET Concept $ Site Planning Area - �\ All public right-of-way within dashed boundaries / Actual Construction Area Y�111J �d 3 (Face to face of buildings) U. S. DEPA iNT OF HOUSING AND URBAN DEV HENT REozwAL ASSISTANCE ADMINISTRATION CONTRACT FOR PROFESSIONAL OR TECHNICAL SERVICES 'Part II — Terms and Conditions HUD -621B (2-09) 1. Termination of Contract for Cause. If, through any cause, the Contractor shall fail to fulfill in timely and proper manner his obligations under this Contract, or if the Contractor shall violate any of'the covenants, 'agreements, or stipulations of this Contract, the Local Public Agency shall thereupon have tee right to terniaate this Contract by giving written notice to the Contractor of such termination and specifying the effective date thereof, at least five days before the effective date of such termination. In such event, all finished or unfinished documents, data, studies, and reports prepared by the Contractor under this Contract shalli at the option of the Local Public Agency, become its property and the Contractor shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents. Notwithstanding the above, the Contractor shall not be relieved of liability to the Local Public Agency for damages sustained by the Local Public Agency by virtue of any breach of the Contract by the Contractor, and the'Local Public Agency my withhold any payments to the Contractor for the purpose of setoff until such time as the exact amount of damages due the Local Public Agency fr6m the Contractor is determined. 2. Termination for Convenience of Local Public Agency. The Local Public Agency ray terminate this Contract any time by a notice in writing from the Local Public Agency to the Contractor. If the Contract is terminated by the Local Public Agency as provided herein, the Contractor will be paid an amount which bears the same ratio to the total compensation as the servicesactually perforr_�d Lear to the total services of the Contractor cpvered by this Contract, leasFw -=?.z of compensation previously made: Provided, hovevar, that if less thsn sit or cent of the services covered by this Contract have been performed upon the eff-cti" date of such termination, the Contractor shall be reimbursed (in addition to the above payment) for that portion of the actual out-of-pocket expenees (not otherwise reimbursed under this Contract) incurred by the ContrA!+..r during the Contract period which are directly attributable to the uncompleted portion of the services covered by this Contract. If this Contract is terminated due to the fault of the Contractor, Section 1 hereof relative to termination shall apply. 3. Ch=gea. The Local Public Agency may, from time to time, request changes in the scope of the services of the Contractor to be performed hereunder. Such changes, including any increase or decrease in the amount of the Contractor's compensation, which are mutually agreed upon by and between the Local'Public Agency and the Contractor, shall be incorporated in written amendments to this Contract. ATTACHMENT 'IC" ;ua6ne _ 2 _ 1Z-697 4. Personnel. a. The Contractor represents that he has, or will secure at his ow expense, all personnel required in performing the services under this Contract. Such personnel shall not be employees of or have any contractual relationship with the Local Public Agency. b. All the services required hereunder will be performed by the Contractor or under his supervision and all personnel engaged in the work shall be fully qualified and shall be authorized or permitted under State and local law to perform such services. c. Ro person who ie serving sentence in a penal or correctional institution shall be employed on work under this Contract. 5. Anti -Kickback Rules. Salaries of architects, draftsmen, technical engineers, and technicians performing work under this Contract shall be paid unconditionally and not lees often than once a month without deduction or rebate many account except only such payroll deductions as are mandatory by law or permitted by the applicable regulations issued by the Secretary of Labor pursuant to the "Anti -Kickback Act" of June 13, 1934 (48 Stat. 948; 62 Stat. 740; 63 Stat. 108; title 18 U.S.C., section 874; and title 4o U.S.C., section 276c). The Contractor shall comply with all applicable "Anti -Kickback" regulations and shall insert appropriate provi®ions in all subcontracts covering work under this Contract to insure compliance by subcontractors with such regulations, and shell be responsible for the submission of affidavits required of subcontractors there- under except as the Secretary of Labor may specifically provide ror variations of or exemptions from the requirements thereof. 6. withholding of Salaries. Ifs in the performance of this Contract, there is any underpayment of salaries by the Contractor or by any subcontraior there- under, the Local Public Agency shall withhold from the Contractor out of payments . due to him an amount sufficient to pay to employees underpaid the difference between the salaries required hereby to be paid and the salaries actually paid such employees for the total number of hours worked... The amounts withheld shall be disbursed by the Local Public Agency for and on account of the Contractor or subcontractor to the respective employees to whoa they are due. 7. Claims and Disputes Pertaining to Salary Rates. Claims and disputes pertaining to salary rates or to classifications of architects, draftsmen, technical engineers, and technicians performing work under this Contract shall be promptly reported in writing by the. Contractor to the Local Public Agency for the latter's decision which shall be final with respect thereto. 8.. Equal Employment Opportunity. During the pbrformance of this Contract, the Contractor agrees as follows: a. The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forma of compensation; and selection for fining, including apprentices The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Local Public Agency setting forth the provisions of this nondiscrimination clause. . b. The Contractor Will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive.consideration for employment without regard to race, color, religion,:sex, or national origin. c. The Contractor.will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Contract so that such provisions will be binding upon each subcontractor,' provided that the foregoing provisions shall not apply. to contracts orisubcontracts for standard ..commercial supplies or raw materials.' 9. Discrimination Because of Certain Labor Matters.' No person employed on the work covered by this Contract shall be discharged or in any way discriminated against becauoe he has filed any complaint or instituted or caused to be instituted any proceeding or has testified or is about to testify in any proceeding under or relating to the labor standards applicable hereunder to his employer. 10. Compliance With Local Lawa. The Contractor shall comply with all applicable lava, ordinances, and codes of the State and local governments, and shall commit no trespass on any public or private property in performing any of the work embraced by this Contract. 11. Subcontracting. None of the services covered by this Contract shall be subcontracted without the prior written consent of the Local Public Agency. The Contractor shall be as fully responsible to the Local Public :Agency for the acts and omissions of his subcontractors, and of persons either directly or indirectly employed by them, as he is for the acts and omissions of persons directly employed by him. The Contractor shall. insert in each subcontract appropriate provisions requiring compliance with the labor standards provisiona of this Contract. 12. Assignability. The Contractor shall not assign any interest in this Contract, and shall not transfer any interest in the same (whether by assignment or novation) without the prior written approval of the -Local Public Agency: Pr.^vided, however, that claims for money due or to become due the Contractor from the Local Public Agency under this Contract may be assigned to a bank, trust compsay, or other financial institution, or to a Trustee in Bankruptcy, without such approval. Notice of any such assignment or transfer shall be - furnished promptly to the Local Public Agency. 13. Interest of Members of Local Public Agent. No member of the governing - body of the Local Public Agency, and no other officer, employee, or agent of the Local Public Agency who exercises any functions or responsibilities in connection with the carrying out of the Project to which this Contract pertains, shall have any personal interest, direct or indirect, in this Contract. 14. Interest of Cther Local Public Officials. No member of the governing body of the locality in which the Project Area is situated, and no other public official of such locality, who exercises any functions or responsibilities in the review or approval of the carrying out of the Project to which this Contract pertains, shall have any personal interest, direct or indirect, in this Contract. NUD•G7T0 4 15.. Interest of Certain Federal Officials. NO member of or Delegate to the Congress of share States 129si eat Co=iasiaefrt to�alriee to &I admitted to any she or part of this Contract or to any 16. Interest of Contractor. The Contractor covenants that he presently has no interest and a not acquire any interesto direct or indirect, in the above-described Project Area or any parcels therein or any other interest which vould conflict in any manner or degree with the performance of his services hereunder. The Contractor fur- her covenants that in the performance of this Contract no person having =Y such interest shall be employed. _ 17. Findings Confidential. All of the reports, informatioaj data] etc.i prepared or pasenbled by the Contractor under this Contract are confidential and the Contractor agrees that they shall not be made available to any individual or organization vithout the prior written approval of the Local P.:blia " .. 1. ♦ .. 721527-P (R••. 2.69) HUD-Wa.h.. D. G DIRECT HOURLY CHARGE RATES Principals $55.00 Senior Associates $37.50 Associates $30.00 Senior Technical Staff $20.00 Technical Staff $15.00 (Schedule 48) ATTACHMENT "D" yWc- RESOLUTION NO. 77-219 RESOLUTION OF APPROVAL OF CLASS "C" SEER PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class "C" Beer Permit Application is hereby approved for the following named per- son or persons at the following described locations: William Bernard Kron, Jr. dba/Bill's I-80 DX, Route 2 Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance or state law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, surety bond and all other information or documents required to the Iowa Beer and Liquor Control Dppar6mont. it was moved by Foster and seconded by Selzer that the Resolution as read be adopted, and upon roll call there were: Balmer eProsse Foster Neu auser erret Selzer evera AYES: NAYS: ASSENT: x x x x x x x Passed this 28th day of June , 19 77 f�s'/ RESOLUTION N0. 77-220 eeSOLUTION To ISSUE CIGARETTE PERMITS WHEREAS, the following firms and persona have made application, filed the bond, and paid the mulct tax required by law for the sale of cigarettes and cigarette papers; therefore, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the applications be granted and the cigarette bond now on file in the office of the City Clerk be and the some are hereby approved, and the City Clerk be and he is hereby directed to issue a permit'to sell cigarette papers and cigarettes to the following named persons and firms: 1977-78 cigarette permits - names and addresses on attached list It was moved by Foster and seconded by Selzer that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Balmer x deProsse x Foster x Neuhauser x Perret x Selzer x Vevera x Passed this 28th day of June , 19 77 . CIGARh'TIE PERbUTS - July 1, 1977 through June 30, �v 78 78-58 - Hy -Vee Food Store #1, 227 E. Kirkwood 78-59 - Hy -Vee Food Store c2, 310 N. First Ave. 78-60 - Comer's Inc., 13 S. Dubuque 78-61 - Watt's Food Market, 1603 Muscatine Ave. 78-62 - 7 -Eleven Food Store, 820 First Ave. 78-63 - Federal Building Snack Shop, 400 S. Clinton 78-64 - Fraternal Order of Moose Lodge, 2910 Muscatine Ave. 78-65 - Hawkeye Dairy Store, 701 E. Davenport St. 78-66 - Ken's Pizza Parlor, 1950 Lower Muscatine (Regal Vending) 78-67 - Tilt & Tell, Inc., 1705 First Ave. (Regal Vending) 78-68 - Rossie's Cafe, 329 S. Gilbert (Regal Vending) 78-69 - Lazy Leopard, 122 Wright St. (Regal Vending) 78-70 - Valentino's, 115 E. College (Regal Vending) 78-71 - Robin Hood Room, Sycamore Mall (Regal Vending) 78-72 - That Bar/That Deli, 325 E. Market (Regal Vending) 78-73 - Waterfront Lounge, 21 W. Benton (Regal Vending) 78-74 - Highland Ave. D -X, 1310 S. Gilbert (Regal Vending) 78-75 - American Legion Roy L. Chopek Post #k17 (Regal Vending) 78-76 - Fairview, Route 4 (Regal Vending) 78-77 - Pizza Hut, 1921 Keokuk (Regal Vending) 78-78 - Applegate's Landing, 1411 S. Gilbert (Regal Vending) 78-79 - Serendipity Pub, 1310 Highland (Regal Vending) 78-80 - Hamburg Inn, 119 Iowa Ave. (Regal Vending) 78-81 - Bill's I-80 DX, Route 2 (Regal Vending) 78-82 - Doc's Riverside Drive Standard, 801 S. Riverside Dr 78-83 - Iowa Memorial Union, U. of Iowa 78-84 - Finkbine Golf Course, U. of Iowa 78-85 - Moore Business Forms, Inc., S. Riverside Dr. (Canteen Corp.) 78-86 - Owens Brush Co., Lower Muscatine Rd. (Canteen Corp.) 78-87 - K -Mart, Store No. 4315, 901 Hollywood Blvd. (Canteen Corp.) 78-88 - Westinghouse Learning Corp., I-80 & Hwy. 1 (Canteen Corp.) 78-89 - American College Testing Program, Inc. (Canteen Corp.) 78-90 - Thomas & Betts Co., Hwy. 218 S. (Canteen Corp.) 78-91 - H. P. Smith Co., Box 906 (Canteen Corp.) 78-92 - Knights of Columbus, 328 E. Washington (Regal Vending) 78-93 - Ken's Distributing Co., Inc., 424 Highway One (Regal Vending) 78-94 - East-West Oriental Foods, 615 Iowa Ave. 78-95 - Nickelodeon, 208 N. Linn 78-96 - Maxwell's, 121 E. College 78-97 - Russ' Super Standard, 305 N. Gilbert St. RESOLUTION NO. 77-221 RESOLUTION APPROVING CLASS C LIQUOR CONTROL LICENSE APPLT e► rM BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Liquor Control License application is hereby approved—for the following named person or persons at the following described location: Louis Pasteur's, Ltd. dba/Louis Pasteur's, 5 S. Dubuque Said approval shall be subject to any conditions I or re- strictions hereafter imposed by ordinance or State law. The City Clerk shall cause a recommendation for approval to he endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond, sketch of the premises and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by Foster and seconded by Selzer that the Resolution as rete adopted, and upon roll—caTi there were: AYES: NAYS: ABSENT: i Balmer x deProsse x Foster _x Neuhauser x Perret x Selzer x Vevera x Passed and approved this qgth day of ,T,,,,P , 19 77 RESOLUTION NO. 77-222 BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Liquor Sunday Sales Permit application is hereby approved ollowing named person or persons at the following described location: Louis Pasteur's Ltd. dba/Louis Pasteur's, 5 S. Dubuque Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance of state law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, bond, and all other information or docu- ments required to the Iowa Beer and Liquor Control Department. It was moved by Foster and seconded by Selzer that the Resolution as read e a op e , and upon roll call there were: AYES: NAYS: ABSENT: Balmer x deProsse x Foster x Neuhauser x Perret x Selzer x Vevera x Passed this 28th day of June , 19 77 -93 1 tESOLUTION NO. 77-223 RESOLUTION SETTING PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF MERCER PARK BALLDIAMOND LIGHTING, and. DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECT- ING CITY ENGINEER TO PLACE SAID PLANS, ETC., ON FILE FOR PUBLIC INSPECTION. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That a public hearing on the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project is to be held on the 12thday of July , 1977 , at 7:110 P.M. in the Council Chambers, Civic Center, Iowa City, Iowa. 2. That the City Clerk is hereby authorized and directed to publish notice of the public hearing for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the city, not less than four (4) nor more than twenty (20) days before said hearing. 3. That the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project are hereby ordered placed on file by the City Engineer in the office of the City Clerk for public inspection. It was moved by Foster and seconded by Selzer that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: x x x x x x x ABSENT: Balmer deProsse Foster Neuhauser Ferret Selzer Vevera Passed and approved this 28th day of June , 19 77 Mayor l?o TF N ATTEST: / LL//!'/ cA �' City Clerk Received 8 Approved By The Legal Department RESOLUTION NO. 77-224 I LUTION AWARDING CONTRACT TO L.L. FELLING CO. OF IOWA CITY FOR CONSTRUCTION OF FY78 ASPHALT RESURFACING CONTRACT:; AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO CERTIFY SAID CONTRACT, AND APPROVING PERFORMANCE BOND AND INSURANCE CERTIFICATES WHEREAS, the bid of L. L. Pelling Co. of IowaCity in the amount of 218.66s.9s for the construction of FY78 Asphalt Resurfacing Project within the City of Iowa City, Iowa, be and is hereby accepted, the same being the lowest responsible bid received for said work, and, WHEREAS, L. L. Pelling Co. has furnished adequate performance bond and insurance certificates for the construction of the above-named project, NOW THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: A. The Mayor and City Clerk are hereby directed to execute a contract with the said L. L. Pelling Co. of Iowa City for the FY78 Asphalt Resurfacing Project said contract not to be binding on the City until approved by this Council. B. That the performance bond and insurance certificates for the construction of the above-named project are approved by the Council. It was moved by deProsse and seconded by PPrrpt that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer X deProsse X Foster X Neuhauser X Ferret X Selzer X Vevera Passed and approved this 28th day of`J=Ek 1977 ( U01 -6a, Mayor Pro Tem ATTEST: �17xk ity Clerk Rcceived & Approved By The Legailpa tment Z u, RESouPrION NO. 77-225 RESOLUTION AAPHORIZING E.XECL)TION OF AGREEMENT FOR OVERWIDTH PAVING IN MOUNT PROSPECT ADDN. III. WHEREAS, the City of Iowa City, Iowa, has negotiated an agreement with Wilbert Frantz, Mt. Prospect III Addn. , a copy of said' a r'eementt being at to s Resolution and s reference made a part hereof, and, Wff;REM, the City Council deems it in the public interest to enter into said agreement for City payment for all street pavement in excess of 28 feet for Hollywood Boulevard east of Sycamore Street. This pavement will be 32 feet wide, and the City share will be $1600. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL: 1. That the Mayor and City Clerk are hereby authorized and directed to execute the agreement With Wilbert Frantz, Mt. Prospect III Addn. 2. That the City Clerk shall furnish copies of said agreement to any citizen requesting same. It was moved by Balmer and seconded by deProsse the Resolution be adopted, and upon roll call there were: i AYES: NAYS: x x x x x ABSENT: Balmer deProsse Foster Neuhauser Perret Selzer Vevera Passed and approved this 28th day of June � , 1977. Mayor Pro Tem ATTEST: City Clerk Received & Approved By The Legal D -.rt -.-n1 Az._ WHEREAS, AGREEMENT Wilbert Frantz is the Developer of Mount Prospect Addition - Part III subdivision, and Addition to the City of Iowa City, Iowa, according to the recorded Plat thereof, and WHEREAS, the City Council and the Planning & Zoning Commission of Iowa City, Iowa, have required as a condition of the approval of said subdivision, that the Developer shall improve Hollywood Boulevard by paving said street 32 feet wide, back-to-back of the curb, and WHEREAS, the City of Iowa City has agreed to reimburse the Developer for the cost of said improvement which is in excess of 28 feet in width and said cost has been determined to be less than Ten Thousand Dollars ($10,000.00), and that no bids are required, pursuant to Chapter 384 of the Code of Iowa, and the City of Iowa City has determined that the cost of Sixteen Hundred Dollars ($1600.00 ) is a fair and reasonable price for -the cost of the additional pavement required. IT IS THEREFORE AGREED, by and between that parties as follows: 1. That the Developer shall contract for the paving of said street and shall be responsible for seeing that it is paved, pursuant to the Ordinances, rules, regul'ations and specifications of the City of Iowa City, Iowa. 2. That upon completion of the paving improvement and the acceptance of the work and the street by the City of Iowa City, that the City of Iowa__City_shall pay to the Developer, the sum of not to exceed Sixteen Hundred Dollars per square yard but $1600.00 as full payment for its share of the improvement in excess of the width of 28 feet. 3. It is understood and agreed by and between the parties that nothing herein contained, nor shall the entering into of this agreement by the City of Iowa City be deemed to constitute -2 - in any way a waiver of any of the Ordinances, rules, regulations or specifications of the City of Iowa City, and all of the laws of the State of Iowa. a SIN;. Dated at Iowa City, Iowa, this day of A.D., 1977 CITY OF IOWA CITY, IOWA BY CtIdW. Playor PICO 7'EM BY . City Clerk M. tea.. ., m� .`1 1 lm y9B RESOLUTION NO. 77-226 RESOLUTION APPROVING PRELIMINARY AND FINAL LARGE SCALE NON—RESIDENTIAL DEVELOPMENT FOR PLAN OF AMERICAN COLLEGE TESTING PROGRAM, INC. WHEREAS, the owner,American College Testing Prog., Inc; has filed with the City Clerk of Iowa City, Iowa, an application for approval for a large scale non—residential development for the following described premises located in Iowa City, Johnson County, Iowa, to—wit: The East 473.22 feet of the Northeast quarter of Section 2, Township 79 North, Range 6 West of the Fifth Principal Meridian, Iowa City, Johnson County, Iowa, lying Southerly of the Southerly right-of-way line of Dubuque Road (formerly Old Solon Road). more particularly described as follows: Beginning at the East quarter corner of Section 2, Township 79 North, Range 6 West of the Fifth Principal Meridian, Iowa City, Johnson County Iowa. (For purposes of this description, the East line of the Northeast quarter of said Section 2 is assumed to bear North); thence South 890 58' 00" West 473.22 feet aloe vie South line of the Northeast quarter of said Section 2 to a } oint; thence North 648.00 feet to a point of intersection with the Southerly right-of-way line of Dubuque Road (formerly Old Solon Road); thence South 890 50' 00" East 49.48 feet along said South- erly right-of-way line of Dubuque Road to the point of curvature at said road station 34+15.4; thence continuing along said Southerly right -o£ -way line of Dubuque Road 512.40 feet along a 480.8 foot radius curve concave Northwesterly to a point oflinter- section with the East line of the Northeast quarter of said ` Section 2; thence South 890.51 feet along said East line of the 1 Northeast quarter of said Section 2 to the point of beginning; and containing 7.9 acres more or less. Ey The LacJal Uap:i:-tmant %1.4 .fi99 Resolution # 77-226 Page 2 WHEREAS, said property is owned by the above-named' party and R'YdI dedications are required; and, WHEREAS, the Department of Community Development and the Public Works Department have examined the proposed large scale non-residential development and have approved the same; and, WHEREAS, the said large scale non-residential develop- ment has been examined by the Planning and Zoning Commission and after due deliberation said Commission has recommended that it be accepted and approved. WHEREAS, said large scale non-residential development is found to conform with requirements of the City ordinances of the City of Iowa City, Iowa. 1 a Resolution No. 77-226 Page 3 NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the said plat is hereby approved as a large scale non-residential development. 2. That the said large scale non-residential develop- ment shall conform with all the requirements of the City of Iowa City, Iowa, pertaining to large scale non-residential developments. 3. That the City Clerk of the City of Iowa City, Iowa, is hereby authorized and directed to certify a copy of this resolution to the Office of the County Recorder of Johnson County, Iowa, after final passage and approval as authorized by law. Passed and approved this 28th day of June , 197/' It was moved by deProsse and seconded by Foster that the Resolution as read be adopted, and upon roll call there were: AYES: . NAYS: ABSENT: 1 I I - ATTEST:� City Clerc Balmer deProsse Foster Neuhauser Perrot Selzer Vevvera I -G' Mayor Pro Tem AGREEMENT FOR EXCHANGE OF LAND FOR STREET REALIGNMENT PURPOSES AND DEDICATION OF ADDITIONAL LAND FOR RIGHT-OF-WAY PURPOSES 1,99, THIS AGREEMENT executed this Q -2M day of June , 1977, by and between THE AMERICAN COLLEGE TESTING PROGRAM, INC., an Iowa nonprofit corporation (hereinafter referred to as ACT) and its successors and assigns, CITY OF IOWA CITY, IOWA, a municipal corporation, (here- inafter referred to as CITY); and WHEREAS, ACT desires to convey upon request of the City at some future time a certain tract of land and to dedicate a seven foot wide strip of land to the City for additional right-of-way at the present time; and, 3 WHEREAS, the City desires to obtain said land and to exchange therefor, at same future time, a similar tract of land presently' located in the City's right-of-way known as the Old Solon Road and now also known as Dubuque Road. NOW, THEREFORE, IN CONSIDERATION OF THE COVENANTS HEREIN CONTAINED, THE PARTIES AGREE AS FOLLOWS: 5 1. That incorporated into and hereby made a part of this Agreement is the Large Scale Nonresidential Development Plan now on file with the City and said Plan shall constitute a reference and identification for the tracts and strip of land referred to in this Agreement. 2. That a strip of land, seven feet in width, and located as shown within the proposed forty foot right-of-way on said Plan for Dubuque Road is, by this Agreement dedicated to the City, in order that the new total right-of-way for the said Dubuque Road shall be extended from its present thirty-three foot width to forty feet from the centerline. Received & Approved By The Legal D=partnent 1�uLt.�v11A - JUN2 2.1977 ALSIE STOLFUS CITY CLERK Sra J -2- 3. That ACT shall at.some future time, upon request from the City, convey to said City the tract of land identified as Parcel A on the Plan. 4. That at the same time and contemporaneous with conveyance of Parcel A, the City shall convey the tract of land identified as Parcel B on the Plan to ACT. S. That it is contemplated that the exchange of Parcel A and B shall occur at such time in the future as the City determines that it wishes to realign said Dubuque Road and said exchange shall be without monetary consideration. 6. That until such time as the exchange contemplated herein is accomplished, ACT shall have full and unimpeded access to and across said Parcel A for purposes of ingress and egress and ACT's enjoyment of same shall not be obstructed by the City. 7. That at the time of the execution of this Agreement, ACT is purchasing the entire tract shown on the Plan, on a real estate install- ment contract, and will secure, by separate instrument, the joinder of the titleholders in the present dedication of the seven foot strip of land. Said dedication instrument shall then be presented to the City And made a part of this Agreement. l 8. In the event that the City desires conveyance of Parcel A within ten years, ACT shall do all things necessary to perfect title including but not limited to any action quieting title as may be required. CITY OF IOWA CITY, IOWA THE AMERICAN COLLEGE TESTING PROGRAM, INC. by t. a 6(; r( -6L o14-( by L Mayor P Ri 7 EM Presi nt I i " Attest: 0&-2&4 by City Clerk Vibe -President, Business and Finance I" STATE OF IOWA ) ) SS: COUNTY OF JOHNSON ) I, Robert W. Jansen, a notary public in and for said county, in the state aforesaid, do hereby certify that Oluf M. Davidson and Marvin F. Brecht, to me personally known to be president and Vice President respectively of The American College Testing Pro- gram Inc., a -corporation, and also known to me to be the persons whose names are subscribed to the foregoing instrument, appeared before me this day in person and acknowledged that as such president and Vice President respectively they signed, sealed and delivered the said instrument as the free and voluntary act of said corpor- ation, for the uses and purposes therein set forth, and that they were duly authorized to execute the same by the Board of Trustees of said corporation. Given under my hand and notarial seal this 22nd day of June, 1977. k"A_ Robert W. Jansen, Noj!X No!Public My commission expires September 30, 1979. By y r k State of Iowa ) SS County of Johnson) On this o? qday of In the year !9? % before me, Lk-LX� a notary pub is in and for said county of state of residing therein, duly commissioned and sworn, personally appeared Carol deProsse known to me to be the Mayor Pro Tem, and Abbie Stolfus , known to me to be the city clerk of the City of Iowa City , the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. 0 In witness whereof, I have hereunto set my hand and affixed my official seal the day and year in this certificate first abr: written. Notary Public in and for Johnson County, State of Iowa r lat4_4441� AGREEIFNT This Agreement made by and between The American College Testing Program, Inc. the owner hereinafter called the "Owner", and the City of Iowa City, Iowa, a municipal corporation hereinafter called the "City". WITNESSETH: Section 1. Consideration and Covenant. In consideration of the City approving the proposed Large Scale Non -Residential Development plan, The American College Testing Program, Inc., the Owner agrees as a covenant running with the land that the City shall not issue any building permit on said land unless and until water mains, storm water facilities and sanitary sewers have been in- stalled on said land on which building permit has been requested, as required by the City of Iowa City, Iowa, under its subdivision ordinance for the installation and construction of public improvements. Section 2. Construction of Improvements. All such improvements as stated in Section 1 of this Agreement shall be constructed and installed by the Owner according to the plans and specifications of the City of Iowa City, Iowa, with inspections by the City Engineer or designate. Said inspections shall consist of 9ccasional inspection of the work in progress, but shall not relieve or release the Ovmer from its responsibility to construct said improvements pursuant to said plans and specifications. Section 3. Sidewalks. The Owner agrees that within one year from the date of the approval of the Large Scale Non -Residential Development plan, to install sidewalks along Dubuque Road at least 4 feet in width and according to the plans and specifications of the City of Iowa City, and with inspections by the City Engineer or designate as specified in Section 2. Section 4. Building Permit and Escrow Monies. It is further provided, however, that in the event the Owner, its Retclvn_a A A"7"r{vA �'�JUN2o21977 BSIE STOLFUS CITY CLERK ,f-as� page 2 assigns or successors in interest, should desire a building permit on said land for which water rains, storm water facilities and sanitary sewers are not installed, the Owner, its assigns or successors in interest, shall deposit with the City Clerk in escrow an amount equal to the cost of said improvements plus 10 per cent thereof as determined by the City Engineer's Office of the City of Iowa City, Iowa. When said funds are deposited then in that event the Building Inspector of the City of Iowa City, Iowa, shall issue a building permit provided that the applicant complies with all other requirements and ordinances of said city. Section S. Occupancy Permit. Prior to the issuance of an occupancy permit for any building erected pursuant to Section 4, the City in its discretion may require the Owner its assigns or successors in interest, to construct and in- stall such improvements as stated in Section 1. Section 6. Use of Escrow Monies. If after the issuance of an occupancy permit, the improvements as stated in Section 1 have not been constructed and installed, the City may use any funds deposited in escrow to construct and install such improvements. Should the cost of the construction and installation of said improvements exceed the amount of said escrow, the City shall have a lien and charge against the land on which said improvements acre made. The City shall refund to the depositor any escrow monies not used by the City after the construction and installation of such improvements. Section 7. Waiver. In the event the Owner, its assigns or successors in interest, should sell or convey the land without having had constructed or installed the water mains, storm water facilities and sanitary sewers; or if the Owner, its assigns or successors in interest should fail to construct sidewalks, the City shall have the right to install and construct said improvements and the costs of said imporvements shall be a lien and charge against all the land on which improvements are made and which may be assessed for improvements under the provision of Chapter 384 of the Code of Iowa. The page 3 cost of such improvements need not meet the requirements of notice, benefit or value as provided by law of the State of Iowa for assessing such improvements. It is further provided that this requirement to so construct said improvements is and shall remain a lien from date until properly released as hereinafter provided. The City agrees when such improvements have been installed to the satisfaction of the City it will immediately file in the Office of the County Recorder of Johnson County, Iowa, a good and sufficient release to the land so that this Agreement will not constitute a cloud upon the title of the land. Dated this day of June, 1977, at Iowa City, Iowa. CITY Cay' Iara CITY By: American College Testing Program, Inc. oil��J r President yor Pro Ten Moll, WIN STATE OF IOWA ) ) SS: COUNTY OF JOHNSON ) Vice -Pry esident for Business and Finance. I, Robert W. Jansen a notary public in and for said county, in the state aforesaid, do hereby certify that Oluf M. Davidsen and Marvin F. Brecht , to me personally known to be president 4nd Vice President respectively of The American College Testing Pro&;am P8Pp8$ation, and also known to me to be the persons whose names are subscribed to the foregoing instrument, appeared before me this day in person and acknowledged that as such president and Vice.President respectively they signed, sealed, and delivered the said instrument as the free and voluntary act of said corporation, for the uses and purposes therein set forth, and that they were duly authorized to execute the same by the Board of Trustees of said corporation. Given under my hand and notarial seal this22nd day of Jume, 1977. fwlwt w. Notary Publi My commission expires September 30 , 1979. Bye/ Uai — /�—� X�r 0 �T� AES Cl 1 ,S 61se- State of Iowa SS County of Johnson) 0n this X ` -ay of In the year 191'7, before mekj-x�M a notary public in and for said county of , state of residing therein, duly commissioned and sworn, personally appeared Carol deProsse known to me to be the Mayor Pro Tem, and Abbie Stolfus , known to me to be the city clerk of the City of Iowa City , the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. In witness whereof, I have hereunto set my hand and affixed my official seal the day and year.in this certificate first above written. (j a-'� Notary Public in and fo'r Johnson County, State of Iowa f DS:D i RESOLUTION NO. 77-227 RESOLUTION ACCEPTING PRELIMINARY PLAT' FOR LARGE SCALE RESIDENTIAL DEVELOPMENT PLAN, PLANNED AREA DEVELOPMENT PLAN AND PLAT OF TY'N CAE ADDITION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the approval of the preliminary plat IRt Large Scale Residential Devel- opment Plan. Planned Area Development Plan and Plat of Tv'n Cae that waivers be granted So that: (a) buildings need not be separated by a horizontal distance equal to the height of the highest building, and (b) a turn -around on Cambria Court need not meet the requirements of the Subdivision Code with respect to the diameter of the turn -around; /I It was moved by deProsse and seconded by Balmer that the resolution as read be adopted and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x deProsse x Foster x Neuhauser x Perret Selzer evera Passed and approved this _ IRt1, day of June , 197 7. MAYOR elf e / t ATTEST: _ CITY CL3RK Received & Approved By The Legal D_; wt=nt RESOLUTION N0. 77-228 RESOLUTION AUPHORI2ING AN AmEmu-u dP TO THE AGREES= BETWEEN THE CITY OF IONA CITY, THE IOWA CITY LIBRARY BOARD AND THE AMERICAN FEDERATION OF STATE, CO(VrY AND MUNICIPAL EMPLOYEES, LOCAL 183, AFL-CIO. WHEREAS, the Agreement between the City of Iowa City, the Iowa City Library Board of Trustees and the American Federation of State, County and Municipal Employees, Local 183, AFL-CIO set the date on or before which notice is to be given to reopen their agreement for FY 79 at August 15, and WHEREAS, the parties mutually agree to extend the date on or before which notice is to be given to August 30, 1977. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY: 1. That the Mayor Pro Tem and the Negotiator are authorized to sign, and the City Clerk to attest, an amendment to the agreemnt which is attached hereto and by this reference made a part hereof. 2. That the Mayor Pro Tem is hereby authorized to sign, and the City Clerk to attest, this resolution. It was moved by deProsse and seconded by Perret that the Resolution as read be adopted, and upon roll call there were- AYES: ere: AYES: X X X X X X X NAYS: ABSENT: Balmer deProsse Foster Neuhauser Perret Selzer Vevera Passed and approved this 28th day of June , 19 77 . ATTEST: 4Z 'Ad�� -) CITY CLERK RECEIVED k APPROVED BY THE LEGAL DEPARTMENT G S/ 44; _r?7 AMENDMENT TO AGREEMENT BETWEEN THE CITY OF IOWA CITY, THE IOWA CITY LIBRARY BOARD OF TRUSTEES and THE AMERICAN FEDERATION OF STATE, COUNTY, AND MUNICIPAL EMPLOYEES, LOCAL 183, AFL-CIO We mutually agree to extend the date to be given to reopen our above entitled July 1, 1978) to August 30, 1977. DATE ;? A, If 7 7 THE CITY OF IOWA CITY: BY:0'_j h , 2 Carol deProsse, Mayor Pro Tem BY: X i.�34 a - Candyororgan, Negotiator ATTEST: 2 ut-2 Lj bbie Stolfus, City C rk BOARDLIBRARY I, President on or before which notice is agreement for FY79 (beginning THE AMERICAN FEDERATION OF STATE, COUNTY, AND MUNICIPAL EMPLOYEES, AFL-CIO, LOCAL 183: BY: Cy��ctA,tu�rrt� I(IAy DEPAR� ji MM IX;'NT � D� 10 N 6" � RESOLUTION NO. 77-229 RESOLUTION AMENDING SALARIES AND COMPENSATION FOR CLASSIFIED PERSONNEL, RESOLUTION NO. 77-215 , AND PROVIDING FOR VARIOUS POSITION CHANGES. WHEREAS, the City of Iowa City, Iowa employs certain classified personnel, and WHEREAS, it is necessary to amend the classification plan included in Resolution No. 77-215 , NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA, that Resolution No. 77-215 be amended by: 1. Removing the position of Buyer from pay range 6 and adding this position to pay range 7. 2. Removing the positions of Recreation Program Supervisor and Therapeutic Recreation Specialist from pay range 7 and adding those positions to pay range 8. 3. Establishing the position of Plan Checker with a salary range of $896 to $1112, current range 10. It is moved by Foster and seconded byPerret that the Resolution as read e adopted and upon roll call there were: AYES: NAYS: ABSENT: _ x Balmer x de Prosse x Foster x Neuhauser x Perret _ x Selzer x Vevera Passed and approved this 28th day of June 1997. RECEIVED & APPROVED BY THE LFnCDEPARTMEHT .3619 RESOLUTION NAMING DEPOSI1—.2s �G Iowa Official Form No. 697 Section 453.2 of the Code Resolution No. 77-230 BE IT RESOLVED by the City Council of (Insert here board of supervisors, township trustees, board of school directors, city council, or other governing body) the City of Iowa City, in County, Iowa: That we do hereby designate (Insert here county, township, school district, city, or other political subdivision) the following named banks to be depositories of the City of Iowa City (Insert here county, township, school district, city, or other political subdivision) funds in amounts not to exceed the amount named opposite each of said designated depositories and the City Treasurer is hereby authorized to deposit (Insert here county treasurer, township clerk, school district treasurer, city treasurer, or other legal Custodian) the City of Iowa City funds in amounts not to exceed in the aggregate the (Insert here county, township, school district, city, or other Political subdivision) amounts named for said banks as follows, to -wit: NAME OF DEPOSITORY t National Bank LOCATION 204 E. Washington Maximum Deposit in effect under prior resolution (g 3,10-0-0-PO-0-0- LOCATION ,000,000 Maximum Deposit under this resolution It 4,000,000 Hawkeye State Bank 229 S. Dubuque (S 23000,000 ) $ 4,0009000 Iowa State Bank & Trust 102 S. Clinton (g 210001,000 ) g 4,000,000 The vote on the resolution is as follows: AYES: Perret Selzer Vevera Balmer deProsse Foster Neuhauser Dated at I owa C i ty Iowa,this 28th SEAL (S (s — (s — (s — NAYS: None w � [FIG' / firm rj , ayor Pro Tem of June ,1977_ NOTE: The foregoing resolution should be certified in duplicate to the Treasurer of State, after approved by him, his findings will be endorsed on one copy, which will be returned to the proper officer for his files. Section 453.1 Deposits ingeneral. All funds held in the hands of the following officers or institutions shall be deposited in banks as are fust approved by the appropriate governing body as indicated: For the treasurer of state, by the executive council; for the county trea. surer, recorder, auditor, sheriff, township clerk, clerk of the district court, and judicial maga- trate, by the board of supervisors; for the city treasurer, by the city council; for the county gpublic hospital or merged area hospital, by the oud of hospital trustees; for a memorial hos, CP.C45647 0 f76 pital commission; for a school corporation, by the board of school directors; provided, how- ever, that the treasurer of state and the trea- surer of each political subdivision shall invest all funds not needed for current operating ex- penses in time certificates of deposit in banks isted as approved depositories pursuant to this chapter or m investments permitted by section 452.10. The list of public depositories and the amounts severally deposited therein shall be a matter of public record. The term "bank" means a bank or a private bank, as defined in section 524.103. Section 453.3 Increase conditionally pro. hibited. The maximum amount so permitted to be deposited in a named bank shall not be in- creased except with the approval of the trea- surer of state. Section 454.6 Duty of treasurers. It shall be the duty of all school treasurers, city trea- surers, or other financial officers designated by the city council, and township clerks of the county to keep on file with the county trea. surer a list of such depositories. CITY BUDGET AMENDMENT AND CERTIFICATION RESOLUTION Johnson .... County, Iowa, and to the State Comptroller: To the Auditor of-- -- --- ---------- - --:.._-------- -----------------------._ ...._ _. ---- - - m P The Council of the City of .... ......_----------- Iowa_City ,-- IOwa_--.-_-__._- ....... ______.... ..... .... in said county (counties) met on June 21 - -_ .... ... 19.._77, at the place and hour set in the notice, a copy of which accompanies this --. ........ certificate and is certified as to publication. Upon taking up the proposed amendment, it was considered and taxpayers were heard for or against the amendment as follows: ....... _._..'NONE- -------------------------- . ............................ ...----------- --------------------- ....... ......... ­_..._.__­­ ............... ---.. _...----------------- -----. _.._....-----------------------------------------------------------------------.--------------- ------- ---- .- ..... The Council, after hearing all taxpayers wishing to be heard and considering the statements made by them, gave final con- sideration to the proposed amendment(a) to the budget and modifications proposed at the hearing, if any. Thereupon, the following resolution was introduced: RESOLUTIONS NO. _..77-231- -- ----- A RESOLUTION AMENDING THE CURRENT BUDGET FOR THE FISCAL YEAR ENDING JUNE 30, 19.��... (AS AMI;NDED LAST ON ------ D.p embe-.2-$----------------------- - 19.76...) Be It Resolved by the Council of the City of.-_ ...... Iowa__City-_____-___-.----- ___---...__—_... ..... -_.., Iowa: June 16 .___., 19.7__, and the g Section 1. Following notice published_..-._---_.-_.--.._-_--.__--.---_..__...--.---------------_---. ...-- public bearing held .June -21, _ _ _ __ _ - , 19.._77._, the current budget (as previously amended) is amended as set out herein: Section 2. The cash balances and revenue estimates are amended as follows: Fund General New available balance . . Debt Service CapHt!l Proj. Enterprise ._......----. --....--- Utility New total revenue estimate New available balance . New total revenue estimate New available balance . New total revenue estimate New available balance . New total revenue estimate Section 3. The following changes (transfers of appropriations between programs, and increases in total appropriations) are hereby authorized: Program Community Protection Human Development (or) Mental & Physical Health S.P. Education & Culture S.P. Leisure Time Opportunities S.P. Home and Community Environment (or) Physical Environment S.P. Economic Well -Being S.P. Transportation S.P. Policy & Administration Change Appropriation from $__ 3,101,93? to $-- . _.3..113.,$.08--------.. from $....- 1,591,678_ to $-..... ,.607.,046-------- frmn $ -..... ._--.... ..... to $ -_. __ ___......- ---- from$-----_. _-_._-.------- ....-._. to $_. _ .. Prom$.. --- _-`------.----- I..... to $------ --------._._--- ------ --- ---- -- from $_11,878,257__------------ to $ ------ _13,294-,-304.---.-----_ from$..... ........ --------------------- .--- ---- to $------- .............._..._---------- front$ -- --------- ------ --------------------- -- to $----------`-----`'--- -- --- ---------' from$------------ ---- --- ------------- to $--------- --_.---------- ---- from $.._ 2,-004,189--- - ------- _- to $---- z.c756r98--------- Passed this ....... 28tI1..._77 ---_.... day of ....-------Julie --------- -- -- -, 19- ,_ Mayor Pro Tem Moved by Balmer and seconded by deProsse that the Ordinance be adopted, and upon roll call Attest. there were: Vote (list by names): Ayes: Ferret, --- Selzer . Veveral._]3almert__del?rosse, Foster, Neuhauser /JOS Q -----------------------------------------...............------------------ ::^`_.P..."".�--}_..-------- --------------- ------- - Nays:IlOT10- ------ ----------------- --- ---------...--- -.. .-------...------------.. ---ity Clerk L�I - ----- - I hereby certify the above transactions to be a true copy of the proceedings of tiro city council and the resolutions passed in the abov matter. -�// �I .. .... . ....... .------------ --1 19.,!__l -'f --- .._4��L �PE�------------- City Cierl: • An overall increase in the budget or a major change in the proposed transfers between programs overall will require a new notice and hearing. Iona Offirial Form Na 658-C (tP. W,,.,Y) AMENDMENT OF CURRENT CITY BUDGET N O T I C E The Council of the City of_.-.._Iowd CitX, Iowa_ in Johnson .._ .. County, (name(s) of county or counties) Iowa, will meet at the-- Civic Center____________ ___-_.--_---__---_- ._ _ _ - at __. 7:30. pm- on ...-_ . June 21 _ _- ... 77 (place of meeting) (hour) (date) for the purpose of amending the current budget of the city for the fiscal year ending June 30, 19 77 , by changing estimates of revenue and expenditure appropriations in the following funds and programs and for the following reasons: Fund Change in Revenue Estimates General Available balance from $ -. _---_..._752.344- ....... _ __ to $ 834,145 Current revenue estimate from $ .._.____. 7 336 000 ....r. ._ __,-...... _........_.. __ to $ _ 8,369,763 Total from q1_088,344 9,203 908 to permit the expenditure of unanticipated unencumbered cash Reason:.__ balances and unanticipated receipts Debt Service Available balance from 44,683 46,860 -ebb ---.....— $ . .._..... ...._.__.....__... to $. -- --- _ ----.....------------- Current revenue estimate from.__..._._... 6, 228, 532 7, 474 r 357 $ _ __._._.. to $ ......__ - - ... __ ___......----------- Total from $_ _....6,273,215 $ 7,521,217 to permit the expenditure of unanticipated unencumbered cash Reason: -------- balances_ and unanticipated receipts Enterprise 1,417,528 1,640,358 ___.._....__________________ Available balance from $.... to $ - Utility Current revenue estimate from$ 2,894, 393 $ 3,011,393 ...--- ......._ _.. _......._._.._ to Total front $-- --- _4,311,921 _._ .... to $.._ ..._._4.651.751 to permit the expenditure of unanticipated unencumbered cash Reason: . ..... balances--..'--and_unanti-ci_pated receipts ._-----...----. .--------- . There will be no increase in tax levies to be paid in the current fiscal year named above. Program Change of Expenditure appropriations Community Protection from 3,101,939 3,113,808 to permit the expenditure of unanticipated unenc9mbered cash Reason: ------ ___ ..... -balances andunanticipated receipts .. _ .. - -- — ... --- - ----- Human Development from 1,591,678to 1,607,046 $._.. _------- ----- --- to permit the expenditure of unanticipated unencumbered cash Reason: .... _ ------------- balances and unanticipated receipts - - - ---- 11,878,257 13,294,304 Home and Community from $. ..... to $ .. .. .... - __-...... to permit the expenditure of unanticipated unencumbered cash Reason:......__._...... balances and unanticipated receipts — Policy and Administration from 2,004,189 2,756,982 to permit the expenditure of unanticipated unencumbered cash balances and unanticipated receipts Any increase in expenditures set out above will be met from the increased non -property tax revenues and cash balances not budgeted or considered in this current budget. This will provide for a balanced budget. ...._. - - --_ ..--'---- ----__- _ Cih• Clerk Instructions: Publish only those lines which are used for specific funds or programs and which are filled in. The above form of notice may be one column wide and may include one or more foods. It must be published not less than four (4) days before the hearing, provided that, in cities of less than 200 population and in such cities only, such notice may be posted in three public places. After the public hearing the council shall adopt by resolutions the amendment as finally determined which action shall be made a matter of record. For detailed information, see Chapter 394, division II, Code of Iowa. Certification of Publication: I� hereby certify- that ttthel above notice was published (pos d in three public places as estab- lished by ordinance) in�o^' ._._._. (✓�-f2�_ - -. on .__.. ( .�e of newspaper) .—.--...... ..----... City Clerk RESOLUTION NO. 77-232 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR YOUTH SERVICES IN THE IOWA CITY AREA WITH YOUTH HOMES, INC. WHEREAS, the City Council of Iowa City, Iowa, deems it in the public interest to provide youth in the Iowa City area with temporary and long-term, twenty-four hour care for adolescents between the ages of twelve and eighteen, and WHEREAS, Youth Homes, Inc., operates a youth shelter and two group homes in the Iowa City area, and WHEREAS, the City of Iowa City is empowered by State law to enter into con- tracts and agreements, and WHEREAS, Youth Homes, Inc., is a private, non-profit program which is organized and operates under the State laws of Iowa, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the Mayor be authorized to execute the attached contract and by this reference be made a part hereof, and the City Clerk be directed to certify the said agreement. It was moved by Perret and seconded by deProsse _ that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x deProsse x Foster x Neuhauser x Perret x Selzer x Vevera Passed and approved this 28th day of June 1977. Mayor Pro Tem PIL Attest: ALdAge-) - Ci y Clerk RECEIVED & APPROVED T, THE UGP DEPARTMT AGREEMENT '� f -- v ,n This Agreement was made and entered into this _2F t;�, day of , 1977, by and between the City of Iowa City, Iowa, a municipal corporation herein- after referred to as the "City," and the Youth Homes, Inc. hereinafter referred to as "Youth Homes," for a one-year period beginning July 1',J�977, and ending June 30, 1978. // Such contract of employm nt to be subject to the f llowing terms and conditions and stipulations, to wit: Youth Homes shall not perm t any of the followi employment practices: a. To discharge from emplo ent or refuse to ire any individual because of their race, creed, color national originreligion, age, sex, marital status, sexual orientatio , or disability. b. To discriminate against any�dividual In terms, conditions, or privileges of employment because of the'r race, cVeed, color, national origin, religion, age, sex, marital status, se al orierytation or disability. I. SCOPE OF SERVICES The Youth Homes agrees to serve the ow City community by providing temporary and long-term, twenty-four hour care (house and counseling) for adolescents who are children in need of assistance, delinqu t children, or children facing a crisis with which they cannot cope. II. GENERAL TERMS 1. The City of Iowa City shallpa to 'o"' Homes for the support of the shelter and two group homes the sum of $8,000/y r with he agreement between the parties that the said money shall be used toward ge ral opera ing costs. Johnson County Board of Supervisors will fund Youth Homes. in F 78 in the amount of $17,703. 2. The City will transfer fund's to Youth Homes on August 1, 1977. 3. For the purposes of the Oreement, the diAector shall be considered an employee of Youth Homes and any f7inge benefits rece ved by the director shall be through the said Youth Homes 'T1fe director of You omes shall adhere to personnel Ho policies formulated by Youth es. 4. Youth Homes, acting s its own agent, agrees to defend, indemnify, and save harmless the City of Io City, Iowa, its officers, employees, and agents from any and all liability or cl ms of damages arising unde the terms of the Agreement, or for any wrong doings caed by the Youth Homes staff including, but not limited to, injuries to persons or properties served by or comin into contact with the Youth Homes. 5. Youth Homes call maintain in full force and of ect a comprehensive liability insurance po icy executed by a company authorize to do insurance business in the State of Iowa, in a form approved by the City Manager. The minimum limits of such policy shall be as follows: To cover the insured liability for personal injury or death in the amount of $500,000 and for property damage of $10,000. If -/0 Each policy shal >ntain the following endorsem "It is expressly understood and agreed that this policy shall insure against all claims, suits, damages, costs, losses and expenses resulting in any manner from, arising out of or connected with the operations and conduct of Youth Homes activities by any agents, officers, or employees of Youth Homes." "It is further understood and agreed that before the insurance policy to which this endorsement is attached may be suspended or cancelled the City of Iowa City, Iowa, will be given thirty (30) days prior written notice of such proposed suspension or cancellation. It is further understood and agreed that the obligation of this policy shall not b affected by any act or omission of the named insured, with respect to a condition or require- ment attached thereto, nor by any default of the i sured in payment of the premium, nor in the giving of any notice required; y said policy, or other- wise, nor by the death, inlvency, bankruptcy,y'gal incapacity, or inability of the insured." \\ / The failure of Youth Homes to maintain such a policy in full force and effect shall constitute immediate terminate n of this Agr ement and of all rights and privileges contained herein. 6. The Youth Homes will provide he nec ssary accounting for payroll and supplies. 7. The director for Youth Homes wil submit quarterly progress reports to the City Council of Iowa City. 8. This Contract may be terminat d upon hirty days notice by either party. All outstanding bills are to be paid u on termin tion within the thirty -day period and with no liability of the City bey nd that thi ty-day period. FOR THE CITY OF IOWA CITY: YOUTH HO S, INC.: yaR PRO TEaq ATTEST: ATTEST: CITY Q L E R K $$CEIVED T. MROVED 7 -BX THE LEG L D N RESOLUTION NO. 77-233 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE CONTRACTS FOR YOUTH SERVICES IN THE IOWA CITY AREA WITH UNITED ACTION FOR YOUTH WHEREAS, the City Council of Iowa City deems it in the public interest to provide assistance to young people in Iowa City who are under stress and alienated from traditional approaches to youth services and who may possibly be approaching delinquency, and WHEREAS, United Action for Youth is an agency which plans and conducts an Outreach Program to locate youth who are alienated from the traditional approaches to youth services and help them identify their individual needs and facilitate meeting the same in the best interest for the individual and the community, and WHEREAS, the City of Iowa City is empowered by the State law to enter into contracts and agreements, and WHEREAS, United Action for Youth is a non-profit corporation organized and operates under the laws of the State of Iowa, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the Mayor be authorized to execute the attached contract and by this reference made a part hereof and the City Clerk be directed to certify the said agreement. It was moved by deProsse and seconded by Balmer that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Balmer x deProsse X Foster xNeuhauser X Perret X Selzer X Vevera Passed and approved this 28th day of June 1977. ATTEST: &,4 - CITY CLERK qtt4_ W & ao_� MAYOR PRO TEM Received & Approved By Th- Legal Department 'p� THI$ AGREEMENT made and entered into this 2Y aLL day of �L 1977, by and between the City of Iowa City, a municiVil corporation, hereinafter referred to as the City, and United Action for Youth, hereinafter referred to as U.A.Y., for one year beginning July 1, 1977, and ending June 30, 1978. NOW, THEREFORE, it is hereby agreed by and between the parties hereto that the City does retain U.A.Y. to act for and represent it in all matters involved in the Agreement. Such contract of employment to be subject to the following terms and conditions and stipulations, to wit: U.A.Y. shall not permit any of the following employment practices: a. To discharge from employment or refuse to hire any individual because of their race, creed, color, national origin, religion, age, sex, marital status, sexual orientation, or disability. b. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, creed, color, national origin, religion, age, sex, marital status, sexual orientation, or disability. I. SOOPE OF SERVICES. U.A.Y. agrees to provide assistance to young people, especially those who are alienated'from the traditional approaches to youth service, in identifying their individual needs and opportunities and facilitate meeting the same in the best interest of the individual with regard for the commmity. 1. U.A.Y. agrees to comprehensively plan and conduct an' Outreach Program to locate youths who are experiencing difficulty and serve and assist troubled youth who are identified as being under severe stress which if not relieved is likely to result in delinquent behavior. a. Staff and maintain a U.A.Y. walk-in center which will be open weekdays 8:30 A.M. to 4:30 P.M. b. Maintain visibility and have planned and purposeful contract with youth in the cormnmity. C. Develop trust and rapport with young people to enable the Outreach staff to effectively perform their duties. d. Maintain records of Outreach workers, including youth contracts, activities and referrals. ,�-/7 -2- 2. U.A.Y. agrees to provide appropriate Outreach services to youths as determined by individual needs. Methods used include: a. Street counseling through personal interaction in the youth environment, maintaining a relationship with individuals, assisting them in clarifying their current needs, and determining a course of action that is in their best interest. b. Crisis intervention by seeking out young people experiencing a crisis situation and be available to alleviate the impact of a crisis. C. Identify and utilize available referral services to assist young people to meet their needs or improve their current situation. d. Consult with and refer youth to other agencies in the community and remain available as a resource when appro- priate for individual youth. Written records of all referrals will be maintained. e. Follow-up on all Outreach provided to young people to evaluate individual situations and determine if further assistance is needed. 3. U.A.Y. agrees to provide an evaluation mechanism through fiscal and program accountability and reporting including: forwarding all Board meeting minutes to the City Council for their information. The U.A.Y. coordinator may be periodically requested to attend Council meetings when information and discussion is pertinent to U.A.Y. The U.A.Y. coordinator will prepare a monthly report which will be forwarded to the City Council for their information. U.A.Y. will build and establish working relationships and communications with other/agencies in the cornmmity. ` 4. Utilize a questionnaire to solicit feedback which will determine the effectiveness of Outreach Services every six months from: a. Clients that will (1) reflect how well their needs have been met, (2) determine whether they felt the course of action was in their best interest, (3) determine the level of trust and rapport.with the U.A.Y. staff, and (4) determine if gaps in services exist among agencies. b. Agencies that refer clients to U.A.Y. C. Agencies to which U.A.Y. referred clients. 5. The City may retain a consultant to survey the Outreach Program to determine its effectiveness. -3- 6. Individual objectives of U.A.Y. include: a. Sponsor on Open House at the Friends Meeting House and invite members from other agencies by September 30, 1977. b. Participate in workshops and in training sessions to strengthen Outreach. C. Plan two activities a month to promote Outreach and provide an opportunity for contact and positive inter- action with youth in the corumurity. II. GENERAL ADMINISTRATION U.A.Y. BOARD OF DIREC`IORS 1. The U.A.Y. Board will be responsible for the general adminis- tration of the program under the terms of the contract including: the determination of budget, personnel policy, hiring, purchasing, and the approval of expenditures. 2. The City Council will appoint two qualified voting citizens of Iowa City to serve as voting members of the U.A.Y. Board. III. GENERAL TERMS 1. The City of Iowa City shall pay to U.A.Y. the sum of $25,780 for FY78. 2. The City will transfer funds monthly to U.A.Y ($ 2,148.33) 3. U.A.Y. Board will maintain accounting and payroll records for the agency and submit monthly financial statements to the City Manager's office which include a record of all expenditures. 4. U.A.Y. may use xerox and printing services available at the City of Iowa City. U.A.Y. will pay the City for such services. 5. Termination of this contract may occur upon 30 days written notice by either party stating cause. 6. All outstanding bills are to be paid upon termination within a 30 day period with no liability to the City. 7. Any terms or services not included in this contract are not the responsibility of the City. 8. United Action for Youth agrees to defend, indemnify and save harmless the City of Iowa City, Iowa, and its officers, employees and agents from any and all liability or claims of damages arising out of or connected with the responsibilities of U.A.Y. as detailed in the terms of this agreement or for any torts or wrongdoings caused by the U.A.Y. staff, including but not limited to any injuries to persons or property served by or coming into contact with the U.A.Y. Program. Sig Q 9. U.A.Y. shall maintain in full force and effect a comprehensive liability insurance policy executed by a company authorized to do insurance business in the State of Iowa, in a foam approved by the City Manager. The minimum limits of such policy shall be as follows: To cover the insured liability for personal injury or death in the amount of $500,000 and for property damage of $10,000. The failure of U.A.Y. to maintain such a policy in full force and effect shall constitute immediate termination of this Agree- ment and of all rights and privileges contained herein. Dated this ail. day of 1977. CITY OF IOWA CITY, IO{NA: UNITED ACPICN FOR YODUI ; i i Mayor Protem ATTEST: L (�lLlG�t City Clerk IM 9. U.A.Y. shall maintain in full force and effect a comprehensive liability insurance policy executed by a company authorized to do insurance business in the State of Iowa, in a form approved by the City Manager. The minimum limits of such policy shall be as follows: To cover the insured liability for personal injury or death in the amount of $500,000 and fytr property damage of $10,000. / Each policy shall contain the following "It is expr ssly understood and eed that this policy shall insure against all cla, suits, damages, costs, losses and ex3enses resulimsting any manner from, arising out of or costed with the o erations and conduct of U.A.Y. activiti s by any agents, officers, or employees of U.A.Y." / "It is further erstood d agreed that before the insurance policy o which #his endorsement is attached may be suspended cancYleyd the City of Iowa City, Iowa, will be given thiry (30das prior written notice of such proposed susp ionr cancellation. It is further understood and afire d that the obligation of this policy shall not be affect d by any act or omission of the named insured, with respec /to any condition or requirement attached thereto, no by any default of the insured in payment of the premi nor in the giving of any notice required by said polis or otherwise, nor by the death, insolvency, bankruptcy, legal incapacity, or inability of the insured." / The failure of U.A.Y. to main in such a policy in full force and effect shall constitute . diate termination of this Agree- ment and of all rig s and privileges contained herein. Dated this 28th day of June 1977, CITY OF I01VA CITY, IOWA BY: tel% BY: AVTEST MZiyor Pro tem UNITED ACTION FOR YOUTH RESOLUTION NO. 77-234 RESOLUTION APPROVING PRELIMINARY AND FINAL LARGE SCALE NON-RESIDENTIAL DEVELOPMENT FOR BYWATER DEVELOPMENT WHEREAS, the owner, W. M.and R. L. Bywater , has filed with the City Clerk of Iowa City, Iowa, an application for approval for a large scale non-residential development for the following described premises located in Iowa City, Johnson County, Iowa, to -wit: Lot 2, BDI First Addition to Iowa City, Iowa. (3 acres). On Highway #6 between H.J. Heinz and H. P. Smith buildings.' l WHEREAS, said property is owned by the above-named party and no dedications are required; and, WHEREAS, the Department of Community Development and the Public Works Department have examined the proposed large scale non-residential development and have approved the same; and, WHEREAS, the said large scale non-residential develop- ment has been examined by the Planning and zoning Commission and after due deliberation said Commission has recommended that it be accepted and approved. WHEREAS, said large scale non-residential development is found to conform with requirements of the City ordinances of the City of Iowa City, Iowa. Sla i Received P, Approved By The Legal Departmznf Resolution No. 77-234 Page 2 NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the said plat is hereby approved as a large scale non-residential development. 2. That the said large scale non-residential develop- ment shall conform with all the requirements of the City of Iowa City, Iowa, pertaining to large scale non-residential developments. 3. That the City Clerk of the City of Iowa City, Iowa, is hereby authorized and directed to certify a copy of this resolution to the Office of the County Recorder of Johnson County, Iowa, after final passage and approval as authorized by law. Passed and approved this Sth day of July , 1977 It was moved by Balmer and seconded by Selzer that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x x x x x x x A=T: �� J ity er Balmer i deProsse Foster Neuhauser Perret Selzer Vevera MrA 'EM -1 MA sa�- ,ly 5, 1977 Business Development Incorporated hereby agrees to deposit with the City Clerk in escrow an amount equal to 10/13ths of the total cost of the sanitary sewer referred to in the Agreement between William Bywater and the City of Iowa City and agrees to other applicable terms and conditions in said agreement. BUSINESS DEVELOPMENT INCORPORATED By: Joh Y n Daniel, President REFERENCE: Large Scale Non -Residential Development Plan Lot 2, BDI First Addition FI L E D JUL 51977 D ABBIE ST©LFUS CITY CLERK Received & Approved By The Legal Dapartm_ot S` -77 47 f1c e RESOLUTION NO. 77-235 RESOLUTION APPROVING CLASS Class C LIQUOR CONTROL LICENSE APPL=TM BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Liquor Control License application is hereby appro— ve�ifor the following named person or persons at the following described location: Anthony Mastrey dba/Valentino's, 115 E. College Said approval shall be subject to any conditions I or re- strictions hereafter imposed by ordinance or State law. The City Clerk shall cause a recommendation For approval to he endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond, sketch of the premises and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by 'Foster and seconded by Perret that the Resolution as reada adopted, and upon roT ca there were: AYES: NAYS: ABSENT: Balmer x 1 deProsse x Foster x Neuhauser x Perret x Selzer x Vevera x Passed and approved this 5th day of July 19 77 S ax RESOLUTION NO. 77-236 RESOLUTION TO ISSUE CIGARETTE PERMITS WHEREAS, the following firms and parsons have made application, filed the bond, and paid the mulct tax required by law for the vale of cigarettes and cigarette papers; therefore, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the applications be granted and the cigarette bond now on file in the office of the City Clerk be and the same are hereby approved, and the City Clerk be and he is hereby directed to issue a permit to sell cigarette papers and cigarettes to the following named persons and firmed see attached list for 1977-78 permit applicants i It was moved by Foster and seconded by Perret that the Resolution as read be adopted, and upon roll call there were : AYES: NAYS: ABSENT: Balmer X deProsse X Foster X Neuhauser X Perret X Selzer X Vevera X Passed this 5th day of July , 19 77 CIGARETTE PERMITS - July 1, 1977 through June 30, 1978 78-98 - Gabe 'n' Walkers, 330 E. Washington 78-99 - John's Grocery, 401 E. Market 78-100 - Pagliai's Pizza Palace Ltd., 302 E. Bloomington 78-101 - Discount Dan's Shell, 933 S. Clinton 78-102 - Deadwood Tavern, M Clinton Street Mall 78-103 - Tuck's Place, 210 N. Linn 78-104 - The Goody Shop, Clinton St. Mall V1 �� G RESOLUTION NO. 77-237 RESOLUTION TO ISSUE DANCING PERMIT BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Dancing Permit as provided by law is hereby granted to the following named person and at the following described locations upon his filing an application, having endorsed thereon the certificates of the proper city officials as to having complied with all regulations and ordinances, and having a valid Class "B" Beer Permit, to wit: EECH dba/Gabe 'n' Walkers, 330 E. Washington It was moved by Foster and seconded by Perret that the Resolution as read be adopted, and upon roll call there were: Balmer deProsse Foster Neuhauser 1 Perret Selzer Vevera AYES: NAYS: x Passed and approved this 197 7 . ABSENT: 5th day of July .5a "&4 _ RESOLUTION NO. 77-239 A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE CONTRACTS FOR SENIOR CITIZEN SERVICES IN IOWA CITY, IOWA, AREA WITH THE JOHNSON COUNTY COUNCIL ON AGING WHEREAS, the City Council of Iowa City, Iowa, deems it in the public interest to provide the senior citizens in the Iowa City, Iowa, area with services and programs, and WHEREAS, the Johnson County Council on Aging will provide direct services and sponsor programs which will directly benefit the senior citizens in Iowa City, and WHEREAS, the Johnson County Council on Aging is a non-profit organization which is organized and operates under the State laws of Iowa, and WHEREAS, the City of Iowa City is empowered by the State law to enter into contracts and agreements, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the Mayor be authorized to execute the attached contract and by this reference be made a part hereof, and the City Clerk be made to certify the said agreement. It was moved by Selzer and seconded by deProsse that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Balmer X deProsse X Foster X Neuhauser X Perret X Selzer X Vevera l Passed and approved this 5th Attest: Ci y Clerk day of July , 1977. RECEIVED & App-pG TD B `ll � LEG 2"1 �� 'NT 1 j oVff AGREEMENT This Agreement was made and entered into on the ,S� day of , 1977, by and between the City of Iowa City, Iowa, a mun cipal corporat'on, erein- after referred to as the "City," and the Johnson Count Council on Aging, herein- after referred to as the "Council on Aging," for a one year period beginning July 1, 1977, and ending June 30, 1978. Such contract of emplo ment to be subject to tie following terms and conditions and stipulations, to wit: The Council on Aging shalnot permit any o�the following employment practices: \ a. To discharge from employment or refuse/ to hire any individual because of their race, creed, coNoor, national/origin, religion, age, sex, marital status, sexual orientate or disabi ity. b. To discriminate against anndividVal in terms, conditions, or privileges of employment because of th it racreV., creed, color, national origin, religion, age, sex, marital status, se ual o ientation or disability. I. SCOPE OF SERVICES The Council on Aging agrees to prov which will directly benefit the senior ci on the Council on Aging staff shall be a service programs to meet the needs of seo II. GENERAL TERMS the direct services and sponsor programs ens in the City of Iowa City. Included 1 -time director who shall plan and direct \citizens in the community. 1. The City of Iowa City shall pay/to the Council on Aging the sum of $17,500 ($1,458.33/month) with the agreementbetween the parties that the said money shall be used toward salary for the full-time director. The remaining amount may be used for, but not limited to, office supplies and telephone services. The Johnson County Board of Supervisors will continue/to provide office space. 2. The City will transfer funds monthly to the Coungil on Aging. 3. iFor the purposes of the Agreement, the director is an employee of the Johnson County Council on Aging and any fringe benefits received y the director shall be through the Council on Aging. The director of the Council on Aging shall adhere to the personnel policies formulated by the Council on Aging. 4. The Council on Aging,,acting as its own agent, agrees 4O defend, indemnify, and save harmless the City of Iowa City, Iowa, its officers, mployees, and agents from any and all liability or claims of damages arising under the terms of the Agreement, or for any wrong doings caused by the Council on Aging Staff including, but not limited to, injuries to persons or properties served by 1r coming into contact with the Council on Aging. 5. The Council on Aging shall maintain in full force and effect a comprehensive liability insurance policy executed by a company authorized to do insurance business in the State of Iowa, in a form approved by the City Manager. The minimum limits of such policy shall be as follows: J- 7 To cover the insur__ liability for personal injury death in the amount of $500,000 and for property damage of $10,000. Each policy shall contain the following endorsement: "It is expressly and rstood and agreed that this pol'cy shall 'insure against all claims, s its, damages, costs, losses a d expenses resulting in any manner from, ar'sing out of or connected wi h the operations and conduct of the Council n Aging activities by any agents, officers, or employees of the Counci On Aging." "It is further understood and agreed that befor the insurance policy to which this endorsement is attached may be s spended or cancelled, the City of Iowa City, Iowa, w 11 be given thirty (30) days prior written notice of such proposed suspension or cancellation. It is further understood and agreed that the obligation o this policy s all not be affected by any act or omission of the named ins ed, with res ect to any condition or require- ment attached thereto, nor by ny default of the insured in payment of the premium, nor in the giving of y notice equired by said policy, or other- wise, nor by the death, insolve cy, ban uptcy, legal incapacity, or inability of the insured." The failure of the Council on Aging to shall constitute immediate termination contained herein. 6. The Council on Aging will provide supplies. , 7. The Director for Council on Aging City Council of Iowa City. 8. This Contract may be termin outstanding bills are to be paid with -no liability of the City bey FOR THE CITY: in such a policy in full force and effect s Agreement and of all rights and privileges sary accounting for payroll and will sub't monthly progress reports to the upon thirty ays notice by either party. All termination within the thirty -day period and that thirty -da :period - ATTEST: CITE CLEC rniimrTi nN arTNr- RECEIVED & APPROVED THE LEGS i _r3o RESOLUTION NO. 7 7- 2 4 0 RESOLUTION AUTHORIZING THE CITY ATTORNEY TO OBTAIN PATENTS FROM THE STATE OF IOWA FOR CERTAIN STREETS AND ALLEYS LOCATED WITHIN THE CITY OF IOW CITY. WHEREAS, On March 3, 1839, the Congress of the United States of America appropriated a section of land to the Territory of Iowa for purposes of establishing a seat of government, and WHEREAS, the Council and House of Representatives of the Territory of Iowa authorized certain commissioners to select a site for such seat of government, and subsequent thereto accepted a plat dated July 12, 1839, which set forth the streets, alleys, other public lands and the layout of lots within said plat, and WHEREAS, the City of Iowa City was incorporated by the Fourth General Assembly of the State of Iowa in 1853, and WHEREAS, certain streets and alleys, as specified in Exhibit A, attached hereto and by this reference made a part hereof, are located within the plat submitted to and approved by the Territorial Legislature, and WHEREAS, significant questions have arisen as to the ownership of such streets and alleys, and WHEREAS, said streets and alleys are within the Project Area of Urban Renewal Project Iowa R-14, and WHEREAS, the State of Iowa is authorized pursuant to Chapter 403 of the 1977 Code of Iowa to dedicate, sell, or convey any of its interest in any property located within an Urban Renewal Area to a municipality for the pur- pose of aiding in the carrying out of an Urban Renewal Project, and WHEREAS, full and legal title to said streets and alleys by the City of Iowa City is essential to the successful completion of Urban Renewal Project Ioawa R-14, and WHEREAS, no specific appraisal has been made as to the value of said streets and alleys. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the City Attorney is hereby authorized to offer the sum of One Dollar and other valuable consideration to the State of Iowa for a separate patent for each street and alley set forth in Exhibit A attached hereto, and BE IT FURTHER RESOLVED, that the City Treasurer is hereby authorized to issue checks in payment therefor. It was moved by Foster and seconded by deProsse that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Balmer x deProsse X Foster X Neuhauser X Perret x Selzer x Vevera ,S3 / 74.A : M The College Street right of way from the west right of way line of Clinton Street to the east right of way line of Capitol Street in Iowa City, Johnson County, Iowa, according to the recorded plat thereof. The Capitol Street right of way from the south right of way line of Burlington Street to the north right of way line of Court Street in Iowa City, Johnson County, Iowa, according to the recorded plat thereof. The east -west alley fron the west right of way line of Clinton Street to the east right of way line of Capitol Street in Block 84., in Iowa City, Johnson County, Iowa, according to the recorded plat thereof. The east -west alley from the west right of way line of Clinton Street to the east right of way line of Capitol Street in Block 83, in Iowa City, Johnson County, Iowa, according to the recorded plat thereof. The east -west alley from the west right of way line of Linn Street to the east right of way line of Dubuque Street in Block 64, in Iowa City, Johnson County, Iowa, according to the recorded plat thereof. The north 120 feet of the north -south alley in Block 101, in Iowa City, Johnson County, Iowa, according to the recorded plat thereof, J-3-3 RESOLUTION NO. 77-241 RESOLUTION ESTABLISHING A TRAVEL POLICY REGULATING TRAVEL FOR MUNICIPAL PURPOSES WHEREAS, during the conduct of municipal affairs, officers, employees, and agents of the City of Iowa City incur various travel related expenses, and WHEREAS, it is necessary to reimburse individuals who incur such expenses while conducting official City business, and WHEREAS, the City Manager has formulated a travel policy, which is attached to this resolution and by this reference made a part hereof, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the attached travel policy be adopted as the official travel policy governing expenses incurred by municipal officers, agents, and employees while on official business. It was moved by deProsse and seconded by Foster that the Resolution as read be adopted and upon roll call there were: AYES: NAYS: ABSENT: X Balmer x deProsse x Foster x Neuhauser x Perret x Selzer X Vevera Passed and approved this 5th day of July 1977. Attest: -'1 A,o� City Clerk �IJ L!___i�.y� RECEIVED & APPROVED BY T � GALooD••E�P�ARTMENT , 3T PROPOSED TRAVEL POLICY JUNE, 1977 j3y- TABLE OF CONTENTS PAGE SECTION 1 - GENERAL INFORMATION . . . . . . . . . . . . . . . . . . . 1 Policy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Applicability. . . . . . . . . . . . . . . . . . . . . . . . 1 Responsibility of Department Head . . . . . . . . . . . . . . . . 1 Responsibility of Employee/Official. . . . . . . . . . . . . . . 1 Limitations on Travel . . . . . . . . . . . . . . . . . . . . . . 2 SECTION 2 - TYPES OF TRAVEL OR REIMBURSABLE EXPENSES. . . . . . . . . 2 Educational . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Operational . . . . . . . . . . . . . . . . . . . . . . . . . . .2 Moving Expenses . . . . . . . . . . . . . . . . . . . . . . . . .2 Pre -Employment Interview . . . . . . . . . . . . . . . . . . . .3 Miscellaneous . . . . . . . . . . . . . . . . . . . . . . . . . . 3 SECTION 3 - PROCEDURES FOR FILLING OUT FORMS . . . . . . . . . . . . . 3 Types of Forms Used . . . . . . . . . . . . . . . . . . . . . . . 3 Directions For Use . . . . . . . . . . . . . . . . . . . . . . .3 Advances . . . . . . . . . . . . . . . . . . . . . . . . . . . .3 Receipts . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 ;F.CTION 4 - TRANSPORTATION . . . . . . . . . . . . . . . . . . . . . . 4 Policy. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Modes of Transportation . . . . . . . . . . . . . . . . . . . . . 4 SECTION 5 - LODGING . . . . . . . . . . . . . . . . . . . . . . . . . 5 Policy . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 SECTION 6 - MEALS . . . . . . . . . . . . . . . . . . . . . . . . 5 Policy. . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Meals During Meetings. . . . . . . . . . . . . . . . . . .5 Payment of Expenses of Non -City Employees. . . . . . . . . . . . 5 SECTION 7 - MISCELLANEOUS FEES . . . . . . . . . . . . . . . . . . . . 6 Registration Fees. . . . . . . . . . . . . . . . . . . . . 6 Parking, Telephone, and Tips . . . . . . . . . . . . . . . . . . 6 Exceptions . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 S.3z SECTION I - GENERAL INFORMATION 1. POLICY Officials and employees required to travel out of Iowa City in the interest of the City may do so at City expense in accordance with the following regulations and limitations. For the purpose of this policy, official travel shall include the following types of travel: operational, educational, moving expenses and pre-employment (see definitions in Section 2). 2. APPLICABILITY This policy applies to all City employees, prospective employees who travel for pre-employment interviews, councilmembers and commission or board members. Prior to any official travel, employees and appointed officials must obtain approval from their respective Department Heads and the City Manager. Councilmembers must obtain the prior approval of the City Council. A simple majority is required. The City Manager will sign all Council requests in order to certify date of Council approval and the Finance Director will certify fund. availability. For the purpose of approval and reimbursement, employees/officials must submit Travel -Authorization Form T-1 prior to departure and Expenditure Detail Form T-2 upon return (see instructions in Section 5). 3. RESPONSIBILITY OF DEPARTMENT HEAD Before submission for approval of the City Manager, it will be the responsibility of the Department Head to insure that adequate funds are budgeted and unexpended for the estimated cost of the travel request. If funds are not available, a budget amendment sheet shall be included for its allocation. The Department Head also will justify on Form T-1 the reason for the employee/official's travel and the expense. 4. RESPONSIBILITY OF EMPLOYEE/OFFICIAL It will be the responsibility of each employee/official traveling as an official representative of the City of Iowa City to maintain sufficient documentation of expenses incurred during the trip to aid in completing the expense form and to document any expenditures. LIMITATIONS ON TRAVEL The number of employees/officials attending the same conference or meeting held within the State of Iowa shall not exceed the minimum number of employees/officials the Department Head deems necessary to accomplish the goals established by the department for such attendance. Normally, approval will not be granted for more than two employees/officials to attend the same conference or meeting in the Midwest. In all other areas of the country, approval will normally be restricted to one employee/official. Obviously, special circumstances will be considered. The number of councilmembers attending the same conference or meeting is subject to the approval of the council. SECTION 2 - TYPES OF TRAVEL OR REIMBURSABLE EXPENSES EDUCATIONAL Attendance at professional meetings or conferences and training sessions which increase the job knowledge and qualifications of the City representative is considered educational travel. Department Heads should consider providing for any employee appropriate educational opportunities which are deemed to be in the City's interest. OPERATIONAL Any travel outside the metropolitan area necessary to conduct City business and/or to perform activities associated with the normal duties of a department is considered operational travel. MOVING EXPENSES Moving expenses to be incurred by the City for a newly hired department/ division head when moving from outside the metropolitan area to Iowa City will be approved by the City Manager in advance of a position offer being tendered. The amount shall be the minimum necessary for the City to attract the selected candidate. The employee may select the carrier. However, the City will contract for the service. The department head will prepare for the Manager's approval a letter of authorization to the selected moving company authorizing such a move, specifying the extent of services desired, and thereby obligating the City for the expenses incurred. The insurance coverage desired will be detailed in the letter to the moving company. In all cases the maximum insurance limit permitted by the moving company will be authorized. Payment for any moving expenses will not be allowed unless the appropriate letter of authorization has been issued. After the move has been completed a copy of the authorization letter along with the invoices must be attached to Form T-1. 3. PRE-EMPLOYMENT INTERVIEW Transportation and accommodation expenses incurred by candidates interviewed for positions with the City will be paid by the City when such interviews are requested by the City with the City Managers approval. Candidates for department/division heads or professional positions are eligible for reimbursement under this category. The concerned department will make arrangements for the applicant's lodging and airfare. These expenses may then be billed to the City. Incidential expenses incurred by the applicant must be submitted on Form T-1 for reimbursements by the City. MISCELLANEOUS Meals during meetings and expenses of non -City employees are covered in Sections 6 and 7. SECTION 3 - PROCEDURES FOR FILLING OUT FORMS TYPES OF FORMS USED: Form T-1 - Travel Authorization: To be filled out at least ten (10) working days before leaving, or as soon as possible for unscheduled trips. Form T-2 - Expenditures Detail (3) days after return. DIRECTIONS FOR USE: To be completed within three Directions for submission and routing procedures are written on these forms. ADVANCES: In order not to make the employee on official travel incur a financial hardship in paying for expenses as they are incurred, an advance, not to exceed $50/day, for the estimated cost of the travel will be granted if justified on Form T-1, Section III. It will be the responsibility of the employee/official to return any unused advance to the Finance Department cashier within 3 days after return. It will also be the responsibility of the employee/ official in custody of an advance to cover any loss of City funds. Travelers -Checks are advised for out-of-state travel and/or advances over $100 and under these circumstances the cost of Travelers Checks will be borne by the City. 4. RECEIPTS Expenses claimed for reimbursement normally will be documented by receipts. Those expenses not documented by receipts will be justified by the employee/official in writing upon his/her return. Reimbursement will be based on actual expenses. -3- SECTION 4 - TRANSPORTATION POLICY All travel nw5t he by the usually traveled (must, direct) route. On those occasions when an indirect route is selected by an employee/ official, expenses will be reimbursed on the basis of a direct route. All extra expenses due to indirect route will be borne by the employee/official. All transportation arrangements are to be made by the employee or that individual designated in the department to do so. All employees/ officials are expected to use the most economical form of trans- portation. 2. MODES OF TRANSPORTATION A. Airfare Reimbursement will be on the basis of coach airfare only. It is the individual's responsibility to reserve their own airplane tickets through a local travel agency which will bill the City. When reserving a ticket, the standard requisition procedures must be followed. Notice of any cancellation of tickets should be given immediately to the Purchasing Division. Travel to and from airports shall be by bus, limousine, private or City vehicle. The taxi may be used only as a last resort. Special prior authorization for rental airplanes or chartered airplanes must be obtained from the City Manager. City Vehicles (also refer to City Vehicle policy) City vehicles will be used for all in-state travel, unless unusual circumstances warrant the use of alternative types of transportation. Reimbursement will be made upon presentation of receipts for gas and oil used. Private Vehicles (also refer to City Vehicle policy) The use of private vehicles for official travel requires prior authorization of City Manager on Form T-1. Reimbursement will be made on the basis of fifteen cents (15Q) per mile by the most direct route. If out-of-state travel is authorized via personal car, the mileage reimbursement shall not exceed the cost of coach airfare to the same destination. Likewise, meal and lodging reimbursements will be based on the travel time by air. All extra expenses incurred due to increased travel time will be borne by the employee/official. In addition, extra time away from work due to increased travel time will be deducted from accumulated leave. -4- d4X) 3. D. Rental Cars Rental cars for official travel are prohibited unless prior authorization is obtained from the City Manager. Taxi Cabs The use of taxi cabs shall be restricted to situations where less expensive means of transportation are not available or are impractical. SECTION 5 - LODGING POLICY Reimbursement for lodging will be limited to the minimum number of nights required to conduct the assigned City business. Employees will be reimbursed at a rate not greater than the cost of a medium priced single room suitable for the purposes of employees/officials on City business. If the lodging receipt includes expenses of non - City employees, reimbursement will be based on the price of an equivalent single room as certified by the innkeeper on the receipt or other documentation. SECTION 6 - MEALS POLICY Employees/officials will be allowed three (3) meals for each full day of travel. This three (3) meal allotment will be reduced while attending conventions which include pre -paid meals. No reimburse- ment will be made for entertainment or for meals of persons other than City employees unless such expenses are specifically approved by the City Manager. Reimbursement for alcoholic beverages is prohibited. MEALS DURING MEETINGS (within metropolitan area) Reimbursement will be made only if documented that it was necessary to hold a meeting during a meal time hour outside of regular working hours or if the employee is required to attend a meeting on City business which normally he/she would not attend. Prior approval shall be obtained from the City Manager and appropriate documentation submitted for petty cash reimbursement. PAYMENT OF EXPENSES OF NON -CITY EMPLOYEES Form T-2 must be used if the expenses are more than ten dollars ($10.00). If less than $10.00, petty cash is used for reimburse- ment. Documentation of expenses must accompany both forms of reimbursement requests. Prior approval of the City Manager is required. ��i SECTION 7 - MISCELLANEOUS FEES REGISTRATION FEES the Cil.y will pay Lhe actual cost of fees associated with conference or meelinq registration. If pre -registration is requested, attach registfation form to T-1. If the fee is paid by the employee/official at the meeting, a receipt shall be attached to Form T-2 as proof of paymenV_ 2. PARKING, TELEPHONE, AND TIPS The following expenses are eigible for reimbursement provided that receipts or documentation for such expenses are attached to Form T-2. A. Parking fees B. Telephone (for official business) C. Tips (15% limit) D. Travelers Checks (see Section 3 for limitations). Other expenses will be considered for reimbursement upon justification on Form T-2. Laundry and valet expenses are not reimbursable expenses. 3. EXCEPTIONS Exceptions may be allowed only upon presentation of documentation and approval by the City Manager. T-1 (6/77) CITY OF IOWA CITY TRAVEL AUTHORIZATION FILL IN COMPLETELY BEFORE DEPARTURE REGULAR CHECK RELEASE PROCEDURES APPLY ROUTING: 1 -Dept. Director 2 -City Manager 3 -Purchasing Div. REC'D INSTRUCTIONS: Submit 2 copies (3 copies if advance or registration requested, 4 copies if both requested). Only one person's expenses shall be included on this Travel Expense Form, except if one person acts in guardian capacity for travel funds. After form is completed, obtain department director's justification and signature and route to City Manager for approval. Two copies of Form T-1 will be returned for attachment to T-2 after completion of travel. I. TYPE OF TRAVEL (CHECK ONE) ( ) Operational ( ) Educational ( ) Pre -Employment* ( ) Moving Expenses* *For these expenses, use Form T-1 only. Attach receipts and letter of authorization (for moving expenses). II. TRAVEL AUTHORIZATION REQUESTED FOR: NAME -RECIPIENT OF CHECK DEPARTMENT ACTIVITY # OTHER EMPLOYEES COVERED BY THIS AUTHORIZATION NAME OF CONFERENCE/PURPOSE OF TRIP a.m. a.m. p.m. p.m. CONFERENCE INCLUSIVE DATES DESTINATION DEPARTURE DATE RETURN DATE III. ESTIMATED CITY EXPENSE 1. Transportation: (Check One) $ ( ) Airfare Travel Agency to Bill City ( ) City Vehicle gas and oil costs) ( ) Private Vehicle - City Manager's Approval _ ( ) Other: _ — 2. Registration - Specify mailing instructions and underline desired $ check release date. ( Mail check on 13 23 to: Payee Address city State Zip ( ) OR: Return check to Dept. by 13 23. 3. Meals for person(s) for day(s). $ 4. Lod iin for person(s) for day(s). $ TOTAL ESTIMATED TRAVEL EXPENSE ---------------------------------------- $ ADVANCE REQUESTED FOR OUT-OF-POCKET EXPENSES ---------------------------- $ J-3 ACOMPIFTF RFVFRCF CTnF IV. DIRECTOR'S JUSTIFICATION FOR TRAVEL: V. FUND AVAILABILITY: TRAVEL BUDGET $ YEAR-TO-DATE EXPENDITURE BALANCE AVAILABLE FOR = THIS REQUEST VI. CITY MANAGER'S AUTHORIZATION: Date s'x/'17' T-2 (6/77) CITY OF IOWA CITY ROUTING: EXPENDITURE DETAIL 1 -Dept. Director 2 -Finance REC'D FILL IN COMPLETELY UPON RETURN INSTRUCTIONS: Attach two copies (one with receipts attached) to Forms T-1. Return any unused advance immediately to the Finance Cashier, attach receipt of this, and route to Accounting. After reconciliation, 1 set of both forms will be returned to you. NAME DEPARTMENT INSTRUCTIONS: Please place each expense total in the appropriate column ("A" or "B"). ACTIVITY # I. TRANSPORTATION (Check One): ( ) Airfare ( ) City Vehicle -attach gas & oil receipt ( ) Private Vehicle- miles X 15d per mile or coach airfare, whichever is less. ( ) Other: II. LODGING night(s) at $ each. If receipt includes ex o non -City employees, claim only for rate of equivalent room, as certified to by innkeeper on receipt. III. MEALS (Attach receipts in chronological order): DAY 1 DAY 2 DAY 3 DAY 4 DAY 5 Breakfast $ $ $ $ $ Lunch Dinner Tips Total $ $ $ $ $ Use back of form if additional days are needed. IV. REGISTRATION V. MISCELLANEOUS EXPENSES (Document and attach receipts when possible - use back of sheet if necessary) PREPAID BY OUT -OF - OR CHARGED POCKET TA rTTv rvnr\lfr VI. CALCULATION OF TOTAL EXPENSE: TOTAL "A" $ + TOTAL "B" $ VII. RECONCILIATION OF ADVANCE: TOTAL "B" $ LESS ANY ADVANCE $ ( ) AMOUNT REQUESTED $ ( ) AMOUNT RETURNED COMPLETE REVERSE SIDE The forementioned is a true and accurate accounting of expenses incurred in conjunction with service performed for the City of Iowa City. 1 -Employee 2 -Department Director Note: In addition, route 1 copy of Form T-3 to City Manager upon completion of travel, and one copy to your Department Director. FINANCE USE ONLY: Reconciled y: Date T-3 CITY OF IOWA CITY EDUCATIONAL TRAVEL QUESTIONNAIRE Instructions: Upon return, submit 1 copy to City Manager's office and one copy to your Department Director (separate from T-1 and T-2) NAME DEPARTMENT DIVISION 1. What conference, workshop, or seminar did you attend? 2. Describe the value of the experience to you and the City. 3. Would you recommend that others also attend this activity at a future time: Who would most benefit - people in a similar position, subordinates? RESOLUTION N0. 77-242 A RESOLUTION ESTABLISHING A SCHEDULE OF FEES WITH REGARD TO DELINQUENT WATER SERVICE ACCOUNTS. WHEREAS, Ordinance No. 77-2841 provides that the City Council establish by resolution a schedule of fees for delinquent water service accounts, and WHEREAS, the City Council is desirous of establishing a fee which reflects the costs incurred in processing delinquent accounts, NOW, THEREFORE, BE IT SO RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOi% CITY, IOWA, that: The Director of Finance is hereby authorized to charge the amount of Three Dollars ($3.00) for each water service account which has not been paid within thirty (30) days of the billing date. It was roved by deProsse and seconded by Foster that the Resolution as read be adopted, and upon roll call there were: x M.� Passed and approved this 5th Balmer deProsse Foster Neuhauser Perret Selzer Vevera day of July Mayor .ATTEST: OL- CITY CLERK 1977. / MCEIVED & }� M IZAL DF�li'"?tet+`P le., _ /"'L RESOLUTION NO. 77-243 RESOLUTION APPROVING PLANS, SPECIFICATIONS, AND FORM OF CONTRACT FOR THE JEFFERSON/MARKET SIGNALIZATION PROGRAM FAUS M-40-30 (1) -- 81-52 WHEREAS, on the 23rd day of May, 1977, plans, specifications, and form of contract from the Dept. of Public Works, Iowa City, IA, were filed with the Iowa Dept. of Transportation, Ames, IA, for the construction of the Jefferson/Market Signalization Program within the City of Iowa City, IA, and WHEREAS, said program is to be funded in part by Federal Aid to Urban Systems monies, and WHEREAS notice of hearing on plans, specifications and form of contract was published by the City of Iowa City, IA, as required by law: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IA: That the said plans, specifications and form of contract attached to this Resolution and by this reference made a part hereof, are hereby approved as the plans, specifications and form of contract for said Jefferson/Market Signalization Program. Further, that bids will be opened by the Iowa Department of Transportation on the 17th day of July, 1977. It was moved by Foster and seconded by deProsse I that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x BALMER x dePROSSE x FOSTER x NEUHAUSER x PERRET x SELZER x VEVERA Passed and approved this 5th day of JulY 1977. Q Mayor ATTEST: " City Clerk By�Tph2 Legal Department J RESOLUTION NO. 77-244 RESOLUTION ACCEPTING PAVING AND STORM SEWERS IN PARTS 8, 9, 10 OF BRYN MAWR WHEREAS, the Engineering Department has certified that the following improvements have been oc pleted in accordance with plans and specifications of the City of Iowa City, Concrete paving in Bryn Mawr Heights Additions 8, 9, 10, as constructed by Metro Pavers, Inc. of Iowa City, Iowa. Storm sewer in Bryn Mawr Heights Additions 8, 9, 10, as constructed by Sammons Construction Company, Inc., of Keokuk, Iowa. Metro Pavers, Inc. and AND WHEREAS, Maintenance Bonds for Sammons Construction Co...Inc.are on file in the City Clerk's Office, NOW THEREFORE BE IT RESOLVED by the City Council of Iowa City, Iowa, that said improvements be accepted by the City of Iowa City. It was moved by Selzer and seconded by dePross that the Resolution as read be accepts , and upon roll ca 1 ere were: BALMER AYES: NAYS: V4 dePROSSE x FOSTER x NEUHAUSER x PERRET x SELZER x VEVERA x Passed and approved this 5th day of ATTEST: July 19 77 . Tal MW l R --caved & Arproved By Via Leg. -1 D=partment RESOLUTION NO. 77-245 RESOLUTION APPROVING CLASS C LIQUOR CONTROL LICENSE APPLiLi TM BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Liquor Control License application is hereby appro�Tor the following named person or persons at the following described location: James J. Tucker dba/Tuck's Place, 210 North Linn St. Said approval shall be subject to any conditions tor re- strictions hereafter imposed by ordinance or State law. The City Clerk shall cause a recommendation for approval to he endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond, sketch of the premises and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by Foster and seconded by Perret that the Resolution as res a adopted, and upon ro71caTT there were: AYES: NAYS Balmer x deProsse x Foster x Neuhauser x Perret x Selzer x Vevera x ABSENT: Passed and approved this 12th day of July 19 77 RESOLUTION NO. 77-246 RESOLUTION OF APPROVAL OF CLASS "C" BEER PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class "C" Beer Permit Application is hereby approved for the following named per- son or persons at the following described locations: John Raymond Alberhasky dba/John's Grocery, Inc., 401 E. Market St. Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance or state law. The City Clerk shall cause a recommendation for approval to be endorsed upon'the application and forward the same together with the license fee, surety bond and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by Foster and seconded by Perret that the Resolution as read be adopted, and upon roll call there were: Balmer deProsse Foster eu auser erret Selzer evera AYES: NAYS: ABSENT: x x i Passed this 12th day of July 1 19 77 RESOLUTION NO. 77-247 RESOLUTION OF APPROVAL OF CLASS "C" BEER PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class "C" Beer Permit Application is heroby approved for the following named per- son or persons at the following described locations: Osco Drug, Inc. dba/Osco Drug, Inc., 120 East College St. Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance or state law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, surety bond and all other information or documents required to the Iowa Beer and Liquor Control I�Ppartment. It was moved by Foster and seconded by Perret that the Resolution as read be adopted, and upon roll call there were: Balmer deProsse Foster eu auser erret Selzer evera Passed this AYTS: NAYS: ABSENT: x x x 12th day of July , 19 77 5�5 /6" RESOLUTION No. 77-248 RESOLUTION TO ISSUE CIGARETTE PERMITS WHEREAS, the following firms and persons have made application, filed the bond, and paid the mulct tax required by law for the aale of cigarettes and cigarette papers; therefore, HE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the applications be granted and the cigarette bond now on file in the office of the City Clerk be and the same are heroby approvad, and the City Clerk be and he is hereby directed Lo issue a permit to sell cigarette papers and cigarettes to the following named persons and firms: See attached list for 1977-1978 cigarette permit applicants i It was moved by Foster and seconded by perret that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Balmer X deProsse X Foster X Neuhauser X Perret X Selzer X Vevera X Passed this 12th day of July , 19 77 Jsz CIGARETTE PERMITS - July 1, 1977 through June 30, 1.978 7S-98-- r-abe 'n' Walkers, 3.30 9.Washiamen 78-9-9r-- John=s -Grocery -,401- E.- Market 78-100-- Pag1-ia _=.s-=Piz-za--Palace_Ltd_-302-E..-Bloomington -78=101 Discount-Dan's-She1l,-933_ S.._-C.1i.nton 78-102- - -Deadwood. Tavern,__rLCli_mton_Street-Ma11 78-103---Tuck'-s-Placer_210-N. Linn 78-1&4_- The -Goody Shop., -.C] Snton St—Nall 78-105 - Harry's Dodge Street D -X, 605 N. Dodge St. 78-106 - Leo's Standard Service, 130 N. Dubuque St. 78-107 - First Avenue Deep Rock, 2229 Muscatine Ave. RESOLUTION NO. 77-249 RESOLUTION DIRECTING CITY CLERK TO REPUBLISH NOTICE TO BIDDERS AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS FOR FOUR STORM - WATER PROJECTS IN THE CITY OF IOWA CITY Whereas, notice of public hearing on the plans, specifications, form of contract and estimate of cost for the construction of the above-named project was published as required by law, and the hearing thereon held, and, Whereas, plans, specifications, form of contract and estimate of cost for the construction of the above-named project have been approved by Council, NOW, THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That each proposal shall be made on a form furnished by the City and must be accompanied by a proposal guarantee. The guarantee shall be either 1) a check drawn on, and certified by an Iowa bank; or 2) a bid bond executed by a corporation authorized to contract as a surety in the State of Iowa. The bid guarantee shall be filed in a sealed envelope separate from the one containing the proposal, and in the amount of $8,000.00 (checks shall be made payable to the City Treasurer of the City of Iowa City, Iowa). The proposal guarantee may be forfeited as liquidated damages in the event the successful bidder fails to enter into a contract within ten (10) days and post bond satisfactory to the City insuring the faithful performance of the contract. If submitted, checks of the lowest two or more bidders may be retained for a period not to exceed fifteen (15) days until a contract is awarded or rejection made. Other checks will be returned after the canvass and tabulation of bids are completed and reported to the City Council. 2. That the City Clerk is hereby authorized and directed to republish notice for the receipt of bids for the construction of the above- named project in a newspaper published at least once weekly and having a general circulation in the City not less than four (4) nor more than twenty (20) days before the date established for the receipt of bids. 3. That bids for the construction of the above-named project are to be received by the City of Iowa City, Iowa, at the Office of the City Clerk, at the Civic Center, until 10:00 A.M. on the 28th day of July, .1977. Thereafter the bids will be opened by the City Engineer, and thereupon referred to the Council of the City of Iowa City, Iowa, for action upon said bids at its next meeting to be held at the Council Chambers, Civic Center, Iowa City, Iowa, at 7:30 P.M. on the 2nd day of August, 1977. QHR'1 13 17 3_-,_ Resolution #77-249 Page 2 It was moved by Foster, seconded by Perret, that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Balmer �— deProsse —X— Foster T Neuhauser —fes Perret T Selzer Vevera Passed and approved this 12th day of July, 1977. .. L'. ��.r .., Mm ATTEST: ?/.�' Deputy City Clerk D' -3-x RESOLUTION NO. 77-250 RESOLUTION AUTHORIZING AND DIRECTING THE SOLICITATION OF OFFERS TO PURCHASE LAND FOR PRIVATE REDEVELOPMENT WHEREAS, the City of Iowa City, Iowa, has under date September 2, 1970, entered into a contract for loan and grant with the United States of America; and, WHEREAS, the City of Iowa City, Iowa, has previously adopted and approved an Urban Renewal Plan for said project, which Urban Renewal Plan was adopted and approved in Resolution No. 2157, passed by the City Council of Iowa City, Iowa, on October 2, 1969, which Plan has been modified and amended from time to time; and, WHEREAS, the City of Iowa City, Iowa, has acquired certain land within the Urban Renewal Project area, and in accordance with the Urban Renewal Plan has prepared such land for sale for private redevelopment. NOW THEREFORE, BE IT RESOLVED by the City Council of Iowa City, Iowa, that the City Manager is hereby authorized and directed to solicit offers to purchase land for private redevelopment for the following listed parcels located within its Urban Renewal Project area: 64-1, 81-1, 82-1a, 82-1b, 83-1 and 84-1, 93-2, 93-3, 93-1 and 101-2, 101-1, 102-1, 102-2, 102-3 and 102-4, and 103-3. BE IT FURTHER RESOLVED, that the City Clerk is hereby authorized and directed to publish notice of such solicitation of offers to purchase land for_ private redevelopment. It was moved by deProsse and seconded by Perret that the Resolution as read be adopted and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x deProsse - x Foster x Neuhauser x Perret x Selzer x Vevera Passed and approved this 12th day of July 7977 Mayor ATTEST: c/u �I • $,�/, City Clerk /2� -�/'e" RESOLUTION N0, 77-251 RESOLUTION ESTABLISHING FEES FOR THE DISPOSAL OF SOLID WASTE AT THE IOWA CITY SANITARY LANDFILL. WHEREAS, Ordinance No. 2790 provides that the Council may establish fees for the storage, collection, transportation, processing and disposal of solid waste by resolution, and WHEREAS, the DeparbTent of Public hbrks has calculated that the cost to the City of Iowa City to process One Ton of solid waste at the landfill is $4.62, and WHEREAS, the Deparbrent of Public hbrks has calculated that the monthly cost of an average residential stop is $2.63, of which 39t is a landfill disposal fee. NOW, THEREFDRE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That a fee of $4.62 per ton of solid waste be established for the disposal of solid waste at the landfill. 2. That each water and sewer customer in Iowa City receiving City solid waste pickup be charged 394 per month for the disposal of solid waste, said fee to be billed and collected with water and sewer charges. It was moved by Perret and seconded by deProsse that the Resolution as read be adopted, and upon roll call these were: AYES: NAYS: x Balmer x deProsse x Foster x Neuhauser x Perret x Selzer x Vevera Passed and approved this 12th day of July 1977. ATTEST: Q. Mau aniti City Clerk 7 ./ RECEIVED & 9PPROVED BY THE LPARTMENT SS 7 RESOLUTION NO. 77-252 -0 A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO CERTIFY AN AGREEMENT WITH UNIVERSITY HEIGHTS. WHEREAS, Chapter 403A of the Code of Iowa confers upon every muni- cipality certain powers in the field of low rent or subsidized housing; and WHEREAS, the City Council of the City of Iowa City pursuant to Chapter 403A.5 of the Code of Iowa has created the Iowa City Housing Authority to exercise the powers outlined in Chapter 403A; and WHEREAS, Chapter 403A.9 of the Code of Iowa provides that two or more municipalities in Iowa may jointly exercise the powers conferred in Chapter 403A for the purpose of financing, planning, undertaking, constructing, or operating a housing project or projects; and WHEREAS, Chapter -28E of the Code of Iowa provides that any power exercised by a public agency of this stag may be exercised and enjoyed with any other public agency of this state having such power; and WHEREAS, pursuant to Chapter 403A and Chapter 28E of the Code of Iowa, the City of Iowa City and University Heights wish to enter into an Agreement that will permit the Iowa City Housing Authority to make housing assistance payments on behalf of eligible families to owners of property located within the City limits of University Heights, a copy of which is attached to this Resolution as Exhibit "A" and by this reference made a part hereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the Mayor be authorized to execute and the City Clerk to certify a copy of said Agreement. it was moved by deProsse .and seconded by Perret that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Balmer X deProsse X Foster X Neuhauser X Perret X Selzer X Vevera Passed and approved this 12th day of July 1977. �i Mayor ATTEST: ?%� AGI � • ./3/Z f.! y City Clerk RECEIVED & APPROVED BY THE LEGAL DEPARBIM d x'77 /! /�.� SS 0 4 AGREEMENT 0-5 -/0-7--t - THIS AGREEPLFNT, entered into by and between the City of Iowa City, Iowa, hereinafter called Iowa City and City of Univers�-y Heights, hereinafter called University Heights. WHEREAS, Chapter 403A of the Code of Iowa.confers upon every municipality contain powers in the field of low rent or subsidized housing; and WHEREAS, Iowa City pursuant to Chapter 403A.5 of the Code of Iowa has created the Iowa City Housing Authority to exercise the powers outlined in Chapter 403A; and WHEREAS, Chapter 403A.9 of the Code of Iowa provides that two or more municipalities in Iowa may jointly exercise the powers conferred in Chapter 403A for the purpose of financing, planning, undertaking, constructing, or operating a housing project or projects; and WHEREAS, Chapter 28E of the Code of Iowa provides that any power exercised by a public agency of this state may be exercised and enjoyed with any other public agency of this state having such power; and WHEREAS, pursuant to Chapter 403A and Chapter 28E of the Code.of Iowa, } Iowa City and University Heights wish to enter into,an Agreement that will permit the Iowa City Housing Authority to make housing assistance payments on behalf of eligible families to owners of property located within the City Limits of University Heights -.r;..,,. ' ' NOW, THEREFORE, BE IT AGREED BY AND BETWEEN Iowa City and University Heights as follows: 1.. TERM. That the term of this Agreement shall commence with the date of this Agreement and shall continue unless terminated as provided herein. 2. TERMINATION. That this Agreement may be terminated by either party giving notice to the other in writing as prescribed in this Agree- ment 60 days in advance of the date of the proposed termination_ Upon receiving notice of termination from University Heights, the Iowa City Housing Authority will make no new contracts for housing assistance in University Heights. However, renewals may be executed during the 60 day period prior to termination. The termination date for all housing assistance payments previously contracted for shall coincide with the terms of the existing individual'dwell�ng lease. 3. OPERATION. The Iowa City Housing Authority will administer the program in accordance with the Rules and Regulations established by the Department of Housing and Urban Development and the Annual Contributions Contract entered into between Iowa City and the Depa);"tment of Housing and Urban Development, a copy of which Annual Contributions Contract is attached hereto and made a part of this Agreement. -ssy -2- The Iowa City Housing Authority will perforin the inspections of dwelling units to ensure conpliance with the housing quality standards established by the Departrnent of Housing and Urban Development. Nothing contained herein shall prevent the adoption of more stringent requirements by University Heights. 4. All administrative s otsincurred asithe Annual a this Conprogram rb ons will be borne by the programprovided Contract. 5. NOTICES. All notices required by this Agreement to be made to Iova City shall be made by mailing, by ordinary mail, a letter to the Iowa City Housing Authority, Civic Center, 410 East I9ashington Street, Iowa City, Iowa 52240. All notices required by this Agreement to be made to University Heights shall be made by mailing, by ordinary mail, a letter to the Mayor of University Heights, and to the City Clerk of University Heights, both addressed to 207 Golfview, Iowa City, Iowa. 52240. A11 notices shall be effective upon receipt by the addressee. Nothing':.' -- contained in this paragraph shall prevent additional or other notice being given or giving notice which would exceed the requirements of this paragraph. 6. OBLIGATIC S NOT EXCUSED. This Agreement does not relieve Iona City or University Heights of any obligation or responsibility imposed upon it by law except that to the extent of actual or timely Performance thereof by the Iowa Cit_v Housing Authority, said performance may be offered in satisfaction of the obligation or responsibility. 7_ 7TARILI`17C. University Heights agrees to defend, indemnify and hold harmless the Iowa City Housing Authority, the City of Iowa City, Iona, and the officers, employees, and agents of either, from any and all liability for all den -ends, claims, suits, actions, or causes of action in any way arising out of the performance of this Agreement, or any actions related thereto which are the responsibility of University Heights and involving dwelling units in University Heights. 8. FIIMTtG AND RECORDING. This Agreement shall be filed with the Secretary of the State of Iowa and the County Recorder of Johnson County, Iowa. Dated this 12th day of July , 1977. CITY OF IOWA CITY, IOC CITY QF UNIVERSITY IICIGI3TS, I9'LA //jam Mary C. euhauser, Mayor ederick D. Staab, or ' �/ LL k- ra r l Attest I vac/ Attest �gp y Clerk Lloy A. Know er City Clerk A Resolution'authorizing and directing the Mayor and City Clerk of the City of Universi Heights to execute the above agreement was passed by the Council and approved by the Mayor on May 10, 1977. WHEREAS, the provement covering RESOLUTION N0. 77-253 RESOLUTION ACCEPTING THE WORK ON THE WASHINGTON STREET AMENITIES PROJECT tment has recommended that the im- Street Amenities Prof ect as included in a contract between the City of Iowa City and O'Brien Electric Company of Iowa City, Iowa dated March 23, 1976 , be accepted, AND WHEREAS, the Council finds the improvement is in place and does comply with the requirements for such improvements, AND WHEREAS, maintenance bonds have been filed, NOW THEREFORE, BE IT RESOLVED by the City Council of Iowa City, Iowa, that said improvements be hereby accepted by the City of Iowa City, Iowa. It was moved by deProsse and seconded by Balmer that the resolution as read be adoptV.- and upon roll call ere were: AYES: NAYS: ABSENT: BALKIER x dePROSSE x FOSTER x NEUHAUSER x PST x SELZER x VEVERA x Passed and approved this 12th day of July ,'1977. Mayor 'l ATTEST: ?/,clU0. BR£1 Ii City Clerk' Received & Approved By The Legal Department I — / RESOLUTION NO. 77-254 RESOLUTION AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF $3,015,000 GENERAL OBLIGATION BONDS AND LEVYING A TAX TO PAY SAID BONDS WHEREAS, the City of Iowa City, in the County of Johnson, State of Iowa, sometimes hereinafter referred to as the "City" or "Municipality", was duly incorporated, organized and exists under and by virtue of the laws and Constitution of the State of Iowa; and WHEREAS, the City has designated the City Treasurer to act as the financial officer of said City with respect to the registration and payment of its bonds and interest thereon; and WHEREAS, said City is in need of funds to pay costs of construction and reconstruction of street improvements, sidewalks, traffic control devices, sanitary sewers and waste water treatment facilities, reconstruction and repair of bridges including costs in connection with waste water treatment facility study, Muscatine Avenue Improvement Project, Sycamore and Highway #6 Intersection Improvement Project, East-West One Way Couplet Project #2, Mormon Trek Boulevard Improvement Project, City Bridge Repair Project, Riverside and Benton Intersection Improvement Project and Central Business District Streetscape Improvement Project, separately and in combination an essential corporate purpose, and it is deemed necessary and advisable that general obligation Bonds in the amount of $3,015,000, be issued for said purpose; and WHEREAS, pursuant to notice published as required by Section 384.25 of said Code, this Council has held a public meeting and hearing upon the proposal to institute proceedings for the issuance of said bonds, and the Council is therefore now authorized to proceed with the issuance of said bonds; and WHEREAS, pursuant to the provisions of Chapter 75 of the Code of Iowa, the above mentioned bonds were heretofore sold at public -3- AHLERS. GOONEY. DORWEILER. HAYNIE L SMITH. LAWYERS. DE5 MOINES. IOWA b / sale and action should now be taken to issue said bonds conforming to the terms and conditions of the best bid received at the advertised public sale: NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: Section 1. That in order to provide a fund to pay the principal and interest on the bonds hereinafter authorized to be issued and pursuant to the authority granted by Chapter 76 of the Code of Iowa, there is hereby levied a sufficient annual tax for the years 1977 to 1987, inclusive, said tax being in the following amounts, to -wit: YEAR OF LEVY AMOUNT FISCAL YEAR (JULY 1 TO JUNE 30) YEAR OF COLLECTION: 1977 $368,080 1978/1979 Fiscal Year 1978 $321,825 1979/1980 " 11 1979 $313,625 1980/1981 " 11 1980 $405,425 1981/1982 11 11 1981 $393,125 1982/1983 " 11 1982 $380,825 1983/1984 11 11 1983 $368,525 1984/1985 11 1 1984 $381,225 1985/1986 " " 1985 $367,900 1986/1987 11 " 1986 $353,600 1987/1988 " " 1987 $339,300 1988/1989 It " (NOTE: Reference to "year of levy" is to the year of the assessed valuations against which the tax levy will be made. For example the 1977 levy will be made and certified in 1978, will be applicable to the taxable valuations of January 1, 1977, and will be collected during the fiscal year commencing July 1, 1978.) Section 2. Said tax shall be collected each year at the same time and in the same manner as, and in addition to, all other taxes in and for said Municipality, and when collected they shall be converted into a special fund within the Debt Service Fund to be known as the "GENERAL OBLIGATION BOND FUND 1977 #111, which is hereby pledged for and shall be used only for the payment of the principal and interest of the bonds hereinafter authorized to be issued; and also there shall be apportioned to said fund its -4- AHLERS. GOONEY. DORWEILER. HAYNIE&SMITH. LAWYERS. DES MOINES, IOWA J72 proportion of taxes received by the City from railway, express, telephone and telegraph companies and other taxes assessed by the Iowa State Department of Revenue. Section 3. All moneys held in the Bond Fund, provided for by Section 2 of this Resolution shall be deposited in banks which are members of the Federal Deposit Insurance Corporation and the deposits in which are insured thereby and all such deposits exceeding the maximum amount insured from time to time by FDIC or its equivalent successor in any one bank shall be continuously secured by a valid pledge of direct obligations of the United States Government having an equivalent market value. Section 4. That General Obligation Bonds of said City in the amount of $3,015,000, be issued pursuant to the provisions of Section 384.25 of the City Code of Iowa for the aforesaid purpose; that said bonds be designated "GENERAL OBLIGATION BOND", that they be 603 in number, dated June 1, 1977, and shall bear interest from the date thereof, until payment thereof, payable December 1, 1977 and semiannually thereafter on the 1st day of June and December in each year until maturity at the rates hereinafter provided. Said bonds shall be signed by the Mayor and attested by the Clerk, and the seal of said City affixed, and certificate of registration endorsed thereon; that interest on said bonds be evidenced by coupons thereto attached and maturing on the several days when such interest matures; such interest coupons may be executed with the original or facsimile signature of the Clerk; that principal and interest be payable at the office of the Trasurer in said City; that said bonds be numbered from 1 to 603, both numbers inclusive, and be in the denomination of $5,000 each. Said bonds shall mature in each year and bear interest as follows: -5- AHLERS. GOONEY. DORWEILER. HAYNIE 6 SMITH. LAWYERS. DES MOINES. IOWA Bond Interest Principal Maturity Numbers Rate Amount June 1 1 - 23 4.10% $115,000 1979 24 - 63 4.10% $200,000 1980 64 - 103 4.10% $200,000 1981 104 - 163 4.10% $300,000 1982 164 - 223 4.10% $300,000 1983 224 - 283 4.10% $300,000 1984 284 - 343 4.10% $300,000 1985 344 - 408 4.10% $325,000 1986 409 - 473 4.40% $325,000 1987 474 - 538 4.40% $325,000 1988 539 - 603 4.40% $325,000 1989 Section 5. That upon presentation at the office of the City Treasurer of any of said bonds, same may be registered as to principal in the name of the owner, on the books in the office of said official, such registration to be noted on the reverse side of the bonds by said official, and thereafter the principal of such registered bonds shall be payable only to the registered holder, his legal representatives or assigns. Such registered bonds shall be transferable to another registered holder, or back to bearer, only upon presentation to said official with a legal assignment duly acknowledged or proved. Registration of any such bonds shall not affect the negotiability of the coupons thereto attached, but such coupons shall be transferable by delivery merely. Section 6. That said bonds and the coupons annexed thereto, shall be in form substantially as follows: (FORM OF BOND) UNITED STATES OF AMERICA STATE OF IOWA COUNTY OF JOHNSON CITY OF IOWA CITY GENERAL OBLIGATION BOND No. $5,000 The City of Iowa City, Iowa, for value received, promises to pay to bearer FIVE THOUSAND DOLLARS, lawful money of the United -6- AHLEPS. GOONEY. DORWEILER. HAYNIE&SMITH. LAWYERS. DES MOINES. IOWA States of America, on the 1st day of June, 19 , with interest on said sum from the date hereof until paid at the rate of per annum, payable on December 1, 1977, and semiannually thereafter_ on the 1st day of June and December in each year, on presentation and surrender of the interest coupons hereto attached, both principal and interest payable at the office of the City Treasurer of Iowa City, Iowa. This bond is issued by the City of Iowa City, Iowa, pursuant to the provisions of Section 384.25 of the City Code of Iowa, for the purpose of paying costs of construction and reconstruction of street improvements, sidewalks, traffic control devices, sanitary sewers and waste water treatment facilities, reconstruction and repair of bridges in conformity to a Resolution of the Council of said City duly passed and approved. This bond is fully negotiable but may be registered as to principal only in the name of the holder on the books of said City in the office of the Treasurer, such registration to be endorsed by notation on the back hereof by said official, after which no transfer shall be valid unless made on said books and similarly noted hereon, but it may be discharged from said registration by being transferred to bearer, after which it shall be transferable by delivery but it may again be registered as before. The registration of this bond as to principal shall not restrain the negotiability of the coupons by delivery merely. And it is hereby represented and certified that all acts, conditions and things requisite, according to the laws and constitution of the State of Iowa, to exist, to be had, to be done, or to be performed precedent to the lawful issue of this bond, have been existent, had, done and performed as required by law; that provision has been made for the levy of a sufficient continuing annual tax on all the taxable property within said City for the -7- AHLERS. COO!IEY. DORWE'LEP- HAYNIE&SMITH. LAWYERS. DES MOINES. IOWA payment of the principal and interest of this bond as the same will respectively become due; that the faith, credit, revenues and resources and all the real and personal property of said City, are irrevocably pledged for the prompt payment hereof, both principal and interest; and the total indebtedness of said City, including this bond, does not exceed the constitutional or statutory limitations. IN TESTIMONY WHEREOF, said City, by its Council, has caused this bond to be signed by its Mayor and attested by its Clerk, with the seal of said City affixed, and the coupons hereto attached to be executed with the facsimile signature of said Clerk, which official, by the execution of this bond, does adopt said facsimile signature appearing on said coupons, all this 1st day of June, 1977. ATTEST: Clerk Mayor (FORM OF COUPON) } The Treasurer of the City of Iowa City, Iowa, will pay to bearer $ on the 1st day of 19 , at his office in the City of Iowa Ciy, Iowa, for months' interest on its General Obligation Bond, dated June 1, 1977, No. I City Clerk And on the back of each bond there shall be endorsed a certificate of the Treasurer in the following form: -8- AHLEPS. GOONEY. DORWEILER. HAYNIE & SMITH. LAWYERS. DES MOINES. IOWA � �9 (FORM OF CITY TREASURER'S CERTIFICATE) This bond has been duly and properly registered in my office as of the 1st day of June, 1977. City Treasurer of Iowa City, Iowa There shall also be printed on the back of the bonds the following form of registration: REGISTRATION OF OWNERSHIP Date of Registration In Whose Name Registered Signature of City Treasurer Section 7. That principal and interest coming due at any time when the proceeds of said tax on hand shall be insufficient to pay the same shall be promptly paid when due from current funds of said City available for that purpose and reimbursement shall be made from such special fund in the amounts thus advanced. Section S. That this Resolution constitutes a contract between said City and the purchaser of the bonds; that when said bonds have been executed as aforesaid, they shall be delivered to the Treasurer of said City, who shall register the same in a book provided for that purpose and shall thereupon deliver said bonds to the purchaser thereof, as directed by the Council. Section 9. That a certified copy of this Resolution be filed with the County Auditor of Johnson County, Iowa, and that said Auditor be and he is hereby instructed in and for each of the years 1977 to 1987, both years inclusive, to levy and assess the tax hereby authorized in Section 1 of this Resolution, in like manner as other taxes are levied and assessed, and that such taxes so levied in and for each of the years aforesaid be collected in like manner as other taxes of said Municipality are collected, and when -9- ARLERS COONEY. DORWEILER. HAYNIEGSMITN. LAWYERS. DES MOINES. IOWA collected be used for the purpose of paying principal and interest on said bonds issued in anticipation of said tax, and for no other purpose whatsoever. Section 10. That there be printed on the back of each bond herein authorized to be issued, a copy of the legal opinion of Ahlers, Cooney, Dorweiler, Haynie & Smith, Attorneys, of Des Moines, Iowa, under the certificate of the City Clerk certifying the same as being a true copy thereof, said certificate to bear the facsimile signature of said Clerk. Section 11. The City, as issuer, covenants that no use will be made of the proceeds from the issuance and sale of the bonds issued hereunder which will cause any of the bonds to be classified as arbitrage bonds within the meaning of Section 103(c)(2) of the Internal Revenue Code of the United States and that throughout the term of said bonds it will comply with the requirements of said statute and regulations issued thereunder. Pursuant to said statute and regulations, it is hereby certified that the issuer reasonably expects that: (a) The issuer has or within six months from the date hereof will have incurred substantial binding obligations to commence or acquire the project to be financed hereby. (b) The original proceeds of the bonds issued hereunder will not exceed the costs of said project by more than five percent. (c) At least 85% of the spendable proceeds of the bonds, including investment proceeds, will be expended to pay the cost of the project within three years following the date of the bonds. (d) Work on the project is expected to be commenced following the incurrance of the substantial binding obligation referred to in (a) above, and to proceed thereafter with due diligence to completion. (e) The project has not been and is not expected to be sold or otherwise disposed of in whole or in part prior to the maturity of the bonds. (f) Accrued interest received upon the sale of the bonds will be applied to the first interest due -10- AHLEPS. COONEY. DORWEILER. HAYNIE&SMI TH. LAWYERS. DES MOINES. IOWA S / thereon. (g) Any temporary notes issued in anticipation of the bonds will be retired coincidently with the date of issue of the bonds and at all events within three months thereof. To the best knowledge and belief of the issuer, there are no facts or circumstances that would materially change the foregoing statements or the conclusion that it is not expected that the proceeds of the bonds will be used in a manner that would cause the bonds to be arbitrage bonds. The Treasurer is hereby directed to deliver a certificate at issuance of the bonds to certify as to the reasonable expectation of the issuer at that date. Section 12. If any section, paragraph, clause or provision of this Resolution be held invalid, such invalidity shall not affect any of the remaining provisions hereof, and this Resolution shall become effective immediately upon its passage and approval. Section 13. That all ordinances and resolutions and parts of ordinances and resolutions in conflict herewith are hereby repealed. PASSED AND APPROVED this 12th day of July 1977. ATTEST: 21-6a-/ of 040A41 Clerk f -11- AHLERs. GOONEY. DORWEILER. HAYNIE & SMIT N. LAWYERS, DEs MOINES, IOWA 7 July 12 , 1977 The Council of the City of Iowa City, Iowa, met on the above date, in Regular session, pursuant to law and the rules of said Council and in accordance with the terms of a notice of meeting, a copy of which was served on each member of the Council and accepted in writing by each member thereof, said notice of meeting being as follows: WMM T rV July 12 , 1977 To: John Balmer, Carol deProsse, L. P. Foster, Mary C. Neuhauser, David Perret, Max Selzer, Robert A. Vevera Council Members Iowa City, Iowa You are hereby notified that a meeting of the Council of the City of Iowa City, Iowa, will be held on the 12th day of July , 1977, at the City Hall in Iowa City, Iowa, at 7:30 o'clock P.M., for the purpose of adopting a Resolution authorizing and providing for the issuance of $3,015,000 General obligation Bonds and levying a tax to pay said bonds, and for such other business in connection therewith as may come before the meeting. Respectfully submitted, , s/Mary Q. Neuhauser Mayor Service of the foregoing notice is hereby acknowledged. s/John Balmer s/Carol deProsse s/L. P. Foster s/Mary C. Neuhauser David Perret s/Max Selzer s/Robert A. Vevera —1— AHLERS. COONEY. DORWEILER. HAYN IE85MITH. LAWYERS. DES MOINES. IOWA X62 d The meeting was called to order by Mary C. Neuhauser Mayor, and on roll call the following Council Members were present: Balmer, deProsse, Foster, Neuhauser, Perret, Selzer, Vevera Absent: None Council Member deProsse introduced they, following Resolution entitled "RESOLUTION AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF $3,015,000 GENERAL OBLIGATION BONDS AND LEVYING A TAX TO PAY SAID BONDS" and moved that it be adopted. Council Member Perret seconded the motion to adopt, and the roll being called thereon, the vote was as follows: AYES: Vevera, Balmer, deProsse, Foster, Neuhauser, Perret, Selzer i NAYS: None Whereupon, the Mayor declared said Resolution duly adopted as follows: -2- AHLERS. COONEY. DORWEILER. HAYNIE & SMITH. LAWYERS. DES MOINES. IOWA '�;a' 7Zge, RESOLUTION NO. 77-255 RESOLUTION AWARDING CONTRACT FOR THE CONSTRUCTION OF COLLEGE/ DUBUQUE MALL SANITARY AND STORM SEWER PROJECT. WHEREAS, Dave Schmitt Construction Company, Cedar Rapids, Iowa has submitted the best bid for the construction of the above- named project. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the contract for the construction of the above-named project is hereby awarded to Dave Schmitt Construction Company, , subject to the condition that awardee secure adequate performance bond and insurance certificates. It was moved by Balmer and seconded by Foster that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: X_ x x ABSENT: Balmer deProsse Foster Neuhauser Perret Selzer Vevera Passed and approved this 12th day of July 19 77 . MAYOR ATTEST: CITY CLERK Received & Approved By The Legal Daparfinent i CONTRACT THIS AGREEMENT, made and entered into this / -�z -t"O, day of 1921_, by and between the CITY OF Iowa City , 'IOWA, by its Mayor upon order by .resolution of the City Council of said City, hereafter called the CITY and Dave Schmitt Construction Comoanv. Inc. hereinafter called the CONTRACTOR. WITNESSETH: That whereas the CITY has heretofore caused to be prepared certain plans and specifications entitled College/Dubuque Mall - Storm and Sanitary Sewer Project which plans and specifications are now on file with the City Clerk of the City of Iowa City , Iowa and . Whereas, the CONTRACTOR has submitted a bid to perform the work as described and set forth in said plans and specifications, and Whereas, said plans and specifications, and bid accureately and fully described the terms and conditions under which the CONTRACTOR Is willing to perform said work; NOW, THEREFORE, IT IS AGREED: 1. That the CITY hereby accepts the bid of the CONTRACTOR for the work and for the sums listed therein - Total Amount 591,658.00 2. That this Contract consists of the following component parts which are made a part of this agreement and Contract as fully and absolutely as if they were set out in detail in this Contract: a. Addenda Number one b. Detailed Specifications Requirements C. Plans d. Advertisement for Bids e. Instructions to Bidders f. Special Conditions g. General Conditions h. Contractor's Bid I. This Instrument j. Special Provisions Above components are complementary and what is called for by one shall be as binding as if called by all. 3. That payment are to be made to and subject to the provisions part of this Contract. the Contractor in accordance with embodied in the documents made a 4. That this Contract is executed in Triplicate. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals the date first written above. CITY OF Iowa City , IOWA By (Title) MAYOR ATTEST: /A, '' RC1 . -Q .lu e (Title) City Clerk CTOR Dave Schmitt Const. Co. Inc. By (T i t 1 e) ATTEST: 0130,2 /121 -d� ��✓-�—st!(lcx �-e �.� (Title) RESOLUTION NO. 77-256 RESOLUTION OF APPROVAL OF CLASS "C" BEER PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class "C" Beer Permit Application is hereby approved for the following tamed per- son or persons at the following described locations: Hawkeye Dairy, Inc. dba/Hawkeye Dairy Store, 701 E. Davenport St. Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance or state law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, surety bond and all other information or documents required to the Iowa Beer and Liquor Control DpparAment. It was moved by deProsse and seconded by Perret that the Resolution as read be adopted, and upon roll call there were: Balmer deProsse Foster eu auser erre Selzer evera AYES: NAYS: ABSENTS x x x x x x Passed this 26th day of July , 19 77 RESOLUTION NO. 77-257 RESOLUTION APPROVING CLASS C LIQUOR CONTROL LICENSE APPLIMTO BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Liquor Control License application is hereby approve3Tor the following named person or persons at the following described location: George's Buffet, Inc. dba/George's Buffet, Inc., 312 Market Said approval shall be subject to any conditions I or re- strictions hereafter imposed by ordinance or State law. The City Clerk shall cause a recommendation for approval to he endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond, sketch of the premises and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by deProsse and seconded by Perret that the Resolution as read-Fe—adopted, and upon roll ca there were: AYES: NAYS: ABSENT: Balmer x deProsse x Foster x Neuhauser x Perret x Selzer x Vevera x Passed and approved this 26th day of July 19 77 )C. RESOLUTION NO. 77-258 RESOLUTION APPROVING CLASS C LIQUOR CONTROL LICENSE APPLTMTM BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Liquor Control License application is hereby approve-TTor the following named person or persons at the following described location: Johnson County Post #2581 veterans of Foreign Wars, 1012 S. Gilbert St. Said approval shall be subject to any conditions I or re- strictions hereafter imposed by ordinance or State law. The City Clerk shall cause a recommendation for approval to he endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond, sketch of the premises and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by deProsse and seconded by Perret that the Resolution as re'a 5e adopted, and upon ro ca there were: AYES: NAYS: ABSENT: Balmer x deProsse x Foster x Neuhausbr x Parrot x Selzer x Vevera x, Passed and approved this -26th day of ' July , 19 77 . .5-YI vc5 RESOLUTION NO. 77-259 RESOLUTION APPROVING CLASS C LIQUOR CONTROL LICENSE APPLiMTM BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Liquor Control License application is hereby approvea—for the following named person or persons at the following described location: The Great American Saloon Company alba/Maxwell's, 121 East College St. Said approval shall be subject to any conditions I or re- strictions hereafter imposed by ordinance or State law. The City Clerk shall cause a recommendation for approval to he endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond, sketch of the premises and all other information or documents required to the Iowa Beer and Liquor Control Department, It was moved by deprosse and seconded by Perret that the Resolution as re�a be adopted, and upon r-01ca lT there were: AYES: NAYS: ABSENT: Balmer x deProsse x Foster Neuhauser x Perret x Selzer Vevera x Passed and approved this 26 th day of x x 'July 19 �� �0 RESOLUTION NO. 77-260 RESOLUTION APPROVING CLASS C \ LIQUOR CONTROL LICENSE APPLTMTM BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Liquor Control License application is hereby approve3�or the following named person or persons at the following described location: Pzazz.Entertainment, Ltd. dba/The Fieldhouse, 111 East College Said approval shall be subject to any conditions tor re- strictions hereafter imposed by ordinance or State law. The City Clerk shall cause a recommendation for approval to he endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond, sketch of the premises and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by deProsse and seconded by Perret that the Resolution ass re�7—eadopted, and upon roT call there were: AYES: NAYS: ABSENT: Balmer x deProsse x Foster x Neuhauser x Perret x Selzer x Vevera x Passed and approved this 26th day of July 1977 �� 3 t' r\ RESOLUTION NO. 77-261 RESOLUTION TO 'IS'SUE DANCING PERMIT BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Dancing Permit as provided by law is hereby granted to the following named person and at the following described locations upon his filing an application, having endorsed thereon the certificates of the proper city officials as to having complied with all regulations and ordinances, and having a valid Class "B" Beer Permit, to wit: Pzazz Entertainment, Ltd. dba/The Fieldhouse, 111 E. College It was moved by deProsse and seconded by Perret that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Balmer x deProsse x Foster x Neuhauser x Perret x Selzer x Vevera x Passed and approved this 26th day of July 197 7 . ��y RESOLUTION NO. 77-262 RESOLUTION TO ISSUE DANCING PERMIT BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Dancing Permit as provided by law is hereby granted to the following named person and at the following described locations upon his filing an application, having endorsed thereon the certificates of the proper city officials as to having complied with all regulations and ordinances, and having a valid Class "B" Beer Permit, to wit: The Great American Saloon Co. dba/Maxwell's, 121 E. College It was moved by deProsse and seconded by Perret that the Resolution as read be a opted, and upon roll call t ere were: AYES: NAYS: ABSENT: Balmer x deProsse x Foster x Neuhauser x Perret x Selzer x Vevera x 1977 Passed and approved this 26th day of July RESOLUTION NO. 77-263 RESOLUTION TO ISSUE CIGARETTE PERMITS WHEREAS, the following firma and persona have made application, filed the bond, and paid the mulct tax required by lav for the sale of cigarettes and cigarette papers; therefore, HE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the applications be granted and the cigarette bond now on file in the office of the City Clerk be and the same are hereby approved, and the City Clerk be and he is hereby directed to issue a permit to sell cigarette papers and cigarettes to the following named persona and firma: See attached list for names and addresses of firms - 1977-78 Cigarette Permits It was moved by deProsse and seconded by Perret that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Balmer x deProsse x Foster x Neuhauser x Perret x Selzer x Vevera x Passed this 26th day of July 1977 . Sr CIGARETTE PERMITS - July 27, 1977 through June 30, 1978 78-108 - Country Kitchen Restaurant, 1401 S. Gilbert St. 78-109 - Walt's , 928 Maiden Lane 78-110 - Big 10 DX Service, 513 S. Riverside Dr. 78-111 - Towncrest DX, 2611 Muscatine Ave. 78-112 - Jimbo's Lounge, 1210 Highland Ct. 78-113 - Gilbert St. Tap, 1134 S. Gilbert 78-114 - Chuck's Super 100, 504 E. Burlington 78-115 - Iowa -City Maid -Rite, 630 Iowa Ave. 78-116 - Joe's Place, 115 Iowa Ave. (Cardan, Inc.) 78-117 - Osco Drug #826, 120 E. College 78-118 - The Highlander Inn and Supper Club, Route 2 (Highlander, Inc.) 78-119 - Drug Fair #9, 121 E. Washington 78-120 - Drug Fair #2, 1030 Williams St. 78-121 - The Field House, 111 E. College (Pzazz Entertainment Ltd.) 78-122 - Bell's Standard Service, 2315 Muscatine Ave. 78-123 - Vitosh Standard Service, Inc. 78-124 - Sinclair Marketing, Inc., 731 S. Riverside Dr. 78-125 - Elks Lodge No. 590, 637 FosterRoad 78-126 - The Shamrock, 525 S. Gilbert St. 78-127 - The Sanctuary, 405 S. Gilbert St. 78-128 - Magoo's, 206 N. Linn 78-129 - Donutland, 1818 Lower Muscatine Rd. 78-130 - Silver Ball, Ltd. 529 S. Gilbert 78-131 - Mall Service Center, Mall Shopping Center 78-132 - University 66 Service, 25 W. Burlington P7 -.--J�- - -- 'J. Y �oAfi:•=� XMI.7 Jr4T.7 MAW LL6I ' 40p go dep 4393 sTg4 peAoadde pup passed x E.AOA@A x -Aaz LOS x }a Uad x aasnegnaN x .aaTso j x asso.Adap x AaWLP9 :Swam :SM :SM :axm asag4 IIeo IIOs uodn pue 'pagdwOv eq ppez sP uOTgnlosed e4 gptR ga.zzad Aq papumas pue assozdap Aq penau SPA qI 'A4T3 rpnI 3o ATO 9M Aq pagdaooe aq squauraAcadn pTPs qty 'P,VoI 814TO w4OI 30 ITOMOO 14TO 8q4 Aq IIIA'IOS'.Di M 39 MI03LiMU MON 'aoTJJO s,X-TaIO AgTO ati; uT aIT3 UO eae •ouI 's.Aaned OJ40W JO3 spuOg 90UeUG`4 tTW 'S'dS2MM OW EMO I 194to EMO I jO '•ouI 's.aaned o,ajaW f'q pa3on.A;suoo se UOLJ�PpV .aau.ao0 st6jngS .ao; ,camas uuogs puE Binned ajaaouo0 'L4TO PMOI 3O ATO qq4 3o sumquoTpoods pue sueld tl;ua aouepicoOe tAT pagaldum treaq anpq sgtrausnozdum btrEtAOTT0J GtP q0P p9TJT4180 SPq gtAau14.19 Q buTaOau-rbtG et;q 'Svalam 'NOIIIOOH MOM SI9dniS NI N3M3S ME ONV 9NIAVd CNISdIDO'd NOIIMSMI b9Z-1L •ON NOI MOSMI �- ESOLUTION NO. 77-265 ` RESOLUTION ESTABLISHING REQUIRED INSURANCE AMOUNTS AND PERFORMANCE DEPOSITS FOR ORDINANCE REGULATING THE OPENING AND EXCAVATING OF PUBLIC PLACES WHEREAS, Section Five of an ordinance regulating the opening and excavating of public places requires that the City Council shall, by resolution, determine the amount or coverage of a Certificate of Insurance to be deposited with the City by persons desiring to open and excavate in public places, and WHEREAS, Section Six of the said ordinance requires the City Council, by resolution, to adopt a performance deposit schedule for persons desiring to open and excavate in public places. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IA: 1. That the following requirements are hereby established for Certificates of Insurance to be posted by persons desiring to open and excavate in public places: a. Two Hundred Fifty Thousand dollars per person for bodily injury liability. b. Five Hundred Thousand dollars per accident for bodily injury liability. c. One Hundred Thousand dollars agregate for property damage liability. 2. The following performance deposit schedule is hereby established: dollars. a. For special deposits 1. For the first 100 feet or less - One Hundred dollars. 2. For each additional 100 feet or less - One Hundred 3. Minimum deposit - One Hundred dollars. DS -21 .s�9 Res. 77-265 Page 2 b. Annual Deposit 1. For all excavation - One Thousand dollars. It was moved by Balmer and seconded by Vevera that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X BALMER X dePROSSE x FOSTER X NEUHAUSER X PERRET X SELZER x VEVERA Passed and approved this 26th day of July 1977. Mayor ATTEST: 9ZL- City Clerk RECEIVED & APPROVED W' GAL DEPARTMENT xr"1 22I7Z RH16 DS -22 15—Fell RESOLUTION NO, 77-266 RESOLUTION APPROVING FINAL. PIAT OF MAKADA SUBDIVISION WHEREAS, a final plat of Makada Subdivision, Johnson County, Iowa, has been filed with the Clerk of Iowa City, and after consideration of the same was found to be in ac- cordance with the provisions of the laws of the State of Iowa and the ordinances of the City of Iowa City, Iowa, by the Io:ra City Planning and Zoning Commission, WHEREAS, a future dedication agreement has been entered into between the City of Iowa City and Edmund J. Gatens and Diary Virginia .Gatens, husband and wife, which provides for dedication of the streets shown on the attached plat, in the event of annexation. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Iowa City, Iowa, that said final plat of Makada Subdivision be and the same is hereby acknowledged and ap- proved on the part of Iowa City, Iowa. The mayor and the City Clerk are hereby directed to certify this resolution of approval and affix the same to said plat as by law pro- vided to the end that the plat may be recorded. The/agree- ment attached to this Resolution is by this reference made a part of the Resolution approving the final plat of Makada Subdivision. The foregoing resolution was moved by and seconded by deProsse Balmer at a duly convened mevtin;" of the Citv Council of Iowa City, lova, held at the Received & P.?Proved By Tlis Legal�Dapartm'nt Res. No. 77-266 -z- Civic Center, Iowa City, Iowa, on the 26th day of ' July 1977, conuacncing at 7:30 P.M. Upon roll call, th-- folloiring vote rias taken: Balmer Aye X Nay Absent deProsse Aye X Nay Absent Foster Aye Nay Absent X Neuhauser Aye X Nay Absent Perret Aye X Nay Absent Selzer Aye Nay Absent X. Vevera Aye X Nay Absent The foregoing is hereby duly certified by Abbie Stolfus as a true and exact copy of a Resolution of th:; City Council ri of Iowa City, Iowa, made at a regular meeting hold oii the 26th day of July 1977. City Clerk of Iowa City, Iowa Passed and approved this 26th day of July 1977. ATTEST: City Clerk a RESOLUTION N0. 77-267 RESOLUTION ACCEPTING THE WDRK ON TRAFFIC SIGNAL AT MELROSE AND WOOLF WHEREAS, the Engineering Department has recommended that the im- provement covering the traffic signal at Melrose and Woolf as included in a contract between the City of Iowa City and the University of Iowa of Iowa City, Iowa, dated November 1, 1976 , be accepted, AND WHEREAS, the Council finds the improvement is in place and does comply with the requirements for such improvements, AND WHEREAS, no maintenance bonds are required, NOW THEREFORE, BE IT RESOLVED by the City Council of Iowa City, Iowa, that said improvements be hereby accepted by the City of Iowa City, Iowa. It was moved by deProsse and seconded by Vevera that the resolution as read be adoptg-, and upon roll call there were: AYES: NAYS: ABSENT: BAUER x dePROSSE x FOSTER x NEUHAUSER x FERRET x SELZER x VEVERA x Passed and approved this 26th day of July , 1977. ®R City Clerk Q Ree=ivad a l:,r.; By Tho Legc►�.'-+ Ie'l Dzpart ment Ao5 �^9 0 A - �&" RESOLUTION NO. 77-268 RESOLUTION REJECTING BID FOR THE JEFFERSON/MARKET SIGNALIZATION PROGRAM FAUS M-40-30 (1) -- 81-52, AND AUTHORIZING CITY CLERK TO READVERTISE FOR BIDS WHEREAS, on the 23rd day of May, 1977, plans, specifications, and form of contract from the Dept. of Public Works, Iowa City, IA, were filed with the Iowa Dept. of Transportation, Ames, IA, for the construction of the Jefferson/Market Signalization Program within the City of Iowa City, IA, and WHEREAS, said program is to be funded in part by Federal Aid to Urban Systems monies, and WHEREAS, notice of hearing on plans, specifications and form of contract was published by the City of Iowa City, IA, as required by law; and the hearing held, and WHEREAS, the sole bid received was from the J. F. Edwards Construction Company of Geneseo, Illinois, and that bid exceeded the engineers estimate by twenty four percent, and WHEREAS, the Iowa Department of Transportation has determined that this bid is unacceptable and has suggested the project be relet. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IA: rejected. 1. That the bid of the J. F. Edwards Construction Company be 2. That the City Clerk is authorized to readvertise the project for bids, said bids to be received by the Iowa Dept. of Transportation on the 16th day of August, 1977. It was moved by Perret and seconded by deProsse that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x BALMER x dePROSSE x FOSTER x NEUHAUSER x PERRET x SELZER x VEVERA J-yx Res, No. 77-268 page 2 Passed and approved this 26th day of July 1977. Mayor ATTEST: City Clerk RECEIVED & LPPROVED 8Yi P& 9GAL DEPARTME x twk syS RESOLUTION NO. 77-269 / RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF MGRCHR PARK BALLDIAMOND LIGHTS, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECT- ING CITY CLERK TO PUBLISH NOTICE TO BIDDERS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. WHEREAS, notice of public hearing on the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project was published as required by law, and the hearing thereon held. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project are hereby approved. 2. That the amount of bid security to accompany each bid for the construction of the above-named project shall be in the amount of $3-500 00 payable to Treasurer, City of Iowa City, Iowa. 3. That the City Clerk is hereby authorized and directed to publish notice for the receipt of bide for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the city not less than four (4) nor more than twenty (20) days before the date established for the receipt of bids. 4. That bide for the construction of the above-named project are to be received by the City of Iowa City, Iowa, at the Office of the City Clerk, at the Civic Center, until 3:00 P.M. CDT on the 4th day of Augil, , 19_U.Thereafter, the bids will be opened by the varks and Recreation Director , and thereupon referred to the Council of the City of Iowa City, Iowa, for action upon said bids at its next meeting to be held at the Council Chambers, Civic Center, Iowa City, Iowa, at 7:30 P.M. on the 9th day of August , 19= . Received & Approved By The Legal Dgpartment J76 Page 2 Resolution No. 7,-cu9 It was moved by Balmer and seconded by Vevera that the Resolution as rea eta opte3, and upon roll C—aflb are were: AYES: NAYS: ABSENT: x Balmer x deProsse x Foster x Neuhauser x Perret x Selzer x _ Vevera Passed and approved this 26th day of July , 1977. MAYOR ATTEST: ` CITY CLERK .597 RESOLUTION NO. 77-270 RESOLUTION AL)TfDRIZ1NG THE EXECUTION OF A SECOND AMEND- MENT TO A CONTRACT BET6QEEN THE CITY OF IOWZi CITY AND ZUCHELTT, HUNTER AND ASSOCIATES, INC. WHEREAS, the City of Iowa City did on September 7, 1976, enter into a contract for Technical Services for the City -University Urban Renewal Project I (Iowa R-14) , and WHEREAS, it is naw necessary to amend said contract. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IO'A CITY, IOWA, that the second amendment for the Contract for Technical Services for the City -University Urban Renewal Project I (Iowa R-14), which second amend- ment is attached hereto and by this reference made a part hereof, is hereby approved. BE IT FURTHER RESOLVED that the Mayor and City Clerk are hereby authorized to execute said amendment. It was moved by Perret and seconded by Balmer that the Resolution as read be adopted and upon roll call there were: AYES: NAYS: ABSENT: X Balmer X deProsse X Foster X Neuhauser X Perret X Selzer X Vevera Passed and approved this 26th day of 1977. MAYO� ATTEST: CITY CLERK RECEIVED &IT5� 0 HYLEGAL EP:.1 i1401T ST .f-79 SECOND AMENDMENT TO THE CONTRACT FOR TECHNICAL SERVICES BETWEEN THE CITY OF IOWA CITY AND ZUCHELLI, HUNTER AND ASSOCIATES, INC. WITNESSETH THAT: WHEREAS, the City of Iowa City, Iowa, (hereinafter the City), and Zuchelli, Hunter and Associates, Inc. of Baltimore, Maryland, (hereinafter the Consultant), did enter into a contract for technical services for the City -University Urban Renewal Project I (Iowa R-14); and WHEREAS, it is now necessary to amend this contract; NOW, THEREFORE, the City and Consultant do hereby agree as follows: 1. The first sentence of Part A, Section 5, of the contract is hereby amended and shall now read as follows: The City shall pay the Consultant for actual professional time charged at the Consultant's normal billing rates as set forth below, not to exceed $54,090.00 for the Consultant's services. 2. The fourth sentence of Part A Section S, of the contract is hereby amended and shall now read as follows: ' Of the $54,090.00, $46,260.00 shall be for Zuchelli, Hunter and Associates (the Consultant) and $7,830.00 for Lawrence Halprin Associates, the Consultant's subcontractor, specified in Section 6, paragraph B1. 3. The fourth sentence of Part B, Section 5, of the Contract is hereby amended and shall now read as follows: The total reimbursement to be made by the City to Consultant for travel and subsistence expenses and for miscellaneous direct expenses shall not exceed in aggregate the sum of $9,200, of which $7,300 shall be for Zuchelli, Hunter and Associates, Inc. (the Consultant) and $1,900 for Lawrence Halprin Associates (the Consultant's subcontractor). 4. Part C of Section 5 of the Contract is hereby amended and shall read as follows: It is expressly agreed and understood that the total for compensation for Consultant's services in A, above, and reimbursement for travel and subsistence and related direct expenses in B, above, (excluding Task 17) shall not exceed in aggregate the sum of $63,290 of which $53,560 shall be for Zuchelli, Hunter and Associates, Inc. (the Consultant) and $9,730 for Lawrence Halprin Associates (the Consultant's subcontractor). -z- 5. The parties recognize that the performance of the contract has involved more work than originally anticipated, and therefore, the "not to exceed" amount of Section 5 of the Contract has been increased to provide for increased professional time, and travel and other expenses, so that the Consultant may work closely with the public improvements architects. Dated this d ��day of 1977. CITY OF IOWA CITY By: C,� ATTEST Mayor ATTEST: Z&- �ZCity W -I rk RECEIVED & APPROVED S 2RE LEGAL DEPART14ENT I RESOLUTION NO. 77-271 RESOLUTION CALLING FOR REQUESTS FOR TENDERS FOR SERIES 1961 AND SERIES 1967 WATER REVENUE BONDS OF THE CITY OF IOWA CITY WHEREAS, the City Council of Iowa City, Iowa, duly and legally enacted Bond Resolutions for Series 1961 Water Revenue Bond for the purchase of a Water Distribution System for the City of Iowa City and for Series 1967 Water Revenue Bonds for the purpose of improving and extending the waterworks plant and system, and WHEREAS, said Bond Resolutions set forth thereof that any excess in the Bond and Interest Reserve Account may be used to purchase any of said bonds then outstanding at not exceeding par value and accrued interest or if not so used, shall be used to call and redeem such bonds as may be then subject to redemption prior to maturity, and WHEREAS, an excess does exist in said account and the 1961 issue became callable on or after December 1, 1971 and the City could be required to call said bonds pursuant to its resolution, and WHEREAS, the Council deems it in the public interest that the City advertise for tenders on outstanding bonds. NOW, THEREFORE, BE RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA 1. That the City of Iowa City shall advertise for tenders on outstanding bonds of the 1961 Series and 1967 Series Water Revenue Bonds. 2. That the City shall give notice thereof by publishing notice as shown on the attached exhibit and by mailing notice thereof to known bond holders. The said exhibit is made a part of this resolution by this reference as though fully set forth herein. 3. That the City Clerk, City Treasurer, and City Finance Director are hereby authorized and directed to take all steps necessary and make all publications and mailings as required by this resolution and the resolutions adopting the 1961 Series and 1967 Series Water Revenue Bonds in order to issue tenders for out- standing bonds. It was moved by deProsse and seconded by Balmer that the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X BALMER X DE PROSSE _ X FOSTER X _ NEUHAUSER _X PERRET X SELZER _ X _ VEVERA CITY CLERK Passed and approved this 26th day of July ,1977 CEIVED & APPROVED THE LEGAL DEPARTMENT Request for Tenders City of Iowa City, Iowa Water Revenue Bonds, Series 1961 and 1967 The City of Iowa City, Iowa will receive tenders in Room 800, 20 North Wacker Drive, Chicago, Illinois (mailed tenders should be sent c/o Paul D. Speer & Associates, Inc.) or at the Civic Center, 410 East Washington Street, Iowa City, Iowa 52240, attention of Rosemary Vitosh, Director, Department of Finance, for Water Revenue Bonds of the City of Iowa City, Iowa, Series 1961 and Series 1967. The Treasurer of said City has approximately One Hundred and Thirty Five Thousand Dollars ($135,000), which is available for the purchase of as many of said bonds as may be purchased by said sum. Tenders shall be addressed to said City, shall be delivered at or before 11:00 A.M. local time, August 23, 1977 and each tender shall state the total par amount of bonds tendered, the series date (1961 or 1967), the face numbers, maturity and interest rate thereof and the dollar price.or percentage of par value at which, plus accrued interest, said bonds are tendered. Tenders other than those offered by a corporation must be accompanied by certification by a bank or trust company that the bonds tendered are on deposit at said bank to assure performance under the tender. Tenders by agents must be the firm obligation of the agent unless the full name and address of the owner are disclosed in the tender. No tender price shall exceed par and each tender shall be a firm offer for all or any part of the bonds ten- dered for 48 hours following the hour and date aforesaid. Owners of bonds accepted will be notified by wire or phone before the expiration of said firm tender period of 48 hours and will be expected to deliver the accepted bonds promptly to the City of Iowa City with draft attached through any bank in Iowa City. The City will pay the cost of exchange. Accrual of interest on all tendered bonds accepted will stop on Septem- ber 1, 1977. All bonds delivered for purchase shall have attached thereto the December 1, 1977 coupon and all subsequent unmatured in- terest coupons. The City Council will direct the acceptance of bonds, if any, which in its opinion are at the tendered price to the greatest advantage of the City. The City of Iowa City reserves the right to accept or reject any tender of bonds or any portion thereof. Tenders should be submitted on forms which may be obtained from the undersigned or from the City's Financial Consultants, Paul D. Speer & Associates, Inc., 20 North Wacker Drive, Chicago, Illinois 60606; phone: (312) 346-0858. ROSEMARY VITOSH, Director Department of Finance City of Iowa City, Iowa July 29, 1977 642 RESOLUTION NO. 77-272 RESOLUTION OF APPROVAL OF CLASS "C" BEER PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class "C" Beer Permit Application in hereby approved for the following named per- son or persona at the following deacribed locations: Voss Petroleum Co. of Iowa City Corp. dba/Discount Dan's Shell, 933 South Clinton said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance or state law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the name together with the license fee, surety bond and all other information or documents required to the Iowa Beer and Liquor Control Dpparfinent. It was moved by Balmer and seconded by Vevera that the Resolution as read be adopted, and upon roll call there were: Balmer deProsse Foster Neu auser erre Selzer evera AYES: NAYS: ABSENT: x x x x x x i Passed this 2nd day of August , 19 77 63 ION RESOLUTION NO. 77-273 ROVAL OF CLASS C Beer BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Beer Sunday Sales Permit application is hereby approved or a ollowing named person or persons at the following described location: Voss Petroleum Co. of Iowa City Corporation dba/Discount Dan's Shell, 933 South Clinton Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance of state law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, bond, and all other information or docu- ments required to the Iowa Beer and Liquor Control Department. It was moved by Balmer and seconded by Vevera that the Resolution as read e a op e , and upon roll call there were: AYES: NAYS: ABSENT: Balmer x deProsse x Foster x Neuhauser x Perret x Selzer x Vevera x Passed this 2nd day of August , 19 77 0 RESOLUTION NO. 77-274 RESOLUTION OF APPROVAL OF CLASS "C" BEER PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class "C" Beer Permit Application is hereby approved for the following named per- son or persons at the following described locations: John M. Kellogg dba/A & V Pizza Villa, 431 Kirkwood Ave. Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance or state law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, surety bond and all other information or documents required to the Iowa Beer and Liquor Control Dgpartment. It was moved by Balmer and seconded by Vevera that the Resolution as read be adopted, and upon roll call there were: Balmer deProsse Foster eu auser erre e zer evera AYES: NAYS: ABSENT: x x x x x x Passed this 2nd day of August , 19 77 RESOLUTION NO. 77-275 UTION OF APPROVAL OF CLASS C Beer SE APPLICA ION. SUNDAY SAT.FS BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Beer Sunday Sales Permit application is hereby approved or a ollowing named person or persons at the following described location: John M. Kellogg dba/A & V Pizza Villa, 431 Kirkwood Ave. Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance of state law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, bond, and all other information or docu- ments required to the Iowa Beer and Liquor Control Department. It was moved by Balmer and seconded by Vevera that the Resolution as rea e a op e , and upon roll call there were: 19 77 6 a-6 AYES: NAYS: ABSENT: Balmer x deProsse ---� x Foster x Neuhauser x Perret x Selzer x Vevera x Passed this 2nd day of August 19 77 6 a-6 RESOLUTION NO. OF OF C 77-276 C Beer BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class Beer Sunday Sales Permit application is hereby approved for the following named person or persons at the following described location: Randall's International, Inc. dba/Randall's Discount Food, 1851 Lower Muscatine Rd. Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance of state law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, bond, and all other information or docu- ments required to the Iowa Beer and Liquor Control Department. It was moved by Balmer and seconded by Vevera that the Resolution as read e a op e , and upon roll Fa t ere were: 9 0 �9 77 60_/ AYES: NAYS: ABSENT: Balmer x deProsse x Foster x Neuhauser x Perret x Selzer x Vevera x Passed this 2nd day of August 9 0 �9 77 60_/ RESOLUTION NO. UTION OF APPR 77-277 OF CLASS C Beer UNDAY SALE BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Beer Sunday Sales Permit application is hereby approved for the following named person or persons at the following described location: Krause Gentle Oil Corp. dba/Sav-Mor Deep Rock Stationstore 1104 S. Gilbert St. Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance of state law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, bond, and all other information or docu- ments required to the Iowa Beer and Liquor Control Department. It was moved by Balmer and seconded by Vevera that the Resolution as read e a op e , and upon roll C'all there were: AYES: Balmer x deProsse Foster Neuhauser x Perret x Selzer x Vevera x Passed this 2nd NAYS: ABSENT: x x day of August �9 77 6091 t ION RESOLUTION NO. 77-278 AL OF CLASS 13E IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Beer Sunday Sales Permit application is hereby approved or a ollowing named person or persons at the following described location: Hy -Vee Food Stores, Inc. dba/Hy-Vee Food Store #1, 227 Kirkwood Ave. Said approval shall be sub.'ect to any conditions or restrictions hereafter imposed by ordinance of state law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, bond, and all other information or docu- ments required to the Iowa Beer and Liquor Control Department. It was moved by Balmer and seconded by Vevera that the Resolution as read e a op e , and upon roll call there were: AYES: NAYS: ABSENT: Balmer x deProsse x Foster x Neuhauser x Perret x Selzer x Vevera x Passed this 2nd day of August X977 6 6F 9 RESOLUTION NO. 77-279_ RESOLUTION APPROVING FINAL PLAT OF COURT HILL/SCOTT BLVD. PT. V WHEREAS, the owner and proprietor, Pluin Grove Acres, Inc. ..has filed with the City Clerk plat and subdivision of the following described premises located in Johnson County, Iowa, to wit: Commencing at the southeast corner of Section 12, T79N, R6W of the 5th Principal Meridian; thence NO' 0211911E, 1093.25 feet on the east line of said Section 12; thence N89°57'41"W, 50. 00 feet to the Point of Beginning; Thence N89°57141"W, 372. 94 feet Thence northwesterly, 163. 02 feet on a 436.18 foot redius curve con- cave northeasterly, whose 162. 07 foot chord bears N79`15'16"W, to the northeast corner of lot 66, in Court Hill Scott Boulevard Addition, Part III, an addition to the City of Iowa City, Iowa; thence N21°27'30"E, 66. 00 feet on the east line of said Part 3; thence northwesterly, 145. 39 feet on a 370. 18 foot radius curve concave northeasterly, whose 144.53 foot chord bears N57°17'23"W on the northerly line of said Part III; thence N46°02'16"W, 185. 50 feet on the northerly line of said Part III; thence northwesterly 215.22 feet on a 449.46 foot radius curve concave southwesterly, whose 213.20 foot chord bears N59'45'22"W, to the southeast corner of lot 48, in said Part III, thence Nll° 47108"E, 165.17 feet to the northeast corner of lot 48, in said Part III; thence S620 32134"E, 178. 68 feet; thence S46° 0211611E, 341.49 feet; thence S76° 16139" E, 129.91 feet; thence 576029'18"E, 48. 52 feet; thence S89057'41"E, 95.00 feet; thence S 65°31103"E, 72.50 feet; thence S89' 57141"E, 175.00 feet; thence SO°02'19"W, 176. 00 feet to the point of beginning. Said tract of land containing 4. 11 acres. NV-HEREAS, said property is owned by the above named corporation and the dedication has been made with the free consent and in accordance with the desires of the proprietor. WHEREAS, said plat and subdivision is found to conform with Chapter 409 of the 1975 Code of Iowa and all other statutory requirements. WHEREAS, said plat and subidvision be accepted and approved. NOW, THEREFORE, BE IT RESOLVED by the City Council of Iowa City, Iowa that said plat and subdivision located on the above described property be and the same is hereby approved, and the dedication of the streets and Recelved & A; proved parks as by law provided is hereby accepted. By Thi Lc9ai D2par7;n-m? //0 -WJ Resolution No. 77-279 Page 2 BE IT FURTHER RESOLVED, that the City Clerk of Iowa City, Iowa, is hereby authorized and directed to certify a copy of this Resolution to the County Recorder of Johnson County, Iowa. It was moved by Balmer and seconded by Selzer that the Resolution as read be adopted, and upon roll call there were: AYES: x NAYS: ABSENT: Passed and approved this 2nd ATTEST: City Clerk Balmer deProsse Foster Neuhauser Perret Selzer Vevera day of August , 1977. lWauC. *w1AUAA.A Mayor i F] ` RESOLUTION NO. 77-280 RESOLUTION APPROVING FINAL PLAT OF COURT HILL/SCOTT BLVD. PT. VI WHEREAS, the owner and proprietor, Plum Grove Acres, Inc. has filed with the City Clerk plat and subdivision of the following described premises located in Johnson County, Iowa, to wit: Commencing at the southeast corner of Section 12, T79N, R6W of the 5th Principal Meridian; Thence NO' 02'19"E, 1269. 25 feet on the east line of said Section 12; thence N89057141"W, 50. 00 feet to the point of beginning; thence N890 57141"W, 175. 00 feet; thence N65'31'03"W, 72.50 feet; thence N89°57'41"W, 95. 00 feet; thence N76°29'18"W, 48. 52 feet; thence N76'16'39"W, 129. 91 feet; thence N 46' 02116"W, 341. 49 feet; thence N62°32'34" W, 178. 68 feet to the northeast corner of Lot 48, in Court Hill Scott Boulevard Addition, Part III, an addition to the City of Iowa City, Iowa; Thence S80°14'00"W, 33.22 feet; thence NO'10'59"E, 307. 98 feet to the South line of Oakwoods Addition Part 6; thence S89' 55117"E, 305. 00 feet along the South line of said Part'6; thence S43045100"E, 332.00 feet; thence S56'53'56"E, 109. 42 feet; thence N89'16'23"E, 320.00 feet; Thence SO'02'19" W, 403.45 feet to the point of beginning. Said tract of land containing 8.86 acres. WHEREAS, said property is owned by the above-named Corporation and the dedication has been made with the free consent and in accordance with the desires of the proprietor. WHEREAS, said plat and subdivision is found to conform with Chapter 409 of the 1975 Code of Iowa and all other statutory requirements. WHEREAS, said plat and subdivision be accepted and approved. NOW, THEREFORE, BE IT RESOLVED by the City Council of. Iowa City, Iowa, that said plat and subdivision located on the above described property be and the same is hereby approved, and the dedication of the streets and parks as by law rpovided is hereby accepted. BE IF FURTHER RESJ LVED that the City Clerk of Iowa City, Iowa is hereby authorized and directed to certify a copy of this Resolution to the County r,7^ Recorder of Johnson County, Iowa. By yh` 1:90; 6 /� Page 2 Resolution No. 77 it was moved by Balmer and seconded by Perret that the Resolution as rea a d aopt- , and upon .roll cal t ere were: AYES: NAYS: ABSENT: x x x x x x x Passed and approved this 2nd day of August r 1977• ATTEST: d i CITY CLERK IM a MAYOR AESOLVPICtN No. 77-281 RESQLU'1'ION AUTHORIZING E]WMCN CPAGREEMENT WITH THE CHICAGO, ROCK ISLAND, AND PACIFIC RAILROAD COMPANY REMM, the City of Iowa City, Iowa, has negotiated an agreement with Chicago, Rock Island, $ Pacific Railroad Co., a copy of said a eem�r ent being at to eeo s Ru s reference made apart hereof, and, MM7MI the City Council deems it in the public interest to eater into said agreement for a dry bottom storm water storage area to be located on the Iowa -Illinois Gas $ Electric Company and the Rock Island Railroad property in an area north of Lower Muscatine Road. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL: 1. That the Mayor and City Clerk are hereby authorized and directed to execute the agreement with:"Chicago. Rock Island. $ Pacific Ramlroad - 2. That the City Clerk shall furnish copies of said agreement to any citizen requesting same. It was moved by Perret and seconded by Balmer Resolution be adopted, and upon ro call there were: AYES: NAYS: ABSENT: x BAIMER x dePROSSE x FOSTER x NEUHAUSER x PERRET x SELZER x VEVERA passed and approved this 2nd day of August , 1977. the �JAAAw C. 11Jto-u w ATTEST: Au, mayor City Clerk dl Received & Approved By The Leval pertmenr�/ This Agreement made and entered into this .2�a day of d` 1977 by and between William M. Gibbons, Trustee of the property of the Chicago, Rock Island and Pacific Railroad Company, hereinafter referred to as "Trustee" and The City of Iowa City, Iowa, hereinafter referred to as "City". W I T N E S S E T H That for and in consideration of the sum of $300.00, Trustee agrees that the City may construct a storm water impoundment facility on the property of the said Chicago, Rock Island and Pacific Railroad Company as generally shown on Exhibit "A" attached hereto and made a part hereof and in conformance with detailed plans submitted to the Trustee. In addition Trustee grants to the City a ponding right for temporarily detained water in the manner described in said detailed plans. The City agrees to hold Trustee harmless from any claim of damages that might arise as a result of the construction or operation of said storm water detention facility and agrees to indemnify Trustee in connection with any claim of damages arising out of the operation of the facility and agrees to defend Trustee in the event Trustee is a defendant in any lawsuit or court proceeding concerning the storm water facility. ' The City agrees to maintain the facility and to keep it clear of trash and debris. Trustee shall have the right, upon 30 days written notice to City, to remove the storm water impoundment and storm water facility at any time. The City agrees, if requestedby Trustee, to remove the structure itself and release the storm water impoundment at the end of said 30 day notice period. Following the removal of the storm water facility and following the termination of the 30 -day notice period described in this paragraph all rights granted to the City by Trustee shall be automatically terminated. Attest William M. Gibbons, Trustee of the Property of the Chicago, Rock Island and Pacific Railroad Company %� jJ By V' . L �' Manager - Re state City of Iowa MII.► I ► _..� Aja p Ha" j -7 DL 6 77 *'-4- 6 IF :o13;/"Cr: �a rn' ter,/ a r�- f�r/• � - G M,P 235i- c 4� S f Ja Plz�bPoSED BEAM ENC�OgCFiMCtJ-r '� !r Is; o/7d Ra:'! Rova' • \ �Reg/-o•de exisrin� v �� . r• .'i v 7` 1C) b 40 L.F. of BCS -T�:,to oT oerm � �'c CHICAGO —�+-- Mom L11-) S!� c ,lcv-2 Armed -� ��� ,New DifCh Gam' 0.8O% o/2 Cy !LLin/o/S L VAZ- LINE =� w iowA c'i%y - C USI - /OWA._ �k ` �" GRoirsoSE1� ,SE.eM ENCIeDRcf{ - . tiie/V•r . To 72V6 Cl O�F, b1Vnd, EnIGR, S�,gCE: I "•=5a f _ RESOLUTION NO. 77-282 RESOLUTION APPROVING PLANS, SPECIFICATION, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE PROJECTS IN THE ARCHITECTURAL BARRIERS CONTRACT WHEREAS, notice of public hearing on the plans, specifications, form of contract and estimate of cost for the construction of the above-named project was published as required by law, and the hearing thereon held, NOW THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project are hereby approved. It was moved by Perret and seconded by Vevera that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x deProsse x Foster x Neuhauser x Ferret x Selzer x Vevera Passed and approved this 2nd. day of August, 1977. ATTEST: L&_ �— J City Clerk Jy P-ceived & AYproved sN `29 1 P/=bllm:nt i �w A b I V lK1 l� p11 1 A 1 1 Mayor �/6 RESOLUTION NO. 77-283 RESOLUTION ESTABLISHING FEES AND STANDS FOR TAXICABS IN IOWA CITY, IOWA, AND REPEALING RESOLUTION NO. 877 WHEREAS, the City Council, pursuant to the law of the State of Iowa, and the Ordinances of the City of Iowa City, Iowa, has the power to establish cab stands in Iowa City and to prescribe the fees therefor, and WHEREAS, the City Council deems it in the public interest to change the location for cab stands; NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA: 1. That Resolution No. 877, dated July 2, 1968, is hereby repealed. 2. That cab stands are hereby established on the {Vest side of Dubuque Street in Iowa City, Iowa, immediately North of the intersection of Washington and Dubuque Streets. 3. That any taxicab company licensed to do business in Iowa City shall be entitled to one stand; said stall to be designated by the City Manager at the general location set forth above. 4. That the fee for each of said stands shall be $150.00 per year. S. That the City Manager and City Clerk are hereby authorized and directed to implement this Resolution. It was moved by Perret and seconded by Vevera that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer X deProsse X Foster X Neuhauser X Perret X Selzer " x Vevera Passed and approved this 2nd day of August , 1977 Mayor ATTEST: City Cleg RECEIVED $ APPROVED BYoffffGAL D PART SENT (� Q� -7 IZ9 t7 -7 �/7 DAY91 July 29, 1977 TO: City Council FROM. Paul Glaves, Redevelopment Program Coordinator RE: Cab stands on Dubuque Street 1. The Dubuque Street taxi stands are now located on the west side of Dubuque Street, south of Washington Street. This area will become part of City Plaza. The Council's policy and the design of the Plaza does not include the stands at their existing location. 2. After a review of potential alternate locations, the staff recommends that the cab stands be moved north, across Washington Street to the southernmost spaces .on the same (west) side of Dubuque Street, adjacent to Perpetual Savings and Loan. 3. Letters indicating that this recommendation would be made were sent to Ralph Oxford and Perpetual Savings and. Loan for their comments on July 15. No comments have been received. 4. The existing cab stands were established by Resolution 877 in 1968. The staff recommends that Resolution 877 be repealed, and that a new resolution be passed, establishing the stands at the new location under the same terms as previously prescribed. A resolution to accomplish this accompanies this memorandum. PG/ssw Attachment RESOLUTION NO. 77-284 /6' _ 7� RESOLUTION ESTABLISHING FAIR RE -USE VALUE OF CERTAIN- URBAN RENEWAL PROPERTY WHEREAS, the City of Iowa City, acting as the Local Public Agency, hereinafter referred to as the LPA, has entered into a contract for loan and grant with the United States of America for the implementation of an urban renewal project known as City - University Project I, Project Number Iowa R-14; and, WHEREAS, the U.S. Department of Housing and Urban Development has issued regu- lations setting forth procedures for establishing the Fair Re -Use Value of urban renewal land; and, WHEREAS, the LPA has obtained a re -use appraisal, and has obtained an Opinion of Value from a review appraiser; and, WHEREAS, the LPA has received staff recommendations regarding the Opinion of Value; and, WHEREAS, the LPA finds the work of the appraiser and the review appraiser to have been performed in a competent and satisfactory manner consistent with State law and HUD policies; NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, acting as Local Public Agency, that the value of the parcel listed below is the Fair Re -Use Value for such parcel; and, BE IT FURTHER RESOLVED, that the Director of Community Development is hereby authorized to execute a Proclaimer Certificate regarding the Fair Re -Use Value of such parcel of land. Parcel Sq. Feet Use Re -Use Value 82-1a 6,000 Retail/Office/Residential $13,000 It was moved by Balmer and seconded by Perret that the Resolution as read be adopted and upon roll call there were: AYES: NAYS: ABSENT: X Balmer x deProsse X Foster X Neuhauser X Perret X Selzer x Vevera Passed and approved this 2nd day of 1977. ►Vlti �. 1A lllll�llL ild oMayor ATTEST: City i erk RECEIVED & APPROVED BY THE LEGAL DEPt1R MENT X77 J 619 RESOLUTION NO. 77-285 RESOLUTION OF APPROVAL OF CLASS "C" BEER PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class "C" Beer Permit Application is hereby approved for the following named per- son or persona at the following described locations: Hy -Vee Food Stores, Inc. dba/Hy-Vee Food Store #1, 227 Kirkwood Avenue Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance or state law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, surety bond and all other information or documents required to the Iowa Beer and Liquor Control D"ar4mnent. it was moved by Selzer and seconded by Perret that the Resolution as read he adopted, and upon roll call there were: Balmer deProsse Foster Neu auser erre Selzer evera AqS: NAYS: ABSENT: x x x Passed this 9th day of August , 19 77 0 RESOLUTION NO. 77-286 RESOLUTION OF APPROVAL OF CLASS C Beer BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Beer Sunday Sales Permit application is hereby approved -Tor Fie mellowing named person or persons at the following described location: Hy -Vee Food Stores, Inc. dba/Hy-Vee Food Store #1, 227 Kirkwood Ave. Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance of state law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, bond, and all other information or docu- ments required to the Iowa Beer and Liquor Control Department. It was moved by Selzer and seconded by Perret that the Resolution as read Be ado—p-57, and upon roll dall there were: AYES: NAYS: ABSENT: Balmer x deProsse x Foster x Neuhauser x Perret x Selzer x Vevera x Passed this 9th day of August , 19 77 0 dao RESOLUTION NO. 77-287 OF APPROVAL OF CLASS C Beer 13E IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Beer Sunday Sales Permit application is hereby approved or e ollowing named person or persons at the following described location: Hawkeye Dairy, Inc. dba/Hawkeye Dairy Store, 701 E. Davenport St. Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance of state law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, bond, and all other information or docu- ments required to the Iowa Beer and Liquor Control Department. It was moved by Selzer and seconded by ;Ferret that the Resolution as read be a opts , and upon roll call there were: Balmer deProsse Foster Neuhauser Perret Selzer Vevera Passed this AYES: NAYS: x x x x x x 9th day of ABSENT: August 0 . 1977 M RESOLUTION NO. 77-288 OLUTION OF APPROVAL OF CLASS C Beer ENSE APPLICATION. SUNDAY SALES BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Beer Sunday Sales Permit application is hereby approved o- e following named person or persons at the following described location: Drug Fair #2, 1030 Williams St. Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance of state law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, bond, and all other information or docu- ments required to the Iowa Beer and Liquor Control Department. It was moved by Selzer and seconded by Perret that the Resolution as read e adopted, and upon roll dell there were: AYES: Balmer x deProsse x Foster x Neuhauser x Perret x Selzer x Vevera Passed this 9th NAYS: ABSENT: x day of August , 1977 RESOLUTION NO. 77-289 RESOLUTION OF APPROVAL OF CLASS C Beer LICENSE A PLICATION. SUNDAY SALES 13E IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class e Sunday Sales Permit application is hereby approved or a ollowing named person or persons at the following described location: Southland Corp. dba/7-Eleven Food Store #18048, 820 First Ave. Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance of state law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, bond, and all other information or docu- ments required to the Iowa Beer and Liquor Control Department. It was moved by Selzer and seconded by Perret that the Resolution as read e a op e , and upon roll call dere were: AYES: NAYS: ABSENT: Balmer x deProsse x Foster x Neuhauser x Perret x Selzer x Vevera x Passed this 9th day of August �9 77 RESOLUTION NO. 77-290 ION OF APPROVAL OF CLASS C Beer APPLICATTnn_ gnNnev cATT:c 13E IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Beer Sunday Sales Permit application is hereby approved or a ollowing named person or persons at the following described location: Earle Norman Grueskin, partner in Dividend Bonded Gas, 302 S. Dubuque St. Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance of state law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, bond, and all other information or docu- ments required to the Iowa Beer and Liquor Control Department. It was moved by Selzer and seconded by Perret that the Resolution as read be e op e , and upon roll call there were: AYES: NAYS: ABSENT: - Balmer x deProsse x Foster x Neuhauser x Perret x Selzer x Vevera x Passed this- 9th day of August i9 77 0 6�� RESOLUTION RESOLUTION NO. 77-291 AL OF CLASS C Beer 13L IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Beer Sunday Sales Permit application is hereby approved or e ollowing named person or persons at the following described location: Hy -Vee Food Stores, Inc. dba/Hy-Vee Food Store #2, 310 First Avenue Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance of state law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, bond, and all other information or docu- ments required to the Iowa Beer and Liquor Control Department. It was moved by Selzer and seconded by Perret that the Resolution as read e adopted, and upon roll Call there were: AYES: NAYS: ABSENT: Balmer x deProsse x Foster x Neuhauser x Perret x Selzer x Vevera x Passed this 9th day of August D P �9 77 RESOLUTION NO. 77-292 OLUTION OF APPROVAL OF CLASS ENSE A PLICATION. SUNDAY SA' C Beer BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Beer Sunday Sales Permit application is hereby approved or a ollowing named person or persons at the following described location: John's Grocery, Inc. dba/John's Grocery, Inc., 401 E. Market Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance of state law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, bond, and all other information or docu- ments required to the Iowa Beer and Liquor Control Department. It was moved by Selzer and seconded by Perret that the Resolution as read e a op e , and upon roll call there were: AYES: NAYS: ABSENT: Balmer x deProsse x Foster x Neuhauser x Perret x Selzer x Vevera x Passed this 9th day of August 19 77 6a � RESOLUTION NO RESOLUTION OF OF 77-293 60 13E 17' RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Beer Sunday Sales Permit application is hereby approved or a ollowing named person or persons at the following described location: John's Grocery, Inc. dba/John's Grocery, Inc., 401 E. Market Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance of state law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together With the license fee, bond, and all other information or docu- ments required to the Iowa Beer and Liquor Control Department. It was moved by Selzer and seconded by Perret that the Resolution as read e a op e , and upon roll ca ere were: AYES: NAYS: ABSENT: Balmer x deProsse x Foster x Neuhauser x Perret x Selzer x Vevera x Passed this 9th day of August 0 0 �9 77 RESOLUTION NO. 77-294 ION OF APPROVAL OF CLASS C Beer 13E IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Beer Sunday Sales Permit application is hereby approved or e ollowing named person or persons at the following described location: Lucky Stores, Inc. dba/ Eagle Discount Supermarket $157, 600 N. Dodge St. Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance of state law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, bond, and all other information or docu- ments required to the Iowa Beer and Liquor Control Department. It was moved by Selzer and seconded by Perret that the Resolution as read e adopted, and upon roll call there were: AYES: NAYS: ABSENT: Balmer x deProsse x Foster x Neuhauser x Perret x Selzer x, Vevera x Passed this 9th day of August X977 �a � RESOLUTION NO. 77-295 RESOLUTION OF APPROVAL OF CLASS C Beer LICENSE A PLICATION. SUNDAY SALES 13E IT RESOLVED BY THE CITY COUNCIL OF IOWA CI`1'Y, IOWA, that a Class e r Sunday Sales Permit application is hereby approved or a ollowing named person or persons at the following described location: Lucky Stores, Inc. dba/Eagle Discount Supermarket #220, 1101 S. Riverside Dr. Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance of state law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, bond, and all other information or docu- ments required to the Iowa Beer and Liquor Control Department. It was moved by Selzer and seconded by Perret that the Resolution as rea e a op e , and upon roll call there were: Balmer deProsse Foster Neuhauser Perret Selzer Vevera 9 Passed this AYES: NAYS: ABSENT: x x x x x x X 9th day of August 19 77 a RESOLUT RESOLUTION NO. 77-296 ROVAL ON. S OF CLASS C Beer BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Beer Sunday Sales Permit application is hereby approved orae following named person or persons at the following described location: Lucky Stores, Inc. dba/May's Drug Store #198, 1101 S. Riverside Dr. Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance of state law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, bond, and all other information or docu- ments required to the Iowa Beer and Liquor Control Department. It was moved by Selzer and seconded by Perret that the Resolution as read e a op e , and upon roll oall there were: AYES: NAYS: ABSENT: Balmer x deProsse x Foster x Neuhauser x Perret x Selzer x Vevera x Passed this 9th day of August , i9 77 RESOLUTION NO. 7-297 RESOLUTION OF APPROVAL OF CLASS C 13E IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Beer Sunday Sales Permit application is hereby approved or a ollowing named person or persons at the following described location: QuikTrip Corp.dba/ Quik Trip Store #509, 225 South Gilbert Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance of state law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, bond, and all other information or docu- ments required to the Iowa Beer and Liquor Control Department. It was moved by Selzer and seconded by Perret that the Resolution as read be adopted, and upon rollga�iere were: AYES: Balmer x deProsse x Foster x Neuhauser x Perret x Selzer x Vevera Passed this 9th NAYS: ABSENT: x day of August t i9 77 6 RESOLUTION NO. 77-298 ON OF APPROVAL OF CLASS C Beer 13E IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Beer Sunday Sales Permit application is hereby approved or a ollowing named person or persons at the following described location: QuikTrip Corp. dba/ Quik Trip Store #503, 123 W. Benton Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance of state law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, bond, and all other information or docu- ments required to the Iowa Beer and Liquor Control Department. It was moved by Selzer and seconded by Perret that the Resolution as read e a op e , and upon roll call ere were: AYES: NAYS: ABSENT: Balmer x deProsse x Foster x Neuhauser x Perret x Selzer x Vevera x Passed this 9th day of August 0 19 77 RESOLUTION NO. 77-299 RESOLUTION APPROVING CLASS A LIQUOR CONTROL LICENSE APPLiMM BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class A Liquor Control License application is hereby approve or the following named person or persons at the following described location: Iowa City Lodge #1096, Loyal Order of Moose, 2910 Muscatine Ave. Said approval shall be subject to any conditions (or re- strictions hereafter imposed by ordinance or State law. The City Clerk shall cause a recommendation for approval to he endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond, sketch of the premises and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by that the Resolution there were: Balmer deProsse Foster Neuhauser Perret Selzer Vevera Selzer and seconded by Perret as read-ye—adopted, and upon-ri-o-11--c—all Passed and approved this AYES: NAYS: ABSENT: x x x x x x x 9th day of August 0 , 19 77 633 RESOLUTION NO. 77-300 RESOLUTION OF APPROVAL OF CLASS A LICENSE APPLICATION. SUNDAY SALES BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class A Liquor Sunday Sales Permit application is hereby approved o- a ollowing named person or persons at the following described location: Iowa City Lodge 1096, Loyal Order of :Moose Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance of state law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license foe, bond, and all other information or docu- ments required to the Iowa Beer and Liquor Control Department. It was moved by Selzer and seconded by Perret that the Resolution as read e e op e , and upon roll call there. were: AYES: NAYS: ABSENT: Balmer x deProsse x Foster x Neuhauser x Perret x Selzer x Vevera x Passed this 9th day of August 0 19 77 RESOLUTION NO. 77-301 RESOLUTION APPROVING CLASS C LIQUOR CONTROL LICENSE APPLIZr rM BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Liquor Control License application is hereby approve or the following named person or persons at the following described location: Cardan, Inc. dba/Joe's Place, 115 Iowa Ave. Said approval shall be subject to any conditions ( or re- strictions hereafter imposed by ordinance or State law. The City Clerk shall cause a recommendation for approval to he endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond, sketch of the premises and all other information or documents required to the Iowa Beer and Liquor Control Department, It was moved by Selzer and seconded by Perret that the Resolution as res a adopted, and upon ro 1 call there were: AYES: NAYS: Balmer x deProsse x Foster x Neuhauser x Perret x Selzer x Vevera Passed and approved this 9th day of ABSENT: 9 i August 19 77 0 6�� a RESOLUTION N0, 77-302 RESOLUTION APPROVING CLASS C LIQUOR CONTROL LICENSE APPLIMIM BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Liquor Control License application is hereby approv�For the following named person or persons at the following described location: Iowa River Pizza Company, Inc. dba/Applegate's Landing, 1411 S. Gilbert Said approval shall be subject to any conditions I or re- strictions hereafter imposed by ordinance or State law. The City Clerk shall cause a recommendation for approval to he endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond, sketch of the premises and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by Selzer and seconded by Perret that the Resolution as rea a adopted, and upon ro Iii there were: AYES: NAYS: Balmer x deProsse x Foster x Neuhauser x Perret x Selzer x Vevera Passed and approved this 9th day of ABSENT: August 1977 RESOLUTION NO OF 77-303 C Liquor BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Liquor Sunday Sales Permit application is hereby approved or a ollowing named person or persons at the following described location: Iowa River Pizza Company, Inc. dba/Applegate's Landing, 1411 S. Gilbert Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance of state law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, bond, and all other information or docu- ments required to the Iowa Beer and Liquor Control Department. It was moved by Selzer and seconded by Perret that the Resolution as rea2 be e op e , and upon roll ca were: ere , AYES: Balmer x deProsse x Foster x Neuhauser x Perret x Selzer x_ Vevera Passed this 9th NAYS: ABSENT: day of August , 19 77 b �� RESOLUTION NO. 77-304 RESOLUTION TO REFUND BEER PERMIT William N. Edwards, Jr., Kim R. Grittner & Sherri J. Hobr WHEREAS,dba/That Deli at 620 South Dubuque St. has surrendered beer permit No. 1203 expiring Jan. 12, 1977 and requests a refund on the unused portion thereof, now therefore, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that said beer permit be and the same is hereby cancelled, and BE IT FURTHER RESOLVED that the Mayor and City Clerk be and they are hereby authorized and directed to draw a warrant on the General Fund in the amount of $ 150.00 , payable to That Deli for refund of beer permit No. 1203 It was moved by Selzer and seconded by Perret that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Balmer _ X deProsse X Foster X Neuhauser X Perret X Selzer. X Vevera Passed this 9th FA X day of August 19 77 a �32 RESOLUTION NO. 77-305 RESOLUTION TO ISSUE DANCING PERMIT BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Dancing Permit as provided by law is hereby granted to the following named person and at the following described locations upon his filing an application, having endorsed thereon the certificates of the proper city officials as to having complied with all regulations and ordinances, and having a valid Class "B" Beer Permit, to wit: Iowa City Lodge 01096 - Loyal Order of Moose, 2910 Muscatine Ave. (Dancing permit issued for one year plus one quarter) It was moved by Selzer and seconded by Perret that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Balmer x deProsse x Foster x Neuhauser x Perret x Selzer x Vevera x Passed and approved this 9th 1977 , day of August r RESOLUTION NO. 77-306 RESOLUTION TO ISSUE CIGARETTE PERMITS WHEREAS, the following firma and persons have wade application, filed the bond, and paid the mulct tax required by law for the sale of cigarettes and cigarette papers; therefore, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the applications be granted and the cigarette bond now on file in the office of the City Clerk be and the same are hereby approved, and the City Clerk be and he is hereby directed to issue a permit to sell cigarette papers and cigarettes to the following named persona and firms: Bill Mihalopoulos dba/The Best Steak House, 1 South Dubuque St. Rochester Avenue D -X, 2233 Rochester Ave. It was moved by Selzer and seconded by Perret that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Balmer X deProsse X Foster X Neuhauser X Perret X Selzer X Vevera Passed this F4 9th day of August 19 77 'J 6�16 "avLUTION NO. 77-307 ✓ RESOLUTION ACCEPTING PRELIMINARY PLAT' OF PEPPERWOOD ADDITION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the approval of the preliminary plat for 11epperwood Addition be granted with the following conditions: None. It was moved by Selzer and seconded by Balmer that the resolution as read be adopted and upon roll call there were: AYES: NAYS: ABSENT: x BALMER x dePROSSE x FOSTER x NEUHAUSER x PERRE7 x SELZER x VEVERA Passed and approved this 9th day of August , 1977. / Gz-�a�� MAYOR ATTEST • r •CITY CLERK Cy 7i;s�JL_t_', 6111 RESOLUTION NO. 77-308 RESOLUTION AUTHORIZING THE CITY CLERK TO PUBLISH NOTICE TO BIDDERS FOR THE ARCHITECTURAL BARRIERS CONTRACT WHEREAS, notice of public hearing on the plans, specificiations, form of contract, and estimate of cost for the construction of the above-named project was published as required by law, the hearing thereon held, and Res. N77-282,was subsequently adopted which approved the plans, specifications, form of contract, and estimate of cost for the construction of the projects in said contract. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOIVA: 1. That the amount of bid security to accompany each bid for the construction of the above-named project shall be in the amount of at least 5% of the highest total amount bid.payable to Treasurer, City of Iowa City, Iowa. 2. That the City Clerk is hereby authorized and directed to publish notice for the receipt of bids for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the city not less than four (4) nor more than twenty (20) days before the date established for the receipt of bids. 3. That bids for the construction of the above-named projects are to be received by the City of Iowa City, Iowa, at the Office of the City Clerk, at the Civic Center, until 10:00 A.M. CDT on the 8th day of September, 1977. Thereafter, the bids will be opened by the City Engineer, and thereupon referred to the Council of the City of Iowa City, Iowa, for action upon said bids at its next meeting to be held at the Council Chambers, Civic Center, Iowa City, Iowa, at 7:30 P.M. on the 13th day of September, 1977. It was moved by Foster and seconded by Perret that the Resolution as read­Fe—a-d6p­teU,--a-nU upon roll call there were: AYES: NAYS: ABSENT: x x i. x x x x Passed and approved this 9th BALMER dePROSSE FOSTER NEUHAUSER PERRET SELZER VEVERA day of August , 1977. A .(,tA� � IRA MAYOR ATTEST: Received & Approved CITY CLERK By the Lagat Department d � RESOLUTION N0. 77-309 A RESOLUTION APPROVING THE FINAL AUDITOR'S PIAT NO. 32 SUBMITTED BY R. M. BOGGS, CO., INC.; BUSINESS DEVELOPMENT, INC.; CAPITOL PROPANE GAS CO., INC.; DRUG FAIR; L. L. PEELING CO. AND WOLF CONSTRUCTION, INC. WHEREAS, the City of Iowa City, Iowa, is authorized to approve auditor's plats pursuant to the provisions of Chapber 409 of the Code of Iowa, 1975, as amended by the Sixty-sixth General Assembly, 1976 Session, and WHEREAS, R. M. Boggs, Co., Inc.; Business Development, Inc.; Capitol Propane Gas Company, Inc.; Drug Fair; L. L. Pelling Co. and wolf Construction, Inc,, are owners of certain real estate more particularly described in the attached final Auditor's Plat No. 32 and by this reference made a part hereof, and WHEREAS, such owners own certain and distinct portions of the above-described real estate, and WHEREAS, Chapter 441 of the Code of Iowa, 1975, as amended by the Sixty-sixth General Assembly, 1976 Session, makes it obligatory upon the county auditor, when- ever in his/her judgment the descriptions of one or more of the different parts or parcels of real estate cannot be made sufficiently certain and accurate for the purposes of assessment and taxation without noting the metes and bounds of the sane, to require the owners to execute and file a plat, and WHEREAS, pursuant to Chapter 441 of the Code of Iowa, the above owners have executed a final auditor's plat, and WHEREAS, the above owners and the City of Iowa City, Iowa, have agreed to the following: a. That building permits will be issued for Lots 1, 2, 3, 4, 5,_and 7 of Auditor's Plat No. 32, subject to compliance with Ordinance No. 2527 as amended (Chapter 9.52 of the Municipal Code of the City of Iowa City, Iowa) and all other applicable ordinances and laws. b. That prior to any change in lot configuration of Lots 1, 2, 3, 4, 5, and 7 of said auditor's plat, such proposal must be submitted to the Planning and Zoning Commission for review as to compliance with the provisions of Chapter 409 of the Code of Iowa, and other applicable municipal and state laws. c. That prior to any of the following: 1. subdivision of Lot 6 of said plat into two (2) or more plats, 2. change in lot configuration of Lot 6 of said plat, the above owners shall submit a subdivision plat of Lot 6 of Auditor's Plat No. 32 which conforms to the requirements of Chapter 409 of the Code of Iowa and all applicable municipal and state laws. /y� Res. 77-309 -2- WHEREAS, the City Council having been appraised of the above deems it in the public interest to approve said final auditor's plat. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the final auditor's plat executed by the aforementioned owners be approved by the City Council of the City of Iowa City, Iowa. It was moved by Selzer and seconded by Balmer that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Balmer X deProsse X Foster X Neuhauser X Perret X Selzer X Vevera Passed and approved this 9th day of August 1977 dun W MAYOR ATTEST A4L� CITY CLERK RECEIVED & APPRO' ED BY THE LrE�GA�LIDEP RTI11yNT RESOLUTION NO. 77-310 - RESOLUTION ACCEPTING PRELIMINARY PLAT' OF HULL'S COUNTRY ESTATES ADDITION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the approval of the preliminary plat for Hull's Country Estates Addition be granted with the following conditions: subject to the following stipulation: that upon submission of the final plat, the developer submit a waiver of access to Sand Road following. annexation by the City. It was moved by Balmer and seconded by Vevera that the resolution as read be adopted and upon roll call there were: AYES: NAYS: ABSENT: Passed and approved this 9th day of August �j , 1977• MAYOR ATTEST: �lUcr�_ �i racaive:a i. t':Ppro-vad CITY CLERK By the Legal Uenartm,ni RESOLUTION NO. 77-311 RESOLUTION AWARDING CONTRACT FOR THE CONSTRUCTION OF MERCER PARK BALL DIAMOND LIGHTING WHEREAS, Fandel, Inc., Cedar Rapids, Iowa, has submitted the best bid for the construction of the above - named project. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the contract for the construction of the above-named project is hereby awarded to Fandel, Inc., Cedar Rapids, Iowa, for $34,943.00 , subject to the awardee secure adequate performance bond and insurance certificates. It was moved by Balmer and seconded by Selzer that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: x x x x x x x ABSENT: Passed and approved this 9th BALI ER dePROSSE FOSTER NEUHAUSER PERRET SELZER VEVERA day of August MAYOR ATTEST: CITY CLE 1977 . Recsived & Approved By Thmgal Dspartment� / RESOLUTION NO. 77-312 RESOLUTION AUTHORIZING THE TRANSFER OF REAL PROPERTY FROM THE CITY OF IOWA CITY ACTING AS LOCAL PUBLIC AGENCY TO THE CITY OF IOWA CITY, IOWA: AND AUTHORIZING THE TRANSFER OF FUNDS IN PAYMENT THEREFORE WHEREAS, the City of Iowa City, Iowa, has under date September 2, 1970, entered into a contract for Loan and Grant with the United States of America; and, WHEREAS, the City of Iowa City, Iowa, has undertaken pursuant to said contract an urban renewal project known as the City -University Project I, Project Number Iowa R-14; and, WHEREAS, the City of Iowa City, Iowa, has received an entitlement of funds pursuant to the Housing and Community Development Act of 1974; and, WHEREAS, the City of Iowa City has planned for the use of a portion of said funds for the purpose of transferring the control of certain real property from the City of Iowa City acting as the Local Public Agency to the City of Iowa City, the municipality, as set forth in the project applications and budgets submitted to and approved by the U.S. Department of Housing and Urban Development, and pursuant to the provisions of Title 24, Part 570, and Section 570.801(c) of the Code of Federal Regulations; and, WHEREAS, the City Council of the City of Iowa City now desires to accomplish said transfer of such funds and transfer of control of such real property; and, WHEREAS, the City Council of the City of Iowa City has by Resolution No. 76-446, dated December 14, 1976, previously transferred the sum of eight hundred thousand ($800,000) dollars for said purpose; and, WHEREAS, the remaining value of land in inventory is nine hundred sixty-four thousand six hundred fifty ($964,6SO) dollars; NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that pursuant to the authority granted by Section 403 of the 1975 Code of Iowa and Title 24, Part 570, Section 570.801(c) of the Code of Federal Regulations the City Council desires to transfer a sum of money received pursuant to the Housing and Community Development Act of 1974 to the Local Public Agency in consideration for the transfer of control of certain real property from the Local Public Agency to the City; and, BE IT FURTHER RESOLVED, that the City Manager is hereby authorized and directed to transfer the sum of $964,650 from funds available to the City of Iowa City, Iowa, pursuant to the Housing and Community Development Act of 1974, upon completion of which transfer the City- Council of Iowa City, Iowa, shall have fully deposited the value of land in inventory to the LPA for Project Iowa R-14 pursuant to Title 24, Part 570, Section 570.801(c) of the Code of Federal Regulations; and Res. No. 77-312 -2- BE IT FURTHER RESOLVED, that the real property so transferred from the Local Public Agency to the City of Iowa City shall, in the future, be disposed of or retained in accordance with the provisions set forth in Title 24, Part 570 of the Code of Federal Regulations as in effect on the effective date of such future disposal or retention. It was moved by Selzer and seconded by Foster that the Resolution as read be adopted and upon roll call there were: AYES: NAYS: ABSENT: Passed and approved this Balmer deProsse Foster Neuhauser Ferret Selzer Vevera ATTEST: City Clerkj day of August l Mayor r Xy PZCZT72D & APPROVZD DEPART"1211T 1977. RESOLUTION NO. 77-313 RESOLUTION APPROVING CLASS "B" BEER PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class "B" Beer Permit Application is hereby approved for the following named person or persons at the following described location: Fridays Corporation dba/T.G.I.Fridays, 11 S. Dubuque St. Said approval shall be subject to any conditions or re- strictions hereafter imposed by ordinance or State law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond and all other information or documents required to the Iowa Beer aLl" Liquor Control Department. It was moved by Foster and seconded by Selzer that the Resolution as read -"Se adopted, and upon roII ca there were: AYES: NAYS: ABSENT: Balmer x deProsse x Foster x Neuhauser x Perret x Selzer x Vevera x Passed and approved this 16th day of August . 1977 6yy ly RESOLUTION NO. 77-314 RESOLUTION APPROVING CLASS "B" BEER PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class "B" Beer Permit Application is hereby approved for the following named person or persons at the following described location: Daryl C. Woodson and Douglas K. Hendriks dba/ The Sanctuary Restaurant, 405 South Gilbert St. Said approval shall be subject to any conditions or re- strictions hereafter imposed by ordinance or State law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by that the Resolution there were: Balmer deProsse Foster Neuhauser Perret Selzer Vevera Foster and seconded by Selzer as read -be adopted, and upon ro1caTL l AYES: NAYS: x x x x x x x Passed and approved this 16th day of ABSENT: August . 19 77 RESOLU'T'ION NO. 77-315 BE 11' RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class B Beer Sunday Sales Permit application is hereby approved or a ollowing named person or persons at the following described location: Daryl C. Woodson and Douglas K. Hendriks dba/The Sanctuary, 405 S. Gilbert Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance of state law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, bond, and all other information or docu- ments required to the Iowa Beer and Liquor Control Department. It was moved by Foster and seconded by Selzer that the Resolution as read e a op e , and upon roll call there were: AYES: NAYS: ABSENT: Balmer x deProsse x Foster x Neuhauser x Perret x Selzer x Vevera x Passed this 16th day of August 1977 6s� RESOLUTION NO. 77-316 RESOLUTION OF APPROVAL OF CLASS "C" BEER PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class "C" Beer Permit Application is hereby approved for the following named per- son or person■ at the following described locations: Hy -Vee Food Stores, Inc. dba/Hy-Vee Food Store #2, 310 N. First Ave. Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance or state law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, surety bond and all other information or documents required to the Iowa Beer and Liquor Control Dgpartment. It was moved by Foster and seconded by Selzer that the Resolution as read be adopted, and upon roll call there werer Balmer deProsse Foster eu auser Verret Selzer evera AYESr NAYSr ABSENTS x x Passed this 16th day of August , 19 72 6 S� RESOLUTION NO. 77-317 RESOLUTION OF APPROVAL OF CLASS C Beer 13E IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Beer Sunday Sales Permit application is hereby approved for the following named person or persons at the following described location: Hy -Vee Food Stores, Inc. dba/Hy-Vee Food Store #2, 310 N. First Ave. Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance of state law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, bond, and all other information or docu- ments required to the Iowa Beer and Liquor Control Department. It was moved by Foster and seconded by Selzer that the Resolution aa read e a op e , and upon roll call there were: AYES: NAYS: ABSENT: Balmer x deProsse x Foster x Neuhauser x Perret x Selzer x Vevera x Passed this 16th day of August , 19 77 6s3 RESOLUTION NO. 77-318 RESOLUTION OF APPROVAL OF CLASS C Beer 13E IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Beer Sunday Sales Permit application is hereby approved for tSe following named person or persons at the following described location: Walgreen Co. dba/Walgreens, 1646 Sycamore St. Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance of state law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, bond, and all other information or docu- ments required to the Iowa Beer and Liquor Control Department. It was moved by Foster and seconded by Selzer that the Resolution as rea2f be a op e , and upon roll call there were: 19 77 6s'y AYES: NAYS: ABSENT: Balmer x deProsse x Foster x Neuhauser x Perret x Selzer x Vevera x Passed this 16th day of August 19 77 6s'y RESOLUTION NO. 77-319 RESOLUTION APPROVING CLASS C LIQUOR CONTROL LICENSE APPLTMTO BE IT'RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Liquor Control License application is hereby appprov�7or the following named person or persons at'tha following described location: Plamor Bowling, Inc., 1555 - 1st Ave. Said approval shall be subject to any conditions tor re- strictions hereafter imposed by ordinance or State law. The City Clerk shall cause a recommendation for approval to he endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond, sketch of the premises and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by that the Resolution there were: Balmer deProsse Foster Neuhauser Perret Selzer Vevera Foster and seconded by Selzer as rete adopted, and upon roll—call AYES: NAYS: ABSENT: x x x x x x Passed and approved this 16th day of August 1977 RESOLUTION NO. 77-320 RESOLUTION OF APPROVAL OF CLASS C Liquor LICENSE APPLICATION. SUNDA SALES 13E IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Liquor Sunday Sales Permit application is hereby approved or a o1lowing named person or persons at the following described location: Plamor Bowling, Inc., 1555 - 1st Ave. Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance of state law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, bond, and all other information or docu- ments required to the Iowa Beer and Liquor Control Department. It was moved by Foster and seconded by Selzer that the Resolution as read be a op e , and upon roll CaIl there were: AYES: NAYS: ABSENT: Balmer x deProsse x Foster x Neuhauser x Perret x Selzer x Vevera x Passed this 16th day of August , lg 77 65 6 RESOLUTION NO. 77-321 RESOLUTION APPROVING CLASS C LIQUOR CONTROL LICENSE APPLTMTO BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Liquor Control License application is hereby approves -Tor the following named person or persons at the following described location: Bull Market, Inc. dba/Bull Market, 325 E. Washington St. Said approval shall be subject to any conditions tor re- strictions hereafter imposed by ordinance or State law. The City Clerk shall cause a recommendation for approval to he endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond, sketch of the premises and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by that the Resolution there were: Balmer deProsse Foster Neuhauser Perret Selzer Vevera Foster and seconded by Selzer as re�a die adopted, and uponr�T—calT AYES: NAYS: x x x x x x x Passed and approved this 16th day of ABSENT: August 19 77 6s7 RESOLUTION N0, 77-322 RESOLUTION APPROVING CLASS C LIQUOR CONTROL LICENSE APPLiMTM BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Liquor Control License application is hereby appro eFTor the following named person or persons at the following described location: Senor-Pablos Ltd. dba/Senor Pablos, 830 - 1st Ave. Said approval shall be subject to any conditionsorre- strictions,hereafter imposed by ordinance or State law. The City Clerk shall cause a recommendation for approval to he endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond, sketch of the premises and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by -Foster and seconded by Selzer that the Resolution a■ re�a Tie adopted, and upon roll call there were: AYES: NAYS: ABSENT: Balmer x deProsse x Foster x Neuhauser x Perret x Selzer x Vevera x Passed and approved this 16th day of August 1977 RESOLUTION NO. 77-323 RESOLUTION OF C LiQuor BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITYIOWA, that i a Class C Liquor Sunday Sales Permit application s hereby approvedoor�ie following named person or persons at the following described location: Senor PablosLtd. dba/Senor Pablos, 830 - 1st Ave. 0 Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance of state law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, bond, and all other information or docu- ments required to the Iowa Beer and Liquor Control Department. It was moved by Foster and seconded by Selzer that the Resolution as read e s op e , and upon roll call Ehere were: AYES: NAYS: ABSENT: Balmer x deProsse x Foster x Neuhauser x Perret x Selzer x Vevera x Passed this 16th day of August 19 77 i RESOLUTION NO. 77-324 RESOLUTION DIRECTING ACCEPTANCE OF WATER BOND TENDERS WHEREAS, the City Council of Iowa City, Iowa, duly and legally enacted a Bond Resolution for Series 1961 Water Revenue Bonds for the purchase of a Water Distribution System for the City of Iowa City and for Series 1967 Water Revenue Bonds for the purpose of improving and extending the water- works plant and system, and WHEREAS, Said Bond Resolution sets forth that any excess in the Bond and Interest Reserve Fund may be used to purchase any of said bonds then outstanding at not exceeding par value and accrued interest or if not so used, shall be used to call and redeem such bonds as may be then subject to redemption prior to maturity, and WHEREAS, an excess does exist in said account and the 1961 issue became callable on or after December 1, 1971 and the City could be required to call said bonds pursuant to its resolution, and WHEREAS, the Council has deemed it in the public interest that the City advertise for tenders on outstanding bonds, and by resolution the Council did direct that the City advertise for tenders. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA that the City Manager and the Finance Director be directed to accept the bond tenders which are at an acceptable price which is to the financial advantage of the City, and which will reduce the cost of said bonds to the City, and the City Manager and the Finance Director are hereby authorized and directed to reject any tender of bonds or portion thereof not reducing the cost to the City. It was moved by Balmer and seconded by Foster that the Resolution as read be adopted and upon roll call there were: AYES: NAYS: ABSENT: X BALMER X DE PROSSE X FOSTER X NEURAUSER X PERRET X SELZER X VEVERA Passed and approved this 16th day of August 1977. RECEIVED k APPROVED BY THE LEGAL DEPARTMENT �k RESOLUTION 77-325 A RESOLUTION AUTHORIZING HOUSING REHABILITATION GRANT BE PROVIDED THROUGHOUT THE CDBG PROGRAM AREA. Whereas, the Council has recognized the need for and benefits of neighborhood conservation and has identified project boundaries for Community Develop- ment Block Grant (CDBG) program neighborhood improvement activities (Resolution 76-447), and Whereas, the Council has established a Housing Rehabilitation Program to be carried out within this program area (Resolution 77-182), and Whereas, the Council has directed staff to service two pilot areas, before finalizing plans for servicing the total CDBG program area (informal discussion 10-25-76), and Whereas, the staff has marketed the Housing Rehabilitation grant financial assistance within that area for seven months, and has determined that it would be advantageous to expand this portion of the program to the entire CDBG program area. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, THAT THE CDBG HOUSING REHABILITATION GRANT ASSISTANCE BE MADE AVAILABLE TO THE ENTIRE CDBG PROGRAM AREA. BE IT FURTHER RESOLVED THAT THE STAFF BE DIRECTED TO IMMEDIATELY BEGIN PROCESSING APPLICATIONS FOR ELIGIBLE GRANT RECIPIENTS. GRANTS WILL BE MADE IN AMOUNTS UP TO $5,000. IF REHABILITATION COSTS EXCEED THE GRANT AMOUNT, THE APPLICANT WILL BE ELIGIBLE FOR A SUPPLEMENTARY FORGIVEABLE LOAN. It was moved by foster and seconded by the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x deProsse X Foster x Neuhauser x Perret x Selzer x Vevera Passed and approved this 16th day of August Perret 19 77 MAYOR �!L� ATTEST: G[� City Clerk RECEIVED h APPROVED BY THE LEGAL DEPARTMENT b1-11-,77 !Z 2/ 6 b L-4 E' 3 —'- 14 IEEHEOMEI 1r—' -:J :..L_`:.Tl �L-�l•I�I : 1'[ �:.I��ZL i `Sr Lit I J[]ifJ?17m[ol ][li l][i]mC )fffi P71[flq—jfJ(]dl Jm11E - Q](i7171mf1J�{jl ,7[]lmmm(--j� ��fP.Lli[7i11[171111 Ili 1L1]MITI _ —_ � { M eInL City of Iowa Cit, MEMORANDUM DATE: August 11, 1977 TO: Mike Kucharzak, Director, (lousing and Inspection Services FROM: Julie Vann, CDBG Program Coordinator k.-, Ute' RE: Expanding Housing Rehabilitation Grant Service Area The Housing Rehabilitation Program has been allocated a total of $492,550 during the past three years of Community Development Block Grants. In the FY 178 Budget, those funds are budgeted as follows: $ 56,500 for administrative costs 101,000 for grants 101,200 for forgiveable loans 212,038 for REHAB I loans $470,738 TOTAL You have requested that grants be made available throughout the CDBG program area, while forgiveable loans and REHAB 1 loans be concentrated in target neighborhoods. The budget will allow for this. I have prepared a resolution for the Council to formally act on this matter. As you know, the CD interns are still completing exterior housing surveys within the CDBG program area. Approximately 2250 have been completed. We plan to have the entire CDBG program area surveyed by early September, so that target areas for the loan programs can be selected by the Council in late September based on a CDBG area plan. JV:sc City of Iowa � DATE+August 3, 1977 TO: Mike Kucharzak FROM:•YLaureen Taylor# RE: Opening of the 403 area to Grant Cases This is to request that the Housing Rehabilitation Program grant be made available to the entire 403 area with forgiveable loans available only as piggyback finand— ing when the tyrants are not sufficient to complete the rehabilitation. The services presently available to concentrated service areas I and II would continue. The reasons for the request are as follows: 1. Areas I and II have not responded as well as we had hoped. In spite of extensive door—to—door canvassing, church visits, and media coverage, the residents of the areas have not been enthusiastic about the program. A special effort was made to contact•the elderly. Twenty—three elderly residents were interviewed in one specific canvass designed to reach senior citizens. Of this group, only two are now applying for the program. The rest gave reasons for not participating that ranges from ill health to distrust of the program. Several had assets that were too high. 2. There are at least 44 seniors outside of the present areas who are waiting for the Rousing Rehabilitation Program. In four instances, surveys have been done because the residents were so concerned about the deteriorated condition of their homes. These people are eager to participate in the program but will not remain so if the delay continues. Recently, there has been impatience that a decision has not been made about the next area. Since it is important to have citizen support for the Housing Rehabilitation Program, it vould be beneficial to aid these people now while they still have enough positive feelings about rehab to continue to call. 3. Public Relations will be helped by helping those senior citizens who are waiting to hear from the Rehab Program. Once we have assisted those who are anxious to take part in our program, word of mouth should 90 a lot to alleviate the distrust that the Housing Rehabilitation Program has had to face. 4. The hinds are available for FY 1976-1978: is available for grants forgiveable loans 90,386.00 has been spent or will be spent for houses under construction or out for bid $22 .00 -is available through FY 1978 for grants and forgiveable loans. Ud t �� �Y- RESOLUTION NO. 77 - RESOLUTION APPROVING CLASS "B" BEER PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class "B" Beer Permit Application is hereby approved for the following named person or persons at the following described location: East Moline Pizza Hut, Inc. dba/ Pizza Hut, 1921 Keokuk St. Said approval shall be subject to any conditions or re- strictions hereafter imposed by ordinance or State law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond and all ether information or documents required to the Iowa Beer and Liquor Control Department. It was moved by Perret and seconded by Foster that the Resolution as rea7H_Te adopted, and upon roIl—c—alt there were: AYES: NAYS: ABSENT: Balmer x deProsse x Foster x Neuhauser x Perret x Selzer x Vevera x Passed and approved this 23rd day of August 19 77 RESOLUTION NO. 77-326 P"51alutilan of Cmimenbatian lllereas, Ralph O'Bhi.en submitted a resignation from the service of the City of Iowa City effective August 19, 1977,and ,Hlllereas, the said Ralph 0' Bxi.en as an employee of the Cemetehy Division ob .the Paaka E Rec)ceati.on Department has given the City of Iowa City eleven yeau, eight months of dedicated service, from Dec. 1965 and .to August 1977 Arreas, the City Council wishes to commend the said Ra!'ph 0' Bh i.en for said service. .Wafu Zfiterrfvre he if Psolbrb bg ('fid he Qlttg Council of �Jvfnu @Iitg, Xof a: 1. That the City Council of Iowa City, Iowa hereby commends Ralph 0' &%ien for meritorious service in the Cemeten.y Division of the City over the years 2. That the City Council extends the gratitude of the City to the said Ralph 0' Brien for his service. 3. That the Mayor and City Clerk are hereby authorized and directed to certify a copy of this resolution to Ralph 0' BJu:en. It was moved by Selzer and seconded by Perret that the Resolu- tion be adopted. ATT /W-6- / ABBIE STOLFUS Y CITY CLERK &4_4-t W. dLR04 . CAROL W. dePROSSE MAYOR PRO TEM Passed and approved this 23rd day of August, 1977 AYES: Balmer, deProsse, Foster, Perret, Selzer, Vevera. NAYS: None. ABSENT: Neuhauser. i RESOLUTION NO. 77-328 AL OF CLASS B BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class B Beer Sunday Sales Permit application is hereby approved ora ollowing named person or persons at the following described location: East Moline Pizza Hut, Inc. dba/Pizza Hut, 1921 Keokuk St. Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance of state law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, bond, and all other information or docu— ments required to the Iowa Beer and Liquor Control Department. It was moved by Perret and seconded by Foster that the Resolution as read e a op e , and upon roll call there were: AYES: NAYS: ABSENT: Balmer X deProsse X Foster X Neuhauser X Perret X Selzer x Vevera x Passed this 23rd day of August 19 77 66 RESOLUTION NO. 77.329 RESOLUTION OF APPROVAL OF CLASS C Beer BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Beer Sunday Sales Permit application is hereby approved or a ollowing named person or persons at the following described location: William Bernard Kron, Jr. dba/Bill's I-80 DX, I-80 and Highway 1 (Route 2) Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance of state law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, bond, and all other information or docu- ments required to the Iowa Beer and Liquor Control Department. It was moved by Perret and seconded by Foster that the Resolution as read e adopted, and upon roll call there were: AYES: NAYS: ABSENT: Balmer x deProsse x Foster x Neuhauser x Perret x Selzer x Vevera x Passed this 23rd day of - August , 19 77 �G6 l C/4 RESOLUTION NO. 77-330 RESOLUTION APPROVING CLASS C LIQUOR CONTROL LICENSE APPLTUTTO BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Liquor Control License application is hereby approv�Tor the following named person or persons at the following described location: Rugger -Burns Restaurants, Inc. dba/Iowa Thrashers, 1515 Mall Dr. Said approval shall be subject to any conditions ( or re- strictions hereafter imposed by ordinance or State law. The City Clerk shall cause a recommendation for approval to he endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond, sketch of the premises and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by Perret and seconded by Foster that the Resolution ae rea 5e adopted, and upon roti call there were: AYES: NAYS: ABSENT: Balmer x deProsse x Foster x Neuhauser x Perret x Selzer x Vevera x Passed and approved this 23rd day of August 19 77 . ZG7 RESOLUTION NO. 77-331 RESOLUTION OF APPROVAL OF CLASS BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Liquor Sunday Sales Permit application is hereby approved or a ollowing named person or persons at the following described location: Rugger -Burns Restaurants, Inc. dba/Iowa Thrashers, 1515 Mall Drive Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance of state law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, bond, and all other information or docu- ments required to the Iowa Beer and Liquor Control Department. It was moved by Perret and seconded by Foster that the Resolution as read be a op e , and upon roll call there were: AYES: NAYS: ABSENT: Balmer x deProsse x Foster x Neuhauser X Perret x Selzer x Vevera 09 Passed this 23rd day of August ly 77 RESOLUTION N0. 77 -3 -- RESOLUTION TO REFUND CIGARETTE PERMIT Central Vendors, Inc. WHEREAS, dba/Nostalgia, Ltd. at 22 South Van Buren in Iowa City, Iowa, hem surrendered cigarette permit No. 78-50 , expiring June 30 , 19 78 , and requests a refund on the unused portion thereof, now therefore, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that cigarette permit No. 78-50 , issued to Central Vendors, Inc. be cancelled, and BE IT FURTHER RESOLVED that the Mayor and City Clerk be and they are hereby authorized and directed to draw a warrant on the General Fund in the amount of $ 75.00 , payable to Central Vendors, Inc. as a refund on cigaretto permit No78-50 It was moved by Perret and seconded by Foster that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS:B� SENT: Balmer x deProsse x Foster X Neuhauser X Perret X Selzer X Vevera X Passed this 18th day of August , 19 77 �G9 RESOLUTION NO. 77-33 RESOLUTION ACCEPTING PRELIMINARY PLAT' OF WINDSOR HEIGHTS, 5TH ADDITION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY. IOWA, that the approval of the preliminary plat for Windsor Heights, 5th Addition be granted with the following conditions: 1. That a deed dedicating street r -o -w for the purpose of extending 7th Ave. N. of Rochester Ave. to Windsor Heights by Plum Grove Inc. be submitted. 2. An agreement to install a street and sidewalk and all related improvements extending said 7th Ave. N. of Rochester Ave. to Windsor Heights be submitted. 3. Erosion control measures as set forth in stormwater management control ordinance as adopted by Council be adhered to. i It was moved by Selzer and seconded by Foster that the resolution as read be adopted and upon roll call there were: AYES: NAYS: ABSENT: x BALMER Abstain dePROSSE X FOSTER Absent NEUHAUSER Abstain PER77 X SELZER x VEVERA Passed and approved this 23rd day of August 1977, MAYOR Pro tom ATTEST: CITY CLERK Rcc_iv.d : P.p�rovnd By The L^gel Dci)atri_nf 6570 a RESOLUTION NO. 77-334 RESOLUTION AMENDING SALARIES AND COMPENSATION FOR CLASSIFIED PERSONNEL', RESOLUTION NO. 77-215 , AND PROVIDING FOR VARIOUS POSITION CHANGES. WHEREAS, the City of Iowa City, Iowa employs certain classified personnel and, WHEREAS, it is necessary to amend the classification plan included in Resolution No. 77-215 , NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA, that Resolution No. 77-215 be amended by: 1. Removing the position of Buyer from pay range 7 and adding this position to pay range 8. 2. Establishing the position of Senior Construction Inspector with a salary range of $1,036 to $1,280, current range 12. 3. Establishing the pay range of $1,659 to $2,300 for the Police Chief in the classification plan, Police and Fire Departments. It is moved by Balmer and seconded by Foster that the Resolution as read be adopted and upon roll ca were: AYES: NAYS: ABSENT: Passed and approved this z City Clerk 23rd ere Balmer de Prosse Foster x Neuhauser Perret Selzer Vevera day of August 1977, Mayor pro tem RECEIVED & APPROVED BY THE LEGAL DEPARTMENT h_//-77 _/-F-- (o 7l J'c O. RESOLUTION NO. 77-335 A RESOLUTION ESTABLISHING CERTAIN FEES AND CIES WITH RESPECT TO THE ADMINISTRATION OF TAXICAB REGULATIONS. WHEREAS, the City Council of the City of Iowa City, Iowa, has enacted Ordinance No. 77-2844 which establishes comprehensive regulations for taxi- cabs operating within the City of Iowa City, and WHEREAS, said ordinance provides that certain costs be incurred by the City and the administration of said ordinance be borne by the applicant or the holder of a taxicab certificate of public convenience and necessity, and WHEREAS, the City staff has proposed the following scheduled charges: Issuance of license plates . . . .$ 1.70 per plate Issuance of certificate of public convenience and necessity . . . . . . . . . . . . .$25.00 for first taxi- cab, $15.00 for each taxicab thereafter NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, that the above fees and charges be adopted and established for the above stated activities. It was moved by Perret and seconded by Vevera that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: X_ X X X_ X_ X Balmer deProsse Foster X Neuhauser Perret Selzer Vevera Passed and approved this 23rd day of ATTEST: �2 X City Clerk 1977. 0a*4ti-Ap".4.t_ Mayor Pro tem RECEIVED & APPY 8X NEE LEGAL DEPART;AENT A 72 RESOLUTION NO. 77-336 RESOLUTION ACCEPTING THE LOW BID OF THE J. F. EDWARDS CONSTRUCTION COMPANY OF GENESEO, ILLINOIS, AND AUTHORIZING THE MAYOR TO SIGN THE CONTRACT FOR CONSTRUCTION OF THE JEFFERSON/MARKET SIGNALIZATION PROJECT FAUS NO. M-4030(1)--81-52 UPON CONCURRENCE OF THE FEDERAL HIGHWAY WORKS ADMINISTRATION WHEREAS, J. F. Edwards Construction Company of Geneseo, Illinois, has been awarded the contract and has furnished adequate performance bond and insurance certificates for the construction of the above-named project. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the performance bond and insurance certificates for the construction of the above-named project are approved by the Council. 2. That the Mayor is hereby authorized to sign and the City Clerk to attest the contract for the construction of the above-named project upon concurrence of the Federal Highway Works Administration. It was moved by Selzer 'and seconded by Perret that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x BALMER dePROSSE x FOSTER x NEUHAUSER x PERRET x SELZER x VEVERA Passed and approved this 23rd day of August 1977. ATTEST: City Clerk 0" U). & Mayor pro tem RLc-i,,=J 8 Appraved E Tai_ L2yal Dapartm:!nt �Hvg �- Iq-77 FW,5aUMON NO. 77-337 RESOLUPICN AUrHORIZM EXECUTION OF AMENDMENT TO SEWER SYSTEM EVALUATION SURVEY CONTRACT WITH VEENSTRA & KIMM W=M, the City of Iowa City, Iowa, has negotiated an amendment to a contract with Veenstra and Kimm , a copy of said amendment being atta to s Reso utton s reference made at, and, WHEREAS, the City Council deans it in the public interest to enter into said amendment for the Sanitary Sewer Evaluation Survey to extend the flow monitoring phase of the survey for three additional months. NOW, TFIEREFORE, BE IT RESOLVED BY THE CITY COUNCIL: 1. That the Mayor and City Clerk are hereby authorized and directed to execute the amendment with Veenstra & Kim 2. That the City Clerk shall furnish copies of said amendment to any citizen requesting same. It was mored by Foster and secorAded by Balmer the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x BALMER x dePROSSE x FOSTER x NEUHAUSER x PERRET x SELZER x VEVERA Passed and approved this 23rd day of August . 1977• 0a*4 )- dl M�r~Pro tem ATTEST: City Clerk RECEIVED & APPROVED LEG Flet- �1 ii %7 THIRD AMENDMENT TO AGREEMENT WHEREAS, the City of Iowa City, hereinafter referred to as the City, has entered into an agreement with Veenstra & Kimm, Engineers & Planners, hereinafter referred to as the Consultant, for the preparation of a Facility Plan in accordance with Title II of the Federal Water Pollution Control Act Amendments of 1972 (Public Law 92-500), and WHEREAS, said Facility Plan includes three major components, an Infiltration/ Inflow Analysis, a Sewer System Evaluation Survey and a Complete Waste Treatment System Plan, and WHEREAS, the Consultant has completed the Infiltration/Inflow Analysis and is proceeding with work on the Sewer System Evaluation Survey, provided for by a Second Amendment to the original agreement, and WHEREAS, the scope of said Sewer System Evaluation Survey includes provision for system flow monitoring and furnishing, installing and maintaining sixteen (16) self -recording depth -of -flow meters for a maximum three-month period, and WHEREAS, it has been impossible to secure adequate flow data since initiation of said survey due to severe drought conditions, and WHEREAS, it may be possible to document flow data during an additional three-month period of flow monitoring, and WHEREAS, it is necessary to amend the amended agreement to extend the period for furnishing, installing and maintaining self -recording depth -of -flow meters for an additional three-month period, NOW, THEREFORE, it is hereby agreed by and between the parties hereto that the amended agreement shall be further amended by making the following changes to certain exhibits in the amended agreement, to wit: In Exhibit A, on Page A-4 of the amended agreement, under Item C. of Phase 3 - System Flow Monitoring, add the following paragraph: "In addition to the furnishing, installing and maintaining sixteen (16) self -recording depth -of -flow meters for a maximum three-month period, furnish and maintain fifteen (15) self -recording depth -of -flow meters for an additional three-month period." -1- In Exhibit D, on Page D-2, add the following paragraphs: "In addition to the maximum amount chargeable for the actual costs of TWO HUNDRED SEVENTEEN THOUSAND, THREE HUNDRED NINETY-FOUR AND no/100 DOLLARS ($217,394.00) and the fixed fee of EIGHTEEN THOUSAND, EIGHT HUNDRED NINE AND no/100 DOLLARS ($18,809.00) set out in a previous paragraph for work on Phases 1 through 10, there shall be an additional fee for the additional work performed on Phase 3 set forth in this Third Amendment to Agreement. The City shall additionally compensate the Consultant for the work performed under this Third Amendment based on the actual costs incurred plus a fixed lump sum fee in accordance with EPA Form 5700-41 (2-76), attached to and made a part of this Third Amendment. The maximum amount chargeable for the work set forth in this Third Amendment for the actual costs is EIGHTEEN THOUSAND, SIX HUNDRED FIFTY-NINE AND no/100 DOLLARS ($18,659.00). The fixed fee for the work set forth in this Third Amendment is ONE THOUSAND, THREE HUNDRED FIFTY-SIX AND no/100 DOLLARS ($1,356.00). The said additional maximum chargeable for actual costs of EIGHTEEN THOUSAND, SIX HUNDRED FIFTY-NINE AND no/100 DOLLARS ($18,659.00) and the fixed fee of ONE THOUSAND, THREE HUNDRED FIFTY-SIX AND no/100 DOLLARS ($1,356.00) specifically relate to the additional work to be performed by the Consultant on Phase 3 - System Flow Monitoring described in this Third Amendment. The maximum amount chargeable under the amended agreement and this Third Amendment for the actual costs is TWO.HUNDRED THIRTY-SIX THOUSAND, FIFTY-THREE AND no/100 DOLLARS ($236,053.00). The fixed fee under the amended agreement and this Third Amendment is TWENTY THOUSAND, ONE HUNDRED SIXTY-FIVE AND no/100 DOLLARS ($20,165.00). Should the scope of work, as defined herein, change and should it be imminent that thereby the costs of performing this study shall exceed the above, a contract amendment must be negotiated and approved by grant amendment from the U.S. Environmental Protection Agency. The following Cost or Price Summary Format is attached hereto and made a part of this Third Amendment to Agreement of the parties hereto: Attachment No. 1 - EPA Form 5700-41 (2-76) for the additional work by Veenstra & Kimm on Phase 3. -2- The undersigned do hereby covenant and state that this Third Amendment is executed in duplicate as though each were an original and that there are no oral amendments that have not been reduced to writing in this instrument. It is further covenanted and stated that there are no other considerations or monies contingent upon or resulting from the execution of this Third Amendmeret nor have any of the above been implied by or for any party to this amendment. Accepted this f,14 day of 1977. FOR THE CITY: /FOR THV CONSULTANT 0"W'(AA� �- Mayor, City of Iowa City, Iowa amew/ mmm, rartner s — H. Robert Veenstra, Partner ATTEST: ATTEST: RECEIVED & APPROVED BZ. IE LEGAL DEPARTMENT 1146 v — e1;K — "? 7 ( -3- AMENDMENT TO : E TO INCLUDE ADDITIONAL FLOW TORING (Phase 3) Form Approrril 0,1111 Nn, I58.1?0114 EPA Por. 5700_32 (Rev. 1-761 PAGE I OF 14 1. State Clearinghouse Identifier APPLICATION FOR FEDERAL ASSISTANCE 750987 (FOR CONSTRUCTION PROGRAMS) 2, Applicant's Application No. PARTI C190830 01 3. Federal Grantor Agency 4. Applicant Name U.S.Environmental Protection Agency City of Iowa City, Iowa Organizational Unit Department Division Region VII Office N/A Administrative office Street Address— P. 0.Box Civic Center Region VII Office 410 East Washington Street Street Address — P. O. Box City County 1735 Baltimore - Room 249 Iowa City Johnson City Slate Zip Code State Zip Code Kansas City Missouri 64108 Iowa 52240 5. Descriptive Name of the Project Sewer System Evaluation Survey (Additional System Flow Monitoring -Phase 3) 6. Federal Catalog No. 7, Federal Funding Requested 66.015 Construction Grants for Treatment Works $ 15,100 8. Grantee Type ❑ STATE ❑ COUNTY [X CITY ❑ OTHER (,SprriJy) 8. Type of Application or Request ❑ NEW GRANT U0 CONTINUATION 0 SUPPLEMENT ❑ OTHER CHANGES (Sprryy) 10. Typo of Assistance 11. IS PROJECT IN A DESIGNATED FLOOD 14AZARD AREA? 0(7 GRANT ❑ LOAN ❑ OTHER (S'perifyJ IXIYES ❑NO 12. Population Directly Benefiting from the Project 14. Length of Project 48,925 3 additional months 13. Congressional District 15. Beginning Date a• First September 15, 1977 b. 16. Dale of Application ll1 el j , 3 , 1977 17. The applicant certifies that to the best of his knowledge and belief the data in this application are true and correct, and that he will comply with the attached assurances if he receives the grant. The applicant agrees that if a grant is awarded on the bas's of this applicatiGn or any revision or amendment thereof, it will comply with all applicable statutory provisions and with the applicable terms, conditions, and procedures of the Environment Prolniction Agency grant regulations 140 CFR Chapter 1, Subchapter Bl and of the grant agreement. Typed name j Title Neal G. rl�d City Manager Telephone Number Area Code Number Ext. Signature utl otized Refire t ve js— 319 354-1800 For Federal Use Only EPA Por. 5700_32 (Rev. 1-761 PAGE I OF 14 PART II PROJECT APPROVAL INFORMATION SECTION A Item 1. Does this assistance request require State, local, regional, or other priority rating? Yes No Item 2. Does this assistance request require State, or local advisory, educational or health clearances? Form APO rn ord OAIB No. 138-R0134 Iowa Department of Name of Governing Body Environmental Quality Priority Rating Iowa Department of Name of Agency or Environmental Quality _XYes—No (Attach Documentation) Item 3. Does this assistance request require clearinghouse review (Attach Comments) in accordance with OMB Circular A-95? Yes—No Item a. Johnson County Regional Does this assistance request require Slate, local, Name of Approving Agency Planning Commi SS1 on regional or other planning approval? Date —L—Yes—No Item 5. Is the proposed project covered by an approved Check one: State ❑ comprehensive plan? Local ❑ Regional ❑ Yes X No Location of plan _ Item 6. Will the assistance requested serve a Federal Name of Federal Installation installation? Federal Population benefiting from Project_ _Yes X No Item 7. Will the assistance requested be on Federal land Name of Federal Installation or installation? Location of Federal Land Percent of Project Yes X No Item B. Will the assistance requested have an impact or effect See instruction for additional information to be on the environment? provided.) _Yes X No Item 9. Number of: Has the project for which assistance is requested caused, Individuals since January 1, 1971, or will it cause, the. displacement Families of any individual, family, business, or farm? Businelses v Farms .Yes—No Item 10. Is there other related Federal assistance on this project previous, pending, or anticipated? X Yes—No See instructions for additional information to be provided. See EPA Records EPA Form 5700-32 (Rev. 1_76) PAGE 3 OF 14 Vn,nr Apprnr..d OAIU Nn. 15 8-8 01 34 INSTRUCTION PART II — SECTION B No change from original application 11. SITES AND IMPROVEMENTS: Not required,— Attached as exhibits Applicant intends to acquire the site through: Eminent domain, Negotiated purtjhase, Other means (specify) 12. TITLE OR OTHER INTEREST IN THE SITE IS OR WILL BE VESTED IN: Applicam, Agency or instituubn operating the facility, Other (specify 13. INDICATE WHETHER APPLICANT/OPERATOR HAS: Fee simple title, —__Leasehold interest, — Other (specify) 14. IF APPLICANT/OPERATOR HAS LEASEHOLD INTEREST„ GIVE THE FOLLOWING INFORMATION: a. Length of lease or other estate interest __ , and number of years to run__ b. Is lease renewable? Yes No c. Current appraised value of land $ d. Annual rental rate S 15. ATTACH AN OPINION FROM ACCEPTABLE TITLE COUNSEL DESCRIBING THE INTEREST APPLICANT OPERATOR HAS IN THE SITE AND CERTIFYING THAT THE ESTATE OR INTEREST IS LEGAL &VALID 16. WHERE APPLICABLE, ATTACH SITE SURVEY,SOIL INVESTIGATION REPORTS AND COPIES OF LAND APPRAISALS. 17. WHERE APPLICABLE, ATTACH CERTIFICATION FROM ARCHITECT ON THE FEASIBILITY OF IMPROVING EXISTING SITE TOPOGRAPHY, 18. ATTACH PLOT PLAN. 19. CONSTRUCTION SCHEDULE ESTIMATES:.Not require.(],_ Being prepared,_Attached as exhibits Percentage of completion of drawings and specifications at application date: Schematics % Preliminary % Final ----- 20. TARGET DATES FOR: Bid Advertisement Contract Award Construction Completion _-__ Occupancy .____ 21. DESCRIPTION OF FACILITY:_ ____Not Required__ Attached as exhibits Drawings — Attach any drawings which will assist in describinglthe project. Specifications — Attach copies of completed outline specifications. Of drawings and specifications have not been fully cormpleted, please attach copies or working drawings that have been completed.) NOTE: ITEMS ON THIS SHEET ARE SELF-EXPLANATORY; THEREFORE, NO INSTRUCTIONS ARE PROVIDED. EPA Form 5700_32 (Rev. 1_76) PAGE 5 OF 14 Perm Approcnl 0M170 No. 158-R0134 PART I It — BUDGET INFORMATION — CONSTRUCTION SECTION A— GENERAL 1. Federal Domestic Assistance Catalog No........... 66.015 2. Functional or Other Breakout ............................ SECTION B — CALCULATION OF FEDERAL GRANT Cost Classification Use only for revisions Total Amount Required Latest Approved Amount*)x Adjustment 1. Administration expense $ $ $ 2. Preliminary expense 313,800* 20,125 333,925 3. Land structures, rightof-way 4. Architectural engineering basic lees 5. Other architectural engineering fees 6. Project inspection fees 7. Land development 8. Relocation Expenses 9. Relocation payments to Individuals and Businesses 10. Demolition and removal 11. Construction and project improvement 12. Equipment i 13. Miscellaneous 14. Total (Lines I through 13) 313,800 20,125 333,925 15. Estimated Income (if applicable) 16. Net Project Amount (Line 14 minus 151 313,800 20,125 333,925 17. Less: Ineligible Exclusions 18. Add: Contingencies 19. Total Project Amt. (Excluding Rehabilitation Grants) 3-13,800 20,125 333,925 20. Federal Share requested of Line 19 235,350 15,100 21. Add Rehabilitation Grants Requested (r00 Percent) 22. Total Federal grant requested (Line20&21) 235,350 15,100 250,450 23. Grantee share 62,7 0 4,000 66,750 24. Other shares 5% State Grant 15,7100 1,025 16,725 25. Total project (Lines 22, 23&24) $ 313,800 $ 20,125 $ 333,925 *Per Grant Amendment dated 6/20/77 EPA Form 5700-32 (Rev. 1-76) PAGE 6 OF 14 Pnnn Appmvrd 0A1B No. 158 80134 EPA Form 5700-32 (Rev. 1_76) PART IV PROGRAM NARRATIVE (Attach — See Instructions) PAGE 8 OF 14 SECTION C— EXCLUSIONS 26 Classification Ineligible for Participation Ill Excluded from Contingency Provision (2) a. $ $ b. C. d. e. I. 9• Totals $ S SECTION D — PROPOSED METHOD OF FINANCING NON-FEDERAL SHARE 27. Grantee Share $ 4,000 a. Securities b Mortgages c. Appropriations (By Applicant) 4,000 d. Bonds e. Tax Levies f. Non Cash g. Other (Explain) h. TOTAL — Grantee share 4,000 28. Other Shares a. State 1 ,025 b. Other e. Total Other Shares 29. TOTAL 5 5,025 SECTION E — REMARKS Scope of additional work under Phase 3 - System Flow Monitoring is described in Third Amendment to Agreement. EPA Form 5700-32 (Rev. 1_76) PART IV PROGRAM NARRATIVE (Attach — See Instructions) PAGE 8 OF 14 .COST OR PRICE'SUMMARY FOI,,.,...' FOR SUBAGREEIAE[irs UNDER U.S. GRANTro (See accompanying in.c(ruc(iOlm before cnnyr/ing this loran) 111 No. ,f:i8 FHi•11 PART I•G':14ERAL I. GRANTEE 2. GRANT IIUTAt1ER _--------- CITY OF IOWA CITY, IOWA C190830 Ol 3. NAME OF CONTRACTOR OR SUBCONTRACTOR 0. DATE OF PROPOSAL VEENSTRA & KIMM, Engineers & Planners August 10, 1977 6, ADDRESS OF CONTRACTOR OR SUBC014TRACTOR (Include ZIP code) 6. TYPE OF SERVICE TO BE FURNIS14ED 300 West Bank Building Sewer System Evaluation Survey 1601 22nd Street Additional Flow Monitoring West Des Moines, Iowa 50265 Phase 3 - System Flow Monitoring PART 11 -COST SUMMARY _ EST'- I HOURLY ESTIMATED 7. DIRECT LABOR (Speclly le6or cola porton) MATED nn TE r COST 11) (/•(-S HOURS A DIRECT LABOR TOTAL: !. INDIRECT COSTS (Sp -06- Indlrec! cnnr pools) RATE INDIRECT COSTS TOTAL: e BASE = I ESTIMATED COST 9. OTHER DIRECT COSTS nESTIMATED ..TRAVEL COST 7 l (2) PER D.CM 26 days @ 30.00 g 7F3QQ0_� I TflA VEL SUBTOTA L: ii41�`P,• (`,r;_r •j1- AA ti3 4 .00 1' b, EQUIPMENT, MATERIALS, SUPPLIES (Spnrlly enropnrlee) OTV , .� COST ESTIMATED COST 0.1 OTHER DIRECT COSTS TOTAL: 10. TOTAL ESTIMATED COST I•xxuoxxx FIXED FEE 12. TOTAL PRICE E FA Form 5700-41 (2-76) _18 04.00- 59.00 _f u-' 00- r•A,; I: 1 0F 5 b S f� I EQUIPMENT SUBTOTAL: c.SUBCONTRACTS ESTIMATED COST S _I SUBCONTRACTS SUBTOTAL: ': —T ''S n d. OTHER (Speclly rv,f pnrleA ) ESTIMATED COST I, Flow Meter Rental - 15 meterss to_r three months _ b @ $240/meter/month 10.800.00 OTHER SUBTOTAL: I LIZ .,• `S ;;1': ,?S 0.1 OTHER DIRECT COSTS TOTAL: 10. TOTAL ESTIMATED COST I•xxuoxxx FIXED FEE 12. TOTAL PRICE E FA Form 5700-41 (2-76) _18 04.00- 59.00 _f u-' 00- r•A,; I: 1 0F 5 I..,n„,py•Iq, ad _ . .. om'. ria. re-nnle.l PART III -PRILP SUMMARY ' 13 COMPETITOR'S CATALOG LISTINGS. III -HOUSE E.TINATr5, PRIOR OUOTES NAr1KET Pr-t-ISO%pU (ladle ala 4nc/n Ia. PNco con�pmlmn) PnIC CIL r I I rA;S�k�,i R5tt1iiFlryltri, ty Ir$ t'4!__— ,t 5. A 3...75 7,77,.--tra$r^�.i"�r�71:•-^�I,t:..l�; •. .. j.>, `d"1.1�(t cc. 5�4 �w� rif T__ ' PART W -CERTIFICATIONS 14. CONTRACTOP VFFNSTRA R Y.jM4 __ IAe. HAS A FEDERAL AGENCY On A FEDERALLY CEn'rIFIED STATE On LOCAL AGENCY RFItrO nMCD ANY r1E VICw Or vgnR ACCOUNTS OR RECORDS IN CONNECTION WITH ANY OTHER FEDERAL GRANT OR CONTRACT WITHIN THE RAST TwFLVE MONTI151 rl YE! Q NO (it "Yee•' give name addrave and telephone number of ryvlewing office) Defense Contract Audit Agency Omaha, Nebraska 1-402-221-3080 I ab ,T 1115 SUMMARY CONFORMS WITH THE FOLLOWING COST PRINCIPLES 41 CFR 1-15_4_ This proposal is submilled for are in conueclion with and in responaa to (I)_ a request from the City Of _Iowa City, Iowathis is to codify to the be,I of my kaowiLIlgo Rud belie( that the cost and pllring data summarizer) herein me complete, cu.renl, 111111 accurate as OF and that a financial Rmnar.emenl capability exists UI fully anr' a-cp- ralrlyaccoi1W lorlhe financicl. transartions un4er this project. I further cettify that I underslaltd Ihat the suba[:rcemrnt price may be subject to downward renegolicdion and/or 1eroepment where rhe . Iw:r I'oe,l ;•rd pricing data b:rve been determined, as a result of nudit n le, curve and acc•nale rs of The date above. (3) August 10, 1977 K DATE Or' CYLCUTIOII i5 I Partner, Veenstra & Kimm ____ TITLE OF Pn Or•csrn it. GrANTrC Rr41C%.Cr. -- �- I certify that 1 have reviewed the cost/plice summary set forth her a the proposed ice app ar acr:eplable for subngreemenl award. DATE OF EXECUTION loorSIGNATURE OF II CYI LY'En Neal G. Berlin, City Manager I TITLL OF HCYICWCn 16. EPA REVIEWITII (If r,lp Ncnble) ' DATE OF LXECU TIJN SIGPIATU14L OF REVIEWEn ---- TITLr OF nCv1rwrn -- EPA Form 5700.11 (2-76) PALL 2 OF 5 "P. ;/ .(r RESOLUTION N0. 77-338 RESOLUTION AUTHORIZING EXECUTION OF CONTRACT WHEREAS, the City of Iowa City, Iowa, has negotiated a contract with Johnson County S,E.A.T.S. , a copy of said contract being attached to this Resolution and by this reference made a part hereof, and WHEREAS, the City Council deems it in the public interest to enter into said contract to provide specialized transportation services to met the needs of the elderly and handicapped. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL: 1. That the Mayor and City Clerk are hereby authorized and directed to execute the Agreement with Johnson County S.E.A.T.S. 2. That the City Clerk shall furnish copies of said Agreement to any citizen requesting same. It was moved by Perret and seconded by Foster the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X BALMER X dePROSSE X FOSTER X NEUHAUSER �- PERRET SELZER X VEVERA Passed and approved this 23rd day of August 1977. 0" u1. cQC pwo�JiLe� Mayer Pro tem ATTEST: �CG�J City Clerk R2r-:i-iod 8 Ap; oved dTh Lcgal Dapartmant r'J"j 3- -"? - 11 X/RS AGREEMENT FOR TRANSIT SERVICES This agreement is entered into by and between Johnson County, Iowa, and the City of Iowa City, Iowa, both municipal corporations. Whereas, the City of Iowa City wishes to provide its residents with special elderly and handicapped transit services; and Whereas, Johnson County, pursuant to its general powers, has in operation a special elderly and handicapped transit service for the unincorporated portions of Johnson County, Iowa; and Whereas, Chapter 28E of the Code of Iowa provides, in substance, that any power exercisable by a public agency of this state may be exercised jointly with any other public agency of this state having such power; and Whereas the parties to this agreement desire to implement a Proposal for Iowa City-Coralville Urban Area Elderly and Handicapped Transportation Service, dated August, 1977, prepared by the staff of the Johnson County Regional Planning Commission, which proposal is attached hereto as Exhibit "A" and by this reference made a part hereof; Now, therefore, be it agreed by and between Johnson County, Iowa, and the City of Iowa City, Iowa, as follows: 1. The original term of this agreement shall commence September 1, 1977, and continue for ten months through and including June 30, 1978. 494 -2- 2. Johnson County will administer the program by extending its special elderly and handicapped transporta- tion service, known and referred to as S.E.A.T.S., into the corporate limits of the City of Iowa City. This service shall be available to persons over 60 years of age and accompanying spouses, and to persons with ambulatory, manual, visual, audial or mental impairments which seriously limit their ability to obtain adequate transportation and accompanying spouses. 3. Johnson County agrees that operation of the program will be in full conformity with any and all rules and regulations established by the Iowa Department of Transportation for such elderly and handicapped transit service programs. 4. The parties agree that the following service pro- visions shall apply: A. The County shall have available the equivalent of one vehicle within the Iowa City corporate limits for approximately 67 hours per week; actual hours of operation shall be set by Johnson County through its Board of Supervisors to maximize responsiveness to demand and productivity. B. The County shall make service available 7 days per week except for county holidays established by the Board of Supervisors. X97 -3- C. The County shall charge and retain a 50¢ one- way fare to defray operating costs for the next year; in the event this agreement is not renewed for future years, Johnson County will pay all accrued fares to the City of Iowa City. D. The service shall be subject, in all other respects, to operating policies and procedures as may from time to time be established by the Johnson County Board of Supervisors. No policy or procedure substantially at variance with the Proposal shall be established without the approval of the City of Iowa City. 5. All management and administration will be vested with the Johnson County Board of Supervisors and the Board shall see to the payment of all costs incurred as a result of this program. 6. In consideration of the County's agreement to provide special elderly and handicapped transit service as herein provided, the City of Iowa City agrees to pay to Johnson County the sum of $27,827.22 for the ten month period covered by this contract. Payments shall be made upon receipt of funds from the Iowa Department of Transportation. In addition, the City of Iowa City agrees to provide Johnson County with one vehicle suitable for elderly and /_ 99 handicapped transit services. Title to this vehicle shall be transferred to Johnson County. Acquisition of the aforesaid vehicle by the City of Iowa City shall be accomplished only following approval by Johnson County of specifications for the vehicle to be so provided, which approval shall not be unreasonably withheld. In the event this agreement is not renewed for future years, Johnson County will re -convey title to the vehicle to the City of Iowa City. 7. It is further understood and agreed that the vehicle to be provided by Iowa City will become part of one operating system and that the vehicle so provided and owned by Johnson County will, at the county's discretion, also be utilized for special elderly and handicapped transit services in other parts of ,Johnson County as part of an integrated and fully coordinated county -wide service. 8. This agreement is renewable for future one year terms provided the City of Iowa City has, at least 90 days prior to the expiration of the current year, provided Johnson County with notice of its desire to renew the agreement and further provided that Johnson County has not, more than 90 days prior to expiration of the current term, notified the City of Iowa City that it does not wish said agreement to be renewed. In the event of renewal, this contract will remain in full -5 - force and effect as to all terms hereof except for the amount of financial consideration to be paid hereunder. The financial consideration for any renewal term shall be subject to negotiation by and between the parties which negotiation must be concluded not less than 90 days before July 1 of each and every year hereafter. 9. This agreement shall be filed with the Secretary of the State of Iowa and the County Recorder of Johnson County, Iowa. Dated this aj jj day of 1977. CITY OF IOWA CITY, IOWA JOHNSON COUNTY, IOWA BY: BY:- Carol Y: Carol W. deProsse Lorada E. Cile , Chairman Mayor Pro Tem Board of Supervisors Attest: i�� City clerk Attest: - �:,,/� �:,,<;.�,/,�_tr,• _fit �,.�„ County Aud'ito ✓ �� 4 Q A /&V RESOLUTION NO. 77-339 RESOLUTION APPROVING CLASS C LIQUOR CONTROL LICENSE APPLiL'%ITTM BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Liquor Control"License application is hereby approved7or the following named person or persons at the following described location: Highlander, Inc. dba/The Highlander Inn & Supper Club Route 2, Said approval shall be subject to any conditions ( or re- strictions hereafter imposed by ordinance or State law. The City Clerk shall cause a recommendation for approval to he endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond, sketch of the premises and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by Foster and seconded by Perret that the Resolution rao regia e I badopted, and upon roca there were: AYES: NAYS: ABSENT: Balmer x deProsse x Foster x Neuhauser x Perret x Selzer x Vevera x Passed and approved thio 30th day of August 19 77 RESOLUTION NO. 77-340 UTION OF APPROV C BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Liquor Sunday Sales Permit application is hereby approved or die ollowing named person or persons at the following described location: Highlander, Inc. dba/The Highlander Inn & Supper Club, Route 2 Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance of state law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the licence fee, bond, and all other information or docu- ments required to the Iowa Beer and Liquor Control Department. It was moved by Foster and seconded by Perret that the Resolution as read e a op e , and upon roll call there were: AYES: Balmer x deProsse x Foster x Neuhauser x Perret x NAYS: ABSENT: Selzer x Vevera x Passed this 30th day of huy Ua� 19 77 b"' L13 RESOLUTION NO. 77-341 RESOLUTION APPROVING CLASS C LIQUOR CONTROL LICENSE APPLfL']4TTM BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Liquor Control License application is hereby approveFTor the following named person or persona at the following described location: I.C.B.B., Ltd. dba/The Brown Bottle, 114 South Clinton Said approval shall be subject to any conditions ror re- strictions hereafter imposed by ordinance or State law. The City Clerk shall cause a recommendation For approval to he endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond, sketch of the premises and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by Foster and seconded by Perret that the Resolution as read-"Se—adopted, and upon ro7 ca there were: Balmer deProsse Foster Neuhauser Perret Selzer Vevera Passed and approved this AYES: NAYS: ABSENT: x x x x x x x 30th day of August , 19 77 �y� RESOLUTION NO. 77-342 OF APPROVAL OF CLASS C Liquor BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class Sunday Sales Permit application is hereby approved or a ollowing named person or persons at the following described location: I.C.B.B., Ltd. dba/The Brown Bottle, 114 South Clinton Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance of state law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, bond, and all other information or docu- ments required to the Iowa Beer and Liquor Control Department. It was moved by Foster and seconded by Perret that the Resolution as read Be a op e , and upon roll call there were: AYES: NAYS: ABSENT: Balmer x deProsse x Foster x Neuhauser x Perret x Selzer x Vevera x Passed this 30th flay of August i9 77 RESOLUTION NO. 77-343 RESOLUTION TO REFUND BEER PERMIT WHEREAS, Silver Ball, Ltd. at 529 South Gilbert has surrendered beer permit No. 1414 expiring 2/10/78 and requests a refund on the unused portion thereof, now therefore, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that said beer permit be and the same is hereby cancelled, and BE IT FURTHER RESOLVED that the Mayor and City Clerk be and they are hereby authorized and directed to draw a warrant on the General Fund in the amount of $ 75.00 payable to Silver Ball, Ltd, for refund of beer permit No. 1414 It was moved by Foster and seconded by Perret that the resolution as read be adopted, and upon roll call there were: Passed this 30th day of August 19 77 . AYES: NAYS: ABSENT: Balmer X deProsse X Foster X Neuhauser X Perret X Selzer X Vevera X Passed this 30th day of August 19 77 . RESOLUTION NO. 77-344 RESOLUTION TO ISSUE CIGARETTE PERMITS WHEREAS, the following firma and parsons have made application, filed the bond, and paid the mulct tax required by law for the sale of cigarettes and cigarette papers; therefore, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the applications be granted and the cigarette bond now on file in the office of the City Clerk be and the same are hereby approved, and the City Clark be and he is hereby directed to issue a permit to @all cigarette papers and cigarettes to the following named persons and firms: Grand Daddy's, 505 E. Burlington Senor Pablos, 830 First Ave. Ogden Food Service dba/U. of Iowa Stadium and Fieldhouse It was moved by Foster and seconded by Perret that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Balmer X deProsse X Foster X Neuhauser X Perret X Selzer X Vevera X Passed this 30th day of August 19 77 . 6 A� WHEREAS, RESOLUTION N0. 77-340 RESOLUTION TO REFUND CIGARETTE PERMIT Silver Ball, Ltd. at 529 S. Gilbert St. in Iowa City, Iowa, has surrendered cigarette permit No. 78-130 , expiring June 30 , 19 78 , and requests a refund on the unused portion thereof, now therefore, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that cigarette permit No. 78-130 , iaeued to Silver Ball, Ltd. be cancelled, and BE IT FURTHER RESOLVED that the Mayor and City Clerk be and they are hereby authorized and directed to draw a warrant on the General Fund in the amount of $ 75.00 , payable to Silver Ball, Ltd. as a refund on cigarette permit No. 78-130 . It was moved by Foster and seconded by perret that the Resolution so read be adopted, and upon roll call there were: AXES:DAYS: ABSENT: Balmer X deProsse X Foster X Neuhauser X Perret X Selzer X Vevera x Passed this 30th day of August 19 77 RESOLUTION NO. 77-346 RESOLUTION TO ISSUE DANCING PERMIT BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Dancing Permit as provided by law is hereby granted to the following named person and at the following described locations upon his filing an application, having endorsed thereon the certificates of the proper city officials as to having complied with all regulations and ordinances, and having a valid Class "B" Beer Permit, to wit: Marquette Club, Knights of Columbus Bldg. Assoc., 328 East Washington It was moved by Foster and seconded by Perret that the Resolution as reg be a opted, and upon rol call there were: AYES: NAYS: ABSENT: Balmer x deProsse x Foster x Neuhauser x Perret x Selzer Vevera x 9 Passed and approved this 30th'day of August 197 77 . 6y� RESOLUTION NO. 77-347 RESOLUTION TO ISSUE DANCING PERMIT BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Dancing Permit as provided by law is hereby granted to the following named person and at the following described locations upon his filing an application, having endorsed thereon the certificates of the proper city officials as to having complied with all regulations and ordinances, and having a valid Class "B" Beer Permit, to wit: Highlander, Inc. dba/ The Highlander Inn & Supper Club Route 2 It was moved by Fosterand seconded by Perret that the Resolution as read e a opted, and upon roll call t ere were: AYES: NAYS: ABSENT: Balmer x deProsse x Foster x Neuhauser x Perret x Selzer x Vevera x Passed and approved this 30th day of August 197 7 . RESOLUTION NO. 77-348 RESOLUTION APPROVING FINAL PLAT OF HAWKEYE HEIGHTS WHEREAS, Merrell M. Johnson and Edna R. Johnson, husband and wife, of Johnson County, Iowa, have filed with the Clerk of the City of Iowa City, a Plat and a Subdivision of the following described property located in Johnson County, Iowa, to -wit: Commencing at the Southeast corner of the SW 1/4, NW 1/4 of Section 17, T79N, R6W of the 5th Principal Meridian; Thence N0013'31"W, 1875.00 feet on the center- line of Mormon Trek Boulevard; Thence west 40.00 feet to the Point of Beginning; Thence West 482.44 feet; Thence NOo13'31"W, 307.96 feet; Thence N89o46'29"E, 482.44 feet to a point 40.00 feet normally distant from the centerline of Mormon Trek Boulevard; Thence S0013'31"E, 309.86 feet to the Point of Beginning. Said tract of land containing 3.42 acres. WHEREAS, the above described property is owned by the above named persons and dedications have been made with their free consent and in accordance with their desires and has been desig- nated by them as "Hawkeye Heights" of Iowa City, Iowa, and WHEREAS, said Plat and Subdivision have been examined by the Planning and Zoning Commission of Iowa City, Iowa, and the Commission has recommended that the same be accepted and approved, and WHEREAS, said Plat and Subdivision is hereby determined to be in accordance with provisions of Chapter 409 of the 1977 Code of Iowa, and all other statutory requirements, IT IS THEREFORE RESOLVED by the City Council of Iowa City, Iowa that said Plat and Subdivision be and they hereby are approved and the dedications are hereby accepted and the Mayor and the City Clerk of Iowa City, Iowa, are hereby authorized and directed to certify copies of this Resolution to the County Recorder of Johnson County, Iowa. y__ 8y _ �/' . 'J X10 n',+,n Res. #77-348 Page 2 The foregoing resolution was moved by Balmer and seconded by Foster at a duly convened meeting of the City Council of Iowa City, Iowa, held at the Civic Center, Iowa City, Iowa on the 30th day of August , 1977, commencing at 7:30 P.M. Upon roll call, the following vote was taken: BALMER dePROSSE FOSTER NEUHAUSER PERRET SELZER VEVERA Aye x Nay Absent Aye x Nay Absent Aye x Nay Absent Aye x Nay Absent Aye x Nay _ Absent Aye Nay Absent x Aye x Nay — Absent _ The foregoing is hereby duly certified by Vicki J. Brei, Deputy City Clerk of Iowa City, as a true and exact copy of a resolution of the City Council of Iowa City, Iowa, made at a regular meeting held on the 30th day of August , 1977 Vicki J. Brei, Deputy City Clerk of the City of Iowa City Passed and approved this 30th day of August , 1977. ATTEST: City Clerk RESOLUTION NO. 77-349 RESOLUTION AUTHORIZING CITY MANAGER TO EXERCISE OPTION TO PURCHASE A TRACT OF LAND KNOWN AS THE SHOWERS PROPERTY WHEREAS, the City holds an option to purchase a tract of land known as the Showers property, which tract, since the drafting of the option, has been surveyed and is now described as follows; Commencing at the Northwest Corner of the Southwest Quarter of Section 22, Township 79 North, Range 6 West of the 5th Principal Meridian; Thence S87o51'55"W, 330.06 feet, along the North line of said Southwest Quarter to a point on the westerly Right -of -Way line of Sand Road (also known as the Iowa City to Burlington road), which point is also the Point of Beginning; Thence S30005'42"E 611.13 feet on said westerly Right -of -Way line; Thence south- easterly 464.01 feet on a 5697 foot radius curve, concave southwesterly whose 463.93 foot chord bears S27045'42"E; Thence S25025'42"E, 266.51 feet on said Right -of -Way line; Thence S59017'41"W, 201.90 feet; Thence N25020'32"W, 275.31 feet; Thence S62001'16"W, 606.01 feet to the easterly bank of the Iowa River; Thence northwesterly along said river bank the following courses; N19038'15"W, 448.14 feet; Thence N1600O V "W, 620,49 feet; Thence N16o13'06"W, 167.51 feet; Thence N5023"04"W, 118,48 feet to a point where the northerly line of said southwest quarter crosses said river bank; Thence N87051"55"E, 62.44 feet along said northerly line; Thence N15008'05"W, 266.23 feet; Thence N5051'55"E, 462.72 feet; Thence N87051'55"E, 158.01 feet to the westerly Right -of -Way line of said Sand Road; Thence southeasterly 208.09 feet on a 669.60 foot radius curve concave southeasterly whose 207.26 foot chord bears S21011'31"E; Thence S30005'42"E, 590.67 feet to the point of Beginning. Said tract of land containing 26,27 acres and, WHEREAS, the Council deems it to be in the public interest to acquire this property for park and recreational purposes. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the City Manager is hereby authorized and directed to exercise the City's option to purchase the Showers property, 2. That the Mayor is authorized to sign, and the City Clerk to attest, this resolution. It was moved by deProsse and seconded by Perret , that the Reso ution as read be adopted, and upon roll call there were; Res. No. i 19 -2- AYES: NAYS: ABSENT: x Balmer x deProsse x Foster x Neuhauser x Perret x Selzer x Vevera Passed and approved this -30th day of August Mayor ATTEST:_ 0-4c. o. ,S&fe ity Clerk 1977. RECEIVED & APPHG7ED 3 TEEI LEGAL DEPARTMENT 70.E RESOLUTION NO. 77-350 RESOLUTION ACCEPTING PRELIMINARY PLAT' OF BDI, 2ND ADDITION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the approval of the preliminary plat for BDI, 2nd Add. granted with the following conditions: 1. That requirements for sidewalks be waived. 2. That an agreement be submitted indicating that no development of Lot 5 shall be permitted until such time as either a resubdivision or an LSNRD plan has been submitted for Lot 5. 3. That a waiver be granted in the installation of the public improvements for Lot 5 at this time. i It was moved by Balmer and seconded by Foster that the resolution as read be adopted and upon roll call there were: AYES: NAYS: ABSENT: x BAI MFR x dePROSE x FOSTER x NFUNAUSER x PERRET x SELZER x VEVERA x Passed and approved this 30th ATTEST: yocLi �• B2a/ CITY— CLEAR — day of August 1 1977, RESOLUTION NO. 77-351 RESOLUTION AUTHORIZING E)M=ION OF AGREEMENTS FOR OVERWIDTH PAVING WHEREAS, the City of Iowa City, Iowa, has negotiated agreements with Plum Grove Acres Inc. , copies of said a ree�me t being atta to is Reno ution and by this reference made a part hereof, and, WHEREAS, the City Council deans it in the public interest to enter into said agreements for overwidth paving for the following: Court Hill -Scott Boulevard Part 6 $8,500 Court Hill -Scott Boulevard, Part 5 6,000 Court Hill -Scott Boulevard Part 3 4,600__ NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL: 1. That the Mayor and City Clerk are hereby authorized arra directed to execute the agreements with Plum Grove Acres Inc. 2. That the City Clerk shall furnish copies of said agreements to any citizen requesting same. It was moved by Balmer and seconded by Foster the Resolution be adapted, and upon roll call there were: AYES.: NAYS: ABSENT: X BALMER X dePROSSE X FOSTER X NEUHAUSER X PERRET _ X SELZER X VEVERA Passed and approved this 30th day of August , 1977. -MAA ,- Mayor ATTEST: �.��f �1. %anse: City Clerk —T Received a f,pproved By The Le al Daparimant n�� - 7m� A G R E E M E N T WHEREAS, Plum Grove Acres, Inc, is the Developer of the Court Hill—Scott Boulevard Part 6 subdivision, an Addition to the City of Iowa City, Iowa, according to the recorded Plat thereof, and WHEREAS, the City Council and the Planning & Zoning Commission of Iowa City, Iowa, have required, as a condition of the approval of said subdivision, that the Developer shall improve Amhurst Street by paving said streets 36 feet wide, back-to-back of the curb, respectively, and WHEREAS, the City of Iowa City has agreed to reimburse the Developer for the cost of said improvement which is in excess of 28 feet in width and said cost has been determined to be less than Ten Thousand Dollars ($10,000), and that no bids are required, pursuant to Chapter 384 of the Code of Iowa, and the City of Iowa City has determined that the cost of _$69.85 per square yard, but not to exceed eight thousand five hundred and no/100 dollars ($ 8,500.00 ) is a fair and reasonable price for the cost of the additional pavement required. IT IS THEREFORE AGREED, by and between the parties as follows: 1. That the Developer shall contract for the paving of said street and shall be responsible for seeing that it is paved, pursuant to the Ordinance, rules, regulations and specifications of the City of Iowa City, Iowa. 2. That upon completion of the paving improvement and the acceptance of the work and the street by the City of Iowa City, that the City of Iowa City shall pay to the Developer, the sum of A9.85 pLrgqu^ra y^rd h t n t to ®xcasd eigl# th^'L-^d ve hundred and no/100 dolaarfull payment for its share of the improvement in excess of the width of 28 feet. 3. It is understood and agreed by and between the parties that nothing herein contained, nor shall the entering into of this agreement by the City of Iowa City be deemed to constitute in any way a waiver of any of the Ordinances, rules, regulations or specifications of the City of Iowa City, and the Developer hereby agrees to comply with all Ordinances, rules, regulations and specifications of the City of Iowa City, and all of the laws of the State of Iowa. Dated at Iowa City, Iowa, thisL day of August A.D., 1977 CITY OF IOWA CITY, IOWA Plum Grove Acres, Inc. Mayor Prgsident Bruce R. Glasg w l!� Attest: ?% 0:i 2. Z2 O�1 By: City Clerk Secretary Recaived & Approved By The Legal Dapartmznt A G R E E M E N T WHEREAS, plum Grove Acres Inc is the Developer of the Court Hill—Scott Boulevard part 5 subdivision, an Addition to the City of Iowa City, Iowa, according to the recorded Plat thereof, and WHEREAS, the City Council and the Planning & Zoning Commission of Iowa City, Iowa, have required, as a condition of the approval of said subdivision, that the Developer shall improve Washington street & Amhurst St. by paving said streets 36 feet wide, back-to-back of the curb, respectively, and WHEREAS, the City of Iowa City has agreed to reimburse the Developer for the cost of said improvement which is in excess of 28 feet in width and said cost has been determined to be less than Ten Thousand Dollars ($10,000), and that no bids are required, pursuant to Chapter 384 of the Code of Iowa, and the City of Iowa City has determined that the cost of $9.85 per square yard but not to exceed six thousand and no/100 dollars ($ 6,000.00 ) is a fair and reasonable price for the cost of the additional pavement required. IT IS THEREFORE AGREED, by and between the parties as follows: 1. That the Developer shall contract for the paving of said street and shall be responsible for seeing that it is paved, pursuant to the Ordinance, rules, regulations and specifications of the City of Iowa City, Iowa. 2. That upon completion of the paving improvement and the acceptance of the work and the street by the City of Iowa City, that the City of Iowa City shall pay to the Developer, the sum of $9.85 per square yard, but not to exceed six thousand and no/100 dollara5 full payment for its share of the improvement in excess of the width of 28 feet. 3. It is understood and agreed by and between the parties that nothing herein contained, nor shall the entering into of this agreement by the City of Iowa City be deemed to constitute in any way a waiver of any of the Ordinances, rules, regulations or specifications of the City of Iowa City, and the Developer hereby agrees to comply with all Ordinances, rules, regulations and specifications of the City of Iowa City, and all of the laws of the State of Iowa. Dated at Iowa City, Iowa, this 36 rpt day of August , A.D., 1977- CITY 9v7. CITY OF IOWA CITY, IOWA By: By Mayor Plum Grove Acres, Inc, 4z— &&' ,. Pr sident Bruce R. Glasgow Attest: Szb� By: City Clerk Secretary Recaivod R Approved By Th= Lag I 13.apartm-nt 707 A G R E E M E N T WHEREAS, plum Grove Acres. Inc. is the Developer of the Court Hill—Scott Boulevard Part 3 subdivision, an Addition to the City of Iowa City, Iowa, according to the recorded Plat thereof, and WHEREAS, the City Council and the Planning & Zoning Commission of Iowa City, Iowa, have required, as a condition of the approval of said subdivision, that the Developer shall improve Washington St. & Raven Street by paving said streets 36 feet wide, back-to-back of the curb, respectively, and WHEREAS, the City of Iowa City has agreed to reimburse the Developer for the cost of said improvement which is in excess of 28 feet in width and said cost has been determined to be less than Ten Thousand Dollars ($10,000), and that no bids are required, pursuant to Chapter 384 of the Code of Iowa, and the City of Iowa City has determined that the cost of $9.85 per square yard but not to exceed four thousand six hundred and no/100 dollars ($ 4,600.00 ) is a fair and reasonable price for the cost of the additional pavement required. IT IS THEREFORE AGREED, by and between the parties as follows: 1. That the Developer shall contract for the paving of said street and shall be responsible for seeing that it is paved, pursuant to the Ordinance, rules, regulations and specifications of the City of Iowa City, Iowa. 2. That upon completion of the paving improvement and the acceptance of the work and the street by the City of Iowa City, that the City of Iowa City shall pay to the Developer, the sum of 99.85 per _a,arpyardhilt not to evrRRH four thousand six ,ndred and no/100 dollarsas full payment for its share of the improvement in excess of the width of 28 feet. 3. It is understood and agreed by and between-the.parties that nothing herein contained, nor shall the entering into of this agreement by the City of Iowa City be deemed to constitute in any way a waiver of any of the Ordinances, rules, regulations or specifications of the City of Iowa City,,and the Developer hereby agrees to comply with all Ordinances, rules, regulations and specifications of the City of Iowa City, and all of the laws of the State of Iowa. Dated at Iowa City, Iowa, this 30Z1u day of August , A.D., 19=_. CITY OF IOWA CITY, IOWA By: Mayor ayor v Attest: City Clerk Plum Grove Rcres, Inc. By: By: Secretary Bruce R. Glasgow Received & Approved By Th, Legal D-pa•t_ -n" RESOLOTION NO. 77-352 RESOLUTION ACCEPTING SANITARY SEWER & PAVING IN ORCHARD COURT SUBDIVISION WHEREAS, the Engineering Departnent has certified that the following improvenents have been completed in accordance with plans and specifications of the City of Iowa City, Sanitary sewer for Orchard Court Subdivision as constructed by Nielsen Construction Company of Coralville, Iowa. Concrete paving for Orchard Court Subdivision as constructed by Metro Pavers, Inc., of Iowa City, Iowa. Nielson Construction Co. AND WHEREAS, Maintenance Bonds for & Metro Pavers, Inc. are on file in the City Clerk's Office, NOW THEREFORE BE IT RESOLVED by the City Council of Iowa City, Iowa, that said improvenwnts be accepted by the City of Iowa City. It was moved by Balmer arra seconded by Foster that the Resolution as read be accepted, arra upon roll call there were: Passed and approved this 30th day of August , 1977 . I VW ATTEST:T; Cit City C1 c Rsc�,ivsd & Apprcry-)u By The Leg Dap{rfmjnf 70j AYES: NAYS: ABSE r: BALMER x dePROSSE x FOSTER x NEUHAUSER x PERRET x SELZER x VEVERA x Passed and approved this 30th day of August , 1977 . I VW ATTEST:T; Cit City C1 c Rsc�,ivsd & Apprcry-)u By The Leg Dap{rfmjnf 70j RESOLUTION N0. 77-353 RESOLUTION AUTHORIZING EXECUTION OF CONTRACT WITH VEENSTRA & KIMM WHEREAS, the City of Iowa City, Iowa, has negotiated a contract with Veenstra & Kimm of West Des Moines, IA , a copy of said contract being attached to this Resolution and by this reference made a part hereof, and WHEREAS, the City Council deems it in the public interest to enter into said contract for design services for the River Corridor Trunk Sewer NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL: 1. That the Mayor and City Clerk are hereby authorized and directed to execute the Agreement with Veenstra & Kimm of West Des Moines. IA 2. That the City Clerk shall furnish copies of said Agreement to any citizen requesting same. It was moved by and seconded by the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X BALMER X dePROSSE X FOSTER X NEUHAUSER X PERRET x SELZER X VEVERA Passed and approved this day of ATTEST: ?/uEi City Clue iia . 1 R (i .� 1977. Rarived & Approved Ey Thi Legal Department 7/D AGREEMENT This Agreement, made and entered into this ,'dt day of i , 1977, by and between the City of Iowa City, a municipal corporation, ereinafter referred to as the City, and Veenstra & Kimm Engineers and Planners of West Des Moines, Iowa, hereinafter referred to as the Consultant. NOW, THEREFORE, it is hereby agreed by and between the parties hereto that the City does retain and employ the said Consultant to act for and represent it in all matters involved in the terms of this Agreement. Such contract of employment to be subject to the following terms and conditions and stipulations, to wit: Consultant shall not commit any of the following employment practices and agrees to prohibit the following practices in any subcontracts: a. To discharge from employment or refuse to hire any individual because of their race, color, religion, sex, creed, age, disability, marital status, sexual orientation, or national origin. b. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, color, religion, sex, creed, age, disability, marital status, sexual orientation, or national origin. I. SCOPE OF SERVICES This Agreement provides for the redesign, rerouting and modifications, as necessary, of the east -west river corridor relief trunk sewers designed by Veenstra & Kimm with completed plans and specifications dated April 28, 1971. The specific parameters of the scope of services include the following elements: A. Upon completion of an interim report for the Sewer System Evaluation Survey (SSES) currently being conducted by Veenstra & Kimm, the Consultant will have a definite recommendation as to how much excess infiltration/inflow will be delivered to the new corridor sewer. With this information, the Consultant will re-evaluate the design size of the 1971 plans and make changes as necessary. The Consultant shall make use, where possible, the results of Sanitary Sewer System Report for University of Iowa by Shoemaker Consultants, 1976. B. The Consultant shall provide the City with an informal report containing the design calculations for sizing the sewer. This report shall not necessarily be typewritten, but should include hand calculations showing allocations given to various areas along with infiltration/inflow quantities delivered to the sewer. C. The Consultant shall review the original plans and specifications (Veenstra & Kimm drawings consecutively numbered 11627-1 through 11627-16) by field checking the original routing of the sewers. Required changes in routing shall be noted during the field check and necessary field surveys performed for any rerouting required. D. As a further outcome of the Sewer System Evaluation Survey, the Consultant will evaluate the need for a new storm sewer facility to accommodate infiltration/inflow from the campus area and other storm water flows should this be deemed cost-effective. (Such storm sewers would therefore become part of the design project for the corridor sewer.) E. The plans and specifications shall include such details, grades and profiles to provide for the complete replacement of the pavement in Madison Street from its intersection with Prentiss Street (Station 23+00) north to Davenport Street (Station 65+00), or approximately 4,200 linear feet of pavement. Pavement width shall be closely coordinated with the City. Further, the plans and specifications shall include such details as necessary for complete restoration of all surfaces and facilities damaged or destroyed during construction. F. At the time of completion as specified in this Agreement, the Consultant shall deliver to the City five copies of the specifications and contract drawings in a complete form and ready for advertising for bids. 71/ G. Upon review and i -oval of the plans by the Cit the Consultant shall assist the City with presentation of the plans to IDEQ and the U.S. EPA and a request for a step three construction grant for the entire project. H. The Consultant shall assist in the preparation of notice to contractors and shall provide plans and specifications for prospective bidders. The Consultant shall have a representative present when bids and proposals are opened and shall prepare a tabulation of bids for the Owner and shall advise the Owner in making the awards. After the awards are made, the Consultant shall assist in the preparation of necessary contract documents. I. Upon request, the Consultant agrees to furnish special services. Such special services may include: (1) Soil investigations, including test borings, related analyses and recommendations. (2) Land surveys, title and easement searches and descriptions of boundaries and monuments and related office computations and drafting. (3) Assist the client as expert witness in -litigation arising from the development of construction of the project and in hearings before various approving and regulatory agencies. J. The Consultant shall prepare a brief financing plan consistent with the City's ability to fund the project. N thing in this Agreement pertains to the construction phase of the proposed project. Resident inspection services for the construction of the project shall be negotiated as an amendment to this Agreement prior to award of any contract for the construction of the project. II. TIME OF COMPLETION The Consultant will complete phases A through F of Section I of this Agreement by December 15,.1977. III. GENERAL TERMS 1. Should the Consultant or the City terminate the contract, said Consultant shall be paid on the basis of direct hourly rates as herein attached times a 2.2 multiplier for the various classes of personnel actively engaged on the project for all work completed and for all work and services performed up to the time of termination; however, such sums shall not exceed 80% of the "not to exceed" amounts listed in Section IV, if terminated by the Consultant. Either party may terminate ,thi.s Agreement upon thirty (30) days notice. 2. This Agreement shall be binding upon the successors and the assigns of the parties hereto; provided, however, that no assignment shall be made without the written consent of all parties to said agreement. 3. It is understood and agreed that the employment of the Consultant by the City for the purposes of said project shall be exclusive" but the Consultant shall have the right to employ such assistance as may be required for the performance of the project. Said Consultant shall be responsible for the compensation, insurance and all clerical detail involved in their employment. 4. It is agreed by the City that all records and files pertaining to information needed for said project will be made available by said City upon request of the Consultant. The City agrees to furnish all reasonable assistance in the use of these records and files. 5. It is further agreed that no party to this Agreement will perform contrary to any State, Federal or County law or any of the Ordinances of the City of Iowa City, Iowa. 6. The Consultant shall attand such meetings of the City Council relative to the work set forth in this contract as may be requested by the City. Any requirements made by the City shall be given with reasonable notice to the Consultant so that he/she may attend. The number of such meetings shall not be greater than five for purposes of defining the "not to exceed" amount in Section IV. 5010 71.;-7 7. The Consultant agrees zo furnish, upon termination or crus Agreement and upon demand of the City, copies of all basic notes and sketches, charts, computations, and any other data prepared or obtained by the Consultant pursuant to this Agreement, without cost and without restriction or limitation as to their use. 8. The Consultant agrees to furnish all reports and/or drawings with the seal of a Professional Engineer or Architect affixed thereto where such seal is required by law. 9. The City agrees to tender to the Consultant all fees and money in accordance with the schedule that follows except that failure by the Consultant to satisfactorily perform in accordance with this Agreement shall constitute grounds for the City to withhold payment in the amount sufficient to properly complete the project in accordance with this Agreement. 10. Should any section of this contract be found to be invalid, it is agreed that all other sections shall remain in full force and effect as though severable from the part invalid. 11. Direct Personal Expense for the purposes of this contract shall be defined as hourly wage plus retirement and fringe benefits. Said Consultant shall, upon demand, furnish receipts therefore or certified copies thereof. 12. Records of. the Consultant's Direct Personal Expense, Consultant Expense and Reimbursable Expenses pertaining to the Project, and records of accounts between the City and Contractor, shall be kept on a generally recognized accounting basis and shall be available to the City or his authorized representative at mutually convenient times. 13,. All reimbursable outside expenses are in addition to the fees for Basic Services and include actual expenditures made by the Consultant, his employees, or his consultants in the interest of the Project for the following incidental expenses listed: a. Expense of transportation and living when travelling in connection with the Project and for long distance calls. b. Expense of reproduction, postage and handling of Drawings and Specifications, excluding copies for Consultant's office use. c. Fees paid for securing approval of authorities having jurisdiction over the project. Fees paid by the Consultant for special consultants employed with City's approval for services other than those defined in this contract. IV. COMPENSATION FOR SERVICES The City agrees to pay for services stated in this contract on the basis of the following fees: The Consultant shall be paid a fee based upon 2.2 x Direct Personal Expense. The total fee, excluding reimbursables and any special services for this contract, shall not exceed $55,000.00. Special services if required shall be based upon 2.2 x Direct Personal Expense. GFNFRAI_ The Direct Personal Expense -of all personnel classifications associated with this project shall be attached as Exhibit "A". The City agrees to reimburse the Con- sultant for outside expenses at cost. The Consultant shall furnish receipts of all outside expenses upon request. The "not to exceed" figure listed in this section refers only to Direct Personal Expense and do not include reimbursables. Reimbursable expenses and special services are above and beyond the "not to exceed" figure. These fees will be billed and due payable monthly. With each billing the Consultant shall list the individual, the hours worked, and hourly rate, by phase as shown on Exhibit B. All provisions of this Agreement when not specifically defined shall be reconciled in accordance with the highest ideals of the Engineering Profession. -3- 7/3 The undersigned do hereby state that this contract is executed in triplicate, as though each were an original and that there are no oral agreements that have not been reduced.to writing in this instrument. It is further stated that there are no other consideration or monies contingent upon resulting from the execution of this contract nor have any of the above been applied by any party to this Agreement. FOR THE CITY: FOR THE CONSULTANT: pp 11 p VEE A I C 141X y Z1 - Partner ATTEST: ✓i`PoTy ci�-y ��c�K RECEIVED k APPROVED BY UBE LEGAL DEPARTMENT pa1f3 S`��-i� -4- ATTEST: &,2/zj EXHIBIT A STANDARD LABOR RATES July 1, 1977 ENGINEERS Grade P-4 P-5 P-6 P-7 P-8 P-9 P-10 P=11 P-12 P-13 P-14 P-15 P-16 P-17 P-18 P-19 P-20 Partners & Associates Grade Hourly Fee T -D $ 6.00 T -E 6.50 T -F 7.00 T -G 7'.50 T -II 8.00 T -I 8.50' T. -J 9.00 T -K 9.50 T -L 10:00 T-14 11.00 T -N 12.00 T-0 13.00 T -P 14:00 T -Q 15.00 T -R 16.00' T -S 17.00 0 Grade .NP -5 NP -f5 NP -7 NP -8 .NP -9 NP -10 NP -11 NP -12 NP -13 NP -14 NP -15 NP -16 NP -17 NP -18 NP -19 Hourly Fee $ 8.00 8.50 9.00 9.50 10.00 10.50 11.00 11.50 12.00- 13.00 2.0013.00 1.4.00 15.00 16.00 17.00 18.00 19.00 20.00 22.00 NON-PROFESSIONAL Hourly Fee $ 5.00 5.50 6.00 6.50 7.00 7.50 8.00 8.50 9.00 9.50 10.00 10.50 11.00 11.50 12.00 The above rates are subject to change January 1 and July 1 of each year. VEENSTRA & KIMM EXHIBIT B ENGINEERING FEE (Maximum) REDESIGN OF RIVER CORRIDOR SEWER 1-B Design calculations for sewer sizin Management Supervision Hours Rate Total 1-A Re-evaluation of sizing of sewer based on Project Engineer 2 17 results of SSES: 34 Engineer 2 Management Supervision 10 $22 $ 220 Project Engineer 30 17 510 Engineer 30 13 390 Head -Design Department 4 17 68 74 rerouting sewers: $ 1,188 1-B Design calculations for sewer sizin Management Supervision 1 $22 $ 22 Project Engineer 2 17 34 Engineer 2 13 26 Secretary 2 10 20 7 $ 102 1-C Field checking and field surveys for rerouting sewers: a. Field checking: Management Supervision 8 $22 $ 176 Construction Engineer 16 19 304 Head -Design Department 16 17 272 Party Chief 16 10 160 56 $ 912 b. Field surveys: (Assume that 8,000 of 16,000 LF must be done over. Calculate at rate of 3.0 minutes per LF) 8,000 x 3.0 = 24,000 min. = 400 hours (±) of individual time for crews. Construction Engineer 8 $19 $ 152 Engineer 8 13 104 Field Crew Supervisor 8 13 104 Party Chief 135 10 1,350 Survey Crewman 135 7 945 Survey Crewman 135 7 945 429 $ 3,600 -1- 1-F Deliver Plans and Specs 1-G Prepare Grant Application Management Supervision 16 $22 $ 352 Engineer 4 13 52 Secretary 4 10 40 24 $ 444 -2- 717 Hours Rate Total c. Engineering for 8,000 LF: (Use 2.3 minutes/LF; 8,000 x 2.3 = 18,400 minutes = 300 hours) Management Supervision 24 $22 $ 528 Head -Design Department 40 17 680 Engineer 300 13 3,900 Secretary 20 10 200 384 $ 5,308 d. Drafting for 8,000 LF: (Use 2.1 minutes/LF; 8,000 x 2.1 = 16,800 minutes = 280 hours) Head -Drafting Department 20 $13 $ 260 Draftsman 280 9 2,520 300 $ 2,780 1-D Evaluate need for storm sewers:(If storm sewers are needed, amend contract to include plans and specifications later; otherwise, stub out from under pavement.) Management Supervision 20 $22 $ 440 Project Engineer 60' 17 1,020 Engineer 60 13 780 Survey Crew 120 8 960 Secretary 10 10 100 270 $ 3,300 1-E Design Madison Street pavement and details 4,000 LF = 20,000 SY: Management Supervision 20 $22 $ 440 Head -Design Department 40 17 680 Engineer 100 13 1,300 Head -Drafting Department 10 13 130 Draftsman 150 9 1,350 320 $ 3,900 1-F Deliver Plans and Specs 1-G Prepare Grant Application Management Supervision 16 $22 $ 352 Engineer 4 13 52 Secretary 4 10 40 24 $ 444 -2- 717 11627 Rev. 8/23/77 Use Upset Figure of $55,000 -3- 7/ Y Hours Rate Total 1-H Advertise for bids, letting, prepare contracts and bonds: Management Supervision 24 $22 $ 528 Engineer 8 13 104 Secretary 6 10 60 Clerk (Bid tabs) 4 5 20 42 712 1-J Financing Plan: Management Supervision 20 $22 $ 440 Engineer 5 13 65 Secretary 5 10 50 30 555 SUMMARY Direct Item Description Hours Labor x 2.2 1-A Re-evaluation of Sewer Sizing 74 $ 1,188 $ 2,614 1-B Design Calculations for Sewer Sizing 7 102 224 1-C Field Checking & Field Surveys for Rerouting Sewers 1,169 12,600 27,720 1-D Evaluate Need for Storm Sewers 270 3,300 7,260 1-E Design Madison Street Pavement & Details 320 3,900 8,580 1-F Deliver Plans and Specs -- -- -- 1-G Prepare Grant Application 24 444 977 1-H Advertise for Bids, Letting, Preparation of Contracts & Bonds 42 712 1,566 1-J Financing Plan 30 555 1,221 1,936 $22,1901 50,162 Plus 10% Contingencies 5,016 55,178 11627 Rev. 8/23/77 Use Upset Figure of $55,000 -3- 7/ Y A. _AA RESOLUTION NO. 77-354 A RESOLUTION ESTABLISHING LIABILITY INSURANCE LIMITS WITH RESPECT TO TAXICABS. WHEREAS, the City Council of the City of Iowa City, Iowa, has enacted Ordinance No. 77-2844 which establishes ccaprehensive regulations for taxi- cabs operating within the City of Iowa City, Iowa, and WHEREAS, said Ordinance provides that as a condition of granting a certifi- cate of public convenience and necessity the person seeking such certificate shall file in the Office of the City Clerk a motor vehicle operator's liability insurance policy, the minimum limits of which shall be set forth by a City Council resolution. NOW, THEREFORE, BE IT RESOLVED BY THE CITY ODUNCIL OF THE CITY OF IOWA CITY, IOWA, that the minimum limits for a motor vehicle operator's liability insurance policy as required in Ordinance No. 77-2844 be as follows: To cover the assured's liability for personal injury or death of one person, as a result of one accident, or other cause. Fifty Thousand Dollars ($50,000). To cover the assured's liability for personal injury or death of more than one person, as a result of one accident or other cause. One Hundred Thousand Dollars ($100,000). To cover the assured's liability for damage to or destruc- tion of property other than that of the assured, as a result of any one accident or cause. Twenty -Five Thousand Dollars ($25,000). It was moved by Foster and seconded by Perret that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x deProsse X Foster x Neuhauser x Perret x Selzer x Vevera Passed and approved this 30th day of August 1977. IMM , II _41J ,Cletk $ECEIVED & APPROVED ayi TIM LEGAL DEPARTMEITT 7�9 ESOLUPION NO. 77-355 RESOLUTION PROPOSING TO SELL A PART OF FERSON AVENUE IN BLACK'S PARK ADDITION TO HE CITY OF IOWA CITY TO ABUTTING OWNERS. WHEREAS, the Council has by ordinance vacated the following right-of-way: All of Ferson Avenue shown on the plat of Black's Park Addition, Iowa City, Iowa, which plat can be found at Plat Book 2, page 38, of the plat records of Johnson County, Iowa, lying between Blocks I and G and running from the north line of Park Road to the south line of Gould Street, except for the center twenty (20) feet thereof, and WHEREAS, the area just previously described is pictured on a plat map, which plat map is attached to this resolution as Exhibit "A", and by this refer- ence made a part hereof, and WHEREAS, the parcels of the vacated right-of-way proposed for sale are denoted as parcels A, B, C, and D on the said plat map, and WHEREAS, it is the policy of the City to offer the land first to abutting owners, at a fair appraised price, and WHEREAS, the owners abutting the said parcels A, B, C, and D have indicated an interest in purchasing the parcels, and WHEREAS, a private water service for lots 5 and 6 of Block G, traverses parcel A. NOW, THEREFORE, BE IT RESOLVED BY T11E COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the Council proposes to sell parcels A and B to the abutting property owners for $360 per parcel: A - to Richard C. and Georgia T. Pegnetter B - to Lewis H. Jacques and wife 2. That the Council proposes to sell parcels C and D to the abutting property owners for $60 per parcel: C - to Lewis H. Jacques and wife D - to Steffi Hite 3. That as a condition of the proposed sales, the potential buyers, as necessary, shall agree to make all necessary arrangements to protect the rights of all persons receiving water service from lines traversing any of the said parcels. 4. That a public hearing be held upon these proposed sales at 7:30 P.M. in the Council Chambers, Civic Center, 410 E. Washington St., Iowa City, Iowa, on the 13th day of September, 1977. 7aa it was moved by --- Ralmer.-- roll call there were: AYES: NAYS: x x x x x x -z- deProsse and seconded by that Lha Resolution as read be adopted, and upon ril*MRI9 x Balmer deProsse Foster Neuhauser Perret Selzer Vevera Passed and approved this ,30M day of , 1977. ATTEST: 2/c�/�2 /r.F/ 990"A (;`City Clerk I'M A. q !_..�. ... I RECEI71rp & APPROVED BY TE: U12L LL'ilj: 'MNT �(C c6- 2s- -7? Exhibit A J d Cx ou�'a„ S `l Q, Q,' _.. p to 6u o Lo 9. yp• -18 oL — �� / ' 3374333 • ;= S, o A M :. G. �, �� 9�• . 90- 6o 64" 1.(44, fOle,4 /fin y( t L J 1 Yl or 0% th¢ 1,o.hd. shov�n o r��n�c\4t, v%k m� �ie td, hones 0 CQ0\k svx\jP's ; Zv:•n 1�i+�Q.s l�he s ,��k ohc ezce t in o•. 0.� a � t�.a, �.q t� �,\n G � $� �v.� Gh \ti S or •�Je nv�,e, Y(�� fit, 'ii�l,G Y10 1G � �v \te'ot,th- OX'N er\ cut ot m .,�Ked� {1tiv.S ; —o--• 5� u�i(es yq' \et tines , o.n3) C3 io'C. es-cci�cla. S�.Y eCL Y\. 9, eYG2 i �o,\1¢s, aS �na't•��. aAW . 'ri all aid, ouvt g i s aa' es --&A 11771 ke 6o 7,610 oo A 1. RESOLUTION NO. 77-356 RESOLUTION AMENDING THE DESIGN STANDARDS FOR PUBLIC WORKS IMPROVEMENTS IN IOWA CITY, IOWA, BY THE INCLUSION OF AN ADDITIONAL SECTION PERTAINING TO EROSION AND SEDIMENTATION CONTROL. WHEREAS, the City Council of the City of Iowa City, Iowa, by Resolution No. 75-120 adopted certain standards for public improvement projects in Iowa City, Iowa, and WHEREAS, Ordinance No. 76-2807 authorizes the Department of Public Works to develop and establish written policies, procedures, criteria and regulations concerning the inspection, determination and approval of standards for the construction and/or development of storm water management structures, and WHEREAS, pursuant to said ordinance the Department of Public Works has developed an addition to design standards for public works improvements as adopted by Resolution No. 75-120, a copy of which is attached to this resolution and made a part hereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That an Addition to Design Standards for Public Works Improvements as proposed by the Department of Public Works be adopted. 2. That the Addition be titled "Section X - Erosion and Sedimentation Control." 3. That copies of the Addition be kept on file with the City Clerk. It was moved by Foster and seconded by Vevera that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: R7 x Passed and approved this 30th ATTEST:Cit�Y?� - Cl— k Balmer deProsse Foster Neuhauser Perret Selzer Vevera day of August 1977. III;CEIVTD & 1!PFRO'MD 83G 'AL DDPh.RThiEIIT 7a3 ADDITIONS FOR PUBLIC IOWA CITY TO DESIGN STANDARDS WORKS IMPROVEMENTS SECTION X - SEDIMENTATION EROSION AND CONTROL Revisions to Design Standards for Public Works Improvements Iowa City, Iowa Section X - Erosion and Sedimentation Control Page 1 x - 1.0 Authority 1.1 The Iowa City Storm Water Ordinance (No. 76-2807) provides that: "Immediately after preliminary plat approval, preliminary PAD, LSRD, or LSNRD approval, or building permit approval, whichever comes first, and in all cases before site work begins, the developer shall submit the following documents to the Public Works Director for approval: 1. Plans and proposed methods for the prevention and control of soil erosion for the entire development." 1.2 "The original developer shall be responsible for the implementation and performance of erosion control measures for the time span from the start of preliminary grading until sale of lots or land to a purchaser. After commence- ment of lot or land sales, the actual owner of any lot or land within a development shall be responsible for the prevention and control of soil erosion for that parcel of land." 1.3 "No building permits for habitable structures shall be issued for any development or redevelopment not complying with this ordinance." 1.4 "Energy dissipating devices or stilling basins shall be provided to ensure that downstream soil erosion is alleviated and the regime of the downstream drainage facility is not disturbed." x - 2.0 Statement of Intent 2.1 The guidelines contained in this manual are specifications for erosion and sediment control. Methods and procedures for gaining satisfactory results are described. 2.2 Objectives of these standards are: a. To protect existing facilities and property from damage by sedimentation; i.e., to keep sediment from streets, sidewalks, and lawns; and to prevent storm sewers, catch basins, bridges, culverts, and open channels from being blocked. b. To retain valuable top soil on construction sites. Revisions to Design Standards for Public Works Improvements Iowa City, Iowa Section X - Erosion and Sedimentation Control Page 2 X - 3.0 Procedure For Permit 3.1 An Erosion and Sedimentation Control Plan is required and shall be filed as follows: 3.1.1 For new subdivisions the Erosion and Sedimentation Control Plan shall be submitted at the same time the construction plans are submitted for develop- ment of streets, sewers, and other public improvements. 3.1.2 In the case of development that does not require submission of a subdivision plat, the Erosion and Sedimentation Control Plan shall be submitted with the building plans for the structure or structures on the site prior to grading operations. 3.1.3 No building permit for habitable structure will be issued unless Erosion and Sedimentation Control Plans are submitted with the building plans. 3.2 Plan Content: 3.2.1 The plan shall identify onsite areas which will be subject to erosion and shall identify nearby off- site areas which are vulnerable to damage from sedimentation or from increased runoff caused by the development. 3.2.2 A location map, sufficient in detail to locate the site, shall be a part of the plan. The plan shall also depict the drainage of the area, the proposed alterations to the drainage, and a description of the proposed erosion and sedimentation control measures that are to be installed during and after each phase of construction. 3.2.3 If vegetative ground cover, either temporary or permanent, is to be used, the plan shall specify the types and rates of seed, lime, fertilizer and mulch. Revisions to Design Standards for Public Works Improvements Iowa City, Iowa Section X - Erosion and Sedimentation Control Page 3 X - 4.0 Design and Performance Standard 4.1 Erosion and sedimentation control measures and structures and devices shall be planned, designed and constructed to provide control from the caulculated peak rates of runoff from a 5 year frequency storm. 4.2 It is the intent of these specifications to eliminate visible deposits of eroded soil within and downstream of the site or lot under development. "Visible deposits" means soil deposited a. in streets, gutters, catch basins, and storm sewer pipe; b. in drainage swales, creeks and rivers; on private or public property of any kind. X - 5.0 Protection of Downstream Facilities 5.1 During any development or construction operations covered by these requirements, it shall be the responsibility of the developer to conduct periodic inspections of the installed erosion control facilities, and of nearby down- stream facilities, to determine if erosion and sedimentation control is effective. Any damage to downstream facilities, such as clogged storm sewers or inlets, which damage has been caused by onsite erosion, shall be repaired or cleaned by the developer. In addition to such inspections by the developer, supplemental inspections may be carried out by City Inspectors. Any observed damage will be noted and notice given to the developer to effect repairs. X - 6.0 Erosion and Sediment Control Measures 6.1 Two types of erosion and sediment control measures are available - vegetative and mechanical. Either type of control must be properly designed, installed, and maintained if it is to accomplish the intended purpose. 6.2 Vegetative controls are intended to prevent soil from eroding initially or to retard overland flow to the extent that deposition ocqurs. When vegetative practives by themselves do not provide the desired degree of protection, mechanical measures must also be utilized. Revisions to Design Standards for Public Works Improvements Iowa City, Iowa Section X - Erosion and Sedimentation Control Page 4 X - 7.0 Veuetative Measures 7.1 A good stand of vegetative cover provides the best pro- tection against soil erosion by performing a number of important functions including: shielding the soil from the impact of raindrops, retarding the surface flow of water thereby permitting greater infiltration, and maintaining a pervious soil surface capable of absorbing water. 7.2 Vegetative erosion control measures may be either: a. Temporary cover for controlling erosion during construction, or b. Permanent cover to stabilize the site after con- struction is completed. 7.3 Temporary cover crops shall be used where protection is needed for up to six (6) months. Rapidly growing plants shall be used as shown in Table I of the Appendix. For temporary seeding, fertilizer shall be applied at the rate of 600 lbs/acre, or 15 lbs/1000 square feet using 10-10-10 fertilizer (108 nitrogen, 108 potassium, 108 potash). Temporary cover shall be established on all exposed areas as soon as possible after exposure if the site is not to be built on within 45 days. If construction is suspended or delayed, the area shall promptly be seeded to temporary cover. 7.4 Establish permanent cover on exposed areas not in the immediate construction area, or seed to temporary cover immediately upon completion of grading. Special care should be taken in the selection of plants for permanent cover. Final choice should be based on suitability of the plants to the site, aesthetic values, maintenance require- ments, and longevity. On steep slopes and areas inaccessible to easy maintenance, use crownvetch, birdsfoot trefoil, or native grasses. Revisions to Design Standards for Public Works Improvements Iowa City, Iowa Section X - Erosion and Sedimentation Control Page 5 The following seed mixture is to be used for permanent seeding (not for lawns): Kentucky -31 Fescue 3 lbs/1000 sq. ft. or 150 lbs./Acre or Brome............. 1 lb/1000 sq. ft. or 35 lbs/Acre Fertilize at the rate of 600 lbs/acre of 12-12-12 shall be used. 7.5 When seeding is made on critical sites, steep slopes (2:1 or steeper), or adverse soil conditions, mulch material shall be applied immediately after seeding. Mulch shall consist of clean straw, grass or hay. The mulch may be applied by hand, blower, or by other suitable equipment. Mulch shall be applied at the following rates: Material Rate per Acre Rate per 1000 sq. ft. Straw or Hay 2 Tons 100 lbs. Runoff water from areas above that to be mulched shall be diverted if possible before mulch is applied. All areas to be mulched shall be reasonably smooth, and free of rills and gullies. Hay or straw mulch shall be anchored immediately after application, using a farm disk set straight. On areas too steep for machinery, an emulsified asphalt may be applied, following the manufacturer's recommendations. When netting is used to anchor mulch, it shall be applied parallel to the direction of the slope. Netting shall be stapled to the ground with sufficient staples to hold mulch in place. 7.6 Sodding is more costly than seeding, but provides immediate protection. Sodding shall be used upon direction of the City Engineer where the concentration of runoff is such that other methods of stabilization will not be effective, and in drainage ways or waterways where natural protection has been removed. Revisions to Design Standards for Public Works Improvements Iowa City, Iowa Section X - Erosion and Sedimentation Control Page 6 Sodding should preferably be done during the periods of: April 1 to June 15 August 1 to November 1 Fifteen pounds of 12-12-12 fertilizer per 1,000 square feet shall be applied to the sod bed and mixed into the surface soil prior to laying the sod. Sod shall be carefully placed in rows or strips at right angles to the centerline of any channel (i.e., at right angles to the direction of flow). The sod strips shall be placed tightly together so that no open joints are left between strips or between the end of strips. Joints shall be staggered at least one foot on adjacent rows of sod. The edges of the sod at the top of slopes shall be turned slightly under and a layer of soil compacted over the edge so as to conduct surface water over and onto the top of the sodded area. The sod shall be well tamped and firmly in place. In the absence of adequate rainfall, sod shall be watered adequately to maintain growth. X - 8.0 Mechanical Measures 8.1 Mechanical measures may be used to intercept, divert, convey, retard or otherwise control runoff. They may be constructed by reshaping the land to form ditches, terraces, or dikes, or may be made of straw bales, wood, concrete blocks, or sand bags. (See Figure I and II of the Appendix). A good deal of erosion control can be accomplished by correct grading practices. The problems brought on by soil erosion and sedimentation can usually be lessened by proper planning of the grading operations. 8.2 Guidelines for Grading: 8.2.1 Grade on the area on which there will be immediate construction, as opposed to grading the entire site. It is poor practice to remove all topsoil and vegetation from large areas. See Figure III of the Appendix. Revisions to Design Standards for Public Works Improvements Iowa City, Iowa Section X - Erosion and Sedimentation Control Page 7 8.2.2 Fit the development to the site so that minimum grading is required. Plan streets to fit the contour of the land. 8.2.3 Use areas of steep slopes, waterways, and flood plains for parks, open space, and recreation use. 8.2.4 If a graded lot is not to be built on within 45 days, temporary vegetation must be established. 8.2.5 Construct sediment basins or diversions to detain runoff and trap sediment during con- struction. Where diversion channels are used, velocities shall be kept within the limits shown in Table II of the Appendix. 8.2.6 Storm drainage facilities must be completed and made operational as soon as possible. Temporary silt traps made of straw bales shall be used, as needed, to protect storm sewer inlets and to prevent sediment from clogging storm sewers during construction. 8.2.7 Retain natural vegetative cover in drainage ways when possible. Save trees and existing vegetation wherever possible. 8.2.8 Obliterate diversion dikes, channels, sediment basins, and silt traps after areas that drain into them are stabilized. Blend these areas into the land- scape and establish vegetation. Sediment basins that are to be retained for storm water detention should be excavated to original design contours and seeded to permanent cover. 8.2.9 Diversions shall be built at top of slopes prior to cutting operations to prevent water from washing over the face of the cut slopes. 8.2.10 Steepness of cuts will depend upon soil type and project design; however, cut slopes of 3:1 or flatter are desirable. 8.2.11 Always grade to the flattest cut or fill slopes that the site and project design will permit. Revisions to Design Standards for Public Works Improvements Iowa City, Iowa Section X - Erosion and Sedimentation Control Page 8 8.3 Diversion Structures 8.3.1 Diversion structures represent any modification of the ground surface that intercepts and diverts runoff so that the distance of flow to a larger channel system is increased. These can be in the form of a ditch or swale, dike, or terrace. Generally, a ditch or dike is used in areas of moderate to high relief and can be adapted to urban use. 8.3.2 A diversion may also be constructed across a slope to collect runoff water and convey it to a stable outlet. 8.3.3 For construction details, criteria, and specifi- cations, see Reference No. 1, pages 84-90. (Appendix). 8.4 Sediment Basins 8.4.1 Sediment basins may be used on large areas until vegetation is established and the area is stabilized if other methods of control are not sufficient. A sediment basin consists of a depression with a dam or embankment, a pipe outlet, and an emergency spillway, the size and design depending upon the drainage area, soil types, and rainfall pattern. See Figure IV in the Appendix. 8.4.2 Sediment basins operate by detaining runoff water, allowing sediment to settle out. The capacity of a basin must be equal to the volume of sediment expected to be trapped during the planned life of the development or improvements it is designed to protect. The site shall be designed to provide adequate storage for not less than 1/2 inch of sediment per acre of drainage area. Where it is determined that stored sediment and debris will be periodically removed to obtain required storage, the capacity may be reduced proportionately. 8.4.3 These structures must be designed essentially as a dam. For additional details, criteria, and specifications for relatively small sediment basins, see Reference No. 1, pages 147-155. If failure of the structure could lead to loss of life, damage to homes or other developments, or in the interruption of public facilities, a professional engineer must be engaged to design the structure. Revisions to Design Standards for Public Works Improvements Iowa City, Iowa Section X - Erosion and Sedimentation Control Page 9 X - 9.0 Storm Drain Outlet Protection 9.1 Protection to prevent erosion and scouring shall be provided at storm drain outlets, road culverts, paved channel outlets, and other water discharge sites. 9.2 Pipe aprons, rip -rap, paved channels, sodded ditches, or other effective measures shall be used to reduce velocity to within the limits shown in Table II of the Appendix. 9.3 The total length of protection provided below the outlet shall be at least six times the culvert diameter (6d), or six times the depth of flow in the channel (6D), whichever is greater. See Table III of the Appendix for lengths of aprons and protection required for various depths of flow and velocities. X - 10.0 Assistance Available 10.1 The Soil Conservation Service, working through the Johnson County Soil Conservation District, will provide assistance to individual developers and builders in making erosion and sedimentation control plans for their developments. 10.2 This assistance may include soils information, advice as to the type and amount of needed erosion control measures during construction, and a plan for maintenance of erosion control measures after construction is completed. 10.3 Reference No. 1 is recommended and acceptable to the City for erosion control measures as alternates and in addition to these specifications. Example Problems Permissible velocities on various types of soil with differing lengths of vegetation. Example: Clay soil Good stand of vegetation Length - 6" to 10" Retardance = C, from Table IV Velocity permitted = 5.5 Ft./Sec. (from Table V) To use the Graph I and Table V together to determine allowable velocity on various slopes of land: Example: Silty clay loam soil Nearly bare - untilled From Table V - permissible velocity on bare land = 2 f.p.s. On Graph I - enter at 2 f.p.s. go up to nearly bare ground line - Slope then = 4% Soil on slopes over 4% require protection. Degree of erosion protection depends on slope. Degree of retardance can be obtained from Tables IV and V and lengths of vegetation needed determined. Example: Sandy loam soil, nearly bare, untilled, 6% slope. From Graph I, velocity will be 2.5 f.p.s. From Table V, degree of retardance must be "C". From Table IV, vegetation must be good 6" to 10", or fair 11" to 24". APPENDIX TABLE I TEMPORARY SEEDING BY RATES, DEPTHS AND DATES Sudangrass 2/ 40 lbs. 1.0 1-2 - X - l/ Use varities currently recommended to Iowa. Use certified seed only. 2/ Use common sudangrass varieties only. Do not use hybrids. 3/ Between fall and spring seeding dates, use mulching only or sodding practices. X Applicable during entire period. - Not applicable in period. From Reference No. 1 Planting . Seeding Rate Depth Seeding Dates 3/ Species l/ Per Lbs/1000 3/15- : 5/20- : 8/15 - Acre sq/ft. (Inches) 5/20 : 8/14 : 10/15 Oats 3 bu. 2.0 1-2 X - - Rye 2-1/2 bu. 3.0 1-2 - - % Wheat 2-1/2 bu. 3.0 1 - - % Sudangrass 2/ 40 lbs. 1.0 1-2 - X - l/ Use varities currently recommended to Iowa. Use certified seed only. 2/ Use common sudangrass varieties only. Do not use hybrids. 3/ Between fall and spring seeding dates, use mulching only or sodding practices. X Applicable during entire period. - Not applicable in period. From Reference No. 1 TABLE II PERMISSIBLE VELOCITIES FOR DIVERSION DITCHES Water Transporting: Clear Noncolloidal water, no Silts, sands, particles Colloidal gravels, or carried Silts rock fragments Ft./Sec. Ft./Sec. Ft./Sec. Fine sand (noncolloidal) 1.50 2.50 1.50 Sandy loam (noncolloidal) 1.75 2.50 2.00 Silt loam (noncolloidal) 2.00 3.00 2.00 ordinary firm loam 2.50 3.50 2.25 Fine gravel 2.50 5.00 3.75 :tiff clay (very colloidal) 3.75 5.00 3.00 Graded, loam to cobbles, when noncolloidal 3.75 5.00 5.00 Graded, silt to cobbles, when colloidal 4.00 5.50 5.00 Coarse gravel (noncolloidal) 4.00 6.00 6.50 From Soil Conservation Service Velocities in diversion ditches or at structure outlets should be kept within these limits. TABLE III APRON LENGTHS (LA) (IN FEET) ACTUAL OUTLET VELOCITY F.P.S. 15 18 21 d 24 - inches 27 30 33 36 42 48 54 60 66 72 6 3 3 3 3 3 4 4 4 4 4 5 5 5 5 8 3 4 4 4 4 5 5 5 6 6 6 7 7 7 10 4 5 5 5 6 6 6 6 7 7 8 8 9 9 12 5 5 6 6 7 7 7 8 8 9 10 10 11 11 14 6 6 7 7 8 8 9 9 10 10 11 12 12 13 16 7 7 8 8 9 9 10 10 11 12 13 13 14 15 18 8 8 9 10 10 11 11 12 13 13 14 15 16 16 20 8 9 10 11 11 12 12 13 14 15 16 17 18 18 22 9 10 11 12 12 13 14 14 15 16 17 18 19 20 24 10 11 12 13 13 14 15 16 17 18 19 20 21 22 26 11 12 13 14 15 15 16 17 18 19 21 22 23 24 28 12 13 14 15 16 17 17 18 20 21 22 23 25 26 30 13 14 15 16 17 18 19 19 21 22 24 25 26 27 SURFACE LA 6D or 6d (As applicable) < 1% Grade SING CHANNEL Definitions: d = diameter of culvert D = Depth of flow in outlet channel LA = Length of Apron in feet, where less than 6D or 6d, extend protection with rip -rap or other protection Note: The primary purpose of the apron is to reduce scouring up the channel at the outlet and not to reduce velocity to acceptable levels. Velocity control is accomplished by downstream channel design. TABLE IV GUIDE TO SELECTION OF VEGETAL RETARDANCE Use this Table in conjunction with Table V to determine permissible velocities. TABLE V Permissible Velocity - Ft./Sec. Vegetation Bare Land Retardance Poor Fair Good Sand, silt Sandy Loam, 1.5 & Silt Loam Silty Clay Loam 2.0 Silty Clay B 3.0 Average Length Degree C 2.5 Average Length Degree D 2.0 of of B 4.0 of of Stand Vegetation Retardance Stand Vegetation Retardance Good Longer than 30" A Fair Longer than 30" B Good 11 to 24" B Fair 11 to 24" C Good 6 to 10" C Fair 5 to 10" D Good 2 to 6" D Fair 2 to 6" D Good Less than 2" E Fair Less than 2" E Use this Table in conjunction with Table V to determine permissible velocities. TABLE V Permissible Velocity - Ft./Sec. Vegetation Bare Land Retardance Poor Fair Good Sand, silt Sandy Loam, 1.5 & Silt Loam Silty Clay Loam 2.0 Silty Clay B 3.0 3.0 4.0 C 2.5 2.5 3.5 D 2.0 2.0 3.0 B 4.0 4.0 5.0 C 3.5 3.5 4.5 B 3.0 5.0 6.0 Clay 2.5 C 3.0 4.5 5.5 D 3.0 4.0 6.0 FIGURE I .fir ; _` y,,._ �•>..r � s '^e _ Ilr ... ' -Fi w .. i i .�y�..i, r.ri ...\ 9.,. _.. ...,v..";.4 "`•.,... i' yMy,� �� ..err �'M�r.� 1.h� ..1r •. •�� T `�� _\l r;r ,".'. "ad'in`.k'iiq �l!i �h '4'r, �Y�, ... 'y <G kit l -,\y�y�.�b -alt.� From Soil Conservation Service Temporary mechanical erosion control that could be applied to relatively small construction sites. l'W— :. J FIGURE II From Soil Conservation Service Various types of temporary erosion and sediment control that could be applied to construction sites. r. FIGURE IV From Reference No. l Typical Sediment Basin ~ may be temporary during construction GRAPH I Velocities of runoff, generated by rainfall on various types of ground cover, by slopes of land. 90 To __ I so 30 20 0 _. me � 1 I_ oe¢ 'oma 10 4 fI� O O P JiI F_ T—,_ - -- - 4J T`U J 4 I TI M d o 0 0 o c o e o VELOCITY IN FEET PEN SECOND From Soil Conservation Service Example: Slope of land = 5% Cultivated land, Straight Row (Overland Flow) Velocity then = 2 feet per second REFERENCES The following reference is acceptable to the City of Iowa City for use in preparing erosion and sedimentation plans. 1. Guidelines for Soil and Water Conservation in Soil Conservation Service, 517 Southgate Avenue, Iowa City, Iowa 52240. Price $2.90. Iowa State Printing Division, Grimes State Office Building, Des Moines, IA 50319. Y ` RESOLUTION NO. 75-120` RESOLUTION ADOPTING STANDARDS FOR PUBLIC WORKS IPIPROVEIMENT PROJECTS IN IOWA CITY, IOWA. WHEREAS, the City of Iowa City, Iowa, pursuant to the laws of the State of Iowa has the power to make or contract for public improvements for the general welfare of the citizens of Iowa City, Iowa, and i-MREAS, the City Council upon the recommendation of the City Engineer deems it in the interest of the health, safety, and welfare of the citizens of. the City of Iowa City, Iowa, to establish standards for Public Works improvements, and WHEREAS, the Department of Public Works has devised standards for planning, designing and constructing Public Works improvements in Iowa City, Iowa. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. that the Proposed Design Standards for Public Works Improvements in Iowa City, Iowa, be adopted as the standard for all designing, planning and construction of any and all Public Works improvements in Iowa City, Iowa. 2. that copies of said standards be kept on file with the City Clerk. It was moved by Brandt and seconded by Davi.dsen that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Brandt X Czarnecki X Davidsen X deProsge a Neuhauser 1' ATTEST: t, L!'' ` CITY CLERK`S Passed and approved this 6th day of 1975. Toy r• L PROPOSED DESIGN STANDARDS FOR PUBLIC WORKS IMPROVEMENTS IN IOWA CITY, IOWA CITY OF IOWA CITY, IOWA DEPARTMENT OF PUBLIC WORKS Revised April, 1975 i CITY OF IOWA CITY DEPARTMENT OF PUBLIC WORKS MEMORANDUM DATE TO: Neal Berlin, City Manager and City Council Members FROM: Dick Plastino, Director of Public Works RE: Design Standards April 2, 1975 Attached is a final draft of the proposed Design Standards for Iowa City, Iowa. Council had various questions regarding cul-de-sacs. Inspection of present ordinances reveals that the following definitions occur in Chapter 9.50 of the City Code. LOCAL STREET - A street which provides for direct access to abutting property and for the movement of local traffic. CUL-DE-SAC - A local street closed at one end with a turn- around --a radial, circular or loop drive at the termination end of a cul-de-sac permitting a vehicle to reverse its direction while continuing its forward movement. Section 9.50.5 of the Code further states that'2ocal streets shall be paved 28 feet and cul-de-sacs shall be paved with a 28 feet wide paving at the outer edge of which shall be 1S feet inside the circumference of the right-of-way and the inner edge -of which shall be 43 feet from the circumference of the right-of-way. Cul- de-sacs shall not exceed 900 feet in length. A cul-de-sac shall be measured from the centerline of the street from which it commences to the center of the turn -around." The Code seems to make it clear that a cul-de-sac is a local street with a loop on the end; therefore in the Design Standards the reference to pavement width simply says local streets shall be 28 feet wide. In addition, we have a drawing on the next to the last page of this document which shows a picture of a cul-de-sac. We believe this makes the intent of both the City Code and the Design Standards clear. All reference to parking prohibition has been deleted. •It is Public Works' belief that the purpose of the Design Standards is to provide a working document for contractors, subdevelopers and engineers involved with the physical facilities of the City. A parking prohibition does not fit into this category and we strongly feel that parking prohibition references should be handled in the Zoning Ordinance and not in a document designed totally and specifically toward physical design parameters. Design ylpndards -2- April 2, 1975 The Planning and Zoning Commission has reviewed the attached document and consensus has been reached that the document is adequate as shown. We are hopeful that Council will accept this document so that it may become an established working guide for developers, contractors, engineers and architects working in Iowa City. 9 0" e M L� L L 0. L L L F L L h i. L Department of Public Works To: Developers, Contractors, Engineers, and Architects working in Iowa City Here for your easy reference, is a brochure setting forth the design standards for Public Works improvements as they apply here in Iowa City. We feel that attention to these standards will result in less confusion and uncertainty on your part while planning, designing and constructing these facilities, as well as reducing the operating and maintenance problems which the City of Iowa City encounters once the facility is built and in use. This booklet contains standards for streets and alleys, sidewalks, water distribution systems, sanitary and storm sewers, traffic signals and street lighting. It should be pointed out.that these standards are by no means all inclusive. For more detailed information please contact the Engineering Division of the Department of Public Works which is responsible for the implementation of these design criteria. Thank you for your cooperation. in Iowa City. RES:db We hope you enjoy working Respectfully yours, George R. Bonnett, P.E. City Engineer E L i L L L L TABLE OF CONTENTS I. STREETS -------------------------------------- I -1--I-5 II. ALLEYS---------------------------------------II-1--IT-2 III. SIDEWALKS ------------------------------------ III -1 IV. DRIVEWAYS ------------------------------------ IV -1 V. WATER DISTRIBUTION SYSTEMS ------------------- V -1--V-2 VI. SANITARY SEWERS ------------------------------ VI-1--VI-4 VII. STORM SEWERS --------------------------------- VII-I--VII-3 VIII. TRAFFIC CONTROL ------------------------------ VIII -1-- VIII -II IX. ROADWAY LIGHTING ----------------------------- IX -1-- IX -2 Figure 1 - Typical Street Cross -Section Figure 2 - Typical 30" Curb & Gutter Figure 3 - Typical Curb Cross -Section Figure 4 - Typical Alley Cross -Section Figure 5 - Driveway'Diagram Figure 6 - Typical Manhole 6' or less in Depth Figure 7 - Typical Manhole 6' or more in Depth Figure 8 - Sanitary Drop Connection Figure 9 - Sanitary Riser Figure 10 - Pipe Bedding Figure 11 - Alley Catch Basin Figure 12 - RA -3 Curb Intake Figure 13 - RA -4 Curb Intake Figure 14 - RA -5 Curb Intake Figure 15 - RA -6 Curb Intake Figure 16 - RA -7 Throat Extension Figure 17 - RA -8 Curb Intake Figure 18 - Typical Traffic Signal Location Figure 19 - CuZ-de Sac Street Figure 20 - Typical Drop Curb for Sidewalks J _, sncrION I LSTREETS 1-1.0 Street Classification I`! 1.1 All streets shall be classified according to their functional use which are defined as follows; Major Arterial - This type of street is a continuous route providing for the expeditious movement of large volumes of through traffic across the city and between high traffic (' generation points, and on which geometric design and traffic 1. control measures are used to facilitate the safe movement of through traffic. Minor Arterial - Provides for through traffic movement between areas and across the city, and direct access to abutting property; subject to the necessary control of entrances, exits, and curb use so as to increase the capacity and improve the safety characteristics of the street. Collector - This type of street system provides for the movement of traffic between arterial routes and local streets, as well as providing direct access to abutting property; moderate amounts of low speed traffic, including some bus Val traffic, can be carried on these streets. I L L L M «ti Local Residential - This type of street serves only as a means of access to abutting residential property and is planned to be a low speed, low traffic and short trip route. Local Commercial - A street or road providing access to businesses or commercial property. Industrial - A street or road providing access to manufacturing plants or industrial facilities. I-2.0 Traffic Lane Widths 2.1 The minimum desirable traffic lane width except for local residential shall be 11 feet. 2.2 For major arterial streets and industrial streets the lane width shall be 12 feet. This is due to the heavy volume of truck traffic -- expected on these streets. 2.3 It should be kept in mind that in the design of local streets the number of lanes for moving traffic will be a secondary con- sideration. 2.4 Local streets shall be designated for a minimum of 28 foot wide pavement hack to back of curb. I-1 I-5.0 Right -of -Way Width 5.1 The right-of-way will be 80 flet in width for arterial streets, 66 feet for collector and industrial streets and 50 feet for local streets. This width does not provide for medians or boulevards that might he constructed within the right-of-way. L' 5.2 If medians or boulevards are to be constructed then additional right-of-way may be required depending upon the design and width of the median. I-6.0 Shoulders U6.1 Where no curb and gutter is constructed there shall be a 10 foot gravel or rock shoulder. I-7.0 Medians 7.1 Generally speaking, medians will be found only in arterial streets. L The width may vary anywhere from a minimum of 16 feet to a maximum 1-3.0 Separate Turn Lanes J 3.1 Separate turning lanes may be included on arterial streets but will, 7.2 Medians or boulevards constructed as as a rule, not be found on other streets. Where separate turning conform to the same design standards lanes are required on the basis of a capacity analysis of the inter- streets. section, then a width of 12 feet will be used for major arterial I-8.0 Street Grades streets where substantial truck traffic is involved, and 11 feet L' in width for minor arterial streets. 8.1 The maximum street grade for arterial and industrial streets shall 1-4.0 Parking Lane Width local streets 12%. 4.1 Parking lanes will not be provided on arterial streets. 4.2 Where provided for on local residential and collector streets, E the parking lane shall be 8 feet in width. li 4.3 Where provided for within the commercial business district, parallel parking lanes shalt be 10'feet in width and angle parking Zana shall E be 9 feet in width. I-5.0 Right -of -Way Width 5.1 The right-of-way will be 80 flet in width for arterial streets, 66 feet for collector and industrial streets and 50 feet for local streets. This width does not provide for medians or boulevards that might he constructed within the right-of-way. L' 5.2 If medians or boulevards are to be constructed then additional right-of-way may be required depending upon the design and width of the median. I-6.0 Shoulders U6.1 Where no curb and gutter is constructed there shall be a 10 foot gravel or rock shoulder. I-7.0 Medians 7.1 Generally speaking, medians will be found only in arterial streets. L The width may vary anywhere from a minimum of 16 feet to a maximum width of 30 feet. At intersections, medians may be used to pro- vide for separate left turn storage lanes. 7.2 Medians or boulevards constructed as part of local streets shall conform to the same design standards as set forth for arterial streets. I-8.0 Street Grades L' 8.1 The maximum street grade for arterial and industrial streets shall be 8%, for collector streets 10% and local streets 12%. L I-2 8.2 The minimum grade for gutter drainage will he 0.5%. L1-9.11 Pavement Cross Section 9.1 The pavement cross section for all pavements will be a 2% parabolic crown, The cross section is as shown in Figure I. This cross slope is equivalent to 1/4 inch per foot. L I-10.0 Design Speed L 10.1 A design speed will be used in establishing the geometric features for arterial streets only. For arterial streets the design speed will be assumed to be 35 miles per hour. This highway design speed shall be used to establish features such as the supereleva- tion rate, critical length of grade, intersections, curbs, etc. I-11.0 Curb and Glitter Section 11.1 A curb and gutter cross section shall consist of a 6 inch vertical curb with a 30 inch concrete gutter which includes the ® curb. The design shall be as shown in Figure 2. 11.2 Where the street paving is integral Portland Cement concrete then there shall be no separation between the curb and gutter section and the paving. The design shall be as shown in Figure 3. 11.3 On cul-de-sacs and loop streets located in local residential areas a 6 inch roll -type curb will be permitted as shown in Figure 3, I-12,0 Pavement Material and Thickness L12,1 The pavement slab may be constructed of the following materiels: 12,1.1 Non -reinforced Portland Cement concrete conforming to the Iowa State Highway Commission C-3 mix or M-3 mix as applicable. L' 12,1.2 Full depth Asphaltic Concrete hot mix conforming to the Iowa State Highway Commission standards for Type "B" base and 1 3/9" minimum thickness Type "A" surface course. All asphaltic concrete streets shall have Portland Cement concrete curb and gutter. DeZeted reference to rolled atone base LI' 12,2 The required pavement thickness in inches is as outlined in the following table: is 1-3 L I E L L r E L 1-14.0 Corner Radius 14,1 The corner radius at intersections will depend on the functional classification of the intersecting streets. The following criteria shall apply: Arterial - Arterial Arterial - Collector Arterial - Local Arterial - Industrial Collector - Collector Collector - Local Local - Local 30.0 feet 25.0 feet 17.5 feet 25.0 feet 25.0 feet 17.5 feet 17.5 feet I-15,0 Street Capacity _ 15.1 The design hour volume of traffic (DHV) used in the design of arterial streets will be the 30th highest hourly volume. As a rule, the design hour volume will be considered to be approximately 10 to 12% of the average daily traffic for a 24-hour period. I-4 Portland Cement Full Depth Concrete Asph. Concrete Deleted Rolled Stone Base Alternativ LI, Major Arterial 10" 1211" Minor Arterial 9 " 11 " Industrial 6 10 Thickness requirements Collector R 4 for arteriaZa are intended as a guide only. Specific Residential 7 8,� projects will be designed on the basis of soil con- {a ditione and projected I-13,0 Cross Slope (Sidewalk to Curb) traffic loading. 13.1 The area between the sidewalk and curb will normally be grass and will slope at the rate of 1/3 inch per foot from the sidewalk towards the curb. This will provide for the drainage of land within the street right-of-way to the gutter. 13.2 As a rule a minimum space, primarily for storage of snow, will be 4 feet between the sidewalk and curb. However, on arterial streets it may be necessary to reduce this figure. L I E L L r E L 1-14.0 Corner Radius 14,1 The corner radius at intersections will depend on the functional classification of the intersecting streets. The following criteria shall apply: Arterial - Arterial Arterial - Collector Arterial - Local Arterial - Industrial Collector - Collector Collector - Local Local - Local 30.0 feet 25.0 feet 17.5 feet 25.0 feet 25.0 feet 17.5 feet 17.5 feet I-15,0 Street Capacity _ 15.1 The design hour volume of traffic (DHV) used in the design of arterial streets will be the 30th highest hourly volume. As a rule, the design hour volume will be considered to be approximately 10 to 12% of the average daily traffic for a 24-hour period. I-4 I 15.2 Design criteria for arterial streets shall be in accordance with the Highway Capacity Manual published in 1965 by the Highway Research Board and shall he equivalent to "Level of Service = C". x I-16.0 Side Clearance 16.1 No obstructions of any type, including traffic control devices, shall be placed closer than 2 feet to the back edge of the curb. f L+ 1-17.0 Open Ditches 17.1 Where a curb and gutter section is not required and open ditches are provided for drainage, the minimum ditch grade shall be 1.0% and the maximum grade shall be 3.0%, In addition, it will be necessary to place a concrete pipe through all drive approaches constructed through the drainage ditch. The size pipe required will be a function of the area to be drained. L17.2 The cross slope shall he a desirable 4 to 1 slope with a maximum permitted slope of 2 to 1. 1-18.0 Acceleration - Deceleration Lanes s� 18.1 As a general rule, speed change lanes such as acceleration and deceleration lanes will not be added to pavements except where industrial streets intersect with major arterial streets and heavy truck traffic warrants the constniction of such lanes. 1-19.0 Subgrade Requirements 19.1 The subgrade shall be scarified to a depth of 6 inches below the L' pavement, and compacted to 90% of Modified Proctor Density for Portland Cement concrete pavement and to 95% of Modified Proctor Density for Asphaltic Cement concrete pavement. 19.2 The subgrade in fill shall be 90% of Modified Proctor Density 6• except for the top B inches which shall meet the requirements for j the appropriate surface material. L I-5 SECTION II II -5.0 Pavement Cross -Section 5.1 The pavement shall have a 4% inverted crown cross-section. This V will be as shown in Figura 4. 'J II -6.0 Pavement Material and Thickness f� 6.1 The pavement slab may be constructed of the following materials: L 6.1.1 Non -reinforced Portland Cement concrete conforming to the Iowa State Highway Commission C-3 mix or M-3 mix as applicable. &.1.2 Pull depth Asphaltic Concrete hot mix conforming to the Iowa State Highway Commission standards for Type "B" base and 1 314" minimum thickness Type "A" surface course. Deleted reference to RoUed Stone Base Alternative L s's Ui II -1 ALLEYS II -1.0 Alley Classification 1.1 Residential Alley - A route located between local roads used primarily for access to the rear of residential property. r 6� 1.2 Commercial Alley - A route located between commercial streets used primarily for access to the rear of commercial property. 1I-2.0 Pavement Width ? E3 2.1 Residential alleys shall have a pavement width of 16 feet. 2.2 Commercial alleys shall have a pavement width of 20 feet. 11-3.0 Right -of -Way Width 3.1 The right-of-way shall be 20 feet for all alleys. 11-4.0 Alley Grades 4.1 The maximum grade for alleys shall be 14% for residential and 10% for commercial or industrial alleys. The minimum grade L' shall be 0.5% for all types of alley. II -5.0 Pavement Cross -Section 5.1 The pavement shall have a 4% inverted crown cross-section. This V will be as shown in Figura 4. 'J II -6.0 Pavement Material and Thickness f� 6.1 The pavement slab may be constructed of the following materials: L 6.1.1 Non -reinforced Portland Cement concrete conforming to the Iowa State Highway Commission C-3 mix or M-3 mix as applicable. &.1.2 Pull depth Asphaltic Concrete hot mix conforming to the Iowa State Highway Commission standards for Type "B" base and 1 314" minimum thickness Type "A" surface course. Deleted reference to RoUed Stone Base Alternative L s's Ui II -1 E 0 6.2 The required pavement thickness in inches is as outlined below: Portland Cement Pull Depth Deleted Reference to Rolled Concrete Asph. Concrete Stone Base Alternative 6" 7n 6.3 There will bo no curb and gutter sections built as part of alleys. TT -7.0 Subgrade Requirements 7.1 The subgrade shall be scarified to a depth of 6 inches below the pavement, and compacted to 90% of Modified Proctor Density for Portland Cement concrete pavement and to 95% of Modified Proctor Density for AaphaZtio Cement concrete pavement. 7.2 The Subgrade in fill shall be 909 of Modified Proctor Density except for the top 6 inches which shall meet the requirements for the appropriate surface material. II -2 0 (90k r SECTION III SIDEWALKS III -1.0 Width 1,1 Sidewalks shall be a minimum of 4 feet in width except in the Central Business District or in other areas specifically approved by the City where the width may be•greater. 1.2 Sidewalks shall be located 1 foot from the property line. I1I-2.0 Cross Slope 2.1 All sidewalks shall slope to the street at a rate of 1/4 inch per foot. 2.2 Sidewalks shall be required on both sides of all streets except industrial streets, 2.3 The street edge of the sidewalk surface shall be located above the curb 1/3 inch for every foot horizontally from the curb. 111-3.0 Material and Thickness 3.1 Sidewalks shall he constricted of four inch thick non -reinforced Portland Cement concrete conforming to the Iowa State Highway Commission C-3 mix. 3.2 Sidewalks crossing driveways shall be constructed of 6 inch non -reinforced Portland Cement concrete conforming to the Iowa State Highway Commission C-3 mix. III -4.0 Curb Ramps 4.1 All sidewalks shall provide a curb ramp for accommodation of the handicapped at all intersections. 4.2 Curb ramps shall be located in line with the public sidewalk as shown in Figure 20. 4.3 Curb ramps shall be at least 48 inches wide and should be sloped at not greater than one inch of rise per twelve inches lineal_. distance. A slope no greater than one inch of rise per eight inches lineal distance may be used where necessary. 4.4 Ramps shall be sloped from the sidewalk intersection to the curb as shown in Figure 20. SECTION IV L' DRIVEWAYS IV -1.0 Driveway Material and Thickness 1.1 The driveway slab extending from the street to private property shall be constructed of non -reinforced Portland Cement concrete L' conforming to the Iowa State Highway Commission C-3 or M-3 mix 6 inches in thickness. 1.2 All driveways shall have one inch preformed expansion at front Land back of sidewalk. IV -2,0 Driveway Width 2.1 Maximum curb opening along any street shall be 42 feet. L 2,2 Except as noted in 2.3 below, the maximum driveway width shall L not exceed 24 feet as measured along the street side of the sidewalk line. 2.3 On streets marked as permanent state or federal highway roads, a driveway may he constructed with a maximum width of 36 feet as measured along the street side of the sidewalk line. J IV -3.0 Driveway Location 3.1 No portion of a driveway except the curb return shall be constructed within 20 feet of a corner and in no case closer than [^j 3 feet to the property line as extended. See Figure 5 for typical driveway locations. 3.2 Where more than one driveway approach on a street front serves a single parcel of land, there shall be at least 20 feet of space between driveways. IV -1 JA SECTION V 1, WATER DISTRIBUTION SYSTEM V-1.0 Pipe Standards 1.1 All mains shall be a minimum of 6 inches in diameter. A larger size may be required depending upon water demand and fire flows. r !w 1.2 All water mains shall be constructed of Class 22 pipe or if greater than 12 inches in diameter, Class 23 cast iron pipe. The use of ductile pipe will be permitted in certain instances and required where there is a possibility of settlement of the pipe such as where a water main may cross over an old sewer trench or where a main may be located under some type of structure. 1.3 Either mechanical joint or push -on joints will be permitted. �e V-2.0 System Design ti 2.1 A cast iron pipe coefficient of C = 100 in the flazen-Williams formula shall be used for original design. F, 2.2 All mains shall be looped except for short runs to serve cul-de- sacs where the distance is less than 1,000 feet. 2.3 Thrust blocks shall be designed and used whenever there is a change in direction (either horizontal or vertical), change of 4, diameter, or at dead ends. The thrust block shall be concrete with the concrete formed between the fitting and the undisturbed trench wall. 2.4 Valves shall be installed as follows: 3 at each cross connection, C 2 at each tee connection, and one on each hydrant branch. The frequency of valve installation shall be such that in the.event of a main break, not more than 800 feet of main in residential areas or 400 feet of main in commercial areas will be shut off �• to isolate the leak. 2.S Fire hydrant spacing will be on an average distance of 800 feet which will generally mean one hydrant for every two blocks in L residential areas and one hydrant per block in commercial and• industrial areas. Fj 2.6 Water mains will not be laid under a building. 2.7 {Vater mains may be laid in pedestrian malls or in alleys. 2.8 No mains shall pass through or come into contact with any part of a sewer manhole. I V-1 0 L E j Ra I� L, 0 L L L H E L 0" V-3.0 Fire Flows in Commercial and Industrial Districts 3.1 The distribution system shall be designed so that the minimum pressure at any junction during maximum fire flow will be 20 psi. 3.2 Nigh service pumping will be available during the fire demand with an effective pressure of 105 psi at the Water Treatment Plant. V-4.0 Installation of Mains 4.1 Water mains shall have a minimum cover of 5 feet measured from the top of the pipe to the ground to prevent freezing. 4.2 Under normal conditions water mains shall be laid at least 10 feet horizontally from any sanitary sewer, storm sewer or sewer manhole. The distance shall be measured edge -to -edge of pipe. 4.3 Under unusual conditions a water main may be laid closer to a storm or sanitary sewer provided that: a) The bottom of the water main is at least 18 inches above the top of the sewer; or b) where this vertical separation cannot be obtained, the sewer shall be constructed of materials and with joints that are equivalent to water main standards of construction and shall be pressure tested to assure watertightness prior to backfilling. 4.4 Under normal conditions water mains crossing storm, sanitary or house -sewers shall be laid to provide a separation of at least 18 inches between the bottom of the water main and the top of the sewer. 4.5 Under unusual conditions where 18 inches vertical separation as described in the above section cannot be maintained, the following construction shall be used: a) Sewers passing over or under water mains should be constructed of materials described in Item V-1.2. b) Water mains passing under sewers shall, in addition, be protected by providing: 1) a vertical separation of at least 18 inches between the bottom of the sewer and the top of the water main; or 2) adequate structural support for the sewers to prevent excessive deflection of joints and settling on and breaking the water mains; or V-2 3) that the length of the water pipe be centered at the point of crossing so that the joints will be equidistant and as far as possible from the sewer. V-5.0 Proper Backfilling 5.1 Where the water line crosses an existing or proposed sidewalk or street, the trench shall be backfilled with a suitable material compacted to 90% of Modified Proctor Density. V-3 J 0 L 7 L I SECTION VI SANITARY SEWERS VI -1.0 Type of Flows Permitted 1.1 All sewage flows shall be based on the future projected land use for the area under consideration. 1.2 Sanitary sowers and storm sowers shall be kept separate. No combined sewers shall be constructed. 1.3 Nothing shall be permitted in the sanitary sewers except sewage. This means that footing drains, downspouts, sump pwrrpa, etc. wiZZ not be allowed to discharge into the sewer system. Air conditioning condensation water is aZZowed in the sanitary sewer. VI -2.0 Design Flows 2.1 All sewers shall have a slope that will give a mean velocity, ,7 when flowing full, of not loss than 2.0 feet per second based on Kutters formula using an "N" value of 0.013, 2.2 Sewage flows will be based on peak rates with the pipe flowing full which will be taken as approximately 2.5 times the normal flow. Infiltration will be allowed for by the addition of 100 gallons per capita per day, L2.3 The peak wet weather flows for various usage are as follows: a) Dwellings 1) Single Family (100 gal/cap day) x 2.5(peak factor)+ 100 gal/cap day (infiltration) ■ 350 gpcp 2) Mobile Homes (50 gal/cap day) x 2.5 (peak factor)+ 100 gal/cap day (infiltration) • 225 gpcp '7 3) Milti Family (75 gal/cap day) x 2.5(peak factor)+ 100 gal/cap day (infiltration) - 287 gpcp 4) Motels and Hotels (50 gal/cap day) x 2.5(peak factor)+ 100 gal/cap day F (infiltration) - 225 gpcp 1� b) Schools 1� 1) Without , cafeteria or showers L (10 gal/cap day) x 2.5 (peak factor)+ 100 gal/cap day (infiltration) 125 gpcp hsi VI -1 2) With , cafeteria and showers (20 gal/cap day) x 2.5(peak factor)+ 100 gal/cap day L(infiltration) c 150 gpcp c) Office Buildings (10 gnl/cup day) x 2.5(peak factor)+ 100 gal/cap day (infiltration) - 125 gpcp d) Light Industrial (14,000 gal/acre day) x 2.5(peak factor)+ 1200 gal/acre day 1- (infiltration) - 36,200 gpap '+ gpcpd - gallons per capita per day gpapd - gallons per acre per day 2.4 Where velocities greater than 15 feet per second are.attained special provision shall be made to protect against displacement, erosion or shock. 2.5 When a smaller sewer joins a larger one, the invert of the larger 1• sewer shall be lowered sufficiently to maintain the same energy gradient. An approximate method for securing these results is to place the 0.8 depth point of both sewers at the same elevation. VI -3.0 pipe Standards 3.1 Extra strength vitrified clay pipe shall be used for sanitary sewers 15 inches in diameter or less. Reinforced concrete pipe shall be used for sewers larger than 15 inches. Special conditions may require the use of reinforced concrete pipe for diameters smaller than 15 inches or the use of cast iron pipe. Pipe will be of sufficient strength to support the superimposed loads. 3.2 All sanitary sewers shall be a minimum of 8 inches in diameter. L3.3 1n general, sanitary sowers shall be sufficiently deep so as to receive sewage by gravity from basements as well as to prevent freezing. 3.4 Sanitary sewer joints shall be designed to minimize infiltration and to prevent the entrance of roots. Allowable infiltration (� shall not exceed 500 gallons per inch diameter per mile per day. 3.5. A 4 -inch diameter service wye of a material equal in quality to I the main sewer shall be installed wherever a residential service connection is anticipated. House services connected with tees are not acceptable, ' VI -4.0 Manhole Standards L4.1 Manholes shall be'installed as follows: a) at the end of each line; VI -2 b) at all changes in grade, size, or alignment; Lc) at all intersections; and d) at distances not greater than 400 feet for sewers 15 inches or less in diameter and 600 feet for sewers 18 inches to d 30 inches. Greater spacing may be permitted in larger sewers and in those carrying a settled effluent. J L L L M E L L L 4.2 A drop pipe shall be provided for a sewer entering a manhole at an elevation of 24 inches or more above the manhole invert. Where the difference in elevation between the incoming sewer and the manhole invert is less than 24 inches the invert shall be filleted to prevent solids deposition. 4.3 The minimum diameter of manholes shall be 48 inches. The minimum diameter of the opening at the top of the manhole shall be 23 inches. 4.4 The flow channel through sanitary sewer manholes shall be made to conform in shape and slope to that of the sewers. 4.5 Standard manholes, drop connection and riser are shown in Figures 6, 7, 8 and 9. VI -5.0 Protection of Water Supplies 5.1 There shall be no physical connection between a public or private potable water supply system and a sewer appurtenance which would permit the passage of any sewage or polluted water into the potable supply. 5.2 Whenever possible, sewers should be laid at least 10 feet,' horizontally, from any existing or proposed water main. Should local conditions prevent a lateral separation of 10 feet, a sewer may be laid closer than 10 feet to a water main if: a) it is laid in a separate trench; b) it is laid in the same trench with the water mains located at one side on a bench of undisturbed earth; or c) in either case the elevation of the crown of the sewer is at least 18 inches below the invert of the water main. 5.3 5.3 Whenever sewers must cross under water mains, the sewer shall -be laid at such an elevation that the top of the sewer is at least 18 inches below the bottom of the water main. 5.4 When the elevation of the sewer cannot be buried to meet the above requirements, the water main shall be relocated to provide this separation or reconstructed with slip-on or mechanical -joint cast iron pipe, for a distance of 10 feet on each side of the sewer. One full length of water main should be centered over the sewer so that both joints will be as far from the sewer as possible. VI -3 02ft e VI -6.0 Proper Backfilling 6.1 Where the sewer crosses an existing or proposed sidewalk or street, the sewer trench shall he backfilled with a suitable material compacted to 90% modified Proctor Density. 6.2 Normally the pipe shall be Class "C" bedded with hand tamping around the lower half of the pipe. If severe sub -grade conditions are encountered the Engineer shall direct Type "B" bedding to be used. Class "C" and Class "B" bedding is as shown in Figure 10. VI -4 0 L 7 E SECTION VII STORM SEWERS VII -1.0 Design Flows 1.1 Storm water flows shall be based on the "Rational Formula", Q - CIA where C is the coefficient of runoff, I is the rain intensity in inches per hour, and A is the area in acres. 1.2 Depending upon the area through which the storm sewer will be L constructed the sewer will be designed for a 5 year storm. In high risk areas the storm sewer may be designed for a 10 year storm. 1.3 All sewers shall have a slope that will give a mean velocity, when flowing full, of not less than 2.0 feet per second based on Kutters formula using an "N" value of 0.013. L1.4 Where velocities greater than 15 feat per second are attained special provision shall be made to protect against displacement, " erosion or shock. r V11-2.0 Inlet and Pipe Design Standards 2.1 Inlets and pipes shall be located and sized so that the following r conditions are met: F� a) For a 5 year storm: " 1) Streets, except for arterials, shall have one 12 - foot traffic lane free of storm water flowing or ponded in the gutter. Arterial streets shall have two traffic lanes free of storm water. 2. Approximately 802 of aZZ storm water from a street 11•" above an intersection ahaZZ be intercepted. 3) Accesses to the buildings along pedestrian malls shall be free of storm water. 4) Storm water from a pedestrian mall shall not flow across the sidewalks at either end of the mall. b) The final design shall be checked to ensure that in..a.50 year storm the depth of water in any street, alley, or pedestrian mall will not exceed the level at which it would flow over the curb or edge of slab of that street, 1y ly alley or pedestrian mall. 2.2 Curb type inlets shall be used in streets. Grate type inlets shall be used in alleys and pedestrian malls. The types of inlets to be used are shown in Figures 11, 120 13, 14, 15, 16 and 17. i:.i VII -1 L G L L L L fu,, L P•! L L L LI L Lt; 0" Oik VII -3,0 Pipe Standards 3,1 Storm sewer pipe will be reinforced concrete pipe unless special conditions require the use of cast iron pipe, The pipe will be a minimum of 2,000 0 strength to support superimposed loads. 3,2 All storm sewer pipe shall be a minimum of 12 inches in diameter. VII -4,0 Manhole Standards 4.1 Manholes shall be installed as follows; a) at the end of each line; b) at all changes in grade, size or alignment except for sewers 30 inches or greater in diameter which may he laid with changes in alignment without manholes; c) at all intersections; and d) at distances not greater than 400 feet for sewers 15. inches or less in diameter and 600 feet for sewers 18 inches to 30 inches. Greater spacing may be permitted in larger sewers and in those carrying a settled effluent. 4.2 The minimum diameter of manholes shall be 48 inches. The minimum diameter of the opening at the top of the manhole shall be 23 inches. 4,3 The flow channel through storm sewer manholes shall be made to conform in shape and slope to that of the sewers. 4.4 Standard manholes are shown in Figures 6 and 7. 4.5 When a smaller sewer joins a larger size pipe, the invert of the larger sewer should be lowered sufficiently to maintain the same energy gradient. An approximate method for securing this result is to place the 0.8 depth point of both sewers at the same ele- vation. VII -5.0 Protection of Water Supplies 5.1 There shall be no physical connection between a public or private potable water supply system and a sewer, or appurtenance thereto - which would permit the passage of any sewage or polluted water into the potable supply. . 1. 5.2 Whenever possible, sewers should be laid at least 10 feet, horizontally, from any existing or proposed water main. Should local conditions prevent a lateral separation of 10 feet, a sewer may be laid closer than 30 feet to a water main if; a) it is laid in a separate trench; VII -2 (a VII -6.0 Proper Backfilling 6.1 Where the sewer crosses an existing or proposed sidewalk or 3 street, the sewer trench shall be backfilled with a suitable material compacted to 906 of Modified Proctor Density, 6.2 Normally the pipe shall be Class "C" bedded with hand tamping �a around the lower half of the pipe. If severe sub -grade conditions are encountered the Engineer shall direct Class "B" bedding to be used. Class "B" and Class "C" bedding are as shown in Pigure 10. L6.3 If granular material is used for backfilling aZZ storm sewer Joints shaZZ be seaZed with asphaZtia material. VII -7.0 Requirements for Storm Sewer C 7.1 All storm drainage will normally be carried in an enclosed storm sewer. Open channel flow is permitted only under special circum- stances and with specific approval of the City Engineer. U N L 2!� �'• VII -3 b) it is laid in the same trench with the water mains located at one side on a bench of undisturbed earth; or c) in either case the elevation of the crown of the sewer is at least 18 inches below the invert of the water main. R 5.3 Whenever sewers must cross under water mains, the sewer shall be laid at such an elevation that the top of the sewer is at least 18 inches below the bottom of the water main. 5.4 When the elevation of the sewer cannot be buried to meet the above requirements, the water main shall be relocated to provide r3 this separation or reconstructed with slip-on or mechanical -joint cast iron pipe, for a distance of 10 feet on each side of the sewer. One full length of water main should be centered over the sewer so that both joints will be as far from the sewer as possible. (a VII -6.0 Proper Backfilling 6.1 Where the sewer crosses an existing or proposed sidewalk or 3 street, the sewer trench shall be backfilled with a suitable material compacted to 906 of Modified Proctor Density, 6.2 Normally the pipe shall be Class "C" bedded with hand tamping �a around the lower half of the pipe. If severe sub -grade conditions are encountered the Engineer shall direct Class "B" bedding to be used. Class "B" and Class "C" bedding are as shown in Pigure 10. L6.3 If granular material is used for backfilling aZZ storm sewer Joints shaZZ be seaZed with asphaZtia material. VII -7.0 Requirements for Storm Sewer C 7.1 All storm drainage will normally be carried in an enclosed storm sewer. Open channel flow is permitted only under special circum- stances and with specific approval of the City Engineer. U N L 2!� �'• VII -3 M I I 11 i y y OU e SECTION VIII TRAFFIC CONTROL SIGNALS VIII -1.0 Number of Lenses per Signal Face 1.1 Each signal face, except in pedestrian signals, shall have at least three lenses, but not more than five. The lenses shall be red, yellow or green in color, and shall give a circular or arrow type of indication. Allowable exceptions to the above are: 1.1.1 Where a single section green arrow lens is used alone to indicate a continuous movement. 1.1.2 Where one or more indications are repeated for reasons of safety or impact. VIII -2.0 Size and Design of Signal Lenses 2.1 The aspect of all signal lenses, except in pedestrian signals, shall be circular. There shall be two sizes for lenses, 8 inches and 12 inches nominal diameter. 2.2 Twelve -inch lenses normally should be used: 2.2.1 For intersections with 85 percentile approach speeds exceeding 40 mph. 2.2.2 For intersections where signalization might be unexpected. 2.2.3 For special problem locations, such as those with conflicting or competing background lighting. 2.2.4 For intersections where drivers may view both traffic con- trol and lane -direction -control signs simultaneously. 2.2.5 For all arrow indications. Arrows shall be pointed vertically upward to indicate a straight - through movement and in a horizontal direction to indicate a turn at approximately right angles. When the angle of the turn is substantially different from a right angle, the arrow should be positioned on an upward slope at an angle approximately equal to that of the turn. Each arrow lens shall show only one arrow direction. The arrow' shall be the only illuminated part of the lens visible. In no case shall letters or numbers bo displayed as part of a vehicular signal indication. VIII -1 I 0;;;k ;� B VIII -3.0 Number and Location of Signal Faces 3.1 The visibility, location and number of signal faces for each approach to an intersection or a mid -block crosswalk shall be as follows: VIII -2 3.1.1 A minimum of two signal faces for through -traffic shall be provided and should he continuously visible from a point at least the following distances in advance of and to the stop line, unless physical obstruction of their visibility exists: 85 Percentile Minimum Visibility Speed Distance (Ft.) 20 100 25 175 30 250 35 325 40 400 45 475 3.1.2 Where physical conditions prevent drivers from having a continuous view of at least two signal indications as specified herein, a suitable sign shall be erected to warn approaching traffic. It may be supplemented by a Hazard Identification Beacon. A beacon utilized in this �r manner may be interconnected with the traffic signal con- troller in such a manner as to flash yellow during the period when drivers passing this beacon, at the legal speed for the roadway, may encounter a red signal upon arrival at the signalized location. 3.1.3 A single signal face is permissible for the control of an exclusive turn lane. Such a signal face shall be in addition to the minimum of two signal faces for through - traffic. When the indications of a separate signal face or faces controlling an exclusive turn lane will also be visible to traffic with other allowable movements, a sign LEFT (or RIGHT) TURN SIGNAL shall be located adjacent to such signal face. When the face consists entirely of arrow indications, such a sign is not required. 3.1.4 Except where the width of the intersecting street or other conditions make it physically impractical, at least one and preferably both of the signal faces required by A paragraph 3.1.1 above shall be located not less than 40 >; feet nor more than 120 feet beyond the stop line. Where " both of the signal faces required by paragraph 3.1.1 above are post -mounted, they shall both be on the far side of r the intersection, one on the right and one on the left or D on the median island if practical. The signal face re- quired by paragraph 3.1.3 above shall conform to the same location requirements as the signal faces required by paragraph 3.1.1 to the extent practical. VIII -2 At signalized mid -block crosswalks, there should be at least one signal face over the traveled roadway for each approach. In other respects, a traffic control signal at a mid -block location shall meet the requirements sot forth herein. e - VIII -3 3.1.5 Except where the width of the intersecting street or other conditions make it physically impractical, at least one and preferably both of the signal faces re- quired by paragraph 3.1.1 above shall be located between two lines intersecting with the center of the approach lanes at the stop line, one making an angle of approximately 20 degrees to the right of the center of the approach extended, and the other making an angle of approximately 20 degrees to the left of the center of the approach extended. 3.1.6 Near -side signals should be located as near as practicable to the stop line. 3.1.7 Where a signal face controls a specific lane or lanes of approach, its transverse position should be unmistakably in line with the path of that movement. 9� .3.1.8 Required signal faces for any one approach shall be not 99 less than eight feet apart measured horizontally between centers of faces. 3.1.9 When the nearest signal face is more than 120 feet beyond the stop line, a supplemental near side signal indication y shall be provided. 3.1.10 A signal face mounted on a span wire or mast arm should be located as near as practicable to the line of the driver's normal view. Ki 3.1.11 Supplemental signal faces should be used when an engineering study has shown that they are needed to achieve both advance and immediate intersection visibility. When used, they should be located to provide optimum visibility for the movement to be controlled. The following limitations apply; l 1 a. Left turn arrows shall not be used in near -right faces. b. Right turn arrows shall not be used in far -left faces. A far -side median mount signal shall be considered as a far -left signal for this application. At signalized mid -block crosswalks, there should be at least one signal face over the traveled roadway for each approach. In other respects, a traffic control signal at a mid -block location shall meet the requirements sot forth herein. e - VIII -3 u 9 j B :i VIII -4.0 Height of Signal Faces 4.1 The bottom of the housing of a signal face, not mounted over a roadway, shall not be less than 8 feet nor more than 15 feet above the sidewalk or, if none, above the pavement grade at the center of the highway as shown in Figure 18. The bottom of the housing of a signal face suspended over a roadway shall not be less than 15 feet nor more than 19 feet above the pavement grade at the center of the roadway as shown in Figure 18. Within the above limits, optimum visibility and adequate clearance should be the guiding considerations in deciding signal height. Grades on approaching streets may be important factors, and should be considered in determining the most appropriate height. VIII -5.0 Transverse Location of Traffic Signal Supports and Controller Cabinets 5.1 In the plavement of signal supports, primary consideration shall be given to ensuring the proper visibility of signal faces as described in sections VIII -3.0 and VIII -4.0. However, in the interest of safety, signal supports and controller cabinets should be placed as far as practicable from the edge of the traveled way without adversely affecting signal visibility. 5.2 Supports for post -mounted signal heads at the side of a street with curbs shall have a horizontal clearance of not less than 4 feet from the face of a vertical curb. Where there is no curb, supports for post -mounted signal heads shall have a horizontal clearance of not less than two feet from the edge of a shoulder, within the limits of normal vertical clearance. A signal support should not obstruct a crosswalk. VIII -6.0 Warrants for Traffic Signals 6.1 A comprehensive investigation of traffic conditions and physical characteristics of the location is required to determine the necessity for a signal installation and to furnish necessary data for the proper design and operation of a signal that is found to be warranted. Such data desirably should include: 6.1.1 The number of vehicles entering the intersection in each hour from each approach during 16 consecutive hours of a representative day. The 16 hours selected should contain• the greatest percentage of the 24-hour traffic. 6.1.2 Vehicular volumes for each traffic movement from each approach, classified by vehicle type (heavy trucks, passenger cars and light trucks, and public -transit ve- hicles), during each 15 -minute period of the two hours in the morning and of the two hours in the afternoon during which total traffic entering the intersection is greatest. VIII -4 A 01A fk W 6.1.3 Pedestrian volume counts on each crosswalk during the same periods as the vehicular counts in paragraph 6.1.2 above and also during hours of highest pedestrian volume. Where young or elderly persons need special consideration, the pedestrians may be classified by general observation and recorded by age groups as follows: a. under 13 years b. 13 to 60 years c, over 60 years 6.1.4 The 85 -percentile speed of all vehicles on the uncontrolled approaches to the location. 6.1.5 A conditions diagram showing details of the physical lay- out, including such features as intersectional geometries, channelization, grades, sight -distance restrictions, bus stops and routings, parking conditions, pavement markings, street lighting, driveways, location of nearby railroad crossings, distance to nearest signals, utility poles and fixtures, and adjacent land use. 6.1.6 A collision diagram showing accident experience by type, location, direction of movement, severity, time day, of date, and day of week for at least one year. 6.1.7 The following data are also desirable for a more precise understanding of the operation of the intersection and may be obtained during the periods specified in 6.1.2 above: 1 a. Vehicle -seconds delay determined separately for each approach. b. The number and distribution of gaps in vehicular traffic on the major street when minor -street traffic finds it possible to use the intersection safely. c. The 85 -percentile speed of vehicles on controlled approaches at a point near to the intersection but unaffected by the control. d. Pedestrian delay time for at least two 30 -minute peak pedestrian delay periods of an average week- day or like periods of a Saturday or a Sunday. 6.2 An investigation of the need for traffic signal control should in- clude where applicable, at least an analysis of the factors con- tained in the following warrants: Warrant 1 - Minimum vehicular volume. Warrant 2 - Interruption of continuous traffic. Warrant 3 - Minimum pedestrian volume. Warrant 4 - School crossings. Warrant 5 - Progressive movement, Warrant 6 - Accident experience. Warrant 7 - Systems. Warrant 8 - Combination of warrants, VTTT-S 6.2.2 Warrant 2, Interruption of Continuous Traffic The Interruption of Continuous Traffic warrant applies to operating conditions where the traffic volume on a major street is so heavy that traffic on a minor intersecting suffers excessive delay or hazard in entering or crossing the major street. The warrant is satisfied when, for each of any 8 hours of an average day, the traffic volumes given in the table below exist on the major street and on the higher -volume minor -street approach to the intersection, and the signal installation will not seriously disrupt progressive traffic flow. :u VIII -6 WNW 6.2.1 Warrant 1, Minimum Vehicular Volume The Minimum Vehicular Volume warrant is intended for application where the volume of intersecting traffic is the principal reason for consideration of signal installation. The warrant is satisfied when, for each of any 8 hours of an average day, the traffic volumes given in the table below exist on the major street and on the higher -volume minor -street approach to the inter- section. MINIMUM VEHICULAR VOLUMES POR WARRANT 1 Vehicles per hour Vehicles per hour on higher -volume Number of lanes for moving on najor street minor -street ap- traffic on each approach (total of both ap- proach (one di - Major Street Minor Street proaches) rection only) 1 ----------- 1 ---------- 500 150 2 or more --- 1 ---------- 600 150 2 or more --- 2 or more -- 600 200 1 ----------- 2 or more -- 500 200 These major -street and minor -street volumes are for the same 8 hours. During those 8 hours, the direction of higher volume on the minor street may be on one approach during some hours and on the opposite approach during other hours. When the 85 -percentile speed of major -street traffic exceeds 40 miles per hour, or when the intersection lies within the built-up area of an isolated crnu¢unity having a population of less than 10,000, the minimum vehicular volume warrant is 70 percent of the requirements above (in recognition of ;n differences in the nature and operational characteristics of traffic in urban and rural environments and smaller municipalities). 6.2.2 Warrant 2, Interruption of Continuous Traffic The Interruption of Continuous Traffic warrant applies to operating conditions where the traffic volume on a major street is so heavy that traffic on a minor intersecting suffers excessive delay or hazard in entering or crossing the major street. The warrant is satisfied when, for each of any 8 hours of an average day, the traffic volumes given in the table below exist on the major street and on the higher -volume minor -street approach to the intersection, and the signal installation will not seriously disrupt progressive traffic flow. :u VIII -6 i 1 H M s I 0 1* MINIMUM VEHICULAR VOLUMES FOR WARRANT 2 Number of lanes for moving traffic on each approach Major Street Minor Street Vehicles per hour on major street (total of both ap- proaches) Vehicles per hour on higher -volume minor -street ap- proach (one di- rection only) I ----------- 1 ---------- 750 75 2 or more --- 1 ---------- 900 75 2 or more --- 2 or more -- 900 100 1 ----------- 2 or more -- 750 100 These majcr-street and minor -street volumes are for the same 8 hours. During those 8 hours, the direction of higher volume on the minor street may be on one approach during some hours and on the opposite approach during other hours. When the 85 -percentile speed of major -street traffic exceeds 40 miles per hour, or when the intersection lies within the built-up area of an isolated community having a population of less than 10,000, the interruption of continuous traffic warrant is 70 percent of the requirements above (in recog- nition of differences in the nature and operational char- acteristics of traffic in urban and rural environments and smaller municipalities). i; 4 VIII -7 6.2.3 Warrant 3, Minimum Pedestrian Volume The Minimum Pedestrian Volume warrant is satisfied when for each of any 8 hours of an average day, the following traffic volumes exist: a. On the major street, 600 or more vehicles per hour {; enter the intersection (total of both approaches); ti or where there is a raised median island 4 feet -or more in width, 1,000 or more vehicles per hour (total of both approaches) enter the intersection on the 1 major street;.and b. During the same 8 hours as in paragraph (a) there are 150 or more pedestrians per hour on the highest volume crosswalk crossing the major street. When the 85 -percentile speed of major -street traffic exceeds 40 miles per hour, or when the intersection lies within the built-up area of an isolated community having a population of less than 10,000, the minimum pedestrian volume warrant is 70 percent of the requirements above (in recognition of differences in the nature and operational characteristics of traffic in urban and rural 36 environments and smaller municipalities). i; 4 VIII -7 A signal installed under this warrant at an isolated ■ intersection should be of the traffic -actuated type with push buttons for pedestrians crossing the main street. If such a signal is installed at an intersection within a signal system, it should be equipped and operated with control devices which provide proper coordination. Signals installed according to this warrant shall be equipped with pedestrian indications conforming to re- quirements set forth in other sections of this Manual. it P d A Signals may be installed at nonintersection locations (mid -block) provided the requirements of this warrant are met, and provided that the related crosswalk is not closer than 150' to another established crosswalk. Curb- side parking should be prohibited for 100' in advance' of and 20' beyond the crosswalk. Phasing, coordination, and installation must conform to standards set forth in this Manual. Special attention should be given to the signal head placement and the signs and markings used at nonintersection locations to be sure drivers are aware of this special application. 6.2.4 Warrant 4, School Crossing A traffic control signal may be warranted at an established school crossing when a traffic engineering study of the frequency and adequacy of gaps in the vehicular traffic stream as related to the number and size of groups of school children at the school crossing shows that the number of adequate gaps in the traffic stream during the period when the children are using the crossing is less than the number of minutes in the some period. When traffic control signals are installed entirely under this warrant: a. Pedestrian indications shall be provided at least for each crosswalk established as a school crossing. b. At nn intersection, the signal normally should be traffic -actuated. As a minimum, it should be semi - traffic -actuated, but full actuation with detectors on all approaches may be desirable. Intersection in- stallations that can be fitted into progressive signal systems may have pretimed control. c. At non -intersection crossings, the signal should be pedestrian -actuated, parking and other obstructions to view should be prohibited for at least 100 feet in advance of and 20 feet beyond the crosswalk, and,. the installation should include suitable standard signs and pavement markings. Special police super- vision and/or enforcement should be provided for a now non -intersection installation. VIII -8 6.2.5 Warrant 5, Progressive Movement Progressive movement control sometimes necessitates traffic to VIII -9 signal installations at intersections where they would not otherwise be warranted, in order to maintain proper grouping of vehicles and effectively regulate group speed. The Progressive Movement warrant is satisfied when: a. On a one-way street or a street which has predominantly unidirectional traffic, the adjacent signals are so far apart that they do not provide the necessary degree of vehicle platooning and speed control, or b. On a two-way street, adjacent signals do not provide the necessary degree of platooning and speed control and the proposed and adjacent signals could constitute a progressive signal system. The installation of a signal according to this warrant i should be based on the 85 -percentile speed unless an engineering study indicates that another speed is more desirable. The installation of a signal according to this warrant should not be considered where the resultant signal spacing would be less than 1,000 feet. 6.2,6 Warrant 6, Accident Experience The Accident Experience warrant is satisfied when: a, Adequate trial of less restrictive remedies with satisfactory observance and enforcement has failed to reduce the accident frequency; and b. Five or more reported accidents, of types susceptible a of correction by traffic signal control, have occurred within a 12 -month period, each accident involving s personal injury or property damage to an apparent extent of $100 or more; and c. There exists a volume of vehicular and pedestrian traffic not less than 80 percent of the requirements specified'either in the minimum vehicular volume warrant, or the minimum pedestrian volume warrant; and d. The signal installation will not seriously disrupt progressive traffic flow. Any traffic signal installed solely on the Accident Experience warrant should be semi -traffic -actuated (with control devices which provide proper coordination - if installed at an intersection within a coordinated system) and normally should be fully traffic -actuated q if installed at an isolated intersection. to VIII -9 iu 6.2.7 Warrant 7, Systems Warrant A traffic signal installation at some intersections may he warranted to encourage concentration and organization of traffic flow networks. The Systems warrant is applicable when the common inter- section of two or more major routes has a total existing, or immediately projected, entering volume of at least 800 vehicles during the peak hour of a typical weekday, or each of any five hours of a Saturday and/or Sunday. A major route as used in the above warrant has one or more of the following characteristics: a. It is part of the street or highway system that serves as the principal network for through traffic flow; ' b. It connects areas of principal traffic generation; c. .It includes rural or suburban highways outside of, entering or traversing a city; d. It has surface street freeway or expressway ramp terminals; e.. 1t appears as a major route on an official plan such as a major street plan in an urban area traffic and transportation study. 6.2.8 Warrant 8, Combination of Warrants In exceptional cases, signals occasionally may be justified where no single warrant is satisfied but where two or more of Warrants 1, 2 and 3 are satisfied to the extent of 80 percent or more of the stated 4 values. `y Adequate trial of other remedial measures which cause less delay and inconvenience to traffic should precede installation of signals under this warrant. 6.3 pedestrian signal indications shall be installed in conjunction with vehicular traffic signals (which meet one or more of the traffic signal warrants previously set forth) under any of the following conditions: 6.3.1 When a traffic signal is installed under the pedestrian volume or school crossing warrant. [� 6.3.2 When an exclusive interval or phase is provided or made - available for pedestrian movement in one or more dir6ctions, with all conflicting vehicular movements being stopped. 6.3.3 When vehicular indications are not visible to pedestrians such as in one-way streets, at "T" intersections; or when the vehicular indications are in a position which would adequately serve pedestrians. :j VIII-10 vrrr-11 6.3.4 At established school crossings at intersections signalized under any warrant, ' 6.3.5 Pedestrian signal indications also may be installed under any of the following conditions: v a. When any volume of pedestrian activity requires use of a pedestrian clearance interval to minimize vehicle -pedestrian conflicts or when it is necessary to assist pedestrians in making a safe crossing. b. When multi -phase indications (as with split -phase timing) would tend to confuse pedestrians guided only by vehicle signal indications. c. When pedestrians cross part of the street, to or from an island, during a particular interval (where they should not be permitted to cross another part ib of that street during any part of the same interval). vrrr-11 I J J q . ALL lP SECTION IX ROADWAY LIGHTING IX -1.0 Average Horizontal Footcandles 1.1 The following values of street lighting intensity are design objectives which should be met: Average Horizontal Footcandles Roadway Classification Area Classification Downtown Intermediate Outlying Arterial 2.0 1.2 0.9 as D IX -1 Collector 1.2 0.9 0.6 Local 0.9 0.6 0.2 1.2 The area classifications are defined as follows: a. Downtown That portion of a municipality in a business development where ordinarily there are large numbers of pedestrians and a heavy demand for parking space during periods of peak traffic or a sustained high pedestrian volume and a continuously heavy demand for off-street parking space during business and in- dustrial employment hours. This definition.applies to densely developed industrial and business areas outside of, ;? as well as those that are within, the central part of the municipality. b. Intermediate That portion of a municipality which is outside of a down- town area, but generally within the zone of influence of a business or industrial development, characterized often by a moderately heavy nighttime pedestrian traffic and a some- what lower parking turnover than is found is a downtown area. c. Outlying and Rural A residential development, or a mixture of residential and commercial establishments, characterized by few pedestrians -and a low parking demand or turnover. 1.3 All street lighting systems suffer loss of light output due to the natural aging of the light source itself, and are all subject to further loss due to the accumulation of dust and dirt on the luminaire. The design should allow for a normal maintenance factor in the sizing of the street lighting system. as D IX -1 1.3.1 The Horizontal footcandles can be calculated by the equation: Lamp Lumens(initial) x Coefficient Avg Horizontal Footcandle ■ of Utilization x maintenance factor m nn re spat ng x Road w t .. The coefficient of utilization can be determined from the following graph: H L A n RATIO TRANSVERSE DISTANCE MOUNTING HEIGHT IX -2.0 Current Installation Practice j 2.1 The required lumen output and mounting height is as follows: Roadway Classification Luminaire Mounting Height Local 7000 lumen ASA Type III 26 ft. Collector 10,000 lumen ASA Type III 28 ft. Arterial 20,000 lumen ASA'Type III 30 ft. 2.2 The general criteria for the location of street lights are as follows: 2.2.1 A street light at all intersections. 2.2.2 Street lights at mid -block locations if the blocks are y more than 600 feet in length. 3 2.2.3 Closer spacing of street lights in problem areas such as major arterials or high pedestrian areas, as determined by an engineering study. `� IX -2 t cmc• r...ae easa t:mc mei cff_sj umm 20M.1 Elk" tes rrla 1®.1 r.® t-s:i r�r �±—F.`•'tii L 31' 39 43' 45 M D 24 i 5. 116 yyron h-3 H 5• M H K H M� t M VH• Eva H s Mori G�tpy� O.•,�3 vcO �0 NH.G m Z H to O. H �a00 •h' b rn L 31' 39 43' 45 49' D 24 i 5. 116 4-1. 5• 1 s CROWN FOR TYPICAL STREET WIDTHS 13) 1 a NOTE: PROVIDE EXPANSION JOINTS EVERY 150' & CONTRACTION JOINTS EVERY 15' TYPE "A' ASPHALTIC CONCRETE 'SURFACE COURSE W/ TACK COAT T2OO PLACE 1/4" HIGH lop VARIES ; b;°; .:C+ �p; 1 .•o�'G;::l'.ly s�'I; :Q �\1°��°e •� .� ,v,•'p,:�',;ti' (]o Rp•,�;"''x'0.1,®' TYPE "B' ASPHALTIC CONCRET9 BASE COURSE u M, C 0 CITY OF IOWA CITYp IOWA DEPARTMENT OF PUBLIC WORKS ENGINEERING DIVISION TYPICAL 30"•CURB & GUTTER Figure 2 1 I ` 20.E � *•.4• r�� � _ a1 �,,, .;'Q'• to d cl DETAIL OF INTEGRAL ROLL CURB t 3. Rpm ,•a. P • - 1 _L 35 R�:o,A. n•',a I d , s •D• � DETAIL OF INTEGRAL CURB 0 CITY OF IOWA CITY, IOWA DEPARTMENT OF PUBLIC WORKS ENGINEERING DIVISION TYPICAL CURB CROSS-SECTION Figure 3 sl I '1 Im ad Ed WRIGHT OF WAY I 16 ol FOR RESIDENTIAL ALLEY,' 201 FOR COMMERCIAL ALLKY CITY OF IOWA CITYr IOWA DEPARTMENT OF PUBLIC TIORKS ENGINEERING DIVISION TYPICAL ALLEY CROSS—SECTION Figure 4 42,STATE OR FEDER13HWAY n MAX---�—i� z �r MAX 9e MI N Id 36r A OT, LIM SERVICE STATION ON A CORNER SITE LOT LINO 1 w cr W I I— ul Tg] OT' LIIR. RC510tNT1AL.ORIVE 17 CITY OF IOWA CITY, IOWA DEPARTMENT OF PUBLIC WORKS ENGINEERING DIVISION DRIVEWAY DIAGRAM 0 C• I• Me71hole Fra -me and Cover (es reeuired) ileenah'R-1670 (seiid) Nee»a h R- 2500 (to --444 or equo 1. Grout frame :!o Ma»hole Walls Seep .D (See detail) :�•"" Seeps are -rot '•a ti required it storm sewer-mck-hholes r' /era fh*-" 3' ft de•A Nee" -h R- /9809 or atuel B1/CH or concrefe oe required fo Max. of 4" to meef 5ereef grade. line. Streef 9)-o:de line P-4••' Max. hei$hf o•F spacer e;wys, includi7j C.1. Ma'nhole Frame. �.:.: •• Flat Top "S'`Cemewt srarta► Joints uoith rubbe► BasHet os17 e! N or told b%tamrnous con-; .;.• N pound jaiwts made ire 54-ne 777077ner as Sewer 5" pipe ,10%nts alith 6" Strip a °' 41 N 7"asfi[ paint around d!^, C+ w o u outside of joint - r o 0 / 2 -n i -r. • : i 0 4� 7nwr. ;:� c •` •r; E 0 U t1 U 0 '1 Q F 4' dia. for 24• Pipe 1 Under •D•' •0 dlo. for over 4 ice ;:� q I' OD -VVi STEP DETAIL CITY OF IOWA CITY, I011A DEPARTMENT OF PUBLIC WORKS ENGINEERING DIVISION TYPICAL MANHOLE 6' OR LESS IN DEPTH Figure 6 CDE et STEP DETAIL CITY OF IOWA CITY, I011A DEPARTMENT OF PUBLIC WORKS ENGINEERING DIVISION TYPICAL MANHOLE 6' OR LESS IN DEPTH Figure 6 0,01 -Street 9r•ada line or M C.I. Manhole fram` — 6rout6a7neto7mrnhole walls and cover (an rwfmimO: �. Brick OF coacreie as Neenah R-tMO (solid)23 topired :• '.: to Max. of 4 to IVaer/ah R•2500 (pni.d)!;.',• `i1..•,, 7neet street grade lire, Or SJUG l ./:•': 2'- 0°' .?,.�• 24- Ma X. h•/yhf of I. s:;;•; spacer rirrys , ;wclad%n9 1 C. I. Manhole Ring. 0'1 CoMent7nottakjornts10;thr'o`r• 'A tubber gasket as shown or cold bituminous com- pound ,%o/nts made ; ;m• Same mavnor as See+er a Vj p/pe✓o/nts with 6" strip MaSPC palnt around 0� o outside of joint r. • a:% h o Seep o.0 6 rna X, (See detail, `o SY`eps ara trot~u reguircd J„ storm.•': ,':; sewol 7n4nholes f dia, for 2+" e s 1lnder, y less thsn 3 ft ::,;; n. o► over lr. ••. �i•;j .; •�• ;iQ1 '. .o •:'. �'. ,�•�" :tip: FA COE I ' '�i•'�.� .� ••�', r p. b'� ,'o.•p •j �, �•,• •,•x;;°0;7,0. /0'° / Nee»ah R- MOE !.:i "e°;;� ;',•, �m� � CITY OF IOWA CITY/ IOWA or 411val IV DEPARTMENT OF PUBLIC WORKS .•,'••.:;.;a e: •o•;-:.; ' 9'• ENGINEERING DIVISION TYPICAL MANHOLE 6' OR MORE STEP DETAIL IN DEPTH Figure 7 Or - Standard Vi�rified Tee Drop connec-/ion to be tRsab nor a// p/pe enter/nrna7- 701es more -/ham 24"ahove 7u74le-� p/;00-. for yen er4/ d/rne4s1bwG 'mgnhole see .SYgndgsd ' Jgnho% pr®w,hy. 'D. breok End of %e qs Necess4ry M4nh®/e wa// •,, 4, a,. Shape Manho/c Boi¢orr� . p Mr��1h©/e Bq se . 1 CITY OF IOWA CITY, IOWA DEPARTMENT OF PUBLIC WORKS ENGINEERING DIVISION SANITARY DROP CONNECTION Figure 8 i is I PLAN SERVICE PIPE IF SPECIFIED SEE SPECS, I 30. OR 45• IZ 0 STAKE TO WALL OF TRENCH INSTALL RISER PIPE TO BEAR FIRMLY AGAINST UNDISTURBED WALL OF TRENCH. STAKE RISER PIPE IN PLACE PRIOR TO BACKFILLING TO PREVENT . MOVEMENT OF PIPE. SELECT VERTICAL, 30' OR 46• POSITION OF RISER PIPE TO SUIT TRENCH WALL CONDITIONS, NOTCH WALL OF TRENCH TO RECEIVE PIPE WHERE POSSIBLE. 57OPPER AT END OF PIPE (TYP.) TRENCH WALL RISER PIPE BRANCH (SIZE AS SPECIFIED) TYPE M-3 CONCRETE CITY OF IOWA CITY, IOWA DEPARTMENT OF PUBLIC WORKS ENGINEERING DIVISION SANITARY RISER Figure 9 R K D CLASS "C" BE-' SIG SOIL NOTES: 1. PIPE SHALL BE LAID ON UNDISTURBED SOIL. 2. BELL HOLES SHALL BE HAND SHAPED SUCH THAT THE BARREL OF THE PIPE LIES ON UNDISTURBED SOIL. 3. BACKFILL SHALL BE HAND TAMPED TO THE TOP OF THE PIPE. CLASS "B" BEDDING NOTES 1. PIPE BEDDING SHALL BE PLACED ON UNDISTURBED SOIL AND COMPACTED. 2. BELL HOLES SHALL BE HAND SHAPED SUCH THAT THE BARREL OF THE PIPE LIES ON COMPACTED BEDDINGr 3. BACKFILL SHALL BE HAND TAMPED TO THE TOP OF THE PIPE. CITY OF IOWA CITY, IOWA DEPARTMENT OF PUBLIC WORKS ENGINEERING DIVISION I I PIPE BEDDING a. 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IYfJ TAPERED INLET CURB INTAKE I e-, k CITY OF IOWA CITY, IOWA DEPARTMENT OF PUBLIC WORKS ENGINEERING, DIVISION TYPICAL TRAFFIC SIGNAL LOCATION Figure 10 �vv MAX, —f— t CITY OF IOWA CITY, IOWA DEPARTMENT OF PUBLIC WORKS ENGINEERING DIVISION TYPICAL CUL DE SAC FIGURE 19 0& ok 1' LIP CURB . TYPICAL CITY OF IOWA CITY, I014A DEPARV EhT OF PUBLIC WORKS ENGINFF.RING DIVISION TYPICAL DROP -CURB FOR SIDEWALK R•� ••� FIGURE 20: 5 I 9 ® EXPANSION JOINTS 3" LIP CURB - 4-b TYPICAL Y CITY OF IOWA CITY. IOWA Q, DEPARTMENT OF PUBLIC 14ORKS G ENGINEERING DIVISION TYPICAL DROP CURB FOR SIDEWALK FIGURE 2D. RESOLUTION NO. 77-357 RESOLUTION OF APPROVAL OF CLASS "C" BEER PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Claes "C" Beer Permit Application is hereby approved for the following named per- son or persons at the following described locations: QuikTrip Corp. dba/QuikTrip #503, 123 West Benton said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance or state law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, surety bond and all other information or documents required to the Iowa Beer and Liquor Control Dpparhment. It was moved by Foster and seconded by Selzer that the Resolution as read be adopted, and upon roll call there were: Balmer deProsse Foster eu auser erre Selzer evera ASS: NAYS: ABSENTS x x x x x x Passed this 6th day of Sept. , lg 77 /7 s i RESOLUTION NO. 77-358 ROVAL OF CLASS C Beer ON. SUNDAY SAL 13E IT RESOLVED BY THE CITY COUNCIL OF IOWA CITYIOWA, that i a Class C Beer Sunday Sales Permit application s hereby approved o�tollowing named person or persons at the following described location: QuikTrip Corp. dba/QuikTrip #503, 123 West Benton Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance of state law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, bond, and all other information or docu- ments required to the Iowa Beer and Liquor Control Department. It was moved by Foster and seconded by Selzer that the Resolution as read e a op e , and upon roll call there were: AYES: NAYS: ABSENT: Balmer x deProsse x Foster x Neuhauser x Perret x Selzer x Vevera x Passed this 6th day of September , 19 77 V6 RESOLUTION NO. 77-359 RESOLUTION APPROVING CLASS C LIQUOR CONTROL LICENSE APPLIMTO BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Liquor Control License application is hereby approv�7or the following named person or persons at the following described location: Allen Wildebour dba/Robin Hood Room, Mall Shopping Center Said approval shall be subject to any conditions tor re- strictions hereafter imposed by ordinance or State law. The City Clerk shall cause a recommendation for approval to he endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond, sketch of the premises and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by that the Resolution there were: Balmer deProsse Foster Neuhauser Perret Selzer Vevera Foster and seconded by Selzer as re�a 5e adopted, and upon roll c�L AYES: NAYS: x x x x x x x Passed and approved this 6th day of ABSENT: September 1977 2�2 7 RESOLUTION NO. 77-360 RESOLUTION APPROVING CLASS C LIQUOR CONTROL LICENSE APPLTMTM BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Liquor Control License application is hereby approved dor the following named person or persona at the following described location: BLS Corp. dba/Lazy Leopard Lounge, 122 Wright St. Said approval shall be subject to any conditions ( or re- strictions hereafter imposed by ordinance or State law. The City Clerk shall cause a recommendation for approval to he endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond, sketch of the premises and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by Foster and seconded by Selzer that the Resolution asreiac Be adopted, and upon =611—caIT there were: AYES: NAYS: ABSENT: Balmer x deProsse x Foster x Neuhauser x Perret x Selzer x yevera x Passed and approved this 6th day of September 19 77 b' RESOLUTION NO. 77-361 RF9QWIION TO ISSUE CIGARETTE PERSIIT9 WHEREAS, the following firms and parsons have made application, filed the bond, and paid the mulct tax required by law for the sale of cigarettes and cigarette papers; therefore, BE IT RESOLVED BY THE CITY COUNCIL©F IOWA CITY, IOWA, that the applications be granted and the cigarette bond now on file in the office of the City Clark be and the same are hereby approved, and the City Clerk be and he is hereby directed Lo issue a permit to sell cigarette papers and cigarettes to the following named persona and firms: V.F.W. 3949, Highway 6 Bypass It was moved by Foster and seconded by Selzer that the Resolution as read be adopted, and upon roll call there were: Balmer deProsse Foster Neuhauser Perret Selzer Vevera Passed this 6th NAYS: ABSENT: day of September 19 77 7a;' RESOLUTION NO. 77-362 RESOLUTION APPROVING CLASS C LIQUOR CONTROL LICENSE APPLiMTM BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Liquor Control License application is hereby approved -Tor the following named person or persons at the following described location: Don E. Dukes dba/Serendipity, 1310 Highland Ct. Said approval shall be subject to any conditions Ior re- strictions hereafter imposed by ordinance or State law. The City Clerk shall cause a recommendation for approval to he endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond, sketch of the premises and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by Foster and seconded by Selzer that the Resolution ae rete adopted, and upon ioll ceTT there were: AYES: NAYS: ABSENT: Balmer x deProsse x Foster x Neuhauser x Perret x Selzer x Vevera x Passed and approved this 6th day of September 19 77 731 RESOLUTION NO. 77-363 RESOLUTION ANNEXING CERTAIN DESCRIBED REAL ESTATE TO THE CITY Or IOWA CITY, IOWA. WHEREAS, Robert Barker, Forrest Barker, and the Barker Development Ccupany have petitioned that the following described real estate owned by them be annexed to the City of Iowa City, Iowa, to -wit: Beginning at the NE corner of Sec. 20, T79N, RGW of the 5th P.M.; thence S 00 00' 00" E, 264.09 feet to a point on the North right -of way line of U.S. Highway #1; thence S 35° 20' 00" W on said right-of-way line 37.95 feet; thence S 891 52' 00" W, 378.05 feet; thence N 00 00' 00" E, 295.00 feet to a point on the North Line of said Section 20; thence N 89° 52' 00" E on said section line 400.00 feet to the point of beginning. Said tract con- taining 2.70 acres. (a 2.7 -acre tract of land located west of Hwy. 1 & Dane's Dairy and contiguous to south City limits), and WHEREAS, the Planning and Zoning Commission has reed that the Council annex said real estate, and WHEREAS, the real estate is not located within the urbanized area of any other city except the City of Iowa City, and WHEREAS, the City Council deems it in the public interest to annex said real estate. NOW, TEFMRE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the following described real estate is hereby annexed to the City of Iowa City, Iowa: Beginning at the NE corner of Sec. 20, T79N, RGW of the 5th P.M.; thence S oo 00' 00" E, 264.09 feet to a point on the North right -of way line of U.S. Highway #1; thence S 35° 20' 00" W on said right-of-way line 37.95 feet; thence S 890 52' 00" W, 378.05 feet; thence N 00 00' 00" E, 295.00 feet to a point on the North line of said Section 20; thence N 890 520 00" E on said section line 400.00 feet to the point of beginning. Said tract con- taining 2.70 acres. (a 2.7 -acre tract of land located west of Hwy. 1 & Dane's Dairy and contiguous to south City limits). 2. That the Mayor and City Clerk are hereby authorized and directed to certify a copy of this resolution, along with a map of the real estate involved showing its location in relationship to the City of Iowa City, Iowa, to the City Development Board. 73/ Res. No. 77-3E -2- 3. That the Mayor and City Clerk are hereby authorized to sign this resolution. It was noved by Balmer and seconded by Foster that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Balmer X deProsse X Foster X Neuhauser X Perret X Selzer X Vevera Passed and approved this 6th day of September 1977. I Mayor ATTEST:(2 e City Clerk IVE, the undersigned, Clerk and Mayor of the City of Iowa City, Iowa, do hereby certify that the foregoing Resolution is a true and exact copy of the Resolution adopted by the City Council of the City of Iowa City, Iowa, at a regular meeting held on the 6th day of September A.D. 19 77 i n Mayor ATTEST: ,,p x City Clerk PECEIVn' l- 1SFFR0 = BYI,EGAI; DEPARTMEIIT tzN� °I -2.--c-! 7307 RESOLUTION N0. 77-364 RESOLUTION APPROVING OFFICIAL REPORT OF NIUNICIPALITY OF STREETS AND PARKING FOR FY 1977 BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the Official Report of Municipality of Streets and Parking for the period beginning July 1, 1976 through June 30, 1977 be approved. It was moved by Balmer and seconded by Foster that the Resolution be adopted as read. Upon roll call there were: AYES: NAYS: ABSENT: x BALMER _ x DE PROSSE x FOSTER x NEUHAUSER x PERRET x SELZER x VEVERA Passed and approved this 6th day of September 1977. -&A- 1..1 C. �O1 IAfX l CdRd AOR CITY CLERK RECEIVED & APPROVED BY .THE LEGAL DEPARTMENT 733 of T04 pure IOWA DEPARTMENT OF TRANSPORTATION �# A FORM ¢20003 477 y ^ O a Y s YY 0 oll a OFFICIAL MUNICIPALITY REPORT for MUNICIPAL STREETS AND PARKING Municipality County City of Iowa Ci Johnson From July 1. 1976 to June 30. 1977 1 Abb{a St„lfuc city clerk of the municipality of IOWd City IOwd . do hereby certify that the city council has by resolution approved this report as its City Clerk Mailing Address 410E Washington St Iowa City, IA 52240 Daytime Phone No. (319) 354-1800 Hours Available 8-5 lAree Code) MEMBERS OF THE COUNCIL Mary Neuhaucer Mayor Carol deProsse L. P. Foster John Balmer _ David Ferret Max Selzer Robert Veyera day of On or before September 10, 1977, two copies of this report shall be filed with the Iowa Department of Transportation. f This report consists of RUT NUMBERS — DISTRIBUTION While - State COPY. Yellow - CIIY COPY Plnk - DWI,Ct COPY 2A, 2B, 2C, 2D IOWA DEPARTMENT OF TRANSPORTATION 1 STREET FINANCE.REPOR' FORM 2200011 bn FROM ALL SOURCES FOR STREET PURPOSES 'AunIcipallty Iowa City COLUMN 1 COLUMN a .'.Ounty Johnson ROAD USE STREET 3fficial Census Figure + TAR FUND ACCOUNT A.1. Ending Balance Last Street Finance Report 2. Adjustment (Explain on RUT - 2B) 3. Actual Book Balance, July 1, 1976 ACTUAL RECEIPTS B. 1. Road Use Tax ....................... 2. Property Taxes ...................... 3. Special Assessments ................ 4. Misc. (Itemize on Next Page) ........ 5. Proceeds From Bonds Sold.......... 6. Interest Earned ..................... C.Tolal Receipts (Lines 131 thru 136) ...... D. TOTAL FUNDS AVAILABLE ........... (Line A3 + Line C) 1CTUAL EXPENDITURES E. Maintenance 1. Roadway Maintenance .............. 2. Snow and Ice Removal .............. 3. Storm Sewers ....................... 4. Traffic Services ..................... 5. Street Cleaning ..................... F. Construction or Reconstruction 1.Engineering ........................' 2. Right of Way Purchased ............' 3. Roadway Construction ............. 4. Storm Sewers ......................' 5. Traffic Services ....................' 6.Sidewalks ..........................' G. Administration ........................ H. Street Lighting ........................ I. Trees .................................. J. Equipment Purchased ................. K. Misc. (Itemize on Next Page) .......... L. Bonds and Interest Paid 1. Paid on Bonds Retired .............. 2. Interest Paid on Bands .......... .. M. Non -Street Purposes ...............( N. Total Expenditures (Lines E thru M).... O. BALANCE, June 30, 1977 ............. P. TOTAL FUNDS ACCOUNT FORWARD (Line N + Line O) RUT -'!A COLUMN COLUMN FROM OTHER ACCOUNTS" TOTALS (ROUND FIGURES TO NEAREST DOLLAR) 526,704 47,948 178,415 753,067 526,704 47,948 178,415 753,067 985,420 985,420 735-908 _735-,9.08_ 161,7731--- x.61-,731 _375,,4439 6,028 _.381,467: 985,420 _.-375,439 903,667 2,264,526 1,512,124 423,38ZL 1,08 ,08 -3,01-7.,5-93- 217,743 3,017,59 217,743 217,743 48,575 48,575 173,532 173,532 41,520 41,520 4,474 4,474 X75,031--T9FffT7_ -5TS_,� ---2T,= 3,197 92,906 96,103 95,014 95,014 85,261 85,261 588,000 588,000 121,694 121,694 714,513 587,530 709,694 2,011,737 i 797,611 (164,143) 372,388 1,005,856 1,512,124 423,38.7 1,082,082 3,017,593 ') Road -Use Tax Expenditures for these six items mupt'be divided to Arterial and local street on Form RUT 2- 3. (") Debt Service, General, Sanitation, Public Safely, Utility, etc. Include the balances for accounts which Ire used entirely for streets. Read Your New Instructions. 1 5 23 / RSTRIDUTION White � State Copy / ✓� meow . City Copy Pink - Orstnct Copy //7� j IO,IA DEPARTMENT OF TRANSPORTATION STREET FINANCE REPORT RUT -2a FORM 220005 IS -TT Municipality Iowa City CONSTRUCTION & RECONSTRUCTION ARTERIAL LOCAL EXPENDITURES FROM ROAD USE TAX ACCOUNT STREETS STREETS TOTAL (USE FIGURES FROM COL. 1, RUT - 2A ONLY) 4,474 4,474 1. Engineering .................................. 2. Right of Way Purchased ...................... 322,139 52,8.97 375,031 3 Roadway Construction ........................ 23,973 23,973 4. Storm Sewers ................................ 5. Traffic Services ............................... 6 Sidewalks .................................... 350,586 52,892 403,478 TOTAL...................................... « 87% 13% 100% Percentage ................................... 'II less than 75% of Col t F-7 thrU F-6 on RUT -2A, Indicate date resolution was passed _ Comments: (Including street expenditures by subdividers.) Itemization of Miscellaneous Receipts (Line 1314). (See instructions.) COLUMN 2 COLUMN 3 Charges for Services 13,645 Sales Tax Refund 1,506 Reimbursement ofn xp sQ_ as 1,655 Reimhnrcement of namacac 2,475 Grants _ 268,438 _ Miscellaneous Refunds 2,111 Ilya of Mnney R Property (Spec- Assessment) —6.,-028— IltilityRef7und 609 — Sale -of -Bonds_ 85.90fl - - Line B-4 Totals _ 375,439_ 6,028 Itemization of Miscellaneous Expenditures (Line K). (See instructions.) Line K Totals 1 5 23 I I I DISTRIBUTION Wnilp - Slate copy yellow . city copy Pink Divric, copy 7-34 STREET FINANCE REPORT Form RUT -2C On and Off Street Rev. 2-2-76 Parking Statement Municipality City of Iowa City A. ACTUAL BALANCE July 1, 1976 ................................ 590,804 ACTUAL RECEIPTS B. Parking and Meter Receipts ................................. --- 1. Street Meter Revenue ................................... 136,441 2. Lot or Garage Meter Revenue . ....... ................. 163,795 3. Other Lot or Garage Revenue (Rentals) .................. 22,033 4. Property Taxes.. ......................... --- 5.. Miscellaneous (Itemize below) .......................... 225,916 Total (lines B1 -B5). ,660 C. Proceeds of Parking Bonds Sold.. ................... --- D. Total Receipts (lines B1 -B5 and line C) .................... 548,145 E. TOTAL PARKING FUNDS AVAILABLE (lines A and D) .............. 1,138,989 ACTUAL EXPENDITURES F. For On and Off Street Parking 1. Acquisition and Installation of Meters ................. --- 2. Maintenance and Repair of Meters.. .................. 2,620 3. Acquisition and Improvement of Parking ................. 267 4. Maintenance and Operation for Parking .................. 87,520 5. Policing and Enforcement ............................... Total (lines F1 -F5) G. Parking Bonds and Interest Paid 1., Paid on Bonds Retired .................................. --- 2. Interest Paid.... ............................... --- H. Street Work Paid from Parking...... .......... ... .. --- (Amount claimed under misc. receipts on Form RUT -2B) I. Total Expenditures (lines F1 -F5, G1 -G2, and line H)........ 90,407 J. ACTUAL BALANCE June 30, 1977 ............................... 1,048,582 K. TOTAL PARKING FUNDS ACCOUNTED FOR (lines I and J).......... 1,138,989 Miscellaneous Receipts (Itemized) Interest on Investments $ 26,033 Rental of Buildings 3,900 Mis. Sales 80 Reimbursement for Damages 260 Sales of Real Estate 195,222 Misc. Refunds 161 Commissions 260 225,916 737 SUPPLEMENT ;E REPORT STATE COPY rorm 9U7.20 IOWA STATE HIGHWAY COMMISSION LITY (RETURN THIS COPY WITH FINA14CE REPORT) PAGE 2 _ DEBT STATUS—RECEIPTS AND EXPCNDITURES FOR DEBT DURING YEAR BONDSINTEREST REDEEMED ppUDS PAID OTHER CASH ALANC- OUTSTANDING BALANCE OUTSTANDING ON DEBT EXPCNDITURES hJS, DOO G ' lD, 01�2- 41, cz�o 110c0 350 ' 11000 !3000 130E0 145v ' 13000 1300'0 ODD 26`.9000 lli34y J14666 a3oL 529, 000 �7Eacco la! G9l I ) I ITEMIZATION OF OTHER EXPENDITURES: ROADWAY CONSTR. ' STORM SEWER CONSTR. OTHER i roTnE 73� Farm.114 10M-766.14426 SrR e DOHD FOR STREET 4070 101* IDENTIFICATION OF BOND ISSUF BOND TITLE c w BpFE AMOUNT W " } w OUTSTANDING GALA�CE INT. ISSUED >- a .�:}- p *GENERAL OBLIG* BRIDGE 2230 101 69 4100 650000 77 4017000 II(ol In 79 8C STREET IMPROV 2310 1C2 69 5000 1350000 77 925300 78 �I1olI('s 79 80 81 BRIDGE BONDS 2210 128 6G 3500 400000 77 100000 78 79 11/6I (57 ea BRIDGE BONDS 2220 131 61 3000 75000 77 24DOG 78 79 (1 I6l 1bl 8❑ 81 82 BRIDGE BOND 2240 140 71 4300 500:700 77 5COG00 78 l 1�1O�f7f 80 81 82 BRIDGE BOND 2)C 141 73 41011 150000 77 7500 11(0173 STREET CONSTR 2320 142 73 4100 450030 77 375CCG 78 79 STREET BOND ff233C 143 74 5700 40CGG0 77 3000CG 79 I L' THE ABOVE IS A COPY OF YOUR STREET RELATED DEBT AS SHOWN ON OUR DEBT REGISTER. PLEASE CHECK (✓) AND CORRECT ALL ENTRIES AND FILL IN THE AMOUNT PAID ON DEBT AND INTEREST. ADD ANY NEW STREET RELATED BONDS ISSUED DURING YEAR. COMBINE ALL NECESSARY FIGURES ON FORM 2A. 4f ITEMIZATION OF MONEY RECEIVED. PROPERTY TAX SPEC. ASSESS OTHER TOTAL 73 SUPPLEMENT ;E REPORT STATE COPY IOWA STATE HIGHWAY COMMISSION Farm RUT 20 EI TY (RETURN THIS COPY WITH FINANCE REPORT) P%Y6E ]I DEBT STATUS — RECEIPTS AND EXPENDITURES FOR DEBT DURING YEAR BONDS REDEEMED BONDS DUE INTEREST PAID OTHER CASA ON DEBT EXPENDITURES BALANCE OUTSTANDING 100,o00 lc0000 q Ig00 111110 lcooco 1100013 150,000 1500ao 541,17-5 150cco 1,500❑ 175CJO 2 75000 135,000 E5000 slop E5000 ESOoo E5000 S(FD 4000 SA7 4cuC 4COO 4000 4coo 4000 1Eccoo <(D C700 I 1C0000 1CCCco 1COCo0 111cca ) 75000 3075 175,00o 75100 15375 1scccc li 150000 1001000 1[0000 17, 100 1[Cc, 00 1E1CCO I ITEMIZATION OF OTHER EXPENDITURES: I I I ROADWAY CONSTR. I STORM SEWER CONSTR. OTHER Y 7s�o 0 Form -110 ]OM—] -66-134 STREET BOND FOR STREEI 4070 IOW u IDENTIFICATION OF BOND ISSUE SONO TITLE < z RpFE AMOUNT W "' jT UTSTANDINC CASH BALANCE H " INT. ISSUED l'>- st�-�,1- *SPEC. ASSMTS* ST IMPROV 7150 103 70 51000 95000 77 22000 140, /o 78 STREET IMPKOV 7160 104 70 5000 115000 77 39000 78 5/01/10 79 GENERAL OBLIG 2699000 SPEC- ASSMTS 611070 TOTAL 2760000 THE ABOVE IS A COPY OF YOUR STREET RELATED DEBT AS SHOWN ON OUR DEBT REGISTER. PLEASE CHECK (✓) AND CORRECT ALL ENTRIES AND FILL IN THE AMOUNT PAID ON DEBT AND INTEREST. ADD ANY NEW STREET RELATED BONDS ISSUED DURING YEAR. COMBINE ALL NECESSARY FIGURES ON FORM 2A. ITEMIZATION OF MONEY RECEI' PROPERTY TAX SPEC. ASSESS OTHER TOTAL 7s.// RESOLUTION N0. 77-365 RESOLUTION AWHORIZING CITY MANAGER TO CGNSW1ATE PULSE OF REAL PROPERTY KNOW AS 126 SOUTH GIL= STREET, IOWA CITY, ImA. WHEREAS, the City Council authorized the City Manager to make an offer for the purchase of certain real estate in Iowa City, Iowa, known by the street address of 126 South Gilbert Street, and WHEREAS, the City Manager has made an offer which has been accepted by the owners. Iam: NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOtR CITY, 1. That the City Manager is hereby authorized to take all actions to consummate the purchase of the said property for the purchase price of $100,000. 2. That the Mayor is authorized to sign, and the City Clerk to attest, this resolution. It was imved by Selzer and seconded by Balmer that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x deProsse x Foster x Neuhauser x Perret x Selzer x Vevera Passed and approved this 6th day of September AGI I n114 M Mayor ATTEST: City Clerk -ymctjvlD `E1 2PPRO'= M,2TIM LFGM DEP9RTMX99f 1977. /i(nua r 7y� RESOLUTION NO. 77-366 RESOLUTION APPROVING CLASS C LIQUOR CONTROL LICENSE APPLTMTON BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class�� Liquor Control License application is hereb a roved for the following named person or persons at the following described location: Ambrose, Inc. dba/Fox Hole, 1200 S. Gilbert Ct. Said approval shall be subject to any conditions ( or re- strictions hereafter imposed by ordinance or State law. The City Clerk shall cause a recommendation for approval to he endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond, ;ketch of the premises and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by that the Resolution there were: Balmer deProsse Foster Neuhauser Perret Selzer Vevera Foster and seconded by Perret ass rete adopted, and upon ro7 ca Passed and approved this AYES: NAYS: x x x x x x x ABSENT: 13th day of September ly 77 7-�� 1 iv RESOLUTION NO. 77-367 RESOLUTION APPROVING CLASS C LIQUOR CONTROL LICENSE APPLZL'A TO BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Liquor Control License application is hereby approv=or the following named person or persons at the following described location: James Lee Strabala dba/Deadwood Tavern, Bldg. M, Clinton St. Mall Said approval shall be subject to any conditionsIor re- strictions hereafter imposed by ordinance or State law. The City Clerk shall cause a recommendation for approval to he endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond, sketch of the premises and all other information or documents required to the Iowa Beer and Liquor Control Department.. It was moved by Foster and seconded byPerret -_ that the Resolution as rea be o adopted, and upon roll there were: AYES: NAYS: ABSENT: Balmer x deProsse x Foster x Neuhauser x Perret x Selzer x Vevera x Passed and approved this 13th day of September 19 77 7 y�` s=- � /Z'e RESOLUTION NO. 77-368 SAL OF CLASS C Beer . SUNDAY SALE BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Beer Sunday Sales Permit application is hereby approved for a ollowing named person or persons at the following described location: Cedar Falls Oil Co. dba/Holiday Stationstore, Highway 6 and Rocky Shore Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance of state law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, bond, and all other information or docu- ments required to the Iowa Beer and Liquor Control Department. It was moved by Foster and seconded by Perret that the Resolution as read be adopted, and upon roll call tfiere were: AYES: NAYS: ABSENT: Balmer x deProsse x Foster x Neuhauser x Perret x Selzer x Vevera x Passed this 13th day of September , 19 77 7�;Z,5_ .des_ �,-` RESOLUTION NO. 77-369 RESOLUTION AWARDING CONTRACT FOii THE CONSTRUCTION OF PROJECTS FOR THE ARCHITECTURAL BARRIERS CONTRACT WHEREAS', Paulson Construction Company of West Branch, Iowa, has submitted the best bid for the construction of the above- named project. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the contract for the construction of the above-named project is hereby awarded to Paulson Construction Company of West Branch, Iowa , subject to the condition that awardee secure adequate performance bond and insurance certificates. It was moved by Foster and seconded by Perret that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x x x x x x x BALMER dePROSSE FOSTER NEUHAUSER PERRET SELZER VEVERA Passed and approved this 13th_ day of September 19 77 -1Aku C - J MAYOR ATTEST: CITY CLERK '7yb THE AMERICAN INSTITUTE OF ARCHITECTS 11 AIA Document A101 Standard Form of Agreement Between Owner and Contractor where the basis of payment is a STIPULATED SUM THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION Use only with the latest Edition of AIA Document A201, General Conditions of the Contract for Construction. This document has been approved and endorsed by The Associated General Contractors of America. AGREEMENT made this F fteenth Hundred an� BETWEEN the Owner day of September Seventy Seven City of Iowa City Iowa City, Iowa 52240 and the Contractor: Paulson Construction Company 209 South 2nd Street West Branch, Iowa 52358 the Project: Handicapped Barrier Removal (A) Toilet and Shower Addition (B) Elevator Recreation Center Building Iowa City, Iowa 52240 in the year of Nineteen the Architect: Architects - Hansen Lind Meyer, Inc. Plaza Centre One - Drawer 310 Iowa City, Iowa 52240 The Owner and the Contractor agree as set forth below. AIA DOCUMENT A101 • OWNER -CONTRACTOR AGREEMENT • JANUARY 1974 EDITION • AIA® • 01974 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D. C. 20006 1 ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, all Addenda issued prior to execution of this Agreement and all Modifications issued subsequent thereto. These form the Contract, and all are as fully a part of the Contract as if attached to this Agreement or repeated herein. An enumeration of the Contract Documents appears in Article 7. ARTICLE 2 THE WORK The Contractor shall perform all the Work required by the Contract Documents for (Here insert the caption descriptive of the Work as used on other Contract Documents.) The complete construction work including general, mechanical, electrical and specialties work for: Handicapped Barrier Removal (A) Toilet and Shower Addition (B) Elevator Recreation Center Building Iowa City, Iowa ARTICLE 3 TIME OF COMMENCEMENT AND COMPLETION The Work to be performed under this Contract shall be commenced no later than ten days following �dpt by the contractor of either a written notice to proceed of the prepared (Here insert any special provisions for liquidated damages relating to failure to complete an time agreement furnished by the owner and will be at Substantial Completion on or before April 4, 1978. AIA DOCUMENT A101 • OWNER -CONTRACTOR AGREEMENT • JANUARY 1974 EDITION • AIAO • ©1974 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 2 ARTICLE 4 CONTRACT SUM The Owner shall pay the Contractor for the performance of the Work, subject to additions and deductions by Change Order as provided in the Conditions of the Contract, in current funds, the Contract Sum of Seventy -Nine Thousand, Five Hundred Dollars. (;79,500.00) (Slate here the lump sum amount, unit priers, or both, as desired.) Adjustments to contract sum shall be made for additions or deductions of the base bid price of piling (Steel, Section 02310) on the unit price bases as follows: Add for Increase In length $20.00 per lineal foot. Deduct for decrease In length $18.00 per lineal foot. ARTICLE S PROGRESS PAYMENTS Based upon Applications for Payment submitted to the Architect by the Contractor and Certificates for Payment issued by the Architect, the Owner shall make progress payments on account of the Contract Sum to the Contractor as pro- vided in the Conditions of the Contract as follows: On or about the Tenth (10th) day of each month Ninety (90%) per cent of the proportion of the Contract Sum properly allocable to labor, materials and equipment incorporated in the Work and Ninety (90%) per cent of the portion of the Contract Sum properly allocable to materials and equipment@ itat ly torr 5, at the site or at some other location agreed upon in writing by the parties, up to TThh y 1 days prior to the date on which the Application for Payment is submitted, less the aggregate of previous payments in each case; : nd u�tn Substantial Completion of the entire Work, a sum sufficient to Increase the total payments to N�I inety (90per cent of the Contract Sum, less such retainages as the Architect shall determine for all incomplete Work and unsettled claims. (II not covered elsewhere in the Contract Documents, here insert any provision for limiting or reducing the amount retained after the Work reaches a curtain stage of complefion ) Any moneys not paid when due to either party under this Contract shall bear interest at the legal rate in force at the place of the Project. AIA DOCUMENT A101 • OWNER -CONTRACTOR AGREEMENT • JANUARY 1974 EDITION • AIA© • 01974 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D. C. 20006 3 ARTICLE 6 FINAL PAYMENT Final payment, constituting the entire unpaid balance of the Contract Sum, shall be paid by the Owner to the Contractor days after Substantial Completion of the Work unless otherwise stipulated in the Certificate of TYMYtiaMpletion, provided the Work has then been completed, the Contract fully performed, and a final Certificate for Payment has been issued by the Architect. "l"1411tWA MISCELLANEOUS PROVISIONS 7.1 Terms used in this Agreement which are defined in the Conditions of the Contract shall have the meanings designated in those Conditions. 7.2 The Contract Documents, which constitute the entire agreement between the Owner and the Contractor, are listed in Article 1 and, except for Modifications issued after execution of this Agreement, are enumerated as follows: (List below the Agreement, Conditions of the Contract (Cenrral, Supplementary, and other Conditions), Drawings, Specifications, Addenda and accepted Alternates, showing page or sheet numbers in all cases and dates where applicable ) This Agreement, AIA Document A101, January 1974 Edition, Pages 1 through 4. The Conditions of the Contract which consist of the following: Bidding Requirements, Page 1 of 1, Included In the project manual. General Conditions of the Contract, AIA Document A-201, August 1976 Edition, 19 pages. Supplementary General Conditions, Pages 1 through 5, included in the project manual. General Requirements, Division 1, Sections 01000, 01200, and 01500, Included In the project manual. Technical Specifications, Divisions 2, 3, 4, 5, 6, 7, 8, 9, 10, 14, 15, and 16 Included in the project manual. Drawings, Sheets 1 through 5, all dated June 8, 1977. Addendum No. 1, Pages 1 of 1, dated September 2, 1977. This Agreement executed the day and year first written above. OWNER City of Iowa City CONTRACTOR �r,.r�nstr oo CCompany Mayor Mary Neu i�aus r Mr. Wayne Paulson, President AttqgCf0b1e& Ifus 1'X NBE L' -'.'AL L'—i: , AIA DOCUMENT A101 • OWNER -CONTRACTOR AGREEMENT • JANUARY 1974 EDITION • AIA9 • ©1974 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 4 LAG *u.�jjedab 1e68j 841 AS pawoiddV 18 paniaaay XMTD '4T ZSSJ.LFi aoAw .=6T `U9qul07TuS;o Aep 1£i sTtp panoadde I= Passed x eaanaA x aazlas x laaaad x aasnegnaN x aalsod x assoadaP x aamleg :Jkum :SMN G -M :aim aaetp TTS TToz uodn pue 'pvgdeom aq peas se uo?gnTosed atR '39LP gaa,aad Aq pepUOoas pue Aajsoj Aq panau SPM gI 'AgiO wi0I 30 AqTJ atp; Aq pa;daooe aq sguawtcadq Pies 4wLP '9wI 'AgtO R0I 30 Ti0unOJ AgTO 91P Aq MAWSMI SS SH MOAMEM MN nmol `autleosnW 'aoi;;O s,3la9T7 A4T,7 MR trc aTz; uo axe -o0 uoilonalsuoO aa2aagzlnS s0; sPuOH aoueU@4U W 'SSM CNV III 'uppV loadsoad •1W ut aa,eaS .(ael?ueS 'Ag?J OkOI 30 Agit MR 30 svxpmTg:Toads pue sueTd tpTM aouepa000e ur peg9Tdmm uaeq aneq s-4ua:»nozdut &M%OTT09 s4 4MR peTjT sett guamiedaQ btrrsaautbtQ atp 'Sa' IM 'III ,I'dVd .LO3dS0Hd ,LMIOW NI ugmas ANV.IINVS JNIJKMMV NoIanmsml OLE -LZ 'ON NDIILTIOS3H RESOLUTION NO. 77-371 RESOLUTION SETTING PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE MORMON TREK BLVD. IMPROVEMENT PROJECT FAUS N - U-41-52 DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECT- ING CITY ENGINEER TD PLACE SAID PLANS, ETC., ON FILE FOR PUBLIC INSPECTION. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That a public hearing on the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project is to be held on the 20th day of September , 1g 77 , at 7:30 P.M. in the Council Chambers, Civic Center, Iowa City, Iowa. 2. That the City Clerk is hereby authorized and directed to publish notice of the public hearing for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the city, not less than four (4) nor more than twenty (20) days before said hearing. 3. That the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project are hereby ordered placed on file by the City Engineer in the office of the City Clerk for public inspection. It was moved by Foster and seconded by Perret that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x x x x x x x Passed and approved this BALMER dePROSSE FOSTER NEUHAUSER PERRET SELZER VEVERA 13th day of September 1977 C-d.—o��t Lei t lJ� e Mayor ATTEST: rJ__4L City Clerk Rec^.ive:i & App;cv±d By The Legal Dapartm�nf 7c19 RESOLUTION NO. 77-372 RESOLUTION FOR IOWA - IOWA STATE FOOTBALL GAME WHEREAS, the football teams of the State University of Iowa and Iowa State University will be meeting on the gridiron Saturday, September 17, and WHEREAS, hundreds of thousands of words have been and will be written and spoken about this football game, and WHEREAS, we as responsible citizens must remember that this is just a game and the world will not fall apart if one team or the other wins or loses, THEREFORE, BE IT RESOLVED that the City Council of Iowa City urge all citizens of Iowa City and all visitors to our city to act in a responsible manner before, during, and after this football game. It was moved by Foster, seconded by Perret, that the Resolution as read be adopted, and upon roll call there were:. AYES: NAYS: ABSENT: X BALMER X dePROSSE X FOSTER X NEUHAUSER X PEP,RET X SELZER X VEVERA Passed and approved this 13th day of September, 1977. C. MAYOR ATTEST: CITY CLERK RESOLUTION NO. 77-373 RESOLUTION AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT FOR THE CONSTRUCTION OF Mercer Park Ball Diamond Lights WHEREAS, Fandel, Inc. has been awarded the contract and has furnished adequate performance bond and insurance certificates for the construction of the above-named project. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the performance bond and insurance certificates for the construction of the above-named project are approved by the Council. 2. That the Mayor is hereby authorized to sign and the City Clerk to attest the contract for the construction of the above-named project. It was moved by Selzer and seconded by Balmer that the Resolution as read be adopted, and upon roll call there were: AYES: NAYSt ABSENT: X x x x x x x Passed and approved this 13th day of September 19 77 ATTEST: _12a_ ez� ) CITY CLERK INEENNE W011 W !A RECEIVED i APPROVED BY .THE LEGAL, DEPARTMENT 750 ALeo RESOLUTION NO. 77-374 RESOLUTION AUTHORIZING THE E=UTION OF AN AGIU22,SI' BEwA+ZEEN THE CITY OF IOWA CITY AND IOWA STATE BANK AND TRUST COMPANY, I04A CITY, IOWA, TO PROVIDE FOR BOOKKEEPING AND ACCOUNTING SERVICES FOR THE REHABILITATION I LOAN PROGRAM. WHEREAS, the City has undertaken a Housing Rehabilitation program which offers no -interest Rehabilitation I Loans; and WHEREAS, the City requires the bookkeeping and accounting services of a bank to implement this program. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, ICIM, that the Mayor be authorized to execute and the City Clerk to certify a copy of said agreement. It was moved by Balmer and seconded by Foster that the Resolution as read be adopted, and upon roll call there were: AYES: X X X X X X X NAYS: Passed and approved this Balmer deProsse Foster Neuhauser Perret Selzer Vevera 13th day of September , 1977. ATTEST: City Cr SY TEE LEGAL DEPARTMENT, 7R /&. Depository AgreeHent for Housing Rehabilitation Funds This Depository Agreement for ]sousing Rehabilitation, made and entered into this 13th day of September , 1977, by and between the City of Iowa City, hereinafter referred to as "City" and the Ivrea State Bank & Trust Company, Iowa City, Iowa, an Iowa Banking Corporation, hereinafter referred to as "Iowa State Bank". WITNESSETH: WHEREAS, the City has undertaken a Housing Rehabilitation program which offers no -interest Rehabilitation I Loans; and WHEREAS, the City requires the bookkeeping and accounting services of a bank to implement this program. Now, THEREFORE, the City and the Iowa State Bank do agree to the follow- ing conditions: A. Scope of Services 1. The Iowa State Bank shall hold all funds deposited by loan recipients and the City until the City authorizes the release of any or all such funds. Withdrawals shall be made only upon the written direction of the City Treasurer. 2. The Iowa State Bank shall furnish a customer payment coupon book at no cost to the City or loan recipient for each depository account maintained for the City sponsored no -interest Rehabilitation I Loan Program. 3. The Iowa State Bank agrees to accept payments to individual accounts at all of the Iowa State Bank office locations. 4. All payments will be credited to a regular statement corpor- ate savings account with interest paid at the rate in effect on regular statement savings accounts. -2- 5. The Iowa State Bank shall render a monthly statement on the 10th day of each month to the City. These statements shall itemize deposits for each loan recipient, withdrawals, and balance on hand in the housing rehabilitation funds account. B. Modifications to Contract The City and the Iowa State Bank may from time to titre request changes in the scope of the services of the Bank to be performed hereunder. Such changes which are mutually agreed upon by and between the City and the Bank shall be incorporated in written amendments to this contract. C. Assignability -The Iowa State Bank shall not assign or transfer any of its rights, obligations, liabilities or other interest under this contract without the written consent of the City. D. Compensation The Iowa State Bank agrees to provide the services described herein at no cost to the City or the loan recipients. The Iowa State Bank shall not ccmait any of the following practices: 1. To discharge from errplcyrrent or refuse to hire any individual because of their race, color, religion, sex, national origin, marital status, sexual preference, age or disability. 2. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, color, religion, sex, national origin, marital status, sexual preference, age or disability. 7S-13 F. Hold Harmless The Iowa State Bank shall indemnify and hold harmless the City of Iowa City, its officers, employees and agents from all liability, loss, damage, and expense (including reasonable attorney's fees and court costs) resulting from or incurred by reason of any claims, actions or suits based upon the services performed by the Iowa State Bank under this contract. G. Time of Performance The services of the Bank shall begin with the signing of this contract. They shall continue and the Housing Rehabilitation Funds shall be maintained for the servicing of current and future rehabilitation loans until the City or the Iowa State Bank has requested termination of the Agreement upon thirty (30) days written notice to the other party. Io;ln Iowa COMPANY CITY OF IOWA CITY, IOWA AAD I dUL�A ! Mayor ATTEST: IY City Clerk RESOLUTION NO. 77-375 RESOLUTION APPROVING FINAL PLAT OF WENDRAM BLUFF SUBDIVISION WHEREAS, the owner and proprietor, Wendram Bluff Development, Inc., has filed with the City Clerk a final plat and subdivision of the following described premises located in Johnson County, Iowa, to -wit: In T. -80N. , R. -6W. , 5th P.M., Section 33, the S.E. 1/4 thereof, a parcel of land described as follows: Commencing at the S.E. corner of said Section 33-80-6; thence N. 80 19' 10" E. , 969.76 feet; thence N. 610 30' 30" W. , 317.15 feet; thence N. 370 25' 10" W. , 273.55 feet to the point of beginning which lies on the northerly right-of-way of Linder Road; Thence S. 890 35' 00" E. , 312. 18 feet to the east line of said Section 33-80-6; Thence N. 00 09' 20" E. , 1263.00 feet along said east line Section 33-80-6 to a point on the southerly bank of the Iowa River; Thence N. 850 56' 30" W. , 749.34 feet along said southerly bank of the Iowa River; Thence N. 810 15' 42" W. , 822.07 feet along said southerly bank of the Iowa River to the easterly right-of-way line of North Dubuque Street; Thence S. 20 53' 10" W. , 397.22 feet along the said easterly line of N. Dubuque Street to a 904.93 foot radius curve concave easterly; Thence along said easterly line N. Dubuque Street, 811.02 feet southeasterly along said curve to a point which lies S. 220 40' 30" E., 784. 15 feet of the afore described point; Thence S. 480 21' 00" E. , 3.50 feet along the northeasterly right-of- way line of N. Dubuque Street to a 2241.83 foot radius curve concave northeasterly; Thence along said easterly line N. Dubuque Street, 336.25 feet southeasterly along said curve to a point which lies S. 520 38' 49" E., 335.93 feet of the afore described point; Thence N. 780 27' 40" E. , 85.04 feet to a 319.18 foot radius curve concave southerly, said curve being the northerly right-of-way line of Linder Road; Thence along said northerly line of Linder Road, 541.20 feet easterly along said curve to a point which lies N. 870 34' 30" E., 478.66 feet of the afore described point; Thence S. 410 11' 30" E. , 198.27 feet along said northerly line of Linder Road to the point of beginning. Said parcel contains 40.29 acres, more or less. WHEREAS, said property is owned by the above named corporation and the dedication has been made with its free consent and in accordance with its desire and intent. WHEREAS, said plat and subdivision is found to conform with Chapter 409 of the 1977 Code of Iowa and all other statutory requirements. %SJ Res. No. 77-375 WHEREAS, said plat and subdivision was examined by the zoning and planning commission which recommended that said plat and subdivision be accepted and approved. WHEREAS, the subdivision is located outside the corporate limits of the City of Iowa City, Iowa, but within a distance of two miles thereof. WHEREAS, the owner has executed an Agreement with the City of Iowa City, Iowa, pertaining to the dedication of certain improvements upon annexation of the subdivision to the City of Iowa City, Iowa. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Iowa City, Iowa, that said final plat and subdivision located on the above described property be and the same is hereby approved. BE IT FURTHER RESOLVED that the City Clerk of Iowa City, Iowa, is hereby authorized and directed to certify a copy of this Resolution to the County Recorder of Johnson County, Iowa. CITY OF IOWA CITY, IOWA BY ILulQ11`. Mayor Attest p� Citv Clerk The above and foregoing Resolution was introduced by Council Person Balmer who moved its adoption. It was seconded by Council Person Vevera After discussion, the following roll was called: Aye: Nay: Absent: X Balmer X deProsse X Foster X Neuhauser X Perret X Selzer X Vevera -2- - 716 Res. 77-375 Whereupon the Mayor declared the motion duly carried and the Resolution duly adopted this 20th day of September , 1977. Attest: all, A , J Lz& City Clerk -3- RESOLUTION NO. 77-37- RESOLUTION 7-37 RESOLUTION TO REFUND CIGARETTE PERMIT Central Vendors, Inc. WHEREAS, dba/V.F.W. #3949 at Highway 6 Bypass in Iowa City, Iowa, has aurrendared cigarette parmit No. 78-57 , expiring June 30th , 19 78 , and requests a refund on the unused portion thereof, now therefore, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that cigarette permit No. 78-57 issued to Central Vendors, Inc. , 53 Second St. Coralville be cancelled, and BE IT FURTHER RESOLVED that the Mayor and City Clerk be and they are hereby authorized and directed to draw a warrant on the General Fund in the amount of $ 75.00 , payable to Central Vendors, Inc. as a refund on cigarette permit No. 78-57 It was moved by Selzer and seconded by Foster that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Balmer x deProsse X Foster X Neuhauser X Perret X Selzer X Vevera K4 I Passed this 20th day of September , 19 77 A--1- RESOLUTION s RESOLUTION NO. 77-377 RESOLUTION DIRECTING ACQUISITION OF R -O -W SCOTT BLVD. WHEREAS, the City Council is desirous of expanding the economic base of the City of Iowa City, and WHEREAS, the City Council recognizes the value of good, clean industrial expansion as a benefit to the entire community both in terms. of employment and additional tax base, and WHEREAS, the City Council wishes to remove heavy truck traffic off the residential streets and the downtown areas of the City. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Iowa City direct the City Manager to proceed immediately with the necessary acquisition of properties to obtain a 100' R -O -W for Scott Blvd. between Highway #6 Bypass north to Rochester Avenue and that plans and specifications be developed as soon as possible for construction of this arterial street. It was moved by Selzer, seconded by deProsse, that the Resolution as read be adopted, and upon roll call vote there were: AYES: NAYS: ABSENT: X BALMER X dePROSSE X FOSTER X NEUHAUSER X PERRET X SELZER X VEVERA Passed and approved this 20th day of September, 1977. �JnANIA4 C "LU --U4. Mayor ATTEST,: rvv Ci y Clerk I 7�9 RESOLUTION NO. 77-378 RESOLUTION APPROVING PLANS, SPECIFICATIONS AND FORM OF CONTRACT FOR THE MORMON TREK BLVD. IMPROVEMENT PROJECT FAUS M-4039(1)--81-52. WHEREAS, on the 22nd day of August, 1977, plans, specifications, and form of contract from the Department of Public Works, Iowa City, Iowa, were filed with the Iowa Department of Transportation, Ames, Iowa, for the construction of the Mormon Trek Blvd. Improvment Project within the City of Iowa City, Iowa, and WHEREAS, said project is to be funded in part by Federal Aid to Urban Systems monies, and WHEREAS, notice of hearing on plans, specifications and form of contract was published by the City of Iowa City, Iowa, as required by Law: NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: That the said plans, specifications and form of contract gttgrhgAxUxtW K9N8T9i;T6i{xxad by this reference made a part hereof, are hereby approved as the plans, specifications and form of contract for said Mormon Trek Blvd. Improvement Project. Further, that bids will be opened by the Iowa Department of Transportation on the 11th day of October, 1977. It was moved by Selzer and seconded by deProsse that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x deProsse x Foster x Neuhauser x Perret x Selzer x Vevera Passed and approved this 20th day of September 19 77. Mayor City Clerk Received & Approved By The Legal Department 76 d C. A J 4 RESOLUTION NO. 77-379 RESOLUTION AWARDTNG CONTRACT FOR THE CONSTRUCTION OF FOUR STORM WATER MANAGEMENT PROJECTS IN RALSTON CRE N — WHEREAS, Highway Contractors Inc. of Burlington, Iowa, has submitted the best bid for the construction of the above- named project. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the contract for the construction of the above-named project is hereby awarded to _ Highway Contractors Inc of Burlington Iowa , subject to the condition that awardee secure adequate performance bond and insurance certificates. It was moved by Foster and seconded by deProsse that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x BALMER x dePROSSE x FOSTER x NEUHAUSER x PERRET x SELZER x VEVERA Passed and approved this 20th day of September 19777 . / p MAYOR ATTEST: CITY OERK Received R Approved By Th: Legal D2paitment r RESOLUTIONI NO. 77-380 A RESOLUTION AUIMRIZING THE ACCEPTANCE OF AN OPTION TO EXTEND TIME FOR A LEASE OF CERTAIN PREbUSES BY UNION BUS DEPOT OF IOTk CITY, IOWA. WHEREAS, the City of Iowa City owns certain property at 404 E. College Street in Iowa City, Iowa, and WHEREAS, in November, 1974 the City of Iowa City entered into an agreement (a copy of which is attached to this Resolution and by this reference made a part hereof) with Union Bus Depot of Iowa City, Iowa, leasing said property to said Lessee for a two year period with option by said Lessee to extend the lease for two 2 -year periods upon the same terms and conditions, and WHEREAS, Lessee has extended the lease in 1976 and has now given written notice sixty days prior to the expiration of the term. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the Lessee's option to extend the teen of the lease be accepted and that said lease be extended under the same teens and conditions until November 30, 1980. It was imved by deProsse and seconded by Balmer that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Balmer X deProsse X Foster X Neuhauser X Perret X Selzer X Vevera Passed and approved this 20th day of September 1977. Y lmt" C. Mayor ATTEST: City Clerl RECEIVED & APPR07ED BY .TEE LEGAL DE amMENT A zg�;_2— f.1TA -, 1.1 AA AJ VVlA 1,VT Ost,clal Farm No. 30 R...e-rn mol.iww. aw. r s...• sse>r - �„rxly _ ..q^nt. .. � Ort .-'\= .. -. .•� tr) - fi .•. LEASE -BUSINESS PROPERTY OF THIS FORM, CONSULT YOUR LaWiii THIS LEASEE AGREEMENT, executed in duplicate, made and entered into this day of November 1974, by and between the City of Iowa City. Iowa. a municipal coropration. _ (he,reinaFter called the "Landlord'? •who5a address for the purpose of this lease is Civic Center Iowa City (Slmet end Numbet) (Gly) Iowa 52240 and Union Bus Depot of Iowa City, Iowa. (stare) (Zip Code) I Inc.. _(hereineFtar called the "Tenant'' whose address for the purpose of this lease is 404 East College Street Iowa City (Street end Nvmber) (city) Iowa 52240 WITNESSETH THAT: (Sate) (Zip Coda), I. PREM15E3 AND TERM. The Landlord, in consideration of the rents herein reserved and of the agreements and conditions hare_ incontained, on the part of the Tenant to be kept and performed, leans unto the Tenant and Tenant hereby rents and 6mm from Land. lord, according to the terms and provisions heroin, the following cimcribesl reel "fate, situated in Johnson County, Iowa, to wit: The South 70 feet of Lot 5 in Block 43, and the South 70 feet of the West 10 feet of Lot 6 in Block 43 in Iowa City, Johnson County, Iowa, according. to the recorded plat thereof. - with the improvements fhereon and all rights• casements and appurtenances thereto belonging, which, more particulariy, includes thn space and premises as may be shown on "Exhibit A", if and as may be attached hereto, for a term of two years, commencing of mid. night of the day provicm to the first day of the lease, term, which shall be on the 1St - day of _DPCernh-r 19 74 and ending at midnight an the last clay of the lease term, which shell be on the 30th day of November - 19 7 --6 upon the condition that the Tenant pays rent therefor, and otherwise performs as in this [case provided. In addition, Tenant shall have the option of renewing this lease for two 2 -year periods upon the same terms and conditions provided that Tenant gives written notice to Land- lord 60 days prior to expiration of lease term of intention to exercise renewal option, 2. RENTAL Tenant agrees to pay to Landlord as restful for sold term, as follows: S 325.00 per month. In advance, the first rant paymeof becoming due upon / Strike TimiSiCDia2istfaW,6U0R<Ma WAfX one (b) the 1st day of December Ig 74 and the some anno nsf, per month. In advance, on the 1st day of each month thereafter, during the form of this leasa. In addition to the above monthly rental Tenant shell also pay: 1. All sums shall be paid at the address of Landlord, as above designated, or at such other place in Iowa, or elsewhere, es the Landlord may, from time to time. previously designate in writing. Delinquent payments shall draw interest at 9 9: per annum from the due date, Until paid. 3. FOSS -55104. Tenant shall be entitled to possession on the frst day of the term of this lease, and shall yield possession to the Landlord at the time and data of the close of this lease term, except as herein otherwise expressly provided. Shoeld Landlord bs use• able to give possession on sold dote, Tenant's only damages shall be a rebating of the pro rata rental. 4. U5 -c OF PRc_MISES. Tenant covenants and agrees during the term of this lease to use and to occupy the [eased promises only for ns denot For restrictions on such use, see paragraphs 6 (c), 6 (d) and I I (b) below. 5. QUIET ENJOYMENT. Landlord covenants that its estate in said premises is fee simple And that tho Tenant on paying the rent heroin reserved and performing all the agreements by the Tenant to bre performed as provided in t:i:; 1,asa, shall and may peaceably have, hold and enjoy the demised premises for the term of this lease free from mo!4stafion, eviction or di:h:rbanco by the Landlord or any other persons or legal entity whatsoever. (But see paragraph 14, below.) I tarsi ord, shall have the right to mortgage all of its right, title, interest in said premises at any time without notice, subject to this lease. 6. CARE AND MAINTENANC^c OF PREMISES. (a) Tenant tales said premises In Their present condition o,copt for such repeLz ord oltanlions as may 61 expressly heroin provided. Landlord agrees to remove the gas pump islands, hoists, and overhead doors as necessary. P is ti i) h' 30. Tt,la - Mn—rlnaP�tI O x— l— 1 1. - Ins _ is jl d (e) TENANT'S DUTY OF C,�se= •ND MAINTENA,YCE. Tenant shoU. after taking ---•-•tion of said premises and until the terminaKci� OF this lease and the actual mmov , the premises, at its own expense, care for and m said premises in a reasonably safe and servica- Abla condition, S,KdpiL15eQ7tL25Gti 9Cd%ai•t litlit:C Tenant will furnish its own inted I arterior decorating. Tenant will not permit or allow said premises to be damaged or depreciated in value by any act or negligence of me tenant, ;h agents or amplayest. Without limiting the geniality of ibis Foregoing. Tenant will make necessary repairs to the sewer, tis& plumbing, the wafer pipes cod electrical wiriegrls;,0•gjsjpyX Landlord shall have no responsibility to repair the structural portions of the buildings which repairs shall be solely Tenant's responsibility and obligation, and Tenant agrees to keep faucets c'omd so as to prevent waste of water end flooding of pmmisns: to promptly faire care of any leakage or stoppa=e in any of the water, gas or waste pipes, The Tenant agrees to maintain adequate heat to preveet freesieg of pipes, If and only If the ofher terms of this lease fix responsibility for heating upon fhe Tenant. Tenant at its own expense may install iloor cover- ing and will ms:main such floor covering in good condition. Tenant will be respaas:ble for tie plate glass in the windows of the leased premises and for maintaining the parking area, driveways and sidewalks on and abu Hing fSe leased promises. If the leased promises Include the ",rod floor, and If the other terms of this laeae include premises so described, Tenant :hall marts. no structural alterations or Improvemtats without the wrlHea approval of the Landlord 'first had and rsbiaieed, of the plans and specIfieattons therefor. (d) Tarrant will makn'no unlawful use of said premises and agrees to comply with all valid regulations of fhe Board of Health, City Ordi- nances or applicable municipality, the laws of the State of Iowa and the Federal government, but this pravision shell not be construed as creetirg any duly by Tenant to members of the general public- IF Tonant, by the terms of this lease is Isaiiag premises on the ground floor, it will not allow trash of any kind to accumulate on sold promises in the halls, if any, or the alley or yard in front, side or rear thereof, and it will remove soma from this premises of its own expense. Tenant also agrees to remove snow and ice and olhv obstoc!n from the sidewalk on or abutting the premises, if promises include the ground floor, and if this ;ease may be fairly construed to impose such liability on the Tenanh 7. (a) UTILITIES AND SeAYICZS. Tenant, during the term of this lease, shail pay, before delinquency, all charges for use of tole - phone. water, sewer, gas. heat, (if heating is Tenant's responsibility), electricity. power• air conditioning (if air ccedition;ng is the Tenant's rosponsibi!%), garbage disposal, trash disposal and not limited by the foregoing all other utilities and sorvicss of whatever kind and nature which may be used in or upon the domised premises. (b) AIR COHDITIONIHG equipment shell be furnished at the expense of Tenant and noialanence thereof at (Landlord or Tenant) the expanse of Tenant . (Landlord or Tenant) (c) JANITOR SFRYICR shelf be furnished of the expense of Tenant - (Landlord or Tensnt) (d) HEATING shell be furnished at the expeme OF Tenant (Landlord or Tenant) 8. (a) SURRENDER O} PREMISES AT END OIL T ERM—RSMOYAL OF FIXTURES. Tenant agrees that upon the tsrminelion of this lease, it will surrender, yield up and deliver the leased promitos in good and clean condition, except the offe is of ordinary "or and tear and depreciation arising from lapse of fins, or damage without fault or liability of Tenant. [See also I I (a) and 1I (e) below) (b) Tenant may, at the expiration of the term of this lease, or renewal or renewals thereof or at a reasonable time AsmoFf%r, if Tenant Is not in default hereunder, remove any fixtures or equipment which said Tenant has installed in the leased premises, pravidinq wid Tenant repairs any and all damages caused by removal. (c) HOLDING OYER- Continued possession, beyond the expiratory data of the term of this lease, by the Tenant, coupled with the raceip! of the specified Hotel by the Landlord (and absent a written agreement by both parties for on extension OF this lease, or for a new lease) shall constitute a month to month extension of this lease. 9. ASSIGNMENT AND SU .sue•mn--pwnassvnnna+s-va4s.�+,.rc,tMperrnsrs+en-1.s3thAo7�w>•onrse:basa::v--arssnlsalo�r in15 lease ana ienant's rlgnts to the property shall not be assignable br'subject to sublease under any circumstances, ext _ in the event of Phillip Spelman's death or disability as would prevent him from conducting bu5inet�.s as de�texrL>jn�d the �i,t ID. (a) ALL REAL ESTATE 7AxE5, except as may be o erwlsa exarass y prom a in f i peragrap levied or esssssed 6y law- ful authority (but reasonably pmso.vingLap d's rights of appeal) ag ;est said real property shall L,, t:rely paid by the parties in the following proportions: by Lardiord 4W%: by Tanent %. (b) Increases in such taxes, except as in the next paragraph provided, above the amount paid during the basis year of (base year if and as may be defined in this paragraph) shell be paid by Landlord, 100 %; by Tenant 0 ()e Inc,oese in such taxes caused b p p y 0 %; by Tanent 100 so. y improvements of Tanen! shall bs aid 6 Landlord (d) P:RSONAL PRO?ESTY TAXES. Tenant agrees to timely pay all fasts, assessmsnh or other public Charges levied or assessed by lawful authority (but reasonably preserving Tenant's rights of appeal) against its personal property on the. peem;m during the farm of this lease. (o) S?c CIAL ASSiSSMENTS. Special assessments shall be timely paid by the parties In the following proporticns: by the Landlord 100 v/: by the Tenant 0 %. 11. !NSURANCZ. (a) Landlord and Tenant will each keep its respactivo property interests in fhs p.amisas and :-s :'a'ail;�y in regard sben,r- • ,d tFe pnrsonsl prope,ty ±a the premises, reasons'•`; insured against hameas and casualties; that is. fire end .;usury eov- ered br vzh. dad co•rerege: and Toran'r will procure and d --!or to the Landlord a certification from the respective inrura-ca companies to t=nr rF•• :!. S•x•, ;.,:"Mncn shall bs msda payable to tSo pines hereto as their interests may appear, ncept flet the Ter.•r's share of such invi.arci p-ocee is are hereby assi;red and made payable to the Landlord to secure rant or other obligations t=ea due end owing Landlord by Tonant. [Sea also I I (a) bslc.•] (b) rnnant wall not do or omit the doing of any act which would vitiateany insurance• or increase the insurance rets is force upon the rod r.`.Ja on fhe ;: ­isas or upon any personal properly of the Tenant upon which The Landlord by Ie-, or by the farms of W; :o:-:. !ns ar sir+': have a lion. (:; S_Srogati an rights are not to be waived unless a special provision is attached to this lease. (-i! rnn,mf crl=ar agrees b cc-rly with rocommandaSons of lows Insurance Service Bureau end fo be liable for and n p•anctiy pay as iF er:n:t •-n's!, any i>crome in ;n;: -c t -o rotas on said prsmi:m and on tho building of which said premises are a part, d_a to increased risks or 1,11i -c rraticg Fran Tona-f's •.-o of the premises o!herwhe than as heroin contemplated and agreed. (ns 1. ',tMANC: PROC<=DS. Landlord shall saWa and adjust any claim against any Nsuraacs c^pany under i4 said policies of p -•:'-is". ard s- -' i-esu.ance monfet shall be paid Landlord f'd1�'i?L•Yria-t4\,3"3y".1a3f4 1:c1k'w Tgti6s7rjyati mxx�x>-::.t X�:x.,�va tsa�f:ax�c t:,r_x ��sxs�•raxt��}�rxa�x:(,e�xa�sxajce5a.-aT Z, - _ -,:. -.Tek•, ..-,.T.. DIA r 12. INDEMNITY AND LIA9IUTY INSURANCE. 'rv,x1iD2;YT+yin r>;} y�bp�)ssc rsr,�, ,r-�•s5,7y; sxsr.�rvy�+ }1fy .F3( Tenant will protect, indemmiF7 and save hamins the landlord from and against any and all lea costs, damage and orpenses occasioned by, or arising out of, any accident or other accurmnca causing or inflicting injury and/or cl- uga to any person or Property, happening or don*, in, upon or about the leased premises, or due directly or indirectly to the tanency, use or occupancy, thereof, or any part thereof by the Tenant or any parson chiming through or under the Tenant. The Tenant Further covenants and agrees that it II whit at its own expanse procure and me:ntein-casualty and 61,4;ty insuronco in a responsible company or compna;es avtho6:ed to do business in the State of Iowa, in amounts not less than $10%000 for any one person ;njurvd, and 55DD1D00 for any one accident, and wit:: the limits of 525,000 forra arty damage, protecting the Landlord against such claim, damages -cost; or expenses on account of injury to any par -ort or persons. or to any property belonging to any person or persons, by reason of such casualty, accident or other happaning on a about the demised promises during the term thereof. Certificate, or copies of said polices. naming the Landlord, and providing for 5ftses (15) days' notice to the Landlord before cancellation shall be delivered to the Landlord within }Monty (20) ! days from the data of the beginning OF the tem of this lease. As to insurance of the Landlord for roof and structural faults, zee paragraph 11 (a) above. 13. FIRE AND CASUALTY. PARTIAL DESTRUCTION OF PREMISES. (a) In the want of a partial dastruct;oA At damage OF the leased premises, which is a business ;ntarFarence, that is, which prevents the conducting of a normal business Oparatioa and which damage is reasonably repairable within sixty (60) days after its occurrences, !kis lease shall not terminate but the rent for the leased pn•m;sas shall Abefe during the time of such business interfarenee. 37C}61'�s:�x• :[i} ^, 3fsy,}gdrpL,Yn •_.:; -y}R -v ;yrs- i.� r; .. -,_______•---•_.___...........,.�.r..�........�..,�y.,v..-.. .��,.—,,-"_=rte corm ' \rkc+•iicDmow swY.?cddveT.Y - , ' (b) ZONING.: Should ')the srls;ng drdirmnce of the city or municipality in which this property is located make U impossible for Landlord, i� using diligent and timely effort to obtoig nacessory permits and to repair and/or rebuild so that Tenant is not able to conduct its business on these premises, then Fuch(pertial destmctioh shall be treated as a total desfmction as in the next paragraph prov;CLd. - �I! (c) TOTAL D'aSTRUCTION O? BU514ESS US:. In the event of a desfruction or damage of the leased premises IxJoding the Park. � Ing arca (if a parking area is a pa4'oF the subject matter of this leese) so that Tenant is not able to conduct its bus;rsess ce the promises or II - the then currant legal use fdr which the premises are being used and which damages cannot be ropair,d within slaty (50) i; days this lease may be terminated at the option of either the Landlord or Tenant. Such lamination in such event sbos be f5c) ed by written j notice of one party to the other, within twenty (20) days after such destruction. Tenant shall surrersder possession within u ton (10) days offer such notice issues, and each party shall be released from all future 06ligetiom hermrndar. Tenant t, paying rental pro rata only to the date of such destruction. In the event OF such lamination of this lease. Landlord et its pf'=, may rebuild 1 or not, according to its own wishes and needs. i 14. CONDEMNATION. (a) DISPOSITION OF AWARDS. Should the whole or any part OF the demised prem;: be condemned or felon by a competent authority for any public or quos; -public use or purpose, each party shall b, entitled to retain, as its con property, ;) any award payable to it. Or in the event that a single entire award is made on account OF the condemnation, each pary will then be on. titled to take such proportion of said award as may be fair and reasonable. li (b) DATE OT LEASE TERMINATION. If the whole of the dem;sed premises shall be so condemned or talars, the Landlord shall not be �i liable to the Tenant except and as its rights am preserved as in paragraph 14(a) above, 15. TERSIINATION OFLEASE AND DEFAULTS OFTENANT. (a) TERMINATION U?ON EXPIRATION OR UPON NOTICE OF MPAULTS. This lease shall torminate upon erpira:ion of the demised tem; or if this lease expressly and in writing prcAdes for any option or options, and if any such option is exercised by the Tenant, then this lease will teminete at the expiration of the cphpn to :m or terms. Upon default in payment of rental herein or upon any other default by Tenant in ecconfance with the tems and pr-o.:sions of this lease, this lease may at the option of the Landlord be cancelled and for,',;fed, PROVIDED. HOWEVER•, before any such ean.ollaticn and for- feiture except as provided in 15(b) below, Landlord shall give Tenant a written notice specifying the default, or dafast and stating that this lease will be cencellsd and forfeited fen (10) days altar the giving of such notice, unless such defsa:t. or deiaults. are remedied within such grace period. (See paragraph 22, below.) As an Additional optional procedure or as an altemt`:» to ;ha foregoing (and neither exclusive of the other) Landler-I may proceed es in paragraph 21, below, provided. (b) DAN4RUPTCY OR INSOLVENCY OF TENANT. In the event Tenant is adjudicated a bar.uupt or in the even? of a judicial sale or i other transfer of Tonant's Iemshold interest by reason of any benkmofcy or insolvency pmcoedings or by other operation of law, but not by death, and such bankruptcy, judicial sale or transfer has not been vacated or set aside within fen (10) days from the giving of nc'ico thereof by Landlord to Tenant, than and in any such events. Landlord may, et its option, immediately terminate this lease, re -%star said premises, upon giving of ten (10) days' wri Men notice by Landlord to Tone f. (c) In (a) and (6) above, waiver as to any default shall not constitute a waiver of any subsequent default or deF,ullf, s t and ra-ranting by t : gate (d,mages byncis of ihe Landlord . and end sno9t as an agreement toterminatethisnthe leese Tenant's. default shall be construed u.'.vl •or{orh fo,mstr 16. RIGHT OF EITHER PARTY TO MAXE GOOD ANY DEFAULT OPTHE OTHER. If default shall be moJq'iy'o;tbW party in the' - performance OF. or compliance with, any of the terms. covenants or conditions of this loose, and such default shall nava crsferui? f3r'ihirty 1 (30) days after written notice thereof from one party to the Alban the person aggrieved, in Addition to all other ramaer m.<cr;Frrdn)ter; provided by law, may, but need not, perform such term, covenant or condition, or make good such default and any or-p.nt advaneod shell; !' be repaid forthwith on demand, together with interest of the rete of 9_% per annum, from date of ad once. ,' ,s • i � : - ` • . •� \� `lift `i 17, SIGNS. (A) Tenant shall have the right end privilege of atfachirg, affixing, painting or exhibiting signs on :ten teased hli�wssgll pro,;ded only (1) that any and all signs shall comply with the ordinances of the city or municipality in which the properly is !ra+ad and,f" la's of the Slate of lo•wa; (2) such signs shall not change the struc:ssre of Ao building; (3) such signs if and when faun down shall not damage the building; and (4) such signs shall be subject to the written approval of the Landlord, which approval shall tot be unreasonably withheld. (b) Landlord during the last ninety (90) days of this lease, or extens;on, shall have the right to maintain in the wind-.-: or on the build. ;ng or on the pramises either or both a "For pent" or "For Sale" sign and Tenant will permit, at such time, prospective !aronts or buyers to 'enter and asamine the premises. - 18. MECHAHIC-S LIENS. No;thor the Tenant nor anyone claiming by, through, or under the Tenant, shell have !S* right to file or place any mechanic's '.ai or other lien of any kind or character whatsoever, upon said premises or upon onj bu;lding or;mprovement there- on, or upon the loaseh,ld interest of the Tenant therein, and notice is hereby given that no contractor, suo-contractor, c- nn-. ono else who may furnish eny moteriel, sorviee or labor for any building, impeavameafs. alteration, repe;rs or any part tharoof, shall at ate, : -1a ba or become AcSf;-ld to any lien ihar_un, and for the furf4% security of the Landlord, the Tenant covenants and agrees to give ache:— -coca thereof ;r advsnco, to any and all conlrictors and sub -contractors who may furnish or ag:oe to furnish any such rnatoriel, service c+ Libor. 19. LANDLORD'S LIEN AND SECURITY INTEREST. (a) Said Landlord shall have, in addition to the lien given by !a., o security interest as prov;dod by the Uniform Commercial Code of Iowa, upon all personal property and all substitutions therafo-. ;apt And used on said prom;ses by Tenant. Landlord may proceed at 4w or in equity w;rb any remedy provided by law or by this lease for roe re:oa,ery of runt, or for termination of this loose because of Tenant's default ;n its periorrnance. (b) 5POUSE. If spo•asa is not a Tenant, the, the execution of this instrument by the spouse shall be for the sole p-r,.:.se OF crenf;ng a security interest on personal p.oparty And waiving rights of homestead, rights of dis,r;butive share, and exemptions. 20. SUBSTITUTION OP EQU7745NT, MT;ZCHA4DI5E, ETC. (a) The Tenant shall have the r1g4. from fine to 5-=, daring 11,e 'arm OF !his lasso, or ronewal ihareof, to sell o. olhcrv:ca dispose of any personal property of the Tenant sitcalad on the said ; ami:,d peam;sas, vhea in 6., judjrrant of tho Tenant;t •hall hava becoma obsole!e. outworn or unnecessary in connection with the operas -:en of th* business or. said premixes; pray;dad, howaver, that this Tenant shall. in scch irrsfanca (unless no subst;tuted article or ;!am is recesar) et its own erpo.l;a, suS:6t0e for such ;tans of personal properly so sold or othom::e di:posad of, a now or other item in substih.: ;,m :rsrecf, in Gb or ,raal.— value and adepfad to the alhxad orora Fon of the business upon Via damised pramises. (L) No!h;ng heroin confained shell be constmed as denying to Tenant the right to dispo;o of irvanto,;ed merchend;se in the ordinary cOersu cf the Ton„Ys traria or business. :.�.,.- ,�, 2r. RIGHTS CUMUL171ysr "ma vorfoua'rights.' powers, options, nlediom and remedies of either party, provided in this lame. s '. be'constmed as cumulative and a of them as exclusive of the others, or exclusive y rights, romadias or priorities allowed e;the� : party by law, and shell in no way or impair the right of either party to pursuo any squilabla or legal remedy to which o;tlar party may be entitled as long os any aaausr remains fn any way unramedied. unsatisfied or Forged. 22. NOTICIIS AND ORMAN DS.-'N@Mces as provided ter'In this Ise" shall be given to the respective ,parties hsrofe at the resaacfive addresses designated on page one of this lease unless either party notifies the other, in writing, of a different address. With. - out prejudice to'any othsr method of notifying a party in writing or making a demand or other communication, such manage shall be considered given under the terms of this lease when sent, addressed as above dss;gnated. postage prepaid, by registered or certified mail, relarn raca;pt mquastad, by the United State mail and so deposited in a United States moil box. - 23. PROVISIONS TO BIND AND BANIFIT SUCClSSORS, ASSIGNS, ETC. Each and every r-ovenanf and agreement herois, con. ta;ned shall extend to and be binding upon the respective sur-det3era, Fain. admirtistraters, executors and assigns of the parties hereto; except thcl if jay part of this lease is hold in joint tonancy, the successor in interest shall be flea surviving joint tenant. 24. CHANGES TO BE IN WRITING. None of the covenants. provisions, farms or conditions of this lease to b, kept or performed by Landlord or Tanant shall ba in any meaner modified. wa;vsd'or abandoned, except by a written instmment duly signed by the parties and dol;vored to the Landlord and Tanonh This 1,aaa contains the whole agreement of the PaWsr - 25. R=LEASE of DOWER. Spouse of Landlord, appears as apa ly signatory to this lease solely for the purpose of releasing dower, or d;ltributivs share, unlass said spouse is also a co•ownar of an interest in flea Ise ad prem(sas. 26. CONSTRUCTION. Words and plwasos heroin, including acknowledgment heraoF, shall be constru cl as in the singular or plural number, and as masculine, feminine or neuter gender according to the contest. 27' Regardlessof the provisions of paragraph -,9 hereof the tenant herein, shall have the right • to sublq-t ,ai portion of Cthe premises toi they Su.pjer • Cab, ' Inc. withoult,+brilor written IN WITA�AEOF hotpe 9sTie�re F'e� IIT executed. this. lasso in duplicate (r(ai clay hnd gger firii above -wrifhn. City of Io a'.City , Iot)a By: - 9":ty r // 7 :.... BY L Llr_r�. LANDLORDS SPOUSI - -, , .1 y er .(Sra.paragrsph 25) TENANT -S SPOusi [See paregrapis»(b)S :=i=:• Un on us Depo of Iowa City, inc. INDIVIDUAL - ._ ....: B y President ae.+1 STATE OF SS. - BV r' rot y s•^-'"�+ COUNTY OF reasure: wNANT s e On this day of 19— before me, be undersign , a Nota Public in and For said County and co-. vow sa Sfals, personally appeared end to me personally kw non to be the identical persons named in and who executed ilea within end foregoing •r,:r,msnf, and ackno,a!adg,d that they executed the same as their voluntary act and deed. - MAE)- ` f ' __,_,_,_____ Notary Public in and for said County era CORPOr3 AT(ON, _ - StATc OF IOWA ' oOuNry OFJOHD?SON Jf- .. - On 'this day of November A. D. 1974 before me, the undersigned a Nor i+ and for said County end Stats, pars6ally appeared Phillip Spelman and ��U�\� _� to me pan naliy known, who being by me duly sworn, did say that they are thd?ic«1 �L- r> .0:71 I and a respectively, of said corporation executing the �' th'a>6nd (dr a q A trument, fhat (no seal h s bean pmcurod by tno said) corporation; that said instrument was signed (and sa,ladt on rty+ - (flea seal a fixed thereto is the sea) of said) aw omsm + +t Phillip Spelman and ra... raw xq' �boha'f of said iorp•trsfi� by authority of its Board of Director,: and tsaf fho said c, officers atknowlodged'}ho execution of said strum nt to be iho voluntary act and deed' of said coy nratien. by s n,:,8 s ihem •.vlunitxily executed. .. _ � s s Notary Public in and 'Ir said County end State - STATE nic- COUNTY OF. JJJ On tali day of - A. D. N before me, the undersigned, a Notary Public. in and for said County in said State, personally appeared - _ as Executor of the Estate of Deceased, to me known to be the identical person nanod in and .who executed the Fcregoiag instrument and actino Al dgad that _he executed the same as the wluntary act and deed of h;ms,IF and of such fiduciary. - (SEAL) Notary Public in and for said County and State PARTNER SATE OF Ss - COUNTY OF_-fs5. On this _-__-_- day OF A. D. 19—_-. before me, lt, undersigned, a Notary Public in an! in,• sa:+I County and Stet, parsona!ly appeared— __ , to no personally known, who, baing by me duly sworn, did soy that he is (they ere) member (s) of tie Partnership executing the within and Foregoing instrumanIt and acknowlx(gsd Ih,f (he) I rail executed It:, s+^+ as t`a voluntary act and deed of said co-partosr(s) by (him) (them) and by said pertrersh;p wlunsarily otocuted. Fir as a corpora4e fiduciary era ,bvvrse side or Court Officar Deed (Ci�icial Form No. !0Q. ...: Notary Public in and for said County and State (i) - \1 /1, 3811 4j RESOLUTION blo. 77-381 F111i— I RESOLUTION CORRECTING PREVIOUS RESOLUTION OF THE 1977 SEP 26 PI1 8* 57 CITY COUNCIL DATED JULY 18, 1962, CONCERNING THE PLAT PROPERTY OF MAX YOCUM LOCATED ADJACENT TO ,_,� _ WHAT WAS THEN THE NORTH CORPORATE LIMITS OF THE f',•:�;u':;OCi� CITY OF IOtiA CITY, IOWA, AND WEST OF OLD HIGHWAY JOHNSON C0..1 Y #218. WHEREAS, on July 18, 1962, the City Council of Iowa City, Iowa, resolved that the plat property of Max Yocum which wag then adjacent to the North corporate limits of the City and stated to be west of old Iiighway #218 be approved, as recommended by the Planning and zoning Commission, and WHEREAS, this plat property is now known as Yocum's Subdivision, and WHEREAS, Yocun's Subdivision is actually located east of the old Highway #218 right-of-way, and WHEREAS, there is no subdivision known as Yocun's Subdivision or no plat property once owned by Max Yocum located west of the old Highway #218 right- of-way, and WHEREAS, the purpose of this resolution is to make a correction in the location description of the Max Yocum plat property as described in the resolution of July 18, 1962. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the City Council finds that the resolution of July 18, 1962, des- cribing the plat property of Max Yocum under consideration to be located west of old Highway #218 was erroneous, and that the actual location of the plat property in question was east of old Highway #218. 2. That the City Clerk is authorized and directed to file a copy of this resolution with the Johnson County Recorder, so that this title problem will be eliminated. 3. That the Mayor is authorized to sign, and the City Clerk to attest, this resolution. It was moved by Balmer and seconded by Foster that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: x x x Balmer deProsse Foster Neuhauser x Perret Selzer Vevera Passed and approved this 20th day of September , 1977. bZ 763 _z t RAs. 77-381 I t V1 G W C "V(2,lAL_ t,tlAI d� Mayor ATTEST: City Cler State of Iowa ) ) SS County of Johnson) On this 20th day of September , in the year 1977 , before me, , a notary public in and for said county of Johnson , state of Iowa , residing therein, duly commissioned and sworn, personally appeared May C. Neuhauser known to the to be the mayor, and Abbie Stolfh , known to me to be the city clerk of the city of Iowa City , the corporation that executed the within instrument, and acknowledged to ne that such corporation executed the sarre. In witness whereof, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. �R bi a--L- Notary Public in and for Johnson County, State of Iowa RECEIVED & APPROVED BY .THE LEGAL DEPARTMETIT (2 N8 V,MV NO1AL SEAL 76- RESOLUTION NO. 77-362 RESOLUTION APPROVING CLASS "B" BEER PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class "B" Beer Permit Application is hereby approved for the following named person or persons at the following described location: Ken's Pizza Parlors, Inc. dba/Ken's Pizza Parlor, 1950 Lower Muscatine Said approval shall be subject to any conditions or re- strictions hereafter imposed by ordinance or State law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by deProsse and seconded by Foster that the Resolution as re— a�5—e adopted, and upon ro ca ll there were: AYES: NAYS: ABSENT: Balmer x deProsse x Foster x Neuhauser x Perret x Selzer x Vevera x Passed and approved this 27th day of September 19 77 76.5'- RESOLUTION NO. 77-383 RESOLUTION OF APPROVAL OF CLASS BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITYIOWA,.that i a Class B Beer Sunday Sales Permit application s hereby approved or a ollowing named person or persons at the following described location: Ken's Pizza Parlors, Inc. dba/Ken's Pizza Parlor, 1950 Lower Muscatine Rd. Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance of state law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license foe, bond, and all other information or docu- ments required to the Iowa Beer and Liquor Control Department. It was moved by deProsse and seconded by Foster that the Resolution as read Be ad3pteil, and upon roll call here were: Balmer deProsse Foster Neuhauser Perret Selzer Vevera Passed this AYES: PLAYS: ABSENT: x x x x x x x 27th day of September i9 77 % �4C RESCLUTION NO. 77-384 RESOLUTION OF 'APPROVAL OF CLASS "C" BEER P£RMIT APPLICATION RE IT RESOLVED BY THE CITY COtNCIL OF IOWA CITY, IOWA, that a Class "C" neer Permit Application io hereby approved for the following named per- son or persons at the following described locations: Dale E. Watt dba/Watt's Food Market, 1603 Muscatine Ave. said approval shall be Subject to any conditions or restrictions hereafter imposed by ordinance or state law. The City Clerk shall cause a recomendation for approval to be endorsed upon the application and forward the same together with the license fee, surety bond and all other information or documents required to the Iowa Beer and Liquor Control D-,p3sartament. It was moved by deProsse and seconded by Foster that the Resolution as read be adopted, and upon roll call there were= Balmer deProsse Foster eu auser erret Selzer evera AYES: HAYS: ABSENT: x Passed this 27th day of September , 19 77 7t�/ 7 RESOLUTION NO. 77-385 RESOLUTION APPROVING CLASS C LIQUOR CONTROL LICENSE APPLY"L 'fes BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Liquar Control License application is hereby approv�el�or the following named person or persons at the following described location: Robert L. Anderson dba/Jimbo's Lounge, 1210 Highland Court Said approval shall be subject to any conditions I or re- strictions hereafter imposed by ordinance or State law. The City Clerk shall cause a recommendation for approval to he endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond, sketch of the premises and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by that the Resolution there were: Balmer deProsse Foster Neuhauser Perret Selzer Vevera deProsse and seconded by Foster as regia ba adopted, and upon zoI ca AYES: NAYS: x x x x x x x Passed and approved this 27th day of ABSENT: September 19 77 74/, 8 J RESOLUTIGN ,io. 77-385A RESOLUTION TO ISSUE CIGARETTE PERMITS WHEREAS, the following firma and peraono have made application, filed the bond, and paid the mulct tax required by law for the oale of cigorattea and cigarette papers; therefore, HE IT RESOLVED BY THE CITY COUNCIL Oy ICWA CITY, IOWA, that the applications be granted and the cigarette bond now on file in the office of the City -Clerk be and the same are hereby approved, and the City Clerk be and he ie hereby directed to issue a permit to oell cigarette papers and cigaTettea to the following named persons and firma: Central Vendors, Inc. dba/Serendipity Lounge, 1320 Highland Ct. i It was moved by deProsse and seconded by Foster that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Balmer X deProsse X Foster X Neuhauser X Perret X Selzer X Vevera X Passed this 27th day of Sept. 19 77 7109 1 ..FSOLUPION NO. 77-386 A RESOLUTION RELEASING THE M]UMSE CORPORATION FROM CERTAIN TERMS OF A SUBDIVISION AGREEMENT UPON THE DEPOSIT OF ESCROW MONIES. WHEREAS, on April 19, 1977, the undersigned City of Iowa City, Iowa, lro and the Mese Corporation entered into an agreement to install various Improvements in "The Westwinds" development, a copy of which is attached to this certificate and by this reference made a part hereof, and WHEREAS, pursuant to said agreement the Melrose Corporation has installed certain Improvements required by said agreement but has not com- pleted all such called for Improvements, and WHEREAS, the Melrose Corporation has deposited monies into an escrow fund to be used toward completion of any remaining Improvements to be conn pleted, and WHEREAS, the City Engineer has found that the amount deposited in es- crow is sufficient to complete the remainder of said Improvements and would constitute compliance by the Melrose Corporation with the required Improvements with respect to Lot 1 of said "The Westwinds" development. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the City of Iowa City releases and waives any claim or lien against any property located in Lot 1, Westwinds subdivision as allowed in the March 18, 1977, agreement with the exception of any com- pliance required by the City for the installation of sidewalks in said Lot 1. It was moved by Balmer and seconded by Foster that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Balmer X deProsse X Foster X Neuhauser X Perret X Selzer X Vevera Passed and approved this 27th day of September ►vim Mayor r City Clerl I{ECEIVED & APPRO9EL BY ,TRE LEG11L l p.IUT?MENT ( vN� 1977. ,7 7e AGREEMENT This Agreement made by and between Melrose Corporation the owner and subdivider hereinafter called the "Subdivider", and the City of Iowa City, Iowa, a municipal corporation hereinafter called the "City" WITNESSES: Section 1. Consideration and Covenant. In consideration of the City approving the proposed large scale residential development and subdivision, "West - winds", the Subdivider agrees as a covenant running with the land that the City shall not approve any building permit on any lots in the said subdivision unless and until concrete paving at least *7$ feet in width, water mains and sanitary storm sewers have been installed in front of or adjacent to any lot on which a building permit had been requested, as required by the City of Iowa City, Iowa, under its platting ordinance. Section 2. Construction of Improvements. All such improvements as stated in Section 1 of this i Agreement shall be constructed and installed by the subdivider according to the plans and specifications of the City of Iowa City, Iowa, and under the direction of the City Engineer. Said direction shall consist of occasional inspection of the work in progress, but shall not relieve or release the Sub- divider from its responsibility to construct said improvements pursuant to said plans and specification. Section 3. Sidewalks. The Subdivider agrees that within one year from the Recei-A & A-011al By The Legal Cap a�lYr-r, E DU APR 141977 ABBIE STOLFU� CITY CLERK date of the approval of the final plat of siad subdivision, to install sidewalks in said subdivision abutting said lots and within the "Walkways" designed on the plat, at least 4 feet in width and according to the plans and specifications of the City of Iowa City, and under the direction of the City Engineer as specified in Section 2. Section 4. Building Permit and Escrow Monies. It is further provided, however, that in the event the Subdivider, its assigns or successors in interest, should desire a building permit on any lot in said subdivision for which pavement, water mains and sanitrry sewers are not in- stalled, the Subdivider, its assigns or successors in interest, shall deposit with the City Clerk in escrow an amount equal to the cost of said improvements plus 10 per cent thereof as determined by the City Engineer's Office of the City of Iowa City, Iowa. When said funds are deposited then in that event the Building Inspector of the City of Iowa City, Iowa shall issue a building permit provided that the applicant complies with all other requirements and ordinances of said city. Section 5. Occupancy Permit. Prior to the issuance of an occupancy permit for any building erected pursuant to Section 4, the City in its dis- cretion may require the Subdivider, its assigns or successors in interest, to construct and install such improvements as stated in Section 1. Section 6. Use of Escrow Monies. If after the issuance of an occupancy permit, the im- provements as stated in Section 1 have not been constructed and installed, the City may use any funds deposited in escrow to construct and install such improvements. Should the cost 7%� of the construction and installation of said improvements exceed the amount of siad escrow, the City shall have a lien and charge against all the lots adjacent to or in front of which said improvements are made. The City shall refund to the depositor any escrow monies not used by the City after the construction and install- ation of such improvements. Section 7. Waiver. In the event the Subdivider, its assigns or successors in interest, should sell or convey lots in said subdivision without having had constructed or installed the pavement, water mains and sanitary sewers; or if the Subdivider, its assigns or successors in interest or the owners of the lots in said subdivision should fail to construct sidewalks, the City shall have the right to install and construct said im- provements and the costs of said improvements shall be a lien and charge against all the lots adjacent to or in front of which improvements are made and any lots which may be assessed for improvements under the provision of Chapter 384 of the Code of Iowa. The cost of such improvements need not meet the requirements of notice, benefit or value as provided by law of the State of Iowa for assessing such improvements. It is further provided that this requirement to so construct said improvements is and shall remain a lien from date until pro- perly released as hereinafter provided. The City agrees when such improvements have been in- stalled to the satisfaction of the City it will immediately file in the Office of the County Recorder of Johnson County, Iowa, a good and sufficient release to various lots in said subdividion so that this Agreement will not constitute a 773 cloud upon the title of the lots in said subdivision. Section 8. Street Maintenance. It is further provided that the subdivider and its assigns and successors in interest agree that the public services including but not limited to street maintenance, snow removal, rubbish and garbage collection need not be extended in said subdivision until the pavement is installed and accepted by the City. Dated this f � day of1977, at Iowa City, Iowa. By: Me!�ZveqjCioents, Ltd. Bruch A. Orr Sole Gan ral Partner of Medi ents Ltd., an Iowa Limited Partnership _ STATE OF IOWA ) ) ss: COUNTY OF JOHNSON ) I, Larry Wall, a notary public in and for said county, in the state aforesaid, do hereby certify that Bruce A. Orr, to me personally known to by president of Melrose Corporation, a corporation, and also known to me to be the person whose name subscribed to the foregoing instrument, appeared before me this day in person and acknowledged that as such president he signed, and delivered the said instrument as the free and voluntary act of said corporation, for the uses and purposes therein set forth, and that he was duly authorized to execute the same by the board of directors of said corporation. Given under my hand and notarial seal this 1 day of �j r�)"� 1977. 1 Notary Public �7y STATE OF IO?IA ) SS. COUNTY OF JOHNSON ) On this 's day of " ''t 1977, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Bruce A. Orr, to me known and being duly sworn, did say that he is the Sole General Partner of Med- ivestments, Ltd., An Iowa Limited Partnership, and that said instrument was signed on behalf of said Partnership by authority of its Articles of Limited Partnership and said Bruce A. Orr acknowledges said instrument to be the free act and deed of said partnership. Notary Public f �t LP.RRY V!>9LL RESOLUTION N0. 77-387 RESOLUTION ACCEPTING ITIE WORK ON THE FY78 LANDFILL EXCAVATION PROJECT WHEREAS, the Engineering Department has recommended that the im- provement covering the FY78 LANpFILL FxCAVATION PROJECT as included in a contract between the City of Iowa City and Barkers Inc. of Iowa City, Iowa, dated May 12, 1977, , be accepted, AND WHEREAS, the Council finds the improvement is in place and does comply with the requirements for such improvements, AND WHEREAS, maintenance bonds have been filed, NOW THEREFORE, BE IT RESOLVED by the City Council of Iowa City, Iowa, that said improvements be hereby accepted by the City of Iowa City, Iowa. It was moved by Selzer and seconded by Foster that the resolution as read be a opt , and upon roll call ere were: AYES: NAYS: ABSENT: BALMER x dePROSSE x FOSTER x NEUHAUSER x PERRET x SELZER x VEVERA x Passed and approved this 27th day of Sept. , 1977• Vl(A.I.0 C. Ajmgw Mayor ATTEST: C , City Clerk Rec:iv^d & Ap,r„oved By Thee L,{e�aa Dcparinxnt 1-7 ENGINEER'S REPORT FY78 LANDFILL EXCAVATION PROJECT SEPTEMBER 20, 1977 To the Honorable Mayor and City Council Iowa City Iowa Honorable Mayor and Councilpersons: I hereby certify that the improvements as constructed in a contract between the City of Iowa City and Barkers Inc. of Iowa City, Iowa, dated March 31, 1977, has been completed by said contractor in substantial accordance with the plans and specifications governing said improvements. I further certify that the improvements, as constructed, included the following quantities: ITEM DESCRIPTION 1. Excavate material, Stockpile and shape as required Resp ullQy submitted, Eug a A. Dietz, P.E. City Engineer EAD/jp UNIT UANTITY PRICE AMOUNT 87,000.00 cu. yds. $0.72 $62,640.00 CONTRACT AMENDMENTS $12,384.00 TOTAL CONTRACT AMOUNT 75,024.00 TOTAL PREVIOUSLY PAID 67,521.60 TOTAL DUE CONTRACTOR 7,502.40 '777 1Jr1\ RESOLUTION No. 77-389 RESOLUTION TO ISSUE CIGARETTE PERMITS WHEREAS, the following firma and persona have made application, filed the bond, and paid the mulct tax required by law for the sale of cigarettes and cigarette papers; therefore, ' BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the applications be granted and the cigarette bond now on file in the office of the City Clerk be and the same aro hereby approved, and the City Clerk be and he is hereby directed to issue a permit to sell cigarette papers and cigarettes to the following named persons and firms: Hawkeye Oil -Co., 300 Kirkwood Ave. I.C.B.B., Ltd. dba/The Brown Bottle, 114 South Clinton It was moved by Foster and seconded by Balmer that the Resolution as read be adopted, and upon roll ca 1 there were: AYES: NAYS: ABSENT: Balmer X deProsse X Foster X Neuhauser X Perret X Selzer X Vevera X Passed this 4th day of October 19 77 . RESOLUTION NO. 77-388 ?Res hdwi n of Ti mmenbtt#wn Phereas, WALLACE E. CARLSON submitted a resignation from the service of the City of Iowa City effective Septten&A 30, 1977, and ewhereas, the said WALLACE E. CARLSON as an employee of the Pubti.c WoAk4 Departtment has given the City of Iowa City 10 yeau of dedicated service. from Octobers, 1967and .to OctobeA, 1977, and PlIrreas, the City Council wishes to commend the said WALLACE E. CARLSON for said service. ,Nofu Therefore he it Xesnlbeb bg the CHU Cmutcil of �ofva Titq, �Jofoa: 1. That the City Council of Iowa City, Iowa hereby commends WALLACE E. CARLSON for meritorious service in the Pube.i.c Won" Depantmen.t of the City over the years 2. That the City Council extends the gratitude of the City to the said WALLACE E. CARLSON for his service. 3. That the Mayor and City Clerk are hereby authorized and directed to certify a copy of this resolution to WALLACE E. CARLSON It was moved by Selzer tion be adopted. A CITY CLERK Passed and 4th day o6 and seconded by Foster that the Resolu- M C . tc MAYOR appuved .thio :Octobers. 1977. RESOLUTION N0. 77-31,. RESOLUTION TO REFUND CIGARETTE PERMIT WHEREAS, Regal Vending dba/Serendipity Pub at 1310 Highland in Iowa City, Iowa, has surrendered cigarette permit No. 78-79 , expiring June 30, 19 78 , and requests a refund on the unused portion thereof, now therefore, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that cigarette permit No. 78-79 , issued to Regal Vending be cancelled, and BE IT FURTHER RESOLVED that the Mayor and City Clerk be and they are hereby authorized and directed to drew a warrant on the General Fund in the amount of $ 75.00 , payable to Regal Vending as a refund on cigarette permit No. 78-79 It was moved by Foster and seconded by Balmer that the Resolution as read be adopted, and upon roll call there were: Balmer X deProsse X Foster x Neuhauser X Perret X Selzer X Vevera X Passed this 4th day of October , 19 77 f1191 9) RESOLUTION NO. 77-39u RESOLUTION TO REFUND CIGARETTE PERMIT WHEREAS Regal Vending dba/Valentino's at 115 E. College in Iowa City, Iowa, hes surrendered cigarette permit No. 78-70 , expiring June 30 , 19 78 , and requests a refund on the unused portion thereof, now therefore, _ BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that cigarette permit No. 78-70 , issued to Regal Vending dba/ Valentino's be cancelled, and BE IT FURTHER RESOLVED that the Mayor and City Clerk be and they are hereby authorized and directed to draw a warrant on the General Fund in the amount of $ 75.00 , payable to Regal Vending as a refund on cigarette permit No. 78-70 It was moved by Foster and seconded by Balmer that the Resolution as read be adopted, and upon roll call there were: Balmer deProsse Foster Neuhauser Perret Selzer Vevera AYES:. ABSENT: X X X X X X X Passed this 4th day of October , 19 77 7 9() RESOLUTION NO. 77-392 RESOLUTION DESIGNATING PREFhRRED REDEVELOPERS FOR REDEVELOPMENT PARCELS IN THE'DOWNTI'OWN URBAN RENEWAL PROJECT WHEREAS, the City of Iowa City, Iowa, has under date September 2, 1970, entered }nto a contract for loan and grant with the United States of America; and, WHEREAS, the City of,Iowa City, Iowa, has undertaken pursuant to said contract an Urban Renewal Project known as the City -University Project I, Project No. Iowa R-14; and, WHEREAS, the City of Iowa City, Iowa, has received an entitlement of funds pursuant to the Housing and Community Development Act of 1974; and, WHEREAS, the City of Iowa City, Iowa, has, pursuant to the provisions of . Title 24, Part 570, Section 570.801(c) of the Code of Federal Regulations, transferred Community Development Block Grant funds to said Urban Renewal project, and transferred control of certain real property acquired in carrying out said Urban Renewal project to the City Council of the City of Iowa City from the City Council acting as LPA, by Resolution No. 76-446, dated December 14, 1976, and by Resolution No. 77-312, dated August 9, 1977; and, WHEREAS, the City Council of Iowa City, Iowa, caused to be issued a solicitation of offers to purchase land for private redevelopment; and, WHEREAS, offers to purchase land for private redevelopment were received and opened by the City of Iowa City on September 15, 1977; and, WHEREAS, all offers to purchase received have been reviewed by the City staff and the City Council; NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that pursuant to the authority granted by Section 403 of the 1977 Code of Iowa and Section 570.801(c) of Part 570, Title 24, Code of Federal Regulations, and pursuant to the procedures specified in Section 5, Iowa City Downtown Urban Renewal Prospectus, the following redevelopers are designated as the preferred developers of the disposition parcels set forth below: Parcel Number Designated Developer 64 Dey Building Corporation 81-1 Richard Pieper 82-1a College Block Partners 82-1b North Bay Construction, Inc. 83-1/84-1 Old Capitol Associates 93-1/101-2 Pentacrest Garden Apartments 93-2 Ervin Lovetinsky 93-3 Rebid 101-1 Perpetual Savings and Loan Association 102-1 Mod Pod, Inc. 102-2 Old Capitol Associates 102-3,4 First Federal Savings and Loan Association 103-3 Old Capitol Associates zed Res. 77-392 -2- BE IT FURTHER RESOLVED that the City Manager is hereby authorized and directed to carry out the land disposition procedures in accordance with Iowa law, and as set forth in the Iowa City Downtown Urban Renewal Prospectus. BE IT FURTHER RESOLVED that these designations of preferred developers do not constitute 'acceptance of any offers to purchase. It was moved by 'deProsse and seconded by Perret that the Resolution as read be adopted and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x deProsse x Foster x Neuhauser x Perrot x Selzer x Vevera Passed and approved this 4th day of October 1977. Mayor r; o tem ATTEST: City Clerk 1-193 RESOLUTION NO. 77-393 RESOLUTION APPROVING FINAL PLAT OF STURGIS CORNER ADDITION, PART II WHEREAS, a final plat of Sturgis Corner, Iowa City, Iowa, has been filed with the Clerk of Iowa City, and after consideration was found to be in accordance with the provisions of the laws of the State of Iowa and the ordinances of the City of Iowa City, Iowa, by the Iowa City Planning and Zoning Commission, and WHEREAS, an improvement agreement has been entered into between the City of Iowa City and Southgate Development Company, Inc., which provides for the installation of concrete paving within such subdivision, and WHEREAS, the City of Iowa City has agreed to the following waivers and contingencies to the approval of the final plat: 1) reduction of right-of-way width to 45'; 2) reduction of pavement width to 25'; 3) installation of sidewalks along the streets proper be waived; 4) installation of a 4" x 6' asphaltic concrete walkway along the river; and 5) signatures of the utility companies. WHEREAS, the dedication has been made with the free consent and in accordance with the desire of the proprietors. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Iowa City, Iowa, that the said final plat of Sturgis Corner be and the same is hereby acknowledged and approved on the part of Iowa City, Iowa, and the dedication of the streets as by law provided is hereby accepted. BE IT FURTHER RESOLVED that at such time as the certificates required pursuant to the provisions of Chapter 409 of the Code of Iowa have been executed and presented to the Clerk, the Mayor and the Clerk are hereby directed to certify a copy of this resolution to the County Recorder of Johnson County, Iowa. Moved by deProsse , seconded by Balmer that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: BALMER dePROSSE FOSTER NEUHAUSER PERRET SELZER VEVERA RECEIVED & APPROVED BY TIIE LEGAL DEPARTMENT 79; Resolution No. 77- 393 Page 2 Passed and approved this 4th day of October , 1977. Oct'"W, ch R-4� Mayor Pro c:, ATTEST: l .k' 1i ( et - City Clerk �l The foregoing resolution is hereby duly certified by Abbie Stolfus, the City Clerk of Iowa City, as a true and exact copy of the resolution of the City Council of Iowa City, Iowa, adopted at a regular meeting held on the 4th day of October 1977. ( Cry t Abbie Sto fus, City Clerk of Iowa City, Iowa 7gS RESOLUTION NO. 77-394 RESOLUTION REGARDING EPSTEIN'S BOOK COMPANY, INC. WHEREAS, the City of Iowa City, Iowa, has rented a modular unit in the Clinton Street Mall to Harry Epstein and Glenn Epstein doing business as Epstein's Bookstore, and, WHEREAS, the City has obtained a judgment against Harry Epstein and Glenn Epstein for back rent and has pursuant to that judgment levied upon certain relocation benefits under the Federal Uniform Relocation Assistance Act in the approximate sum of $4, 500. 00, which levy has been disputed by the receiver for the bankrupt, Epstein's Book Company, Inc. , and, WHEREAS, the receiver has agreed not to press any claims with respect to said $4, 500. 00 levy in the event the City agrees not to press claims against the bankruptcy estate of Epstein's Book Company, Inc. , for current rent due. NOW THEREFORE BE IT RESOLVED that the City of Iowa City, in consideration of the above, agrees as follows: 1. That the receiver, David Miller, may remain in possession of the Clinton Street Mall units through October 1, 1977, in order to hold a public bankruptcy auction and for a short period thereafter necessary for clean-up and vacation of any remaining items. 2. That the City agrees not to assert against the receiver any claim for the current rent due in the approximate amount of $3,765 .00. It was moved by deProsse and seconded by Foster �,y6 Res. No. 77-394 roll call there were: -2- that the resolution as read be adopted, and upon AYES Balmer x deProsse x x Foster Neuhauser x x Perret Selzer x Vevera x NAYS: ABSENT: Passed and approved this 4th day of October 1977. 0 M P. A Pl�-- Mayor Pro _ em Attest: City Clerk MCEIVED & APPROVED BY THE LEGAL DEPARTMENT SNq--I-1-1 7Y7 RES= TION NO. 77-395 A RESOLUTION AUIBORIZING TEMPORARY FREE PARKING ON BLOCKS 83 AND 84 ON DESIGNATED SATURDAYS. WHEREAS, the City Council of the City of Iowa City deems it in the public interest to provide public parking for the downtown areay and WHEREAS, Blocks 83 and 84, which are bounded by Washington Street to the north, Clinton Street to the east, Burlington Street to the south, and Capitol Street to the west, are presently Vacant. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF IOWA CITY, IOW1* that the City of Iowa City will permit free temporary parking on designated Saturdays from 8:00 A.M. to 5:30 P.M. on Blocks 83 and 84. It was moved by Balmer and seconded by Foster that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x deProsse x Foster x Neuhauser x Perret x Selzer x Vevera Passed and approved this 4th day of October 1977. Mayor Pro te.. - ATTEST: City Clerx RECEIVED & APPRr77, BY .THE LEGAL LEPARTYU."T 3 7-77 W e- Is RESOLUTION No. 77-396 lee.4--/,--& A RESOLUTION ADOPTING A SEWER TREATMENT PLANT SITE IDENTIFIED AS THE "NORTH SITE" AS A FAVORED LOCATION FOR THE IOWA CITY PASTE WATER TREATMENT PLANT, WHEREAS, the City of Iowa City has conducted a public hearing on proposed sites for the new Iowa City waste water treatment plant, and WHEREAS, the City Council deems it in the public interest to select the "north site" as identified in an aerial photo entitled "Proposed Treatment Plant Sites for Iowa City Waste Water Treatment Plant" dated September, 1977, and generally described as a 53 acre tract lying directly south of the south City limits and east of Sand Road, be designated as the favored site, and WHEREAS, the City Council is aware that this site and its selection is sub- ject to approval by the United States Environmental Protection Agency, the Iowa Department of Environmental Quality and the conclusions as determined in the complete waste water treatment plan. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOI4A, that the "north site" as exhibited in the "Proposed Treatment Plant Sites for Iowa City Water Water Treatment Plant" dated September, 1977, and generally described as a 53 acre tract lying directly south of the south City limits and east of Sand Road be designated as a favored site for the Iowa City waste water treatment plant. It was moved by Foster and seconded by Perret that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Balmer X deProsse X Foster X Neuhauser X Perret X Selzer X Vevera Passed and approved this 4th day of October 1977 Mayor Fro em ATTEST: City Clerk i RECEIVED & APPROVED RY TEE LEGAL DEPARTMEAT -- - 78 7 .,,. ,' � ,�`z � k � .y "H ': �( i �Ra � , � _ �4� �. i ' �a�, ti ? R� � Vj�///ySy'.' 1. 1 F. d, 'fes." � L �a J� l '��f'yy 'p +iht<I �' ,� "� < , 6". r'` , t ,�'..'., . , ar. � ��� ( ,, n � ;i +"� x � �. ,� rf�:, rkr r �' yy.� rr.7^;yl : �� � ... r� � ,y1 .d'" r y� ` s , r ]yp .4�„r 'r � d 4yt-, ,p k}.'. � �, �.,� s” `� � r +,� Y n< �`�� � � �4�� � a r �r� a�,i �� ` � : � , Tqf� A , �•' .�j4Y�d A �{�� h 3o fq�' I: � I l0�`' ``yy��� � �"bY 1 4 ..+ ;: r yi74M' RESOLUTION NO. 77-397 RESOLUTION AUTHORIZING JOINT AG2Ea= BETWEW THE IOWA CITY LIBRARY BOARD OF TRUSTEES AND THE COUNCIL OF THE CITY OF IOWA CITY TO COORDINATE NEGOTIATING PROCEDURES FOR PURPOSES OF COLLECTIVE BARGAINING. WHEREAS, the Public Employment Relations Board has recognized that Library Boards are the enployers of Library enployees within the meaning of Chapter 20 of the 1977 Code of Iowa, and WHEREAS, this same Chapter 20 permits cooperation and coordination of bar- gaining between two or mre bargaining units, and WHEREAS, coordination would be beneficial to both parties given the Iowa City Council's financial responsibilities and the Iowa City Library Board's administrative responsibilities for library service in Iowa City, and WHEREAS, procedures are necessary to make this coordination effective, and WHEREAS, the Iowa City Library Board of Trustees and the Council of the City of Iowa City wish to enter into a joint agreement to coordinate negotia- ting procedures for purposes of collective bargaining, a copy of which agreement is attached to this resolution as "Exhibit A", and by this reference made a part hereof. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, • r• 1. That the Mayor be authorized to sign, and the City Clerk to attest, this resolution, and the attached joint agreerrent between the Iowa City Library Board of Trustees and the Council of the City of Iowa City, Iowa, to coordinate negotiating procedures for purposes of collective bargaining. It was moved by deProsse , and seconded by Foster that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X X X X X X X Passed and approved this 4th Balmer deProsse Foster Neuhauser Perret Selzer Vevera day of October , 1977. OC" -W &V"410 - Mayor Pro tem ATTEST: City Clerk ITC77LV77 k 79d JOINT AGREEMENT BETWEEN IOWA CITY LIBRARY BOARD OF TRUSTEES AND CITY COUNCIL OF IOWA CITY TO COORDINATE NEGOTIATIONS PRO- CEDURES FOR PURPOSES OF' COLLECTIVE BARGAINING An agreement made and entered into this yA- day of � ', 1977 by and between 'the City Council of Iowa C ti y, Iowa, and the Board of Trustees of the Iowa City Public Library, Iowa City, Iowa. WHEREAS, the Public Employment Relations Board has recognized that Library Boards are the employers of Library employees within the meaning of Chapter 20 of the 1975 Code of Iowa, and WHEREAS this same chapter 20 permits cooperation and coordination of bargaining between two or more bargaining units, and WHEREAS coordination would be beneficial to both bodies given the Iowa City Council's financial responsibilities and the Iowa City Library Board's administrative responsibilities for library service in Iowa City, and WHEREAS procedures are necessary to make this coordination effective, NOW THEREFORE IT IS AGREED AS FOLLOWS: 1. Both bodies will bargain in coordination with the duly appointed representatives of their respective employee organizations. 2. The Library Board will designate the City Manager of Iowa City, or his designee, as the bargaining representative for the Iowa City Public Library Board of Trustees. 3. The Library Director or her designee will be a member of the negotiating team and shall represent the Iowa City Public Library Board of Trustees in issues of specific concern to library operations and/or library employees. 4. The Iowa City Public Library Board of Trustees will be notified of all executive sessions of the City Council of Iowa City called for the purpose of discussing contract negotiations. 5. Subsequent to any negotiated contract the Library Director will be represented on any grievance committee formed as a condition of that contract. 6. This agreement shall cover the period from date of adoption thru the period of any contract covering library employees which may be negotiated for the period beginning July 1, 1978. resident, o City Boa d of Library Trustees at� !'ro tc:,• 160117,` Date RECEIVED & APPROVED By ,SHE LEGAL DEPARTMENT 7 9/ l RESOLUTION AUTHORIZING BOARD PRESIDENT TO ENTER INTO STIPULATION WITH LOCAL 183, AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES WHEREAS, the laws of Iowa allow public employees to bargain collectively after July 1, 1975, and WHEREAS, the Public Library Board of Trustees has re- ceived a request for formal recognition from Lyle Abel, President, Local 183, American Federation of State, County and Municipal Employees, and WHEREAS, the unit proposed by the above entitled employee organization is an appropriate unit within the meaning of Chapter 20 of the 1975 Code of Iowa, NOW, THEREFORE BE IT RESOLVED BY THE IOWA CITY PUBLIC LIBRARY BOARD OF TRUSTEES that the Library Board President be authorized to enter into the attached stipulation on behalf of the Public Library of Iowa City, Iowa, for pur- poses of certification and unit determination. It was moved by >�9e"/"Lbl% and, seconded by'a/C}/'E�S"7J that the resolution as read be adopted. L V rary Board Secre> ry Passed and approved this �:�? 2 , September, 1977. RECEIVED & APPROVED ly-TRE LEGAL DEPARTMENT RESOLUTION NO. 77-398 RESOLUTION TO REFUND A PORTION OF CLASS C LIQUOR LICENSE FFr. WHEREAS, Emily K. Starbuck dba/ Lazy Leopard Lounge l • J at 122 Wright St. has surrendered Liquor License #C-7898 to the Iowa State Beer F, Liquor Control Department, and has received the State share of 35% of one quarter of the liquor license fee, and, WHEREAS, the above licensee has applied for refund of the City, share of 65% of one quarter of the liquor license fee, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the Mayor and City Clerk be authorized and directed to draw a warrant on the General Fund in the amount of $ 211.25 , payable to Emily K. Starbuck dba/Lazy Leopard Lounge for refund of portion of Liquor Permit q C-7898 It was moved by Selzer and seconded by Balmer that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Balmer X deProsse x Foster x Neuhauser x Perret x Selzer x Vevera Passed and approved this lltli ATTEST: City Clerk day of October , 19 77 Mew i L h_ , 1 Ts -173 RESOLUTION NO. 77-399 RESOLUTION APPROVING FINAL PLAT OF PEPPERWOOD ADDITION PART I WHEREAS, a final plat of Pepperwood Addition, Iowa City, Iowa, has been filed with the Clerk of Iowa City, and after consideration was found to be in accordance with the provisions of the laws of the State of Iowa and the ordinances of the City of Iowa City, Iowa, by the Iowa City Planning and Zoning Commission, and WHEREAS, an improvement agreement has been entered into between the City of Iowa City and Braverman Development Inc., which provides for the installation of concrete paving within such subdivision, and WHEREAS, the dedication has been made with the free consent and in accordance with the desire of the proprietors. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Iowa City, Iowa, that the said final plat of Pepperwood Addition be and the same is hereby acknowledged and approved on the part of Iowa City, Iowa, and the dedication of the streets as by law provided is here accepted. BE IT FURTHER RESOLVED that at such time as the certificates required pursuant to the provisions of Chapter 409 of the Code of Iowa have been executed and presented to the Clerk, the Mayor and the Clerk are hereby directed to certify a copy of this resolution to the County Recorder of Johnson County, Iowa. The foregoing resolution was moved by Balmer and seconded by Foster at a duly convened meeting of the City Council of Iowa City, Iowa, held at the Civic Center, Iowa City, Iowa, on the lith day of October 1977, commencing at 7:30 P.M. Upon roll call, the following vote was taken: By 7:,- L-".] L.; - !.n'nt L Res. No. 77-399 -2- Balmer deProsse Foster Neuhauser Perret Selzer Vevera Aye X— Nay Absent"_ Aye X Nay Absent Aye x Nay Absent Aye x Nay Absent _ Aye x Nay Absent Aye x Nay Absent Aye Nay Absent x The foregoing is hereby duly certified by Abbie Stolfus, the City Clerk of Iowa City, as a true and exact copy of a resolution of the City Council of Iowa City, Iowa, ade at a regular meeting held op the 11th day of October 1977. Iowa City, Iowa Passed and approved this 11th day of October 1977. ATTEST: 2L k,2� City Clerk 7 57J RESOLUTION NO. 77-400 RESOLUTION APPROVING FINAL PLAT OF PEPPERWOOD ADDITION PART II WHEREAS, a final plat of Pepperwood Addition, Iowa City, Iowa, has been filed with the Clerk of Iowa City, and after consideration was found to be in accordance with the provisions of the laws of the State of Iowa and the ordinances of the City of Iowa City, Iowa, by the Iowa City Planning and Zoning Commission, and WHEREAS, an improvement agreement has been entered into between the City of Iowa City and Braverman Development Inc., which provides for the installation of concrete paving within such subdivision, and WHEREAS, the dedication has been made with the free consent and in accordance with the desire of the proprietors. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Iowa City, Iowa, that the said final plat of Pepperwood Addition be and the same is hereby acknowledged and approved on the part of Iowa City, Iowa, and the dedication of the streets as by law provided is here accepted. BE IT FURTHER RESOLVED that at such time as the certificates required pursuant to the provisions of Chapter 409 of the Code of Iowa have been executed and presented to the Clerk, the Mayor and the Clerk are hereby directed to certify a copy of this resolution to the County Recorder of Johnson County, Iowa. The foregoing resolution was moved by deProsse and seconded by Selzer at a duly convened meeting of the City Council of Iowa City, Iowa, held at the Civic Center, Iowa City, Iowa, on the 11th day of October 1977, commencing at 7:30 P.M. Upon roll call, the following vote was taken: P-7, Ivc9 & �; 1 �w 715�K Iowa UIcy, Iowa Passed and approved this 11th day of October 1977. ATTEST: City Clerk Res. No. 77-400 -2- Balmer Aye x Nay Absent deProsse Aye x Nay Absent Foster Aye x Nay Absent Neuhauser Aye x Nay Absent Perret Aye x Nay Absent Selzer pye x Nay Absent Vevera Aye Nay Absent The foregoing is hereby duly certified by Abbie Stolfus, the City Clerk of Iowa City, as a true and exact copy of a resolution of the City Council �of Iowa City, Iowa, ade at a regular meeting held on the 11th day of October 1977. Iowa UIcy, Iowa Passed and approved this 11th day of October 1977. ATTEST: City Clerk RESOLUTION NO. 77-401 A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN APPLICATION FOR A STATE TRANSIT ASSISTANCE CAPITAL AND OPERATING GRANT FROM THE IOWA STATE DEPARTMENT OF TRANSPORTATION. WHEREAS, the City of Iowa City, Iowa, has undertaken to provide its residents with a public transportation system, and WHEREAS, the City wishes to continue the current level of service and provide selected transit service improvements, and WHEREAS, the Iowa State Department of Transportation is offering a state transit assistance capital and operating grant which is designed to assist local governmental units in assuming the considerable financial burdens of a public transportation system, and WHEREAS: 1. The State Transit Assistance Grant is being applied for in the amount of $277,205. 2. This Grant will provide assistance for a. Transit operating deficit reduction = $188,548 b. Transit service improvements = $75,427 c. Capital acquisitions = $13,230 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the Mayor be directed to execute an application to the Iowa State Department of Transportation, Public Transit Division for a state transit assistance capital and operating grant. It was moved by Balmer and seconded by deProsse that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x deProsse x Foster x Neuhauser x Perret x Selzer x Vevera 7,7/ r Res. No. 77-401 Page 2 Passed and approved this 11th day of October , 1977 - Mayor ATTEST: _ City Clerk AEC ,TVED [, 1,PPROVED ly Tr. z G l ,EpARTiEITT 7710 RESOLUPION NO. 77-402 A RESOLUPION TO AMEND THE PERSONNEL RULES AND REGULATIONS MANUAL OF THE CITY OF IOWA CITY TO PROVIDE A BROADER POLICY STATEMENT FOR THE RECOVERY AND REHABILITATION PROGRAM FOR MUNICIPAL EMPLOYEES. WHEREAS, the City of Iowa City recognizes that job performance and employee well-being are closely related, and WHEREAS, the City recognizes that alcoholism and other social health problems can be successfully treated, and WHEREAS, the City is providing an employee assistance program for employees with difficulties caused by alcoholism and other social health problems. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the Personnel Rules and Regulations Manual of the City of Iowa City be amended as follows: Employee Conduct and Relations 1. Policy. The "Employee Assistance Program" has evolved from management's awareness that job performance and employee well-being are closely related. It is a program whereby management can provide assistance in a strictly confidential manner to employees with debilitating social and health pro- blems which are effecting the employees job performance. The emphasis of the program is in the recognition, prevention, and treatment of alcoholism and other social health problems. It is the City's policy to recognize alcoholism as an illness which can be successfully treated. The City further recognizes that other social health problems which affect an employee's performance, such as marital, financial and emotional, can successfully repond to treat- ment or counseling. No employee will have his or her job security or promotional opportunities jeopardized by referral or voluntary request for evaluation and treatment. Supervisors are not expected to make diagnosis or other professional judgments relating to alcohol or other social health problems. Their responsibility is to refer the employee to the Alcohol and Family Counseling Center, who will arrange for evaluation and/or treatment. The referral is to be based strictly on unsatisfactory job performance. It will be the responsibility of the employee to comply with the referrals for evaluation and to cooperate with the prescribed treatment as a condition of continued work. yt-yd Res. No. 77-402 -2- When an employee refuses the offer of help, or fails to respond to treatment, the employee's supervisor will handle the situation the same as any other problem of deteriorating job performance. 2. Procedures. The supervisor is responsible for determining what constitutes satisfactory work performance. Although maximum assistance through rehabilitation will be extended, if job performance is not raised to an acceptable level, appropriate disciplinary action will be taken. Employees who suspect they may have a drinking problem, even in the early stages, are encouraged to seek treatment or counseling on a confidential basis through a recognized problem drinking center. If the employee does not seem in complete control of the personal situation, the supervisor shall be responsi- ble for the referral in conjunction with the Department Head and Personnel Director. It was moved by Foster and seconded by Balmer that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Balmer X deProsse X Foster X Neuhauser X Perret X Selzer X Vevera Passed and approved this 11th day of October Mayor ATTEST: City Clerk RECEIVED & Air - By THE LEGAL DFPART14ENT 1977. j RESOLUTION No. 77-403 RESOLUTION OF APPROVAL OF CLASS "C" BEER PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Claes "C" Beer Permit Application is hereby approved for the following named per- son or persons at the following described locationso Inland Transport Co. dba/Kirkwood 76, 300 Kirkwood Ave. Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance or state law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, surety bond and all other information or documents required to the Iowa Beer and Liquor Control Dppartment. It was moved by Balmer and seconded by Perret that the Resolution as read be adopted, and upon roll call there were: Balmer deProsse Foster eu auser erre e zer evera A7Si NAYSe ABSENTt x x x x x x Passed this 18th day of October , 19 77 RESOLUTION NO. 141 77-404 LASS C Beer BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Beer Sunday Sales Permit application is hereby approved or a ollowing named person or persons at the following described location: Inland Transport Co. dba/Kirkwood 76, 300 Kirkwood Ave. Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance of state law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, bond, and all other information or docu— ments required to the Iowa Beer and Liquor Control Department. It was moved by Balmer and seconded by Perret that the Resolution as read e a op e , and upon roll call there were: AYES: NAYS: ABSENT: Balmer x deProsse x Foster x Neuhauser x Perret x Selzer x Vevera x Passed this 18th day of October lg 77 9nz RESOLUTION NO. 77-405 RESOLUTION TO REFUND A PORTION OF CLASS C LIQUOR LICENSE FEE WHEREAS, Terrence W. Taylor The Serendipity Pub at 1310 Highland Court has surrendered Liquor License M C-8039 , to the Iowa State Beer 6 Liquor Control Department, and has received the State share of 3S1 of one quarter of the liquor license fee, and, WHEREAS, the above licensee has applied for refund of the City' share of 651 of One quarter of the liquor license fee, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOIVA, that the Mayor and City Clerk be authorized and directed to draw a warrant on the General Fund in the amount of $ 211.25 payable to Terrence Taylor 208 Westgate, Cedar Falls,IA for refund of portion of Liquor Permit s C-8039 It was moved by Balmer and seconded by Perret that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x deProsse x Foster x Neuhauser x Perret x Selzer x Vevera Passed and approved this 18 day of October 19 77 Mayor ATTEST: ty Clerk 114 7n � ve RESOLUTION NO. 77-406 RESOLUTION APPROVING CLASS C LIQUOR CONTROL LICENSE APPLiMTM BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Liquor Control License application is hereby approve��or the following named person or persona at the following described location: Richard Jack Bartholomew dba/Bart's Place, 826 South Clinton Said approval shall be subject to any conditions I or re- strictions hereafter imposed by ordinance or State law. The City Clerk shall cause a recommendation for approval to he endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond, sketch of the premises and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by Balmer and seconded by Perret that the Resolution as rea�5e adopted, and upon rZ�caII there were: Balmer deProsse Foster Neuhauser Perret Selzer Vevera AYES: NAYS: ABSENT: x Passed and approved this 18th day of October , lg 77 914 RESOLUTION NO. 77-407 RESOLUTION TO ISSUE CIGARETTE PERMITS WHEREAS, the following firms and persons have made application, filed the bond, and paid the mulct tax required by law for the sale of cigarettes and cigarette papers; therefore, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IO,JA, that the applications be granted and the cigarette bond now on file in the office of the City Clerk be and the same are hereby approved, and the City Clerk be and he is hereby directed to issue a permit to sell cigarette papers and cigarettes to the following named persons and firma: Richard J. Bartholomew dba/Bart's Place, 826 South Clinton It was moved by Balmer and seconded by Perret that the Resolution as read be adopted, and upon roll ca there were: AYES: NAYS: ABSENT: Balmer X deProsse X Foster X Neuhauser X Perret X Selzer X Vevera X Passed this 18th day of October , 19 77 aA c RESOLUTION NO. 77-408 RESOLUTION AUTHORIZING CITY MANAGER TO PURCHASE PROPERTY FROM IOWA CITY CATHOLIC HIGH SCHOOL, INC., (REGINA HIGH SCHOOL), AND FLOOD WAY EASEM NIS FROM MIER ADJACENT PF40PERTY OWNERS. WHEREAS, the City of Iowa City, Iowa, (hereinafter the City) desires to purchase real property from the Iowa City Catholic High School, Inc., generally described as follows: 1. A tract containing forty (40) acres, more or less, described as the Northwest 1/4 of the Northeast 1/4 of Section 11, Township 79 North, Range 6 West of the 5th P.M. 2. A floodway easement over a tract containing twenty-two (22) acres, more or less, described as the North 730 feet of the North- east 1/4 of the Northeast 1/4 of Section 11, Township 79 North, Range 6 West of the 5th P.M. M. WHEREAS, the City desires to purchase additional floodway easements fran other adjacent property owners as necessary. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the City Manager is authorized to effect the purchase of the above- described property interests. 2. That the Mayor is authorized to sign, and the City Clerk to attest, this Resolution. It was moved by deProsse and seconded by Selzer that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x deProsse x Foster x Neuhauser x Perret x Selzer x Vevera Passed and approved this 18th day of October 1977. tAajLAC . Ax c cu� Mayor ATTEST: LG�Z�LG City Clerk RECEIVED & A_-_._ BY THE OAS D` lgg�? 111 �j frDG RESOLUTION NO. 77-409 RESOLUTION APPROVING FINAL PLAT OF VILLAGE GREEN SOUTH WHEREAS, the owner and proprietor, Village Green South, Inc. filed with the City Clerk the final plat and subdivision of Village Green South located on the following described real estate in Iowa City, Johnson County, Iowa, to -wit. Commencing at the center of Section 13, T79N, R61V of the 5thP.M.; thence S 0° 39' 00" IV, 1805.10 feet on the west line of the southeast 1/4 of said Section 13 to the point of beginning, which point being the SE corner of Towncrest Part 4, an addition to Iowa City, Iowa; thence S 00 39' 00" W, 900.00 feet on the west line of the southeast 1/4 of said Section 13; thence S 29° 04' 00" IV, 186.24 feet; thence S SS* 38' 39" 1V, 55.91 feet; thence S 29° 04' 00" W, 150.00 feet to the northerly R.O.W. line of the Chicago, Rock Island and Pacific Railroad; thence N 600 56' 00" 1V, 480.00 feet on said northerly R.O.W. line of railroad; thence N 29° 04' 00" E, 416.00 feet; thence N 0° 39' 00" E, 633.50 feet to the SW corner of said Towncrest Part 4; thence S 89° 21' 00" E, 430.00 feet on the South line of said Towncrest Part 4 to the point of beginning. Said tract containing 12.12 acres. WHEREAS, said real estate is owned by the above named corporation, and the dedication has been made with the free consent and in accordance with the desire of the proprietor. WHEREAS, said plat and subdivision is found to conform with Chapter 409 of the 1977 Code of Iowa and all other statutory requirements. WHEREAS, said plat and subdivision was examined by the Planning and Zoning Commission which recommended that said plat and subdivision be accepted and approved. NOW, THEREFORE, BE IT RESOLVED by the City Council of Iowa City, Iowa, that said plat and subdivision located on the above described real estate be, and the same is hereby approved, and the dedication of the streets, easements and public area identified on the plat as Parcel. B as by law provided is hereby accepted. go Res. 77-409 .- 2 - BE IT FURTHER RESOLVED that the City Clerk of Iowa City, Iowa, is hereby authorized and directed to certify a copy of this Resolution to the County Recorder of Johnson County, Iowa. The foregoing resolution was moved by Balmer and seconded by Selzer at a duly convened meeting of the City Council of Iowa City, Iowa, held at the Civic Center, Iowa City, Iowa, on the 18th day of October 1977, commencing at 7:30 P.M. Upon roll call, the following vote was taken: Balmer Aye x Nay Absent deProsse Foster Aye x Nay Absent Aye x Nay Absent Neuhauser Aye x Nay Perret Aye x Nay Selzer Vevera Aye x Nay Aye x Nay Absent Absent Absent Absent The foregoing is hereby duly certified by Abbie Stolf_ijs as a true and exact copy of a Resolution of the City Council of Iowa City, Iowa, made at a regular meeting held on the 18th day of October 1977. W- g'-) g Res. 77-409 " 3 - rJUL - . ) City Clerk of Iowa Ci Yy1 Iowa Passed and approved this 1977. ATTEST: MY Clerk 18th day oP October t q Mayo �,j RESOLUTION NO. 77-410 RESOLUTION AMENDING PAY RANGE FOR CLASSIFIED PERSONNEL, RESOLUTION NO.77-215 FOR CONFIDENTIAL EMPLOYEES. WHEREAS, the City of Iowa City, Iowa, employs certain personnel subject solely to the action of the City Council referred to as classified personnel, and WHEREAS, it is necessary to amend the Pay Range for Classified personnel as authorized by Resolution No. 77-215, NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, THAT, Resolution No. 77-215 be amended as follows: The following confidential employees shall receive as salary compensation that amount which is set forth after each respective title in lieu of all other fees and compensations except as otherwise provided by law, and where said confidential employee shall receive or collect any fees or other compensation from others for services as such employee, he or she shall pay the same over to the City Clerk for the City Treasury. CONFIDENTIAL EMPLOYEES PAY PLAN Effective October 1, 1977 TITLE MIN MAX Clerk/typist-Confidential 674 814 Sr. Clerk/typist-Confidential 726 880 Mag Card Operator -Confidential 726 880 Secretary -Confidential 814 992 Sr. Account Clerk -Confidential 814 992 Sr. Bus Driver -Confidential 814 992 Deputy City Clerk -Confidential 814 992 Secretary to the City Manager -Confidential 880 1076 Civil Rights Specialist -Confidential 916 1124 It was moved by deProsse and seconded by Perret that the Resolution as read b—e—a—d-0—pt—e—cFaind upon roll call there were: AYES: NAYS: ABSENT: X Balmer X deProsse X Foster X Neuhauser _X Perret _x Selzer x Vevera Gi/) Res. No. 77-410 -2- Passed and approved this 18th day of October 1977. RECEIVED & A` BY SHE LEGAL P// A�_ - _/'& RESOLUTION NO. 77-411 RESOLUTION AUTHORIZING AND DIRECTING THE CITY CLERK TO PUBLISH NOTICE OF INTENT TO ACCEPT PROPOSALS TO PURCHASE AND REDEVELOP CERTAIN URBAN RENEWAL PROPERTY WHEREAS, the City of Iowa City, Iowa, has under date September 2, 1970, entered into a contract for loan and grant with the United States of America; and, WHEREAS, the City of Iowa City, Iowa, has undertaken pursuant to said contract an Urban Renewal Project known as the City -University Project I, Project Number Iowa R-14; and, WHEREAS, the City of Iowa City, Iowa, has received an entitlement of funds pursuant to the Housing and Community Development Act of 1974; and, WHEREAS, the City of Iowa City, Iowa, has pursuant to the provisions of Title 24, Part 570, Section 570.801(c), of the Code of Federal Regulations, transferred Community Development Block Grant funds to said Urban Renewal Project, and transferred control of certain real property acquired in carrying out said Urban Renewal Project to the City Council of the City of Iowa City from the City Council acting as LPA, by Resolution Number 76-446, dated December 14, 1976, and by Resolution Number 77-312, dated August 9, 1977; and, WHEREAS, the City Council of Iowa City, Iowa, caused to be issued a solicitation of Offers to Purchase Land for Private Redevelopment; and, WHEREAS, Offers to Purchase Land for Private Redevelopment were received and opened by the City of Iowa City on September 15, 1977; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that pursuant to the authority granted by Section 403 of the 1977 Code of Iowa and Section 570.801(c) of Part 570, Title 24, Code of Federal Regulations, that the City Clerk is hereby authorized and directed to publish Notice of Intent to Accept Proposals to Purchase and Redevelop Certain Urban Renewal Properties, a copy of which notice is attached hereto and incorporated herein. BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to place on file and maintain for public inspection the Resolutions, Agreements, and Proposals referenced in said notice. The Resolutions and Agreements referenced in said notice are attached hereto and hereby incorporated herein. It was moved by deProsse and seconded by Foster that the Resolution as read be adopted and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x deProsse x Foster x Neuhauser x Perret x Selzer x Vevera il2, Res. 77-411 -Z- Passed and approved this 18th day of October 1977. ATTEST: lz�a� City Clery Mayor RECEIVED & APPROVED BY THE LEGAL/DEPARTMENT ,7i3 NOTICE OF SALE OF LAND Notice is hereby given that the City of Iowa City, Iowa, acting pursuant to Chapter 403 of the 1977 Code of Iowa, undertaking an Urban Renewal Project (said project bounded by Washington Street on the North, Linn Street on the East, Court Street on the South, and an irregular boundary including the Iowa River, Front Street and Capitol Street on the West, all in Iowa City, Iowa) in- tends to accept proposals and enter into contracts for sale of land for private redevelopment for the following described real property in said Urban Renewal Area with the redevelopers identified below: Parcel Number Redeveloper 81-1 Richard Pieper 82-1a College Block Partners 93-1/101-2 Pentacrest Garden Apartments 93-2 Ervin Lovetinsky 101-1 Perpetual Savings & Loan Association 102-1 Mod Pod, Inc. 102-3,4 First Federal Savings and Loan Descriptions of said real property may be examined in the office of the City Clerk, Civic Center, 410 East Washington Street, Iowa City, Iowa, between the hours of 8:00 a.m. and 5:00 p.m. Monday through Friday. Persons wishing to review the agreements prior to the execution thereof and conveyance of a deed to the above described redevelopers may do so until November 20 at the office of the City Clerk. Dated this 21st day of October, 1977. Abbie Stolfus City Clerk City of Iowa City .7ia RESOLUTION No. 77-412 RESOLUTION ACCEPTING TFB? WORK PERFORMED BY L. L. PELLING CO. FOR FY78 ASPHALT RESURFACING PROJECT WHEREAS, the Engineering Department has recommended that the im- provement covering the FY78 Asphalt Resurfacing Project as included in a contract between the City of Iowa City and L. L. Pelling Co. of Iowa City. Iowa. dated June 28, 1977 , be accepted, AND WHEREAS, the Council finds the improvement is in place and does comply with the requirements for such improvements, AND WHEREAS, maintenance bonds have been filed, NOW THEREFORE, BE IT RESOLVED by the City Council of Iowa City, Iowa, that said improvements be hereby accepted by the City of Iowa City, Iowa. It was moved by Balmer and seconded by Foster that the resolution as read be a opt , and upon roll call there were: AYES: NAYS: ABSENT: BALMER x dePROSSE x FOSTER x NEUHAUSER x PERRET x SELZER x VEVERA x Passed and approved this 18th daay1 of —October y , 1977. Mayor ATTEST: City Clerk r^r-:.._;, 101.1$ Sc'� 91% RESOLUTION NO. 77-413 RESOLUTION ACCEPTING THE WORK FOR THE COLLEGE/DUBUQUE MALL STORM & SANITARY SEWER PROJECT WHEREAS, the Engineering Department has recommended that the im- provement covering the College/Dubuque Mall Storm & Sanitary Sewer Proiect. as included in a contract between the City of Iowa City and Dave Schmidt Construction Co of Cedar Rapids, IA dated July 12. 1977 , be accepted, AND WHEREAS, the Council finds the improvement is in place and does comply with the requirements for such improvements, AND WHEREAS, maintenance bonds have been filed, NOW THEREFORE, BF. IT RESOLVED by the City Council of Iowa City, Iowa, that said improvements be hereby accepted by the City of Iowa City, Iowa. It was moved by Selzer and seconded by Foster that the resolution as read be a opt , and upon roll call there were: AYES: NAYS: ABSENT: BALMER X dePROSSE X FOSTER X NEUHAUSER X PERRET X SELZER X VEVERA X Passed and approved this 18th day of October , 1977• ATTEST i �n / .1115 ii/.�_ _`_ �. 1�l kd; 7 a V6 CERTIFICATION OF COMPLETION ( DRK and RECOMMENDATION OF ACCEPTANCE 6 Project No, 1179 Project Description _ College/Dubuque Mall Storm and Sanitary Sewer Project Owner: City of Iowa City, Iowa Contractor Dave Schmitt Construction Co., Inc -Address Cedar Rapids, Iowa Surety: Traveler's Indemnity Co. Address Hartford, Conn. This is to certify that the work covered by the contract between Dave Schmitt Construction Co., Inc. Cedar Rapids, Iowa dated July 12, 1977 Consisting of College/Dubuque Mall Storm and Sanitary Sewer Improvements For __$86,423.35 , has been completed in accordance with the plans and specifications this 1st day of October 19 77 RECOMMENDED FOR FINAL ACCEPTANCE_ iT—I DATE ASSOCIATED ENGINEERS, INC. RUSSElL,O. Flj{ BY IOWNN 0. 7985 APPROVED AND WORK ACCEPTED ON BEHALF OF a Z THIS DAY OF 19_ ATTEST 6& - CLERK U 91-7 RESOLUTION N0. 77-414 RESOLUTION ACCEPTING THE MATERIALS SUPPLIED UNDER THE CONTRACT FOR FURNISHING OF EQUIPMENT FOR THE JEFFERSON/MARKET SIGNALIZATION PROJECT WHEREAS, the Engineering Department has recommended that the materials supplied under the contract for furnishing of equipment for the Jefferson/Market Signalization Project between the City of Iowa City and Roger L. Brown Sales Agency, Inc. of Moline, Illinois, dated February 8, 1977, be accepted, and WHEREAS, the Council finds that the materials do comply with the project specifications, NOW, THEREFORE, BE IT RESOLVED by the City Council of Iowa City, Iowa, that said materials be hereby accepted by the City of Iowa City, Iowa. It was moved by Foster , and seconded by Balmer that the resolution as read be adopted, and upon roll callt erTi a were: Passed and approved this 18th day of October , 1977. MAYOR ATTEST: CITY CLERK .Q/0 AYES: NAYS: ABSENT: BALMER x dePROSSE x FOSTER x NEUHAUSER x PERRET x SELZER x VEVERA x Passed and approved this 18th day of October , 1977. MAYOR ATTEST: CITY CLERK .Q/0 'W r RESOLUTION NO. 77-415 RESOLUTION ACCEPTING PAVING AND STORM SEWER IMPROVEMENTS FOR A PORTION OF BRAVERMAN CENTER ADDITION WHEREAS, the Engineering Department has indicated that the following improvements have been completed in accordance with plans and specifications of the City of Iowa City, The paving & storm sewer improvements for Lots 1, 2, and 5 of Block 2, Braverman Center Addition. (formerly Lots 1 & 2 subsequently redivided) NOW THEREFORE BE IT RESOLVED by the City Council of Iowa City, Iowa, that said improvements be accepted by the City of Iowa City. It was moved by Foster and seconded by Balmer that the Resolution as read be accepted, and upon roll cal there a were_: AYES: NAYS: ABSENT: BALMER x dePROSSE x FOSTER x NEUHAUSER x PERRET x SELZER x VEVERA x Passed and approved this 18th day of October , 1977. ATTEST: CITY CLERK 70 RESOLUTION NO. 77-416 RESOLUTION APPROVING CLASS "B" BEER PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class "B" Beer Permit Application is hereby approved for the following named person or persons at the following described location: Joseph C. Momberg dba/Iowa City Maid -Rite, 630 Iowa Ave. Said approval shall be subject to any conditions or re- strictions hereafter imposed by ordinance or State law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by Foster and seconded by Perret that the Resolution as re—a adopted, and upon ro1T c—la 1 there were: AYES: NAYS: ABSENT: Balmer x deProsse x Foster x Neuhauser x Perret x Selzer Vevera x x Passed and approved this 25th day of _October 1 19 77 /ao RESOLUTION NO. AL OF 77-417 B Beer BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class B Beer Sunday Sales Permit application is hereby approved or a ollowing named person or persons at the following described location: Joseph C. Momberg dba/Iowa City Maid -Rite, 630 Iowa Ave. Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance of state law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, bond, and all other information or docu- ments required to the Iowa Beer and Liquor Control Department. It was moved by Foster and seconded by Perret that the Resolution as read e adopted, and upon roll call there were: AYES: NAYS: ABSENT: Balmer x deProsse x Foster x Neuhauser x Perret x Selzer x Vevera x Passed this 25th day of cto er i9 77 jai RESOLUTION NO. 77-418 RESOLUTION OF APPROVAL OF CLASS "C" BEER PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class "C" Beer Permit Application is hereby approved for the following named per- son or persona at the following described locatione: Drug Fair, Inc. dba/Drug Fair #2, 2425 Muscatine Ave. Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance or state law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, surety bond and all other information or documents required to the Iowa Beer and Liquor Control Department. It was'moved by Foster and seconded by Perret that the Resolution as read be adopted, and upon roll call there were: Balmer deProsse Foster eu auser erre Selzer evera AYES: NAYS: ABSENT: x x x x x x x Passed this 25th day of October, 19 77 RESOLUTION NO. 7-419 AL OF CLASS B Be 13E IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class B Beer Sunday Sales Permit application is hereby approved or a ollowing named person or persons at the following described location: Drug Fair, Inc. dba/Drug Fair #2, 2425 Muscatine Ave. Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance of state law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, bond, and all other information or docu- ments required to the Iowa Beer and Liquor Control Department. It was moved by Foster and seconded by Perret that the Resolution as read e adopted, and upon roll call leere were: AYES: NAYS: ABSENT: Balmer x deProsse x Foster x Neuhauser x Perret x Selzer x Vevera x Passed this 25th day of October 19 0 77 7a -y nv1;0, 77-4'cu RESOLUTION TO REFUND CIGARETTE PERMIT WHEREAS, Central Vendors, Inc. dba/Towncrest at 2303 Muscatine T xaco in Iowa City, Iowa, hag aurrendered cigarette permit No. 78-55 , expiring June 30, 19 78 , and requests a refund on the unused portion thereof, now therefore, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that cigarette permit No. 78-55 issued to Central Vendors, Inc. dba/Towncrest Texaco be cancelled, and BE IT FURTHER RESOLVED that the Mayor and City Clerk be and they are hereby authorized and directed to drew a warrant on the General Fund in the amount of $ 75.00 payable to Central Vendors, Inc. as a refund on cigarette permit No, 7R -5r, . It was moved by Foster and seconded by Perret that the Resolution no read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Balmer x deProsse x Foster x Neuhauser x Perret x Selzer x Vevera . x Passed this 25th day of Octboer 19 77 Sa / I O J RESOLUTION NO. 77-421 RESOLUTION APPROVING PRELIMINARY AND FINAL LARGE SCALE NON-RESIDENTIAL DEVELOPMENT FOR LOT 3 OF AUDITOR'S PLAT, NO. 32 WHEREAS, the owner, Iowa City Warehousing, Inc. , has filed with the City Clerk of Iowa City, Iowa, an application for approval for a large scale non-residential development for the following described premises located in A9N ")Q(j XX%X Johnson County, Iowa, to -wit: Lot 3, Auditors Plat Number 32, Johnson County, Iowa. Said Lot 3 containing 5.89 acres. WHEREAS, said property is owned by the above-named party and no dedications are required; and, WHEREAS, the Department of Community Development and the Public Works Department have examined the proposed large scale non-residential development and have approved the same; and, WHEREAS, the said large scale non-residential develop- ment has been examined by the Planning and Zoning Commission and after due deliberation said Commission has recommended that it be accepted and approved. WHEREAS, said large scale non-residential development is found to conform with requirements of the City ordinances of the City of Iowa City, Iowa. By Th- L-nci D_p fmant oZ- Resolution No. 77-421 Page 2 NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the said plat is hereby approved as a large scale non-residential development. 2. That the said large scale non-residential develop- ment shall conform with all the requirements of the City of Iowa City, Iowa, pertaining to large scale non-residential developments. 3. That the City Clerk of the City of Iowa City, Iowa, is hereby authorized and directed to certify a copy of this resolution to the Office of the County Recorder of Johnson County, Iowa, after final passage and approval as authorized by law. Passed and approved this 25th day of October , 1977 It was moved by Foster and seconded by Balmer that the Resolution as read be adopted, and upon roll call there were: AYES: . NAYS: ABSENT: x BALMER x dePROSSE x FOSTER x NEUHAUSER x PERRET x SELZER x VEVERA Mayor ATTEST: City Clerk Sa,/ RESOLUTION N0. 77-422 RESOLUTION TO APPROVE THE PRELIMINARY LARGE SCALE NON=RESIDENTIAL PLAN AND PRELIMINARY PLAT SUBMITTED BY HYVEE FOOD STORES, INC. WHEREAS, the owner, HyVee Food Stores, Inc. has filed with the City Clerk of Iowa City, Iowa, an application for approval for a preliminary large scale non-residential plan and preliminary plat for the following described premises located in Iowa City, Johnson County, Iowa, to -wit: A 5.40 acre tract of land (excluding r -o -w of Hollywood Blvd. petitioned for vacation and acquisition) south of Hwy. 6 Bypass and east of Gilbert Street. A copy of a more complete legal description is attached to this Resolution as Exhibit "A", and by this reference made a part hereof. WHEREAS, the Department of Community Development and the Public Works Department have examined the preliminary large scale non-residen- tial plan and plat and have approved the same, and WHEREAS, the said preliminary large scale non-residential development and plat have been examined by the Planning and Zoning Commission and after due deliberation said Commission has recommended that it be accepted and approved, and WHEREAS, said preliminary large scale non-residential development and plat are found to conform with requirements of the City ordinances of the City of Iowa City, Iowa. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the said preliminary large scale rion-residential development and plat are hereby approved. Passed and approved this 25th day of October 1977. It was moved by Selzer , seconded by Foster that the Resolution as read be a optedd—upon roll call t ere ere. 4a7 Resolution No. 77-422 Page 2 AYES: NAYS: BALMER x dePROSSE x FOSTER x NEUHAUSER x PERRET x SELZER x VEVERA x ABSENT: Lq C. l LGL LIrLP MAYOR f,Jt ATTEST: CITY CLERK LEGAL DESCRIPTION: (Tract) Commencing at a point on the south line of the S: 1/4 of the SE 1/4 of Section 15, Twp 79 North, Ranne f West, of the 5th Princinal I'.eridian, which point lies N P.7'29'4n" E, 237.4 feet'of the Std corner of said SE 1/4, Sect 15-70-6, as recorded in Book 12. page 14, Johnson County Towa; thence continuing H 87°29'40' E. 715.n5 feet along said south line of the S9 1/4, SE 1/4; thence "•' 0^'17'nn" 14, 363.30 feet; thence S 89`43'00" W, 166.01, feet; thence N 00'17'00" 11, 265.01 feet to a point on the southerly right of way line'of-U.S. Hwy 06; thence '1 60049'00" 14, 1.90 feet on said southerly right of i•iv line to a R.O.W. Rail at the P.T. of the hiahwav curve and is 150 feet normally distant from the centerline rf said right of way at centerline station 176+25.05; thence northwesterly 31.43 feet on said southerly rinht of way line along a 14.175 foot radius curve concaves southwesterly, whose 31.43 foot chord hears Yi 53'51'13" ;I, to the ooint'of beginning; Thence S 00'25'00" F, 176.69 feet; thence S 80041'00" 1.1, 746.63 feet to a roint on the easterly rioht of way of the Chicago, Pock Island and Pacific Pailroad, which noint is 14.00 feet normally distant from the centerline of said railroa� tracks; thence t! 03051'00" 11, 250.^0 feet on said eas`.erly richt of way; thence M 02'58'22" 'W, 189.61 feet on said easterly right of way to a point on the so-:therly right of a, -ay line of U.S. Hwy 46; Thence S 72157114" V. m 54,30 feet on said southerly right of a:av line to a ri^:h: of wav rail at the P.C. of the highway curve and is s 150 feet nor -ally distant fron the certerline of said hir-,v:ay at centerline station 168+7-5.95; Thence soutv'cas— t v �n said southerly right of way line 750.71 feet on a 14,175 foot radius curve concave southwesterly. whose � 758.64 foot chord hears S 71'25'n6" E, to the nein- of !%-ninninq. Said tract of land containing 5.41� acres. - ri LEG -L DESCRTPTI)`1: (Proposed right of way vacation) Commencing at a point of the south line of the S'+I 114 of the SE 1/4 of Section 15, Trp 79 North, Range 6 'Fest, of the 5th Princioal meridian, which point lies N 37071'40" E, 237.4 feet of the SW corner of said SE 1/4, Sect 15-79-6, as recorded in Book 12, page 14, Johnson County, Iowa; Thence continuing N 87'29'40" E, 715.05 feet along said south line of the S1 1/4, SE 1/4; thence 'I nn'17'001" 14, 363.30 feet; thence S 89043'nn" 14, 166.00 feet; thence N 00017'70" 14. 265.01 feet to a point on the southerly right of -way line of U.S. Hwy 16; thence N 69'48'00" 14, 1.90 feet on said southerly right of way line to a R.O.Y. Rail at the P.T. of the hiahwav curve and is 150 feet normally distant from the centerline of said rinht of way at centerline station 176+25.95; thence northwesterly 31.43 feet on said southerly riqht of way line along a 14,175 foot radius curve concave southwesterly, whose 31.43 foot chord bears 11 69'51'48" W. to the noint of beginning; thence northwesterly along the southerly R.O.W. line of said U.S. Hwy 06, 759.71 feet on 14,175 foot radius curve concave southwesterly, whose 759.64 foot chord bears N 71025'06" H; thence M 72'57'14" Y, 54.30 feet along said southerly R.O.W. line, thence N 02'58'22" W. 53.22 feet; thence S 72'57'14" E, 72.5? feet; thence southeasterly 743.71 feet on a 14,225 foot radius curve concave southwesterly, whose 743.63 foot chord bears S 71'27'22" E; thence S 00'25'n0" E. 53.38 feet to the point of beginning. RESOLUTION NO. 77-423 RESOLiTfION AUTHORIZING EXECUTION OF CONTRACT FOR THE NEWSPAPER RECYCLING PROJECT WHEFW.AS, the City of Iowa City, Iowa, has negotiated a contract with City Carton Co Inc. Iowa Citv, Iowa , a copy of said contract being attached to this Resolution and Dy s reference made a part Hereof, and, WHEREAS, the City Council dews it in the public interest to enter into said contract for the newspaper recycling project. NOW, THEREFOR, BE IT RESOLVED BY THE CITY COUNCIL: 1. That the Mayor and City Clerk are hereby authorized and directed to execute the contract with City Carton Co. Inc. Iowa City, Iowa. 2. That the City Clerk shall furnish copies of said contract to any citizen requesting same. It was moved by Foster and seconded by Balmer the Resolution be adopted, and upon roll —Fall there were: AYES: NAYS: ABSENT: X BALMER X dePROSSE X FOSTER X NEUHAUSER X PERRET X SELZER X VEVERA passed and approved this 25th day of October , 1977. May U l I: DI I l O A Mayor ATTEST: City Clerk P Ey Th: L.gal D.paa:::_nt .'ITY CARTON CO., INCE PAPERRECYCLING • BUYERS&DEALERS 917 S. Chncon SL Iowa City. Iowa 52240 October 19, 1977 Phone: (319)351-2848 ATTACHMENT TO BID: Please find this attachment our modification of the stated bid conditions for waste newspaper in the City of Iowa City. In consideration we will ask no subsidy from the City for one (1) year. In lieu of this we do ask the City however, to advertise our daily pickup of pre designated routes throughout the city so we may expect to pick up at least 10,000 lbs. of paper per day. In the event we are unable to reach or maintain this expected tonnage, we do expect the City to increase broader advertise- ment and/or pass an ordinance stating they would not pick up any newspaper along with the normal refuse, thus enabling the disposal of newsprint channeled into recycling through City Carton. CITY CARTON COMPANY, INC. �i d n c en s, Manager ® Think Recycled Think Ecology MW is 1 6 4 ML-G&M CITY OF IOWA CITY NOTE TO BIDDERS: PLEASE DO NOT USE THE FORId OF PROPOSAL INCLUDED IN 1iE- BOUND VOLU'•1E OF THE SPECIFICATIONS. SEPARATE COPIES OF THIS PROPOSAL RtiILL BE FURNISHED TO BIDDERS UPON APPLICATION TO THE ENCINEER. Name of Bidder City Carton Company, Inc. Address of Bidder 917 South Clinton Street Iowa City, Iowa TO: Director of Public Works City of Iola City Iowa City, Iowa 52240 The undersigned bidder, having examined and determined the scope of the Contract Documents, hereby proposes to provide the required labor, service, materials and equipment and to perform the work as described in the Contract Documents, includuig Addenda , and and do all work at the following sEAedule ot prices: Base Bid Price per ton S Subsidy per ton for each dollar Chicago DIarket Price drops below base bid price $ Note: If the Contractor is bidding any other form of bid or some modification of the above stated bid conditions, a page shall be attached completely explaining such modifications. The undersigned bidder certifies that this proposal is made in good faith, without collusion or connection with any other person or persons bidding on the work. The undersigned bidder states that this proposal is made in conformity with the Contract Documents and agrees that, in the event of any discrepancies or differences between any conditions of his proposal and the Contract Documents prepared by the City of Iowa City, the provisions of the latter shall prevail. n ^ (Seal - if bid is by a corporation) PARTNERSHIPS: FURNISH FULL ME OF ALL PARTNERS FIRhI: M P-1 usinessAddress) IESOUMCN NO. 77-424 RESOLUPION ACCEPTING SANITARY SEWER FOR OLD FARM APARTMENT LOT, VILLAGE GREEN, PART VI. WHEREAS, the Engineering Department has certified that the following improvements have been completed in accordance with plans and specifications of the City of Iowa City, Sanitary sewer for Old Farm Apartment Lot, Village Green, Part VI, as constructed by Knowling Brothers Contracting Co., Coralville, Iowa. AND WHEREAS, Maintenance Boards for Knowling Bros. Contracting are on file in the City Clerk's Office, NOW 'It UUIE BE IT RESOLVED by the City Council of Iowa City, Iowa, that said improvements be accepted by the City of Iowa City. It was moved by Balmer and 8earyd,ed by, Foster that the Resolution as read be accepted, and upon roll call there were: AYES: NAYS: ABSENT: BALMER x dePROSSE x FOSTER x NEUHAUSER x PERRET x SELZER x VEVERA x paste and approved this 25th day of October , 1972—, C ATTEST: Mayor Rccsivad $ Apprpved City Clerk By The^^Legal 83/ I RESOLUTION NO. 77-425 RESOLUTION OF APPPDVAL OF CLASS "C" BEER PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class "C" Beer Permit Application is hereby approved for the following named per- son or persons at the following described locations: Earle Norman Grueskin (partner) dba/Dividend Bonded Gas, 302 South Dubuque St. said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance or state law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, surety bond and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by Foster and seconded by Balmer that the Resolution as read be adopted, and upon roll call there were: Balmer deProsse Foster eu auser erre e zer evera ALTS: NAYS: ABSENT: x Passed this 1st day of November . 19 77 M RESOLUTION NO. 77-426 RESOLUTION OF APPROVAL OF LICENSE A PLI A ION. SUN1 C Beer BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Beer Sunday Sales Permit application is hereby approved or a ollowing named person or persons at the following described location: Earle Norman Grueskin (partner) dba/Dividend Bonded Gas, 302 South Dubuque St. Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance of state law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, bond, and all other information or docu- ments required to the Iowa Beer and Liquor Control Department. It was moved by Foster and seconded by Balmer that the Resolution as read be adopted, and upon roll call there were: Balmer deProsse Foster Neuhauser Perret Selzer Vevera NAYS: ABSENT: Passed this 1st day of November lg 77 93J RESOIITTION No. 77-427 RESOLUTION ACC pTnU STORM WATER AND PAVING FOR HAWKEY WHEREAS, the Engineering Department has certified that the following improvements have been completed in accordance with plans and specifications of the City of Iowa City, Storm water sewer as constructed by Knowling Bro. of Coralville and paving as constructed by Metro Pavers, Inc., of Iowa City for Hawkeye Heights. AND WHEWM, Maintenance Bonds for Knowling Bro $ Metro are on file in the City Clerk's Office, Pavers NOW THE.REEORE BE rr RESOLVED by the City Council of Iowa City, Iowa, that said improvements be accepted by the City of Iowa City. It was moved by Foster and seconded by Balmer that the Resolution as read be accepted, and upon roll call a were: AYES: NAYS: ABSENT: Balmer x deProsse x Foster x Neuhauser x Ferret x Selzer x Vevera x Passed and approved this 1st day of November , 1977- . -KIALU C, Mayor ATTEST: R^c,:%-.d & Arn-cv^d City Clerk By i is C. ,al ©_;;z,1 nsnt 24-1 p�T l� RESOLUTION NO. 77-428 RESOLUTION ESTABLISHING FAIR RE -USE VALUE OF CERTAIN URBAN RENEWAL PROPERTY WHEREAS, the City of Iowa City, acting as the Local Public Agency, hereinafter referred to as the LPA, has entered into a contract for loan and grant with the United States of America for the implementation of an urban renewal project known as City -University Project I, Project Number Iowa R-14; and, WHEREAS, the U.S. Department of Housing and Urban Development has issued regu- lations setting forth procedures for establishing the Fair Re -Use Value of urban renewal land; and, WHEREAS, the LPA has obtained re -use appraisals, and has obtained Opinions of Value from a review appraiser; and, WHEREAS, the LPA has received staff recommendations regarding the Opinions of Value; and, WHEREAS, the LPA finds the work of the appraisers and the review appraiser to have been performed in a competent and satisfactory manner consistent with State Law and HUD policies; and, WHEREAS, the LPA has previously established the fair re -use value of Parcel 101-2 by Resolution 77-67, dated March 1, 1977; and, WHEREAS, the Urban Renewal Plan has been amended so that the established fair re -use value of Parcel 101-2 is in error; NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, acting as Local Public Agency, that the values opposite each parcel listed in Exhibit A, attached hereto and hereby made a part hereof, are Fair Re -Use Values for such parcels. It was moved by Foster and seconded by deProsse the Resolution as read be adopted and upon roll call there were: AYES: NAYS: ABSENT: X Balmer X deProsse X Foster X Neuhauser X Ferret X Selzer X Vevera Passed and approved this 1st day of ATTEST November Mayor City Cl&rk that 1977. RECEIVED & APPROVED BY THE LEGAL DEPARTMENT a� 835 Parcel 101-2 EXHIBIT A TO RESOLUTION N0. 77-428 Square Feet 95,000 Use Residential Re -Use Value $213,750 0" a. RESOLUTION N0. 77-429 A RESOLUTION ESTABLISHING CERTAIN POLICIES AND RULES PER- TAINING TO OILING OF DIRT AND GRAVEL STREETS WITHIN THE CITY OF IOWA CITY AND DESIGNATING CERTAIN STREETS OR SEC- TIONS THEREOF FOR OILING. WHEREAS, certain streets located within the City of Iowa City are dirt and gravel streets, and WHEREAS, the City Council has determined it to be in the best interest of the City of Iowa City to establish a policy on oiling dirt and gravel streets. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF IOWA CITY, IOWA, THAT: 1. The following general policies be followed for oiling dirt and gravel streets within the City of Iowa City: A. The entire length of a dirt and gravel street shall be considered for oiling when businesses and houses are located on said streets no further than 200 feet apart on the average. B. In instances where businesses and residences are spaced greater than 200 feet on the average, a 200 foot section in front of said business or residence may be oiled. 2. The following rules and regulations for oiling of dirt and gravel streets be adopted: A. Only one application of oil per year will be applied at City cost. Additional applications will be paid for by property owners if they are so desired. B. It is recognized that asphalt patching of dust seals is an unwise expenditure of resources and will not be done. When a dust seal becomes pot -holed, the City shall have the unilateral right to scarify and return the road to a dirt or gravel street until the next year's oil sealing program. C. Any street or portion of the street not falling within the provi- sions of City paid street oiling listed in this resolution will be done only upon payment by the abutting property owners for all cost of oiling. BE IT FURTHER RESOLVED that in accordance with said policies that the follow- ing streets be oiled for their entire length: Conklin Lane from Dodge Street to the end. Dodge Street Court from Dodge to the end. Old Dubuque Road from Bristol to Highway 1. Old Dubuque Road from Highway 1 to end of N -S section of Old Dubuque. Foster Road from Laura Drive to the end. Gilbert Street from Brawn to Kimball Road. H Street from Sixth Avenue to the end. Riverside Drive from Riverside to the end. Saint Clements from Dodge Street to the end, North & South Sixth Avenue from H Street to the end. St. Ann Drive from Prairie du Chien to the end. Sycamore from Burns to South City limits. Woolf Avenue from River Street to the end. 1-37 -2- Re. 77-429 Unnamed street from Taft Speedway to Foster Road Camp Cardinal Road from City limits to end. Pond Road from I.W.V. to the end. Slothower Road from I.W.V. to the end. Taft Speedway from Dubuque to end. FURMR, Scott Boulevard from Muscatine to Highway 6 or portions thereof shall receive oil only upon a cost sharing arrangement with 1/3 paid by the City. BE IT ALSO RESOLVED, that all dirt and gravel streets not listed in the above tabulation shall remain dirt and gravel. Gravel shall be applied by the City only in amounts necessary to keep a road passable. Any additional gravel shall be paid for by abutting property owners. It was moved by Perret and seconded by Foster that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x deProsse x Foster x Neuhauser x Perret x Selzer x Vevera Passed and approved this 1st day of November Mayor ATTESP City Cler RECEIVED & AFFRO"'ED ZY THE LEGAL DEPARTMENT alp 1977. M RESOLUTION N0. 77-430 RESOLUTION AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT FOR THE CONSTRUCTION OF MORMON TREK TMEROVEMENT PROJECT-FAUS No. M-4031)--81-52 WHEREAS, Metro Pavers, Inc. Iowa City, Iowa has been awarded the contract and has furnished adequate performance bond and insurance certificates for the construction of the above-named project. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the performance bond and insurance certificates for the construction of the above-named project are approved by the Council. 2. That the Mayor is hereby authorized to sign and the City Clerk to attest the contract for the construction of the above-named project upon concurrence of the Federal Highway Works Administration. It was moved by Balmer and seconded by Selzer that the Resolution as read be adopted, and upon roll call there were: AYESt NAYS: ABSENTt x Balmer x deProsse x Foster x Neuhauser x Ferret x Selzer x Vevera Passed and approved this 1st day of November , 1977 ATTEST: CITY CLERK EYHOWWWARMA Rceeived & Approved By Tlu, L -gal D=;part nant IW4. Y37 RESOLUTION NO. 77-431 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE CONTRACTS IN THE IOWA CITY AREA WITH THE RAPE VICTIM ADVOCACY PROGRAM. WHEREAS, the City Council of Iowa City, Iowa, deems it in the public interest to provide rape victim advocacy services in the Iowa City area, and WHEREAS, the Rape Victim Advocacy Program provides emergency services for all victims of sexual assault, and WHEREAS, the City of Iowa City is empowered by State law to enter into contracts and agreements, and WHEREAS, the Rape Victim Advocacy Program is a non-profit program coordinated by the University of Iowa which is organized and operates under the State laws of Iowa, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the Mayor be authorized to execute the attached contract and by this reference be made a part hereof, and the City Clerk be directed to certify the said agreement. It was moved by Foster and seconded by Selzer that the Resolution as read e adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Balmer X deProsse X Foster X Neuhauser X Perret X Selzer X Vevera Passed and approved this 1st day of November 1977. Aw LLf-4 hTa'yor ATTEST: City Clerk RECEIVED & Atr'ROVED ny Ta LEGAL DEiI,RTMENT 17�1C jp-Z'1-'1"7 AGREEMENT This Agreement was made and entered into on the 1-4-1- day of /favzi4z/y 1977, by and between the City of Iowa City, Iowa, a municipa co -T rporation, hereinafter referred to as the "City," and the Rape Victim Advocacy Program for one (1) year beginning with the signing of this Agreement. This Agreement shall be subject to the following terms and conditions, to -wit: The Rape Victim Advocacy Program shall not permit any of the following practices: a. To discharge from employment or refuse to hire any individual because of their race, creed, color, national origin, religion, age, sex, marital status, sexual orientation, or disability. b. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, creed, color, national origin, religion, age, sex, marital status, sexual orientation or disability. 2. The Rape Victim Advocacy Program shall not deny to any person its services on the basis of race, creed, color, sex, national origin, religion, age, marital status, sexual orientation, or disability. I. SCOPE OF SERVICES The Rape Victim Advocacy Program will provide emergency services for all victims of sexual assault including counseling, medical and law enforcement advocacy inter- vention and referral to other agencies. Community education will be provided by an information bureau and a speaker's bureau which provide current statistics and infor- mation on sexual crimes and preventation. II. GENERAL TERMS 1. The City shall pay to the Rape Victim Advocacy Program the sum of $5,000 with the agreement that it shall be allocated toward the salary of a full-time coordinator of the program herein described. 2. The City will pay the Rape Victim Advocacy Program semi-annually for these services ($2,500 at the time of signing, $2,500 payment to be made on January 1, 1978). 3. The Coordinator of the program will submit monthly reports and an annual report to the City Council of Iowa City. 4. The University of Iowa will provide the necessary accounting for payroll and supplied. 5. The University of Iowa agrees that the Rape Victim Advocacy Program is a University sponsored activity, and that the program coordinator, employees, agents, officers and volunteers are employees of the University of Iowa and not of the City of Iowa City and that the University of Iowa will defend and indemnify the program, it's employees, agents, officers and volunteers against claims pursuant to the terms of Iowa Code, Chapter 25A. f This Agreement may be terminated upon thirty (30) days notice, in writing, by either party. All outstanding bills are to be paid upon termination within the thirty day period. However, the City will assume no liability for expenses beyond that thirty day period. FOR THE CITY OF IOWA CITY: L a. MA yo,� ATTEST: Cary e ERK RAPE VICTIMS-DVOCACY PROGRAM: E. H. JI'l-04INGS ATTEST: V.P. Finance/UAiv. Services RECEIVED & AFTT?O"D BX Tia; LEGA-L IWAFTmENT (g (a z1--7'7 RESOLUTION NO. 77-432 RESOLUTION OF APPROVAL OF CLASS "C" BEER PERMIT APPLICATION BE IT RESOLVED BY THE CITY COU14CIL OF IOWA CITY, IOWA, that a Class "C" Beer Permit Application is hereby approved for the following named per- son or persons at the following described locations: Drug Fair, Inc. dba/ Drug Fair Q4, 2425 Muscatine Ave. said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance or state law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, surety bond and all other information or documents required to the Iowa Beer and Liquor Control Dpparkmant. It was moved by Selzer and seconded by deProsse that the Resolution as read be adopted, and upon roll call there were: Balmer AYES: NAYS: ABSENT: x eProsse x Foster x eu auser x VerreE x Selzer x evera x Passed this Sth day of November, 19 77 v RESOLUTION NO. 77-433 RESOLUTION OF APPROVAL OF CLASS C Beer BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Beer Sunday Sales Permit application is hereby approved oi�llowing named person or persons at the following described location: Drug Fair, Inc. dba/ Drug Fair $4, 2425 Muscatine Ave. Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance of state law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, bond, and all other information or docu- ments required to the Iowa Beer and Liquor Control Department. It was moved by Selzer and seconded by deProsse that the Resolution as read e a op e , and upon roll call there were: AYES: NAYS: ABSENT: Balmer x deProsse x Foster x Neuhauser x Perret x Selzer x Vevera x Passed this 8th day of November lg 77 0 -7 SOLUTION NO. 77-434 /_C` u 4 It RESOLUTION PROPOSING TO SELL PORTION OF VACATED ALLEY LOCATED IN BLOCK 9, COUNTY SEAT ADDITION TO CITY OF IOWA CITY, IOWA. (THIS ALLEY IS LOCATED BETWEEN DUBUQUE AND LINN STREETS ON THE NORTH SIDE OF PRENTISS STREET). WHEREAS, the City Council has, by ordinance, vacated an alley legally des- cribed as follows: The South 120 feet of the alley located in Block 9, County Seat Addition to Iowa City, according to the recorded plat thereof. (Between Dubuque & Linn on North Side of Prentiss Street), m] WHEREAS, the Council proposes to sell this alley to Mr. William D. Kerfoot for the appraised price of $800.00, and WHEREAS, the proposed sale will be subject to the following terms: 1. The property will first be appraised by a competent appraiser. 2. The property will then be offered for sale to the adjoining property owner. 3. If both property owners wish to purchase the property, it will be divided in half and sold to the adjacent owners at proportionate appraisal price. 4. If one adjacent property owner wishes to purchase all the property, and the other adjacent owner does not wish to purchase any of the property, it will all be sold at appraised price to the adjacent owner that wishes to purchase the property. 5. The City will reserve an easement for sewer and water lines, over which the purchaser will be unable to construct any structure, 20 feet width, and WHEREAS, it is necessary to publish this proposal and to publish notice of a public hearing on the proposal. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF I00A CITY, IOWA: 1. That the City proposes to sell the above described alley property to Mr. William D. Kerfoot for $800.00. 2. That the City Clerk is authorized to publish notice of this proposal and further, to publish notice that pursuant to Section 364.7, 1977 Code of Iowa, a hearing will be held before the City Council on the proposed disposition of the above described property at the Council Chambers, Civic Center, 410 E. Washington Street, Iowa City, Iowa, at 7:30 P.M. on the 15th day of November , 1977, and any person having objections to said proposed action may appear and file their objections at said hearing. It was moved by Selzer and seconded by deProsse that the Resolution as read be adopted, and upon roll call there were: f �1'3, Res. #77-434 -2- AYES: NAYS: ABSENT: x Balmer x deProsse x Foster x Neuhauser x Perret x Selzer x Vevera Passed and approved this 8th day of November , 1977. Mayor A7=: OIL IL (j City Clerk iXcrjvn1 & LFT^r T i1Y IrEB LEGAL DLl i.' ... y y4 RESOLUPION NO. 77-435 Tnua Reo , woo RESOLUPION AUPHDRIZING SALE OF A PART OF FERSON AVENUE h,mkFd b- IN BLACK'S PARK ADDITION TO THE C= OF IOWA CITY TO UPPING OWNERS. WHE the Council has by ordinance vacated the following right-of- way: All of arson Avenue shown on the plat of Black's Park Addition, Iowa City, Iowa, which plat can be found at Plat Book ,page 38, of the plat records of Jchnson County, Iowa, lying tween Blocks I and G and running from the north line *Park Road to the south line of Gould Street, except for the center twenty (20) feet thereof, and WHEREAS, the area just\ plat map is attached to this made a part hereof, and WHEREAS, the parcels of theN denoted as parcels A, B, C, and D WHEREAS, it is the policy of owners, at a fair appraised price, described is pictured on a plat map, which as Exhibit "A", and by this reference ted right-of-way proposed for sale are the said plat map, and City to offer the land first to abutting WHEREAS, the owners abutting the s parcels A, B, C, arra D have indicated an interest in purchasing the parcels, WHEREAS, it is desirable that the City tain permanent sewer and water easements for the said parcels A, B, C, and D and that existing utilities be pro- tected, and WHEREAS, a public hearing was held uponthe roposed sales of parcels A, B, C, and D at 7:30 P.M. in the Council Chambers, Ci 'c Center, 410 E. Washington (� St., Iowa City, Iowa, on the 13th day of September, 19707 and after hearing the 04 Council established a sale price of $20 for parcels and D. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the Council proposes to sell parcels A B to the abutting pro- perty owners for $360 per parcel: A - to Richard C. and Georgia T. Pegnetter B - to Lewis H. Jacques and wife 2. That the Council proposes to sell parcels C and \to abutting pro- perty owners for $20 per parcel: C - to Lewis H. Jaques and wife D - to Steffi Hite S7y9 Res. No. 77-43° -z- 3 That as a condition of the proposed sales, the potential buyers shall grant to City permanent sewer and water easements covering the entire area of th said parcels A, B, C, and D, which easements shall be in form and intent acre le to the City. Further, the City shall protect existing util- ities in the It was movehj by Balmer and seconded by deProsse that the Pesoluti as read be adopted, arra upon roll call there were: AYES: NAYS: x ABSENT: Bauer x deProsse x Foster x Neuhauser Perret x Selzer x Vevera Passed and approved this 8th 'iay of November 1977. 1 1A W C. AiI 1 A L,P.1.11 V A �— Mayor ATTEST:—(Y,& City Cleyk U, Z,9 i • or9 �� D� ���ll }10°� saq.V Vol JAJ a TuN no t 52u>1-G"iaNVOzX,. ��v� Sau vb w, s }v� � o �ro u a t\ X\f .v -a ) n,i �. � o� `n1�k �1'k'. � ��nu an�u-o s u� v`� �.�� $ � � u �.1 �•z'°3 .,�� S �� a�p�S �sb ay,}•v� av,��, f '.tio'���a7xa IVa y���a'`C3 0. W-IIIv\s \R V,b j ayq. %0 NX t\\%V -0�`ns 01 7YP 9 01 09 eA o ,g 0-41 CZ 19- 9 °6 e 6 or 07 e r e G LgTgT`lx3 149e_11 RESOLUTION NO. 77-436 RESOLUTION AUTHORIZING AND DIRECTING THE CITY CLERK TO PUBLISH NOTICE OF INTENT TO ACCEPT A PROPOSAL TO PURCHASE AND REDEVELOP CERTAIN URBAN RENEWAL PROPERTY WHEREAS, the City of Iowa City, Iowa, has under date September 2, 1970, entered into a contract for loan and grant with the United States of America; and, WHEREAS, the City of Iowa City, Iowa, has undertaken pursuant to said contract an Urban Renewal Project known as the City -University Project I, Project Number Iowa R-14; and, WHEREAS, the City of Iowa City, Iowa, has received an entitlement of funds pursuant to the Housing and Community Development Act of 1974; and, WHEREAS, the City of Iowa City, Iowa, has pursuant to the provisions of Title 24, Part 570, Section 570.801(c), of the Code of Federal Regulations, transferred Community Development Block Grant funds to said Urban Renewal Project, and transferred control of certain real property acquired in carrying out said Urban Renewal Project to the City Council of the City of Iowa City from the City Council acting as LPA, by Resolution Number 76-446, dated December 14, 1976, and by Resolution Number 77-312, dated August 9, 1977; and, WHEREAS, the City Council of Iowa City, Iowa, caused to be issued a solicitation of Offers to Purchase Land for Private Redevelopment; and, WHEREAS, Offers to Purchase Land for Private Redevelopment were received and opened by the City of Iowa City on September 15, 1977; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that pursuant to the authority granted by Section 403 of the 1977 Code of Iowa and Section 570.801(c) of Part 570, Title 24, Code of Federal Regulations, that the City Clerk is hereby authorized and directed to publish Notice of Intent to Accept Proposal to Purchase and Redevelop Certain Urban Renewal Property, a copy of which notice is attached hereto and incorporated herein. BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to place on file and maintain for public inspection the Resolution, Agreement, and Proposal referenced in said notice. The Resolution and Agreement referenced in said notice are attached hereto and hereby incorporated herein. It was moved by deProsse and seconded by Balmer the Resolution as read be adopted an upon roll call there were: AYES: NAYS: ABSENT: x Balmer x deProsse x Foster x Neuhauser x Perret x Selzer x Vevera that Res. No. 77-436 Passed and approvedithis ATTEST: l_x ae City Clerk -2- 8th day of November mayor 1977. BY THE LEGAL Lr......„. -:JT Ff NOTICE OF SALE OF LAND Notice is hereby given that the City of Iowa City, Iowa, acting pursuant to Chapter 403 of the 1977 Code of Iowa, undertaking an Urban Renewal Project (said project bounded by Washington Street on the North, Linn Street on the East, Court Street on the South, and an irregular boundary including the Iowa River, Front Street and Capitol Street on the West, all in Iowa City, Iowa) in- tends to accept a proposal and enter into a contract for sale of land for private redevelopment for the following described real property in said Urban Renewal Area with the redeveloper identified below: Parcel Number Redeveloper 102-2 Old Capitol Associates A description of said real property may be examined in the office of the City Clerk, Civic Center, 410 East Washington Street, Iowa City, Iowa, between the hours of 5:00 a.m. and 5:00 p.m. Monday through Friday. Persons wishing to review the agreement prior to the execution thereof and conveyance of a deed to the above described redeveloper may do so until December12 at the office of the City Clerk. Dated thisl2th day of November, 1977. Abbie Stolfus City Clerk City of Iowa City gS2 9 RESOLUTION ESTABLISHING RISK MANAGEMENT POLICY FOR THE CITY OF IOWA CITY, IOWA NO. 77-437 WHEREAS, The City Manager of the City of Iowa City, Iowa has made certain recommendations to the City Council concerning the risk management of the City of Iowa City, after analysis by the staff of said City and the Risk Planning Group, Inc., risk management consultants, and WHEREAS, the City Council of Iowa City, Iowa has received said recom- mendations and analysis and has determined that it is in the best interest of said City that the City Council formulate a general risk management policy, incorporating the recommendations of the risk management consultants. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, as follows: It shall be the policy of the City of Iowa City to assume the risk of property damage, liability, and dishonesty in all cases in which the exposure is so small or dispersed that loss would not significantly or adversely affect the operations or financial position of the City. Insurance will not be purchased to cover loss exposures below prevailing deductible amounts of current insurance held by the City of Iowa City, unless such insurance is required by statute or by contract, or in those instances in which it is desirable to obtain special services such as inspection or claim adjustment services in connection with insurance. The deductible amounts will be reviewed once annually by the Department of Finance and the City's insurance advisor to insure appropriateness of the amounts. Insurance will be purchased where possible against all major exposures which might result in loss in excess of the City's insurance reserve through the purchase of the following types of insurance. - All risk insurance on real and personal property - General liability insurance - Automobile liability insurance - Fidelity and crime insurance - Catastrophe workmen's compensation insurance The City will self -insure in those instances where the cost of insurance is so high that it would be more cost effective to assume the risk. 4. Property will be insured on a replacement cost basis, as determined by a competent appraisal service, against as wide a range of perils as possible. The values will be reviewed once annually by the Department of Finance and the City's insurance advisor. fS3 Res. No. 77-437 5. Loss prevention recommendations made by insurance companies, the State Fire Marshall, or local fire authorities will, whenever possible, be implemented. In those cases in which such recom- mendations are not followed, a written report in which an explanation or justification is made will be filed by the Department Director with the Director of Finance and the City Manager within 30 days of receipt of the report. 6. Insurance will be purchased only through licensed agents or brokers maintaining offices in Iowa City and who have the staff and technical competence to adequately service the insurance provided. 7. Insurance will be placed only in insurance companies rated A+ or A in Bests. Insurance placed in any other companies will require a written report of the particulars, such report to be filed with the Director of Finance and the City Manager. 8. The administration of the risk management policy will be the responsibility of the Director of Finance. Such responsibility includes placement of insurance coverage, maintenance of property appraisals and inventories, processing of claims and maintenance of loss records, and supervision of loss prevention activities. It was moved by deProsse and seconded by Foster that the Resolution as read by apted, and upon roll call there were: AYES: NAYS: ABSENT: X BALMER X DE PROSSE X FOSTER X NEUHAUSER x PERRET x SELZER X VEVERA Passed and approved this 8th day of November 19 77. MA CITY CLERK RECEI VED & APPROVED BY THE LEGALDEPART)W2 KTif RESOLUTION AMENDING CONTRACT FOR MUNICIPAL FINANCIAL ADVISORY SERVICES NO. 77-438 WHEREAS, the City of Iowa City, Iowa has maintained a long-standing agreement with Paul D. Speer $ Associates, Inc. to provide the City with financial advisory services in regards to the City's bond issues, and WHEREAS, these services have been provided to the City of Iowa City at a fee schedule originally accepted in 1965, and WHEREAS, Paul D. Speer $ Associates, Inc. have absorbed the increased costs up to this time without an increase in their fee schedule, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA that the City Manager be authorized to execute the attached amendment to contract which incorporates a new fee schedule for services rendered and by this reference made a part hereof, and the City Clerk be directed to certify the said agreement. It was moved by Balmer and seconded by Selzer that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Balmer X deProsse X Foster X Neuhauser X Perret X Selzer X Vevera Passed and approved this 8th day of November , 1977. r ` VA,NA &j ( _ y 1kt .l 1 It1,1(P { MAYOR MY CLERK RECEIVED & APPROVED 8Y M LEGAL DEPARTMENT 11-,-3 -7-7 �� , PAUT. D. SPi rI2 Cd'��ocia�ed, �bzc. PAUL O- SPEER,PREsmENT ELWOOD BARCE RONALD V. NORENE THOMAS E.COUGHLAN JOHN W.ILLYES,JR- PAUL D_(PETE) SPEER,JR. LAWRENCE J- RIMMER WATERLOO. IOWA B0703 (319) 235-7..9 THEODORE B.NUNZ 11ROONFIELO. W I5. 53005 (N9)TH®-7050 Mr. Neil G. Berlin City Manager Civic Center 410 East Washington Street Iowa City, Iowa 52240 Dear Neil: MUNICIPAL FINANCE CONSULTANTS AREA 312 • FINANCIAL 6-0856 June 28, 1977 I have been going through our files and particularly looking at long standing agreements for our financial advisory services. Our present agreement with the City of Iowa City dates from September 21, 1965 based upon our proposal of June 10, 1965. In that span of twelve years all costs and expenses have gone up yet we have not adjusted our fees for Iowa City, although we have for many other communities. The $3,015,000 bonds sold today of course come under the 1965 agreement. We feel that our services over the past 12 years and for several years preceding that making a total representation of Iowa City of over 16 years, have been of great benefit to your City and will continue to be of benefit. We have no way to calculate with any accu- racy the exact amount of interest savings which our services have meant to Iowa City. We do know that each issue whether brought to market or not has required a great deal of conferring and planning, and our ser- vices are designed to be paid only when bonds are issued, which is the way we want it. We have no doubt but that our services have resulted in many thousands of dollars in savings for the City of Iowa City equal to many times the cost as represented by our fees. Not only have we been able to maintain a broad interest in the market for Iowa City bonds, both revenue and general obligation, but we have succeeded in persuading Moody's Investors Service that your bonds are worthy of their triple A (or highest) credit rating. There are not too many cities in the country that enjoy this rating. Those that do are those communities which have both internal management of the high- est level plus independent professional advice carrying the best reputation and ability. Thus we cannot and do not take sole credit for the present rating on your bonds, but we do feel that it was our pre- sentation and assembling of information that gave the analysts at Moody's the impetus to carry you to the highest rating. PAUL D. SPEER cS'•.?'i'e,rnr�atrf,.�nc.. Mr. Neil G. Berlin June 28, 1977 Iowa City, Iowa - 2 - As you are aware, the 1975 SEC amendments, including the Muni- cipal Securities Rulemaking Board and the vastly more comprehensive disclosure requirements, have multiplied the amount of time involved and the responsibilities of the consultant as well as the City. With this in mind, we would like to suggest that you consider the following fee schedule for services subsequent to the issue sold today. General Obligation Bonds - each sale $3.50 per $1,000 first 3.00 per $1,000 over 1.50 per $1,000 over Minimum Fee $3,500. $1,000,000; $1,000,000 to $5,000,000; $5,000,000. Revenue Bonds - each sale $5.00 per $1,000 first $2,000,000; 4.00 per $1,000 over $2,000,000 to $5,000,000; 3.00 per $1,000 over $5,000,000. Minimum Fee $5,000. We hope that you will agree with this schedule and authorize the modest increases which it represents. PDS:mj Best regards, Presiden PAUL D. SPEER & A ociates, Inc. 1965 Fee Schedule General Obligation Bonds $3.00 per $1,000 first $1,000,000; 2.50 per $1,000 all over $1,000,000. Minimum Fee $1,000. Revenue Bonds $3.50 per $1,000 first $2,000,000; 3.00 per $1,000 all over $2,000,000. Minimum Fee $2,500. PAUL D. SI'FLrR (j, '.7.l,!///'///�ni,.%„�, • MUNICIPAL FINANCE CONSULTANTS PAUL D. SPEER, Pn[51OLNl ELWOOD DANCE / •//'//%n, • //IO/,I /J//1/L�/ RICHARD M. 0055 / RONALD V NORENE AREA 312 • FINANCIAL 6-0650 City of Iowa City City Hall lova City, Iowa Attention: Mr. Carsten D. Leikvold City Manager �r.-.,iemen: June 10, 1965 This letter is our proposal tendering our professional services financial consultants in connection with all revenue and general obli- gation bonds issued by the City of Iowa City during the term set out herein, and upon approval by the City, it will become a contract between the City of Iowa City and Paul D. Speer & Associates, Inc, in accordance with its terms. Our services are to be entirely professional and our advice is :o De rendered entirely in the best interests of the City, as it has in oast. Each bond issue is to be considered in accordance with the .ILL05 of the City and the views of the entire municipal market regard- i-., the particular type of bond. An outline of our services is fur- nished herein but additionally, we include all the usual functions in I..;ilar financings. (1) We will confer with your officials, attorneys and engi- neers so as to understand each project completely and the scope and type of needed financing and, based thereon, will present and discuss with you tentative financing programs or combinations thereof and recommend the most suitable. k2) We will recommend and outline any additional reports which ...ay be required from your engineers, attorneys or accountants, (3) We will discuss each financing with your attorney and bond counsel and will specify provisions to be included in the legal proceedings for most attractive and successful financing. (4) We will prepare financial data including retireo.ent sched- ules, estimated tax rates, future financing availability and required revenues for the information of yourselves and civic groups, all of which will be based upon the pertinent PAUL D, SvtUIR& Assc-._.es, Inc. Iowa City, 'Iowa Attn: Mr. Carsten D. Leikvold �Alc June 10, 1965 projections and rates prepared by your engineers. We will meet with civic groups as you may request in order to explain this data. (5) We will research the financial information and economic data bearing upon your municipality and the successful market- ing of the bonds, and will submit same to you in the form of a proposed Official Statemmit concerning each issue. (6) We will recommend the time, place and method of selling the bonds which, in our opinion, will be the most advantageous to the City of Iowa City. (7) We will circulate the information regarding the City and the particular issue to prospective underwriters and investing institutions. We will furnish adequate data to the rating services in order to secure the best investment rating pos- sible, but no particular rating is guaranteed. (8) Upon approval by you of the type and amount of each fi- nancing, the Official Statement and the time and method of sale, we will conduct all further steps necessary to complete the financing, including our recommendation as to the best acceptable bid for the bonds, and will supervise the delivery of the bonds. , Since we never underwrite or buy or sell bonds for our own ac- count, we will not offer to do so, and we will have no interest in any proposal of purchase, our services being solely and entirely for your benefit. You will be responsible for the fees of your attorneys, bond counsel, engineers, accountants and architects and are to pay all of your other ordinary expenses, including advertising, printing and distri- bution of Statements, and execution and delivery of bonds and including election expenses, if such are involved. For all of our services, we are to be paid a fee at the time the bonds are issued and delivered to the purchaser. In consideration of our long association and the term of this proposal, our fees are to be in accordance with the following schedule: Revenue Bonds: $3.50 per $1,000 par value for all bonds of a single issue up to and including $2,000,000, and $3.00 per $1,000 par value for all bonds of that issue in excess of $2,000,000, with a minimum fee of $2,500 for any revenue bond issue. General Obligation Bonds: $3.00 per $1,000 par value of all bonds of a single issue up.to and including $1,000,000, and 8.sy I'nt't. D. Si•isisttb ciates, Inc, Iowa City, Iowa Attn: Mr. Carsten D. Leikvold June 10, 1965 -3- $2.50 per $1,000 par value for all bonds of that issue in excess of $1,000,000, with d minimum .fee of $1,000 for any general obligation bond issue. The above fee schedule is to be effective immediately upon ac- ceptance of this proposal and will apply to sewer bonds mentioned in our proposal dated October 31, 1963, which proposal is superseded upon ac- ceptance hereof. Our employment under this proposal is to 'continue for a period of three years from the date of acceptance and thereafter until cancelled by the City upon six months prior written notice, and is intended to in- clude any financing completed or authorized prior to expiration. RHG: rkr 1965. ATTEST: Respectfully submitted, PAUL D, SPE Associates, c. Vice President The above proposal accepted this sr day of.�� , Z ti)- City Clerk gSD WAS RESOLOTION NO. 77-439 RESOL[PIION OF APPROVAL OF CLASS "C" BEER PERMIT APPLICATION BE IT RESOLVED BY THE CITY CC',NCIL OF IOWA CITY, IOWA, that a Class "C" Beer Permit Application is hereby approved fax the following ruined per- son or persons at the following described locations - Tom Harney Oil Co. dba/Downtown Conoco, 105 E. Burlington Said approval shall be subject to any conditions or restrictions hereafter im;osed by ordinance or state law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, surety bond and all other informaticm or documents required to the Iowa Beer and Liquor Control DpparEerent. It was moved by LBn4h4Eh and seconded by �PFhhft that the Resolution as read be adopted, and upon roll call there weret Balmer deProsse Foster eu auser Ferret Selzer evera Passed this 22nd AYES: NAYS I ABSEIrri day of November , 19 77 RESOLUTION NO. 77-440 SOLUTION OF APPROVAL OF CLASS C Beer BE IT fEJSOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class eer Sunday Sales Permit application is hereby approved or a ollowing named person or persons at the following described location: Tom Harney Oil Co. dba/Downtown Conoco, 105 E. Burlington Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance of state law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, bond, and all other information or docu- ments required to the Iowa Beer and Liquor Control Department. It was moved byBglW,e� and seconded by e that the Resolution as ?aae n op e , and upon roll ca ere were: AYES: NAYS: ABSENT: Balmer deProsse� Foster Neuhauser Perret Selzer Vevera Passed this 22nd day of November X977 Z 41 RESOLUTION NO. 77-441 RESOLUTION APPROVING CLASS C LIQUOR CONTROL LICENSE APPLiMTM BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Liquor Control License application is hereby rov� appTor the following named person or persons at the following described location: Terry O'Brien and Jay Rarick, dba/The Vine, 529 South Gilbert Said approval shall be subject to any conditions I or re- strictions hereafter imposed by ordinance or State law. The City Clerk shall cause a recommendation for approval to he endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond, sketch of the premises and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by 13�8�1�m�g�p,��� and seconded by TEI that the Resolution as read—Fe adopted, and upon roca there were: AYES: NAYS: ABSENT: Balmer_ deProsse_ Foster Neuhauser Perret Selzer - Vevera Passed and approved this 22nd day of November 19 77 5 RESOLUTION NO. 77-442 RESOLUTION APPROVING CLASS C LIQUOR CONTROL LICENSE APPLIZ}TM BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Liquor Control License application is hereby approvTTor the following named person or persons at the following described location: Walter Poggenpohl dba/Walt's, 928 Maiden Lane Said approval shall be subject to any conditions I or re- strictions hereafter imposed by ordinance or State law. The City Clerk shall cause a recommendation for approval to he endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond, sketch of the premises and all other information or documents required to the Iowa Beer and Liquor Control Department, It was moved bym� 1ga1and seconded by that the Resolution aa regia be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Balmer y deProsse x_ Foster Neuhauser Perret Selzer Vevera x Passed and approved this 22nd day of November 19 77 14 RESOLUTION NO. 77-443 ggso IT70N TO iSSUE CIGARETTE PERMITS WHEREAS, the following firms and parsons have made application, filed the bond, and paid the mulct tax required by lav for the sale of cigarettes and cigarette papers; therefore, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the applications be granted and the cigarette bond now on file in the office of the City Clerk be and the same are hereby approved, and the City Clerk be and he is hereby directed to issue a permit to sell cigarette papers and cigarettes to the following named persons and firms: Downtown Conoco, 105 E. Burlington The Vine, 529 South Gilbert It was moved byand seconded by � �¢ that the Resolution as res e a opted, and upon rol cal 11 there were: AYES: NAYS: ABSENT: Balmer deProsse_ Foster X Neuhauser X Perret Selzer Vevera v Passed this 22nd day of November 19 77 30-/0 RESOLUTION NO. 77-444 RESOLUTION APPROVING CLASS C LIQUOR CONTROL LICENSE APPLIMTM BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Liquor Control License application is hereby approve for the following named person or persons at the following described location: The Waterfront, Inc. dba/The Waterfront Lounge, 21 W. Benton St. Said approval shall be subject to any conditions ( or re- strictions hereafter imposed by ordinance or State law. The City Clerk shall cause a recommendation for approval to he endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond, sketch of the premises and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by -BgJMr�&and seconded by kitet that the Resolution as read adopted, and upon ro 1 call there were: AYES: NAYS: ABSENT: Balmer deProsse Foster Neuhauser Ferret �- Selzer Vevera 0 Passed and approved this 22nd day of November , 1977 10, RESOLUTION NO. 77-445 RESOLUTION APPROVING FINAL PLAT AND LARGE SCALE RESIDENTIAL DEVELOPMENT PLATS OF TY'N CAE PARTS 1 & 2 WHEREAS, the owner and proprietor, Ty'n Cae, Inc. has filed with the City Clerk the final plats of a large scale residential devel- opment and subdivision of Ty'n Cae Parts 1 & 2 located on the following described real estate in Iowa City, Johnson County, Iowa, to -wit: Commencing at the center of Section 17, T79N, R6W of the Sth P.Nl.; thence S 0° 23' 23" IV, 1572.84 feet on the east line of- theSW1/4 of said Section 17 to the Point of Beginning; thence N 88° S6' 10" W, 626.88 feet; thence N 42° 15' 00" W, 60.77 feet; thence Northwesterly 20.00 feet on a 395.00 foot radius curve concave southwesterly, (which chord bearing is N 43° 42' 01" W and chord distance is 20.00 feet); thence N 110 57' 09" E,.126.60 feet; thence N 0° 18' SO" 11, 719.86 feet; thence N,89° 25' 50" W, 335.22 feet; thence S 0° 14' 10" W, 350.00 feet; thence N 890 25' 50" W, 333.0.0 feet to the west line of the East 1/2 of the SIV 1/4 of said Section 17; thence S 0° 14' 10" 11, 1497.74 feet on the said west . line of the East 1/2 of the SW 1/4 of said Section 17; thence S 88° 58' 49" E., 1328.73 feet to the East line of the SW 1/4 of said Section 17; thence N 0° 23' 23" E, 949.94 feet on the said East line of the SW 1/4 of Section 17 to the Point of Beginning. Said tract containing 40.20 acres. WHEREAS, said real estate is owned by the above-named corporation and the dedication has been made with the free consent and in accordance with the desire of the proprietor. WHEREAS, said plats and subdivision are found to conform with Chapter 409 of the 1977 Code of Iowa and all other statutory requirements. WHEREAS, said plats and subdivision were examined by the Planning and Zoning Commission which recommended that said plat and subdivision be accepted and approved. NOW, THEREFORE, BE IT RESOLVED by the City Council of Iowa City, Iowa, that said plats and subdivision located on the above-described real estate be, and the same arehereby approved, and the dedication of the streets and easement as by law provided is hereby accepted. BE IT FURTHER RESOLVED that the City Clerk of Iowa City, Iowa, is hereby authorized and directed to certify a copy of this Resolution to the County Recorder of Johnson County, Iowa. Receivnd & P!pproved By Th:? Lc zI D_Pa,-t=ni 7 Resolution No. 77-445 Page 2 It was moved by ds. and seconded by fca Fc that the foregoing Resolution be ed and upon roll ca vo—iT to dere were: AYES: BALMER dePROSSE FOSTER _ NEUHAUSER _X PERRET X SELZER X VEVERA )c_ Passed and approved this NAYS: ABSENT: 22nd day of November , 1977, AA I u l -/l G.l 11Al.1AP j MAYOR ATTEST: ` ITY CLERK I, Abbie Stolfus, do hereby certify that the above Resolution is a true and exact copy of a Resolution of the Iowa City City Council, Iowa City, Johnson County, Iowa, made at a regular Council meeting held on the 22nd day of November , 1977, �� CITY CLERK I �\ RESOLUTION NO. 77-446 RESOLUTION APPROVING THE PRELIMINARY DESIGN PLANS FOR REDEVELOPMENT ON URBAN RENEWAL PARCELS 93-1/101-2 WHEREAS, the City Council of the City of Iowa City, Iowa, has solicited Offers to Purchase and Redevelop Urban Renewal parcels; and, WHEREAS, the City Council has, under the terms of the solicitation, reserved the right to approve preliminary design plans of all redevelopment to occur on Urban Renewal parcels; and, WHEREAS Pentacrest Garden Apartments has submitted preliminary design plans for the redevelopment of Parcels 93-1/101-2 in the Iowa City Urban Renewal Project; and, WHEREAS, said preliminary design plans have been reviewed by the City staff and the Design Review Committee; and, WHEREAS, recommendation from the staff and the Design Review Committee have been received by the City Council, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the preliminary design plans submitted by Pentacrest Garden Apartments for the redevelopment of Parcels 93-1/101-2 are hereby approved, subject to the conditions and reservations set forth in Attachment A to this Resolution, which attachment is by this reference hereby incorporated herein; and, BE IT FURTHER RESOLVED that upon this approval, necessary permits may be issued for this development upon full compliance with all applicable codes and ordinances. It was moved by sglyuFh and seconded by 11comp, that the Resolution as read be adopted and upon roll call there were: AYES: NAYS: ABSENT: — x — Passed and approved this 22nd Balmer deProsse Foster Neuhauser Perret Selzer Vevera day of November Mayor 1977. ATTEST: (24L City Clerk ATTACNMeNT A TO RESOLUTION NO. 77 — The approval of the preliminary design plans for the redevelopment of Parcel _ z submitted by Pentacrest Garden Apartments , as set forth in Resolution No.— �y , dated ?� , o/�v .2A, /9 Y� is hereby made subject to the following conditions or reservations. A. Prior to the installation of plant materials and landscaping, the redeveloper shall submit for review by the City a revised planting plan. The City Council hereby reserves the right to review and approve or disapprove said revised planting plan. B. Prior to the installation of signage or lighting, the redeveloper shall submit plans for said signs and lights. The City Council hereby reserves the right to review and approve or disapprove such plans for signage and lighting. C. Trash receptacles or dumpsters must be screened upon installation. Prior to the installation of such trash receptacles or dumpsters, the redeveloper shall submit plans for screening to the City Council. The City Council reserves the right to review and approve or disapprove such screening. i✓ . RESOLUTION NO. 77-447 RESOLUTION APPROVING PRELIMINARY AND FINAL LARGE SCALE RESIDENTIAL DEVELOPMENT FOR PENTACREST GARDEN COURT APARTMENTS WHEREAS, the owner, James Clark , has filed with the City Clerk of Iowa City, Iowa, an app cat on for approval for a large scale residential development for the following described premised located in Iowa City, Johnson County, Iowa, to -wit: Parcel No. 93-1 Lot 1, 2, 3 and 4 in Block 93, in Iowa City, Johnson County, Iowa, to the recorded plat thereof. Parcel No. 101-2 All of Lot 5, all of Lot 6, Lot 7 except the north 50 feet of the east 25 feet of said lot, Lot 8 except the east 25 feet of said lot, in Block 101, and the Capitol St r -o -w from the south r -o -w line of Burlington St. to the north r -o -w line of Court St., Iowa City, Johnson County, Iowa, according to the recorded plat thereof, subject to an easement over the following described area: Commencing at the Northeast corner of Block 93 of the Original Town of Iowa City, Iowa; thence easterly along the south r -o -w line extended of Burlington St., 22.86 feet to the point of beginning; thence southerly 320.00 feet from said r -o -w line along a line parallel to the east line of Block 93; thence westerly 11.00 feet along a line parallel to the north r -o -w line of Court St.; thence southerly 60.00 feet along a line parallel to the east line of Block 93 to the north r -o -w line extended of Court St.; thence easterly 68.00 feet along said r -o -w line extended; thence northerly 5.00 feet along a line parallel to the east line of Block 93; thence westerly 22.00 feet along a line parallel to the north r -o -w line of Court St. extended; thence northerly 375.00 feet along a line parallel to the east line of Block 93 to the south r -o -w line extended of Burlington St.; thence westerly along the south r -o -w line of Burlington St., 35.00 feet to the point of beginning. WHEREAS, said property is owned by the above-named party and no dedications are required and have been submitted; and, WHEREAS, the Department of Community Development and the Public Works Department have examined the proposed large scale residential development and have approved the same; and, WHEREAS, the said large scale residential development has been examined by the Planning and Zoning Commission and after due deliberation said Commission has recommended that it be accepted and approved. WHEREAS, said large scale residential development is found to conform with requirements of the City ordinances of the City of Iowa City, Iowa. Ranived & Appr^'-21 Ey -EF:) Resolution No. 77-447 Page 2 NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the said plat is hereby approved as a large scale residential development. 2. That the said large scale residential development shall conform with all the requirements of the City of Iowa City, Iowa, pertaining to large scale residential developments. 3. That the City Clerk of the City of Iowa City, Iowa, is hereby authorized and directed to certify a copy of this resolution to the Office of the County Recorder of Johnson County, Iowa, after final passage and approval as authorized by law. Passed and approved this 22nd day of November , 1977 . It was moved by Aarton4e and seconded by 'PPPak4-t that the Resolution as re— ad—be— acted, and upon rell call tib were: AYES: NAYS: ABSENT: ATTEST: Oml City Clerk BALMER dePROSSE FOSTER NEUHAUSER PERRET SELZER VEVERA Mayor RESOLUTION NO. 77-448 RESOLUTION AUTHORIZING THE SALE OF URBAN RENEWAL PROPERTY WHEREAS, the City of Iowa City, Iowa, has under date September 2, 1970, entered into a contract for loan and grant with the United States of America; and, WHEREAS, the City of Iowa City, Iowa, has undertaken pursuant to said contract an Urban Renewal Project known as the City -University Project I, Project Number Iowa R44; and, WHEREAS, the City of Iowa City, Iowa, has received an entitlement of funds pursuant to the Housing and Community Development Act of 1974; and, WHEREAS, the City of Iowa City, Iowa, has pursuant to the provisions of Title 24, Part 570, Section 570.801(c), of the Code of Federal Regulations, transferred Community Development Block Grant funds to said Urban Renewal Project, and transferred control of certain real property acquired in carrying out said Urban Renewal Project to the City Council of the City of Iowa City from the City Council acting as LPA, by Resolution Number 76-446, dated December 14, 1976, and by Resolution Number 77-312, dated August 9, 1977; and, WHEREAS, the City Council of Iowa City, Iowa, caused to be issued a solicitation of Offers to Purchase Land for Private Redevelopment; and, WHEREAS, Offers to Purchase Land for Private Redevelopment were received and opened by the City of Iowa City on September 15, 1977; and, WHEREAS, the City Council of the City of Iowa City is now desireous of selling disposition Parcel 81-1 to Richard L. Pieper NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that pursuant to the authority granted by Section 403 of the 1977 Code of Iowa and Section 570.801(c) of Part 570, Title 24, Code of Federal Regulations, the Mayor and City Clerk are hereby authorized and directed to execute, on behalf of the City of Iowa City, a contract for Sale of Land for Private Redevelopment by and between Richard L. Pieper and the City of Iowa City, Iowa, a copy of which contract is attached hereto and incorporated herein, such land to be sold to Richard L. Pieper Disposition Parcel 81-1 as more particularly described in said contract. Upon execution of the contract by the City and Richard L.Pie er , the City Manager is authorized and directed to prepare a deed for said property and deliver the deed to Richard L. Pieper upon receipt of payment for said property. It was moved by SAIMin and seconded by 5d-r_q_ 1 that the Resolution as read be adopted and upon roll call there were: l3 Res. 77-448 AYES: NAYS _x_ — x_ — ABSENT: .Passed and approved this 22nd -2- Balmer deProsse Foster Neuhauser Perret Selzer Vevera ATTEST: 1z, ki�gL City Clerk day of November 1977. Mayor RECEIVED L777.(VEED DX sm; �„EGAl: ri-f�:p:Ty11i /Z/ Part I of CONTRACT FOR SALE OF LAND FOR PRIVATE REDEVELOPMENT By and Between Richard L. Pieper and The City of Iowa City, Iowa CONTRACT FOR SALE OF LAND FOR PRIVATE REDEVELOPMENT AGREEMENT, consisting of this Part I and Part II annexed hereto and made a part hereof (which Part I and Part II are together hereinafter called "Agreement"), made on or as of the 7-2 _J day of n�mc�eo 19/7, by and etween the City of Iowa City, Iowa, a public body corporate (which, together with any successor public body or officer hereafter designated by or pursuant to law, is hereinafter called the "City"), established pursuant to the statutes of the State of Iowa pertaining to Municipalities, Cities, Towns, and particularly Chapter 403 of the Code of Iowa as amended (hereinafter called "Urban Renewal Act") and having its office at the Civic Center in the City of Iowa City, State of Iowa, and Richard L. Pieper a sole proprietor organized an existing under t e aws of the State of Iowa hereinafter called "Redeveloper") and having an office for the transaction of business at ,D" Clinton Street Mail in the City of Iowa City , County OT Johnson and State of Iowa , WITNESSETH: WHEREAS, in furtherance of the objectives of the Urban Renewal Act, the City has undertaken a program for the clearance and reconstruction or rehabilitation of slum and blighted areas in the City, and in this connection is engaged in carrying out an urban renewal project (herein- after called "Project") in an area (hereinafter called the "Project Area") located in the City; and WHEREAS, as of the date of this Agreement there has been prepared and approved by the City an urban renewal plan for the Project, con- sisting of ("The Urban Renewal Plan, dated September 3, 1969, by Resolu- tion No. 2157, as amended from time to time and as it may hereafter be further amended pursuant to law, and as so constituted, is unless other- wise indicated by the context, hereinafter called "Urban Renewal Plan"), and WHEREAS, a copy of the Urban Renewal Plan as constituted on the date of the Agreement has been recorded among the land records for the place in which the Project Area is situated, namely, in the Office of the Johnson County Recorder in Book 490 at page 408, and has been filed in the Office of the Clerk of the City located at the Civic Center in the City; and WHEREAS, in order to enable the City to achieve the objectives of the Urban Renewal Plan and particularly to make the land in the Project Area available for redevelopment by private enterprise for redevelopment in accordance with the Urban Renewal Plan, both the Federal Government and the City have undertaken to provide and have provided substantial aid and assistance through a Contract for Loan and Capital Grant dated September 2, 1970, in the case of the Federal Government; and WHEREAS, pursuant to Chapter 403, Code of Iowa as amended, the City has offered to sell and the Redeveloper is willing to purchase certain real property located in the Project Area and more particularly described -1- in Schedule A annexed hereto and made a part hereof (which property as so described is hereinafter called "Property") and to redevelop the Property for and in accordance with the uses specified in the Urban Renewal Plan and in accordance with the Agreement; and WHEREAS, the City believes that the redevelopment of the Property pursuant to the Agreement, and the fulfillment generally of the Agree- ment, are in the vital and best interests of the City and the health, safety, morals, and welfare of its residents, and in accord with the public purposes and provisions of the applicable Federal, State, and local laws and requirements under which the Project has been undertaken; and WHEREAS, the City has acquired title to certain property described in Schedule A hereof: NOW, THEREFORE, in consideration of the premises and the mutual obligations of the parties hereto, each of them does hereby covenant and agree with the other as follows: SECTION 1. SALE: PURCHASE PRICE Subject to all the terms, covenants, and conditions of the Agree- ment, the City will sell the property described in Schedule A hereof to the Redeveloper for, and the Redeveloper will purchase the property from the City and pay therefore, the amounts set forth in Schedule B hereof, subject to the terms and conditions of Section 2 of this Agreement. The amounts set forth in Schedule B, hereinafter called "Purchase Price," are to be paid in cash or by certified check simultaneously with the delivery of the deeds conveying the property to the Redeveloper. SECTION 2. CONVEYANCE OF PROPERTY (a) Form of Deed. The City shall convey to the Redeveloper title to tFeproperty by Special Warranty Deed (hereinafter called "Deed"). Such conveyance and title shall, in addition to the condition subsequently provided for in Section 704, Part II, hereof, and to all other conditions, covenants, and restric- tions set forth or referred to elsewhere in the Agreement, be subject to: (1) Such easements as it shall have been necessary, pursuant to the Urban Renewal Plan, for the City to reserve, for itself or for future dedication or grant, for sewers, drains, water and gas distribution lines, electric, telephone, and telegraph installations, rights-of-way and access, or as described or referred to in "Schedule A," description of property, attached hereto and referenced as a part hereof; (2) All conditions, covenants and restrictions contained in said Urban Renewal Plan and Part I and II of this Contract. -2- (b) Time and Place for Delivery of Deeds. The City shall deliver the Deed and possession of the property to the Redeveloper upon payment of the purchase price in full upon such dates as called for in this Agreement. Conveyance shall be made at the principal office of the City and the Redeveloper shall accept such conveyance and pay to the City at such time and place the purchase price in full for each parcel delivered. (c) Recordation of Deeds. The Redeveloper shall promptly file the Deeds for recor ation among the land records of Johnson County, Iowa. The Redeveloper shall pay all costs (including the cost of the State documentary stamp tax on the Deeds, for which stamps in the proper amount shall be affixed to the Deeds by the Redeveloper), for so recording said Deed. (d) Delivery of the Abstract. The City will furnish to the Rede- veloper in advance of the closing on each parcel, an abstract of title showing good marketable title in the City of Iowa City, Iowa, free and clear of all taxes, assessments or other encumbrances except as hereinbefore specified. The abstracts of title shall be at City expense and will be certified by a qualified abstracting company to the close of business as the closest practical date prior to the date of the deed of con- veyance. The cost of obtaining an attorney's examination of the abstracts for title opinion and/or the cost of obtaining title insurance, if required, shall be at the expense of the Redeveloper. (e) Delive_r_�of Property. The City will deliver the property described in Schedule A hereof at the time set forth in Schedule C hereof. The Redeveloper agrees to pay for and accept title of such property as called for in this Agreement and agrees to begin development promptly on the property conveyed within the time called for in this Agreement. Failure by the Redeveloper to pay for and accept delivery of the urban renewal land as called for herein will result in forfeiture of the deposits posted with the City by the Redeveloper attributable to such property, without limiting the City as to other remedies against the Redeveloper. In the event the City is unable to deliver the property as called for in Schedule C to the Redeveloper, the Redeveloper shall have the option of rescinding the development contract only as to such parcels in default by causing a written notice to be served upon the City of the exercise of such option. Upon receipt by the City of this notice, the City shall have sixty (60) days to cure the default by tendering the property covered in the notice to the Redeveloper. If the City is unable to cure the default within the sixty (60) days as provided herein, the Redeveloper shall, at its option, stand relieved of its obligation to accept the parcel or parcels involved and the City shall, in such event, promptly refund that portion of the Redeveloper's deposit attributable to such parcels to the Redeveloper. It is expressly understood and agreed that the City shall have no other liability, direct or indirect, to the Redeveloper on account of delay or inability to deliver land to the Redeveloper as 1919 called for in this Agreement and the Redeveloper's remedy in the event of default by the City in delivery of urban renewal land is hereby specifically limited to rescinding the contract as to such land as provided in this paragraph. (f) Default�b Redeveloper. In the event the Redeveloper fails to accept delivery of and pay for one or more parcels of property, as called for in this Agreement, the City may, at its option, call the entire Agreement, or the Agreement as it applies to any part of the property, in default, serve a proper notice of forfeiture upon the Redeveloper and terminate this Agreement in its entirety except that forfeiture of this Agreement shall not relieve the Redeveloper of the obligations imposed by this Agreement as to property already delivered to the Redeveloper. SECTION 3. GOOD FAITH DEPOSIT (a) Amount. The Redeveloper has, prior to or simultaneously with t e execution of the Agreement by the City, delivered to the City a- good- #a4th-depes4t-or-a-surety- bond- 4R -the- penal -amount ef------------------------------------------- 9e}4ars,-{ten- pereent- 9 -e#-the-pure ase-prae r4R-wkas#i-tke-Caty-is-t#ie eba4gee;-issued-by------------------------------------ a -surety company-regu4aray-engage -4n-t e-4ssuenee-ef-sae -un er takings-and-on-the-;4st-e#-surety-eempan4es-appreved-by-tlae 11R4ted-States-Treasury-#er-at-least-sash-a�aeuRt,-ep-sas#�, or a certified check satisfactory to the City in the amount of Nine Hundred and Twenty ($920)----------- Dollars, herein- after called Deposit, as security for the performance of the obligations of the Redeveloper to be performed prior to the return of the Deposit to the Redeveloper, or its retention by the City as liquidated damages, or its application on account of the Purchase Price, as the case may be, in accordance with the Agreement. The Deposit, if cash or certified check, shall be deposited in an account of the City in a bank or trust company selected by it. (b) Interest. The City shall be under no obligation to pay or earn interest on the Deposit, but if interest is payable thereon such interest when received by the City shall be promptly paid to the Redeveloper. (c) Retention by Cit. Upon termination of the Agreement as provided ections 703 and 704 of Part II hereof, the Deposit or the proceeds of the Deposit, if not theretofore returned to the Redeveloper pursuant to Paragraph (d) of this Section, including all interest payable to such Deposit or the proceeds thereof after such termination, shall be retained by the City Agency as provided in Sections 703 and 704 of Part II hereof. -4- (d) Return to Redeveloper. Upon termination of the Agreement as provided in 02 of Part II hereof, the Deposit shall be returned to the Redeveloper by the City as provided in Section 702 of Part II hereof. SECTION 4. TIME FOR COMMENCEMENT AND COMPLETION OF IMPROVEMENTS The construction of the Improvements called for in this Agreement shall be commenced and completed in accordance with Schedule D hereofProvided, that if a mortgage securing money loaned to finance the Improve- ments, or any part thereof, is insured by the Secretary of Housing and Urban Development, then the aforesaid completion time shall not apply, but instead the construction of the Improvements, or any part thereof, shall be completed within the time specified in the applicable Building Loan Agreement approved by the Secretary of Housing and Urban Development. SECTION 5. TIME FOR CERTAIN OTHER ACTIONS (a) Time for Submission of PreliminarX Design Plans. The Rede- veloper shall submit Preliminary Design Pans as called for in Section 301 of Part II of this Agreement as soon as possible after the time for conveyance set forth in Schedule C hereof, and shall submit such plans in no event later than 10 days after time for conveyance. (b) Time for Submission of Construction Plans. The Redeveloper shall submit construction pans as called for in Section 301 of Part II of this Agreement as soon as possible after approval of the Preliminary Design Plans by the City Council, and in no event, later than sixty (60) days prior to the time for start of construction called for in Schedule D hereof. (c) Time for Submission of Corrected Plans. In the event that Preliminary Design Plans or Construction Plans are rejected by the City, as set forth in Section 301 of Part II of this Agreement, the Redeveloper shall submit corrected plans within thirty (30) days of said rejection. (d) If any hardship shall exist in complying with the foregoing provisions of this Section, the Redeveloper may petition to the City in writing for an extension of time for performance of any part of this Section, setting forth in detail the reasons for needing such extension. SECTION 6. PERIOD OF DURATION OF COVENANT ON USE Tife covenants pertaining to the use of the Property, set forth in Paragraph (a) of Section 401 of Part II hereof, shall remain in effect from the date of the Deed until October 2, 1994, the period specified or referred to in the Urban Renewal Plan, and shall automatically extend for five year periods thereafter, unless changed by the City Council. Wil SECTION 7. NOTICES AND DEMANua. A notice, demand, or other communication under the Agreement by either party to the other shall be sufficiently given or delivered if it is dispatched by registered or certified mail, postage prepaid, return receipt requested, or delivered personally, and (i) in the case of the Redeveloper, is addressed to or delivered personally to the Redeveloper at Hawkeye Barber Stylist Clinton Street Mall Iowa City, Iowa 52240 N (ii) in the case of the City, is addressed to or delivered personally to the: City Manager Civic Center 410 E. Washington St. Iowa City, IA 52240 or at such other address with respect to either such party as that may, from time to time, designate in writing and forward to the other as provided in this Section. SECTION 8. COUNTERPARTS The Agreement is executed in three (3) counterparts, each of which shall constitute one and the same instruments. SECTION 9. ADDED PROVISIONS All contract provisions of Part II of the "Contract for Sale of Land for Private Redevelopment" as submitted by the City of Iowa City in Proposal Packet are hereby incorporated by reference and made a part of this Agreement as fully as if set forth herein and in addition thereto the following provision is added as Paragraph C of Section 503. "c. Upon completion of the improvements to be constructed upon said parcel, and upon the issuance of a certificate of completion pursuant to Section 305 hereof, the Redeveloper shall have the right to sell or assign his interest in said parcel without the approval of the City of Iowa City." IN WITNESS WHEREOF, the City has caused the Agreement to be duly executed in its name and behalf by its Mayor and its seal to be hereunto duly affixed and attested by its City Clerk, and the Redeveloper has caused the Agreement to be duly executed in its name and behalf by its and its corporate seal to be hereunto duly affixed and attested by its Secretary, on or as of the day first above written. 512 ATTEST: (?I L A L L.. 2 CITY CLERK ATTEST: SECRETAR CITY OF IOWA CITY, IOWA BY: _-IA)-,mtA� C. AAllAlfAVU.P4 MAYOR Richard L. Pieper EDEVELOPER BY: PRESIDENT -7- 3 STATE OF COUNTY OF INDIVIDUAL ACKNOWLEDGEMENT Iowa :ss Johnson On this 22nd day of November A.D., 19 77 , before me, S, (ift—Q "�j a Notary Public in and for said County and State, personally appeared F, e Per to me known to be the identical person — named in and who executed the foregoing instrument, and acknowledged that A e executed the same as kis voluntary act and deed. IN WITNESS WHEREOF, I have hereunto signed my name and affixed my Notarial Seal the day and year last above written. Notary Public in an County, State of My Commission expires 10 SCHEDULE A LEGAL DESCRIPTION All that certain parcel or parcels of land located in the City of Iowa City, County of Johnson, State of Iowa, more particularly described as follows, to wit: Commencing at a point 65 feet south of the northwest corner of Lot 5 in Block 81, in Iowa City, Johnson County, Iowa, according to the recorded plat thereof, thence east 80 feet, thence south 13; feet, thence west 80 feet, thence north 134 feet to the point of beginning. PARCEL NO. 81-1 SCHEDULE B PRICE OFFERED -10- fJ3i," $9,200 PARCEL NO. 81-1 SCHEDULE C TIME FOR CONVEYANCE -11- DATE November 30, 1977 SCHEDULE D Improvements on the parcel listed below will commence and be completed in accordance with the following schedule: PARCEL NO. COMMENCE ESTIMATED COMPLETION 81-1 December 30, 1977 six months after completion -12- Part II of CONTRACT FOR SALE OF LAND FOR PRIVATE REDEVELOPMENT By and Between RICHARD L. PEIPER and The City of Iowa City, Iowa ARTICLE I. PREPARATION OF PROPERTY FOR REDEVELOPMENT SECTION 101. DEMOLITION AND SITE CLEARANCE. It is agreed that the City shall convey and the redeveloper shall accept the property set forth in Schedule A of this agreement AS IS and it is expressely agreed that the City makes no warranty, express or implied, regarding subsurface conditions and that the City shall have no liability for any damages arising from subsurface conditions. It is further agreed that any contracts or specifications for site demolition and clearance which may have been examined by the redeveloper were examined for information purposes only, and that the City shall assume no liability for any defects or variance from the specifications for work previously completed. SECTION 102. EXPENSES, INCOME, AND SALVAGE. All expenses, including current taxes, if any, relating to buildings or other structures demolished or to be demolished in accordance with Section 101 hereof shall be borne by, and all income or salvage received as result of the demolition of such buildings or structures shall belong to the City. ON 103. CITY'S RESPONSIBILITIES FOR CERTAIN OTHER ACTIONS. The City, without expense to t e Redeye oper or assessment or claim against the property, shall cause the restriction of traffic and construction of public improvements on existing street rights-of- way, and the construction of parking structures as specifically set forth in the Urban Renewal Plan. Provided, the City reserves the right to make future modifications to the traffic circulation system and to the public improvements when such changes are deemed necessary and in the public interest, and further Provided in the event that the City, after a good faith attempt to do so, is unable to construct the parking structures due to an inability to issue revenue bonds, the City shall be without liability to the developer or the developer's assigns. (a) Installation of Public Utilities - The installation or re- location by the City or public utility company of such sewers, drains, water and gas distribution lines, electric, telephone, and telegraph lines and all other public utility lines, installations, and facilities as are necessary to be installed or relocated on or in connection with the Property by reason of the redevelopment contemplated by the Urban Renewal Plan and the development of the Property: Provided, that the City shall not be responsible for, nor bear any portion of the cost of, installing the necessary utility connections within the boundaries of the Property between the Improvements to be constructed on the Property by the Redeveloper and the water, sanitary sewer, and storm drain mains or other public utility lines owned by the City or by any public utility company within or without such boundaries, or electric, gas, telephone, or other public utility lines owned by any public utility company within or without such boundaries, and the Redeveloper shall secure any permits required for any such installation without cost or expense to the City. ON 104. WAIVER OF CLAIMS AND JOINING IN PETITIONS BY REDEVELOPER. The Redeveloper hereby waives as the purchaser of the Property under the Agreement and as the owner after the conveyance of the Property provided for in the Agreement) any and all claims to awards of damages, if any, to compensate for the closing, vacation, restriction, change of restriction or change of grade of any street, alley, or other public right-of-way within or fronting or abutting on, or adjacent to, the Property which, pursuant to Section 103 hereof, is to be closed or vacated, or the grade of which is to be changed, and shall upon the request of the City subscribe to, and join with, the City in any petition or proceeding required for such vacation, dedication, change of grade, and, to the extent necessary, rezoning, and execute any waiver or other document in respect thereof. ARTICLE II. RIGHTS OF ACCESS TO PROPERTY SECTION 201. RIGHT OF ENTRY FOR UTILITY SERVICE. The City reserves for itself, the City, and any public utility company, as may be appro- priate, the unqualified right to enter upon the Property at all reasonable times for the purpose of reconstructing, maintaining, repairing, or servicing the public utilities located within the Property boundary lines and provided for in the easements described or referred to in Paragraph (a), Section 2 of Part I hereof. SECTION 202. REDEVELOPER NOT TO CONSTRUCT OVER UTILITY EASEMENTS. The Redeveloper shall not construct any building or other structure or improvement on, over, or within the boundary lines of any easement for public utilities described or referred to in Paragraph (a), Section 2 of Part I hereof, unless such construction is provided for in such easement or has been approved in writing by the City Engineer, or the authorized representative of an affected public utility. SECTION 203. ACCESS TO PROPERTY. Prior to the conveyance of the Property by the City to the Redeveloper, the City shall permit representatives of the Redeveloper to have access to any Property to which the City holds title, at all reasonable times for the purpose of obtaining data and making various tests concerning the Property necessary to carry out the Agreement. After the con- veyance of the Property by the City to the Redeveloper, the Re- developer shall permit employees, agents or representatives of the City access to the Property at all reasonable times for the pur- poses of the Agreement, including, but not limited to, inspection of all work being performed in connection with the construction of the Improvements. No compensation shall be payable nor shall any charge be made in any form by any party for the access provided for in this Section. II -2 ARTICLE III. CONSTRUCTION PLANS; CONSTRUCTION OF IMPROVEMENTS; CERTIFICATE OF COMPLETION ION 301. PLANS FOR CONSTRUCTION OF IMPROVEMENTS. Whenever used in this Agreement the term "preliminary design plans" shall include a site plan and preliminary plans for Improvements which clearly show the size, location, and external appearance of any structures, along with such other information as is necessary to fully deter- mine the intentions of the redeveloper. The term "construction plans" shall mean all plans, specifications, drawings, or other information required to be submitted for issuance of any permit called for by applicable codes and ordinance. The term "Improve- ments", as used in this Agreement, shall be deemed to make reference to any buildings, structures, renovations, or other improvements, as provided for and specified in this Agreement, preliminary design plans, and construction plans. The Redeveloper shall, prior to the construction of the Improve- ments called for in this Agreement, submit for approval by the City Council preliminary design plans, and such other information as is necessary for the City Council to fully determine the intentions of the redeveloper. Such plans shall be submitted no later than the time specified therefor in Paragraph (a), Section 5, of Part I hereof. It is expressly understood that the preliminary design plans shall be submitted to review by the City's Design Review Committee. Approval of such preliminary design plans by the City Council shall in no way relieve the redeveloper of the respon- sibility for obtaining all required permits and otherwise fully complying with all applicable state and local codes and ordinances. Following approval of preliminary design plans by the City Council the redeveloper shall submit construction plans and other informa- tion necessary to obtain all permits required by applicable codes and ordinances. The preliminary design plans, as defined herein, shall in any event, be deemed approved by the City Council unless rejection thereof in writing shall be set forth by the City within forty (40) days after the date of their receipt by the City Clerk. If the City so rejects such preliminary design plans in whole or in part, the Redeveloper shall submit new or corrected preliminary design plans which correct the defect set forth in the rejection, within the time specified therefor in Paragraph C, Section 5, of Part I hereof. The provisions of this section relating to approval, rejection, and resubmission of corrected preliminary design plans herein above provided with respect to the original plans shall continue to apply until the preliminary design plans have been approved by the City Council. All work with respect to the Improvements to be constructed or provided by the redeveloper on the property shall be in conformity with the preliminary design plans as approved by the City Council. Construction plans called for herein shall be consistent with and logical extensions of the preliminary design plans approved by the City Council. II -3 SECTION 302. CHANGES IN CONSTRUCTION PLANS. If the Kedeveloper desires to make any changes in the preliminary design plans after their approval by the City Council, the Redeveloper shall submit the proposed change to the City Council for its approval. Changes in construction plans as defined herein, may be approved by the Department of Housing and Inspection Services, provided that such changes will not cause the Improvement to be constructed in a manner not consistent with the preliminary design plans as approved by Council. SECTION 303. COMMENCEMENT AND COMPLETION OF CONSTRUCTION OF IMPROVEMENTS. The Redeveloper agrees for itself, its successors and assigns, and every successor in interest to the Property, or any part thereof, and the Deed shall contain covenants on the part of the Redeveloper for itself and such successors and assigns, that the Redeveloper, and such successors and assigns, shall promptly begin and diligently pursue to completion the redevelopment of the Property through the construction of the Improvements thereon, and that such construction shall in any event be begun within the period specified in Section 4 of Part I hereof and be completed within the period specified in such Section 4. It is intended and agreed, and the Deed shall so expressly provide, that such agreements and covenants shall be covenants running with the land and that they shall, in any event, and without regard to technical classification or designation, legal or otherwise, and except only as otherwise specifically provided in the Agreement itself, be, to the fullest extent permitted by law and equity, binding for the benefit of the community and the City and enforceable by the City against the Redeveloper and its successors and assigns to or of the Property or any part thereof or any interest therein. SECTION 304. PROGRESS REPORTS. Subsequent to conveyance of the Property, or any part thereof, to the Redeveloper, and until construction of the Improvements has been completed, as set forth in Section 305 hereof, the Redeveloper shall make reports, set forth the status of Improvements, construction schedule, and such other information as may reasonably be requested by the City, as to the actual progress of the Redeveloper with respect to such construction. SECTION 305. CERTIFICATE OF COMPLETION. (a) Within thirty (30) days after completion of the Improvements in accordance with those provisions of the Agreement relating solely to the obligations of the Redeveloper to construct the Improvements (including the dates for beginning and completion thereof), the City will furnish the•Redeveloper with an appro- priate instrument so certifying. Such certification by the City shall be (and it shall be so provided in the Deed and in the certification itself) a conclusive determination of satis- faction and termination of the agreements and covenants in the dates for the beginning and completion thereof: Provided, II -4 that if there is upon the Property a mortgage insured, or held or owned, by the Federal Housing Administration and the Federal Housing Administration shall have determined that all buildings constituting a part of the Improvements and covered by such mortgage are, in fact, substantially completed in accordance with the plans and are ready for occupancy, then, in such event, the City and the Redeveloper shall accept the deter- mination of the Federal Housing Administration as to such completion of the construction of the Improvements in accor- dance with the plans, and, if the other agreements and covenants in the Agreement obligating the Redeveloper in respect of the construction and completion of the Improvements have been fully satisfied, the City shall forthwith issue its certifi- cation provided for in this Section. Such certification and such determination shall not constitute evidence of compliance with or satisfaction of any obligation of the Redeveloper to any holder of a mortgage, or any insurer of a mortgage, securing money loaned to finance the Improvements, or any part thereof. (b) With respect to such individual parts or parcels of the Property which, if so provided in Part I hereof, the Redeveloper may convey or lease as the Improvements to be constructed thereon are completed, the City will also, upon proper completion of the Improvements relating to any such part or parcel, furnish the Redeveloper with an appropriate instrument, certifying that such Improvements relating to any such part or parcel have been made in accordance with the provisions of the Agree- ment. Such certification shall mean and provide (1) that any party purchasing or leasing such individual part or parcel pursuant to the authorization herein contained shall not (because of such purchase or lease) incur any obligation with respect to the construction of the Improvements relating to such part or parcel or to any other part or parcel of the Property; and (2) that neither the City nor any other party shall thereafter have or be entitled to exercise with respect to any such individual part or parcel so sold (or, in the case of lease, with respect to the leasehold interest) any rights or remedies or controls that it may otherwise have or be entitled to exercise with respect to the construction of Improvements as called for herein. (c) Each certification provided for in this Section shall be in such form as will enable it to be recorded in the proper office for the recordation of deeds and other instruments pertaining to the Property, including the Deed. If the City shall refuse or fail to provide any certification in accor- dance with the provisions of this Section, the City shall, within thirty (30) days after written request by the Rede- veloper, provide the Redeveloper with a written statement, indicating in adequate detail in what respects the Redeveloper has failed to complete the Improvements in accordance with the provisions of the Agreement, or is otherwise in default, and what measures or acts it will be necessary, in the opinion of the City, for the Redeveloper to take or perform in order to obtain such certification. II -5 subdivision ( f Section 401 hereof shall re in effect without limitation as to time: Provided, that such agreements and covenants shall be binding on the Redeveloper itself, each successor in interest to the Property, and every part thereof, and each party in possession or occupancy, respectively, only for such period as such successor or party shall have title to, or an interest in, or possession or occupancy of, the Property or part thereof. The terms "uses specified in the Urban Renewal Plan" and "land use" referring to provisions of the Urban Renewal Plan, or similar language, in the Agreement shall include the land and all building, housing, and other requirements or restrictions of the Urban Renewal Plan pertaining to such land. SECTION 403. CITY AND UNITED STATES RIGHTS TO ENFORCE. In amplifica- tion, and not in restriction of, the provision of the preceding Section, it is intended and agreed that the City and its successors and assigns shall be deemed beneficiaries of the agreements and covenants provided in Section 401 hereof, and the United States shall be deemed a beneficiary of the covenant provided in sub- division (b) of Section 401 hereof, both for and in their or its own right and also for the purposes of protecting the interests of the community and other parties, public or private, in whose favor or for whose favor or for whose benefit such agreements and covenants have been provided. Such agreement and covenants shall (and the Deed shall so state) run in favor of the City and the United States, for the entire period during which such agreements and covenants shall be in force and effect, without regard to whether the City or the United States has at any time been, remains, or in an owner of any land or interest therein to or in favor of which such agreements and covenants relate. The City shall have the right, in the event of any breach of any such agreement or covenant, and the United States shall have the right in the event of any breach of the covenant provided in subdivision (b) of Section 401 hereof, to exercise all the rights and remedies, and to maintain any actions or suits at law or in equity or other proper proceedings to enforce the curing of such breach of agreement or covenant, to which it or any other beneficiaries of such agreement or covenant may be entitled. ARTICLE V. PROHIBITIONS AGAINST ASSIGNMENT AND TRANSFER SECTION 501. REPRESENTATIONS AS TO REDEVELOPMENT. The Redeveloper represents and agrees that its purchase of the Property, and its other undertakings pursuant to the Agreement, are, and will be used, for the purpose of the redevelopment of the Property and not for speculation in land holding. The Redeveloper further recognizes that, in view of (a) the importance of the redevelopment of the Property to the general welfare of the community; (b) the substantial financing and other public aids that have been made available by law and by the Federal and local Governments for the purpose of making such redevelopment possible; and (c) the fact that a transfer of the stock in the Redeveloper or of a substantial part thereof, or any other act or transaction II -7 involving or resulting in a significant change in the owner- ship or distribution of such stock or with respect to the identity of the parties in control of the Redeveloper or the degree thereof, is for practical purposes a transfer or disposition of the Property then owned by the Redeveloper, the qualifications and identity of the Redeveloper, and its stock- holders, are of particular concern to the community and the City. The Redeveloper further recognizes that it is because of the recog- nition of such qualifications and identity that the City is entering into the Agreement with the Redeveloper, and, in so doing, the City is further willing to accept and rely on the obligations of the Redeveloper for the faithful performance of all undertakings and covenants in the Agreement. IBITION AGAINST TRANSFER OF OWN REDEVELOPER. For the foregoing reasons, the Keoeveioper agrees for itself, and all persons holding an interest therein, their heirs, successors and assigns that there shall be no change or transfer of ownership or control by any person or combination of persons owning or controlling ten (10) percent or more interest in the Redeveloper through sale, assignment, merger, increased, capitalization or by any other means, without the express written approval of the City. With respect to this provision, the Rede- veloper and the parties signing the Agreement on behalf of the Redeveloper represent that they have the authority of all persons holding interest therein to agree to this provision on their behalf and to bind them with respect thereto. SECTION 503. PROHIBITION AGAINST TRANSFER OF PROPERTY AND ASSIGNMENT OF AGREEMENT. Also, for the foregoing reasons the Redeveloper represents and agrees for itself, and its successors and assigns, that: (a) Except only (1) by way of security for, and only for, (i) the purpose of obtaining financing necessary to enable the Redeveloper or any successor in interest to the Property, or any part thereof, to perform its obligations with respect to making the Improvements under the Agreement, and (ii) any other purpose authorized by the Agreement, and (2) as to any individual parts or parcels of the Property on which the Improvements to be constructed thereon have been completed, and which, by the terms of the Agreement, the Redeveloper is authorized to convey or lease as such Improvements are completed, the Redeveloper (except as so authorized) has not made or created, and that it will not, prior to the proper completion of the Improve- ments as certified by the City, make or create, or suffer to be II -8 made or created, any total or partial sale, assignment, conveyance, or lease, or any trust or power, or transfer in any other mode or form of or with respect to the Agreement or the Property, or any part thereof or any interest therein, or any contract or agreement to do any of the same, without the prior written approval of the City: Provided, that prior to the issuance by the City of the certificate provided by in Section 306 hereof as to completion of construction of the Improvements, the Redeveloper may enter into any agreement to sell, lease, or otherwise transfer, after the issuance of such certificate, the Property or any part thereof or interest therein, which agreement shall not provide for payment of or on account of the purchase price or rent for the Property, or the part thereof or the interest therein to be so transferred, prior to the issuance of such certificate. (b) The City shall be entitled to require, except as otherwise provided in the Agreement, as conditions to any such approval that: (1) Any proposed transferee shall have the qualifications and financial responsibility, as determined by the City, necessary and adequate to fulfill the obligations under- taken in the Agreement by the Redeveloper (or, in the event the transfer is of or relates to part of the Property, such obligations to the extent that they relate to such part). (2) Any proposed transferee, by instrument in writing satis- factory to the City and in form recordable among the land records, shall, for itself and its successors and assigns, and expressly for the benefit of the City, have expressly assumed all of the obligations of the Redeveloper under the Agreement and agreed to be subject to all the condi- tions and restrictions to which the Redeveloper is sub- ject (or, in the event the transfer is of or relates to part of the Property, such obligations, conditions, and restrictions to the extent that they relate to such part): Provided, that any instrument or agreement which purports to transfer any interest whatsoever caused by this agreement without the express written approval of the City, is null and void. (3) There shall be submitted to the City for review all instruments and other legal documents involved in effecting transfer; and if approved by the City, its approval shall be indicated to the Redeveloper in writing. (4) The consideration payable for the transfer by the trans- feree or on its behalf shall not exceed an amount repre- senting the actual cost (including carrying charges) to the Redeveloper of the Property (or allocable to the part thereof or interest therein transferred) and the Improve- ments, if any, theretofore made thereon by it; it being the intent of this provision to preclude assignment of the Agreement or transfer of the Property for profit II -9 prio the issuance of the certific of completion as set forth in Section 306 of this Agreement. The City shall be entitled to increase the Purchase Price to the Redeveloper by the amount that the consideration payable for the assignments or transfer is in excess of the amount that may be authorized pursuant to this sub- division (4), and such consideration shall, to the extent it is in excess of the amount so authorized, belong to and forthwith be paid to the City. (5) The Redeveloper and its transferee shall comply with such other conditions as the City may find desirable in order to achieve and safeguard the purposes of the Urban Renewal Act and the Urban Renewal Plan. Provided, that in the absence of specific written agreement by the City to the contrary, no such transfer or approval by the City thereof shall be deemed to relieve the Redeveloper, or any other party bound in any way by the Agreement or otherwise with respect to the construction of the Improvements, from any of its obli- gations with respect thereto. SECTION 504. INFORMATION AS TO HOLDERS OF INTEREST IN REDEVELOPER. In order to assist in the effectuation of the purposes of t is Article V and the statutory objectives generally, the Redeveloper agrees that during the period between execution of the Agreement and completion of the Improvements as certified by the City, (a) the Redeveloper will promptly notify the City of any and all changes whatsoever in the ownership or control of interest, legal or beneficial, or of any other act or transaction involving or resulting in any change in the ownership of such interest or in the relative distribution thereof, or with respect to the identity of the parties in control of the Redeveloper or the degree thereof, of which it or any of its officers have been notified or otherwise have knowledge or information; and (b) the Redeveloper shall at such time or times as the City may request, furnish the City with a complete statement, sub- scribed and sworn to by the President or other executive officer of the Redeveloper, setting forth all of the holders of interest in the Redeveloper and the extent of their re- spective holdings, and in the event any other parties have a beneficial interest in such holdings their names and the extent of such interest, all as determined or indicated by the records of the Redeveloper, any specific inquiry made by any such officer, of all parties who on the basis of all such records own ten (10) percent or more of the interest in the Redeveloper, and by such other knowledge or information as such officer shall have. Such lists, data, and information shall in any event be furnished the City immediately prior to the delivery of the Deed to the Redeveloper and as a condition precedent thereto, and annually thereafter on the anniversary of the date of the Deed until the issuance of a certificate of completion of all the Property. II -10 ARTICLE VI. MORTGAGE FINANCING; RIGHTS OF MORTGAGEES SECTION 601. LIMITATION UPON ENCUMBRANCE OF PROPERTY. Prior to the completion of the Improvements, as certified by the City, neither the Redeveloper nor any successor in interest to the Property or any part thereof shall engage in any financing or any other trans- action creating any mortgage or other encumbrance or lien upon the Property, whether by express agreement or operation of law, or suffer any encumbrance or lien to be made on or attach to the Property, except for the purposes of obtaining (a) funds only to the extent necessary for making the Improvements, and (b) such additional funds, if any, in an amount not to exceed the Purchase Price paid by the Redeveloper to the City. The Redeveloper (or successor in interest) shall notify the City in advance of any financing, secured by mortgage or other similar lien instrument, it proposes to enter into with respect to the Property, or any part thereof, and in any event it shall promptly notify the City of any encumbrance or lien that has been created on or attached to the Property, whether by voluntary act of the Redeveloper or otherwise. For the purposes of such mortgage financing as may be made pursuant to the Agreement, the Property may, at the option of the Redeveloper (or successor in interest), be divided into several parts or parcels, provided that such subdivision, in the opinion of the City, is not inconsistent with the purposes of the Urban Renewal plan and the Agreement and is approved in writing by the City. ECTION 602. MORTGAGEE NOT OBLIGATED TO CONSTRUCT. Notwithstanding any of the provisions of the Agreement, including- but not limited to those which are or are intended to be covenants running with the land, the holder of any mortgage authorized by the Agreement (includ- ing any such holder who obtains title to the Property or any part thereof as a result of foreclosure proceedings, or action in lieu thereof, but not including (a) any other party who thereafter obtains title to the Property or such part from or through such holder, or (b) any other purchaser at foreclosure sale other than the holder of the mortgage itself) shall in no wise be obligated by the provisions of the Agreement to construct or complete the Improve- ments or to guarantee such construction or completion; nor shall any covenant or any other provision in the Deed be construed to so obligate such holder: Provided, that nothing in this Section or any other Section or provision f the Agreement shall be deemed or construed to permit or authorize any such holder to devote the Property or any part thereof to any uses, or to construct any improvements thereon, other than those uses or improvements provided or permitted in the Urban Renewal Plan and in the Agreement. SECTION 603. COPY OF NOTICE OF DEFAULT TO MORTGAGEt. Whenever the City shall deliver any notice or demand to the Redeveloper with respect to any breach or default by the Redeveloper in its obligations or covenants under the Agreement, the City shall at the same time forward a copy of such notice or demand to each holder of any mortgage authorized by the Agreement at the last address of such holder shown in the records of the City. SECTION 604. MORTGAGEE'S OPTION TO CURE DEFAULTS. After any breach or default referred to in Section 603 ereo , each such holder shall (insofar as the rights of the City are concerned) have the right, at its option, to cure or remedy such breach or default (or such breach or default to the extent that it relates to the part of the Property covered by its mortgage) and to add the cost thereof to the mortgage debt and the lien of its mortgage: Provided, that if the breach or default is with respect to construction of the Improvements, nothing contained in this Section or any other Section of the Agreement shall be deemed to permit or authorize such holder, either before or after foreclosure or action in lieu thereof, to undertake or continue the construction or completion of the Improvements (beyond the extent necessary to conserve or protect Improvements or construction already made) without first having expressly assumed the obligation to the City, by written agreement satisfactory to the City, to complete, in the manner provided in the Agreement, the Improvements on the Property or the part thereof to which the lien or title of such holder relates. Any such holder who shall properly complete the Improvements relating to the Property or applicable part thereof shall be entitled, upon written request made to the City, to a certification or certifications by the City to such effect in the manner provided in Section 305 of the Agreement, and any such certification shall, if so requested by such holder mean and provide that any remedies or rights with respect to recapture of or reversion or revesting of title to the Property that the City shall have or be entitled to because of failure of the Redeveloper or any successor in interest to the Property, or any part thereof, to cure or remedy any default with respect to the construction of the Improvements on other parts or parcels of the Property, or became of any other default in or breach of the Agreement by the Redeveloper or such successor, shall not apply to the part or parcel of the Property to which such certification relates. SECTION 605. CITY'S OPTION TO PAY MORTGAGE DEBT OR PURCHASE PROPERTY. In any case, where, subsequent to default or breach by the Rede- veloper (or successor in interest) under the Agreement, the holder of any mortgage on the Property or part thereof (a) has, but does not exercise, the option to construct or complete the Improvements relating to the Property or part thereof covered by its mortgage or to which it has obtained title, and such failure continues for a period of sixty (60) days after the holder has been notified or informed of the default or breach; or II -12 (b) undertakes construction or completion of the Improvements but does not complete such construction within the period as agreed upon by the City and such holder (which period shall in any event be at least as long as the period prescribed for such construction or completion in the Agreement), and such default shall not have been cured within sixty (60) days after written demand by the City so to do, the City shall (and every mortgage instrument made prior to comple- tion of the Improvements with respect to the Property by the Re- developer or successor in interest shall so provide) have the option of paying to the holder the amount of the mortgage debt and securing an assignment of the mortgage and the debt secured thereby, or, in the event ownership of the Property (or part thereof) has vested in such holder by way of foreclosure or action in lieu thereof, the City shall be entitled, at its option, to a conveyance to it of the Property or part thereof (as the case may be) upon payment to such holder of an amount equal to the sum of: (i) the mortgage debt at the time of foreclosure or action in lieu thereof (less all appropriate credits, including those resulting from collection and application of rentals and other income received during foreclosure proceedings); (ii) all expenses with respect to the foreclosure; (iii) the net expense, if any (exclusive of general overhead), incurred by such holder in and as a direct result of the subsequent management of the Property; (iv) the costs of any Improve- ments made by such holder; and (v) an amount equivalent to the interest that would have accrued on the aggregate of such amounts had all such amounts become part of the mortgage debt and such debt had continued in existence. SECTION 606. CITY'S OPTION TO CURE MORTGAGE DEFAULT. In the event of a defau t or breach prior to the completion of the Improvements by the Redeveloper, or any successor in interest, in or of any of its obligations under, and to the holder of, any mortgage or other instrument creating an encumbrance or lien upon the Property or part thereof, the City may at its option cure such default or breach, in which cases the City shall be entitled, in addition to and without limitation upon any other rights or remedies to which it shall be entitled by the Agreement, operation of law, or other- wise, to reimbursement from the Redeveloper or successor in interest of all costs and expenses incurred by the City in curing such default or breach and to a lien upon the Property (or the part thereof to which the mortgage, encumbrance, or lien relates) for such reimbursement: Provided, that any such lien shall be subject always to the lien of including any lien contemplated, because of advances yet to be made, by) any then existing mortgages on the Property authorized by the Agreement. SECTION 607. MORTGAGE AND HOLDER. For the purposes of the Agreement: The term "mortgage" shall include a deed of trust or other instrument creating an encumbrance or lien upon the Property, or any part thereof, as security for a loan. The term "holder" in reference to a mortgage shall include any insurer or guarantor of any obligation II -13 or condition so ed by such mortgage or deed o- ust, including, but not limited to, the Federal Housing Commissioner, the Admin- istrator of Veterans Affairs, and any successor in office of either such official. ARTICLE VII. REMEDIES SECTION 701. IN GENERAL. Except as otherwise provided in the Agree- ment, in the event of any default in or breach of the Agreement, or any of its terms or conditions, by either party hereto, or any successor to such party, such party (or successor) shall, upon written notice from the other, proceed immediately to cure or remedy such default or breach, and, in any event, within sixty (60) days after receipt of such notice. In case such action is not taken or not diligently pursued, or the default or breach shall not be cured or remedied within a reasonable time, the aggrieved party may institute such proceedings as may be necessary or desirable in its opinion to cure and remedy such default or breach, including, but not limited to, proceedings to compel specific performance by the party in default or breach of its obligations. ON 702. TERMINATION BY REDEVELOPER PRIOR TO CONVEYANCE. In the event that the City does not tender conveyance of the Property, or possession thereof, in the manner and condition, and by the date, provided in this Agreement, and any such failure shall not be cured within sixty (60) days after the date of written demand by the Redeveloper, and the City is unable to demonstrate, to the rea- sonable satisfaction of the Redeveloper that the defects, cloud, or other deficiencies in or on title involved, or the part of the property to which it relates, is of such nature that the Rede- veloper will not be hampered or delayed in the construction of the improvements by taking title and possession subject to such defects, the City will refund to the Developer any good faith deposit tendered by the Redeveloper for such property or the portion of said good faith deposit reasonable allocable to the portion of the property not conveyed and this agreement with respect to the property not conveyed shall be terminated,provided, it is hereby expressly agreed that in the event this agreement is terminated pursuant to this Section each party to this agreement shall be solely responsible for all expenses incurred or obligated by it and shall have no claim against the other party. SECTION 703. TERMINATION BY CITY PRIOR TO CONVEYANCE. In the event that prior to conveyance of the Property to t e Redeveloper, the Redeveloper is in violation of Section 502 of Part II of this Agreement or the Redeveloper does not pay the Purchase Price and take title to the Property upon tender of conveyance by the City pursuant to this Agreement, or the Redeveloper fails to cure any default or failure within thirty (30) days from the date of written demand by the City, then this Agreement, and any rights of the Redeveloper, or any assignee or transferee, in this Agreement, or arising therefrom with respect to the City or the Property, shall, at the option of the City, be terminated by the City, in which event, as provided in Paragraph C, Section 3 of Part I hereof, the II -14 Deposit or any portion thereof may be retained by the City as liquidated damages and as its property without any deduction, offset, or recoupment whatsoever, and neither the Redeveloper (or assignee or transferee) nor the City shall have any further rights against or liability under this Agreement to the other in respect to the property or part thereof for which the deposit has been retained. SECTION 704. REVESTING TITLE IN CITY SUBSEQUENT TO CONVEYANCE TO REDEVELOPER. In the event that subsequent to conveyance of the Property or any part thereof to the Redeveloper and prior to completion of the Improvements as certified by the City (a) the Redeveloper does not submit plans as required by the Agreement in satisfactory form and in the manner and by the dates respectively provided in this Agreement; or (b) the Redeveloper (or successor in interest) shall default in or violate its obligations with respect to the construction of the Improvements (including the nature and the dates of for the beginning and completion thereof), or shall abandon or substantially suspend construction work, and any such default, violation, abandonment, or suspension shall not be cured, ended, or remedied within ninety (90) days after written demand by the City; or (c) the Redeveloper (or successor in interest) shall fail to pay real estate taxes or assessments on the Property or any part thereof when due, or shall place thereon any encumbrance or lien unauthorized by the Agreement, or shall suffer any levy or attachment to be made, or any materialmen's or mechanics' lien, or any other unauthorized encumbrance or lien to attach, and such taxes or assessments shall not have been paid, or the encumbrance or lien removed or discharged or provision satis- factory to the City made for such payment, removal, or discharge, within ninety (90) days after written demand by the City; or (d) the Redeveloper violates the provision of Section 502 of Part II of this Agreement and such violation shall not be cured within sixty (60) days after written demand by the City to the Redeveloper, then the City shall have the right to re-enter and take possession of the Property and all Improvements located thereon and to terminate (and revest in the City) the property conveyed by the Deed to the Redeveloper, it being the intent of this provision, together with other provisions of the Agreement, that the conveyance of the Property to the Redeveloper shall be made upon, and that the Deed shall contain, a condition subsequent to the effect that in the event of any default, failure, violation, or other action or inaction by the Redeveloper specified in subdivisions (a), (b), (c) and (d) of this Section 704, failure on the part of the Redeveloper to remedy, end, or abrogate such default, failure, violation, or other action or inaction, within the period and in the manner stated in such subdivisions, the City at its option may declare a termination in favor of the City of the title, and of all the rights and interests in and to the Property conveyed by the Deed to the Redeveloper and Improvements constructed thereon, and that such title and all rights and interests of the Redeveloper, and any assigns or suc- cessors in interest to and in the Property and any Improvements constructed thereon, shall revert to the City: Provided, that such condition subsequent and any revesting of title as a result thereof in the City (1) shall always be subject to and limited by, and shall not defeat, render invalid, or limit in any way, (i) the lien of any mortgage authorized by the Agreement, and (ii) any rights or interests provided in the Agreement for the protection of the holders of such mortgages; and (2) shall not apply to individual parts or parcels of the Property (or, in the case of parts or parcels leased, the leasehold interest) on which the Improvements to be constructed thereon have been completed in accordance with the Agreement and for which a certificate of completion is issued therefor as provided in Section 305 hereof. In addition to and without in any way limiting the City's right to re-entry as provided for in this Section, the City shall have the right to retain the Deposit or any portion thereof, as provided in Paragraph C, Section 3 of Part I hereof, without any deduction, offset or recoupment what- soever, in the event of a default, violation or failure of the Redeveloper as specified in this Section. SECTION 705. RESALE OF REACQUIRED PROPERTY; DISPOSITION OF PROCEEDS. Upon the revesting in t e City of title to the Property and any Improvements thereon, or any part thereof as provided in Section 704, the City shall, pursuant to its responsibilities under State law, use its best efforts to resell the Property or part thereof (subject to such mortgage liens and leasehold interests as in Section 704 set forth and provided) as soon and in such manner as the City shall find feasible and consistent with the objective of making or completing the Improvements or such other improvements in their stead as shall be satisfactory to the City and in accordance with the uses specified for such Property or part thereof in the Urban Renewal Plan. Upon such resale of the Property, the proceeds thereof shall be applied: (a) First, to reimburse the City, on its own behalf, for all costs and expenses incurred by the City, including but not limited to salaries of personnel, in connection with the recapture, management, and resale of the Property or part thereof (but less any income derived by the City from the Property or part thereof in connection with such management); all taxes, assessments, and water and sewer charges with respect to the Property or part thereof (or, in the event the Property is exempt from taxation or assessment or such charges during the period of ownership thereof by the City, the amount, if paid, equal to such taxes, assessments, or charges (as determined by the City assessing official) as would have been payable if the Property or part thereof at the time of revesting of title II -16 thereto in the City or to discharge or prevent from attaching or being made any subsequent encumbrances or liens due to obligations, defaults, or acts of the Redeveloper, its successors or transferees; any expenditures made or obligations incurred with respect to the making or completion or removal of the Improvements or any part thereof on the Property or part thereof; and any amounts otherwise owing the City by the Redeveloper and its successor or transferee; and (b) Second, to reimburse the Redeveloper, its successor or trans- feree, up to the amount amount equal to (1) the sum of the purchase price paid by it for the Property (or allocable to the part thereof) and the cash actually invested by it in making any of the Improvements on the Property or part thereof, unless (2) any gains or income withdrawn or made by it from the Agreement or the Property. Any balance remaining after such reimbursements shall be retained by the City as its property. ECTION 706. OTHER RIGHTS AND REMEDIES OF CITY; NO WAIVER BY DELAY. The City sha have the right to institute such actions or proceed- ings as it may deem desirable for effectuating the purposes of this Article VII, including also the right to execute and record or file among the public land records in the office in which the Deed is recorded a written declaration of the termination of all the right, title, and interest of the Redeveloper, and (except for such individual parts or parcels upon which construction of that part of the Improvements required to be constructed thereon has been completed, in accordance with the Agreement, and for which a certi- ficate of completion as provided in Section 305 hereof is to be delivered, and subject to such mortgage liens and leasehold interests as provided in Section 704 hereof) its successors in interest and assigns, in the Property, and the revesting of title thereto in the City: Provided, that any delay by the City in instituting or prosecuting any such actions or proceedings or otherwise asserting its rights under this Article VII shall not operate as a waiver of such rights or to deprive it of or limit such rights in any way (it being the intent of this provision that the City should not be constrained (so as to avoid the risk of being deprived of or limited in the exercise of the remedy provided in this Section because of concepts of waiver, laches, estoppel, or otherwise) to exercise such remedy at a time when it may still hope otherwise to resolve the problems created by the default involved); nor shall any waiver in fact made by the City with respect to any specific default by the Redeveloper under this Section be considered or treated as a waiver of the rights of the City with respect to any other defaults by the Redeveloper under this Section or with respect to the particular default except to the extent specifically waived in writing. II -17 ON 707. IMPOSSIBILITY OF PERFORMANCE BY CITY PRIOR TO CONVEYANCE OF PROPERTY. Should at any time prior to the conveyance of title to any Property under this Agreement, the City of Iowa City, Iowa be enjoined from such conveyance or prevented from so doing by any order or decision or act of any judicial, legislative or executive body having authority in the premises, the City at its option may terminate this Agreement and any obligations incurred by either party shall cease. In the event of such termination, the City shall not be responsible for any damages, expenses or costs incurred by the Redeveloper by reason of such termination. It is further agreed and understood that the City shall have no liability for failure to deliver title to such Property or any part thereof to the Redeveloper after making a good faith attempt to do so. SECTION 708. ENFORCED DELAY IN PERFORMANCE FOR CAUSE BEYOND CONTROL OF PARTY. For the purposes of any of the provisions of the Agreement, neither the City nor the Redeveloper, as the case may be, nor any successor in interest, shall be considered in breach of, or default in, its obligations with respect to this Agreement in the event of enforced delay in the performance of such obligations due to unfore- seeable causes beyond its control and without its fault or negligence, including, but not restricted to, acts of God, acts of the public enemy, acts of the other party, fires, floods, epidemics, quarantine restrictions, strikes, and usually severe weather or delays of subcontractors due to such causes; it being the purpose and intent of this provision that in the event of the occurrence of any such enforced delay, the time or times for performance of the obligations of the City or of the Redeveloper under this Agreement, as the case may be, shall be extended for the period of the enforced delay as determined by the City: Provided, That the party seeking the benefit of the provisions of this Section shall, within ten (10) days after the beginning of any such enforced delay, have first notified the other party thereof in writing, and of the cause or causes thereof, and requested an extension for the period of the enforced delay. SECTION 709. RIGHTS AND REMEDIES CUMULATIVE. The rights and remedies of the parties to the Agreement, whether provided by law or by the Agreement, shall be cumulative, and the exercise by either party of any one or more of such remedies shall not preclude the exercise by it, at the same or different times, of any other such remedies for the same default or breach or of any of its remedies for any other default or breach by the other party. No waiver made by either such party with respect to the performance, or manner or time thereof, or any obligation of the other party or any condition to its own obligation under the Agreement shall be considered a waiver of any rights of the party making the waiver with respect to th-, particular obligation of the other party or condition to its own obligation beyond those expressly waived in writing and to the extent thereof, or a waiver in any respect in regard to any other rights of the party making the waiver or any other obligations of the other party. II -18 • SECTION 710. PARTY IN POSITION OF SURETY WITH RESPECT TO OBLI The Redeveloper, for itself and its successors and assigns, and fo all other persons who are or who shall become, whether by express or implied assumption or otherwise, liable upon or subject to any obligation or burden under the Agreement, hereby waives, to the fullest extent permitted by law and equity, any and all claims or defenses otherwise available on the ground of its (or their) being or having become a person in the position of a surety, whether real, personal, or otherwise or whether by agreement or operation of law, including, without limitation on the generality of the foregoing, any and all claims and defenses based upon extension of time, indulgence, or modification of terms of contract. ARTICLE VIII. MISCELLANEOUS CONFLICT OF INTERESTS; CITY REPRESENTATIVES NOT INDIVID L)I�IABLE. No member, official, or employee of the City shall have any personal interest as defined in Chapter 403, Code of Iowa 1977, direct or indirect, in the Agreement, nor shall any such member, offical, or employee participate in any decision relating to the Agreement which affects his personal interests or the interests of any corporation, partnership, or association in which he is, directly or indirectly, interested. No member, official, or employee of the City shall be personally liable to the Redeveloper, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Rede- veloper or successor or on any obligations under the terms of the Agreement. SECTION 802. EQUAL EMPLOYMENT OPPPORTUNITY. The Redeveloper, for itse f an its successors and assigns, agrees that during the construction of the Improvements provided for in the Agreement: (a) The Redeveloper will not discriminate against any employee or applicant for employment because of race, color, religion, sex, disability, sexual orientation, marital status, or national origin. The Redeveloper will take affirmative action to insure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, disability, sexual orientation, marital status, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compen- sation; and selection for training, including apprenticeship. The Redeveloper agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the City setting forth the provisions of this nondiscrimination clause. (b) The Redeveloper will, in all solicitations or advertisements for employees placed by or on behalf of the Redeveloper, state that the Redeveloper is an equal opportunity employer. 11-19 0 (c) The Redeveloper will send to each labor union or representative of workers with which the Redeveloper has a collective bargaining agreement or other contract or understanding, a notice, to be provided, advising the labor union or workers' representative of the Redeveloper's commitments under Section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (d) The Redeveloper will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (e) The Redeveloper will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor or the Secretary of Housing and Urban Development pursuant thereto, and will permit access to the Redeveloper's books, records, and accounts by the City, the Secretary of Labor for purposes in investigation to ascertain compliance with such rules, regulations, and orders. (f) In the event of the Redeveloper's noncompliance with the non- discrimination clauses of this Section, or with any of the said rules, regulations, or orders, the Agreement may be canceled, terminated, or suspended in whole or in part and the Redeveloper may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (g) The Redeveloper will include the provisions of Paragraphs (a) through (g) of this Section in every contract or purchase order, and will require the inclusion of these provisions in every subcontract entered into by any of its contractors, unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each such contractor, subcontractor, or vendor, as the case may be. The Redeveloper will take such action with respect to any construction contract, subcontract, or purchase order as the City or the Department of Housing and Urban Development may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, That in the event the Redeveloper becomes invo vl ecF in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the City or the Depart- ment of Housing and Urban Development, the Redeveloper may request the United States to enter into such litigation to protect the interests of the United States. II -20 .-' SECTION 803. PROVISIONS NOT MERGED WITH DEED. None of the provisions of the Agreement are intended to or s a 1 be merged by reason of any deed transferring title to the Property from the City to the Redeveloper or any successor in interest, and any such deed shall not be deemed to affect or impair the provisions and covenants of the Agreement. SECTION 804. TITLES OF ARTICLES AND SECTIONS. Any titles of the several parts, Articles, and Sections of the Agreement are inserted for convenience of reference only and shall be disregarded in construing or interpreting any of its provisions. II -21 ' �1%. (f ` RESOLUTION NO. 77-449 ' RESOLUTION AUTHORIZING THE SALE OF URBAN RENEWAL PROPERTY WHEREAS, the City of Iowa City, Iowa, has under date September 2, 1970, entered into a contract for loan and grant with the United States of America; and, WHEREAS, the City of Iowa City, Iowa, has undertaken pursuant to said contract an Urban Renewal Project known as the City -University Project I, Project Number Iowa R -N; and, WHEREAS, the City of Iowa City, Iowa, has received an entitlement of funds pursuant to the Housing and Community Development Act of 1974; and, WHEREAS, the City of Iowa City, Iowa, has pursuant'to the provisions of Title 24, Part 570, Section 570.801(c), of the Code of Federal Regulations, transferred Community Development Block Grant funds to said Urban Renewal Project, and transferred control of certain real property acquired in carrying out said Urban Renewal Project to the City Council of the City of Iowa City from the City Council acting as LPA, by Resolution Number 76-446, dated December 14, 1976, and by Resolution Number 77-312, dated August 9, 1977; and, WHEREAS, the City Council of Iowa City, Iowa, caused to be issued a solicitation of Offers to Purchase Land for Private Redevelopment; and, WHEREAS, Offers to Purchase Land for Private Redevelopment were received and opened by the City of Iowa City on September 15, 1977; and, WHEREAS, the City Council of the City of Iowa City is now desireous of selling disposition Parcel 82-1a to College Block Partners a Partnership NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that pursuant to the authority granted by Section 403 of the 1977 Code of Iowa and Section 570.801(c) of Part 570, Title 24, Code of Federal Regulations, the Mayor and City Clerk are hereby authorized and directed to execute, on behalf of the City of Iowa City, a contract for Sale of Land for Private Redevelopment by and between College Block Partners, a partnership and the City of Iowa City, Iowa, a copy of which contract is attached hereto and incorporated herein, such land to be sold to College Block Partners Disposition Parcel 82-1a , as more particularly described in said contract. Upon execution of the contract by the City and College Block Partners , the City Manager is authorized and directed to prepare a deed for said property and deliver the deed to College Block Partners upon receipt of payment for said property. It was moved by PpY-y,-et and seconded by -13 � � w. 9 -,r - that the Resolution as read be adopted and upon roll call there were: Res. 77-449 A AYES: NAYS —X_ — ABSENT: Passed and approved this -2- Balmer deProsse Foster Neuhauser Perret Selzer Vevera 22nd day of November ATTEST: P&L 1&�L - City C1 rk Mayor J 1977. 16 Part I of CONTRACT FOR SALE OF LAND FOR PRIVATE REDEVELOPMENT By and Between College Block Partners and The City of Iowa City, Iowa CONTRACT FOR SALE OF LAND FOR PRIVATE REDEVELOPMENT AGREEMENT, consisting of this Part I and Parts II and III annexed hereto and made a part hereof (which Parts 1, II, and III are together herinafter called "Agreement"), made on or as of the I Z day of y/ 19 77, by andbetween the City of Iowa City, Iowa, a public body corporate (which, together with any successor public body or officer hereafter designated by or pursuant to law, is hereinafter called the "City"), established pursuant to the statutes of the State of Iowa pertaining to Municipalities, Cities, Towns, and particularly Chapter 403 of the Code of Iowa as amended (hereinafter called "Urban Renewal Act") and having its office at the Civic Center in the City of Iowa City, State of Iowa, and College Block Partners, a Partnershi organized an existing under the Taws -of the State of Iowa knereinafter called "Redeveloper") and having an office for the transaction of business at Clinton Street Mall in the City of Iowa City County o o nson and State of Iowa WITNESSETH: WHEREAS., in furtherance of the objectives of the Urban Renewal Act, the City has undertaken a program for the clearance and reconstruction or rehabilitation of slum and blighted areas in the City, and in this connection is engaged in carrying out an urban renewal project (herein- after called "Project") in an area (hereinafter called the "Project Area") located in the City; and WHEREAS, as of the date of this Agreement there has been prepared and approved by the City an urban renewal plan for the Project, con- sisting of ("The Urban Renewal Plan, dated September 3, 1969, by Resolu- tion No. 2157, as amended from time to time and as it may hereafter be further amended pursuant to law, and as so constituted, is unless other- wise indicated by the context, hereinafter called "Urban Renewal Plan"), and WHEREAS, a copy of the Urban Renewal Plan as constituted on the date of the Agreement has been recorded among the land records for the place in which the Project Area is situated, namely, in the Office of the Johnson County Recorder in Book 490 at page 408, and has been filed in the Office of the Clerk of the City located at the Civic Center in the City; and WHEREAS, in order to enable the City to achieve the objectives of the Urban Renewal Plan and particularly to make the land in the Project Area available for redevelopment by private enterprise for redevelopment in accordance with the Urban Renewal Plan, both the Federal Government and the City have undertaken to provide and have provided substantial aid and assistance through a Contract for Loan and Capital Grant dated September 2, 1970, in the case of the Federal Government; and WHEREAS, pursuant to Chapter 403, Code of Iowa as amended, the City has offered to sell and the Redeveloper is willing to purchase certain real property located in the Project Area and more particularly described -1- in Schedule A annexed hereto and made a part hereof (which property as so described is hereinafter called "Property") and to redevelop the Property for and in accordance with the uses specified in the Urban Renewal Plan and in accordance with the Agreement; and WHEREAS, the City believes that the redevelopment of the Property pursuant to the Agreement, and the fulfillment generally of the Agree- ment, are in the vital and best interests of the City and the health, safety, morals, and welfare of its residents, and in accord with the public purposes and provisions of the applicable Federal, State, and local laws and requirements under which the Project has been undertaken; and WHEREAS, the City has acquired title to certain property described in Schedule A hereof: NOW, THEREFORE, in consideration of the premises and the mutual obligations of the parties hereto, each of them does hereby covenant and agree with the other as follows: SECTION 1. SALE: PURCHASE PRICE Subject to all the terms, covenants, and conditions of the Agree- ment, the City will sell the property described in Schedule A hereof to the Redeveloper for, and the Redeveloper will purchase the property from the City and pay therefore, the amounts set forth in Schedule B hereof, subject to the terms and conditions of Section 2 of this Agreement. The amounts set forth in Schedule B, hereinafter called "Purchase Price," are to be paid in cash or by certified check simultaneously with the delivery of the deeds conveying the property to the Redeveloper. SECTION 2. CONVEYANCE OF PROPERTY (a) Form of Deed. The City shall convey to the Redeveloper title to t e property by Special Warranty Deed (hereinafter called "Deed"). Such conveyance and title shall, in addition to the condition subsequently provided for in Section 704, Part II, hereof, and to all other conditions, covenants, and restric- tions set forth or referred to elsewhere in the Agreement, be subject to: (1) Such easements as it shall have been necessary, pursuant to the Urban Renewal Plan, for the City to reserve, for itself or for future dedication or grant, for sewers, drains, water and gas distribution lines, electric, telephone, and telegraph installations, rights-of-way and access, or as described or referred to in "Schedule A," description of property, attached hereto and referenced as a part hereof; (2) All conditions, covenants and restrictions contained in said Urban Renewal Plan and Part I and Part II and Part III of this Agreement. -2- (b) Time and Place for Deliver of Deeds. The City shall deliver the Dee an possession of the property to the Redeveloper upon payment of the purchase price in full upon such dates as called for in this Agreement. Conveyance shall be made at the principal office of the City and the Redeveloper shall accept such conveyance and pay to the City at such time and place the purchase price in full for each parcel delivered. (c) • Recordation of Deeds. The Redeveloper shall promptly file the Deeds for recor anon among the land records of Johnson County, Iowa. The Redeveloper shall pay all costs (including the cost of the State documentary stamp tax on the Deeds, for which stamps in the proper amount shall be affixed to the Deeds by the Redeveloper), for so recording said Deed. (d) Delivery of the Abstract. The City will furnish to the Rede- veloper in advance of the closing on each parcel, an abstract of title showing good marketable title in the City of Iowa City, Iowa, free and clear of all taxes, assessments or other encumbrances except as hereinbefore specified. The abstracts of title shall be at City expense and will be certified by a qualified abstracting company to the close of business as the closest practical date prior to the date of the deed of con- veyance. The cost of obtaining an attorney's examination of the abstracts for title opinion and/or the cost of obtaining title insurance, if required, shall be at the expense of the Redeveloper. (e) Delive�r�of Promo e�rt�. The City will deliver the property described in Schedule A hereof at the time set forth in Schedule C hereof. The Redeveloper agrees to pay for and accept title of such property as called for in this Agreement and agrees to begin development promptly on the property conveyed within the time called for in this Agreement. Failure by the Redeveloper to pay for and accept delivery of the urban renewal land as called for herein will result in forfeiture of the deposits posted with the City by the Redeveloper attributable to such property, without limiting the City as to other remedies against the Redeveloper. In the event the City is unable to deliver the property as called for in Schedule C to the Redeveloper, the Redeveloper shall have the option of rescinding the development contract only as to such parcels in default by causing a written notice to be served upon the City of the exercise of such option. Upon receipt by the City of this notice, the City shall have sixty (60) days to cure the default by tendering the property covered in the notice to the Redeveloper. If the City is unable to cure the default within the sixty (60) days as provided herein, the Redeveloper shall, at its option, stand relieved of its obligation to accept the parcel or parcels involved and the City shall, in such event, promptly refund that portion of the Redeveloper's deposit attributable to such parcels to the Redeveloper. It is expressly understood and agreed that the City shall have no other liability, direct or indirect, to the Redeveloper on account of delay or inability to deliver land to the Redeveloper as -3- called for in this Agreement and the Redeveloper's remedy in the event of default by the City in delivery of urban renewal land is hereby specifically limited to rescinding the contract as to such land as provided in this paragraph. (f) Default bZ Redeveloper. In the event the Redeveloper fails to accept delivery of and pay for one or more parcels of property, as called for in this Agreement, the City may, at its option, call the entire Agreement, or the Agreement as it applies to any part of the property, in default, serve a proper notice of forfeiture upon the Redeveloper and terminate this Agreement in its entirety except that forfeiture of this Agreement shall not relieve the Redeveloper of the obligations imposed by this Agreement as to property already delivered to the Redeveloper. SECTION 3. GOOD FAITH DEPOSIT (a) Amount. The Redeveloper has, prior to or simultaneously with t e execution of the Agreement by the City, delivered to the City a good faith deposit or a surety bond in the penal amount of One thousand three hundred-------------- Dollars, (ten percent 0 of the purchase price), in which the City is the obligee, 4ssued-by------------------------------------ a -surety eempany-regularly-engage -4R-the- 4ssuanee-Of-sue h -HR eF takings-and-en-the-14st-e€-surety-eeFRpaR#es-appreved-by-the UR}ted-States-Treasary-for-at-least-sueh-amount;-or-cash, or a certified check satisfactory to the City in the amount of One thousand three hundred ($1,300)------- Dollars, herein- after called 'Deposit, as security for the performance of the obligations of the Redeveloper to be performed prior to the return of the Deposit to the Redeveloper, or its retention by the City as liquidated damages, or its application on account of the Purchase Price, as the case may be, in accordance with the Agreement. The Deposit, if cash or certified check, shall be deposited in an account of the City in a bank or trust company selected by it. (b) Interest. The City shall be under no obligation to pay or earn interest on the Deposit, but if interest is payable thereon such interest when received by the City shall be promptly paid to the Redeveloper. (c) Retention by Com. Upon termination of the Agreement as provides iections 703 and 704 of Part II hereof, the Deposit or the proceeds of the Deposit, if not theretofore returned to the Redeveloper pursuant to Paragraph (d) of this Section, including all interest payable to such Deposit or the proceeds thereof after such termination, shall be retained by the City Agency as provided in Sections 703 and 704 of Part II hereof. MIM (d) Return to Redeveloper. Upon termination of the Agreement as provided—in Section 702 of Part II hereof, the Deposit shall be returned to the Redeveloper by the City as provided in Section 702 of Part II hereof. SECTION 4. TIME FOR COMMENCEMENT AND COMPLETION OF IMPROVEMENTS The construction of the Improvements called for in this Agreement shall be commenced and completed in accordance with Schedule D hereof (te-he-subFn4tted-by-Beve3eper-with-h*s-prepesai). Provided, that if a mortgage securing money loaned to finance the Improve- ments, or any part thereof, is insured by the Secretary of Housing and Urban Development, then the aforesaid completion time shall not apply, but instead the construction of the Improvements, or any part thereof, shall be completed within the time specified in the applicable Building Loan Agreement approved by the Secretary of Housing and Urban Development. SECTION 5. TIME FOR CERTAIN OTHER ACTIONS (a) Time for Submission of Preliminary Design Plans. The Rede- veloper shall submit Preliminary Design Pans as called for in Section 301 of Part II of this Agreement as soon as possible after the time for conveyance set forth in Schedule C hereof, and shall submit such plans in no event later than January 1, 1978 (b) Time for Submission of Construction Plans. The Redeveloper shall submit construction pans as ca ed for in Section 301 of Part II of this Agreement as soon as possible after approval of the Preliminary Design Plans by the City Council, and in no event, later than sixty (60) days prior to the time for start of construction called for in Schedule D hereof. (c) Time for Submission of Corrected Plans. In the event that Preliminary Design Plans or Construction Plans are rejected by the City, as set forth in Section 301 of Part II of this Agreement, the Redeveloper shall submit corrected plans within thirty (30) days of said rejection. (d) If any hardship shall exist in complying with the foregoing provisions of this Section, the Redeveloper may petition to the City in writing for an extension of time for performance of any part of this Section, setting forth in detail the reasons for needing such extension. SECTION 6. PERIOD OF DURATION OF COVENANT ON USE The covenants pertaining to the use of the Property, set forth in Paragraph (a) of Section 401 of Part II hereof, shall remain in effect from the date of the Deed until October 2, 1994, the period specified or referred to in the Urban Renewal Plan, and shall automatically extend for five year periods thereafter, unless changed by the City Council. W! SECTION 7. NOTICES AND DEMANDS. A notice, demand, or other communication under the Agreement by either party to the other shall be sufficiently given or delivered if it is dispatched by registered or certified mail, postage prepaid, return receipt requested, or delivered personally, and (i) in the case of the Redeveloper, is addressed to or delivered personally to the Redeveloper at College Block Partners Clinton Street Mall Iowa City, Iowa 52240 AND (ii) in the case of the City, is addressed to or delivered personally to the: City Manager Civic Center 410 E. Washington St. Iowa City, IA 52240 or at such other address with respect to either such party as that may, from time to time, designate in writing and forward to the other as provided in this Section. SECTION 8. COUNTERPARTS The Agreement is executed in three (3) counterparts, each of which shall constitute one and the same instruments. IN WITNESS WHEREOF, the City has caused the Agreement to be duly executed in its name and behalf by its Mayor and its seal to be hereunto duly affixed and attested by its City Clerk, and the Redeveloper has caused the Agreement to be duly executed in its name and behalf by its artners afid-}t�r�Or{�O1�ta-SAd•1--t6�i@-h8Y�u1lt(i-dlFl-,�-a�fixAd and-�ttte-rts-Secret:ary, on or as of the day first above written. Ila ATTEST: IL CITY CLERK ATTEST: SERET RY CITY OF IOWA CITY, IOWA BY: MAYOR q College Block Partners REDEVELOPER BY: z4ylda'� L -PLRI-IB - -7- Robert G. Barker, a General Partner STATE OF Iowa PARTNERSHIP ACKNOWLEDGEMENT :ss COUNTY OF Johnson On this a3t-�day of A.D., 19 17 , before me personally came and appeared Robert G. Barker to me known and known to me to be the person who executed the above instrument who being first duly sworn by me, which for himself deposes and says that he is a member of the firm of College Block Partners consisting of himself and Edwin J. Zastrow, Jr. and that he had authority to sign same, and he did duly acknowledge to me that he executed the same as the act and deed of said firm of College Block Partners for the uses and purposes mentioned therein. IN WITNESS WHEREOF, I have hereunto signed my name and affixed my Notarial Seal the day and year last above written. Notary Public in and for Johnson County, State of Iowa My Commission expires 150 -1 Z� in SCHEDULE A LEGAL DESCRIPTION All that certain parcel or parcels of land located in the City of Iowa City, County of Johnson, State of Iowa, more particularly described as follows, to wit: All except the east 38.50 feet of Lot 1 in Block 82, Iowa City, Johnson County, Iowa, according to the recorded plat thereof. QE PARCEL NO. 82-1a SCHEDULE B PRICE OFFERED -10- PRICE $13,000 PARCEL NO. 82-1a SCHEDULE C TIME FOR CONVEYANCE -11- DATE November 30, 1977 SCHEDULE D Improvements on the parcel listed below will commence and be completed in accordance with the following schedule: PARCEL NO. COMMENCE ESTIMATED COMPLETION 82-1a January 1, 1978 January 1, 1979 -12- Part II of CONTRACT FOR SALE OF LAND FOR PRIVATE REDEVELOPMENT By and Between COLLEGE BLOCK PARTNERS and The City of Iowa City, Iowa ARTICLE I. PREPARATION OF PROPERTY FOR REDEVELOPMENT SECTION 101. DEMOLITION AND SITE CLEARANCE. It is agreed that the City shall convey and the redeveloper shall accept the property set forth in Schedule A of this agreement AS IS and it is expressely agreed that the City makes no warranty, express or implied, regarding subsurface conditions and that the City shall have no liability for any damages arising from subsurface conditions. It is further agreed that any contracts or specifications for site demolition and clearance which may have been examined by the redeveloper were examined for information purposes only, and that the City shall assume no liability for any defects or variance from the specifications for work previously completed. SECTION 102. EXPENSES, INCOME, AND SALVAGE. All expenses, including current taxes, if any, relating to buildings or other structures demolished or to be demolished in accordance with Section 101 hereof shall be borne by, and all income or salvage received as result of the demolition of such buildings or structures shall belong to the City. ON 103. CITY'S RESPONSIBILITIES FOR CERTAIN OTHER ACTIONS. The City, without expense to the Redeveloper or assessment or claim against the property, shall cause the restriction of traffic and construction of public improvements on existing street rights-of- way, and the construction of parking structures as specifically set forth in the Urban Renewal Plan. Provided, the City reserves the right to make future modifications to the traffic circulation system and to the public improvements when such changes are deemed necessary and in the public interest, and further Provided in the event that the City, after a good faith attempt to do so, is unable to construct the parking structures due to an inability to issue revenue bonds, the City shall be without liability to the developer or the developer's assigns. (a) Installation of Public Utilities - The installation or re- location by the City or public utility company of such sewers, drains, water and gas distribution lines, electric, telephone, and telegraph lines and all other public utility lines, installations, and facilities as are necessary to be installed or relocated on or in connection with the Property by reason of the redevelopment contemplated by the Urban Renewal Plan and the development of the Property: Provided, that the City shall not be responsible for, nor bear any portion of the cost of, installing the necessary utility connections within the boundaries of the Property between the Improvements to be constructed on the Property by the Redeveloper and the water, sanitary sewer, and storm drain mains or other public utility lines owned by the City or by any public utility company within or without such boundaries, or electric, gas, telephone, or other public utility lines owned by any public utility company within or without such boundaries, and the Redeveloper shall secure any permits required for any such installation without cost or expense to the City. SECTION 104. WAI PETITIONS BY REDEVELOP The Redeveloper hereby waives kas the purcnaser OT the vroperty under the Agreement and as the owner after the conveyance of the Property provided for in the Agreement) any and all claims to awards of damages, if any, to compensate for the closing, vacation, restriction, change of restriction or change of grade of any street, alley, or other public right-of-way within or fronting or abutting on, or adjacent to, the Property which, pursuant to Section 103 hereof, is to be closed or vacated, or the grade of which is to be changed, and shall upon the request of the City subscribe to, and join with, the City in any petition or proceeding required for such vacation, dedication, change of grade, and, to the extent necessary, rezoning, and execute any waiver or other document in respect thereof. ARTICLE II. RIGHTS OF ACCESS TO PROPERTY SECTION 201. RIGHT OF ENTRY FOR UTILITY SERVICE. The City reserves for itself, the City, and any public utility company, as may be appro- priate, the unqualified right to enter upon the Property at all reasonable times for the purpose of reconstructing, maintaining, repairing, or servicing the public utilities located within the Property boundary lines and provided for in the easements described or referred to in Paragraph (a), Section 2 of Part I hereof. SECTION 202. REDEVELOPER NOT TO CONSTRUCT OVER UTILITY EASEMENTS. The Redeveloper shall not construct any building or other structure or improvement on, over, or within the boundary lines of any easement for public utilities described or referred to in Paragraph (a), Section 2 of Part I hereof, unless such construction is provided for in such easement or has been approved in writing by the City Engineer, or the authorized representative of an affected public utility. SECTION 203. ACCESS TO PROPERTY. Prior to the conveyance of the Property by the City to the Redeveloper, the City shall permit representatives of the Redeveloper to have access to any Property to which the City holds title, at all reasonable times for the purpose of obtaining data and making various tests concerning the Property necessary to carry out the Agreement. After the con- veyance of the Property by the City to the Redeveloper, the Re- developer shall permit employees, agents or representatives of the City access to the Property at all reasonable times for the pur- poses of the Agreement, including, but not limited to, inspection of all work being performed in connection with the construction of the Improvements. No compensation shall be payable nor shall any charge be made in any form by any party for the access provided for in this Section. II -2 ARTICLE III. CONSTRUCTION PLANS; CONSTRUCTION OF IMPROVEMENTS; CERTIFICATE OF COMPLETION SECTION 301. PLANS FOR CONSTRUCTION OF IMPROVEMENTS. Whenever used in this Agreement the term "preliminary design plans" shall include a site plan and preliminary plans for Improvements which clearly show the size, location, and external appearance of any structures, along with such other information as is necessary to fully deter- mine the intentions of the redeveloper. The term "construction plans" shall mean all plans, specifications, drawings, or other information required to be submitted for issuance of any permit called for by applicable codes and ordinance. The term "Improve- ments", as used in this Agreement, shall be deemed to make reference to any buildings, structures, renovations, or other improvements, as provided for and specified in this Agreement, preliminary design plans, and construction plans. The Redeveloper shall, prior to the construction of the Improve- ments called for in this Agreement, submit for approval by the City Council preliminary design plans, and such other information as is necessary for the City Council to fully determine the intentions of the redeveloper. Such plans shall be submitted no later than the time specified therefor in Paragraph (a), Section 5, of Part I hereof. It is expressly understood that the preliminary design plans shall be submitted to review by the City's Design Review Committee. Approval of such preliminary design plans by the City Council shall in no way relieve the redeveloper of the respon- sibility for obtaining all required permits and otherwise fully complying with all applicable state and local codes and ordinances. Following approval of preliminary design plans by the City Council the redeveloper shall submit construction plans and other informa- tion necessary to obtain all permits required by applicable codes and ordinances. The preliminary design plans, as defined herein, shall in any event, be deemed approved by the City Council unless rejection thereof in writing shall be set forth by the City within forty (40) days after the date of their receipt by the City Clerk. If the City so rejects such preliminary design plans in whole or in part, the Redeveloper shall submit new or corrected preliminary design plans which correct the defect set forth in the rejection, within the time specified therefor in Paragraph C, Section 5, of Part I hereof. The provisions of this section relating to approval, rejection, and resubmission of corrected preliminary design plans herein above provided with respect to the original plans shall continue to apply until the preliminary design plans have been approved by the City Council. All work with respect to the Improvements to be constructed or provided by the redeveloper on the property shall be in conformity with the preliminary design plans as approved by the City Council. Construction plans called for herein shall be consistent with and logical extensions of the preliminary design plans approved by the City Council. II -3 SECTION 302. CHANutS IN CONSTRUCTION PLANS. If the Kedeveloper desires to make any changes 5 the pre iminary design plans after their approval by the City Council, the Redeveloper shall submit the proposed change to the City Council for its approval. Changes in construction plans as defined herein, may be approved by the Department of Housing and Inspection Services, provided that such changes will not cause the Improvement to be constructed in a manner not consistent with the preliminary design plans as approved by Council. SECTION 303. COMMENCEMENT AND COMPLETION OF CONSTRUCTION OF IMPROVEMENTS. The Redeveloper agrees for itself, its successors and assigns, and every successor in interest to the Property, or any part thereof, and the Deed shall contain covenants on the part of the Redeveloper for itself and such successors and assigns, that the Redeveloper, and such successors and assigns, shall promptly begin and diligently pursue to completion the redevelopment of the Property through the construction of the Improvements thereon, and that such construction shall in any event be begun within the period specified in Section 4 of Part I hereof and be completed within the period specified in such Section 4. It is intended and agreed, and the Deed shall so expressly provide, that such agreements and covenants shall be covenants running with the land and that they shall, in any event, and without regard to technical classification or designation, legal or otherwise, and except only as otherwise specifically provided in the Agreement itself, be, to the fullest extent permitted by law and equity, binding for the benefit of the community and the City and enforceable by the City against the Redeveloper and its successors and assigns to or of the Property or any part thereof or any interest therein. SECTION 304. PROGRESS REPORTS. Subsequent to conveyance of the Property, or any part thereof, to the Redeveloper, and until construction of the Improvements has been completed, as set forth in Section 305 hereof, the Redeveloper shall make reports, set forth the status of Improvements, construction schedule, and such other information as may reasonably be requested by the City, as to the actual progress of the Redeveloper with respect to such construction. SECTION 305. CERTIFICATE OF COMPLETION. (a) Within thirty (30) days after completion of the Improvements in accordance with those provisions of the Agreement relating solely to the obligations of the Redeveloper to construct the Improvements (including the dates for beginning and completion thereof), the City will furnish the Redeveloper with an appro- priate instrument so certifying. Such certification by the City shall be (and it shall be so provided in the Deed and in the certification itself) a conclusive determination of satis- faction and termination of the agreements and covenants in the dates for the beginning and completion thereof: Provided, II -4 that if there is upon the Property a mortgage insured, or held or owned, by the Federal Housing Administration and the Federal Housing Administration shall have determined that all buildings constituting a part of the Improvements and covered by such mortgage are, in fact, substantially completed in accordance with the plans and are ready for occupancy, then, in such event, the City and the Redeveloper shall accept the deter- mination of the Federal Housing Administration as to such completion of the construction of the Improvements in accor- dance with the plans, and, if the other agreements and covenants in the Agreement obligating the Redeveloper in respect of the construction and completion of the Improvements have been fully satisfied, the City shall forthwith issue its certifi- cation provided for in this Section. Such certification and such determination shall not constitute evidence of compliance with or satisfaction of any obligation of the Redeveloper to any holder of a mortgage, or any insurer of a mortgage, securing money loaned to finance the Improvements, or any part thereof. (b) With respect to such individual parts or parcels of the Property which, if so provided in Part I hereof, the Redeveloper may convey or lease as the Improvements to be constructed thereon are completed, the City will also, upon proper completion of the Improvements relating to any such part or parcel, furnish the Redeveloper with an appropriate instrument, certifying that such Improvements relating to any such part or parcel have been made in accordance with the provisions of the Agree- ment. Such certification shall mean and provide (1) that any party purchasing or leasing such individual part or parcel pursuant to the authorization herein contained shall not (because of such purchase or lease) incur any obligation with respect to the construction of the Improvements relating to such part or parcel or to any other part or parcel of the Property; and (2) that neither the City nor any other party shall thereafter have or be entitled to exercise with respect to any such individual part or parcel so sold (or, in the case of lease, with respect to the leasehold interest) any rights or remedies or controls that it may otherwise have or be entitled to exercise with respect to the construction of Improvements as called for herein. (c) Each certification provided for in this Section shall be in such form as will enable it to be recorded in the proper office for the recordation of deeds and other instruments pertaining to the Property, including the Deed. If the City shall refuse or fail to provide any certification in accor- dance with the provisions of this Section, the City shall, within thirty (30) days after written request by the Rede- veloper, provide the Redeveloper with a written statement, indicating in adequate detail in what respects the Redeveloper has failed to complete the Improvements in accordance with the provisions of the Agreement, or is otherwise in default, and what measures or acts it will be necessary, in the opinion of the City, for the Redeveloper to take or perform in order to obtain such certification. II -5 ARTICLE _.. RESTRICTIONS UPON USE OF PI_ QTY SECTION 401. RESTRICTIONS ON USE. The Redeveloper agrees for itself, and its successors and assigns, and every successor in interest to the Property, or any part thereof, and the Deed shall contain covenants on the part of the Redeveloper for itself, and such successors and assigns, that the Redeveloper, and such successors and assigns, shall: (a) Devote the Property to, and only to and in accordance with, the uses specified in the Urban Renewal Plan; and (b) Not discriminate upon the basis of race, color, creed, religion, age, disability, sex or national origin in the sale, lease, or rental or in the use or occupancy of the Property or any improvements erected or to be erected thereon, or any part thereof. (c) All advertising (including signs) for sale and/or rental of the whole or any part of the Property shall include the legend, "An Open Occupancy Building" in type or lettering of easily leqible size and design. The word "Project" or "Development" may be substituted for the word "Building" where circumstances require such substitution. (d) Comply with the regulations issued by the Secretary of Housing and Urban Development set forth in 37 F.R. 22732-3 and all applicable rules and orders issued thereunder which prohibit the use of lead-based paint in residential structures under- going federally -assisted construction or rehabilitation and require the elimination of lead-based paint hazards. SECTION 402. COVENANTS: BINDING UPON SUCCESSORS IN INTERESTS: PERIOD OF DURATION. It is intended and agreed, and the Deed shall so expressly provide-, that the agreements and covenants provided in Section 401 hereof shall be covenants running with the land and that they shall, in any event, and without regard to technical classification or designation, legal or otherwise, and except only as otherwise specifically provided in the Agreement, be binding, to the fullest extent permitted by law and equity, for the benefit and in favor of, and enforceable by, the City, its successors and assigns, any successor in interest to the Property, or any part thereof, and the United States (in the case of the covenant provided in subdivision (b) of Section 401 hereof), against the Redeveloper, its successors and assigns and every successor in interest to the Property, or any part thereof or any interest therein, and any party in possession or occupancy of the Property or any part thereof. It is further intended and agreed that the agreement and covenant provided in subdivision (a) of Section 401 hereof shall remain in effect for the period of time, or until the date, specified or referred to in Section 6 of Part I hereof (at which time such agreement and covenant shall terminate) and that the agreements and covenants provided in II -6 subdivision ( if Section 401 hereof shall re i in effect without limitation as to time: Provided, that such agreements and covenants shall be binding on the Redeveloper itself, each successor in interest to the Property, and every part thereof, and each party in possession or occupancy, respectively, only for such period as such successor or party shall have title to, or an interest in, or possession or occupancy of, the Property or part thereof. The terms "uses specified in the Urban Renewal Plan" and "land use" referring to provisions of the Urban Renewal Plan, or similar language, in the Agreement shall include the land and all building, housing, and other requirements or restrictions of the Urban Renewal Plan pertaining to such land. SECTION 403. CITY AND UNITED STATES RIGHTS TO ENFORCE. In amplifica- tion, and not in restriction of, the provision of the preceding Section, it is intended and agreed that the City and its successors and assigns shall be deemed beneficiaries of the agreements and covenants provided in Section 401 hereof, and the United States shall be deemed a beneficiary of the covenant provided in sub- division (b) of Section 401 hereof, both for and in their or its own right and also for the purposes of protecting the interests of the community and other parties, public or private, in whose favor or for whose favor or for whose benefit such agreements and covenants have been provided. Such agreement and covenants shall (and the Deed shall so state) run in favor of the City and the United States, for the entire period during which such agreements and covenants shall be in force and effect, without regard to whether the City or the United States has at any time been, remains, or in an owner of any land or interest therein to or in favor of which such agreements and covenants relate. The City shall have the right, in the event of any breach of any such agreement or covenant, and the United States shall have the right in the event of any breach of the covenant provided in subdivision (b) of Section 401 hereof, to exercise all the rights and remedies, and to maintain any actions or suits at law or in equity or other proper proceedings to enforce the curing of such breach of agreement or covenant, to which it or any other beneficiaries of such agreement or covenant may be entitled. ARTICLE V. PROHIBITIONS AGAINST ASSIGNMENT AND TRANSFER SECTION 501. REPRESENTATIONS AS TO REDEVELOPMENT. The Redeveloper represents and agrees that its purchase of the Property, and its other undertakings pursuant to the Agreement, are, and will be used, for the purpose of the redevelopment of the Property and not for speculation in land holding. The Redeveloper further recognizes that, in view of (a) the importance of the redevelopment of the Property to the general welfare of the community; (b) the substantial financing and other public aids that have been made available by law and by the Federal and local Governments for the purpose of making such redevelopment possible; and (c) the fact that a transfer of the stock in the Redeveloper or of a substantial part thereof, or any other act or transaction II -7 SECTI involving or resulting in a significant change in the owner- ship or distribution of such stock or with respect to the identity of the parties in control of the Redeveloper or the degree thereof, is for practical purposes a transfer or disposition of the Property then owned by the Redeveloper, the qualifications and identity of the Redeveloper, and its stock- holders, are of particular concern to the community and the City. The Redeveloper further recognizes that it is because of the recog- nition of such qualifications and identity that the City is entering into the Agreement with the Redeveloper, and, in so doing, the City is further willing to accept and rely on the obligations of the Redeveloper for the faithful performance of all undertakings and covenants in the Agreement. IBITION AGAINST TRANSFER [IM REDEVELOPER. For the foregoing reasons, the Redeveloper agrees for itself, and all persons holding an interest therein, their heirs, successors and assigns that there shall be no change or transfer of ownership or control by any person or combination of persons owning or controlling ten (10) percent or more interest in the Redeveloper through sale, assignment, merger, increased, capitalization or by any other means, without the express written approval of the City. With respect to this provision, the Rede- veloper and the parties signing the Agreement on behalf of the Redeveloper represent that they have the authority of all persons holding interest therein to agree to this provision on their behalf and to bind them with respect thereto. ON 503. PROHIBITION AGAINST TRANSFER OF PROPERTY AND ASSIGNMENT OF AGREEMENT. Also, for the foregoing reasons the Redeveloper represents and agrees for itself, and its successors and assigns, that: (a) Except only (1) by way of security for, and only for, (i) the purpose of obtaining financing necessary to enable the Redeveloper or any successor in interest to the Property, or any part thereof, to perform its obligations with respect to making the Improvements under the Agreement, and (ii) any other purpose authorized by the Agreement, and (2) as to any individual parts or parcels of the Property on which the Improvements to be constructed thereon have been completed, and which, by the terms of the Agreement, the Redeveloper is authorized to convey or lease as such Improvements are completed, the Redeveloper (except as so authorized) has not made or created, and that it will not, prior to the proper completion of the Improve- ments as certified by the City, make or create, or suffer to be II -8 made or created, any total or partial sale, assignment, conveyance, or lease, or any trust or power, or transfer in any other mode or form of or with respect to the Agreement or the Property, or any part thereof or any interest therein, or any contract or agreement to do any of the same, without the prior written approval of the City: Provided, that prior to the issuance by the City of the certificate provided by in Section 306 hereof as to completion of construction of the Improvements, the Redeveloper may enter into any agreement to sell, lease, or otherwise transfer, after the issuance of such certificate, the Property or any part thereof or interest therein, which agreement shall not provide for payment of or on account of the purchase price or rent for the Property, or the part thereof or the interest therein to be so transferred, prior to the issuance of such certificate. (b) The City shall be entitled to require, except as otherwise provided in the Agreement, as conditions to any such approval that: (1) Any proposed transferee shall have the qualifications and financial responsibility, as determined by the City, necessary and adequate to fulfill the obligations under- taken in the Agreement by the Redeveloper (or, in the event the transfer is of or relates to part of the Property, such obligations to the extent that they relate to such part). (2) Any proposed transferee, by instrument in writing satis- factory to the City and in form recordable among the land records, shall, for itself and its successors and assigns, and expressly for the benefit of the City, have expressly assumed all of the obligations of the Redeveloper under the Agreement and agreed to be subject to all the condi- tions and restrictions to which the Redeveloper is sub- ject (or, in the event the transfer is of or relates to part of the Property, such obligations, conditions, and restrictions to the extent that they relate to such part): Provided, that any instrument or agreement which purports to transfer any interest whatsoever caused by this agreement without the express written approval of the City, is null and void. (3) There shall be submitted to the City for review all instruments and other legal documents involved in effecting transfer; and if approved by the City, its approval shall be indicated to the Redeveloper in writing. (4) The consideration payable for the transfer by the trans- feree or on its behalf shall not exceed an amount repre- senting the actual cost (including carrying charges) to the Redeveloper of the Property (or allocable to the part thereof or interest therein transferred) and the Improve- ments, if any, theretofore made thereon by it; it being the intent of this provision to preclude assignment of the Agreement or transfer of the Property for profit II -9 pric ) the issuance of the certific of completion as set forth in Section 306 of this Agreement. The City shall be entitled to increase the Purchase Price to the Redeveloper by the amount that the consideration payable for the assignments or transfer is in excess of the amount that may be authorized pursuant to this sub- division (4), and such consideration shall, to the extent it is in excess of the amount so authorized, belong to and forthwith be paid to the City. (5) The Redeveloper and its transferee shall comply with such other conditions as the City may find desirable in order to achieve and safeguard the purposes of the Urban Renewal Act and the Urban Renewal Plan. Provided, that in the absence of specific written agreement by the City to the contrary, no such transfer or approval by the City thereof shall be deemed to relieve the Redeveloper, or any other party bound in any way by the Agreement or otherwise with respect to the construction of the Improvements, from any of its obli- gations with respect thereto. SECTION 504. INFORMATION AS TO HOL order to assist in the effectu V and the statutory objectives that during the period between completion of the Improvements ERS OF INTEREST IN REDEVELOPER. In tion of the purposes of this Article generally, the Redeveloper agrees execution of the Agreement and as certified by the City, (a) the Redeveloper will promptly notify the City of any and all changes whatsoever in the ownership or control of interest, legal or beneficial, or of any other act or transaction involving or resulting in any change in the ownership of such interest or in the relative distribution thereof, or with respect to the identity of the parties in control of the Redeveloper or the degree thereof, of which it or any of its officers have been notified or otherwise have knowledge or information; and (b) the Redeveloper shall at such time or times as the City may request, furnish the City with a complete statement, sub- scribed and sworn to by the President or other executive officer of the Redeveloper, setting forth all of the holders of interest in the Redeveloper and the extent of their re- spective holdings, and in the event any other parties have a beneficial interest in such holdings their names and the extent of such interest, all as determined or indicated by the records of the Redeveloper, any specific inquiry made by any such officer, of all parties who on the basis of all such records own ten (10) percent or more of the interest in the Redeveloper, and by such other knowledge or information as such officer shall have. Such lists, data, and information shall in any event be furnished the City immediately prior to the delivery of the Deed to the Redeveloper and as a condition precedent thereto, and annually thereafter on the anniversary of the date of the Deed until the issuance of a certificate of completion of all the Property. II -10 ARTICLE VI. MORTGAGE FINANCING; RIGHTS OF MORTGAGEES SECTION 601. LIMITATION UPON ENCUMBRANCE OF PROPERTY. Prior to the completion of the Improvements, as certified by the City, neither the Redeveloper nor any successor in interest to the Property or any part thereof shall engage in any financing or any other trans- action creating any mortgage or other encumbrance or lien upon the Property, whether by express agreement or operation of law, or suffer any encumbrance or lien to be made on or attach to the Property, except for the purposes of obtaining (a) funds only to the extent necessary for making the Improvements, and (b) such additional funds, if any, in an amount not to exceed the Purchase Price paid by the Redeveloper to the City. The Redeveloper (or successor in interest) shall notify the City in advance of any financing, secured by mortgage or other similar lien instrument, it proposes to enter into with respect to the Property, or any part thereof, and in any event it shall promptly notify the City of any encumbrance or lien that has been created on or attached to the Property, whether by voluntary act of the Redeveloper or otherwise. For the purposes of such mortgage financing as may be made pursuant to the Agreement, the Property may, at the option of the Redeveloper (or successor in interest), be divided into several parts or parcels, provided that such subdivision, in the opinion of the City, is not inconsistent with the purposes of the Urban Renewal plan and the Agreement and is approved in writing by the City. SECTION 602. MORTGAGEE NOT OBLIGATED TO CONSTRUCT. Notwithstanding any of the provisions of the Agreement, including but not limited to those which are or are intended to be covenants running with the land, the holder of any mortgage authorized by the Agreement (includ- ing any such holder who obtains title to the Property or any part thereof as a result of foreclosure proceedings, or action in lieu thereof, but not including (a) any other party who thereafter obtains title to the Property or such part from or through such holder, or (b) any other purchaser at foreclosure sale other than the holder of the mortgage itself) shall in no wise be obligated by the provisions of the Agreement to construct or complete the Improve- ments or to guarantee such construction or completion; nor shall any covenant or any other provision in the Deed be construed to so obligate such holder: Provided, that nothing in this Section or any other Section or provision of the Agreement shall be deemed or construed to permit or authorize any such holder to devote the Property or any part thereof to any uses, or to construct any improvements thereon, other than those uses or improvements provided or permitted in the Urban Renewal Plan and in the Agreement. SECTION 603. COPY OF NOTICE OF DEFAULT TO MORTGAGEt. Whenever the City shall deliver any notice or demand to the Redeveloper with respect to any breach or default by the Redeveloper in its obligations or covenants under the Agreement, the City shall at the same time forward a copy of such notice or demand to each holder of any mortgage authorized by the Agreement at the last address of such holder shown in the records of the City. SECTION 604. MORTGAGEE'S OPTION TO CURE DEFAULTS. After any breach or default referred to in Section 603 ereo , each such holder shall (insofar as the rights of the City are concerned) have the right, at its option, to cure or remedy such breach or default (or such breach or default to the extent that it relates to the part of the Property covered by its mortgage) and to add the cost thereof to the mortgage debt and the lien of its mortgage: Provided, that if the breach or default is with respect to construction of the Improvements, nothing contained in this Section or any other Section of the Agreement shall be deemed to permit or authorize such holder, either before or after foreclosure or action in lieu thereof, to undertake or continue the construction or completion of the Improvements (beyond the extent necessary to conserve or protect Improvements or construction already made) without first having expressly assumed the obligation to the City, by written agreement satisfactory to the City, to complete, in the manner provided in the Agreement, the Improvements on the Property or the part thereof to which the lien or title of such holder relates. Any such holder who shall properly complete the Improvements relating to the Property or applicable part thereof shall be entitled, upon written request made to the City, to a certification or certifications by the City to such effect in the manner provided in Section 305 of the Agreement, and any such certification shall, if so requested by such holder mean and provide that any remedies or rights with respect to recapture of or reversion or revesting of title to the Property that the City shall have or be entitled to because of failure of the Redeveloper or any successor in interest to the Property, or any part thereof, to cure or remedy any default with respect to the construction of the Improvements on other parts or parcels of the Property, or became of any other default in or breach of the Agreement by the Redeveloper or such successor, shall not apply to the part or parcel of the Property to which such certification relates. SECTION 605. CITY'S OPTION TO PAY MORTGAGE DEBT OR PURCHASE PROPERTY. In any case, where, subsequent to default or breach by the Rede- veloper (or successor in interest) under the Agreement, the holder of any mortgage on the Property or part thereof (a) has, but does not exercise, the option to construct or complete the Improvements relating to the Property or part thereof covered by its mortgage or to which it has obtained title, and such failure continues for a period of sixty (60) days after the holder has been notified or informed of the default or breach; or (b) undertakes construction or completion of the Improvements but does not complete such construction within the period as agreed upon by the City and such holder (which period shall in any event be at least as long as the period prescribed for such construction or completion in the Agreement), and such default shall not have been cured within sixty (60) days after written demand by the City so to do, the City shall (and every mortgage instrument made prior to comple- tion of the Improvements with respect to the Property by the Re- developer or successor in interest shall so provide) have the option of paying to the holder the amount of the mortgage debt and securing an assignment of the mortgage and the debt secured thereby, or, in the event ownership of the Property (or part thereof) has vested in such holder by way of foreclosure or action in lieu thereof, the City shall be entitled, at its option, to a conveyance to it of the Property or part thereof (as the case may be) upon payment to such holder of an amount equal to the sum of: (i) the mortgage debt at the time of foreclosure or action in lieu thereof (less all appropriate credits, including those resulting from collection and application of rentals and other income received during foreclosure proceedings); (ii) all expenses with respect to the foreclosure; (iii) the net expense, if any (exclusive of general overhead), incurred by such holder in and as a direct result of the subsequent management of the Property; (iv) the costs of any Improve- ments made by such holder; and (v) an amount equivalent to the interest that would have accrued on the aggregate of such amounts had all such amounts become part of the mortgage debt and such debt had continued in existence. SECTION 606. CITY'S OPTION TO CURE MORTGAGE DEFAULT. In the event of a default—or breach prior to the completion of the Improvements by the Redeveloper, or any successor in interest, in or of any of its obliqations under, and to the holder of, any mortgage or other instrument creating an encumbrance or lien upon the Property or part thereof, the City may at its option cure such default or breach, in which cases the City shall be entitled, in addition to and without limitation upon any other rights or remedies to which it shall be entitled by the Agreement, operation of law, or other- wise, to reimbursement from the Redeveloper or successor in interest of all costs and expenses incurred by the City in curing such default or breach and to a lien upon the Property (or the part thereof to which the mortgage, encumbrance, or lien relates) for such reimbursement: Provided, that any such lien shall be subject always to the lien ofinc uding any lien contemplated, because of advances yet to be made, by) any then existing mortgages on the Property authorized by the Agreement. SECTION 607. MORTGAGE AND HOLDER. For the purposes of the Agreement: The term "mortgage" shall include a deed of trust or other instrument creating an encumbrance or lien upon the Property, or any part thereof, as security for a loan. The term "holder" in reference to a mortgage shall include any insurer or guarantor of any obligation or condition s ed by such mortgage or deed o ust, including, but not limited to, the Federal Housing Commissioner, the Admin- istrator of Veterans Affairs, and any successor in office of either such official. ARTICLE VII. REMEDIES SECTION 701. IN GENERAL. Except as otherwise provided in the Agree- ment, in the event of any default in or breach of the Agreement, or any of its terms or conditions, by either party hereto, or any successor to such party, such party (or successor) shall, upon written notice from the other, proceed immediately to cure or remedy such default or breach, and, in any event, within sixty (60) days after receipt of such notice. In case such action is not taken or not diligently pursued, or the default or breach shall not be cured or remedied within a reasonable time, the aggrieved party may institute such proceedings as may be necessary or desirable in its opinion to cure and remedy such default or breach, including, but not limited to, proceedings to compel specific performance by the party in default or breach of its obligations. TERMINATION BY REDEVELOPER PRIOR TO CONVEYANCE. In the event that the City does not tender conveyance of the Property, or possession thereof, in the manner and condition, and by the date, provided in this Agreement, and any such failure shall not be cured within sixty (60) days after the date of written demand by the Redeveloper, and the City is unable to demonstrate, to the rea- sonable satisfaction of the Redeveloper that the defects, cloud, or other deficiencies in or on title involved, or the part of the property to which it relates, is of such nature that the Rede- veloper will not be hampered or delayed in the construction of the improvements by taking title and possession subject to such defects, the City will refund to the Developer any good faith deposit tendered by the Redeveloper for such property or the portion of said good faith deposit reasonable allocable to the portion of the property not conveyed and this agreement with respect to the property not conveyed shall be terminated, provided, it is hereby expressly agreed that in the event this agreement is terminated pursuant to this Section each party to this agreement shall be solely responsible for all expenses incurred or obligated by it and shall have no claim against the other party. SECTION 703. TERMINATION BY CITY PRIOR TO CONVEYANCE. In the event that prior to conveyance of the Property to the Redeveloper, the Redeveloper is in violation of Section 502 of Part II of this Agreement or the Redeveloper does not pay the Purchase Price and take title to the Property upon tender of conveyance by the City pursuant to this Agreement, or the Redeveloper fails to cure any default or failure within thirty (30) days from the date of written demand by the City, then this Agreement, and any rights of the Redeveloper, or any assignee or transferee, in this Agreement, or arising therefrom with respect to the City or the Property, shall, at the option of the City, be terminated by the City, in which event, as provided in Paragraph C, Section 3 of Part I hereof, the II -14 Deposit or any portion thereof may be retained by the City as liquidated damages and as its property without any deduction, offset, or recoupment whatsoever, and neither the Redeveloper (or assignee or transferee) nor the City shall have any further rights against or liability under this Agreement to the other in respect to the property or part thereof for which the deposit has been retained. SECTION 704. REVESTING TITLE IN CITY SUBSEQUENT TO CONVEYANCE TO REDEVELOPER. In the event that subsequent to conveyance of the Property or any part thereof to the Redeveloper and prior to completion of the Improvements as certified by the City (a) the Redeveloper does not submit plans as required by the Agreement in satisfactory form and in the manner and by the dates respectively provided in this Agreement; or (b) the Redeveloper (or successor in interest) shall default in or violate its obligations with respect to the construction of the Improvements (including the nature and the dates of for the beginning and completion thereof), or shall abandon or substantially suspend construction work, and any such default, violation, abandonment, or suspension shall not be cured, ended, or remedied within ninety (90) days after written demand by the City; or (c) the Redeveloper (or successor in interest) shall fail to pay real estate taxes or assessments on the Property or any part thereof when due, or shall place thereon any encumbrance or lien unauthorized by the Agreement, or shall suffer any levy or attachment to be made, or any materialmen's or mechanics' lien, or any other unauthorized encumbrance or lien to attach, and such taxes or assessments shall not have been paid, or the encumbrance or lien removed or discharged or provision satis- factory to the City made for such payment, removal, or discharge, within ninety (90) days after written demand by the City; or (d) the Redeveloper violates the provision of Section 502 of Part II of this Agreement and such violation shall not be cured within sixty (60) days after written demand by the City to the Redeveloper, then the City shall have the right to re-enter and take possession of the Property and all Improvements located thereon and to terminate (and revest in the City) the property conveyed by the Deed to the Redeveloper, it being the intent of this provision, together with other provisions of the Agreement, that the conveyance of the Property to the Redeveloper shall be made upon, and that the Deed shall contain, a condition subsequent to the effect that in the event of any default, failure, violation, or other action or inaction by the Redeveloper specified in subdivisions (a), (b), (c) and (d) of this Section 704, failure on the part of the Redeveloper to remedy, end, or abrogate such default, failure, violation, or other action or inaction, within the period and in the manner stated in such subdivisions, the City at its option may declare a termination in favor of the City of the title, and of all the rights and interests in and to the Property conveyed by the Deed to the Redeveloper and Improvements constructed thereon, and that such title and all rights and interests of the Redeveloper, and any assigns or suc- cessors in interest to and in the Property and any Improvements constructed thereon, shall revert to the City: Provided, that such condition subsequent and any revesting of title as a result thereof in the City (1) shall always be subject to and limited by, and shall not defeat, render invalid, or limit in any way, (i) the lien of any mortgage authorized by the Agreement, and (ii) any rights or interests provided in the Agreement for the protection of the holders of such mortgages; and (2) shall not apply to individual parts or parcels of the Property (or, in the case of parts or parcels leased, the leasehold interest) on which the Improvements to be constructed thereon have been completed in accordance with the Agreement and for which a certificate of completion is issued therefor as provided in Section 305 hereof. In addition to and without in any way limiting the City's right to re-entry as provided for in this Section, the City shall have the right to retain the Deposit or any portion thereof, as provided in Paragraph C, Section 3 of Part I hereof, without any deduction, offset or recoupment what- soever, in the event of a default, violation or failure of the Redeveloper as specified in this Section. SECTION 705. RESALE OF REACQUIRED PROPERTY; DISPOSITION OF PROCEEDS. Upon the revesting in the City of title to the Property and any Improvements thereon, or any part thereof as provided in Section 704, the City shall, pursuant to its responsibilities under State law, use its best efforts to resell the Property or part thereof (subject to such mortgage liens and leasehold interests as in Section 704 set forth and provided) as soon and in such manner as the City shall find feasible and consistent with the objective of making or completing the Improvements or such other improvements in their stead as shall be satisfactory to the City and in accordance with the uses specified for such Property or part thereof in the Urban Renewal Plan. Upon such resale of the Property, the proceeds thereof shall be applied: (a) First, to reimburse the City, on its own behalf, for all costs and expenses incurred by the City, including but not limited to salaries of personnel, in connection with the recapture, management, and resale of the Property or part thereof (but less any income derived by the City from the Property or part thereof in connection with such management); all taxes, assessments, and water and sewer charges with respect to the Property or part thereof (or, in the event the Property is exempt from taxation or assessment or such charges during the period of ownership thereof by the City, the amount, if paid, equal to such taxes, assessments, or charges (as determined by the City assessing official) as would have been payable if the Property or part thereof at the time of revesting of title II -16 thereto in the City or to discharge or prevent from attaching or being made any subsequent encumbrances or liens due to obligations, defaults, or acts of the Redeveloper, its successors or transferees; any expenditures made or obligations incurred with respect to the making or completion or removal of the Improvements or any part thereof on the Property or part thereof; and any amounts otherwise owing the City by the Redeveloper and its successor or transferee; and (b) Second, to reimburse the Redeveloper, its successor or trans- feree, up to the amount amount equal to (1) the sum of the purchase price paid by it for the Property (or allocable to the part thereof) and the cash actually invested by it in making any of the Improvements on the Property or part thereof, unless (2) any gains or income withdrawn or made by it from the Agreement or the Property. Any balance remaining after such reimbursements shall be retained by the City as its property. SECTION 706. OTHER RIGHTS AND REMEDIES OF CITY; NO WAIVER BY DELAY. The City shall have the right to institute suc actions or proceed- ings as it may deem desirable for effectuating the purposes of this Article VII, including also the right to execute and record or file among the public land records in the office in which the Deed is recorded a written declaration of the termination of all the right, title, and interest of the Redeveloper, and (except for such individual parts or parcels upon which construction of that part of the Improvements required to be constructed thereon has been completed, in accordance with the Agreement, and for which a certi- ficate of completion as provided in Section 305 hereof is to be delivered, and subject to such mortgage liens and leasehold interests as provided in Section 704 hereof) its successors in interest and assigns, in the Property, and the revesting of title thereto in the City: Provided, that any delay by the City in instituting or prosecuting any such actions or proceedings or otherwise asserting its rights under this Article VII shall not operate as a waiver of such rights or to deprive it of or limit such rights in any way (it being the intent of this provision that the City should not be constrained (so as to avoid the risk of being deprived of or limited in the exercise of the remedy provided in this Section because of concepts of waiver, laches, estoppel, or otherwise) to exercise such remedy at a time when it may still hope otherwise to resolve the problems created by the default involved); nor shall any waiver in fact made by the City with respect to any specific default by the Redeveloper under this Section be considered or treated as a waiver of the rights of the City with respect to any other defaults by the Redeveloper under this Section or with respect to the particular default except to the extent specifically waived in writing. SECTION 707. IMPOSSIBILITY OF PERFORMANCE BY CITY PRIOR TO CONVEYANCE OF PROPERTY. Should at any time prior to the conveyance of title to any Property under this Agreement, the City of Iowa City, Iowa be enjoined from such conveyance or prevented from so doing by any order or decision or act of any judicial, legislative or executive body having authority in the premises, the City at its option may terminate this Agreement and any obligations incurred by either party shall cease. In the event of such termination, the City shall not be responsible for any damages, expenses or costs incurred by the Redeveloper by reason of such termination. It is further agreed and understood that the City shall have no liability for failure to deliver title to such Property or any part thereof to the Redeveloper after making a good faith attempt to do so. SECTION 708. ENFORCED DELAY IN PERFORMANCE FOR CAUSE BEYOND CONTROL OF PARTY. For the purposes of any of the provisions of the Agreement, ne tiher the City nor the Redeveloper, as the case may be, nor any successor in interest, shall be considered in breach of, or default in, its obligations with respect to this Agreement in the event of enforced delay in the performance of such obligations due to unfore- seeable causes beyond its control and without its fault or negligence, including, but not restricted to, acts of God, acts of the public enemy, acts of the other party, fires, floods, epidemics, quarantine restrictions, strikes, and usually severe weather or delays of subcontractors due to such causes; it being the purpose and intent of this provision that in the event of the occurrence of any such enforced delay, the time or times for performance of the obligations of the City or of the Redeveloper under this Agreement, as the case may be, shall be extended for the period of the enforced delay as determined by the City: Provided, That the party seeking the benefit of the provisions of this Section shall, within ten (10) days after the beginning of any such enforced delay, have first notified the other party thereof in writing, and of the cause or causes thereof, and requested an extension for the period of the enforced delay. SECTION 709. RIGHTS AND REMEDIES CUMULATIVE. The rights and remedies of the parties to the Agreement, whether provided by law or by the Agreement, shall be cumulative, and the exercise by either party of any one or more of such remedies shall not preclude the exercise by it, at the same or different times, of any other such remedies for the same default or breach or of any of its remedies for any other default or breach by the other party. No waiver made by either such party with respect to the performance, or manner or time thereof, or any obligation of the other party or any condition to its own obligation under the Agreement shall be considered a waiver of any rights of the party making the waiver with respect to th3 particular obligation of the other party or condition to its own obligation beyond those expressly waived in writing and to the extent thereof, or a waiver in any respect in regard to any other rights of the party making the waiver or any other obligations of the other party. II -18 SECTION 710. PARTY IN POSITION OF SURETY WITH RESPECT TO OBLIGATIONS. The Re eve aper, for itself and its successors and assigns, and for all other persons who are or who shall become, whether by express or implied assumption or otherwise, liable upon or subject to any obligation or burden under the Agreement, hereby waives, to the fullest extent permitted by law and equity, any and all claims or defenses otherwise available on the ground of its (or their) being or having become a person in the position of a surety, whether real, personal, or otherwise or whether by agreement or operation of law, including, without limitation on the generality of the foregoing, any and all claims and defenses based upon extension of time, indulgence, or modification of terms of contract. ARTICLE VIII. MISCELLANEOUS SECTION 801. CONFLICT OF INTERESTS; CITY REPRESENTATIVES NOT INDIVID U LLY LIABLE. o member, official, or employee of the City shall have any personal interest as defined in Chapter 403, Code of Iowa 1977, direct or indirect, in the Agreement, nor shall any such member, offical, or employee participate in any decision relating to the Agreement which affects his personal interests or the interests of any corporation, partnership, or association in which he is, directly or indirectly, interested. No member, official, or employee of the City shall be personally liable to the Redeveloper, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Rede- veloper or successor or on any obligations under the terms of the Agreement. SECTION 802. EQUAL EMPLOYMENT OPPPORTUNITY. The Redeveloper, for itse f and its successors anT assigns, agrees that during the construction of the Improvements provided for in the Agreement: (a) The Redeveloper will not discriminate against any employee or applicant for employment because of race, color, religion, sex, disability, sexual orientation, marital status, or national origin. The Redeveloper will take affirmative action to insure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, disability, sexual orientation, marital status, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compen- sation; and selection for training, including apprenticeship. The Redeveloper agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the City setting forth the provisions of this nondiscrimination clause. (b) The Redeveloper will, in all solicitations or advertisements for employees placed by or on behalf of the Redeveloper, state that the Redeveloper is an equal opportunity employer. 11-19 (c) The Redeveloper will send to each labor union or representative of workers with which the Redeveloper has a collective bargaining agreement or other contract or understandinn, a notice, to be provided, advising the labor union or workers' representative of the Redeveloper's commitments under Section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (d) The Redeveloper will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (e) The Redeveloper will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor or the Secretary of Housing and Urban Development pursuant thereto, and will permit access to the Redeveloper's books, records, and accounts by the City, the Secretary of Labor for purposes in investigation to ascertain compliance with such rules, regulations, and orders. (f) In the event of the Redeveloper's noncompliance with the non- discrimination clauses of this Section, or with any of the said rules, regulations, or orders, the Agreement may be canceled, terminated, or suspended in whole or in part and the Redeveloper may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (g) The Redeveloper will include the provisions of Paragraphs (a) through (g) of this Section in every contract or purchase order, and will require the inclusion of these provisions in every subcontract entered into by any of its contractors, unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each such contractor, subcontractor, or vendor, as the case may be. The Redeveloper will take such action with respect to any construction contract, subcontract, or purchase order as the City or the Department of Housing and Urban Development may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, That in the event the Redeveloper becomes involves in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the City or the D,?part- ment of Housing and Urban Development, the Redeveloper may request the United States to enter into such litigation to protect the interests of the United States. II -20 SECTION 803. PROVISIONS NOT MERGED WITH DEED. None of the provisions of the Agreement are intended to or s a 1 be merged by reason of any deed transferring title to the Property from the City to the Redeveloper or any successor in interest, and any such deed shall not be deemed to affect or impair the provisions and covenants of the Agreement. SECTION 804. TITLES OF ARTICLES AND SECTIONS. Any titles of the several parts, Articles, and Sections of the Agreement are inserted for convenience of reference only and shall be disregarded in construing or interpreting any of its provisions. II -21 Part III of CONTRACT FOR SALE OF LAND FOR PRIVATE REDEVELOPMENT By and Between COLLEGE BLOCK PARTNERS and The City of Iowa City, Iowa ADDITIONAL TERMS AND CONDITIONS PART III OF CONTRACT FOR SALE OF LAND FOR PRIVATE REDEVELOPMENT SECTION 1001. TERMS AND CONDITIONS ADDED. The parties hereby mutually acknowledge that the College B oc Building, located on the parcel described in Schedule A of Part 1 of this agreement, is listed on the National Register of Historic Places and pursuant to such listing, the following terms and conditions are hereby mutually agreed to, in addition to the provisions contained in Part I and Part II of this agreement. SECTION 1002. RESTORATION REQUIRED. The structure known as the College Block Building shall be restored in a manner which will not alter the appearance of the north facade as depicted on the cover page of the REPORT ON PRESENT CONDITIONS AND RECOMMENDATIONS FOR THE RESTORATION AND REMODELING OF THE COLLEGE BLOCK BUILDING, dated January 4, 1974, prepared by William Nowysz and Associates. SECTION 1003. RESTORATION DEFINED. When used herein, the term "restoration" shall inc ude but not be imited to, the reconstruction and repair of the College Block Building so as to comply with all applicable codes and ordinances, the precise restoration of the north facade as called for in Section 1002 hereof, the protection and sealing of the brick and the iron beams with an acceptable sealer and pro- tective agent when it has been determined that a new building will not be constructed on the lot to the east of and immediately adjacent to the College Block Building within a year from the signing of this Agreement. SECTION 1004. APPROVALS REQUIRED. The restoration, repairs, construction —and signage, as provided for in this agreement shall be performed under the supervision of and with the prior written approval of the City of Iowa City in consultation with the State Division of Historic Preservation. This includes, but is not limited to, the selection of materials, i.e., the quality and color of paint, and the pro- cedures used for stripping the brick and tin in the restoration and maintenance of the exterior. No approval shall be required for ordinary repairs nor for interior painting, alterations, repairs or partitioning not affecting the structural integrity nor exterior appearance of the building, except as otherwise required by Section 301 of Part II of this agreement. No approval required shall unreasonably be withheld. SECTION 1005. SIGNS CONTROLLED. No signs, billboards or advertisements shall be displayed or placed upon said building, except a sign stating solely the name of College Block Building, the address of the property and the businesses located therein. Signs shall be in keeping with the historical and architectural integrity of the building. SECTION 1006. NEW CONSTRUCTION CONTROLLED. Within the grounds no new construction shall take place except an addition or separate building to the south of the College Block Building which is compatible with its present style and which does not exceed the height of the College Block Building; and such other structures, walkways or improvements as the purchaser may propose and the City in con- sultation with the State Division of Historic Preservation may approve in writing, which are necessary for preserving and main- taining the character of the College Block Building. SECTION 1007. DEMOLITION CONTROLLED. In case of fire, casualty, or other damage so serious as to render reconstruction impractical, whether on account of building or zoning laws, or relative cost of reconstruction, or the amount of the structure remaining, or otherwise, approval shall not be withheld for replacement by another building or buildings reasonably compatible with the appearance of its surroundings. Written permission for demolition must be obtained from the City of Iowa City in consultation with the State Division of Historic Preservation or its successor and the Department of Housing and Urban Development. SECTI uUKAH UN. It is intended and agreed, and the ueea snail so expressly provide, that the agreements and covenants provided in this Part III shall be covenants running with the land and that they shall, in any event, and without regard to technical classification or designation, legal or otherwise, and except only as otherwise specifically provided in the Agreement, be binding, to the fullest extent permitted by law and equity, for the benefit and in favor of, and enforceable by, the City, its successors and assigns, any successor in interest to the Property, or any part thereof. Provided, that such agreements and covenants shall be binding on the�veloper itself, each successor in interest to the Property, and every part thereof, and each party in possession or occupancy, respectively, only for such period as such successor or party shall have title to, or an interest in, or possession or occupancy of, the Property or part thereof. The covenants and agreements of this Part III shall be binding until October 2, 1994, and shall automatically extend for five year periods thereafter unless changed by the City Council. T T T RESOLUTION NO. 77-115-0 RESOLUTION AUTHORIZING THE SALE OF URBAN RENEWAL PROPERTY WHEREAS, the City of Iowa City, Iowa, has under date September 2, 1970, entered into a contract for loan and grant with the United States of America; and, WHEREAS, the City of Iowa City, Iowa, has undertaken pursuant to said contract an Urban Renewal Project known as the City -University Project I, Project Number Iowa R-1)4; and, WHEREAS, the City of Iowa City, Iowa, has received an entitlement of funds pursuant to the Housing and Community Development Act of 1974; and, WHEREAS, the City of Iowa City, Iowa, has pursuant to the provisions of Title 24, Part 570, Section 570.801(c), of the Code of Federal Regulations, transferred Community Development Block Grant funds to said Urban Renewal Project, and transferred control of certain real property acquired in carrying out said Urban Renewal Project to the City Council of the City of Iowa City from the City Council acting as LPA, by Resolution Number 76-446, dated December 14, 1976, and by Resolution Number 77-312, dated August 9, 1977; and, WHEREAS, the City Council of Iowa City, Iowa, caused to be issued a solicitation of Offers to Purchase Land for Private Redevelopment; and, WHEREAS, Offers to Purchase Land for Private Redevelopment were received and opened by the City of Iowa City on September 15, 1977; and, WHEREAS, the City Council of the City of Iowa City is now desireous of selling disposition Parcels 93-1/101-2 to Pentacrest Garden Apartments, a partnership_; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that pursuant to the authority granted by Section 403 of the 1977 Code of Iowa and Section 570.801(c) of Part 570, Title 24, Code of Federal Regulations, the Mayor and City Clerk are hereby authorized and directed to execute, on behalf of the City of Iowa City, a contract for Sale of Land for Private Redevelopment by and between Pentacrest Garden Apartments, a partnership and the City of Iowa City, Iowa, a copy of which contract is attached hereto and incorporated herein, such land to be sold to Pentacrest Garden Apartments Disposition Parcels 93-1/101-2, as more particularly described in said contract. Upon execution of the contract by the City and Pentacrest Garden Apartments , the City Manager is authorized and directed to prepare a deed for said property and deliver the deed to Pentacrest Garden Apartments upon receipt of payment for said property. It was moved by s sw -and seconded by /�- QAft that the Resolution as read/be adopted and upon roll call there were: AYES: NAYS: ABSENT: —_ Balmer x_ deProsse Foster Neuhauser Ferret x Selzer y Vevera Passed and approved this �a,�,,4 day of /ems 1977• ATTEST: OIL � Imo- City Cle Mayor 9ECEIVTIP�k'^r�.:rA'�,_,ri�D 94 Part I of CONTRACT FOR SALE OF LAND FOR PRIVATE REDEVELOPMENT By and Between Pentacrest Garden Apartments and The City of Iowa City, Iowa CONTRACT FOR SALE OF LAND FOR PRIVATE REDEVELOPMENT AGREEMENT, consisting of this Part I and Part II annexed hereto and made a part hereof (which Part I and Part II are together hereinafter called "Agr ment"), made on or as of the -2. "-W- day of , 19 7Z, by and between the City of Iowa City, Iowa, a publicly corporate (which, together with any successor public body or officer hereafter designated by or pursuant to law, is hereinafter called the "City"), established pursuant to the statutes of the State of Iowa pertaining to Municipalities, Cities, Towns, and particularly Chapter 403 of the Code of Iowa as amended (hereinafter called "Urban Renewal Act") and having its office at the Civic Center in the City of Iowa City, State of Iowa, and Pentacrest Garden A artments a artnershi organized an existing under the laws of the State of Iowa hereinafter called "Redeveloper") and having an office for the transaction of business at 414 E. Market Street in the City of Iowa City County of Johnson and State of Iowa , WITNESSETH: WHEREAS, in furtherance of the objectives of the Urban Renewal Act, the City has undertaken a program for the clearance and reconstruction or rehabilitation of slum and blighted areas in the City, and in this connection is engaged in carrying out an urban renewal project (herein- after called "Project") in an area (hereinafter called the "Project Area") located in the City; and WHEREAS, as of the date of this Agreement there has been prepared and approved by the City an urban renewal plan for the Project, con- sisting of ("The Urban Renewal Plan, dated September 3, 1969, by Resolu- tion No. 2157, as amended from time to time and as it may hereafter be further amended pursuant to law, and as so constituted, is unless other- wise indicated by the context, hereinafter called "Urban Renewal Plan"), and WHEREAS, a copy of the Urban Renewal Plan as constituted on the date of the Agreement has been recorded among the land records for the place in which the Project Area is situated, namely, in the Office of the Johnson County Recorder in Book 490 at page 408, and has been filed in the Office of the Clerk of the City located at the Civic Center in the City; and WHEREAS, in order to enable the City to achieve the objectives of the Urban Renewal Plan and particularly to make the land in the Project Area available for redevelopment by private enterprise for redevelopment in accordance with the Urban Renewal Plan, both the Federal Government and the City have undertaken to provide and have provided substantial aid and assistance through a Contract for Loan and Capital Grant dated September 2, 1970, in the case of the Federal Government; and WHEREAS, pursuant to Chapter 403, Code of Iowa as amended, the City has offered to sell and the Redeveloper is willing to purchase certain real property located in the Project Area and more particularly described in Schedule A annexed hereto and made a part hereof (which property as so described is hereinafter called "Property") and to redevelop the Property for and in accordance with the uses specified in the Urban Renewal Plan and in accordance with the Agreement; and WHEREAS, the City believes that the redevelopment of the Property pursuant to the Agreement, and the fulfillment generally of the Agree- ment, are in the vital and best interests of the City and the health, safety, morals, and welfare of its residents, and in accord with the public purposes and provisions of the applicable Federal, State, and local laws and requirements under which the Project has been undertaken; and WHEREAS, the City has acquired title to certain property described in Schedule A hereof: NOW, THEREFORE, in consideration of the premises and the mutual obligations of the parties hereto, each of them does hereby covenant and agree with the other as follows: SECTION 1. SALE: PURCHASE PRICE Subject to all the terms, covenants, and conditions of the Agree- ment, the City will sell the property described in Schedule A hereof to the Redeveloper for, and the Redeveloper will purchase the property from the City and pay therefore, the amounts set forth in Schedule D hereof, subject to the terms and conditions of Section 2 of this Agreement. The amounts set forth in Schedule D, hereinafter called "Purchase Price," are to be paid in cash or by certified check simultaneously with the delivery of the deeds conveying the property to the Redeveloper. SECTION 2. CONVEYANCE OF PROPERTY (a) Form of Deed. The City shall convey to the Redeveloper title to t� a property by Special Warranty Deed (hereinafter called "Deed"). Such conveyance and title shall, in addition to the condition subsequently provided for in Section 704, Part II, hereof, and to all other conditions, covenants, and restric- tions set forth or referred to elsewhere in the Agreement, be subject to: (1) Such easements as it shall have been necessary, pursuant to the Urban Renewal Plan, for the City to reserve, for itself or for future dedication or grant, for sewers, drains, water and gas distribution lines, electric, telephone, and telegraph installations, rights-of-way and access, or as described or referred to in "Schedule A," description of property, attached hereto and referenced as a part hereof; (2) All conditions, covenants and restrictions contained in said Urban Renewal Plan and Part I and II of this Contract. IPA (b) Time and Place for Deliver of Deeds. The City shall deliver the Dee an possession of the property to the Redeveloper upon payment of the purchase price in full upon such dates as called for in this Agreement. Conveyance shall be made at the principal office of the City and the Redeveloper shall accept such conveyance and pay to the City at such time and place the purchase price in full for each parcel delivered. (c) Recordation of Deeds. The Redeveloper shall promptly file the Deeds for recordation among the land records of Johnson County, Iowa. The Redeveloper shall pay all costs (including the cost of the State documentary stamp tax on the Deeds, for which stamps in the proper amount shall be affixed to the Deeds by the Redeveloper), for so recording said Deed. (d) Delivery of the Abstract. The City will furnish to the Rede- veloper in advance of the closing on each parcel, an abstract of title showing good marketable title in the City of Iowa City, Iowa, free and clear of all taxes, assessments or other encumbrances except as hereinbefore specified. The abstracts of title shall be at City expense and will be certified by a qualified abstracting company to the close of business as the closest practical date prior to the date of the deed of con- veyance. The cost of obtaining an attorney's examination of the abstracts for title opinion and/or the cost of obtaining title insurance, if required, shall be at the expense of the Redeveloper. (e) Delivery of Property. The City will deliver the property describe3in 5che u e A hereof at the time set forth in Schedule C hereof. The Redeveloper agrees to pay for and accept title of such property as called for in this Agreement and agrees to begin development promptly on the property conveyed within the time called for in this Agreement. Failure by the Redeveloper to pay for and accept delivery of the urban renewal land as called for herein will result in forfeiture of the deposits posted with the City by the Redeveloper attributable to such property, without limiting the City as to other remedies against the Redeveloper. In the event the City is unable to deliver the property as called for in Schedule C to the Redeveloper, the Redeveloper shall have the option of rescinding the development contract only as to such parcels in default by causing a written notice to be served upon the City of the exercise of such option. Upon receipt by the City of this notice, the City shall have sixty (60) days to cure the default by tendering the property covered in the notice to the Redeveloper. If the City is unable to cure the default within the sixty (60) days as provided herein, the Redeveloper shall, at its option, stand relieved of its obligation to accept the parcel or parcels involved and the City shall, in such event, promptly refund that portion of the Redeveloper's deposit attributable to such parcels to the Redeveloper. It is expressly understood and agreed that the City shall have no other liability, direct or indirect, to the Redeveloper on account of delay or inability to deliver land to the Redeveloper as -3- called for in this Agreement and the Redeveloper's remedy in the event of default by the City in delivery of urban renewal land is hereby specifically limited to rescinding the contract as to such land as provided in this paragraph. (f) Default by Redeveloper. In the event the Redeveloper fails to accept a ivery of and pay for one or more parcels of property, as called for in this Agreement, the City may, at its option, call the entire Agreement, or the Agreement as it applies to any part of the property, in default, serve a proper notice of forfeiture upon the Redeveloper and terminate this Agreement in its entirety except that forfeiture of this Agreement shall not relieve the Redeveloper of the obligations imposed by this Agreement as to property already delivered to the Redeveloper. SECTION 3. GOOD FAITH DEPOSIT (a) Amount. The Redeveloper has, prior to or simultaneously with t e execution of the Agreement by the City, delivered to the City a good faith deposit or a surety bond in the penal amount of N A Dollars, (ten percent 0 of the purchase price), in w ich the City is the obligee, issued by N/A a surety company regularly engaged in the issuance of such un er takings and on the list of surety companies approved by the United States Treasury for at least such amount, or cash, or a certified check satisfactory to the City in the amount of 'agent thousand two hundred ($20,200) Dollars, herein - a ter call a d% Deposit, as security for the performance of the obligations of the Redeveloper to be performed prior to the return of the Deposit to the Redeveloper, or its retention by the City as liquidated damages, or its application on account of the Purchase Price, as the case may be, in accordance with the Agreement. The Deposit, if cash or certified check, shall be deposited in an account of the City in a bank or trust company selected by i t. (b) Interest. The City shall be under no obligation to pay or earn interest on the Deposit, but if interest is payable thereon such interest when received by the City shall be promptly paid to the Redeveloper. (c) Retention by City. Upon termination of the Agreement as provided in bections 703 and 704 of Part II hereof, the Deposit or the proceeds of the Deposit, if not theretofore returned to the Redeveloper pursuant to Paragraph (d) of this Section, including all interest payable to such Deposit or the proceeds thereof after such termination, shall be retained by the City Agency as provided in Sections 703 and 704 of Part II hereof. -4- (d) Return to Redeveloper. Upon termination of the Agreement as provided in Section 702 of Part II hereof, the Deposit shall be returned to the Redeveloper by the City as provided in Section 702 of Part II hereof. SECTION 4. TIME FOR COMMENCEMENT AND COMPLETION OF IMPROVEMENTS The construction of the Improvements called for in this Agreement shall be commenced and completed in accordance with Schedule D hereof (te-be-subm4tted-by-Developer-w4th-his-proposal). Provided, that if a mortgage securing money loaned to finance the Improve- ments, or any part thereof, is insured by the Secretary of Housing and Urban Development, then the aforesaid completion time shall not apply, but instead the construction of the Improvements, or any part thereof, shall be completed within the time specified in the applicable Building Loan Agreement approved by the Secretary of Housing and Urban Development. SECTION 5. TIME FOR CERTAIN OTHER ACTIONS (a) Time for Submission of Preliminary Design Plans. The Rede- veloper shall su mtt Pre iminary Design Pans as called for in Section 301 of Part II of this Agreement as soon as possible after the time for conveyance set forth in Schedule C hereof, and shall submit such plans in no event later than December 1, 1977 (b) Time for Submission of Construction Plans. The Redeveloper shall submit construction pans as called for in Section 301 of Part II of this Agreement as soon as possible after approval of the Preliminary Design Plans by the City Council, and in no event, later than sixty (60) days prior to the time for start of construction called for in Schedule D hereof. (c) Time for Submission of Corrected Plans. In the event that Preliminary Design Pans or Construction Plans are rejected by the City, as set forth in Section 301 of Part II of this Agreement, the Redeveloper shall submit corrected plans within thirty (30) days of said rejection. (d) If any hardship shall exist in complying with the foregoing provisions of this Section, the Redeveloper may petition to the City in writing for an extension of time for performance of any part of this Section, setting forth in detail the reasons for needing such extension. SECTION 6. PERIOD OF DURATION OF COVENANT ON USE The covenants pertaining to the use of the Property, set forth in Paragraph (a) of Section 401 of Part II hereof, shall remain in effect from the date of the Deed until October 2, 1994, the period specified or referred to in the Urban Renewal Plan, and shall automatically extend for five year periods thereafter, unless changed by the City Council. -5- SECTION 7. NOTICES AND DEMANDS. A notice, demand, or other communication under the Agreement by either party to the other shall be sufficiently given or delivered if it is dispatched by registered or certified mail, postage prepaid, return receipt requested, or delivered personally, and (i) in the case of the Redeveloper, is addressed to or delivered personally to the Redeveloper at James 414 E. Market Street Iowa City. Iowa 52240 1:121] (ii) in the case of the City, is addressed to or delivered personally to the: City Manager Civic Center 410 E. Washington St. Iowa City, IA 52240 or at such other address with respect to either such party as that may, from time to time, designate in writing and forward to the other as provided in this Section. SECTION 8. COUNTERPARTS The Agreement is executed in three (3) counterparts, each of which shall constitute one and the same instruments. IN WITNESS WHEREOF, the City has caused the Agreement to be duly executed in its name and behalf by its Mayor and its seal to be hereunto duly affixed and attested by its City Clerk, and the Redeveloper has caused the Agreement to be duly executed in its name and behalf by its artner ands-}$5{-(iri�0Wat2-Sfa�-t0-be-hePel#f�t0i�ltly-a1='�'Fked anc}-atter y-i•ts-Sec-wetary, on or as of the day first above written. ATTEST: CITY CLERK ATTEST: N/A SECRETARY CITY OF IOWA CITY, IOWA BY: MAYOR I Pentacrest Garden Apartments TE—DEE—ELOPER BY:�-i�— -7- James A. Clark, Partner PARTNERSHIP ACKNOWLEDGEMENT STATE OF Iowa ss COUNTY OF Johnson On this (� 3n -A day of �c�z _ A.D., 1917, before me personally came and appeared James A. Clark to me known and known to me to be the person who executed the above instrument who being first duly sworn by me, which for himself deposes and says that he is a member of the firm of Pentacrest Garden Apartments consisting of himself and Loretta Clark and that he had authority to sign same, and he did duly acknowledge to me that he executed the same as the act and deed of said firm of Pentacrest Garden Apartments for the uses and purposes mentioned therein. IN WITNESS WHEREOF, I have hereunto signed my name and affixed my Notarial Seal the day and year last above written. eA'--u' Notary Public in a d for tiA� County, State of / My Commission expires - / `1 % ,� in SCHEDULE A LEGAL DESCRIPTION All that certain parcel or parcels of land located in the City of Iowa City, County of Johnson, State of Iowa, more particularly described as follows, to wit: Lot 1, 2, 3 and 4 in Block 93, in Iowa City, Johnson County, Iowa, according to the recorded plat thereof; and all of Lot 5, all of Lot 6, Lot 7 except the north 50 feet of the east 25 feet of said lot, Lot 8 except the east 25 feet of said lot, in Block 101, and the Capitol Street right-of-way from the south right-of-way line of Burlington Street to the north right-of-way line of Court Street, Iowa City, Johnson County, Iowa, according to the recorded plat thereof, subject to an easement over the following described area: Commencing at the northeast corner of Block 93 of the Original Town of Iowa City, Iowa; thence easterly along the south right-of-way line extended of Burlington Street, 15.36 feet to the point of beginning; thence southerly 320.00 feet from said right-of-way line along a line parallel to the east line of Block 93; thence westerly 3.50 feet along a line parallel to the north right-of-way line of Court Street; thence southerly 60.00 feet along a line parallel to the east line of Block 93 to the north right-of-way line extended of Court Street; thence easterly 68.00 feet along said right-of-way line extended; thence northerly 5.00 feet along a line parallel to the east line of Block 93; thence westerly 22.00 feet along a line parallel to the north right-of-way line of Court Street extended; thence northerly 375.00 feet along a line parallel to the east line of Block 93 to the south right- of-way line extended of Burlington Street; thence westerly along the south right-of-way line of Burlington Street, 42.50 feet'to the point of beginning. PARCEL NO. 93-1 and 101-2 SCHEDULE 3 PRICE OFFERED -10- PRICE $202,000 SCHEDULE C TIME FOR CONVEYANCE PARCEL NO. DATE 93-1 and 101-2 November 30, 1977 -11- SCHEDULE D Improvements on the parcel listed below will commence and be completed in accordance with the following schedule: PARCEL NO. COMMENCE ESTIMATED COMPLETION 93-1 and 101-2 December 1, 1977 May 1, 1979 -12- Part II of CONTRACT FOR SALE OF LAND FOR PRIVATE REDEVELOPMENT By and Between PENTACREST GARDEN APARTMENTS and The City of Iowa City, Iowa ARTICLE I. PREPARATION OF PROPERTY FOR REDEVELOPMENT SECTION 101. DEMOLITION AND SITE CLEARANCE. It is agreed that the City shall convey and the redeveloper shall accept the property set forth in Schedule A of this agreement AS IS and it is expressely agreed that the City makes no warranty, express or implied, regarding subsurface conditions and that the City shall have no liability for any damages arising from subsurface conditions. It is further agreed that any contracts or specifications for site demolition and clearance which may have been examined by the redeveloper were examined for information purposes only, and that the City shall assume no liability for any defects or variance from the specifications for work previously completed. SECTION 102. EXPENSES, INCOME, AND SALVAGE. All expenses, including current taxes, if any, relating to buildings or other structures demolished or to be demolished in accordance with Section 101 hereof shall be borne by, and all income or salvage received as result of the demolition of such buildings or structures shall belong to the City. ON 103. CITY'S RESPONSIBILITIES FOR CERTAIN OTHER ACTIONS. The City, without expense to t e Redeye oyer or assessment or claim against the property, shall cause the restriction of traffic and construction of public improvements on existing street rights-of- way, and the construction of parking structures as specifically set forth in the Urban Renewal Plan. Provided, the City reserves the right to make future modifications to the traffic circulation system and to the public improvements when such changes are deemed necessary and in the public interest, and further Provided in the event that the City, after a good faith attempt to do so, is unable to construct the parking structures due to an inability to issue revenue bonds, the City shall be without liability to the developer or the developer's assigns. (a) Installation of Public Utilities - The installation or re- location by the City or public utility company of such sewers, drains, water and gas distribution lines, electric, telephone, and telegraph lines and all other public utility lines, installations, and facilities as are necessary to be installed or relocated on or in connection with the Property by reason of the redevelopment contemplated by the Urban Renewal Plan and the development of the Property: Provided, that the City shall not be responsible for, nor bear any portion of the cost of, installing the necessary utility connections within the boundaries of the Property between the Improvements to be constructed on the Property by the Redeveloper and the water, sanitary sewer, and storm drain mains or other public utility lines owned by the City or by any public utility company within or without such boundaries, or electric, gas, telephone, or other public utility lines owned by any public utility company within or without such boundaries, and the Redeveloper shall secure any permits required for any such installation without cost or expense to the City. SECTION 104. WAIVER OF CLAIMS AND JOINING IN PETITIONS BY REDEVELOPER. The Redeveloper hereby waives as the purchaser of the Property under the Agreement and as the owner after the conveyance of the Property provided for in the Agreement) any and all claims to awards of damages, if any, to compensate for the closing, vacation, restriction, change of restriction or change of grade of any street, alley, or other public right-of-way within or fronting or abutting on, or adjacent to, the Property which, pursuant to Section 103 hereof, is to be closed or vacated, or the grade of which is to be changed, and shall upon the request of the City subscribe to, and join with, the City in any petition or proceeding required for such vacation, dedication, change of grade, and, to the extent necessary, rezoning, and execute any waiver or other document in respect thereof. ARTICLE II. RIGHTS OF ACCESS TO PROPERTY ON 201. RIGHT OF ENTRY FOR UTILITY SERVICE. The City reserves for itself, the City, and any public utility company, as may be appro- priate, the unqualified right to enter upon the Property at all reasonable times for the purpose of reconstructing, maintaining, repairing, or servicing the public utilities located within the Property boundary lines and provided for in the easements described or referred to in Paragraph (a), Section 2 of Part I hereof. ECTION 202. REDEVELOPER NOT TO CONSTRUCT OVER UTILITY EASEMENTS. The Redeveloper shall not construct any building or other structure or improvement on, over, or within the boundary lines of any easement for public utilities described or referred to in Paragraph (a), Section 2 of Part I hereof, unless such construction is provided for in such easement or has been approved in writing by the City Engineer, or the authorized representative of an affected public utility. SECTION 203. ACCESS TO PROPERTY. Prior to the conveyance of the Property by the City to the Redeveloper, the City shall permit representatives of the Redeveloper to have access to any Property to which the City holds title, at all reasonable times for the purpose of obtaining data and making various tests concerning the Property necessary to carry out the Agreement. After the con- veyance of the Property by the City to the Redeveloper, the Re- developer shall permit employees, agents or representatives of the City access to the Property at all reasonable times for the pur- poses of the Agreement, including, but not limited to, inspection of all work being performed in connection with the construction of the Improvements. No compensation shall be payable nor shall any charge be made in any form by any party for the access provided for in this Section. II -2 ARTICLE III. CONSTRUCTION PLANS; CONSTRUCTION OF IMPROVEMENTS; CERTIFICATE OF COMPLETION SECTION 301. PLANS FOR CONSTRUCTION OF IMPROVEMENTS. Whenever used in this Agreement the term "preliminary design plans" shall include a site plan and preliminary plans for Improvements which clearly show the size, location, and external appearance of any structures, along with such other information as is necessary to fully deter- mine the intentions of the redeveloper. The term "construction plans" shall mean all plans, specifications, drawings, or other information required to be submitted for issuance of any permit called for by applicable codes and ordinance. The term "Improve- ments", as used in this Agreement, shall be deemed to make reference to any buildings, structures, renovations, or other improvements, as provided for and specified in this Agreement, preliminary design plans, and construction plans. The Redeveloper shall, prior to the construction of the Improve- ments called for in this Agreement, submit for approval by the City Council preliminary design plans, and such other information as is necessary for the City Council to fully determine the intentions of the redeveloper. Such plans shall be submitted no later than the time specified therefor in Paragraph (a), Section 5, of Part I hereof. It is expressly understood that the preliminary design plans shall be submitted to review by the City's Design Review Committee. Approval of such preliminary design plans by the City Council shall in no way relieve the redeveloper of the respon- sibility for obtaining all required permits and otherwise fully complying with all applicable state and local codes and ordinances. Following approval of preliminary design plans by the City Council the redeveloper shall submit construction plans and other informa- tion necessary to obtain all permits required by applicable codes and ordinances. The preliminary design plans, as defined herein, shall in any event, be deemed approved by the City Council unless rejection thereof in writing shall be set forth by the City within forty (40) days after the date of their receipt by the City Clerk. If the City so rejects such preliminary design plans in whole or in part, the Redeveloper shall submit new or corrected preliminary design plans which correct the defect set forth in the rejection, within the time specified therefor in Paragraph C, Section 5, of Part I hereof. The provisions of this section relating to approval, rejection, and resubmission of corrected preliminary design plans herein above provided with respect to the original plans shall continue to apply until the preliminary design plans have been approved by the City Council. All work with respect to the Improvements to be constructed or provided by the redeveloper on the property shall be in conformity with the preliminary design plans as approved by the City Council. Construction plans called for herein shall be consistent with and logical extensions of the preliminary design plans approved by the City Council. II -3 SECTION 302. CHANGES IN CONSTRUCTION PLANS. If the redeveloper desires to make any changes 5 the pre iminary design plans after their approval by the City Council, the Redeveloper shall submit the proposed change to the City Council for its approval. Changes in construction plans as defined herein, may be approved by the Department of Housing and Inspection Services, provided that such changes will not cause the Improvement to be constructed in a manner not consistent with the preliminary design plans as approved by Council. SECTION 303. COMMENCEMENT AND COMPLETION OF CONSTRUCTION OF IMPROVEMENTS. The Redeveloper agrees for itself, its successors and assigns, and every successor in interest to the Property, or any part thereof, and the Deed shall contain covenants on the part of the Redeveloper for itself and such successors and assigns, that the Redeveloper, and such successors and assigns, shall promptly begin and diligently pursue to completion the redevelopment of the Property through the construction of the Improvements thereon, and that such construction shall in any event be begun within the period specified in Section 4 of Part I hereof and be completed within the period specified in such Section 4. It is intended and agreed, and the Deed shall so expressly provide, that such agreements and covenants shall be covenants running with the land and that they shall, in any event, and without regard to technical classification or designation, legal or otherwise, and except only as otherwise specifically provided in the Agreement itself, be, to the fullest extent permitted by law and equity, binding for the benefit of the community and the City and enforceable by the City against the Redeveloper and its successors and assigns to or of the Property or any part thereof or any interest therein. SECTION 304. PROGRESS REPORTS. Subsequent to conveyance of the Property, or any part thereof, to the Redeveloper, and until construction of the Improvements has been completed, as set forth in Section 305 hereof, the Redeveloper shall make reports, set forth the status of Improvements, construction schedule, and such other information as may reasonably be requested by the City, as to the actual progress of the Redeveloper with respect to such construction. SECTION 305. CERTIFICATE OF COMPLET (a) Within thirty (30) days after completion of the Improvements in accordance with those provisions of the Agreement relating solely to the obligations of the Redeveloper to construct the Improvements (including the dates for beginning and completion thereof), the City will furnish the Redeveloper with an appro- priate instrument so certifying. Such certification by the City shall be (and it shall be so provided in the Deed and in the certification itself) a conclusive determination of satis- faction and termination of the agreements and covenants in the dates for the beginning and completion thereof: Provided, II -4 that if there is upon the Property a mortgage insured, or held or owned, by the Federal Housing Administration and the Federal Housing Administration shall have determined that all buildings constituting a part of the Improvements and covered by such mortgage are, in fact, substantially completed in accordance with the plans and are ready for occupancy, then, in such event, the City and the Redeveloper shall accept the deter- mination of the Federal Housing Administration as to such completion of the construction of the Improvements in accor- dance with the plans, and, if the other agreements and covenants in the Agreement obligating the Redeveloper in respect of the construction and completion of the Improvements have been fully satisfied, the City shall forthwith issue its certifi- cation provided for in this Section. Such certification and such determination shall not constitute evidence of compliance with or satisfaction of any obligation of the Redeveloper to any holder of a mortgage, or any insurer of a mortgage, securing money loaned to finance the Improvements, or any part thereof. (b) With respect to such individual parts or parcels of the Property which, if so provided in Part I hereof, the Redeveloper may convey or lease as the Improvements to be constructed thereon are completed, the City will also, upon proper completion of the Improvements relating to any such part or parcel, furnish the Redeveloper with an appropriate instrument, certifying that such Improvements relating to any such part or parcel have been made in accordance with the provisions of the Agree- ment. Such certification shall mean and provide (1) that any party purchasing or leasing such individual part or parcel pursuant to the authorization herein contained shall not (because of such purchase or lease) incur any obligation with respect to the construction of the Improvements relating to such part or parcel or to any other part or parcel of the Property; and (2) that neither the City nor any other party shall thereafter have or be entitled to exercise with respect to any such individual part or parcel so sold (or, in the case of lease, with respect to the leasehold interest) any rights or remedies or controls that it may otherwise have or be entitled to exercise with respect to the construction of Improvements as called for herein. (c) Each certification provided for in this Section shall be in such form as will enable it to be recorded in the proper office for the recordation of deeds and other instruments pertaining to the Property, including the Deed. If the City shall refuse or fail to provide any certification in accor- dance with the provisions of this Section, the City shall, within thirty (30) days after written request by the Rede- veloper, provide the Redeveloper with a written statement, indicating in adequate detail in what respects the Redeveloper has failed to complete the Improvements in accordance with the provisions of the Agreement, or is otherwise in default, and what measures or acts it will be necessary, in the opinion of the City, for the Redeveloper to take or perform in order to obtain such certification. II -5 ARTICL_ RESTRICTIONS UPON USE OF ERTY SECTION 401. RESTRICTIONS ON USE. The Redeveloper agrees for itself, and its successors and assigns, and every successor in interest to the Property, or any part thereof, and the Deed shall contain covenants on the part of the Redeveloper for itself, and such successors and assigns, that the Redeveloper, and such successors and assigns, shall: (a) Devote the Property to, and only to and in accordance with, the uses specified in the Urban Renewal Plan; and (b) Not discriminate upon the basis of race, color, creed, religion, age, disability, sex or national origin in the sale, lease, or rental or in the use or occupancy of the Property or any improvements erected or to be erected thereon, or any part thereof. (c) All advertising (including signs) for sale and/or rental of the whole or any part of the Property shall include the legend, "An Open Occupancy Building" in type or lettering of easily leqible size and design. The word "Project" or "Development" may be substituted for the word "Building" where circumstances require such substitution. (d) Comply with the regulations issued by the Secretary of Housing and Urban Development set forth in 37 F.R. 22732-3 and all applicable rules and orders issued thereunder which prohibit the use of lead-based paint in residential structures under- going federally -assisted construction or rehabilitation and require the elimination of lead-based paint hazards. SECTION 402. COVENANTS: BINDING UPON SUCCESSORS IN INTERESTS: PERIOD OF DURATION. It is intended and agreed, and the Deed shaT1 so expressly provicTe, that the agreements and covenants provided in Section 401 hereof shall be covenants running with the land and that they shall, in any event, and without regard to technical classification or designation, legal or otherwise, and except only as otherwise specifically provided in the Agreement, be binding, to the fullest extent permitted by law and equity, for the benefit and in favor of, and enforceable by, the City, its successors and assigns, any successor in interest to the Property, or any part thereof, and the United States (in the case of the covenant provided in subdivision (b) of Section 401 hereof), against the Redeveloper, its successors and assigns and every successor in interest to the Property, or any part thereof or any interest therein, and any party in possession or occupancy of the Property or any part thereof. It is further intended and agreed that the agreement and covenant provided in subdivision (a) of Section 401 hereof shall remain in effect for the period of time, or until the date, specified or referred to in Section 6 of Part I hereof (at which time such agreement and covenant shall terminate) and that the agreements and covenants provided in II -6 subdivision (I f Section 401 hereof shall re, in effect without limitation as to time: Provided, that such agreements and covenants shall be binding on the Redeveloper itself, each successor in interest to the Property, and every part thereof, and each party in possession or occupancy, respectively, only for such period as such successor or party shall have title to, or an interest in, or possession or occupancy of, the Property or part thereof. The terms "uses specified in the Urban Renewal Plan" and "land use" referring to provisions of the Urban Renewal Plan, or similar language, in the Agreement shall include the land and all building, housing, and other requirements or restrictions of the Urban Renewal Plan pertaining to such land. SECTION 403. CITY AND UNITED STATES RIGHTS TO ENFORCE. In amplifica- tion, and not in restriction of, the provision of the preceding Section, it is intended and agreed that the City and its successors and assigns shall be deemed beneficiaries of the agreements and covenants provided in Section 401 hereof, and the United States shall be deemed a beneficiary of the covenant provided in sub- division (b) of Section 401 hereof, both for and in their or its own right and also for the purposes of protecting the interests of the community and other parties, public or private, in whose favor or for whose favor or for whose benefit such agreements and covenants have been provided. Such agreement and covenants shall (and the Deed shall so state) run in favor of the City and the United States, for the entire period during which such agreements and covenants shall be in force and effect, without regard to whether the City or the United States has at any time been, remains, or in an owner of any land or interest therein to or in favor of which such agreements and covenants relate. The City shall have the right, in the event of any breach of any such agreement or covenant, and the United States shall have the right in the event of any breach of the covenant provided in subdivision (b) of Section 401 hereof, to exercise all the rights and remedies, and to maintain any actions or suits at law or in equity or other proper proceedings to enforce the curing of such breach of agreement or covenant, to which it or any other beneficiaries of such agreement or covenant may be entitled. ARTICLE V. PROHIBITIONS AGAINST ASSIGNMENT AND TRANSFER SECTION 501. REPRESENTATIONS AS TO REDEVELOPMENT. The Redeveloper represents and agrees that its purchase of the Property, and its other undertakings pursuant to the Agreement, are, and will be used, for the purpose of the redevelopment of the Property and not for speculation in land holding. The Redeveloper further recognizes that, in view of (a) the importance of the redevelopment of the Property to the general welfare of the community; (b) the substantial financing and other public aids that have been made available by law and by the Federal and local Governments for the purpose of making such redevelopment possible; and (c) the fact that a transfer of the stock in the Redeveloper or of a substantial part thereof, or any other act or transaction II -7 involving or resulting in a significant change in the owner- ship or distribution of such stock or with respect to the identity of the parties in control of the Redeveloper or the degree thereof, is for practical purposes a transfer or disposition of the Property then owned by the Redeveloper, the qualifications and identity of the Redeveloper, and its stock- holders, are of particular concern to the community and the City. The Redeveloper further recognizes that it is because of the recog- nition of such qualifications and identity that the City is entering into the Agreement with the Redeveloper, and, in so doing, the City is further willing to accept and rely on the obligations of the Redeveloper for the faithful performance of all undertakings and covenants in the Agreement. ON 502. PROHIBITION AGAINST TRANSFER OF OWNERSHIP OR CONTROL OF REDEVELOPER. For the foregoing reasons, the Redeveloper agrees for itself, and all persons holding an interest therein, their heirs, successors and assigns that there shall be no change or transfer of ownership or control by any person or combination of persons owning or controlling ten (10) percent or more interest in the Redeveloper through sale, assignment, merger, increased, capitalization or by any other means, without the express written approval of the City. With respect to this provision, the Rede- veloper and the parties signing the Agreement on behalf of the Redeveloper represent that they have the authority of all persons holding interest therein to agree to this provision on their behalf and to bind them with respect thereto. ON 503. PROHIBITION AGAINST TRANSFER OF PROPERTY AND ASSIGNMENT OF AGREEMENT. Also, for the foregoing reasons the Redeveloper represents and agrees for itself, and its successors and assigns, that: (a) Except only (1) by way of security for, and only for, (i) the purpose of obtaining financing necessary to enable the Redeveloper or any successor in interest to the Property, or any part thereof, to perform its obligations with respect to making the Improvements under the Agreement, and (ii) any other purpose authorized by the Agreement, and (2) as to any individual parts or parcels of the Property on which the Improvements to be constructed thereon have been completed, and which, by the terms of the Agreement, the Redeveloper is authorized to convey or lease as such Improvements are completed, the Redeveloper (except as so authorized) has not made or created, and that it will not, prior to the proper completion of the Improve- ments as certified by the City, make or create, or suffer to be II -8 made or created, any total or partial sale, assignment, conveyance, or lease, or any trust or power, or transfer in any other mode or form of or with respect to the Agreement or the Property, or any part thereof or any interest therein, or any contract or agreement to do any of the same, without the prior written approval of the City: Provided, that prior to the issuance by the City of the certificate provided by in Section 306 hereof as to completion of construction of the Improvements, the Redeveloper may enter into any agreement to sell, lease, or otherwise transfer, after the issuance of such certificate, the Property or any part thereof or interest therein, which agreement shall not provide for payment of or on account of the purchase price or rent for the Property, or the part thereof or the interest therein to be so transferred, prior to the issuance of such certificate. (b) The City shall be entitled to require, except as otherwise provided in the Agreement, as conditions to any such approval that: (1) Any proposed transferee shall have the qualifications and financial responsibility, as determined by the City, necessary and adequate to fulfill the obligations under- taken in the Agreement by the Redeveloper (or, in the event the transfer is of or relates to part of the Property, such obligations to the extent that they relate to such part). (2) Any proposed transferee, by instrument in writing satis- factory to the City and in form recordable among the land records, shall, for itself and its successors and assigns, and expressly for the benefit of the City, have expressly assumed all of the obligations of the Redeveloper under the Agreement and agreed to be subject to all the condi- tions and restrictions to which the Redeveloper is sub- ject (or, in the event the transfer is of or relates to part of the Property, such obligations, conditions, and restrictions to the extent that they relate to such part): Provided, that any instrument or agreement which purports to transfer any interest whatsoever caused by this agreement without the express written approval of the City, is null and void. (3) There shall be submitted to the City for review all instruments and other legal documents involved in effecting transfer; and if approved by the City, its approval shall be indicated to the Redeveloper in writing. (4) The consideration payable for the transfer by the trans- feree or on its behalf shall not exceed an amount repre- senting the actual cost (including carrying charges) to the Redeveloper of the Property (or allocable to the part thereof or interest therein transferred) and the Improve- ments, if any, theretofore made thereon by it; it being the intent of this provision to preclude assignment of the Agreement or transfer of the Property for profit II -9 pric ) the issuance of the certific of completion as set forth in Section 306 of this Agreement. The City shall be entitled to increase the Purchase Price to the Redeveloper by the amount that the consideration payable for the assignments or transfer is in excess of the amount that may be authorized pursuant to this sub- division (4), and such consideration shall, to the extent it is in excess of the amount so authorized, belong to and forthwith be paid to the City. (5) The Redeveloper and its transferee shall comply with such other conditions as the City may find desirable in order to achieve and safeguard the purposes of the Urban Renewal Act and the Urban Renewal Plan. Provided, that in the absence of specific written agreement by the City to the contrary, no such transfer or approval by the City thereof shall be deemed to relieve the Redeveloper, or any other party bound in any way by the Agreement or otherwise with respect to the construction of the Improvements, from any of its obli- gations with respect thereto. ION 504. INFORMATION AS TO HOLDERS OF INTEREST IN REDEVELOPER. In order to assist in the effectuation of t e purposes of this Article V and the statutory objectives generally, the Redeveloper agrees that during the period between execution of the Agreement and completion of the Improvements as certified by the City, (a) the Redeveloper will promptly notify the City of any and all changes whatsoever in the ownership or control of interest, legal or beneficial, or of any other act or transaction involving or resulting in any change in the ownership of such interest or in the relative distribution thereof, or with respect to the identity of the parties in control of the Redeveloper or the degree thereof, of which it or any of its officers have been notified or otherwise have knowledge or information; and (b) the Redeveloper shall at such time or times as the City may request, furnish the City with a complete statement, sub- scribed and sworn to by the President or other executive officer of the Redeveloper, setting forth all of the holders of interest in the Redeveloper and the extent of their re- spective holdings, and in the event any other parties have a beneficial interest in such holdings their names and the extent of such interest, all as determined or indicated by the records of the Redeveloper, any specific inquiry made by any such officer, of all parties who on the basis of all such records own ten (10) percent or more of the interest in the Redeveloper, and by such other knowledge or information as such officer shall have. Such lists, data, and information shall in any event be furnished the City immediately prior to the delivery of the Deed to the Redeveloper and as a condition precedent thereto, and annually thereafter on the anniversary of the date of the Deed until the issuance of a certificate of completion of all the Property. II -10 ARTICLE VI. MORTGAGE FINANCING; RIGHTS OF MORTGAGEES SECTION 601. LIMITATION UPON ENCUMBRANCE OF PROPERTY. Prior to the completion of the Improvements, as certified by the City, neither the Redeveloper nor any successor in interest to the Property or any part thereof shall engage in any financing or any other trans- action creating any mortgage or other encumbrance or lien upon the Property, whether by express agreement or operation of law, or suffer any encumbrance or lien to be made on or attach to the Property, except for the purposes of obtaining (a) funds only to the extent necessary for making the Improvements, and (b) such additional funds, if any, in an amount not to exceed the Purchase Price paid by the Redeveloper to the City. The Redeveloper (or successor in interest) shall notify the City in advance of any financing, secured by mortgage or other similar lien instrument, it proposes to enter into with respect to the Property, or any part thereof, and in any event it shall promptly notify the City of any encumbrance or lien that has been created on or attached to the Property, whether by voluntary act of the Redeveloper or otherwise. For the purposes of such mortgage financing as may be made pursuant to the Agreement, the Property may, at the option of the Redeveloper (or successor in interest), be divided into several parts or parcels, provided that such subdivision, in the opinion of the City, is not inconsistent with the purposes of the Urban Renewal plan and the Agreement and is approved in writing by the City. ECTION 602. MORTGAGEE NOT OBLIGATED TO CONSTRUCT. Notwithstanding any o t eprovisions of the Agreement, inc uding but not limited to those which are or are intended to be covenants running with the land, the holder of any mortgage authorized by the Agreement (includ- ing any such holder who obtains title to the Property or any part thereof as a result of foreclosure proceedings, or action in lieu thereof, but not including (a) any other party who thereafter obtains title to the Property or such part from or through such holder, or (b) any other purchaser at foreclosure sale other than the holder of the mortgage itself) shall in no wise be obligated by the provisions of the Agreement to construct or complete the Improve- ments or to guarantee such construction or completion; nor shall any covenant or any other provision in the Deed be construed to so obligate such holder: Provided, that nothing in this Section or any other Section or provision f the Agreement shall be deemed or construed to permit or authorize any such holder to devote the Property or any part thereof to any uses, or to construct any improvements thereon, other than those uses or improvements provided or permitted in the Urban Renewal Plan and in the Agreement. SECTION 603. COPY OF NOTICE OF DEFAULT TO MORTGAGEt. Whenever the City shall deliver any notice or demand to the Redeveloper with respect to any breach or default by the Redeveloper in its obligations or covenants under the Agreement, the City shall at the same time forward a copy of such notice or demand to each holder of any mortgage authorized by the Agreement at the last address of such holder shown in the records of the City. SECTION 604. MORTGAGEE'S OPTION TO CURE DEFAULTS. After any breach or default referred to in Section 603 hereof,—each such holder shall (insofar as the rights of the City are concerned) have the right, at its option, to cure or remedy such breach or default (or such breach or default to the extent that it relates to the part of the Property covered by its mortgage) and to add the cost thereof to the mortgage debt and the lien of its mortgage: Provided, that if the breach or default is with respect to construction of the Improvements, nothing contained in this Section or any other Section of the Agreement shall be deemed to permit or authorize such holder, either before or after foreclosure or action in lieu thereof, to undertake or continue the construction or completion of the Improvements (beyond the extent necessary to conserve or protect Improvements or construction already made) without first having expressly assumed the obligation to the City, by written agreement satisfactory to the City, to complete, in the manner provided in the Agreement, the Improvements on the Property or the part thereof to which the lien or title of such holder relates. Any such holder who shall properly complete the Improvements relating to the Property or applicable part thereof shall be entitled, upon written request made to the City, to a certification or certifications by the City to such effect in the manner provided in Section 305 of the Agreement, and any such certification shall, if so requested by such holder mean and provide that any remedies or rights with respect to recapture of or reversion or revesting of title to the Property that the City shall have or be entitled to because of failure of the Redeveloper or any successor in interest to the Property, or any part thereof, to cure or remedy any default with respect to the construction of the Improvements on other parts or parcels of the Property, or became of any other default in or breach of the Agreement by the Redeveloper or such successor, shall not apply to the part or parcel of the Property to which such certification relates. SECTION 605. CITY'S OPTION TO PAY MORTGAGE DEBT OR PURCHASE PROPERTY. In any case, where, subsequent to default or breache y t Rede- veloper (or successor in interest) under the Agreement, the holder of any mortgage on the Property or part thereof (a) has, but does not exercise, the option to construct or complete the Improvements relating to the Property or part thereof covered by its mortgage or to which it has obtained title, and such failure continues for a period of sixty (60) days after the holder has been notified or informed of the default or breach; or II -12 (b) undertakes construction or completion of the Improvements but does not complete such construction within the period as agreed upon by the City and such holder (which period shall in any event be at least as long as the period prescribed for such construction or completion in the Agreement), and such default shall not have been cured within sixty (60) days after written demand by the City so to do, the City shall (and every mortgage instrument made prior to comple- tion of the Improvements with respect to the Property by the Re- developer or successor in interest shall so provide) have the option of paying to the holder the amount of the mortgage debt and securing an assignment of the mortgage and the debt secured thereby, or, in the event ownership of the Property (or part thereof) has vested in such holder by way of foreclosure or action in lieu thereof, the City shall be entitled, at its option, to a conveyance to it of the Property or part thereof (as the case may be) upon payment to such holder of an amount equal to the sum of: (i) the mortgage debt at the time of foreclosure or action in lieu thereof (less all appropriate credits, including those resulting from collection and application of rentals and other income received during foreclosure proceedings); (ii) all expenses with respect to the foreclosure; (iii) the net expense, if any (exclusive of general overhead), incurred by such holder in and as a direct result of the subsequent management of the Property; (iv) the costs of any Improve- ments made by such holder; and (v) an amount equivalent to the interest that would have accrued on the aggregate of such amounts had all such amounts become part of the mortgage debt and such debt had continued in existence. SECTION 606. CITY'S OPTION TO CURE MORTGAGE DEFAULT. In the event of a default or breach prior to the completion of the Improvements by the Redeveloper, or any successor in interest, in or of any of its obligations under, and to the holder of, any mortgage or other instrument creating an encumbrance or lien upon the Property or part thereof, the City may at its option cure such default or breach, in which cases the City shall be entitled, in addition to and without limitation upon any other rights or remedies to which it shall be entitled by the Agreement, operation of law, or other- wise, to reimbursement from the Redeveloper or successor in interest of all costs and expenses incurred by the City in curing such default or breach and to a lien upon the Property (or the part thereof to which the mortgage, encumbrance, or lien relates) for such reimbursement: Provided, that any such lien shall be subject always to the lien of including any lien contemplated, because of advances yet to be made, by) any then existing mortgages on the Property authorized by the Agreement. SECTION 607. MORTGAGE AND HOLDER. For the purposes of the Agreement: The term "mortgage" shall include a deed of trust or other instrument creating an encumbrance or lien upon the Property, or any part thereof, as security for a loan. The term "holder" in reference to a mortgage shall include any insurer or guarantor of any obligation II -13 or conditions ----ed by such mortgage or deed c -ust, including, but not limited to, the Federal Housing Commissioner, the Admin- istrator of Veterans Affairs, and any successor in office of either such official. ARTICLE VII. REMEDIES SECTION 701. IN GENERAL. Except as otherwise provided in the Agree- ment, in the event of any default in or breach of the Agreement, or any of its terms or conditions, by either party hereto, or any successor to such party, such party (or successor) shall, upon written notice from the other, proceed immediately to cure or remedy such default or breach, and, in any event, within sixty (60) days after receipt of such notice. In case such action is not taken or not diligently pursued, or the default or breach shall not be cured or remedied within a reasonable time, the aggrieved party may institute such proceedings as may be necessary or desirable in its opinion to cure and remedy such default or breach, including, but not limited to, proceedings to compel specific performance by the party in default or breach of its obligations. SECTION 702. TERMINATION BY REDEVELOPER PRIOR TO CONVEYANCE. In the event that the City does not tender conveyance of the Property, or possession thereof, in the manner and condition, and by the date, provided in this Agreement, and any such failure shall not be cured within sixty (60) days after the date of written demand by the Redeveloper, and the City is unable to demonstrate, to the rea- sonable satisfaction of the Redeveloper that the defects, cloud, or other deficiencies in or on title involved, or the part of the property to which it relates, is of such nature that the Rede- veloper will not be hampered or delayed in the construction of the improvements by taking title and possession subject to such defects, the City will refund to the Developer any good faith deposit tendered by the Redeveloper for such property or the portion of said good faith deposit reasonable allocable to the portion of the property not conveyed and this agreement with respect to the property not conveyed shall be terminated,provided, it is hereby expressly agreed that in the event this agreement is terminated pursuant to this Section each party to this agreement shall be solely responsible for all expenses incurred or obligated by it and shall have no claim against the other party. ION 703. TERMINATION BY CITY PRIOR TO CONVEYANCE. In the event that prior to conveyance of the Property to the Redeveloper, the Redeveloper is in violation of Section 502 of Part II of this Agreement or the Redeveloper does not pay the Purchase Price and take title to the Property upon tender of conveyance by the City pursuant to this Agreement, or the Redeveloper fails to cure any default or failure within thirty (30) days from the date of written demand by the City, then this Agreement, and any rights of the Redeveloper, or any assignee or transferee, in this Agreement, or arising therefrom with respect to the City or the Property, shall, at the option of the City, be terminated by the City, in which event, as provided in Paragraph C, Section 3 of Part I hereof, the II -14 Deposit or any portion thereof may be retained by the City as liquidated damages and as its property without any deduction, offset, or recoupment whatsoever, ind neither the Redeveloper (or assignee or transferee) nor the City shall have any further rights against or liability under this Agreement to the other in respect to the property or part thereof for which the deposit has been retained. SECTION 704. REVESTING TITLE IN CITY SUBSEQUENT TO CONVEYANCE TO REDEVELOPE In the event that subsequent to conveyance of the Property or any part thereof to the Redeveloper and prior to completion of the Improvements as certified by the City (a) the Redeveloper does not submit plans as required by the Agreement in satisfactory form and in the manner and by the dates respectively provided in this Agreement; or (b) the Redeveloper (or successor in interest) shall default in or violate its obligations with respect to the construction of the Improvements (including the nature and the dates of for the beginning and completion thereof), or shall abandon or substantially suspend construction work, and any such default, violation, abandonment, or suspension shall not be cured, ended, or remedied within ninety (90) days after written demand by the City; or (c) the Redeveloper (or successor in interest) shall fail to pay real estate taxes or assessments on the Property or any part thereof when due, or shall place thereon any encumbrance or lien unauthorized by the Agreement, or shall suffer any levy or attachment to be made, or any materialmen's or mechanics' lien, or any other unauthorized encumbrance or lien to attach, and such taxes or assessments shall not have been paid, or the encumbrance or lien removed or discharged or provision satis- factory to the City made for such payment, removal, or discharge, within ninety (90) days after written demand by the City; or (d) the Redeveloper violates the provision of Section 502 of Part II of this Agreement and such violation shall not be cured within sixty (60) days after written demand by the City to the Redeveloper, then the City shall have the right to re-enter and take possession of the Property and all Improvements located thereon and to terminate (and revest in the City) the property conveyed by the Deed to the Redeveloper, it being the intent of this provision, together with other provisions of the Agreement, that the conveyance of the Property to the Redeveloper shall be made upon, and that the Deed shall contain, a condition subsequent to the effect that in the event of any default, failure, violation, or other action or inaction by the Redeveloper specified in subdivisions (a), (b), (c) and (d) of this Section 704, failure on the part of the Redeveloper to remedy, end, or abrogate such default, failure, violation, or other action or inaction, within the period and in the manner stated in such subdivisions, the City at its option may declare a termination in favor of the City of the title, and of all the rights and interests in and to the Property conveyed by the Deed to the Redeveloper and Improvements constructed thereon, and that sucn title and all rights and interests of the Redeveloper, and any assigns or suc- cessors in interest to and in the Property and any Improvements constructed thereon, shall revert to the City: Provided, that such condition subsequent and any revesting of title as a result thereof in the City (1) shall always be subject to and limited by, and shall not defeat, render invalid, or limit in any way, (i) the lien of any mortgage authorized by the Agreement, and (ii) any rights or interests provided in the Agreement for the protection of the holders of such mortgages; and (2) shall not apply to individual parts or parcels of the Property (or, in the case of parts or parcels leased, the leasehold interest) on which the Improvements to be constructed thereon have been completed in accordance with the Agreement and for which a certificate of completion is issued therefor as provided in Section 305 hereof. In addition to and without in any way limiting the City's right to re-entry as provided for in this Section, the City shall have the right to retain the Deposit or any portion thereof, as provided in Paragraph C, Section 3 of Part I hereof, without any deduction, offset or recoupment what- soever, in the event of a default, violation or failure of the Redeveloper as specified in this Section. SECTION 705. RESALE OF REACQUIRED PROPERTY; DISPOSITION OF PROCEEDS. Upon the revesting in the City of title to the Property and any Improvements thereon, or any part thereof as provided in Section 704, the City shall, pursuant to its responsibilities under State law, use its best efforts to resell the Property or part thereof (subject to such mortgage liens and leasehold interests as in Section 704 set forth and provided) as soon and in such manner as the City shall find feasible and consistent with the objective of making or completing the Improvements or such other improvements in their stead as shall be satisfactory to the City and in accordance with the uses specified for such Property or part thereof in the Urban Renewal Plan. Upon such resale of the Property, the proceeds thereof shall be applied: (a) First, to reimburse the City, on its own behalf, for all costs and expenses incurred by the City, including but not limited to salaries of personnel, in connection with the recapture, management, and resale of the Property or part thereof (but less any income derived by the City from the Property or part thereof in connection with such management); all taxes, assessments, and water and sewer charges with respect to the Property or part thereof (or, in the event the Property is exempt from taxation or assessment or such charges during the period of ownership thereof by the City, the amount, if paid, equal to such taxes, assessments, or charges (as determined by the City assessing official) as would have been payable if the Property or part thereof at the time of revesting of title II -16 thereto in the City or to discharge or prevent from attaching or being made any subsequent encumbrances or liens due to obligations, defaults, or acts of the Redeveloper, its successors or transferees; any expenditures made or obligations incurred with respect to the making or completion or removal of the Improvements or any part thereof on the Property or part thereof; and any amounts otherwise owing the City by the Redeveloper and its successor or transferee; and (b) Second, to reimburse the Redeveloper, its successor or trans- feree, up to the amount amount equal to (1) the sum of the purchase price paid by it for the Property (or allocable to the part thereof) and the cash actually invested by it in making any of the Improvements on the Property or part thereof, unless (2) any gains or income withdrawn or made by it from the Agreement or the Property. Any balance remaining after such reimbursements shall be retained by the City as its property. ECTION 706. OTHER RIGHTS AND REMEDIES OF CITY; NO WAIVER BY DELAY. The City shall ave the right to institute such actions or proceed- ings as it may deem desirable for effectuating the purposes of this Article VII, including also the right to execute and record or file among the public land records in the office in which the Deed is recorded a written declaration of the termination of all the right, title, and interest of the Redeveloper, and (except for such individual parts or parcels upon which construction of that part of the Improvements required to be constructed thereon has been completed, in accordance with the Agreement, and for which a certi- ficate of completion as provided in Section 305 hereof is to be delivered, and subject to such mortgage liens and leasehold interests as provided in Section 704 hereof) its successors in interest and assigns, in the Property, and the revesting of title thereto in the City: Provided, that any delay by the City in instituting or prosecuting any such actions or proceedings or otherwise asserting its rights under this Article VII shall not operate as a waiver of such rights or to deprive it of or limit such rights in any way (it being the intent of this provision that the City should not be constrained (so as to avoid the risk of being deprived of or limited in the exercise of the remedy provided in this Section because of concepts of waiver, laches, estoppel, or otherwise) to exercise such remedy at a time when it may still hope otherwise to resolve the problems created by the default involved); nor shall any waiver in fact made by the City with respect to any specific default by the Redeveloper under this Section be considered or treated as a waiver of the rights of the City with respect to any other defaults by the Redeveloper under this Section or with respect to the particular default except to the extent specifically waived in writing. II -17 SECTION 707. IMPOSSIBILITY OF PERFORMANCE BY CITY PRIOR TO CONVEYANCE OF PROPERTY. Should at any time prior to the conveyance of title to any Property under this Agreement, the City of Iowa City, Iowa be enjoined from such conveyance or prevented from so doing by any order or decision or act of any judicial, legislative or executive body having authority in the premises, the City at its option may terminate this Agreement and any obligations incurred by either party shall cease. In the event of such termination, the City shall not be responsible for any damages, expenses or costs incurred by the Redeveloper by reason of such termination. It is further agreed and understood that the City shall have no liability for failure to deliver title to such Property or any part thereof to the Redeveloper after making a good faith attempt to do so. ON 708. ENFORCED DELAY IN PERFORMANCE FOR CAUSE BEYOND CONTROL OF PARTY. For the purposes of any of the provisions of the Agreement, ne tiher the City nor the Redeveloper, as the case may be, nor any successor in interest, shall be considered in breach of, or default in, its obligations with respect to this Agreement in the event of enforced delay in the performance of such obligations due to unfore- seeable causes beyond its control and without its fault or negligence, including, but not restricted to, acts of God, acts of the public enemy, acts of the other party, fires, floods, epidemics, quarantine restrictions, strikes, and usually severe weather or delays of subcontractors due to such causes; it being the purpose and intent of this provision that in the event of the occurrence of any such enforced delay, the time or times for performance of the obligations of the City or of the Redeveloper under this Agreement, as the case may be, shall be extended for the period of the enforced delay as determined by the City: Provided, That the party seeking the benefit of the provisions of this Section shall, within ten (10) days after the beginning of any such enforced delay, have first notified the other party thereof in writing, and of the cause or causes thereof, and requested an extension for the period of the enforced delay. SECTION 709. RIGHTS AND REMEDIES CUMULATIVE. The rights and remedies of the parties to the Agreement, whether provided by law or by the Agreement, shall be cumulative, and the exercise by either party of any one or more of such remedies shall not preclude the exercise by it, at the same or different times, of any other such remedies for the same default or breach or of any of its remedies for any other default or breach by the other party. No waiver made by either such party with respect to the performance, or manner or time thereof, or any obligation of the other party or any condition to its own obligation under the Agreement shall be considered a waiver of any rights of the party making the waiver with respect to the particular obligation of the other party or condition to its own obligation beyond those expressly waived in writing and to the extent thereof, or a waiver in any respect in regard to any other rights of the party making the waiver or any other obligations of the other party. II -18 SECTION 710. PARTY IN POSITION OF SURETY WITH RESPECT TO OBLIGATIONS. The Re efor ve oper, for itse f an its successors an assigns, an all other persons who are or who shall become, whether by express or implied assumption or otherwise, liable upon or subject to any obligation or burden under the Agreement, hereby waives, to the fullest extent permitted by law and equity, any and all claims or defenses otherwise available on the ground of its (or their) being or having become a person in the position of a surety, whether real, personal, or otherwise or whether by agreement or operation of law, including, without limitation on the generality of the foregoing, any and all claims and defenses based upon extension of time, indulgence, or modification of terms of contract. ARTICLE VIII. MISCELLANEOUS SECTION 801. CONFLICT OF INTERESTS; CITY REPRESENTATIVES NOT INDIVID UALLY LIABLE. No member, official, or employee of the City shall have any personal interest as defined in Chapter 403, Code of Iowa 1977, direct or indirect, in the Agreement, nor shall any such member, offical, or employee participate in any decision relating to the Agreement which affects his personal interests or the interests of any corporation, partnership, or association in which he is, directly or indirectly, interested. No member, official, or employee of the City shall be personally liable to the Redeveloper, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Rede- veloper or successor or on any obligations under the terms of the Agreement. SECTION 802. EQUAL EMPLOYMENT OPPPORTUNITY. The Redeveloper, for itits successors an se f an assigns, agrees that during the construction of the Improvements provided for in the Agreement: (a) The Redeveloper will not discriminate against any employee or applicant for employment because of race, color, religion, sex, disability, sexual orientation, marital status, or national origin. The Redeveloper will take affirmative action to insure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, disability, sexual orientation, marital status, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compen- sation; and selection for training, including apprenticeship. The Redeveloper agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the City setting forth the provisions of this nondiscrimination clause. (b) The Redeveloper will, in all solicitations or advertisements for employees placed by or on behalf of the Redeveloper, state that the Redeveloper is an equal opportunity employer. 11-19 (c) The Redeveloper will send to each labor union or representative of workers with which the Redeveloper has a collective bargaining agreement or other contract or understandin-, a notice, to be provided, advising the labor union or workers' representative of the Redeveloper's commitments under Section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (d) The Redeveloper will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (e) The Redeveloper will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor or the Secretary of Housing and Urban Development pursuant thereto, and will permit access to the Redeveloper's books, records, and accounts by the City, the Secretary of Labor for purposes in investigation to ascertain compliance with such rules, regulations, and orders. (f) In the event of the Redeveloper's noncompliance with the non- discrimination clauses of this Section, or with any of the said rules, regulations, or orders, the Agreement may be canceled, terminated, or suspended in whole or in part and the Redeveloper may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (g) The Redeveloper will include the provisions of Paragraphs (a) through (g) of this Section in every contract or purchase order, and will require the inclusion of these provisions in every subcontract entered into by any of its contractors, unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each such contractor, subcontractor, or vendor, as the case may be. The Redeveloper will take such action with respect to any construction contract, subcontract, or purchase order as the City or the Department of Housing and Urban Development may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, That in the event the Redeveloper becomes involves in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the City or the D9part- ment of Housing and Urban Development, the Redeveloper may request the United States to enter into such litigation to protect the interests of the United States. II -20 SECTION 803. PROVISIONS NOT MERGED WITH DEED. None of the provisions of the Agreement are intended to or shall be merged by reason of any deed transferring title to the Property from the City to the Redeveloper or any successor in interest, and any such deed shall not be deemed to affect or impair the provisions and covenants of the Agreement. SECTION 804. TITLES OF ARTICLES AND parts, Articles, and Sections of the F convenience of reference only and shal or interpreting any of its provisions. II -21 . Any titles of the several eement are inserted for be disregarded in construing M RESOLUTION NO. 7/ 7-17, 1 RESOLUTION AUTHORIZING THE SALE OF URBAN RENEWAL PROPERTY WHEREAS, the City of Iowa City, Iowa, has under date September 2, 1970, entered into a contract for loan and grant with the United States of America; and, WHEREAS, the City of Iowa City, Iowa, has undertaken pursuant to said contract an Urban Renewal Project known as the City -University Project I, Project Number Iowa R -N; and, WHEREAS, the City of Iowa City, Iowa, has received an entitlement of funds pursuant to the Housing and Community Development Act of 1974; and, WHEREAS, the City of Iowa City, Iowa, has pursuant to the provisions of Title 24, Part 570, Section 570.801(c), of the Code of Federal Regulations, transferred Community Development Block Grant funds to said Urban Renewal Project, and transferred control of certain real property acquired in carrying out said Urban Renewal Project to the City Council of the City of Iowa City from the City Council acting as LPA, by Resolution Number 76-446, dated December 14, 1976, and by Resolution Number 77-312, dated August 9, 1977; and, WHEREAS, the City Council of Iowa City, Iowa, caused to be issued a solicitation of Offers to Purchase Land for Private Redevelopment; and, WHEREAS, Offers to Purchase Land for Private Redevelopment were received and opened by the City of Iowa City on September 15, 1977; and, WHEREAS, the City Council of the City of Iowa City is now desireous of selling disposition Parcel 93-2 to Ervin E Lovetinsky NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that pursuant to the authority granted by Section 403 of the 1977 Code of Iowa and Section 570.801(c) of Part 570, Title 24, Code of Federal Regulations, the Mayor and City Clerk are hereby authorized and directed to execute, on behalf of the City of Iowa City, a contract for Sale of Land for Private Redevelopment by and between Ervin E Lovetinsky and the City of Iowa City, Iowa, a copy of which contract is attached hereto and incorporated herein, such land to be sold to Ervin E. Lovetinsky Disposition Parcel 93-2 , as more particularly described in said contract. Upon execution of the contract by the City and Ervin E. Lovetinsky , the City Manager is authorized and directed to prepare a deed for said property and deliver the deed to Ervin E. Lovetinsky upon receipt of payment for said property. It was moved by -9 PA VAtrL and seconded by SLQLEII. that the Resolution as read be adopted and upon roll call there were: lee, - gzo. 77-f(S"1 -2- AYES: NAYS: ABSENT: _x_ Balmer _x deProsse x Foster Neuhauser Ferret T Selzer Vevera Passed and.approved this ,7o2,nJ day of ��na��e t 1977• ATTEST: rj� City Cl k C Mayor MIS Ji "-in, ♦T'Vh Part I of CONTRACT FOR SALE OF LAND FOR PRIVATE REDEVELOPMENT By and Between Ervin E. Lovetinsky and The City of Iowa City, Iowa CONTRACT FOR SALE OF LAND FOR PRIVATE REDEVELOPMENT AGREEMENT, consisting of this Part I and Part II annexed hereto and made a part hereof (which Part I and Part II are together hereinafter called "Agreement"), made on or as of the �� day of 19by and between the City of Iowa City, Iowa, a PUNIC body corporate (which, together with any successor public body or officer hereafter designated by or pursuant to law, is hereinafter called the "City"), established pursuant to the statutes of the State of Iowa pertaining to Municipalities, Cities, Towns, and particularly Chapter 403 of the Code of Iowa as amended (hereinafter called "Urban Renewal Act") and having its office at the Civic Center in the City of Iowa City, State of Iowa, and Ervin E. Lovetinsky an individual or4a+uz� - Zf _t y— _________----------Thereinafter called "Redeveloper") and having an office for the transaction of business at 316 S. Madison Street in the City of Iowa City , County of Johnson and State of Iowa , WITNESSETH: WHEREAS, in furtherance of the objectives of the Urban Renewal Act, the City has undertaken a program for the clearance and reconstruction or rehabilitation of slum and blighted areas in the City, and in this connection is engaged in carrying out an urban renewal project (herein- after called "Project") in an area (hereinafter called the "Project Area") located in the City; and WHEREAS, as of the date of this Agreement there has been prepared and approved by the City an urban renewal plan for the Project, con- sisting of ("The Urban Renewal Plan, dated September 3, 1969, by Resolu- tion No. 2157, as amended from time to time and as it may hereafter be further amended pursuant to law, and as so constituted, is unless other- wise indicated by the context, hereinafter called "Urban Renewal Plan"), and WHEREAS, a copy of the Urban Renewal Plan as constituted on the date of the Agreement has been recorded among the land records for the place in which the Project Area is situated, namely, in the Office of the Johnson County Recorder in Book 490 at page 408, and has been filed in the Office of the Clerk of the City located at the Civic Center in the City; and WHEREAS, in order to enable the City to achieve the objectives of the Urban Renewal Plan and particularly to make the land in the Project Area available for redevelopment by private enterprise for redevelopment in accordance with the Urban Renewal Plan, both the Federal Government and the City have undertaken to provide and have provided substantial aid and assistance through a Contract for Loan and Capital Grant dated September 2, 1970, in the case of the Federal Government; and WHEREAS, pursuant to Chapter 403, Code of Iowa as amended, the City has offered to sell and the Redeveloper is willing to purchase certain real property located in the Project Area and more particularly described in Schedule A annexed hereto and made a part hereof (which property as so described is hereinafter called "Property") and to redevelop the Property for and in accordance with the uses specified in the Urban Renewal Plan and in accordance with the Agreement; and WHEREAS, the City believes that the redevelopment of the Property pursuant to the Agreement, and the fulfillment generally of the Agree- ment, are in the vital and best interests of the City and the health, safety, morals, and welfare of its residents, and in accord with the public purposes and provisions of the applicable Federal, State, and local laws and requirements under which the Project has been undertaken; and WHEREAS, the City has acquired title to certain property described in Schedule A hereof: NOW, THEREFORE, in consideration of the premises and the mutual obligations of the parties hereto, each of them does hereby covenant and agree with the other as follows: SECTION 1. SALE: PURCHASE PRICE Subject to all the terms, covenants, and conditions of the Agree- ment, the City will sell the property described in Schedule A hereof to the Redeveloper for, and the Redeveloper will purchase the property from the City and pay therefore, the amounts set forth in Schedule a hereof, subject to the terms and conditions of Section 2 of this Agreement. The amounts set forth in Schedule a, hereinafter called "Purchase Price," are to be paid in cash or by certified check simultaneously with the delivery of the deeds conveying the property to the Redeveloper. SECTION 2. CONVEYANCE OF PROPERTY (a) Form of Deed. The City shall convey to the Redeveloper title to t e property by Special Warranty Deed (hereinafter called "Deed"). Such conveyance and title shall, in addition to the condition subsequently provided for in Section 704, Part II, hereof, and to all other conditions, covenants, and restric- tions set forth or referred to elsewhere in the Agreement, be subject to: (1) Such easements as it shall have been necessary, pursuant to the Urban Renewal Plan, for the City to reserve, for itself or for future dedication or grant, for sewers, drains, water and gas distribution lines, electric, telephone, and telegraph installations, rights-of-way and access, or as described or referred to in "Schedule A," description of property, attached hereto and referenced as a part hereof; (2) All conditions, covenants and restrictions contained in said Urban Renewal Plan and Part I and II of this Contract. -2- (b) Time and Place forDeliver of Deeds. The City shall deliver the Dee an possess on of the property to the Redeveloper upon payment of the purchase price in full upon such dates as called for in this Agreement. Conveyance shall be made at the principal office of the City and the Redeveloper shall accept such conveyance and pay to the City at such time and place the purchase price in full for each parcel delivered. (c) Recordation of Deeds. The Redeveloper shall promptly file the Deeds for recor ation among the land records of Johnson County, Iowa. The Redeveloper shall pay all costs (including the cost of the State documentary stamp tax on the Deeds, for which stamps in the proper amount shall be affixed to the Deeds by the Redeveloper), for so recording said Deed. (d) Delivery of the Abstract. The City will furnish to the Rede- veloper in advance of the closing on each parcel, an abstract of title showing good marketable title in the City of Iowa City, Iowa, free and clear of all taxes, assessments or other encumbrances except as hereinbefore specified. The abstracts of title shall be at City expense and will be certified by a qualified abstracting company to the close of business as the closest practical date prior to the date of the deed of con- veyance. The cost of obtaining an attorney's examination of the abstracts for title opinion and/or the cost of obtaining title insurance, if required, shall be at the expense of the Redeveloper. (e) Delive�r�of Pro ert . The City will deliver the property descried in Sc edu e A hereof at the time set forth in Schedule C hereof. The Redeveloper agrees to pay for and accept title of such property as called for in this Agreement and agrees to begin development promptly on the property conveyed within the time called for in this Agreement. Failure by the Redeveloper to pay for and accept delivery of the urban renewal land as called for herein will result in forfeiture of the deposits posted with the City by the Redeveloper attributable to such property, without limiting the City as to other remedies against the Redeveloper. In the event the City is unable to deliver the property as called for in Schedule C to the Redeveloper, the Redeveloper shall have the option of rescinding the development contract only as to such parcels in default by causing a written notice to be served upon the City of the exercise of such option. Upon receipt by the City of this notice, the City shall have sixty (60) days to cure the default by tendering the property covered in the notice to the Redeveloper. If the City is unable to cure the default within the sixty (60) days as provided herein, the Redeveloper shall, at its option, stand relieved of its obligation to accept the parcel or parcels involved and the City shall, in such event, promptly refund that portion of the Redeveloper's deposit attributable to such parcels to the Redeveloper. It is expressly understood and agreed that the City shall have no other liability, direct or indirect, to the Redeveloper on account of delay or inability to deliver land to the Redeveloper as -3- called for in this Agreement and the Redeveloper's remedy in the event of default by the City in delivery of urban renewal land is hereby specifically limited to rescinding the contract as to such land as provided in this paragraph. (f) Default by Redeveloper. In the event the Redeveloper fails to accept delivery of and pay for one or more parcels of property, as called for in this Agreement, the City may, at its option, call the entire Agreement, or the Agreement as it applies to any part of the property, in default, serve a proper notice of forfeiture upon the Redeveloper and terminate this Agreement in its entirety except that forfeiture of this Agreement shall not relieve the Redeveloper of the obligations imposed by this Agreement as to property already delivered to the Redeveloper. SECTION 3. GOOD FAITH DEPOSIT (a) Amount. The Redeveloper has, prior to or simultaneously with t e execution of the Agreement by the City, delivered to the City a good faith deposit or a surety bond in the penal amount of Two thousand Dollars, (ten percent 0 of the purchase price), as-wWrh-the-City-4s-tbe ob14gee,-issued-by------------------------------------ a -surety ccmpaay-regularay-eagage -aa-t e-assuaAse-e€-sue -ua en takings -and - en- the-44st-a€-suvety-eempan4es-appreved-by- the United-States-Treasupy-for-at-least-sueh-amount;-en-cash; or a certified check satisfactory to the City in the amount of Two Thousand ($2,000) Dollars, herein- after called Deposit, as security for the performance of the obligations of the Redeveloper to be performed prior to the return of the Deposit to the Redeveloper, or its retention by the City as liquidated damages, or its application on account of the Purchase Price, as the case may be, in accordance with the Agreement. The Deposit, if cash or certified check, shall be deposited in an account of the City in a bank or trust company selected by i t. (b) Interest. The City shall be under no obligation to pay or earn interest on the Deposit, but if interest is payable thereon such interest when received by the City shall be promptly paid to the Redeveloper. (c) Retention by Cites. Upon termination of the Agreement as provided i�ections 703 and 704 of Part II hereof, the Deposit or the proceeds of the Deposit, if not theretofore returned to the Redeveloper pursuant to Paragraph (d) of this Section, including all interest payable to such Deposit or the proceeds thereof after such termination, shall be retained by the City Agency as provided in Sections 703 and 704 of Part II hereof. M (d) Return to Redeveloper. Upon termination of the Agreement as provided in Section of Part II hereof, the Deposit shall be returned to the Redeveloper by the City as provided in Section 702 of Part II hereof. SECTION 4. TIME FOR COMMENCEMENT AND COMPLETION OF IMPROVEMENTS The construction of the Improvements called for in this Agreement shall be commenced and completed in accordance with Schedule D hereof (to-be-sebm4tLed-by-Develeper-w*th-h*s-peepesal). Provided, that if a mortgage securing money loaned to finance the Improve- ments, or any part thereof, is insured by the Secretary of Housing and Urban Development, then the aforesaid completion time shall not apply, but instead the construction of the Improvements, or any part thereof, shall be completed within the time specified in the applicable Building Loan Agreement approved by the Secretary of Housing and Urban Development. SECTION 5. TIME FOR CERTAIN OTHER ACTIONS (a) Time for Submission of Preliminary Design Plans. The Rede- ve oper shall su mit Preliminary Design Pans as called for in Section 301 of Part II of this Agreement as soon as possible after the time for conveyance set forth in Schedule C hereof, and shall submit such plans in no event later than N/A (b) Time for Submission of Construction Plans. The Redeveloper shall submit construction pans as called for in Section 301 of Part II of this Agreement as soon as possible after approval of the Preliminary Design Plans by the City Council, and in no event, later than sixty (60) days prior to the time for start of construction called for in Schedule D hereof. (c) Time for Submission of Corrected Plans. In the event that Preliminary Design Pans or Construction Plans are rejected by the City, as set forth in Section 301 of Part II of this Agreement, the Redeveloper shall submit corrected plans within thirty (30) days of said rejection. (d) If any hardship shall exist in complying with the foregoing provisions of this Section, the Redeveloper may petition to the City in writing for an extension of time for performance of any part of this Section, setting forth in detail the reasons for needing such extension. SECTION 6. PERIOD OF DURATION OF COVENANT ON USE The covenants pertaining Paragraph (a) of Section effect from the date of specified or referred to automatically extend for changed by the City Coun to the use of the Property, set forth in 401 of Part II hereof, shall remain in the Deed until October 2, 1994, the period in the Urban Renewal Plan, and shall five year periods thereafter, unless :il. -5- SECTION 7. NOTICES AND DEMANDS. A notice, demand, or other communication under the Agreement by either party to the other shall be sufficiently given or delivered if it is dispatched by registered or certified mail, postage prepaid, return receipt requested, or delivered personally, and (i) in the case of the Redeveloper, is addressed to or delivered personally to the Redeveloper at Ervin E. Lovet 316 S. Madison Street Iowa City, Iowa 52240 (ii) in the case of the City, is addressed to or delivered personally to the: City Manager Civic Center 410 E. Washington St. Iowa City, IA 52240 or at such other address with respect to either such party as that may, from time to time, designate in writing and forward to the other as provided in this Section. SECTION 8. COUNTERPARTS The Agreement is executed in three (3) counterparts, each of which shall constitute one and the same instruments. SECTION 9. ADDED PROVISIONS Notwithstanding any other provision in this contract no interest in this property shall be conveyed, assignable or otherwise conveyed during the period of duration of covenant of use specified in Section 6 of this contract without prior written approval by the City. The City shall not withhold approval should said interest in this property be conveyed, assigned or otherwise transferred as part of the larger parcel composed of the north 5 feet of Lot 6 and all of Lot 7 Block 93 original town, Iowa City, in Johnson County, Iowa, according to the recorded plat thereof. IN WITNESS WHEREOF, the City has caused the Agreement to be duly executed in its name and behalf by its Mayor and its seal to be hereunto duly affixed and attested by its City Clerk, and the Redeveloper has caused the Agreement to be duly executed in its name and behalf by its himself and--i-ts-corporate--,ea-1 ta-be•4io'-ounta-duLy-affixed and -atteste-by-ais-Secretar-4Uon or as of the day first above written. M CITY OF IOWA CITY, IOWA BY: MAYOR 4 ATTEST: ATTEST: N/A SECRETARY -7- Ervin E. Lovetinsky REDEVELOPER !�/tel T, e INDIVIDUAL ACKNOWLEDGEMENT STATE OF Iowa :ss COUNTY OF Johnson pp On this g,a /r"' -day of A.D. , W77 , before me, D. Keith Borchardt a Notary Public in and for said County and State, personally appeared Ervin E. Lovetinsky to me known to be the identical person -----------named in and who executed the foregoing instrument, and acknowledged that he executed the same as his voluntary act and deed. IN WITNESS WHEREOF, I have hereunto signed my name and affixed my Notarial Seal the day and year last above written. Notary Public in and for Johnson County, State of Iowa My Commission expires =30 CP In SCHEDULE A LEGAL DESCRIPTION All that certain parcel or parcels of land located in the City of Iowa City, County of Johnson, State of Iowa, more particularly described as follows, to wit: The north 45 feet of Lot 7, Block 93, Iowa City, Johnson County, Iowa, according to the recorded plat thereof. PARCEL NO. 93-2 SCHEDULE 0 PRICE OFFERE -10- PRICE $19,995 SCHEDULE C TIME FOR CONVEYANCE PARCEL NO. DATE 93-2 November 30, 1977 SCHEDULE D Improvements on the parcel listed below will commence and be completed in accordance with the following schedule: PARCEL NO. COMMENCE ESTIMATED COMPLETION 93-2 N/A -12- N/A Part II of CONTRACT FOR SALE OF LAND FOR PRIVATE REDEVELOPMENT By and Between ERVIN E. LOVETINSKY and The City of Iowa City, Iowa ARTICLE I. PREPARATION OF PROPERTY FOR REDEVELOPMENT SECTION 101. DEMOLITION AND SITE CLEARANCE. It is agreed that the City shall convey and the redeveloper shall accept the property set forth in Schedule A of this agreement AS IS and it is expressely agreed that the City makes no warranty, express or implied, regarding subsurface conditions and that the City shall have no liability for any damages arising from subsurface conditions. It is further agreed that any contracts or specifications for site demolition and clearance which may have been examined by the redeveloper were examined for information purposes only, and that the City shall assume no liability for any defects or variance from the specifications for work previously completed. SECTION 102. EXPENSES, INCOME, AND SALVAGE. All expenses, including current taxes, if any, relating to buildings or other structures demolished or to be demolished in accordance with Section 101 hereof shall be borne by, and all income or salvage received as result of the demolition of such buildings or structures shall belong to the City. ON 103. CITY'S RESPONSIBILITIES FOR CERTAIN OTHER ACTIONS. The City, without expense to the Redeveloper or assessment or claim against the property, shall cause the restriction of traffic and construction of public improvements on existing street rights-of- way, and the construction of parking structures as specifically set forth in the Urban Renewal Plan. Provided, the City reserves the right to make future modifications to the traffic circulation system and to the public improvements when such changes are deemed necessary and in the public interest, and further Provided in the event that the City, after a good faith attempt to do so, is unable to construct the parking structures due to an inability to issue revenue bonds, the City shall be without liability to the developer or the developer's assigns. (a) Installation of Public Utilities - The installation or re- location by the City or public utility company of such sewers, drains, water and gas distribution lines, electric, telephone, and telegraph lines and all other public utility lines, installations, and facilities as are necessary to be installed or relocated on or in connection with the Property by reason of the redevelopment contemplated by the Urban Renewal Plan and the development of the Property: Provided, that the City shall not be responsible for, nor bear any portion of the cost of, installing the necessary utility connections within the boundaries of the Property between the Improvements to be constructed on the Property by the Redeveloper and the water, sanitary sewer, and storm drain mains or other public utility lines owned by the City or by any public utility company within or without such boundaries, or electric, gas, telephone, or other public utility lines owned by any public utility company within or without such boundaries, and the Redeveloper shall secure any permits required for any such installation without cost or expense to the City. ON 104. WAIVER OF CLAIMS AND JOINING IN PETITIONS BY REDEVELOPER. The Redeveloper hereby waives as the purchaser of the Property under the Agreement and as the owner after the conveyance of the Property provided for in the Agreement) any and all claims to awards of damages, if any, to compensate for the closing, vacation, restriction, change of restriction or change of grade of any street, alley, or other public right-of-way within or fronting or abutting on, or adjacent to, the Property which, pursuant to Section 103 hereof, is to be closed or vacated, or the grade of which is to be changed, and shall upon the request of the City subscribe to, and join with, the City in any petition or proceeding required for such vacation, dedication, change of grade, and, to the extent necessary, rezoning, and execute any waiver or other document in respect thereof. ARTICLE II. RIGHTS OF ACCESS TO PROPERTY SECTION 201. RIGHT OF ENTRY FOR UTILITY SERVICE. The City reserves for itself, the City, and any public utility company, as may be appro- priate, the unqualified right to enter upon the Property at all reasonable times for the purpose of reconstructing, maintaining, repairing, or servicing the public utilities located within the Property boundary lines and provided for in the easements described or referred to in Paragraph (a), Section 2 of Part I hereof. SECTION 202. REDEVELOPER NOT TO CONSTRUCT OVER UTILITY EASEMENTS. The Redeveloper shall not construct any building or other structure or improvement on, over, or within the boundary lines of any easement for public utilities described or referred to in Paragraph (a), Section 2 of Part I hereof, unless such construction is provided for in such easement or has been approved in writing by the City Engineer, or the authorized representative of an affected public utility. SECTION 203. ACCESS TO PROPERTY. Prior to the conveyance of the Property by the City to the Redeveloper, the City shall permit representatives of the Redeveloper to have access to any Property to which the City holds title, at all reasonable times for the purpose of obtaining data and making various tests concerning the Property necessary to carry out the Agreement. After the con- veyance of the Property by the City to the Redeveloper, the Re- developer shall permit employees, agents or representatives of the City access to the Property at all reasonable times for the pur- poses of the Agreement, including, but not limited to, inspection of all work being performed in connection with the construction of the Improvements. No compensation shall be payable nor shall any charge be made in any form by any party for the access provided for in this Section. II -2 ARTICLE III. CONSTRUCTION PLANS; CONSTRUCTION OF IMPROVEMENTS; CERTIFICATE OF COMPLETION ION 301. PLANS FOR CONSTRUCTION OF IMPROVEMENTS. Whenever used in this Agreement the term "preliminary design plans" shall include a site plan and preliminary plans for Improvements which clearly show the size, location, and external appearance of any structures, along with such other information as is necessary to fully deter- mine the intentions of the redeveloper. The term "construction plans" shall mean all plans, specifications, drawings, or other information required to be submitted for issuance of any permit called for by applicable codes and ordinance. The term "Improve- ments", as used in this Agreement, shall be deemed to make reference to any buildings, structures, renovations, or other improvements, as provided for and specified in this Agreement, preliminary design plans, and construction plans. The Redeveloper shall, prior to the construction of the Improve- ments called for in this Agreement, submit for approval by the City Council preliminary design plans, and such other information as is necessary for the City Council to fully determine the intentions of the redeveloper. Such plans shall be submitted no later than the time specified therefor in Paragraph (a), Section 5, of Part I hereof. It is expressly understood that the preliminary design plans shall be submitted to review by the City's Design Review Committee. Approval of such preliminary design plans by the City Council shall in no way relieve the redeveloper of the respon- sibility for obtaining all required permits and otherwise fully complying with all applicable state and local codes and ordinances. Following approval of preliminary design plans by the City Council the redeveloper shall submit construction plans and other informa- tion necessary to obtain all permits required by applicable codes and ordinances. The preliminary design plans, as defined herein, shall in any event, be deemed approved by the City Council unless rejection thereof in writing shall be set forth by the City within forty (40) days after the date of their receipt by the City Clerk. If the City so rejects such preliminary design plans in whole or in part, the Redeveloper shall submit new or corrected preliminary design plans which correct the defect set forth in the rejection, within the time specified therefor in Paragraph C, Section 5, of Part I hereof. The provisions of this section relating to approval, rejection, and resubmission of corrected preliminary design plans herein above provided with respect to the original plans shall continue to apply until the preliminary design plans have been approved by the City Council. All work with respect to the Improvements to be constructed or provided by the redeveloper on the property shall be in conformity with the preliminary design plans as approved by the City Council. Construction plans called for herein shall be consistent with and logical extensions of the preliminary design plans approved by the City Council. II -3 SECTION 302. CHANut� IN CONSTRUCTION PLANS. If the Kedeveloper desires to make any changes in the pre iminary design plans after their approval by the City Council, the Redeveloper shall submit the proposed change to the City Council for its approval. Changes in construction plans as defined herein, may be approved by the Department of Housing and Inspection Services, provided that such changes will not cause the Improvement to be constructed in a manner not consistent with the preliminary design plans as approved by Council. SECTION 303. COMMENCEMENT AND COMPLETION OF CONSTRUCTION OF IMPROVEMENTS. The Redeveloper agrees for itself, its successors and assigns, and every successor in interest to the Property, or any part thereof, and the Deed shall contain covenants on the part of the Redeveloper for itself and such successors and assigns, that the Redeveloper, and such successors and assigns, shall promptly begin and diligently pursue to completion the redevelopment of the Property through the construction of the Improvements thereon, and that such construction shall in any event be begun within the period specified in Section 4 of Part I hereof and be completed within the period specified in such Section 4. It is intended and agreed, and the Deed shall so expressly provide, that such agreements and covenants shall be covenants running with the land and that they shall, in any event, and without regard to technical classification or designation, legal or otherwise, and except only as otherwise specifically provided in the Agreement itself, be, to the fullest extent permitted by law and equity, binding for the benefit of the community and the City and enforceable by the City against the Redeveloper and its successors and assigns to or of the Property or any part thereof or any interest therein. SECTION 304. PROGRESS REPORTS. Subsequent to conveyance of the Property, or any part thereof, to the Redeveloper, and until construction of the Improvements has been completed, as set forth in Section 305 hereof, the Redeveloper shall make reports, set forth the status of Improvements, construction schedule, and such other information as may reasonably be requested by the City, as to the actual progress of the Redeveloper with respect to such construction. SECTION 305. CERTIFICATE OF COMPLETION. (a) Within thirty (30) days after completion of the Improvements in accordance with those provisions of the Agreement relating solely to the obligations of the Redeveloper to construct the Improvements (including the dates for beginning and completion thereof), the City will furnish the Redeveloper with an appro- priate instrument so certifying. Such certification by the City shall be (and it shall be so provided in the Deed and in the certification itself) a conclusive determination of satis- faction and termination of the agreements and covenants in the dates for the beginning and completion thereof: Provided, II -4 that if there is upon the Property a mortgage insured, or held or owned, by the Federal Housing Administration and the Federal Housing Administration shall have determined that all buildings constituting a part of the Improvements and covered by such mortgage are, in fact, substantially completed in accordance with the plans and are ready for occupancy, then, in such event, the City and the Redeveloper shall accept the deter- mination of the Federal Housing Administration as to such completion of the construction of the Improvements in accor- dance with the plans, and, if the other agreements and covenants in the Agreement obligating the Redeveloper in respect of the construction and completion of the Improvements have been fully satisfied, the City shall forthwith issue its certifi- cation provided for in this Section. Such certification and such determination shall not constitute evidence of compliance with or satisfaction of any obligation of the Redeveloper to any holder of a mortgage, or any insurer of a mortgage, securing money loaned to finance the Improvements, or any part thereof. (b) With respect to such individual parts or parcels of the Property which, if so provided in Part I hereof, the Redeveloper may convey or lease as the Improvements to be constructed thereon are completed, the City will also, upon proper completion of the Improvements relating to any such part or parcel, furnish the Redeveloper with an appropriate instrument, certifying that such Improvements relating to any such part or parcel have been made in accordance with the provisions of the Agree- ment. Such certification shall mean and provide (1) that any party purchasing or leasing such individual part or parcel pursuant to the authorization herein contained shall not (because of such purchase or lease) incur any obligation with respect to the construction of the Improvements relating to such part or parcel or to any other part or parcel of the Property; and (2) that neither the City nor any other party shall thereafter have or be entitled to exercise with respect to any such individual part or parcel so sold (or, in the case of lease, with respect to the leasehold interest) any rights or remedies or controls that it may otherwise have or be entitled to exercise with respect to the construction of Improvements as called for herein. (c) Each certification provided for in this Section shall be in such form as will enable it to be recorded in the proper office for the recordation of deeds and other instruments pertaining to the Property, including the Deed. If the City shall refuse or fail to provide any certification in accor- dance with the provisions of this Section, the City shall, within thirty (30) days after written request by the Rede- veloper, provide the Redeveloper with a written statement, indicating in adequate detail in what respects the Redeveloper has failed to complete the Improvements in accordance with the provisions of the Agreement, or is otherwise in default, and what measures or acts it will be necessary, in the opinion of the City, for the Redeveloper to take or perform in order to obtain such certification. II -5 ARTICLL ... RESTRICTIONS UPON USE OF f :RTY SECTION 401. RESTRICTIONS ON USE. The Redeveloper agrees for itself, and its successors and assigns, and every successor in interest to the Property, or any part thereof, and the Deed shall contain covenants on the part of the Redeveloper for itself, and such successors and assigns, that.the Redeveloper, and such successors and assigns, shall: (a) Devote the Property to, and only to and in accordance with, the uses specified in the Urban Renewal Plan; and (b) Not discriminate upon the basis of race, color, creed, religion, age, disability, sex or national origin in the sale, lease, or rental or in the use or occupancy of the Property or any improvements erected or to be erected thereon, or any part thereof. (c) All advertising (including signs) for sale and/or rental of the whole or any part of the Property shall include the legend, "An Open Occupancy Building" in type or lettering of easily leqible size and design. The word "Project" or "Development" may be substituted for the word "Building" where circumstances require such substitution. (d) Comply with the regulations issued by the Secretary of Housing and Urban Development set forth in 37 F.R. 22732-3 and all applicable rules and orders issued thereunder which prohibit the use of lead-based paint in residential structures under- going federally -assisted construction or rehabilitation and require the elimination of lead-based paint hazards. SECTION 402. COVENANTS: BINDING UPON SUCCESSORS IN INTERESTS: PERIOD OF DURATION. It is intended and agreed, and the Deed shall so expressly prow fe, that the agreements and covenants provided in Section 401 hereof shall be covenants running with the land and that they shall, in any event, and without regard to technical classification or designation, legal or otherwise, and except only as otherwise specifically provided in the Agreement, be binding, to the fullest extent permitted by law and equity, for the benefit and in favor of, and enforceable by, the City, its successors and assigns, any successor in interest to the Property, or any part thereof, and the United States (in the case of the covenant provided in subdivision (b) of Section 401 hereof), against the Redeveloper, its successors and assigns and every successor in interest to the Property, or any part thereof or any interest therein, and any party in possession or occupancy of the Property or any part thereof. It is further intended and agreed that the agreement and covenant provided in subdivision (a) of Section 401 hereof shall remain in effect for the period of time, or until the date, specified or referred to in Section 6 of Part I hereof (at which time such agreement and covenant shall terminate) and that the agreements and covenants provided in II -6 subdivision (! f Section 401 hereof shall rer in effect without limitation as to time: Provided, that such agreements and covenants shall be binding on the Redeveloper itself, each successor in interest to the Property, and every part thereof, and each party in possession or occupancy, respectively, only for such period as such successor or party shall have title to, or an interest in, or possession or occupancy of, the Property or part thereof. The terms "uses specified in the Urban Renewal Plan" and "land use" referring to provisions of the Urban Renewal Plan, or similar language, in the Agreement shall include the land and all building, housing, and other requirements or restrictions of the Urban Renewal Plan pertaining to such land. SECTION 403. CITY AND UNITED STATES RIGHTS TO'ENFORCE. In amplifica- tion, and not in restriction of, the provision of the preceding Section, it is intended and agreed that the City and its successors and assigns shall be deemed beneficiaries of the agreements and covenants provided in Section 401 hereof, and the United States shall be deemed a beneficiary of the covenant provided in sub- division (b) of Section 401 hereof, both for and in their or its own right and also for the purposes of protecting the interests of the community and other parties, public or private, in whose favor or for whose favor or for whose benefit such agreements and covenants have been provided. Such agreement and covenants shall (and the Deed shall so state) run in favor of the City and the United States, for the entire period during which such agreements and covenants shall be in force and effect, without regard to whether the City or the United States has at any time been, remains, or in an owner of any land or interest therein to or in favor of which such agreements and covenants relate. The City shall have the right, in the event of any breach of any such agreement or covenant, and the United States shall have the right in the event of any breach of the covenant provided in subdivision (b) of Section 401 hereof, to exercise all the rights and remedies, and to maintain any actions or suits at law or in equity or other proper proceedings to enforce the curing of such breach of agreement or covenant, to which it or any other beneficiaries of such agreement or covenant may be entitled. ARTICLE V. PROHIBITIONS AGAINST ASSIGNMENT AND TRANSFER SECTION 501. REPRESENTATIONS AS TO REDEVELOPMENT. The Redeveloper represents and agrees that its purchase of the Property, and its other undertakings pursuant to the Agreement, are, and will be used, for the purpose of the redevelopment of the Property and not for speculation in land holding. The Redeveloper further recognizes that, in view of (a) the importance of the redevelopment of the Property to the general welfare of the community; (b) the substantial financing and other public aids that have been made available by law and by the Federal and local Governments for the purpose of making such redevelopment possible; and (c) the fact that a transfer of the stock in the Redeveloper or of a substantial part thereof, or any other act or transaction II -7 involving or resulting in a significant change in the owner- ship or distribution of such stock or with respect to the identity of the parties in control of the Redeveloper or the degree thereof, is for practical purposes a transfer or disposition of the Property then owned by the Redeveloper, the qualifications and identity of the Redeveloper, and its stock- holders, are of particular concern to the community and the City. The Redeveloper further recognizes that it is because of the recog- nition of such qualifications and identity that the City is entering into the Agreement with the Redeveloper, and, in so doing, the City is further willing to accept and rely on the obligations of the Redeveloper for the faithful performance of all undertakings and covenants in the Agreement. ON 502. PROHIBITION AGAINST TRANSFER OF OWNERSHIP OR CONTROL OF REDEVELOPER. For the foregoing reasons, the Redeveloper agrees for itself, and all persons holding an interest therein, their heirs, successors and assigns that there shall be no change or transfer of ownership or control by any person or combination of persons owning or controlling ten (10) percent or more interest in the Redeveloper through sale, assignment, merger, increased, capitalization or by any other means, without the express written approval of the City. With respect to this provision, the Rede- veloper and the parties signing the Agreement on behalf of the Redeveloper represent that they have the authority of all persons holding interest therein to agree to this provision on their behalf and to bind them with respect thereto. SECTION 503. PROHIBITION AGAINST TRANSFER OF PROPERTY AND ASSIGNMENT OF AGREEMENT. Also, for the foregoing reasons the Redeveloper represents and agrees for itself, and its successors and assigns, that: (a) Except only (1) by way of security for, and only for, (i) the purpose of obtaining financing necessary to enable the Redeveloper or any successor in interest to the Property, or any part thereof, to perform its obligations with respect to making the Improvements under the Agreement, and (ii) any other purpose authorized by the Agreement, and (2) as to any individual parts or parcels of the Property on which the Improvements to be constructed thereon have been completed, and which, by the terms of the Agreement, the Redeveloper is authorized to convey or lease as such Improvements are completed, the Redeveloper (except as so authorized) has not made or created, and that it will not, prior to the proper completion of the Improve- ments as certified by the City, make or create, or suffer to be off.] made or created, any total or partial sale, assignment, conveyance, or lease, or any trust or power, or transfer in any other mode or form of or with respect to the Agreement or the Property, or any part thereof or any interest therein, or any contract or agreement to do any of the same, without the prior written approval of the City: Provided, that prior to the issuance by the City of the certificate provided by in Section 306 hereof as to completion of construction of the Improvements, the Redeveloper may enter into any agreement to sell, lease, or otherwise transfer, after the issuance of such certificate, the Property or any part thereof or interest therein, which agreement shall not provide for payment of or on account of the purchase price or rent for the Property, or the part thereof or the interest therein to be so transferred, prior to the issuance of such certificate. (b) The City shall be entitled to require, except as otherwise provided in the Agreement, as conditions to any such approval that: (1) Any proposed transferee shall have the qualifications and financial responsibility, as determined by the City, necessary and adequate to fulfill the obligations under- taken in the Agreement by the Redeveloper (or, in the event the transfer is of or relates to part of the Property, such obligations to the extent that they relate to such part). (2) Any proposed transferee, by instrument in writing satis- factory to the City and in form recordable among the land records, shall, for itself and its successors and assigns, and expressly for the benefit of the City, have expressly assumed all of the obligations of the Redeveloper under the Agreement and agreed to be subject to all the condi- tions and restrictions to which the Redeveloper is sub- ject (or, in the event the transfer is of or relates to part of the Property, such obligations, conditions, and restrictions to the extent that they relate to such part): Provided, that any instrument or agreement which purports to transfer any interest whatsoever caused by this agreement without the express written approval of the City, is null and void. (3) There shall be submitted to the City for review all instruments and other legal documents involved in effecting transfer; and if approved by the City, its approval shall be indicated to the Redeveloper in writing. (4) The consideration payable for the transfer by the trans- feree or on its behalf shall not exceed an amount repre- senting the actual cost (including carrying charges) to the Redeveloper of the Property (or allocable to the part thereof or interest therein transferred) and the Improve- ments, if any, theretofore made thereon by it; it being the intent of this provision to preclude assignment of the Agreement or transfer of the Property for profit II -9 prio the issuance of the certific of completion as set forth in Section 306 of this Agreement. The City shall be entitled to increase the Purchase Price to the Redeveloper by the amount that the consideration payable for the assignments or transfer is in excess of the amount that may be authorized pursuant to this sub- division (4), and such consideration shall, to the extent it is in excess of the amount so authorized, belong to and forthwith be paid to the City. (5) The Redeveloper and its transferee shall comply with such other conditions as the City may find desirable in order to achieve and safeguard the purposes of the Urban Renewal Act and the Urban Renewal Plan. Provided, that in the absence of specific written agreement by the City to the contrary, no such transfer or approval by the City thereof shall be deemed to relieve the Redeveloper, or any other party bound in any way by the Agreement or otherwise with respect to the construction of the Improvements, from any of its obli- gations with respect thereto. SECTION 504. INFORMATION AS TO HOLDERS OF INTEREST IN REDEVELOPER. In order to assist in the effectuation of the purposes of t is Article V and the statutory objectives generally, the Redeveloper agrees that during the period between execution of the Agreement and completion of the Improvements as certified by the City, (a) the Redeveloper will promptly notify the City of any and all changes whatsoever in the ownership or control of interest, legal or beneficial, or of any other act or transaction involving or resulting in any change in the ownership of such interest or in the relative distribution thereof, or with respect to the identity of the parties in control of the Redeveloper or the degree thereof, of which it or any of its officers have been notified or otherwise have knowledge or information; and (b) the Redeveloper shall at such time or times as the City may request, furnish the City with a complete statement, sub- scribed and sworn to by the President or other executive officer of the Redeveloper, setting forth all of the holders of interest in the Redeveloper and the extent of their re- spective holdings, and in the event any other parties have a beneficial interest in such holdings their names and the extent of such interest, all as determined or indicated by the records of the Redeveloper, any specific inquiry made by any such officer, of all parties who on the basis of all such records own ten (10) percent or more of the interest in the Redeveloper, and by such other knowledge or information as such officer shall have. Such lists, data, and information shall in any event be furnished the City immediately prior to the delivery of the Deed to the Redeveloper and as a condition precedent thereto, and annually thereafter on the anniversary of the date of the Deed until the issuance of a certificate of completion of all the Property. II -10 ARTICLE VI. MORTGAGE FINANCING; RIGHTS OF MORTGAGEES SECTION 601. LIMITATION UPON ENCUMBRANCE OF PROPERTY. Prior to the completion of the Improvements, as certified by the City, neither the Redeveloper nor any successor in interest to the Property or any part thereof shall engage in any financing or any other trans- action creating any mortgage or other encumbrance or lien upon the Property, whether by express agreement or operation of law, or suffer any encumbrance or lien to be made on or attach to the Property, except for the purposes of obtaining (a) funds only to the extent necessary for making the Improvements, and (b) such additional funds, if any, in an amount not to exceed the Purchase Price paid by the Redeveloper to the City. The Redeveloper (or successor in interest) shall notify the City in advance of any financing, secured by mortgage or other similar lien instrument, it proposes to enter into with respect to the Property, or any part thereof, and in any event it shall promptly notify the City of any encumbrance or lien that has been created on or attached to the Property, whether by voluntary act of the Redeveloper or otherwise. For the purposes of such mortgage financing as may be made pursuant to the Agreement, the Property may, at the option of the Redeveloper (or successor in interest), be divided into several parts or parcels, provided that such subdivision, in the opinion of the City, is not inconsistent with the purposes of the Urban Renewal plan and the Agreement and is approved in writing by the City. SECTION 602. MORTGAGEE NOT OBLIGATED TO CONSTRUCT. Notwithstanding any of the provisions of the Agreement, including but not limited to those which are or are intended to be covenants running with the land, the holder of any mortgage authorized by the Agreement (includ- ing any such holder who obtains title to the Property or any part thereof as a result of foreclosure proceedings, or action in lieu thereof, but not including (a) any other party who thereafter obtains title to the Property or such part from or through such holder, or (b) any other purchaser at foreclosure sale other than the holder of the mortgage itself) shall in no wise be obligated by the provisions of the Agreement to construct or complete the Improve- ments or to guarantee such construction or completion; nor shall any covenant or any other provision in the Deed be construed to so obligate such holder: Provided, that nothing in this Section or any other Section or provision of the Agreement shall be deemed or construed to permit or authorize any such holder to devote the Property or any part thereof to any uses, or to construct any improvements thereon, other than those uses or improvements provided or permitted in the Urban Renewal Plan and in the Agreement. SECTION 603. COPY OF NOTICE OF DEFAULT TO MORTGAGEL. Whenever the City shall deliver any notice or demand to the Redeveloper with respect to any breach or default by the Redeveloper in its obligations or covenants under the Agreement, the City shall at the same time forward a copy of such notice or demand to each holder of any mortgage authorized by the Agreement at the last address of such holder shown in the records of the City. SECTION 604. MORTGAGEE'S OPTION TO CURE DEFAULTS. After any breach or default referred to in Section 603 ereo , each such holder shall (insofar as the rights of the City are concerned) have the right, at its option, to cure or remedy such breach or default (or such breach or default to the extent that it relates to the part of the Property covered by its mortgage) and to add the cost thereof to the mortgage debt and the lien of its mortgage: Provided, that if the breach or default is with respect to construction of the Improvements, nothing contained in this Section or any other Section of the Agreement shall be deemed to permit or authorize such holder, either before or after foreclosure or action in lieu thereof, to undertake or continue the construction or completion of the Improvements (beyond the extent necessary to conserve or protect Improvements or construction already made) without first having expressly assumed the obligation to the City, by written agreement satisfactory to the City, to complete, in the manner provided in the Agreement, the Improvements on the Property or the part thereof to which the lien or title of such holder relates. Any such holder who shall properly complete the Improvements relating to the Property or applicable part thereof shall be entitled, upon written request made to the City, to a certification or certifications by the City to such effect in the manner provided in Section 305 of the Agreement, and any such certification shall, if so requested by such holder mean and provide that any remedies or rights with respect to recapture of or reversion or revesting of title to the Property that the City shall have or be entitled to because of failure of the Redeveloper or any successor in interest to the Property, or any part thereof, to cure or remedy any default with respect to the construction of the Improvements on other parts or parcels of the Property, or became of any other default in or breach of the Agreement by the Redeveloper or such successor, shall not apply to the part or parcel of the Property to which such certification relates. SECTION 605. In any veloper of any CITY'S OPTION TO PAY MORTGAGE DEBT OR PURCHASE PROP case, where, subsequent to default or breach by the Heae- (or successor in interest) under the Agreement, the holder mortgage on the Property or part thereof (a) has, but does not exercise, the option to construct or complete the Improvements relating to the Property or part thereof covered by its mortgage or to which it has obtained title, and such failure continues for a period of sixty (60) days after the holder has been notified or informed of the default or breach; or (b) undertakes construction or completion of zne Improvements but does not complete such construction within the period as agreed upon by the City and such holder (which period shall in any event be at least as long as the period prescribed for such construction or completion in the Agreement), and such default shall not have been cured within sixty (60) days after written demand by the City so to do, the City shall (and every mortgage instrument made prior to comple- tion of the Improvements with respect to the Property by the Re- developer or successor in interest shall so provide) have the option of paying to the holder the amount of the mortgage debt and securing an assignment of the mortgage and the debt secured thereby, or, in the event ownership of the Property (or part thereof) has vested in such holder by way of foreclosure or action in lieu thereof, the City shall be entitled, at its option, to a conveyance to it of the Property or part thereof (as the case may be) upon payment to such holder of an amount equal to the sum of: (i) the mortgage debt at the time of foreclosure or action in lieu thereof (less all appropriate credits, including those resulting from collection and application of rentals and other income received during foreclosure proceedings); (ii) all expenses with respect to the foreclosure; (iii) the net expense, if any (exclusive of general overhead), incurred by such holder in and as a direct result of the subsequent management of the Property; (iv) the costs of any Improve- ments made by such holder; and (v) an amount equivalent to the interest that would have accrued on the aggregate of such amounts had all such amounts become part of the mortgage debt and such debt had continued in existence. SECTION 606. CITY'S OPTION TO CURE MORTGAGE DEFAULT. In the event of a default or breach prior to the completion of the Improvements by the Redeveloper, or any successor in interest, in or of any of its obliqations under, and to the holder of, any mortgage or other instrument creating an encumbrance or lien upon the Property or part thereof, the City may at its option cure such default or breach, in which cases the City shall be entitled, in addition to and without limitation upon any other rights or remedies to which it shall be entitled by the Agreement, operation of law, or other- wise, to reimbursement from the Redeveloper or successor in interest of all costs and expenses incurred by the City in curing such default or breach and to a lien upon the Property (or the part thereof to which the mortgage, encumbrance, or lien relates) for such reimbursement: Provided, that any such lien shall be subject always to the lien of including any lien contemplated, because of advances yet to be made, by) any then existing mortgages on the Property authorized by the Agreement. SECTION 607. MORTGAGE AND HOLDER. For the purposes of the Agreement: The term "mortgage" shall include a deed of trust or other instrument creating an encumbrance or lien upon the Property, or any part thereof, as security for a loan. The term "holder" in reference to a mortgage shall include any insurer or guarantor of any obligation II -13 or condition s, ed by such mortgage or deed o ust, including, but not limited to, the Federal Housing Commissioner, the Admin- istrator of Veterans Affairs, and any successor in office of either such official. ARTICLE VII. REMEDIES SECTION 701. IN GENERAL. Except as otherwise provided in the Agree- ment, in the event of any default in or breach of the Agreement, or any of its terms or conditions, by either party hereto, or any successor to such party, such party (or successor) shall, upon written notice from the other, proceed immediately to cure or remedy such default or breach, and, in any event, within sixty (60) days after receipt of such notice. In case such action is not taken or not diligently pursued, or the default or breach shall not be cured or remedied within a reasonable time, the aggrieved party may institute such proceedings as may be necessary or desirable in its opinion to cure and remedy such default or breach, including, but not limited to, proceedings to compel specific performance by the party in default or breach of its obligations. SECTION 702. TERMINATION BY REDEVELOPER PRIOR TO CONVEYANCE. In the event that the City does not tender conveyance of the Property, or possession thereof, in the manner and condition, and by the date, provided in this Agreement, and any such failure shall not be cured within sixty (60) days after the date of written demand by the Redeveloper, and the City is unable to demonstrate, to the rea- sonable satisfaction of the Redeveloper that the defects, cloud, or other deficiencies in or on title involved, or the part of the property to which it relates, is of such nature that the Rede- veloper will not be hampered or delayed in the construction of the improvements by taking title and possession subject to such defects, the City will refund to the Developer any good faith deposit tendered by the Redeveloper for such property or the portion of said good faith deposit reasonable allocable to the portion of the property not conveyed and this agreement with respect to the property not conveyed shall be terminated, provided, it is hereby expressly agreed that in the event this agreement is terminated pursuant to this Section each party to this agreement shall be solely responsible for all expenses incurred or obligated by it and shall have no claim against the other party. SECTION 703. TERMINATION BY CITY PRIOR TO CONVEYANCE. In the event that prior to conveyance of the Property to the Redeveloper, the Redeveloper is in violation of Section 502 of Part II of this Agreement or the Redeveloper does not pay the Purchase Price and take title to the Property upon tender of conveyance by the City pursuant to this Agreement, or the Redeveloper fails to cure any default or failure within thirty (30) days from the date of written demand by the City, then this Agreement, and any rights of the Redeveloper, or any assignee or transferee, in this Agreement, or arising therefrom with respect to the City or the Property, shall, at the option of the City, be terminated by the City, in which event, as provided in Paragraph C, Section 3 of Part I hereof, the II -14 Deposit or any portion thereof may he retained by the City as liquidated damages and as its property without any deduction, offset, or recoupment whatsoever, and neither the Redeveloper (or assignee or transferee) nor the City shall have any further rights against or liability under this Agreement to the other in respect to the property or part thereof for which the deposit has been retained. ON 704. REVESTING TITLE IN CITY SUBSEQUENT TO CONVEYANCE TO REDEVE In the event that subsequent to conveyance of the Property or any part thereof to the Redeveloper and prior to completion of the Improvements as certified by the City (a) the Redeveloper does not submit plans as required by the Agreement in satisfactory form and in the manner and by the dates respectively provided in this Agreement; or (b) the Redeveloper (or successor in interest) shall default in or violate its obligations with respect to the construction of the Improvements (including the nature and the dates of for the beginning and completion thereof), or shall abandon or substantially suspend construction work, and any such default, violation, abandonment, or suspension shall not be cured, ended, or remedied within ninety (90) days after written demand by the City; or (c) the Redeveloper (or successor in interest) shall fail to pay real estate taxes or assessments on the Property or any part thereof when due, or shall place thereon any encumbrance or lien unauthorized by the Agreement, or shall suffer any levy or attachment to be made, or any materialmen's or mechanics' lien, or any other unauthorized encumbrance or lien to attach, and such taxes or assessments shall not have been paid, or the encumbrance or lien removed or discharged or provision satis- factory to the City made for such payment, removal, or discharge, within ninety (90) days after written demand by the City; or (d) the Redeveloper violates the provision of Section 502 of Part II of this Agreement and such violation shall not be cured within sixty (60) days after written demand by the City to the Redeveloper, then the City shall have the right to re-enter and take possession of the Property and all Improvements located thereon and to terminate (and revest in the City) the property conveyed by the Deed to the Redeveloper, it being the intent of this provision, together with other provisions of the Agreement, that the conveyance of the Property to the Redeveloper shall be made upon, and that the Deed shall contain, a condition subsequent to the effect that in the event of any default, failure, violation, or other action or iiaction by the Redeveloper specified in subdivisions (a), (b), (c) and (d) of this Section 704, failure on the part of the Redeveloper to remedy, end, or abrogate such default, failure, violation, or other action or inaction, within the period and in the manner stated in such subdivisions, the City at its option may declare a termination in favor of the City of the title, and of all the rights and interests in and to the Property conveyed by the Deed to the Redeveloper and Improvements constructed thereon, and that such title and all rights and interests of the Redeveloper, and any assigns or suc- cessors in interest to and in the Property and any Improvements constructed thereon, shall revert to the City: Provided, that such condition subsequent and any revesting of title as a result thereof in the City (1) shall always be subject to and limited by, and shall not defeat, render invalid, or limit in any way, (i) the lien of any mortgage authorized by the Agreement, and (ii) any rights or interests provided in the Agreement for the protection of the holders of such mortgages; and (2) shall not apply to individual parts or parcels of the Property (or, in the case of parts or parcels leased, the leasehold interest) on which the Improvements to be constructed thereon have been completed in accordance with the Agreement and for which a certificate of completion is issued therefor as provided in Section 305 hereof. In addition to and without in any way limiting the City's right to re-entry as provided for in this Section, the City shall have the right to retain the Deposit or any portion thereof, as provided in Paragraph C, Section 3 of Part I hereof, without any deduction, offset or recoupment what- soever, in the event of a default, violation or failure of the Redeveloper as specified in this Section. SECTION 705. RESALE OF REACQUIRED PROPERTY; DISPOSITION OF PROCEEDS. Upon the revesting in the City of title to the Property and any Improvements thereon, or any part thereof as provided in Section 704, the City shall, pursuant to its responsibilities under State law, use its best efforts to resell the Property or part thereof (subject to such mortgage liens and leasehold interests as in Section 704 set forth and provided) as soon and in such manner as the City shall find feasible and consistent with the objective of making or completing the Improvements or such other improvements in their stead as shall be satisfactory to the City and in accordance with the uses specified for such Property or part thereof in the Urban Renewal Plan. Upon such resale of the Property, the proceeds thereof shall be applied: (a) First, to reimburse the City, on its own behalf, for all costs and expenses incurred by the City, including but not limited to salaries of personnel, in connection with the recapture, management, and resale of the Property or part thereof (but less any income derived by the City from the Property or part thereof in connection with such management); all taxes, assessments, and water and sewer charges with respect to the Property or part thereof (or, in the event the Property is exempt from taxation or assessment or such charges during the period of ownership thereof by the City, the amount, if paid, equal to such taxes, assessments, or charges (as determined by the City assessing official) as would have been payable if the Property or part thereof at the time of revesting of title II -16 thereto in the City or to discharge or prevent from attaching or being made any subsequent encumbrances or liens due to obligations, defaults, or acts of the Redeveloper, its successors or transferees; any expenditures made or obligations incurred with respect to the making or completion or removal of the Improvements or any part thereof on the Property or part thereof; and any amounts otherwise owing the City by the Redeveloper and its successor or transferee; and (b) Second, to reimburse the Redeveloper, its successor or trans- feree, up to the amount amount equal to (1) the sum of the purchase price paid by it for the Property (or allocable to the part thereof) and the cash actually invested by it in making any of the Improvements on the Property or part thereof unless (2) any gains or income withdrawn or made by it from the Agreement or the Property. Any balance remaining after such reimbursements shall be retained by the City as its property. ION 706. OTHER RIGHTS AND REMEDIES OF CITY; NO WAIVER BY DELAY. The City sFa_Tl have the right to institute such actions or proceed- ings as it may deem desirable for effectuating the purposes of this Article VII, including also the right to execute and record or file among the public land records in the office in which the Deed is recorded a written declaration of the termination of all the right, title, and interest of the Redeveloper, and (except for such individual parts or parcels upon which construction of that part of the Improvements required to be constructed thereon has been completed, in accordance with the Agreement, and for which a certi- ficate of completion as provided in Section 305 hereof is to be delivered, and subject to such mortgage liens and leasehold interests as provided in Section 704 hereof) its successors in interest and assigns, in the Property, and the revesting of title thereto in the City: Provided, that any delay by the City in instituting or prosecuting any such actions or proceedings or otherwise asserting its rights under this Article VII shall not operate as a waiver of such rights or to deprive it of or limit such rights in any way (it being the intent of this provision that the City should not be constrained (so as to avoid the risk of being deprived of or limited in the exercise of the remedy provided in this Section because of concepts of waiver, laches, estoppel, or otherwise) to exercise such remedy at a time when it may still hope otherwise to resolve the problems created by the default involved); nor shall any waiver in fact made by the City with respect to any specific default by the Redeveloper under this Section be considered or treated as a waiver of the rights of the City with respect to any other defaults by the Redeveloper under this Section or with respect to the particular default except to the extent specifically waived in writing. II -17 SECTION 707. IMPOSSIBILITY OF PERFORMANCE BY CITY PRIOR TO CONVEYANCE OF PROPERTY. Should at any time prior to the conveyance of title to any Property under this Agreement, the City of Iowa City, Iowa be enjoined from such conveyance or prevented from so doing by any order or decision or act of any judicial, legislative or executive body having authority in the premises, the City at its option may terminate this Agreement and any obligations incurred by either party shall cease. In the event of such termination, the City shall not be responsible for any damages, expenses or costs incurred by the Redeveloper by reason of such termination. It is further agreed and understood that the City shall have no liability for failure to deliver title to such Property or any part thereof to the Redeveloper after making a good faith attempt to do so. SECTION 708. ENFORCED DELAY IN PERFORMANCE FOR CAUSE BEYOND CONTROL OF PARTY. For the purposes of any of the provisions of the Agreement, ne tiher the City nor the Redeveloper, as the case may be, nor any successor in interest, shall be considered in breach of, or default in, its obligations with respect to this Agreement in the event of enforced delay in the performance of such obligations due to unfore- seeable causes beyond its control and without its fault or negligence, including, but not restricted to, acts of God, acts of the public enemy, acts of the other party, fires, floods, epidemics, quarantine restrictions, strikes, and usually severe weather or delays of subcontractors due to such causes; it being the purpose and intent of this provision that in the event of the occurrence of any such enforced delay, the time or times for performance of the obligations of the City or of the Redeveloper under this Agreement, as the case may be, shall be extended for the period of the enforced delay as determined by the City: Provided, That the party seeking the benefit of the provisions of this Section shall, within ten (10) days after the beginning of any such enforced delay, have first notified the other party thereof in writing, and of the cause or causes thereof, and requested an extension for the period of the enforced delay. SECTION 709. RIGHTS AND REMEDIES CUMULATIVE. The rights and remedies of the parties to the Agreement, whether provided by law or by the Agreement, shall be cumulative, and the exercise by either party of any one or more of such remedies shall not preclude the exercise by it, at the same or different times, of any other such remedies for the same default or breach or of any of its remedies for any other default or breach by the other party. No waiver made by either such party with respect to the performance, or manner or time thereof, or any obligation of the other party or any condition to its own obligation under the Agreement shall be considered a waiver of any rights of the party making the waiver with respect to the particular obligation of the other party or condition to its own obligation beyond those expressly waived in writing and to the extent thereof, or a waiver in any respect in regard to any other rights of the party making the waiver or any other obligations of the other party. II -18 710. PARTY IN TY WITH RESPECT The Re eve aper, for itse f and its successors and assigns, and fo all other persons who are or who shall become, whether by express or implied assumption or otherwise, liable upon or subject to any obligation or burden under the Agreement, hereby waives, to the fullest extent permitted by law and equity, any and all claims or defenses otherwise available on the ground of its (or their) being or having become a person in the position of a surety, whether real, personal, or otherwise or whether by agreement or operation of law, including, without limitation on the generality of the foregoing, any and all claims and defenses based upon extension of time, indulgence, or modification of terms of contract. ARTICLE VIII. 801. CONFLICT OF INTERES MISCELLANEOUS REPRESENTATIVES NOT IND UAE -LY --LIABLE. No member, official, or employee of the City snail have any personal interest as defined in Chapter 403, Code of Iowa 1977, direct or indirect, in the Agreement, nor shall any such member, offical, or employee participate in any decision relating to the Agreement which affects his personal interests or the interests of any corporation, partnership, or association in which he is, directly or indirectly, interested. No member, official, or employee of the City shall be personally liable to the Redeveloper, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Rede- veloper or successor or on any obligations under the terms of the Agreement. SECTION 802. EqUAL EMPLOYMENT OPPPORTUNITY. The Redeveloper, for itse f and its successors an assigns, agrees that during the construction of the Improvements provided for in the Agreement: (a) The Redeveloper will not discriminate against any employee or applicant for employment because of race, color, religion, sex, disability, sexual orientation, marital status, or national origin. The Redeveloper will take affirmative action to insure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, disability, sexual orientation, marital status, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compen- sation; and selection for training, including apprenticeship. The Redeveloper agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the City setting forth the provisions of this nondiscrimination clause. (b) The Redeveloper will, in all solicitations or advertisements for employees placed by or on behalf of the Redeveloper, state that the Redeveloper is an equal opportunity employer. 11-19 (c) The Redeveloper will send to each labor union or representative of workers with which the Redeveloper has a collective bargaining agreement or other contract or understandinn, a notice, to be provided, advising the labor union or workers' representative of the Redeveloper's commitments under Section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (d) The Redeveloper will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (e) The Redeveloper will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor or the Secretary of Housing and Urban Development pursuant thereto, and will permit access to the Redeveloper's books, records, and accounts by the City, the Secretary of Labor for purposes in investigation to ascertain compliance with such rules, regulations, and orders. (f) In the event of the Redeveloper's noncompliance with the non- discrimination clauses of this Section, or with any of the said rules, regulations, or orders, the Agreement may be canceled, terminated, or suspended in whole or in part and the Redeveloper may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (g) The Redeveloper will include the provisions of Paragraphs (a) through (g) of this Section in every contract or purchase order, and will require the inclusion of these provisions in every subcontract entered into by any of its contractors, unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each such contractor, subcontractor, or vendor, as the case may be. The Redeveloper will take such action with respect to any construction contract, subcontract, or purchase order as the City or the Department of Housing and Urban Development may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, That in the event the Redeveloper becomes invoved— in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the City or the Depart- ment of Housing and Urban Development, the Redeveloper may request the United States to enter into such litigation to protect the interests of the United States. II -20 SECTION 803. PROVISIONS NOT MERGED WITH DEED. None of the provisions of the Agreement are intended to or shall be merged by reason of any deed transferring title to the Property from the City to the Redeveloper or any successor in interest, and any such deed shall not be deemed to affect or impair the provisions and covenants of the Agreement. SECTION 804. TITLES OF ARTICLES AND SECTIONS. Any titles of the several parts, Articles, and Sections of the Agreement are inserted for convenience of reference only and shall be disregarded in construing or interpreting any of its provisions. II -21 t i"1-1 - i � RESOLUTION NO. _`f% —/KSoZ RESOLUTION AUTHORIZING THE SALE OF URBAN RENEWAL PROPERTY WHEREAS, the City of Iowa City, Iowa, has under date September 2, 1970, entered into a contract for loan and grant with the United States of America; and, WHEREAS, the City of Iowa City, Iowa, has undertaken pursuant to said contract an Urban Renewal Project known as the City -University Project I, Project Number Iowa R-1)4; and, WHEREAS, the City of Iowa City, Iowa, has received an entitlement of funds pursuant to the Housing and Community Development Act of 1974; and, WHEREAS, the City of Iowa City, Iowa, has pursuant to the provisions of Title 24, Part 570, Section 570.801(c), of the Code of Federal Regulations, transferred Community Development Block Grant funds to said Urban Renewal Project, and transferred control of certain real property acquired in carrying out said Urban Renewal Project to the City Council of the City of Iowa City from the City Council acting as LPA, by Resolution Number 76-446, dated December 14, 1976, and by Resolution Number 77-312, dated August 9, 1977; and, WHEREAS, the City Council of Iowa City, Iowa, caused to be issued a solicitation of Offers to Purchase Land for Private Redevelopment; and, WHEREAS, Offers to Purchase Land for Private Redevelopment were received and opened by the City of Iowa City on September 15, 1977; and, WHEREAS, the City Council of the City of Iowa City is now desireous of selling disposition Parcel 101-1 to Perpetual Savings and Loan Associationj a corporation NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that pursuant to the authority granted by Section 403 of the 1977 Code of Iowa and Section 570.801(c) of Part 570, Title 24, Code of Federal Regulations, the Mayor and City Clerk are hereby authorized and directed to execute, on behalf of the City of Iowa City, a contract for Sale of Land for Private Redevelopment by and between Perpetual Savings and Loan Association, a corporation _ and the City of Iowa City, Iowa, a copy of which contract is attached hereto and incorporated herein, such land to be sold to Perpetual Savin s and an Association Disposition Parcel - Loan more particularly described in said contract. Upon execution of the contract by the City and Perpetual Savin¢s and Loan Association the City Manager is authorized and directed to prepare a deed for said property and deliver the deed to Perpetual Savings and Loan Association upon receipt of payment for said property. It was moved by 2eIZe\r and seconded by �ev ret that the Resolution as read be adopted and upon roll call there were: I ka, )U, 79-Ksa _2_ AYES: NAYS: ABSENT: Balmer deProsse Foster Neuhauser -- Perret Selzer Vevera Passed and approved this day of ;t��Qit� , 1977. ATTEST: (2L City C1 rk /Al 11 AA11",f,F.&U Mayor 1?ECr;IV`r, . I• `•,TSD "N - - a� CONTRACT FOR SALE OF LAND FOR PRIVATE REDEVELOPMENT AGREEMENT, consisting of this Part I and Part II annexed hereto and made a part hereof (which Part I and Part II are together hereinafter called "Agre ent"), made �on or as of the ;? 3. n,L day of 191, by and etween the City of Iowa City, Iowa, a public boy corporate (which, together with any successor public body or officer hereafter designated by or pursuant to law, is hereinafter called the "City"), established pursuant to the statutes of the State of Iowa pertaining to Municipalities, Cities, Towns, and particularly Chapter 403 of the Code of Iowa as amended (hereinafter called "Urban Renewal Act") and having its office at the Civic Center in the City of Iowa City, State of Iowa, and Perpetual Savings $ Loan Association a corporation organized and existing under the laws o the State of Iowa hereinafter called "Redeveloper") and having an office for the transaction of business at 110 Second Ave., S.E. in the City of Cedar Rapids , County o Linn , an State of Iowa , WITNESSETH: WHEREAS, in furtherance of the objectives of the Urban Renewal Act, the City has undertaken a program for the clearance and reconstruction or rehabilitation of slum and blighted areas in the City, and in this connection is engaged in carrying out an urban renewal project (herein- after called "Project") in an area (hereinafter called the "Project Area") located in the City; and WHEREAS, as of the date of this Agreement there has been prepared and approved by the City an urban renewal plan for the Project, con- sisting of ("The Urban Renewal Plan, dated September 3, 1969, by Resolu- tion No. 2157, as amended from time to time and as it may hereafter be further amended pursuant to law, and as so constituted, is unless other- wise indicated by the context, hereinafter called "Urban Renewal Plan"), and WHEREAS, a copy of the Urban Renewal Plan as constituted on the date of the Agreement has been recorded among the land records for the place in which the Project Area is situated, namely, in the Office of the Johnson County Recorder in Book 490 at page 408, and has been filed in the Office of the Clerk of the City located at the Civic Center in the City; and WHEREAS, in order to enable the City to achieve the objectives of the Urban Renewal Plan and particularly to make the land in the Project Area available for redevelopment by private enterprise for redevelopment in accordance with the Urban Renewal Plan, both the Federal Government and the City have undertaken to provide and have provided substantial aid and assistance through a Contract for Loan and Capital Grant dated September 2, 1970, in the case of the Federal Government; and WHEREAS, pursuant to Chapter 403, Code of Iowa as amended, the City has offered to sell and the Redeveloper is willing to purchase certain real property located in the Project Area and more particularly described -1- in Schedule A annexed hereto and made a part hereof (which property as so described is hereinafter called "Property") and to redevelop the Property for and in accordance with the uses specified in the Urban Renewal Plan and in accordance with the Agreement; and WHEREAS, the City believes that the redevelopment of the Property pursuant to the Agreement, and the fulfillment generally of the Agree- ment, are in the vital and best interests of the City and the health, safety, morals, and welfare of its residents, and in accord with the public purposes and provisions of the applicable Federal, State, and local laws and requirements under which the Project has been undertaken; and WHEREAS, the City has acquired title to certain property described in Schedule A hereof: NOW, THEREFORE, in consideration of the premises and the mutual obligations of the parties hereto, each of them does hereby covenant and agree with the other as follows: SECTION 1. SALE: PURCHASE PRICE Subject to all the terms, covenants, and conditions of the Agree- ment, the City will sell the property described in Schedule A hereof to the Redeveloper for, and the Redeveloper will purchase the property from the City and pay therefore, the amounts set forth in Schedule D hereof, subject to the terms and conditions of Section 2 of this Agreement. The amounts set forth in Schedule D, hereinafter called "Purchase Price," are to be paid in cash or by certified check simultaneously with the delivery of the deeds conveying the property to the Redeveloper. SECTION 2. CONVEYANCE OF PROPERTY (a) Form of Deed. The City shall convey to the Redeveloper title to t e property by Special Warranty Deed (hereinafter called "Deed"). Such conveyance and title shall, in addition to the condition subsequently provided for in Section 704, Part II, hereof, and to all other conditions, covenants, and restric- tions set forth or referred to elsewhere in the Agreement, be subject to: (1) Such easements as it shall have been necessary, pursuant to the Urban Renewal Plan, for the City to reserve, for itself or for future dedication or grant, for sewers, drains, water and gas distribution lines, electric, telephone, and telegraph installations, rights-of-way and access, or as described or referred to in "Schedule A," description of property, attached hereto and referenced as a part hereof; (2) All conditions, covenants and restrictions contained in said Urban Renewal Plan and Part I and II of this Contract. -2- Part I of CONTRACT FOR SALE OF LAND FOR PRIVATE REDEVELOPMENT By and Between Perpetual Savings and Loan Association and The City of Iowa City, Iowa (b) Time and Place for Delivery of Deeds. The City shall deliver the Deed and possession of the property to the Redeveloper upon payment of the purchase price in full upon such dates as called for in this Agreement. Conveyance shall be made at the principal office of the City and the Redeveloper shall accept such conveyance and pay to the City at such time and place the purchase price in full for each parcel delivered. (c) Recordation of Deeds. The Redeveloper shall promptly file the Dees for recor ation among the land records of Johnson County, Iowa. The Redeveloper shall pay all costs (including the cost of the State documentary stamp tax on the Deeds, for which stamps in the proper amount shall be affixed to the Deeds by the Redeveloper), for so recording said Deed. (d) Delivery of the Abstract. The City will furnish to the Rede- veloper in advance of The closing on each parcel, an abstract of title showing good marketable title in the City of Iowa City, Iowa, free and clear of all taxes, assessments or other encumbrances except as hereinbefore specified. The abstracts of title shall be at City expense and will be certified by a qualified abstracting company to the close of business as the closest practical date prior to the date of the deed of con- veyance. The cost of obtaining an attorney's examination of the abstracts for title opinion and/or the cost of obtaining title insurance, if required, shall be at the expense of the Redeveloper. (e) Deli�ver�of Pro ert . The City will deliver the property esci ribed in Sc e u e A hereof at the time set forth in Schedule C hereof. The Redeveloper agrees to pay for and accept title of such property as called for in this Agreement and agrees to begin development promptly on the property conveyed within the time called for in this Agreement. Failure by the Redeveloper to pay for and accept delivery of the urban renewal land as called for herein will result in forfeiture of the deposits posted with the City by the Redeveloper attributable to such property, without limiting the City as to other remedies against the Redeveloper. In the event the City is unable to deliver the property as called for in Schedule C to the Redeveloper, the Redeveloper shall have the option of rescinding the development contract only as to such parcels in default by causing a written notice to be served upon the City of the exercise of such option. Upon receipt by the City of this notice, the City shall have sixty (60) days to cure the default by tendering the property covered in the notice to the Redeveloper. If the City is unable to cure the default within the sixty (60) days as provided herein, the Redeveloper shall, at its option, stand relieved of its obligation to accept the parcel or parcels involved and the City shall, in such event, promptly refund that portion of the Redeveloper's deposit attributable to such parcels to the Redeveloper. It is expressly understood and agreed that the City shall have no other liability, direct or indirect, to the Redeveloper on account of delay or inability to deliver land to the Redeveloper as -3- called for in this Agreement and the Redeveloper's remedy in the event of default by the City in delivery of urban renewal land is hereby specifically limited to rescinding the contract as to such land as provided in this paragraph. (f) Default by Redeveloper. In the event the Redeveloper fails to accept delivery of and pay for one or more parcels of property, as called for in this Agreement, the City may, at its option, call the entire Agreement, or the Agreement as it applies to any part of the property, in default, serve a proper notice of forfeiture upon the Redeveloper and terminate this Agreement in its entirety except that forfeiture of this Agreement shall not relieve the Redeveloper of the obligations imposed by this Agreement as to property already delivered to the Redeveloper. SECTION 3. GOOD FAITH DEPOSIT (a) Amount. The Redeveloper has, prior to or simultaneously with t e execution of the Agreement by the City, delivered to the City a good faith deposit or a surety bond in the penal amount of N/A Dollars, (ten percent 0 of the purchase price), in which the City is the obligee, issued by N/A a surety company regularly engaged in the issuance of suc un er takings and on the list of surety companies approved by the United States Treasury for at least such amount, or cash, or a certified check satisfactory to the City in the amount of Two thousand five hundred ($2500)--------- Dollars, herein- after called 'Deposit, as security for the performance of the obligations of the Redeveloper to be performed prior to the return of the Deposit to the Redeveloper, or its retention by the City as liquidated damages, or its application on account of the Purchase Price, as the case may be, in accordance with the Agreement. The Deposit, if cash or certified check, shall be deposited in an account of the City in a bank or trust company selected by i t. (b) Interest. The City shall be under no obligation to pay or earn interest on the Deposit, but if interest is payable thereon such interest when received by the City shall be promptly paid to the Redeveloper. (c) Retention b Com. Upon termination of the Agreement as provided inSections 703 and 704 of Part II hereof, the Deposit or the proceeds of the Deposit, if not theretofore returned to the Redeveloper pursuant to Paragraph (d) of this Section, including all interest payable to such Deposit or the proceeds thereof after such termination, shall be retained by the City Agency as provided in Sections 703 and 704 of Part II hereof. M (d) Return to Redeveloper. Upon termination of the Agreement as provides in Section 702 of Part II hereof, the Deposit shall be returned to the Redeveloper by the City as provided in Section 702 of Part II hereof. SECTION 4. TIME FOR COMMENCEMENT AND COMPLETION OF IMPROVEMENTS The construction of the Improvements called for in this Agreement shall be commenced and completed in accordance with Schedule D hereof (te-be-sdbm4tted-by-Develepee-with-his-pxepesa�). Provided, that if a mortgage securing money loaned to finance the Improve- ments, or any part thereof, is insured by the Secretary of Housing and Urban Development, then the aforesaid completion time shall not apply, but instead the construction of the Improvements, or any part thereof, shall be completed within the time specified in the applicable Building Loan Agreement approved by the Secretary of Housing and Urban Development. SECTION 5. TIME FOR CERTAIN OTHER ACTIONS (a) Time for Submission of Preliminary Design Plans. The Rede- veloper shall submit Preliminary Design Pans as called for in Section 301 of Part II of this Agreement as soon as possible after the time for conveyance set forth in Schedule C hereof, and shall submit such plans in no event later than 180 days after execution of this agreement. (b) Time for Submission of Construction Plans. The Redeveloper shall submit construction pans as called for in Section 301 of Part II of this Agreement as soon as possible after approval of the Preliminary Design Plans by the City Council, and in no event, later than sixty (60) days prior to the time for start of construction called for in Schedule D hereof. (c) Time for Submission of Corrected Plans. In the event that Preliminary Design Pans or Construction Plans are rejected by the City, as set forth in Section 301 of Part II of this Agreement, the Redeveloper shall submit corrected plans within thirty (30) days of said rejection. (d) If any hardship shall exist in complying with the foregoing provisions of this Section, the Redeveloper may petition to the City in writing for an extension of time for performance of any part of this Section, setting forth in detail the reasons for needing such extension. SECTION 6. PERIOD OF DURATION OF COVENANT ON USE The covenants pertaining to the use of the Property, set forth in Paragraph (a) of Section 401 of Part II hereof, shall remain in effect from the date of the Deed until October 2, 1994, the period specified or referred to in the Urban Renewal Plan, and shall automatically extend for five year periods thereafter, unless changed by the City Council. -5- SECTION 7. NOTICES AND DEMANDS. A notice, demand, or other communication under the Agreement by either party to the other shall be sufficiently given or delivered if it is dispatched by registered or certified mail, postage prepaid, return receipt requested, or delivered personally, and (i) in the case of the Redeveloper, is addressed to or delivered personally to the Redeveloper at Perpetual Savings and Loan Association 110 Second Avenue, S.E. Cedar Rapids, Iowa 52403 AND (ii) in the case of the City, is addressed to or delivered personally to the: City Manager Civic Center 410 E. Washington St. Iowa City, IA 52240 or at such other address with respect to either such party as that may, from time to time, designate in writing and forward to the other as provided in this Section. SECTION 8. COUNTERPARTS The Agreement is executed in three (3) counterparts, each of which shall constitute one and the same instruments. SECTION 9. ADDED PROVISIONS Notwithstanding any other provision in this contract no interest in this property shall be conveyed, assignable or otherwise conveyed during the period of duration of covenant of use specified in Section 6 of this contract without prior written approval by the City. The City shall not withhold approval should said interest in this property be conveyed, assigned or otherwise transferred as part of the larger parcel composed of the east 195 feet of the north 120 feet of Block 101, Iowa City, Iowa, according to the recorded plat thereof. IN WITNESS WHEREOF, the City has caused the Agreement to be duly executed in its name and behalf by its Mayor and its seal to be hereunto duly affixed and attested by its City Clerk, and the Redeveloper has caused the Agreement to be duly executed in its name and behalf by its and its corporate seal to be hereunto duly affixed and attested by its Secretary, on or as of the day first above written. M ATTEST: aLL CITY CLERK ATTEST: SECRE RY CITY OF IOWA CITY, IOWA BY: MAYOR Perpetual Savings and Loan Association REDEVELOPER BY: RESIDENT -7- CORPORATE ACKNOWLEDGEMENT STATE 01: Iowa :tis COUNTY OF Linn On this day of A.D. , 197,P, before me a Notary Public, in and for the ?unty of inn State of Iowa, Hal D. Haines , President, and Jackson T. Long , Secretary or Treasurer, of Perpetual Savings & Loan Association , the Corpor- ation which executed the above and foregoing instrument, who being to me known as the identical persons who signed the foregoing instrument, and by me duly sworn, each for himself, did say that they are respectively the President, and Secretary or Treasurer, of said Corporation; that (the seal affixed to said instrument is the seal of said Corporation) (Said Cer-peratien 110! -no seal) and that said instrument was by them signed and sealed on behalf of the said Corporation, by authority of its Board of Directors, and each of them acknowledged the excution of said instrument to be the voluntary act and deed of said Corporation, by it and each of them voluntarily executed. IN WITNESS WHEREOF, I have hereunto signed my name and affixed my Notarial Seal the day and year last above written. Notary Public kn and for Linn County, State of Iowa My Commission expire 10 SCHEDULE A LEGAL DESCRIPTION All that certain parcel or parcels of land located in the City of Iowa City, County of Johnson, State of Iowa, more particularly described as follows, to wit: Parcel 101-1, more particularly described as the north 50 feet of the east 25 feet of Lot 7 and the east 25 feet of Lot 8, Block 101, Iowa City, Johnson County, Iowa, according to the recorded plat thereof. 10 PARCEL NO. SCHEDULE B PRICE OFFERED -10- 77(rL $25,000 PARCEL NO. 101-1 SCHEDULE C TIME FOR CONVEYANCE -11- DATE November 30, 1977 SCHEDULE D Improvements on the parcel listed below will commence and be completed in accordance with the following schedule: PARCEL NO. COMMENCE ESTIMATED COMPLETION 101-1 May 1, 1978 May 1, 1979 -12- Part II of CONTRACT FOR SALE OF LAND FOR PRIVATE REDEVELOPMENT By and Between PERPETUAL SAVINGS AND LOAN ASSOCIATION and The City of Iowa City, Iowa ARTICLE I. PREPARATION OF PROPERTY FOR REDEVELOPMENT SECTION 101. DEMOLITION AND SITE CLEARANCE. It is agreed that the City shall convey and the redeveloper shall accept the property set forth in Schedule A of this agreement AS IS and it is expressely agreed that the City makes no warranty, express or implied, regarding subsurface conditions and that the City shall have no liability for any damages arising from subsurface conditions. It is further agreed that any contracts or specifications for site demolition and clearance which may have been examined by the redeveloper were examined for information purposes only, and that the City shall assume no liability for any defects or variance from the specifications for work previously completed. SECTION 102. EXPENSES, INCOME, AND SALVAGE. All expenses, including current taxes, if any, relating to buildings or other structures demolished or to be demolished in accordance with Section 101 hereof shall be borne by, and all income or salvage received as result of the demolition of such buildings or structures shall belong to the City. ON 103. CITY'S RESPONSIBILITIES FOR CERTAIN OTHER ACTIONS. The City, without expense to the Redeveloper or assessment or claim against the property, shall cause the restriction of traffic and construction of public improvements on existing street rights-of- way, and the construction of parking structures as specifically set forth in the Urban Renewal Plan. Provided, the City reserves the right to make future modifications to the traffic circulation system and to the public improvements when such changes are deemed necessary and in the public interest, and further Provided in the event that the City, after a good faith attempt to do so, is unable to construct the parking structures due to an inability to issue revenue bonds, the City shall be without liability to the developer or the developer's assigns. (a) Installation of Public Utilities - The installation or re- location by the City or public utility company of such sewers, drains, water and gas distribution lines, electric, telephone, and telegraph lines and all other public utility lines, installations, and facilities as are necessary to be installed or relocated on or in connection with the Property by reason of the redevelopment contemplated by the Urban Renewal Plan and the development of the Property: Provided, that the City shall not be responsible for, nor bear any portion of the cost of, installing the necessary utility connections within the boundaries of the Property between the Improvements to be constructed on the Property by the Redeveloper and the water, sanitary sewer, and storm drain mains or other public utility lines owned by the City or by any public utility company within or without such boundaries, or electric, gas, telephone, or other public utility lines owned by any public utility company within or without such boundaries, and the Redeveloper shall secure any permits required for any such installation without cost or expense to the City. ON 104. WAIVER OF CLAIMS AND JOINING IN PETITIONS BY REDEVELOPER. The Redeveloper hereby waives as the purchaser of the Property under the Agreement and as the owner after the conveyance of the Property provided for in the Agreement) any and all claims to awards of damages, if any, to compensate for the closing, vacation, restriction, change of restriction or change of grade of any street, alley, or other public right-of-way within or fronting or abutting on, or adjacent to, the Property which, pursuant to Section 103 hereof, is to be closed or vacated, or the grade of which is to be changed, and shall upon the request of the City subscribe to, and join with, the City in any petition or proceeding required for such vacation, dedication, change of grade, and, to the extent necessary, rezoning, and execute any waiver or other document in respect thereof. ARTICLE II. RIGHTS OF ACCESS TO PROPERTY SECTION 201. RIGHT OF ENTRY FOR UTILITY SERVICE. The City reserves for itself, the City, and any public utility company, as may be appro- priate, the unqualified right to enter upon the Property at all reasonable times for the purpose of reconstructing, maintaining, repairing, or servicing the public utilities located within the Property boundary lines and provided for in the easements described or referred to in Paragraph (a), Section 2 of Part I hereof. SECTION 202. REDEVELOPER NOT TO CONSTRUCT OVER UTILITY EASEMENTS. The Redeveloper shall not construct any buil ing or other structure or improvement on, over, or within the boundary lines of any easement for public utilities described or referred to in Paragraph (a), Section 2 of Part I hereof, unless such construction is provided for in such easement or has been approved in writing by the City Engineer, or the authorized representative of an affected public utility. SECTION 203. ACCESS TO PROPERTY. Prior to the conveyance of the Property by the City to the Redeveloper, the City shall permit representatives of the Redeveloper to have access to any Property to which the City holds title, at all reasonable times for the purpose of obtaining data and making various tests concerning the Property necessary to carry out the Agreement. After the con- veyance of the Property by the City to the Redeveloper, the Re- developer shall permit employees, agents or representatives of the City access to the Property at all reasonable times for the pur- poses of the Agreement, including, but not limited to, inspection of all work being performed in connection with the construction of the Improvements. No compensation shall be payable nor shall any charge be made in any form by any party for the access provided for in this Section. II -2 ARTICLE III. CONSTRUCTION PLANS; CONSTRUCTION OF IMPROVEMENTS; CERTIFICATE OF COMPLETION ION 301. PLANS FOR CONSTRUCTION OF IMPROVEMENTS. Whenever used in this Agreement the term "preliminary design plans" shall include a site plan and preliminary plans for Improvements which clearly show the size, location, and external appearance of any structures, along with such other information as is necessary to fully deter- mine the intentions of the redeveloper. The term "construction plans" shall mean all plans, specifications, drawings, or other information required to be submitted for issuance of any permit called for by applicable codes and ordinance. The term "Improve- ments", as used in this Agreement, shall be deemed to make reference to any buildings, structures, renovations, or other improvements, as provided for and specified in this Agreement, preliminary design plans, and construction plans. The Redeveloper shall, prior to the construction of the Improve- ments called for in this Agreement, submit for approval by the City Council preliminary design plans, and such other information as is necessary for the City Council to fully determine the intentions of the redeveloper. Such plans shall be submitted no later than the time specified therefor in Paragraph (a), Section 5, of Part I hereof. It is expressly understood that the preliminary design plans shall be submitted to review by the City's Design Review Committee. Approval of such preliminary design plans by the City Council shall in no way relieve the redeveloper of the respon- sibility for obtaining all required permits and otherwise fully complying with all applicable state and local codes and ordinances. Following approval of preliminary design plans by the City Council the redeveloper shall submit construction plans and other informa- tion necessary to obtain all permits required by applicable codes and ordinances. The preliminary design plans, as defined herein, shall in any event, be deemed approved by the City Council unless rejection thereof in writing shall be set forth by the City within forty (40) days after the date of their receipt by the City Clerk. If the City so rejects such preliminary design plans in whole or in part, the Redeveloper shall submit new or corrected preliminary design plans which correct the defect set forth in the rejection, within the time specified therefor in Paragraph C, Section 5, of Part I hereof. The provisions of this section relating to approval, rejection, and resubmission of corrected preliminary design plans herein above provided with respect to the original plans shall continue to apply until the preliminary design plans have been approved by the City Council. All work with respect to the Improvements to be constructed or provided by the redeveloper on the property shall be in conformity with the preliminary design plans as approved by the City Council. Construction plans called for herein shall be consistent with and logical extensions of the preliminary design plans approved by the City Council. II -3 SECTION 302. CHANUtZ) IN CONSTRUCTION PLANS. If the redeveloper desires to make any changes in the preliminary design plans after their approval by the City Council, the Redeveloper shall submit the proposed change to the City Council for its approval. Changes in construction plans as defined herein, may be approved by the Department of Housing and Inspection Services, provided that such changes will not cause the Improvement to be constructed in a manner not consistent with the preliminary design plans as approved by Council. SECTION 303. COMMENCEMENT AND COMPLETION OF CONSTRUCTION OF IMPROVEMENTS. The Redeveloper agrees for itself, its successors and assigns, and every successor in interest to the Property, or any part thereof, and the Deed shall contain covenants on the part of the Redeveloper for itself and such successors and assigns, that the Redeveloper, and such successors and assigns, shall promptly begin and diligently pursue to completion the redevelopment of the Property through the construction of the Improvements thereon, and that such construction shall in any event be begun within the period specified in Section 4 of Part I hereof and be completed within the period specified in such Section 4. It is intended and agreed, and the Deed shall so expressly provide, that such agreements and covenants shall be covenants running with the land and that they shall, in any event, and without regard to technical classification or designation, legal or otherwise, and except only as otherwise specifically provided in the Agreement itself, be, to the fullest extent permitted by law and equity, binding for the benefit of the community and the City and enforceable by the City against the Redeveloper and its successors and assigns to or of the Property or any part thereof or any interest therein. SECTION 304. PROGRESS REPORTS. Subsequent to conveyance of the Property, or any part thereof, to the Redeveloper, and until construction of the Improvements has been completed, as set forth in Section 305 hereof, the Redeveloper shall make reports, set forth the status of Improvements, construction schedule, and such other information as may reasonably be requested by the City, as to the actual progress of the Redeveloper with respect to such construction. SECTION 305. CERTIFICATE OF COMPLETION. (a) Within thirty (30) days after completion of the Improvements in accordance with those provisions of the Agreement relating solely to the obligations of the Redeveloper to construct the Improvements (including the dates for beginning and completion thereof), the City will furnish the Redeveloper with an appro- priate instrument so certifying. Such certification by the City shall be (and it shall be so provided in the Deed and in the certification itself) a conclusive determination of satis- faction and termination of the agreements and covenants in the dates for the beginning and completion thereof: Provided, II -4 that if there is upon the Property a mortgage insured, or held or owned, by the Federal Housing Administration and the Federal Housing Administration shall have determined that all buildings constituting a part of the Improvements and covered by such mortgage are, in fact, substantially completed in accordance with the plans and are ready for occupancy, then, in such event, the City and the Redeveloper shall accept the deter- mination of the Federal Housing Administration as to such completion of the construction of the Improvements in accor- dance with the plans, and, if the other agreements and covenants in the Agreement obligating the Redeveloper in respect of the construction and completion of the Improvements have been fully satisfied, the City shall forthwith issue its certifi- cation provided for in this Section. Such certification and such determination shall not constitute evidence of compliance with or satisfaction of any obligation of the Redeveloper to any holder of a mortgage, or any insurer of a mortgage, securing money loaned to finance the Improvements, or any part thereof. (b) With respect to such individual parts or parcels of the Property which, if so provided in Part I hereof, the Redeveloper may convey or lease as the Improvements to be constructed thereon are completed, the City will also, upon proper completion of the Improvements relating to any such part or parcel, furnish the Redeveloper with an appropriate instrument, certifying that such Improvements relating to any such part or parcel have been made in accordance with the provisions of the Agree- ment. Such certification shall mean and provide (1) that any party purchasing or leasing such individual part or parcel pursuant to the authorization herein contained shall not (because of such purchase or lease) incur any obligation with respect to the construction of the Improvements relating to such part or parcel or to any other part or parcel of the Property; and (2) that neither the City nor any other party shall thereafter have or be entitled to exercise with respect to any such individual part or parcel so sold (or, in the case of lease, with respect to the leasehold interest) any rights or remedies or controls that it may otherwise have or be entitled to exercise with respect to the construction of Improvements as called for herein. (c) Each certification provided for in this Section shall be in such form as will enable it to be recorded in the proper office for the recordation of deeds and other instruments pertaining to the Property, including the Deed. If the City shall refuse or fail to provide any certification in accor- dance with the provisions of this Section, the City shall, within thirty (30) days after written request by the Rede- veloper, provide the Redeveloper with a written statement, indicating in adequate detail in what respects the Redeve"oper has failed to complete the Improvements in accordance with the provisions of the Agreement, or is otherwise in default, and what measures or acts it will be necessary, in the opinion of the City, for the Redeveloper to take or perform in order to obtain such certification. II -5 ARTICLE _.. RESTRICTIONS UPON USE OF PI RTY SECTION 401. RESTRICTIONS ON USE. The Redeveloper agrees for itself, and its successors and assigns, and every successor in interest to the Property, or any part thereof, and the Deed shall contain covenants on the part of the Redeveloper for itself, and such successors and assigns, that the Redeveloper, and such successors and assigns, shall: (a) Devote the Property to, and only to and in accordance with, the uses specified in the Urban Renewal Plan; and (b) Not discriminate upon the basis of race, color, creed, religion, age, disability, sex or national origin in the sale, lease, or rental or in the use or occupancy of the Property or any improvements erected or to be erected thereon, or any part thereof. (c) All advertising (including signs) for sale and/or rental of the whole or any part of the Property shall include the legend, "An Open Occupancy Building" in type or lettering of easily leqible size and design. The word "Project" or "Development" may be substituted for the word "Building" where circumstances require such substitution. (d) Comply with the regulations issued by the Secretary of Housing and Urban Development set forth in 37 F.R. 22732-3 and all applicable rules and orders issued thereunder which prohibit the use of lead-based paint in residential structures under- going federally -assisted construction or rehabilitation and require the elimination of lead-based paint hazards. SECTION 402 SUCCESSORS IN INTER DURATION. It is intended and agreed, and the Deed shall so expressly provicTe—, that the agreements and covenants provided in Section 401 hereof shall be covenants running with the land and that they shall, in any event, and without regard to technical classification or designation, legal or otherwise, and except only as otherwise specifically provided in the Agreement, be binding, to the fullest extent permitted by law and equity, for the benefit and in favor of, and enforceable by, the City, its successors and assigns, any successor in interest to the Property, or any part thereof, and the United States (in the case of the covenant provided in subdivision (b) of Section 401 hereof), against the Redeveloper, its successors and assigns and every successor in interest to the Property, or any part thereof or any interest therein, and any party in possession or occupancy of the Property or any part thereof. It is further intended and agreed that the agreement and covenant provided in subdivision (a) of Section 401 hereof shall remain in effect for the period of time, or until the date, specified or referred to in Section 6 of Part I hereof (at which time such agreement and covenant shall terminate) and that the agreements and covenants provided in II -6 ARTICI V. RESTRICTIONS UPON USE OF )ERTY SECTION 401. RESTRICTIONS ON USE. The Redeveloper agrees for itself, and its successors and assigns, and every successor in interest to the Property, or any part thereof, and the Deed shall contain covenants on the part of the Redeveloper for itself, and such successors and assigns, that the Redeveloper, and such successors and assigns, shall: (a) Devote the Property to, and only to and in accordance with, the uses specified in the Urban Renewal Plan; and (b) Not discriminate upon the basis of race, color, creed, religion, age, disability, sex or national origin in the sale, lease, or rental or in the use or occupancy of the Property or any improvements erected or to be erected thereon, or any part thereof. (c) All advertising (including signs) for sale and/or rental of the whole or any part of the Property shall include the legend, "An Open Occupancy Building" in type or lettering of easily leqible size and design. The word "Project" or "Development" may be substituted for the word "Building" where circumstances require such substitution. (d) Comply with the regulations issued by the Secretary of Housing and Urban Development set forth in 37 F.R. 22732-3 and all applicable rules and orders issued thereunder which prohibit the use of lead-based paint in residential structures under- going federally -assisted construction or rehabilitation and require the elimination of lead-based paint hazards. SECTION 402. COVENANTS: BINDING UPON SUCCESSORS IN INTERESTS: PERIOD OF DURATION. It is inten ed an agree an t e Dee s a so expressly provide, that the agreements and covenants provided in Section 401 hereof shall be covenants running with the land and that they shall, in any event, and without regard to technical classification or designation, legal or otherwise, and except only as otherwise specifically provided in the Agreement, be binding, to the fullest extent permitted by law and equity, for the benefit and in favor of, and enforceable by, the City, its successors and assigns, any successor in interest to the Property, or any part thereof, and the United States (in the case of the covenant provided in subdivision (b) of Section 401 hereof), against the Redeveloper, its successors and assigns and every successor in interest to the Property, or any part thereof or any interest therein, and any party in possession or occupancy of the Property or any part thereof. It is further intended and agreed that the agreement and covenant provided in subdivision (a) of Section 401 hereof shall remain in effect for the period of time, or until the date, specified or referred to in Section 6 of Part I hereof (at which time such agreement and covenant shall terminate) and that the agreements and covenants provided in II -6 subdivision 1 of Section 401 hereof shall ri n in effect without limizaLion as to time: Provided, that such agreements and covenants shall be binding on the Redeveloper itself, each successor in interest to the Property, and every part thereof, and each party in possession or occupancy, respectively, only for such period as such successor or party shall have title to, or an interest in, or possession or occupancy of, the Property or part thereof. The terms "uses specified in the Urban Renewal Plan" and "land use" referring to provisions of the Urban Renewal Plan, or similar language, in the Agreement shall include the land and all building, housing, and other requirements or restrictions of the Urban Renewal Plan pertaining to such land. SECTION 403. CITY AND UNITED STATES RIGHTS TO ENFORCE. In amplifica- tion, and not in restriction of, the provision of the preceding Section, it is intended and agreed that the City and its successors and assigns shall be deemed beneficiaries of the agreements and covenants provided in Section 401 hereof, and the United States shall be deemed a beneficiary of the covenant provided in sub- division (b) of Section 401 hereof, both for and in their or its own right and also for the purposes of protecting the interests of the community and other parties, public or private, in whose favor or for whose favor or for whose benefit such agreements and covenants have been provided. Such agreement and covenants shall (and the Deed shall so state) run in favor of the City and the United States, for the entire period during which such agreements and covenants shall be in force and effect, without regard to whether the City or the United States has at any time been, remains, or in an owner of any land or interest therein to or in favor of which such agreements and covenants relate. The City shall have the right, in the event of any breach of any such agreement or covenant, and the United States shall have the right in the event of any breach of the covenant provided in subdivision (b) of Section 401 hereof, to exercise all the rights and remedies, and to maintain any actions or suits at law or in equity or other proper proceedings to enforce the curing of such breach of agreement or covenant, to which it or any other beneficiaries of such agreement or covenant may be entitled. ARTICLE V. PROHIBITIONS AGAINST ASSIGNMENT AND TRANSFER SECTION 501. REPRESENTATIONS AS TO REDEVELOPMENT. The Redeveloper represents and agrees that its purchase of the Property, and its other undertakings pursuant to the Agreement, are, and will be used, for the purpose of the redevelopment of the Property and not for speculation in land holding. The Redeveloper further recognizes that, in view of (a) the importance of the redevelopment of the Property to the general welfare of the community; (b) the substantial financing and other public aids that have been made available by law and by the Federal and local Governments for the purpose of making such redevelopment possible; and (c) the fact that a transfer of the stock in the Redeveloper or of a substantial part thereof, or any other act or transaction II -7 involving or resulting in a significant change in the owner- ship or distribution of such stock or with respect to the identity of the parties in control of the Redeveloper or the degree thereof, is for practical purposes a transfer or disposition of the Property then owned by the Redeveloper, the qualifications and identity of the Redeveloper, and its stock- holders, are of particular concern to the community and the City. The Redeveloper further recognizes that it is because of the recog- nition of such qualifications and identity that the City is entering into the Agreement with the Redeveloper, and, in so doing, the City is further willing to accept and rely on the obligations of the Redeveloper for the faithful performance of all undertakings and covenants in the Agreement. SECTION 502. PROHIBITION AGAINST TRANSFER OF OWNERSHIP OR CONTROL OF REDEVELOPER. For the foregoing reasons, the Redeveloper agrees for itself, and all persons holding an interest therein, their heirs, successors and assigns that there shall be no change or transfer of ownership or control by any person or combination of persons owning or controlling ten (10) percent or more interest in the Redeveloper through sale, assignment, merger, increased, capitalization or by any other means, without the express written approval of the City. With respect to this provision, the Rede- veloper and the parties signing the Agreement on behalf of the Redeveloper represent that they have the authority of all persons holding interest therein to agree to this provision on their behalf and to bind them with respect thereto. SECTION 503. PROHIBITION AGAINST TRANSFER OF PROPERTY AND ASSIGNMENT OF AGREEMENT. Also, for the foregoing reasons the Redeveloper represents and agrees for itself, and its successors and assigns, that: (a) Except only (1) by way of security for, and only for, (i) the purpose of obtaining financing necessary to enable the Redeveloper or any successor in interest to the Property, or any part thereof, to perform its obligations with respect to making the Improvements under the Agreement, and (ii) any other purpose authorized by the Agreement, and (2) as to any individual parts or parcels of the Property on which the Improvements to be constructed thereon have been completed, and which, by the terms of the Agreement, the Redeveloper is authorized to convey or lease as such Improvements are completed, the Redeveloper (except as so authorized) has not made or created, and that it will not, prior to the proper completion of the Improve- ments as certified by the City, make or create, or suffer to be II -8 made or created, any total or partial sale, assignment, conveyance, or lease, or any trust or power, or transfer in any other mode or form of or with respect to the Agreement or the Property, or any part thereof or any interest therein, or any contract or agreement to do any of the same, without the prior written approval of the City: Provided, that prior to the issuance by the City of the certificate provided by in Section 306 hereof as to completion of construction of the Improvements, the Redeveloper may enter into any agreement to sell, lease, or otherwise transfer, after the issuance of such certificate, the Property or any part thereof or interest therein, which agreement shall not provide for payment of or on account of the purchase price or rent for the Property, or the part thereof or the interest therein to be so transferred, prior to the issuance of such certificate. (b) The City shall be entitled to require, except as otherwise provided in the Agreement, as conditions to any such approval that: (1) Any proposed transferee shall have the qualifications and financial responsibility, as determined by the City, necessary and adequate to fulfill the obligations under- taken in the Agreement by the Redeveloper (or, in the event the transfer is of or relates to part of the Property, such obligations to the extent that they relate to such part). (2) Any proposed transferee, by instrument in writing satis- factory to the City and in form recordable among the land records, shall, for itself and its successors and assigns, and expressly for the benefit of the City, have expressly assumed all of the obligations of the Redeveloper under the Agreement and agreed to be subject to all the condi- tions and restrictions to which the Redeveloper is sub- ject (or, in the event the transfer is of or relates to part of the Property, such obligations, conditions, and restrictions to the extent that they relate to such part): Provided, that any instrument or agreement which purports to transfer any interest whatsoever caused by this agreement without the express written approval of the City, is null and void. (3) There shall be submitted to the City for review all instruments and other legal documents involved in effecting transfer; and if approved by the City, its approval shall be indicated to the Redeveloper in writing. (4) The consideration payable for the transfer by the trans- feree or on its behalf shall not exceed an amount repre- senting the actual cost (including carrying charges) to the Redeveloper of the Property (or allocable to the part thereof or interest therein transferred) and the Improve- ments, if any, theretofore made thereon by it; it being the intent of this provision to preclude assignment of the Agreement or transfer of the Property for profit II -9 pri o the issuance of the certifi , of completion as set forth in Section 306 of this Agreement. The City shall be entitled to increase the Purchase Price to the Redeveloper by the amount that the consideration payable for the assignments or transfer is in excess of the amount that may be authorized pursuant to this sub- division (4), and such consideration shall, to the extent it is in excess of the amount so authorized, belong to and forthwith be paid to the City. (5) The Redeveloper and its transferee shall comply with such other conditions as the City may find desirable in order to achieve and safeguard the purposes of the Urban Renewal Act and the Urban Renewal Plan. Provided, that in the absence of specific written agreement by the City to the contrary, no such transfer or approval by the City thereof shall be deemed to relieve the Redeveloper, or any other party bound in any way by the Agreement or otherwise with respect to the construction of the Improvements, from any of its obli- gations with respect thereto. ON 504. INFORMATION AS TO HOLDERS OF INTEREST IN REDEVELOPER. In order to assist in the effectuation of the purposes of t is Article V and the statutory objectives generally, the Redeveloper agrees that during the period between execution of the Agreement and completion of the Improvements as certified by the City, (a) the Redeveloper will promptly notify the City of any and all changes whatsoever in the ownership or control of interest, legal or beneficial, or of any other act or transaction involving or resulting in any change in the ownership of such interest or in the relative distribution thereof, or with respect to the identity of the parties in control of the Redeveloper or the degree thereof, of which it or any of its officers have been notified or otherwise have knowledge or information; and (b) the Redeveloper shall at such time or times as the City may request, furnish the City with a complete statement, sub- scribed and sworn to by the President or other executive officer of the Redeveloper, setting forth all of the holders of interest in the Redeveloper and the extent of their re- spective holdings, and in the event any other parties have a beneficial interest in such holdings their names and the extent of such interest, all as determined or indicated by the records of the Redeveloper, any specific inquiry made by any such officer, of all parties who on the basis of all such records own ten (10) percent or more of the interest in the Redeveloper, and by such other knowledge or information as such officer shall have. Such lists, data, and information shall in any event be furnished the City immediately prior to the delivery of the Deed to the Redeveloper and as a condition precedent thereto, and annually thereafter on the anniversary of the date of the Deed until the issuance of a certificate of completion of all the Property. II -10 ARTICLE VI. MORTGAGE FINANCING; RIGHTS OF MORTGAGEES ON 601. LIMITATION UPON ENCUMBRANCE OF PROPERTY. Prior to the completion of the Improvements, as certified by the City, neither the Redeveloper nor any successor in interest to the Property or any part thereof shall engage in any financing or any other trans- action creating any mortgage or other encumbrance or lien upon the Property, whether by express agreement or operation of law, or suffer any encumbrance or lien to be made on or attach to the Property, except for the purposes of obtaining (a) funds only to the extent necessary for making the Improvements, and (b) such additional funds, if any, in an amount not to exceed the Purchase Price paid by the Redeveloper to the City. The Redeveloper (or successor in interest) shall notify the City in advance of any financing, secured by mortgage or other similar lien instrument, it proposes to enter into with respect to the Property, or any part thereof, and in any event it shall promptly notify the City of any encumbrance or lien that has been created on or attached to the Property, whether by voluntary act of the Redeveloper or otherwise. For the purposes of such mortgage financing as may be made pursuant to the Agreement, the Property may, at the option of the Redeveloper (or successor in interest), be divided into several parts or parcels, provided that such subdivision, in the opinion of the City, is not inconsistent with the purposes of the Urban Renewal plan and the Agreement and is approved in writing by the City. SECTION 602. MORTGAGEE NOT OBLIGATED TO CONSTRUCT. Notwithstanding any of the provisions of the Agreement, including but not limited to those which are or are intended to be covenants running with the land, the holder of any mortgage authorized by the Agreement (includ- ing any such holder who obtains title to the Property or any part thereof as a result of foreclosure proceedings, or action in lieu thereof, but not including (a) any other party who thereafter obtains title to the Property or such part from or through such holder, or (b) any other purchaser at foreclosure sale other than the holder of the mortgage itself) shall in no wise be obligated by the provisions of the Agreement to construct or complete the Improve- ments or to guarantee such construction or completion; nor shall any covenant or any other provision in the Deed be construed to so obligate such holder: Provided, that nothing in this Section or any other Section or provision of the Agreement shall be deemed or construed to permit or authorize any such holder to devote the Property or any part thereof to any uses, or to construct any improvements thereon, other than those uses or improvements provided or permitted in the Urban Renewal Plan and in the Agreement. SECTION 603. COPY OF NOTICE OF DEFAULT TO MORTGA6« . Whenever the City shall deliver any notice or demand to the Redeveloper with respect to any breach or default by the Redeveloper in its obligations or covenants under the Agreement, the City shall at the same time forward a copy of such notice or demand to each holder of any mortgage authorized by the Agreement at the last address of such holder shown in the records of the City. SECTION 604. MORTGAGEE'S OPTION TO CURE DEFAULTS. After any breach or default referred to in Secf1on 6 3 ereo , each such holder shall (insofar as the rights of the City are concerned) have the right, at its option, to cure or remedy such breach or default (or such breach or default to the extent that it relates to the part of the Property covered by its mortgage) and to add the cost thereof to the mortgage debt and the lien of its mortgage: Provided, that if the breach or default is with respect to construction of the Improvements, nothing contained in this Section or any other Section of the Agreement shall be deemed to permit or authorize such holder, either before or after foreclosure or action in lieu thereof, to undertake or continue the construction or completion of the Improvements (beyond the extent necessary to conserve or protect Improvements or construction already made) without first having expressly assumed the obligation to the City, by written agreement satisfactory to the City, to complete, in the manner provided in the Agreement, the Improvements on the Property or the part thereof to which the lien or title of such holder relates. Any such holder who shall properly complete the Improvements relating to the Property or applicable part thereof shall be entitled, upon written request made to the City, to a certification or certifications by the City to such effect in the manner provided in Section 305 of the Agreement, and any such certification shall, if so requested by such holder mean and provide that any remedies or rights with respect to recapture of or reversion or revesting of title to the Property that the City shall have or be entitled to because of failure of the Redeveloper or any successor in interest to the Property, or any part thereof, to cure or remedy any default with respect to the construction of the Improvements on other parts or parcels of the Property, or became of any other default in or breach of the Agreement by the Redeveloper or such successor, shall not apply to the part or parcel of the Property to which such certification relates. SECTION 605. CITY'S OPTION TO PAY MORTGAGE DEBT OR PURCHASE PROPERTY. In any case, where, subsequent to oeraui veloper (or successor in interest) under of any mortgage on the Property or part t or breach by the HeCe- the Agreement, the holder thereof (a) has, but does not exercise, the option to the Improvements relating to the Property covered by its mortgage or to which it has such failure continues for a period of six the holder has been notified or informed c breach; or II -12 construct or complete or part thereof obtained title, and ty (60) days after f the default or (b) undertakes construction or completion OT gyne Improvements but does not complete such construction within the period as agreed upon by the City and such holder (which period shall in any event be at least as long as the period prescribed for such construction or completion in the Agreement), and such default shall not have been cured within sixty (60) days after written demand by the City so to do, the City shall (and every mortgage instrument made prior to comple- tion of the Improvements with respect to the Property by the Re- developer or successor in interest shall so provide) have the option of paying to the holder the amount of the mortgage debt and securing an assignment of the mortgage and the debt secured thereby, or, in the event ownership of the Property (or part thereof) has vested in such holder by way of foreclosure or action in lieu thereof, the City shall be entitled, at its option, to a conveyance to it of the Property or part thereof (as the case may be) upon payment to such holder of an amount equal to the sum of: (i) the mortgage debt at the time of foreclosure or action in lieu thereof (less all appropriate credits, including those resulting from collection and application of rentals and other income received during foreclosure proceedings); (ii) all expenses with respect to the foreclosure; (iii) the net expense, if any (exclusive of general overhead), incurred by such holder in and as a direct result of the subsequent management of the Property; (iv) the costs of any Improve- ments made by such holder; and (v) an amount equivalent to the interest that would have accrued on the aggregate of such amounts had all such amounts become part of the mortgage debt and such debt had continued in existence. SECTION 606. CITY'S OPTION TO CURE MORTGAGE DEFAULT. In the event of a default or breach prior to the completion of the Improvements by the Redeveloper, or any successor in interest, in or of any of its obligations under, and to the holder of, any mortgage or other instrument creating an encumbrance or lien upon the Property or part thereof, the City may at its option cure such default or breach, in which cases the City shall be entitled, in addition to and without limitation upon any other rights or remedies to which it shall be entitled by the Agreement, operation of law, or other- wise, to reimbursement from the Redeveloper or successor in interest of all costs and expenses incurred by the City in curing such default or breach and to a lien upon the Property (or the part thereof to which the mortgage, encumbrance, or lien relates) for such reimbursement: Provided, that any such lien shall be subject always to the lien of including any lien contemplated, because of advances yet to be made, by) any then existing mortgages on the Property authorized by the Agreement. SECTION 607. MORTGAGE AND HOLDER. For the purposes of the Agreement: The term "mortgage" shall include a deed of trust or other instrument creating an encumbrance or lien upon the Property, or any part thereof, as security for a loan. The term "holder" in reference to a mortgage shall include any insurer or guarantor of any obligation II -13 or condition fired by such mortgage or deed trust, including, but not limited to, the Federal Housing Commissioner, the Admin- istrator of Veterans Affairs, and any successor in office of either such official. ARTICLE VII. REMEDIES SECTION 701. IN GENERAL. Except as otherwise provided in the Agree- ment, in the event of any default in or breach of the Agreement, or any of its terms or conditions, by either party hereto, or any successor to such party, such party (or successor) shall, upon written notice from the other, proceed immediately to cure or remedy such default or breach, and, in any event, within sixty (60) days after receipt of such notice. In case such action is not taken or not diligently pursued, or the default or breach shall not be cured or remedied within a reasonable time, the aggrieved party may institute such proceedings as may be necessary or desirable in its opinion to cure and remedy such default or breach, including, but not limited to, proceedings to compel specific performance by the party in default or breach of its obligations. ON 702. TERMINATION BY REDEVELOPER PRIOR TO CONVEYANCE. In the event that the City does not tender conveyance of the Property, or possession thereof, in the manner and condition, and by the date, provided in this Agreement, and any such failure shall not be cured within sixty (60) days after the date of written demand by the Redeveloper, and the City is unable to demonstrate, to the rea- sonable satisfaction of the Redeveloper that the defects, cloud, or other deficiencies in or on title involved, or the part of the property to which it relates, is of such nature that the Rede- veloper will not be hampered or delayed in the construction of the improvements by taking title and possession subject to such defects, the City will refund to the Developer any good faith deposit tendered by the Redeveloper for such property or the portion of said good faith deposit reasonable allocable to the portion of the property not conveyed and this agreement with respect to the property not conveyed shall be terminated, provided, it is hereby expressly agreed that in the event this agreement is terminated pursuant to this Section each party to this agreement shall be solely responsible for all expenses incurred or obligated by it and shall have no claim against the other party. SECTION 703. TERMINATION BY CITY PRIOR TO CONVEYANCE. In the event that prior to conveyance of the Property to the Redeveloper, the Redeveloper is in violation of Section 502 of Part II of this Agreement or the Redeveloper does not pay the Purchase Price and take title to the Property upon tender of conveyance by the City pursuant to this Agreement, or the Redeveloper fails to cure any default or failure within thirty (30) days from the date of written demand by the City, then this Agreement, and any rights of the Redeveloper, or any assignee or transferee, in this Agreement, or arising therefrom with respect to the City or the Property, shall, at the option of the City, be terminated by the City, in which event, as provided in Paragraph C, Section 3 of Part I hereof, the MINL! Deposit or any portion thereof may be retained by the City as liquidated damages and as its property without any deduction, offset, or recoupment whatsoever, and neither the Redeveloper (or assignee or transferee) nor the City shall have any further rights against or liability under this Agreement to the other in respect to the property or part thereof for which the deposit has been retained. ECTION 704. REVESTING TITLE IN TO CONVEYANCE TO REDEVELOPER. In the event that subsequent to conveyance of the Property or any part thereof to the Redeveloper and prior to completion of the Improvements as certified by the City (a) the Redeveloper does not submit plans as required by the Agreement in satisfactory form and in the manner and by the dates respectively provided in this Agreement; or (b) the Redeveloper (or successor in interest) shall default in or violate its obligations with respect to the construction of the Improvements (including the nature and the dates of for the beginning and completion thereof), or shall abandon or substantially suspend construction work, and any such default, violation, abandonment, or suspension shall not be cured, ended, or remedied within ninety (90) days after written demand by the City; or (c) the Redeveloper (or successor in interest) shall fail to pay real estate taxes or assessments on the Property or any part thereof when due, or shall place thereon any encumbrance or lien unauthorized by the Agreement, or shall suffer any levy or attachment to be made, or any materialmen's or mechanics' lien, or any other unauthorized encumbrance or lien to attach, and such taxes or assessments shall not have been paid, or the encumbrance or lien removed or discharged or provision satis- factory to the City made for such payment, removal, or discharge, within ninety (90) days after written demand by the City; or (d) the Redeveloper violates the provision of Section 502 of Part II of this Agreement and such violation shall not be cured within sixty (60) days,after written demand by the City to the Redeveloper, then the City shall have the right to re-enter and take possession of the Property and all Improvements located thereon and to terminate (and revest in the City) the property conveyed by the Deed to the Redeveloper, it being the intent of this provision, together with other provisions of the Agreement, that the conveyance of the Property to the Redeveloper shall be made upon, and that the Deed shall contain, a condition subsequent to the effect that in the event of any default, failure, violation, or other action or inaction by the Redeveloper specified in subdivisions (a), (b), (c) and (d) of this Section 704, failure on the part of the Redeveloper to remedy, end, or abrogate such default, failure, violation, or other action or inaction, within the period and in the manner stated in such subdivisions, the City at its option may declare a termination in favor of the City of the title, and of all the rights and interests in and to the Property conveyed by the Deed to the Redeveloper and Improvements constructed thereon, and that sucn title and all rights and interests of the Redeveloper, and any assigns or suc- cessors in interest to and in the Property and any Improvements constructed thereon, shall revert to the City: Provided, that such condition subsequent and any revesting of title as a result thereof in the City (1) shall always be subject to and limited by, and shall not defeat, render invalid, or limit in any way, (i) the lien of any mortgage authorized by the Agreement, and (ii) any rights or interests provided in the Agreement for the protection of the holders of such mortgages; and (2) shall not apply to individual parts or parcels of the Property (or, in the case of parts or parcels leased, the leasehold interest) on which the Improvements to be constructed thereon have been completed in accordance with the Agreement and for which a certificate of completion is issued therefor as provided in Section 305 hereof. In addition to and without in any way limiting the City's right to re-entry as provided for in this Section, the City shall have the right to retain the Deposit or any portion thereof, as provided in Paragraph C, Section 3 of Part I hereof, without any deduction, offset or recoupment what- soever, in the event of a default, violation or failure of the Redeveloper as specified in this Section. SECTION 705. RESALE OF REACQUIRED PROPERTY; DISPOSITION OF PROCEEDS. Upon the revesting in t e City of title to the Property and any Improvements thereon, or any part thereof as provided in Section 704, the City shall, pursuant to its responsibilities under State law, use its best efforts to resell the Property or part thereof (subject to such mortgage liens and leasehold interests as in Section 704 set forth and provided) as soon and in such manner as the City shall find feasible and consistent with the objective of making or completing the Improvements or such other improvements in their stead as shall be satisfactory to the City and in accordance with the uses specified for such Property or part thereof in the Urban Renewal Plan. Upon such resale of the Property, the proceeds thereof shall be applied: (a) First, to reimburse the City, on its own behalf, for all costs and expenses incurred by the City, including but not limited to salaries of personnel, in connection with the recapture, management, and resale of the Property or part thereof (but less any income derived by the City from the Property or part thereof in connection with such management); all taxes, assessments, and water and sewer charges with respect to the Property or part thereof (or, in the event the Property is exempt from taxation or assessment or such charges during the period of ownership thereof by the City, the amount, if paid, equal to such taxes, assessments, or charges (as determined by the City assessing official) as would have been payable if the Property or part thereof at the time of revesting of title II -16 thereto in the City or to discharge or prevent from attaching or being made any subsequent encumbrances or liens due to obligations, defaults, or acts of the Redeveloper, its successors or transferees; any expenditures made or obligations incurred with respect to the making or completion or removal of the Improvements or any part thereof on the Property or part thereof; and any amounts otherwise owing the City by the Redeveloper and its successor or transferee; and (b) Second, to reimburse the Redeveloper, its successor or trans- feree, up to the amount amount equal to (1) the sum of the purchase price paid by it for the Property (or allocable to the part thereof) and the cash actually invested by it in making any of the Improvements on the Property or part thereof, unless (2) any gains or income withdrawn or made by it from the Agreement or the Property. Any balance remaining after such reimbursements shall be retained by the City as its property. ON 706. OTHER RIGHTS AND REMEDIES OF CITY; NO WAIVER BY DELAY. The City shall have the right to institute suc actions or proceed- ings as it may deem desirable for effectuating the purposes of this Article VII, including also the right to execute and record or file among the public land records in the office in which the Deed is recorded a written declaration of the termination of all the right, title, and interest of the Redeveloper, and (except for such individual parts or parcels upon which construction of that part of the Improvements required to be constructed thereon has been completed, in accordance with the Agreement, and for which a certi- ficate of completion as provided in Section 305 hereof is to be delivered, and subject to such mortgage liens and leasehold interests as provided in Section 704 hereof) its successors in interest and assigns, in the Property, and the revesting of title thereto in the City: Provided, that any delay by the City in instituting or prosecuting any such actions or proceedings or otherwise asserting its rights under this Article VII shall not operate as a waiver of such rights or to deprive it of or limit such rights in any way (it being the intent of this provision that the City should not be constrained (so as to avoid the risk of being deprived of or limited in the exercise of the remedy provided in this Section because of concepts of waiver, laches, estoppel, or otherwise) to exercise such remedy at a time when it may still hope otherwise to resolve the problems created by the default involved); nor shall any waiver in fact made by the City with respect to any specific default by the Redeveloper under this Section be considered or treated as a waiver of the rights of the City with respect to any other defaults by the Redeveloper under this Section or with respect to the particular default except to the extent specifically waived in writing. SECTION 707. IMPOSSIBILITY OF PERFORMANCE BY CITY PRIOR TO CONVEYANCE OF PROPERTY. Should at any time prior to the conveyance of title to any Property under this Agreement, the City of Iowa City, Iowa be enjoined from such conveyance or prevented from so doing by any order or decision or act of any judicial, legislative or executive body having authority in the premises, the City at its option may terminate this Agreement and any obligations incurred by either party shall cease. In the event of such termination, the City shall not be responsible for any damages, expenses or costs incurred by the Redeveloper by reason of such termination. It is further agreed and understood that the City shall have no liability for failure to deliver title to such Property or any part thereof to the Redeveloper after making a good faith attempt to do so. SECTION 708. ENFORCED DELAY IN PERFORMANCE FOR CAUSE BEYOND CONTROL OF PARTY. For the purposes of any of the provisions of the Agreement, neither the City nor the Redeveloper, as the case may be, nor any successor in interest, shall be considered in breach of, or default in, its obligations with respect to this Agreement in the event of enforced delay in the performance of such obligations due to unfore- seeable causes beyond its control and without its fault or negligence, including, but not restricted to, acts of God, acts of the public enemy, acts of the other party, fires, floods, epidemics, quarantine restrictions, strikes, and usually severe weather or delays of subcontractors due to such causes; it being the purpose and intent of this provision that in the event of the occurrence of any such enforced delay, the time or times for performance of the obligations of the City or of the Redeveloper under this Agreement, as the case may be, shall be extended for the period of the enforced delay as determined by the City: Provided, That the party seeking the benefit of the provisions of this Section shall, within ten (10) days after the beginning of any such enforced delay, have first notified the other party thereof in writing, and of the cause or causes thereof, and requested an extension for the period of the enforced delay. SECTION 709. RIGHTS AND REMEDIES CUMULATIVE. The rights and remedies of the parties to the Agreement, whether provided by law or by the Agreement, shall be cumulative, and the exercise by either party of any one or more of such remedies shall not preclude the exercise by it, at the same or different times, of any other such remedies for the same default or breach or of any of its remedies for any other default or breach by the other party. No waiver made by either such party with respect to the performance, or manner or time thereof, or any obligation of the other party or any condition to its own obligation under the Agreement shall be considered a waiver of any rights of the party making the waiver with respect to tha particular obligation of the other party or condition to its own obligation beyond those expressly waived in writing and to the extent thereof, or a waiver in any respect in regard to any other rights of the party making the waiver or any other obligations of the other party. II -18 SECTION 710. PARTY IN POSITION OF SURETY WITH RESPECT TO OBLIGATIONS. The Re eve oper, for itself and its successors and assigns, and for all other persons who are or who shall become, whether by express or implied assumption or otherwise, liable upon or subject to any obligation or burden under the Agreement, hereby waives, to the fullest extent permitted by law and equity, any and all claims or defenses otherwise available on the ground of its (or their) being or having become a person in the position of a surety, whether real, personal, or otherwise or whether by agreement or operation of law, including, without limitation on the generality of the foregoing, any and all claims and defenses based upon extension of time, indulgence, or modification of terms of contract. ARTICLE VIII. MISCELLANEOUS SECTION 801. CONFLICT OF INTERESTS; CITY REPRESENTATIVES NOT INDIVID UALLY LIABLE. No member, official, or employee of the City s a 1 have any personal interest as defined in Chapter 403, Code of Iowa 1977, direct or indirect, in the Agreement, nor shall any such member, offical, or employee participate in any decision relating to the Agreement which affects his personal interests or the interests of any corporation, partnership, or association in which he is, directly or indirectly, interested. No member, official, or employee of the City shall be personally liable to the Redeveloper, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Rede- veloper or successor or on any obligations under the terms of the Agreement. SECTION 802. EQUAL EMPLOYMENT OPPPORTUNITY. The Redeveloper, for itse f an its successors an assigns, agrees that during the construction of the Improvements provided for in the Agreement: (a) The Redeveloper will not discriminate against any employee or applicant for employment because of race, color, religion, sex, disability, sexual orientation, marital status, or national origin. The Redeveloper will take affirmative action to insure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, disability, sexual orientation, marital status, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compen- sation; and selection for training, including apprenticeship. The Redeveloper agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the City setting forth the provisions of this nondiscrimination clause. (b) The Redeveloper will, in all solicitations or advertisements for employees placed by or on behalf of the Redeveloper, state that the Redeveloper is an equal opportunity employer. 11-19 • (c) The Redeveloper will send to each labor union or representative of workers with which the Redeveloper has a collective bargaining agreement or other contract or understanding, a notice, to be provided, advising the labor union or workers' representative of the Redeveloper's commitments under Section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (d) The Redeveloper will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (e) The Redeveloper will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor or the Secretary of Housing and Urban Development pursuant thereto, and will permit access to the Redeveloper's books, records, and accounts by the City, the Secretary of Labor for purposes in investigation to ascertain compliance with such rules, regulations, and orders. (f) In the event of the Redeveloper's noncompliance with the non- discrimination clauses of this Section, or with any of the said rules, regulations, or orders, the Agreement may be canceled, terminated, or suspended in whole or in part and the Redeveloper may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (g) The Redeveloper will include the provisions of Paragraphs (a) through (g) of this Section in every contract or purchase order, and will require the inclusion of these provisions in every subcontract entered into by any of its contractors, unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each such contractor, subcontractor, or vendor, as the case may be. The Redeveloper will take such action with respect to any construction contract, subcontract, or purchase order as the City or the Department of Housing and Urban Development may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, That in the event the Redeveloper becomes inv— oTv—ed— in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the City or the D9part- ment of Housing and Urban Development, the Redeveloper may request the United States to enter into such litigation to protect the interests of the United States. II -20 SECTION 803. PROVISIONS NOT MERGED WITH DEED. None of the provisions of the Agreement are intended to or shall be merged by reason of any deed transferring title to the Property from the City to the Redeveloper or any successor in interest, and any such deed shall not be deemed to affect or impair the provisions and covenants of the Agreement. SECTION 804. TITLES OF ARTICLES AND SECTIONS. Any titles of the several parts, Articles, and Sections of the Agreement are inserted for convenience of reference only and shall be disregarded in construing or interpreting any of its provisions. II -21 ` RESOLUTION NO. RESOLUTION AUTHORIZING THE SALE OF URBAN RENEWAL PROPERTY WHEREAS, the City of Iowa City, Iowa, has under date September 2, 1970, entered into a contract for loan and grant with the United States of America; and, WHEREAS, the City of Iowa City, Iowa, has undertaken pursuant to said contract an Urban Renewal Project known as the City -University Project I, Project Number Iowa R44; and, WHEREAS, the City of Iowa City, Iowa, has received an entitlement of funds pursuant to the Housing and Community Development Act of 1974; and, WHEREAS, the City of Iowa City, Iowa, has purshant to the provisions of Title 24, Part 570, Section 570.801(c), of the Code of Federal Regulations, transferred Community Development Block Grant funds to said Urban Renewal Project, and transferred control of certain real property acquired in carrying out said Urban Renewal Project to the City Council of the City of Iowa City from the City Council acting as LPA, by Resolution Number 76-446, dated December 14, 1976, and by Resolution Number 77-312, dated August 9, 1977; and, WHEREAS, the City Council of Iowa City, Iowa, caused to be issued a solicitation of Offers to Purchase Land for Private Redevelopment; and, WHEREAS, Offers to Purchase Land for Private Redevelopment were received and opened by the City of Iowa City on September 15, 1977; and, WHEREAS, the City Council of the City of Iowa City is now desireous of selling disposition Parcel 102-1 to Mod Pod, Inc. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that pursuant to the authority granted by Section 403 of the 1977 Code of Iowa and Section 570.801(c) of Part 570, Title 24, Code of Federal Regulations, the Mayor and City Clerk are hereby authorized and directed to execute, on behalf of the City of Iowa City, a contract for Sale of Land for Private Redevelopment by and between Mod Pod, Inc. and the City of Iowa City, Iowa, a copy of which contract is attached hereto and incorporated herein, such land to be sold to Mod Pod, Inc. Disposition Parcel 102-1 as more particularly described in said contract. Upon execution of the contract by the City and Mod Pod Inc. the City Manager is authorized and directed to prepare a deed for said property and deliver the deed to Mod Pod. Inc. upon receipt of payment for said property. It was moved by ' kkffi£h- and seconded by ?1ft %J that the Resolution as read be adopted and upon roll call there were: s 77 AYES: NAYS: ABSENT: Balmer deProsse X Foster Neuhauser �( Perret T Selzer Vevera Passed and approved this day of Y�LG t�2Y11 / Q�� 1977. ATTEST: OL- -�i City Cle c iA I A I tfl S I 1 Xyl n p,l .gyp A Mayor FFCFIVv,. " 7, - '0', Part I of CONTRACT FOR SALE OF LAND FOR PRIVATE REDEVELOPMENT By and Between Mod Pod, Inc. and The City of Iowa City, Iowa CONTRACT FOR SALE OF LAND FOR PRIVATE REDEVELOPMENT AGREEMENT, consisting of this Part I and Part II annexed hereto and made a part hereof (which Part I and Part II are together hereinafter called "Ag eement"), made on or as of the �� in tQ day of �� 191 by and etween the City of Iowa City, Iowa, a pu is body corporate (which, together with any successor public body or officer hereafter designated by or pursuant to law, is hereinafter called the "City"), established pursuant to the statutes of the State of Iowa pertaining to Municipalities, Cities, Towns, and particularly Chapter 403 of the Code of Iowa as amended (hereinafter called "Urban Renewal Act") and having its office at the Civic Center in the City of Iowa City, State of Iowa, and Mod Pod, Inc. a corporation organized an existing under the laws of the State of Iowa hereinafter called "Redeveloper") and having an office for the transaction of business at 2212 E. Washington Street in the City of Iowa City County of Johnson and State of Iowa , WITNESSETH: WHEREAS, in furtherance of the objectives of the Urban Renewal Act, the City has undertaken a program for the clearance and reconstruction or rehabilitation of slum and blighted areas in the City, and in this connection is engaged in carrying out an urban renewal project (herein- after called "Project") in an area (hereinafter called the "Project Area") located in the City; and WHEREAS, as of the date of this Agreement there has been prepared and approved by the City an urban renewal plan for the Project, con- sisting of ("The Urban Renewal Plan, dated September 3, 1969, by Resolu- tion No. 2157, as amended from time to time and as it may hereafter be further amended pursuant to law, and as so constituted, is unless other- wise indicated by the context, hereinafter called "Urban Renewal Plan"), and WHEREAS, a copy of the Urban Renewal Plan as constituted on the date of the Agreement has been recorded among the land records for the place in which the Project Area is situated, namely, in the Office of the Johnson County Recorder in Book 490 at page 408, and has been filed in the Office of the Clerk of the City located at the Civic Center in the City; and WHEREAS, in order to enable the City to achieve the objectives of the Urban Renewal Plan and particularly to make the land in the Project Area available for redevelopment by private enterprise for redevelopment in accordance with the Urban Renewal Plan, both the Federal Government and the City have undertaken to provide and have provided substantial aid and assistance through a Contract for Loan and Capital Grant dated September 2, 1970, in the case of the Federal Government; and WHEREAS, pursuant to Chapter 403, Code of Iowa as amended, the City has offered to sell and the Redeveloper is willing to purchase certain real property located in the Project Area and more particularly described -1- in Schedule A annexed hereto and made a part hereof (which property as so described is hereinafter called "Property") and to redevelop the Property for and in accordance with the uses specified in the Urban Renewal Plan and in accordance with the Agreement; and WHEREAS, the City believes that the redevelopment of the Property pursuant to the Agreement, and the fulfillment generally of the Agree- ment, are in the vital and best interests of the City and the health, safety, morals, and welfare of its residents, and in accord with the public purposes and provisions of the applicable Federal, State, and local laws and requirements under which the Project has been undertaken; and WHEREAS, the City has acquired title to certain property described in Schedule A hereof: NOW, THEREFORE, in consideration of the premises and the mutual obligations of the parties hereto, each of them does hereby covenant and agree with the other as follows: SECTION 1. SALE: PURCHASE PRICE Subject to all the terms, covenants, and conditions of the Agree- ment, the City will sell the property described in Schedule A hereof to the Redeveloper for, and the Redeveloper will purchase the property from the City and pay therefore, the amounts set forth in Schedule D hereof, subject to the terms and conditions of Section 2 of this Agreement. The amounts set forth in Schedule D, hereinafter called "Purchase Price," are to be paid in cash or by certified check simultaneously with the delivery of the deeds conveying the property to the Redeveloper. SECTION 2. CONVEYANCE OF PROPERTY (a) Form of Deed. The City shall convey to the Redeveloper title to t e property by Special Warranty Deed (hereinafter called "Deed"). Such conveyance and title shall, in addition to the condition subsequently provided for in Section 704, Part II, hereof, and to all other conditions, covenants, and restric- tions set forth or referred to elsewhere in the Agreement, be subject to: (1) Such easements as it shall have been necessary, pursuant to the Urban Renewal Plan, for the City to reserve, for itself or for future dedication or grant, for sewers, drains, water and gas distribution lines, electric, telephone, and telegraph installations, rights-of-way and access, or as described or referred to in "Schedule A," description of property, attached hereto and referenced as a part hereof; (2) All conditions, covenants and restrictions contained in said Urban Renewal Plan and Part I and II of this Contract. EPA (b) Time and Placefor Deliver of Deeds. The City shall deliver the Deed an possession of the property to the Redeveloper upon payment of the purchase price in full upon such dates as called for in this Agreement. Conveyance shall be made at the principal office of the City and the Redeveloper shall accept such conveyance and pay to the City at such time and place the purchase price in full for each parcel delivered. (c) Recordation of Deeds. The Redeveloper shall promptly file the Deeds for recor ation among the land records of Johnson County, Iowa. The Redeveloper shall pay all costs (including the cost of the State documentary stamp tax on the Deeds, for which stamps in the proper amount shall be affixed to the Deeds by the Redeveloper), for so recording said Deed. (d) Delivery of the Abstract. The City will furnish to the Rede- veloper in advance of the closing on each parcel, an abstract of title showing good marketable title in the City of Iowa City, Iowa, free and clear of all taxes, assessments or other encumbrances except as hereinbefore specified. The abstracts of title shall be at City expense and will be certified by a qualified abstracting company to the close of business as the closest practical date prior to the date of the deed of con- veyance. The cost of obtaining an attorney's examination of the abstracts for title opinion and/or the cost of obtaining title insurance, if required, shall be at the expense of the Redeveloper. (e) Delive�r�of�Pr_o e�rt�. The City will deliver the property described in Schedule A hereof at the time set forth in Schedule C hereof. The Redeveloper agrees to pay for and accept title of such property as called for in this Agreement and agrees to begin development promptly on the property conveyed within the time called for in this Agreement. Failure by the Redeveloper to pay for and accept delivery of the urban renewal land as called for herein will result in forfeiture of the deposits posted with the City by the Redeveloper attributable to such property, without limiting the City as to other remedies against the Redeveloper. In the event the City is unable to deliver the property as called for in Schedule C to the Redeveloper, the Redeveloper shall have the option of rescinding the development contract only as to such parcels in default by causing a written notice to be served upon the City of the exercise of such option. Upon receipt by the City of this notice, the City shall have sixty (60) days to cure the default by tendering the property covered in the notice to the Redeveloper. If the City is unable to cure the default within the sixty (60) days as provided herein, the Redeveloper shall, at its option, stand relieved of its obligation to accept the parcel or parcels involved and the City shall, in such event, promptly refund that portion of the Redeveloper's deposit attributable to such parcels to the Redeveloper. It is expressly understood and agreed that the City shall have no other liability, direct or indirect, to the Redeveloper on account of delay or inability to deliver land to the Redeveloper as -3- called for in this Agreement and the Redeveloper's remedy in the event of default by the City in delivery of urban renewal land is hereby specifically limited to rescinding the contract as to such land as provided in this paragraph. (f) Def�ault�b �Red_e�vel-ope-r. In the event the Redeveloper fails to accept of and pay for one or more parcels of property, as called for in this Agreement, the City may, at its option, call the entire Agreement, or the Agreement as it applies to any part of the property, in default, serve a proper notice of forfeiture upon the Redeveloper and terminate this Agreement in its entirety except that forfeiture of this Agreement shall not relieve the Redeveloper of the obligations imposed by this Agreement as to property already delivered to the Redeveloper. SECTION 3. GOOD FAITH DEPOSIT (a) Amount. The Redeveloper has, prior to or simultaneously with t e execution of the Agreement by the City, delivered to the City a-c}ood-#aath-deposit-ur-a-sar8ty- bond- an - the- Pena.] -amount -------------------------------------------0olaa�s,-�tsn ;SEr'Ei41i- -e#- i}Hi''E se-prae ,-afl- 'elr#,he-Ei#y-as-##�e Obi-iEJec'-,-iSStlE�-f}y------------------ ------------------a-Stlrety company- xegaaaray-eflgag -afl assaame -sae a to Mflgs- aM- efl-Vie- a 4S#- ef- stirety-eempafri es-approved--by--t#ie Uflited- States- Treesnry-for-tt deeS't-SMfi-Wocmt; or -testi, of a certified check satisfactory to the City in the amount of One thousand nine hundred ($9,100) Dollars, herein- after called Deposit, as security for the performance of the obligations of the Redeveloper to be performed prior to the return of the Deposit to the Redeveloper, or its retention by the City as liquidated damages, or its application on account of the Purchase Price, as the case may be, in accordance with the Agreement. The Deposit, if cash or certified check, shall be deposited in an account of the City in a bank or trust company selected by it. (b) Interest. The City shall be under no obligation to pay or earn interest on the Deposit, but if interest is payable thereon such interest when received by the City shall be promptly paid to the Redeveloper. (c) Retention by Com. Upon termination of the Agreement as provided in Sections 703 and 704 of Part II hereof, the Deposit or the proceeds of the Deposit, if not theretofore returned to the Redeveloper pursuant to Paragraph (d) of this Section, including all interest payable to such Deposit or the proceeds thereof after such termination, shall be retained by the City Agency as provided in Sections 703 and 704 of Part II hereof. GE (d) Return to Redeveloper. Upon termination of the Agreement as provided in Section 702 of Part II hereof, the Deposit shall be returned to the Redeveloper by the City as provided in Section 702 of Part II hereof. SECTION 4. TIME FOR COMMENCEMENT AND COMPLETION OF IMPROVEMENTS The construction of the Improvements called for in this Agreement shall be commenced and completed in accordance with Schedule D hereof (te-be-subFRitted-by-Developer-with-his-proposal). Provided, that if a mortgage securing money loaned to finance the Improve- ments, or any part thereof, is insured by the Secretary of Housing and Urban Development, then the aforesaid completion time shall not apply, but instead the construction of the Improvements, or any part thereof, shall be completed within the time specified in the applicable Building Loan Agreement approved by the Secretary of Housing and Urban Development. SECTION 5. TIME FOR CERTAIN OTHER ACTIONS (a) Time for Submission of Preliminary Desi n Plans. The Rede- veloper snail submit Preliminary Design Pans as called for in Section 301 of Part II of this Agreement as soon as possible after the time for conveyance set forth in Schedule C hereof, and shall submit such plans in no event later than 30 days following conveyance of property to redeveloper. (b) Time for Submission of Construction Plans. The Redeveloper shall submit construction plans as called for in Section 301 of Part II of this Agreement as soon as possible after approval of the Preliminary Design Plans by the City Council, and in no event, later than sixty (60) days prior to the time for start of construction called for in Schedule D hereof. (c) Time for Submission of Corrected Plans. In the event that Preliminary Design Pans or Construction Plans are rejected by the City, as set forth in Section 301 of Part II of this Agreement, the Redeveloper shall submit corrected plans within thirty (30) days of said rejection. (d) If any hardship shall exist in complying with the foregoing provisions of this Section, the Redeveloper may petition to the City in writing for an extension of time for performance of any part of this Section, setting forth in detail the reasons for needing such extension. SECTION 6. PERIOD OF DURATION OF COVENANT ON USE The covenants pertaining to the use of the Property, set forth in Paragraph (a) of Section 401 of Part II hereof, shall remain in effect from the date of the Deed until October 2, 1994, the period specified or referred to in the Urban Renewal Plan, and shall automatically extend for five year periods thereafter, unless changed by the City Council. -5- SECTION 7. NOTICES AND DEMANDS. A notice, demand, or other communication under the Agreement by either party to the other shall be sufficiently given or delivered if it is dispatched by registered or certified mail, postage prepaid, return receipt requested, or delivered personally, and (i) in the case of the Redeveloper, is addressed to or delivered personally to the Redeveloper at Mod Pod, Inc. 2211-, E. Washington Street Iowa City, Iowa 52240 AND (ii) in the case of the City, is addressed to or delivered personally to the: City Manager Civic Center 410 E. Washington St. Iowa City, IA 52240 or at such other address with respect to either such party as that may, from time to time, designate in writing and forward to the other as provided in this Section. SECTION 8. COUNTERPARTS The Agreement is executed in three (3) counterparts, each of which shall constitute one and the same instruments. IN WITNESS WHEREOF, the City has caused the Agreement to be duly executed in its name and behalf by its Mayor and its seal to be hereunto duly affixed and attested by its City Clerk, and the Redeveloper has caused the Agreement to be duly executed in its name and behalf by its and its corporate seal to be hereunto duly affixed and attested y its Secretary, on or as of the day first above written. lull ATTEST: CaL ITY CLERK ATTEST: 109 SECRETARY CITY OF IOWA CITY, IOWA BY: Mod Pod, Inc. EDEVELOPER BY: S -7- STATE 01' Iowa COUNTY OF CORPORATE ACKNOWLEDGEMENT Johnson ss On this qday of Gca" A.D., 19 7 7, before me Robert N. Downer , a Notary Public, in and for the County of President, and Treaserrer, of Johnson W.A. Fotsch Mod Pod, Inc. State of Iowa, W.A. Fotsch Secretary or the Corpor- ation which executed the above and foregoing instrument, who being to me known as the identical persons who signed the foregoing instrument, and by me duly sworn, each for himself, did say that they are respectively the 6t/, Ai. Foxe -T" .. , President, and Secretary =1Lreasvre -, of said Corporation; that (tfie•seal -a€f-i-*e -t-o- -of- said 4;orliorat-kin.) to-0{_saidl;orlioration) (Said Corporation has no seal) and that said instrument was by them signed and sealed on behalf of the said Corporation, by authority of its Board of Directors, and each of them acknowledged the excution of said instrument to be the voluntary act and deed of said Corporation, by it and each of them voluntarily executed. IN WITNESS WHEREOF, I have hereunto signed my name and affixed my Notarial Seal the day and year last above written. Notary Public in and for Johnson County, State of Iowa Notary Public in a14 My Commission expires to, Johnson County My Co,,'ssro 1 xP r0i Sept. 30, SCHEDULE A LEGAL DESCRIPTION All that certain parcel or parcels of land located in the City of Iowa City, County of Johnson, State of Iowa, more particularly described as follows, to wit: The north 37 feet of the east 55 feet of Lot 1, Block 102, Iowa City, Johnson County, Iowa, according to the recorded plat thereof. PARCEL NO. 102-1 PRICE OFFERED -10- PRICE $19,000 PARCEL NO. 102-1 SCHEDULE C TIME FOR CONVEYANCE -11- DATE On or before January 1, 1978 SCHEDULE D Improvements on the parcel listed below will commence and be completed in accordance with the following schedule: PARCEL NO. COMMENCE ESTIMATED COMPLETION 102-1 Summer of 1978 (no later than September 1, 1978) -12- Not more than one year after commencement Part II of CONTRACT FOR SALE OF LAND FOR PRIVATE REDEVELOPMENT By and Between MOD -POD, INC. and The City of Iowa City, Iowa ARTICLE I. PREPARATION OF PROPERTY FOR REDEVELOPMENT SECTION 101. DEMOLITION AND SITE CLEARANCE. It is agreed that the City shall convey and the redeveloper shall accept the property set forth in Schedule A of this agreement AS IS and it is expressely agreed that the City makes no warranty, express or implied, regarding subsurface conditions and that the City shall have no liability for any damages arising from subsurface conditions. It is further agreed that any contracts or specifications for site demolition and clearance which may have been examined by the redeveloper were examined for information purposes only, and that the City shall assume no liability for any defects or variance from the specifications for work previously completed. SECTION 102. EXPENSES, INCOME, AND SALVAGE. All expenses, including current taxes, if any, relating to buildings or other structures demolished or to be demolished in accordance with Section 101 hereof shall be borne by, and all income or salvage received as result of the demolition of such buildings or structures shall belong to the City. ON 103. CITY'S RESPONSIBILITIES FOR CERTAIN OTHER ACTIONS. The City, without expense to the Redeve oper or assessment or claim against the property, shall cause the restriction of traffic and construction of public improvements on existing street rights-of- way, and the construction of parking structures as specifically set forth in the Urban Renewal Plan. Provided, the City reserves the right to make future modifications to the traffic circulation system and to the public improvements when such changes are deemed necessary and in the public interest, and further Provided in the event that the City, after a good faith attempt to do so, is unable to construct the parking structures due to an inability to issue revenue bonds, the City shall be without liability to the developer or the developer's assigns. (a) Installation of Public Utilities - The installation or re- location by the City or public utility company of such sewers, drains, water and gas distribution lines, electric, telephone, and telegraph lines and all other public utility lines, installations, and facilities as are necessary to be installed or relocated on or in connection with the Property by reason of the redevelopment contemplated by the Urban Renewal Plan and the development of the Property: Provided, that the City shall not be responsible for, nor bear any portion of the cost of, installing the necessary utility connections within the boundaries of the Property between the Improvements to be constructed on the Property by the Redeveloper and the water, sanitary sewer, and storm drain mains or other public utility lines owned by the City or by any public utility company within or without such boundaries, or electric, gas, telephone, or other public utility lines owned by any public utility company within or without such boundaries, and the Redeveloper shall secure any permits required for any such installation without cost or expense to the City. 104. WAIVER OF CLAIMS AND JOINING IN PETITIONS BY The Redeveloper hereby waives las the purcnaser OT the vropercy under the Agreement and as the owner after the conveyance of the Property provided for in the Agreement) any and all claims to awards of damages, if any, to compensate for the closing, vacation, restriction, change of restriction or change of grade of any street, alley, or other public right-of-way within or fronting or abutting on, or adjacent to, the Property which, pursuant to Section 103 hereof, is to be closed or vacated, or the grade of which is to be changed, and shall upon the request of the City subscribe to, and join with, the City in any petition or proceeding required for such vacation, dedication, change of grade, and, to the extent necessary, rezoning, and execute any waiver or other document in respect thereof. ARTICLE II. RIGHTS OF ACCESS TO PROPERTY SECTION 201. RIGHT OF ENTRY FOR UTILITY SERVICE. The City reserves for itself, the City, and any public utility company, as may be appro- priate, the unqualified right to enter upon the Property at all reasonable times for the purpose of reconstructing, maintaining, repairing, or servicing the public utilities located within the Property boundary lines and provided for in the easements described or referred to in Paragraph (a), Section 2 of Part I hereof. SECTION 202. REDEVELOPER NOT TO CONSTRUCT OVER UTILITY EASEMENTS. The Redeveloper shall not construct any building or other structure or improvement on, over, or within the boundary lines of any easement for public utilities described or referred to in Paragraph (a), Section 2 of Part I hereof, unless such construction is provided for in such easement or has been approved in writing by the City Engineer, or the authorized representative of an affected public utility. SECTION 203. ACCESS TO PROPERTY. Prior to the conveyance of the Property by the City to the Redeveloper, the City shall permit representatives of the Redeveloper to have access to any Property to which the City holds title, at all reasonable times for the purpose of obtaining data and making various tests concerning the Property necessary to carry out the Agreement. After the con- veyance of the Property by the City to the Redeveloper, the Re- developer shall permit employees, agents or representatives of the City access to the Property at all reasonable times for the pur- poses of the Agreement, including, but not limited to, inspection of all work being performed in connection with the construction of the Improvements. No compensation shall be payable nor shall any charge be made in any form by any party for the access provided for in this Section. II -2 ARTICLE III. CONSTRUCTION PLANS; CONSTRUCTION OF IMPROVEMENTS; CERTIFICATE OF COMPLETION TION 301. PLANS FOR CONSTRUCTION OF IMPROVEMENTS. Whenever used in this Agreement the term "preliminary design plans" shall include a site plan and preliminary plans for Improvements which clearly show the size, location, and external appearance of any structures, along with such other information as is necessary to fully deter- mine the intentions of the redeveloper. The term "construction plans" shall mean all plans, specifications, drawings, or other information required to be submitted for issuance of any permit called for by applicable codes and ordinance. The term "Improve- ments", as used in this Agreement, shall be deemed to make reference to any buildings, structures, renovations, or other improvements, as provided for and specified in this Agreement, preliminary design plans, and construction plans. The Redeveloper shall, prior to the construction of the Improve- ments called for in this Agreement, submit for approval by the City Council preliminary design plans, and such other information as is necessary for the City Council to fully determine the intentions of the redeveloper. Such plans shall be submitted no later than the time specified therefor in Paragraph (a), Section 5, of Part I hereof. It is expressly understood that the preliminary design plans shall be submitted to review by the City's Design Review Committee. Approval of such preliminary design plans by the City Council shall in no way relieve the redeveloper of the respon- sibility for obtaining all required permits and otherwise fully complying with all applicable state and local codes and ordinances. Following approval of preliminary design plans by the City Council the redeveloper shall submit construction plans and other informa- tion necessary to obtain all permits required by applicable codes and ordinances. The preliminary design plans, as defined herein, shall in any event, be deemed approved by the City Council unless rejection thereof in writing shall be set forth by the City within forty (40) days after the date of their receipt by the City Clerk. If the City so rejects such preliminary design plans in whole or in part, the Redeveloper shall submit new or corrected preliminary design plans which correct the defect set forth in the rejection, within the time specified therefor in Paragraph C, Section 5, of Part I hereof. The provisions of this section relating to approval, rejection, and resubmission of corrected preliminary design plans herein above provided with respect to the original plans shall continue to apply until the preliminary design plans have been approved by the City Council. All work with respect to the Improvements to be constructed or provided by the redeveloper on the property shall be in conformity with the preliminary design plans as approved by the City Council. Construction plans called for herein shall be consistent with and logical extensions of the preliminary design plans approved by the City Council. II -3 SECTION 302. CHAryur3 IN CONSTRUCTION PLANS. If the Kedeveloper desires to make any changes in the preliminary design plans after their approval by the City Council, the Redeveloper shall submit the proposed change to the City Council for its approval. Changes in construction plans as defined herein, may be approved by the Department of Housing and Inspection Services, provided that such changes will not cause the Improvement to be constructed in a manner not consistent with the preliminary design plans as approved by Council. SECTION 303. COMMENCEMENT AND COMPLETION OF CONSTRUCTION OF IMPROVEMENTS. The Redeveloper agrees for itself, its successors and assigns, and every successor in interest to the Property, or any part thereof, and the Deed shall contain covenants on the part of the Redeveloper for itself and such successors and assigns, that the Redeveloper, and such successors and assigns, shall promptly begin and diligently pursue to completion the redevelopment of the Property through the construction of the Improvements thereon, and that such construction shall in any event be begun within the period specified in Section 4 of Part I hereof and be completed within the period specified in such Section 4. It is intended and agreed, and the Deed shall so expressly provide, that such agreements and covenants shall be covenants running with the land and that they shall, in any event, and without regard to technical classification or designation, legal or otherwise, and except only as otherwise specifically provided in the Agreement itself, be, to the fullest extent permitted by law and equity, binding for the benefit of the community and the City and enforceable by the City against the Redeveloper and its successors and assigns to or of the Property or any part thereof or any interest therein. SECTION 304. PROGRESS REPORTS. Subsequent to conveyance of the Property, or any part thereof, to the Redeveloper, and until construction of the Improvements has been completed, as set forth in Section 305 hereof, the Redeveloper shall make reports, set forth the status of Improvements, construction schedule, and such other information as may reasonably be requested by the City, as to the actual progress of the Redeveloper with respect to such construction. SECTION 305. CERTIFICATE OF COMPLETION. (a) Within thirty (30) days after completion of the Improvements in accordance with those provisions of the Agreement relating solely to the obligations of the Redeveloper to construct the Improvements (including the dates for beginning and completion thereof), the City will furnish the Redeveloper with an appro- priate instrument so certifying. Such certification by the City shall be (and it shall be so provided in the Deed and in the certification itself) a conclusive determination of satis- faction and termination of the agreements and covenants in the dates for the beginning and completion thereof: Provided, II -4 that if there is upon the Property a mortgage insured, or held or owned, by the Federal Housing Administration and the Federal Housing Administration shall have determined that all buildings constituting a part of the Improvements and covered by such mortgage are, in fact, substantially completed in accordance with the plans and are ready for occupancy, then, in such event, the City and the Redeveloper shall accept the deter- mination of the Federal Housing Administration as to such completion of the construction of the Improvements in accor- dance with the plans, and, if the other agreements and covenants in the Agreement obligating the Redeveloper in respect of the construction and completion of the Improvements have been fully satisfied, the City shall forthwith issue its certifi- cation provided for in this Section. Such certification and such determination shall not constitute evidence of compliance with or satisfaction of any obligation of the Redeveloper to any holder of a mortgage, or any insurer of a mortgage, securing money loaned to finance the Improvements, or any part thereof. (b) With respect to such individual parts or parcels of the Property which, if so provided in Part I hereof, the Redeveloper may convey or lease as the Improvements to be constructed thereon are completed, the City will also, upon proper completion of the Improvements relating to any such part or parcel, furnish the Redeveloper with an appropriate instrument, certifying that such Improvements relating to any such part or parcel have been made in accordance with the provisions of the Agree- ment. Such certification shall mean and provide (1) that any party purchasing or leasing such individual part or parcel pursuant to the authorization herein contained shall not (because of such purchase or lease) incur any obligation with respect to the construction of the Improvements relating to such part or parcel or to any other part or parcel of the Property; and (2) that neither the City nor any other party shall thereafter have or be entitled to exercise with respect to any such individual part or parcel so sold (or, in the case of lease, with respect to the leasehold interest) any rights or remedies or controls that it may otherwise have or be entitled to exercise with respect to the construction of Improvements as called for herein. (c) Each certification provided for in this Section shall be in such form as will enable it to be recorded in the proper office for the recordation of deeds and other instruments pertaining to the Property, including the Deed. If the City shall refuse or fail to provide any certification in accor- dance with the provisions of this Section, the City shall, within thirty (30) days after written request by the Rede- veloper, provide the Redeveloper with a written statement, indicating in adequate detail in what respects the Redeveloper has failed to complete the Improvements in accordance with the provisions of the Agreement, or is otherwise in default, and what measures or acts it will be necessary, in the opinion of the City, for the Redeveloper to take or perform in order to obtain such certification. II -5 ARTICLE RESTRICTIONS UPON USE OF f._. RTY SECTION 401. RESTRICTIONS ON USE. The Redeveloper agrees for itself, and its successors and assigns, and every successor in interest to the Property, or any part thereof, and the Deed shall contain covenants on the part of the Redeveloper for itself, and such successors and assigns, that the Redeveloper, and such successors and assigns, shall: (a) Devote the Property to, and only to and in accordance with, the uses specified in the Urban Renewal Plan; and (b) Not discriminate upon the basis of race, color, creed, religion, age, disability, sex or national origin in the sale, lease, or rental or in the use or occupancy of the Property or any improvements erected or to be erected thereon, or any part thereof. (c) All advertising (including signs) for sale and/or rental of the whole or any part of the Property shall include the legend, "An Open Occupancy Building" in type or lettering of easily leqible size and design. The word "Project" or "Development" may be substituted for the word "Building" where circumstances require such substitution. (d) Comply with the regulations issued by the Secretary of Housing and Urban Development set forth in 37 F.R. 22732-3 and all applicable rules and orders issued thereunder which prohibit the use of lead-based paint in residential structures under- going federally -assisted construction or rehabilitation and require the elimination of lead-based paint hazards. ON 402. COVENANTS: BINDING UPON SUCCESSORS IN INTERESTS: PERIOD OF DURATION. It is intended and agreed, and the Deed shall so expressly proms that the agreements and covenants provided in Section 401 hereof shall be covenants running with the land and that they shall, in any event, and without regard to technical classification or designation, legal or otherwise, and except only as otherwise specifically provided in the Agreement, be binding, to the fullest extent permitted by law and equity, for the benefit and in favor of, and enforceable by, the City, its successors and assigns, any successor in interest to the Property, or any part thereof, and the United States (in the case of the covenant provided in subdivision (b) of Section 401 hereof), against the Redeveloper, its successors and assigns and every successor in interest to the Property, or any part thereof or any interest therein, and any party in possession or occupancy of the Property or any part thereof. It is further intended and agreed that the agreement and covenant provided in subdivision (a) of Section 401 hereof shall remain in effect for the period of time, or until the date, specified or referred to in Section 6 of Part I hereof (at which time such agreement and covenant shall terminate) and that the agreements and covenants provided in II -6 subdivision (b Section 401 hereof shall rem in effect without limitation as to time: Provided, that such agreements and covenants shall be binding on the Redeveloper itself, each successor in interest to the Property, and every part thereof, and each party in possession or occupancy, respectively, only for such period as such successor or party shall have title to, or an interest in, or possession or occupancy of, the Property or part thereof. The terms "uses specified in the Urban Renewal Plan" and "land use" referring to provisions of the Urban Renewal Plan, or similar language, in the Agreement shall include the land and all building, housing, and other requirements or restrictions of the Urban Renewal Plan pertaining to such land. SECTION 403. CITY AND UNITED STATES RIGHTS TO ENFORCE. In amplifica- tion, and not in restriction of, the provision of the preceding Section, it is intended and agreed that the City and its successors and assigns shall be deemed beneficiaries of the agreements and covenants provided in Section 401 hereof, and the United States shall be deemed a beneficiary of the covenant provided in sub- division (b) of Section 401 hereof, both for and in their or its own right and also for the purposes of protecting the interests of the community and other parties, public or private, in whose favor or for whose favor or for whose benefit such agreements and covenants have been provided. Such agreement and covenants shall (and the Deed shall so state) run in favor of the City and the United States, for the entire period during which such agreements and covenants shall be in force and effect, without regard to whether the City or the United States has at any time been, remains, or in an owner of any land or interest therein to or in favor of which such agreements and covenants relate. The City shall have the right, in the event of any breach of any such agreement or covenant, and the United States shall have the right in the event of any breach of the covenant provided in subdivision (b) of Section 401 hereof, to exercise all the rights and remedies, and to maintain any actions or suits at law or in equity or other proper proceedings to enforce the curing of such breach of agreement or covenant, to which it or any other beneficiaries of such agreement or covenant may be entitled. ARTICLE V. PROHIBITIONS AGAINST ASSIGNMENT AND TRANSFER ON 501. REPRESENTATIONS AS TO REDEVELOPMENT. The Redeveloper represents and agrees that its purchase of the Property, and its other undertakings pursuant to the Agreement, are, and will be used, for the purpose of the redevelopment of the Property and not for speculation in land holding. The Redeveloper further recognizes that, in view of (a) the importance of the redevelopment of the Property to the general welfare of the community; (b) the substantial financing and other public aids that have been made available by law and by the Federal and local Governments for the purpose of making such redevelopment possible; and (c) the fact that a transfer of the stock in the Redeveloper or of a substantial part thereof, or any other act or transaction II -7 involving or resulting in a significant change -in the owner- ship or distribution of such stock or with respect to the identity of the parties in control of the Redeveloper or the degree thereof, is for practical purposes a transfer or disposition of the Property then owned by the Redeveloper, the qualifications and identity of the Redeveloper, and its stock- holders, are of particular concern to the community and the City. The Redeveloper further recognizes that it is because of the recog- nition of such qualifications and identity that the City is entering into the Agreement with the Redeveloper, and, in so doing, the City is further willing to accept and rely on the obligations of the Redeveloper for the faithful performance of all undertakings and covenants in the Agreement. SECTION 502. PROHIBITION AGAINST TRANSFER OF OWNERSHIP OR CONTROL OF REDEVELOPER. For the foregoing reasons, the Redeveloper agrees for itself, and all persons holding an interest therein, their heirs, successors and assigns that there shall be no change or transfer of ownership or control by any person or combination of persons owning or controlling ten (10) percent or more interest in the Redeveloper through sale, assignment, merger, increased, capitalization or by any other means, without the express written approval of the City. With respect to this provision, the Rede- veloper and the parties signing the Agreement on behalf of the Redeveloper represent that they have the authority of all persons holding interest therein to agree to this provision on their behalf and to bind them with respect thereto. SECTION 503. PROHIBITION AGAINST TRANSFER OF PROPERTY AND ASSIGNMENT OF AGREEMENT. Also, for the foregoing reasons the Redeve oper represents and agrees for itself, and its successors and assigns, that: (a) Except only (1) by way of security for, and only for, (i) the purpose of obtaining financing necessary to enable the Redeveloper or any successor in interest to the Property, or any part thereof, to perform its obligations with respect to making the Improvements under the Agreement, and (ii) any other purpose authorized by the Agreement, and (2) as to any individual parts or parcels of the Property on which the Improvements to be constructed thereon have been completed, and which, by the terms of the Agreement, the Redeveloper is authorized to convey or lease as such Improvements are completed, the Redeveloper (except as so authorized) has not made or created, and that it will not, prior to the proper completion of the Improve- ments as certified by the City, make or create, or suffer to be II -8 made or created, any total or partial sale, assignment, conveyance, or lease, or any trust or power, or transfer in any other mode or form of or with respect to the Agreement or the Property, or any part thereof or any interest therein, or any contract or agreement to do any of the same, without the prior written approval of the City: Provided, that prior to the issuance by the City of the certificate provided by in Section 306 hereof as to completion of construction of the Improvements, the Redeveloper may enter into any agreement to sell, lease, or otherwise transfer, after the issuance of such certificate, the Property or any part thereof or interest therein, which agreement shall not provide for payment of or on account of the purchase price or rent for the Property, or the part thereof or the interest therein to be so transferred, prior to the issuance of such certificate. (b) The City shall be entitled to require, except as otherwise provided in the Agreement, as conditions to any such approval that: (1) Any proposed transferee shall have the qualifications and financial responsibility, as determined by the City, necessary and adequate to fulfill the obligations under- taken in the Agreement by the Redeveloper (or, in the event the transfer is of or relates to part of the Property, such obligations to the extent that they relate to such part). (2) Any proposed transferee, by instrument in writing satis- factory to the City and in form recordable among the land records, shall, for itself and its successors and assigns, and expressly for the benefit of the City, have expressly assumed all of the obligations of the Redeveloper under the Agreement and agreed to be subject to all the condi- tions and restrictions to which the Redeveloper is sub- ject (or, in the event the transfer is of or relates to part of the Property, such obligations, conditions, and restrictions to the extent that they relate to such part): Provided, that any instrument or agreement which purports to transfer any interest whatsoever caused by this agreement without the express written approval of the City, is null and void. (3) There shall be submitted to the City for review all instruments and other legal documents involved in effecting transfer; and if approved by the City, its approval shall be indicated to the Redeveloper in writing. (4) The consideration payable for the transfer by the trans- feree or on its behalf shall not exceed an amount repre- senting the actual cost (including carrying charges) to the Redeveloper of the Property (or allocable to the part thereof or interest therein transferred) and the Improve- ments, if any, theretofore made thereon by it; it being the intent of this provision to preclude assignment of the Agreement or transfer of the Property for profit II -9 prio i the issuance of the certific of completion as set forth in Section 306 of this Agreement. The City shall be entitled to increase the Purchase Price to the Redeveloper by the amount that the consideration payable for the assignments or transfer is in excess of the amount that may be authorized pursuant to this sub- division (4), and such consideration shall, to the extent it is in excess of the amount so authorized, belong to and forthwith be paid to the City. (5) The Redeveloper and its transferee shall comply with such other conditions as the City may find desirable in order to achieve and safeguard the purposes of the Urban Renewal Act and the Urban Renewal Plan. Provided, that in the absence of specific written agreement by the City to the contrary, no such transfer or approval by the City thereof shall be deemed to relieve the Redeveloper, or any other party bound in any way by the Agreement or otherwise with respect to the construction of the Improvements, from any of its obli- gations with respect thereto. SECTION 504. INFORMATION AS TO HOLDERS OF INTEREST IN REDEVELOPER. In order to assist in the effectuation of the purposes of this Article V and the statutory objectives generally, the Redeveloper agrees that during the period between execution of the Agreement and completion of the Improvements as certified by the City, (a) the Redeveloper will promptly notify the City of any and all changes whatsoever in the ownership or control of interest, legal or beneficial, or of any other act or transaction involving or resulting in any change in the ownership of such interest or in the relative distribution thereof, or with respect to the identity of the parties in control of the Redeveloper or the degree thereof, of which it or any of its officers have been notified or otherwise have knowledge or information; and (b) the Redeveloper shall at such time or times as the City may request, furnish the City with a complete statement, sub- scribed and sworn to by the President or other executive officer of the Redeveloper, setting forth all of the holders of interest in the Redeveloper and the extent of their re- spective holdings, and in the event any other parties have a beneficial interest in such holdings their names and the extent of such interest, all as determined or indicated by the records of the Redeveloper, any specific inquiry made by any such officer, of all parties who on the basis of all such records own ten (10) percent or more of the interest in the Redeveloper, and by such other knowledge or information as such officer shall have. Such lists, data, and information shall in any event be furnished the City immediately prior to the delivery of the Deed to the Redeveloper and as a condition precedent thereto, and annually thereafter on the anniversary of the date of the Deed until the issuance of a certificate of completion of all the Property. II -10 ARTICLE VI. MORTGAGE FINANCING; RIGHTS OF MORTGAGEES SECTION 601. LIMITATION UPON ENCUMBRANCE OF PROPERTY. Prior to the completion of the Improvements, as certified by the City, neither the Redeveloper nor any successor in interest to the Property or any part thereof shall engage in any financing or any other trans- action creating any mortgage or other encumbrance or lien upon the Property, whether by express agreement or operation of law, or suffer any encumbrance or lien to be made on or attach to the Property, except for the purposes of obtaining (a) funds only to the extent necessary for making the Improvements, and (b) such additional funds, if any, in an amount not to exceed the Purchase Price paid by the Redeveloper to the City. The Redeveloper (or successor in interest) shall notify the City in advance of any financing, secured by mortgage or other similar lien instrument, it proposes to enter into with respect to the Property, or any part thereof, and in any event it shall promptly notify the City of any encumbrance or lien that has been created on or attached to the Property, whether by voluntary act of the Redeveloper or otherwise. For the purposes of such mortgage financing as may be made pursuant to the Agreement, the Property may, at the option of the Redeveloper (or successor in interest), be divided into several parts or parcels, provided that such subdivision, in the opinion of the City, is not inconsistent with the purposes of the Urban Renewal plan and the Agreement and is approved in writing by the City. SECTION 602. MORTGAGEE NOT OBLIGATED TO CONSTRUCT. Notwithstanding any of the provisions of the Agreement, inc uding but not limited to those which are or are intended to be covenants running with the land, the holder of any mortgage authorized by the Agreement (includ- ing any such holder who obtains title to the Property or any part thereof as a result of foreclosure proceedings, or action in lieu thereof, but not including (a) any other party who thereafter obtains title to the Property or such part from or through such holder, or (b) any other purchaser at foreclosure sale other than the holder of the mortgage itself) shall in no wise be obligated by the provisions of the Agreement to construct or complete the Improve- ments or to guarantee such construction or completion; nor shall any covenant or any other provision in the Deed be construed to so obligate such holder: Provided, that nothing in this Section or any other Section or provision of the Agreement shall be deemed or construed to permit or authorize any such holder to devote the Property or any part thereof to any uses, or to construct any improvements thereon, other than those uses or improvements provided or permitted in the Urban Renewal Plan and in the Agreement. SECTION 603. COPY OF NOTICE OF DEFAULT TO MORTGAGEE. Whenever the City shall deliver any notice or demand to the Redeveloper with respect to any breach or default by the Redeveloper in its obligations or covenants under the Agreement, the City shall at the same time forward a copy of such notice or demand to each holder of any mortgage authorized by the Agreement at the last address of such holder shown in the records of the City. SECTION 604. MORTGAGEE'S OPTION TO CURE DEFAULTS. After any breach or default referre to in Section 603 hereof -,-each such holder shall (insofar as the rights of the City are concerned) have the right, at its option, to cure or remedy such breach or default (or such breach or default to the extent that it relates to the part of the Property covered by its mortgage) and to add the cost thereof to the mortgage debt and the lien of its mortgage: Provided, that if the breach or default is with respect to construction of the Improvements, nothing contained in this Section or any other Section of the Agreement shall be deemed to permit or authorize such holder, either before or after foreclosure or action in lieu thereof, to undertake or continue the construction or completion of the Improvements (beyond the extent necessary to conserve or protect Improvements or construction already made) without first having expressly assumed the obligation to the City, by written agreement satisfactory to the City, to complete, in the manner provided in the Agreement, the Improvements on the Property or the part thereof to which the lien or title of such holder relates. Any such holder who shall properly complete the Improvements relating to the Property or applicable part thereof shall be entitled, upon written request made to the City, to a certification or certifications by the City to such effect in the manner provided in Section 305 of the Agreement, and any such certification shall, if so requested by such holder mean and provide that any remedies or rights with respect to recapture of or reversion or revesting of title to the Property that the City shall have or be entitled to because of failure of the Redeveloper or any successor in interest to the Property, or any part thereof, to cure or remedy any default with respect to the construction of the Improvements on other parts or parcels of the Property, or became of any other default in or breach of the Agreement by the Redeveloper or such successor, shall not apply to the part or parcel of the Property to which such certification relates. SECTION 605. CITY'S OPTION TO PAY MORTGAGE DEBT OR PURCHASE PROPERTY. In any case, where, subsequent to default or breach by the Rede- veloper (or successor in interest) under the Agreement, the holder of any mortgage on the Property or part thereof (a) has, but does not exercise, the option to construct or complete the Improvements relating to the Property or part thereof covered by its mortgage or to which it has obtained title, and such failure continues for a period of sixty (60) days after the holder has been notified or informed of the default or breach; or II -12 (b) undertakes construction or completion of the Improvements but does not complete such construction within the period as agreed upon by the City and such holder (which period shall in any event be at least as long as the period prescribed for such construction or completion in the Agreement), and such default shall not have been cured within sixty (60) days after written demand by the City so to do, the City shall (and every mortgage instrument made prior to comple- tion of the Improvements with respect to the Property by the Re- developer or successor in interest shall so provide) have the option of paying to the holder the amount of the mortgage debt and securing an assignment of the mortgage and the debt secured thereby, or, in the event ownership of the Property (or part thereof) has vested in such holder by way of foreclosure or action in lieu thereof, the City shall be entitled, at its option, to a conveyance to it of the Property or part thereof (as the case may be) upon payment to such holder of an amount equal to the sum of: (i) the mortgage debt at the time of foreclosure or action in lieu thereof (less all appropriate credits, including those resulting from collection and application of rentals and other income received during foreclosure proceedings); (ii) all expenses with respect to the foreclosure; (iii) the net expense, if any (exclusive of general overhead), incurred by such holder in and as a direct result of the subsequent management of the Property; (iv) the costs of any Improve- ments made by such holder; and (v) an amount equivalent to the interest that would have accrued on the aggregate of such amounts had all such amounts become part of the mortgage debt and such debt had continued in existence. SECTION 606. CITY'S OPTION TO CURE MORTGAGE DEFAULT. In the event of a default or breach prior to the completion of the Improvements by the Redeveloper, or any successor in interest, in or of any of its obligations under, and to the holder of, any mortgage or other instrument creating an encumbrance or lien upon the Property or part thereof, the City may at its option cure such default or breach, in which cases the City shall be entitled, in addition to and without limitation upon any other rights or remedies to which it shall be entitled by the Agreement, operation of law, or other- wise, to reimbursement from the Redeveloper or successor in interest of all costs and expenses incurred by the City in curing such default or breach and to a lien upon the Property (or the part thereof to which the mortgage, encumbrance, or lien relates) for such reimbursement: Provided, that any such lien shall be subject always to the lien of including any lien contemplated, because of advances yet to be made, by) any then existing mortgages on the Property authorized by the Agreement. SECTION 607. MORTGAGE AND HOLDER. For the purposes of the Agreement: The term "mortgage" shall include a deed of trust or other instrument creating an encumbrance or lien upon the Property, or any part thereof, as security for a loan. The term "holder" in reference to a mortgage shall include any insurer or guarantor of any obligation II -13 or condition s ed by such mortgage or deed o ust, including, but not limited to, the Federal Housing Commissioner, the Admin- istrator of Veterans Affairs, and any successor in office of either such official. ARTICLE VII. REMEDIES SECTION 701. IN GENERAL. Except as otherwise provided in the Agree- ment, in the event of any default in or breach of the Agreement, or any of its terms or conditions, by either party hereto, or any successor to such party, such party (or successor) shall, upon written notice from the other, proceed immediately to cure or remedy such default or breach, and, in any event, within sixty (60) days after receipt of such notice. In case such action is not taken or not diligently pursued, or the default or breach shall not be cured or remedied within a reasonable time, the aggrieved party may institute such proceedings as may be necessary or desirable in its opinion to cure and remedy such default or breach, including, but not limited to, proceedings to compel specific performance by the party in default or breach of its obligations. SECTION 702. TERMINATION BY REDEVELOPER PRIOR TO CONVEYANCE. In the event that the City does not tender conveyance of the Property, or possession thereof, in the manner and condition, and by the date, provided in this Agreement, and any such failure shall not be cured within sixty (60) days after the date of written demand by the Redeveloper, and the City is unable to demonstrate, to the rea- sonable satisfaction of the Redeveloper that the defects, cloud, or other deficiencies in or on title involved, or the part of the property to which it relates, is of such nature that the Rede- veloper will not be hampered or delayed in the construction of the improvements by taking title and possession subject to such defects, the City will refund to the Developer any good faith deposit tendered by the Redeveloper for such property or the portion of said good faith deposit reasonable allocable to the portion of the property not conveyed and this agreement with respect to the property not conveyed shall be terminated, provided, it is hereby expressly agreed that in the event this agreement is terminated pursuant to this Section each party to this agreement shall be solely responsible for all expenses incurred or obligated by it and shall have no claim against the other party. SECTION 703. TERMINATI BY CITY PRIOR TO CONVEYANCE. In the event that prior to conveyance of the Property to the Redeveloper, the Redeveloper is in violation of Section 502 of Part II of this Agreement or the Redeveloper does not pay the Purchase Price and take title to the Property upon tender of conveyance by the City pursuant to this Agreement, or the Redeveloper fails to cure any default or failure within thirty (30) days from the date of written demand by the City, then this Agreement, and any rights of the Redeveloper, or any assignee or transferee, in this Agreement, or arising therefrom with respect to the City or the Property, shall, at the option of the City, be terminated by the City, in which event, as provided in Paragraph C, Section 3 of Part I hereof, the II -14 Deposit or any portion thereof may be retained by the City as liquidated damages and as its property without any deduction, offset, or recoupment whatsoever, and neither the Redeveloper (or assignee or transferee) nor the City shall have any further rights against or liability under this Agreement to the other in respect to the property or part thereof for which the deposit has been retained. SECTION 704. REVESTING TITLE IN CITY SUBSEQUENT TO CONVEYANCE TO REDEVELOPER. In the event that subsequent to conveyance of the Property or any part thereof to the Redeveloper and prior to completion of the Improvements as certified by the City (a) the Redeveloper does not submit plans as required by the Agreement in satisfactory form and in the manner and by the dates respectively provided in this Agreement; or (b) the Redeveloper (or successor in interest) shall default in or violate its obligations with respect to the construction of the Improvements (including the nature and the dates of for the beginning and completion thereof), or shall abandon or substantially suspend construction work, and any such default, violation, abandonment, or suspension shall not be cured, ended, or remedied within ninety (90) days after written demand by the City; or (c) the Redeveloper (or successor in interest) shall fail to pay real estate taxes or assessments on the Property or any part thereof when due, or shall place thereon any encumbrance or lien unauthorized by the Agreement, or shall suffer any levy or attachment to be made, or any materialmen's or mechanics' lien, or any other unauthorized encumbrance or lien to attach, and such taxes or assessments shall not have been paid, or the encumbrance or lien removed or discharged or provision satis- factory to the City made for such payment, removal, or discharge, within ninety (90) days after written demand by the City; or (d) the Redeveloper violates the provision of Section 502 of Part II of this Agreement and such violation shall not be cured within sixty (60) days after written demand by the City to the Redeveloper, then the City shall have the right to re-enter and take possession of the Property and all Improvements located thereon and to terminate (and revest in the City) the property conveyed by the Deed to the Redeveloper, it being the intent of this provision, together with other provisions of the Agreement, that the conveyance of the Property to the Redeveloper shall be made upon, and that the Deed shall contain, a condition subsequent to the effect that in the event of any default, failure, violation, or other action or inaction by the Redeveloper specified in subdivisions (a), (b), (c) and (d) of this Section 704, failure on the part of the Redeveloper to remedy, end, or abrogate such default, failure, violation, or other action or inaction, within the period and in the manner stated in such subdivisions, the City at its option may declare a termination in favor of the City of the title, and of all the rights and interests in and to the Property conveyed by the Deed to the Redeveloper and Improvements constructed thereon, and that such title and all rights and interests of the Redeveloper, and any assigns or suc- cessors in interest to and in the Property and any Improvements constructed thereon, shall revert to the City: Provided, that such condition subsequent and any revesting of title as a result thereof in the City (1) shall always be subject to and limited by, and shall not defeat, render invalid, or limit in any way, (i) the lien of any mortgage authorized by the Agreement, and (ii) any rights or interests provided in the Agreement for the protection of the holders of such mortgages; and (2) shall not apply to individual parts or parcels of the Property (or, in the case of parts or parcels leased, the leasehold interest) on which the Improvements to be constructed thereon have been completed in accordance with the Agreement and for which a certificate of completion is issued therefor as provided in Section 305 hereof. In addition to and without in any way limiting the City's right to re-entry as provided for in this Section, the City shall have the right to retain the Deposit or any portion thereof, as provided in Paragraph C, Section 3 of Part I hereof, without any deduction, offset or recoupment what- soever, in the event of a default, violation or failure of the Redeveloper as specified in this Section. ON 705. RESALE OF REAC UIRED PROPERTY; DISPOSITION OF PROCEEDS. Upon the revesting in the City of title to the Property and any Improvements thereon, or any part thereof as provided in Section 704, the City shall, pursuant to its responsibilities under State law, use its best efforts to resell the Property or part thereof (subject to such mortgage liens and leasehold interests as in Section 704 set forth and provided) as soon and in such manner as the City shall find feasible and consistent with the objective of making or completing the Improvements or such other improvements in their stead as shall be satisfactory to the City and in accordance with the uses specified for such Property or part thereof in the Urban Renewal Plan. Upon such resale of the Property, the proceeds thereof shall be applied: (a) First, to reimburse the City, on its own behalf, for all costs and expenses incurred by the City, including but not limited to salaries of personnel, in connection with the recapture, management, and resale of the Property or part thereof (but less any income derived by the City from the Property or part thereof in connection with such management); all taxes, assessments, and water and sewer charges with respect to the Property or part thereof (or, in the event the Property is exempt from taxation or assessment or such charges during the period of ownership thereof by the City, the amount, if paid, equal to such taxes, assessments, or charges (as determined by the City assessing official) as would have been payable if the Property or part thereof at the time of revesting of title II -16 thereto in the City or to discharge or prevent from attaching or being made any subsequent encumbrances or liens due to obligations, defaults, or acts of the Redeveloper, its successors or transferees; any expenditures made or obligations incurred with respect to the making or completion or removal of the Improvements or any part thereof on the Property or part thereof; and any amounts otherwise owing the City by the Redeveloper and its successor or transferee; and (b) Second, to reimburse the Redeveloper, its successor or trans- feree, up to the amount amount equal to (1) the sum of the purchase price paid by it for the Property (or allocable to the part thereof) and the cash actually invested by it in making any of the Improvements on the Property or part thereof unless (2) any gains or income withdrawn or made by it from the•Agreement or the Property. Any balance remaining after such reimbursements shall be retained by the City as its property. SECTION 706. OTHER RIGHTS AND REMEDIES OF CITY; NO WAIVER BY DELAY. The City shall have the right to institute such actions or proceed- ings as it may deem desirable for effectuating the purposes of this Article VII, including also the right to execute and record or file among the public land records in the office in which the Deed is recorded a written declaration of the termination of all the right, title, and interest of the Redeveloper, and (except for such individual parts or parcels upon which construction of that part of the Improvements required to be constructed thereon has been completed, in accordance with the Agreement, and for which a certi- ficate of completion as provided in Section 305 hereof is to be delivered, and subject to such mortgage liens and leasehold interests as provided in Section 704 hereof) its successors in interest and assigns, in the Property, and the revesting of title thereto in the City: Provided, that any delay by the City in instituting or prosecuting any such actions or proceedings or otherwise asserting its rights under this Article VII shall not operate as a waiver of such rights or to deprive it of or limit such rights in any way (it being the intent of this provision that the City should not be constrained (so as to avoid the risk of being deprived of or limited in the exercise of the remedy provided in this Section because of concepts of waiver, laches, estoppel, or otherwise) to exercise such remedy at a time when it may still hope otherwise to resolve the problems created by the default involved); nor shall any waiver in fact made by the City with respect to any specific default by the Redeveloper under this Section be considered or treated as a waiver of the rights of the City with respect to any other defaults by the Redeveloper under this Section or with respect to the particular default except to the extent specifically waived in writing. SECTION 707. IMPOSSIBILITY OF PERFORMANCE BY CITY PRIOR TO CONVEYANCE OF PROPERTY. Should at any time prior to the conveyance of title to any Property under this Agreement, the City of Iowa City, Iowa be enjoined from such conveyance or prevented from so doing by any order or decision or act of any judicial, legislative or executive body having authority in the premises, the City at its option may terminate this Agreement and any obligations incurred by either party shall cease. In the event of such termination, the City shall not be responsible for any damages, expenses or costs incurred by the Redeveloper by reason of such termination. It is further agreed and understood that the City shall have no liability for failure to deliver title to such Property or any part thereof to the Redeveloper after making a good faith attempt to do so. SECTION 708. ENFORCED DELAY IN PERFORMANCE FOR CAUSE BEYOND CONTROL OF PARTY. For the purposes of any of the provisions of the Agreement, ne tiher the City nor the Redeveloper, as the case may be, nor any successor in interest, shall be considered in breach of, or default in, its obligations with respect to this Agreement in the event of enforced delay in the performance of such obligations due to unfore- seeable causes beyond its control and without its fault or negligence, including, but not restricted to, acts of God, acts of the public enemy, acts of the other party, fires, floods, epidemics, quarantine restrictions, strikes, and usually severe weather or delays of subcontractors due to such causes; it being the purpose and intent of this provision that in the event of the occurrence of any such enforced delay, the time or times for performance of the obligations of the City or of the Redeveloper under this Agreement, as the case may be, shall be extended for the period of the enforced delay as determined by the City: Provided, That the party seeking the benefit of the provisions of this Section shall, within ten (10) days after the beginning of any such enforced delay, have first notified the other party thereof in writing, and of the cause or causes thereof, and requested an extension for the period of the enforced delay. SECTION 709. RIGHTS AND REMEDIES CUMULATIVE. The rights and remedies of the parties to the Agreement, whether provided by law or by the Agreement, shall be cumulative, and the exercise by either party of any one or more of such remedies shall not preclude the exercise by it, at the same or different times, of any other such remedies for the same default or breach or of any of its remedies for any other default or breach by the other party. No waiver made by either such party with respect to the performance, or manner or time thereof, or any obligation of the other party or any condition to its own obligation under the Agreement shall be considered a waiver of any rights of the party making the waiver with respect to th3 particular obligation of the other party or condition to its own obligation beyond those expressly waived in writing and to the extent thereof, or a waiver in any respect in regard to any other rights of the party making the waiver or any other obligations of the other party. II -18 SECTION 710. PARTY IN POSITION OF SURETY WITH RESPECT TO OBLIGATIONS. The Re eve aper, for itself and its successors and assigns, and for all other persons who are or who shall become, whether by express or implied assumption or otherwise, liable upon or subject to any obligation or burden under the Agreement, hereby waives, to the fullest extent permitted by law and equity, any and all claims or defenses otherwise available on the ground of its (or their) being or having become a person in the position of a surety, whether real, personal, or otherwise or whether by agreement or operation of law, including, without limitation on the generality of the foregoing, any and all claims and defenses based upon extension of time, indulgence, or modification of terms of contract. ARTICLE VIII. MISCELLANEOUS SECTION 801. CONFLICT OF INTERESTS; CITY REPRESENTATIVES NOT INDIVID UALLY LIABLE. No member, o y s a official, or employee of the Cit1 have any personal interest as defined in Chapter 403, Code of Iowa 1977, direct or indirect, in the Agreement, nor shall any such member, offical, or employee participate in any decision relating to the Agreement which affects his personal interests or the interests of any corporation, partnership, or association in which he is, directly or indirectly, interested. No member, official, or employee of the City shall be personally liable to the Redeveloper, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Rede- veloper or successor or on any obligations under the terms of the Agreement. SECTION 802. EQUAL EMPLOYMENT OPPPORTUNITY. The Redeveloper, for se f anes itd its succsors an assigns, agrees that during the construction of the Improvements provided for in the Agreement: (a) The Redeveloper will not discriminate against any employee or applicant for employment because of race, color, religion, sex, disability, sexual orientation, marital status, or national origin. The Redeveloper will take affirmative action to insure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, disability, sexual orientation, marital status, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compen- sation; and selection for training, including apprenticeship. The Redeveloper agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the City setting forth the provisions of this nondiscrimination clause. (b) The Redeveloper will, in all solicitations or advertisements for employees placed by or on behalf of the Redeveloper, state that the Redeveloper is an equal opportunity employer. 11-19 (c) The Redeveloper will send to each labor union or representative of workers with which the Redeveloper has a collective bargaining agreement or other contract or understanding, a notice, to be provided, advising the labor union or workers' representative of the Redeveloper's commitments under Section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (d) The Redeveloper will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (e) The Redeveloper will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor or the Secretary of Housing and Urban Development pursuant thereto, and will permit access to the Redeveloper's books, records, and accounts by the City, the Secretary of Labor for purposes in investigation to ascertain compliance with such rules, regulations, and orders. (f) In the event of the Redeveloper's noncompliance with the non- discrimination clauses of this Section, or with any of the said rules, regulations, or orders, the Agreement may be canceled, terminated, or suspended in whole or in part and the Redeveloper may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (g) The Redeveloper will include the provisions of Paragraphs (a) through (g) of this Section in every contract or purchase order, and will require the inclusion of these provisions in every subcontract entered into by any of its contractors, unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each such contractor, subcontractor, or vendor, as the case may be. The Redeveloper will take such action with respect to any construction contract, subcontract, or purchase order as the City or the Department of Housing and Urban Development may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, That in the event the Redeveloper becomes invofveU_ in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the City or the Depart- ment of Housing and Urban Development, the Redeveloper may request the United States to enter into such litigation to protect the interests of the United States. II -20 SECTION 803. PROVISIONS NOT MERGED WITH DEED. None of the provisions " of the Agreement are intended to or shaT1 be merged by reason of any deed transferring title to the Property from the City to the Redeveloper or any successor in interest, and any such deed shall not be deemed to affect or impair the provisions and covenants of the Agreement. SECTION 804. TITLES OF ARTICLES AND SECTIONS. Any titles of the several parts, Articles, and Sections of the Agreement are inserted for convenience of reference only and shall be disregarded in construing or interpreting any of its provisions. II -21 RESOLUTION NO. RESOLUTION AUTHORIZING THE SALE OF URBAN RENEWAL PROPERTY WHEREAS, the City of Iowa City, Iowa, has under date September 2, 1970, entered into a contract for loan and grant with the United States of America; and, WHEREAS, the City of Iowa City, Iowa, has undertaken pursuant to said contract an Urban Renewal Project known as the City -University Project I, Project Number Iowa R -N ; and, WHEREAS, the City of Iowa City, Iowa, has received an entitlement of funds pursuant to the Housing and Community Development Act of 1974; and, WHEREAS, the City of Iowa City, Iowa, has pursuant to the provisions of Title -24, Part 570, Section 570.801(c), of the Code of Federal Regulations, transferred Community Development Block Grant funds to said Urban Renewal Project, and transferred control of certain real property acquired in carrying out said Urban Renewal Project to the City Council of the City of Iowa City from the City Council acting as LPA, by Resolution Number 76-446, dated December 14, 1976, and by Resolution Number 77-312, dated August 9, 1977; and, WHEREAS, the City Council of Iowa City, Iowa, caused to be issued a solicitation of Offers to Purchase Land for Private Redevelopment; and, WHEREAS, Offers to Purchase Land for Private Redevelopment were received and opened by the City of Iowa City on September 15, 1977; and, WHEREAS, the City Council of the City of Iowa City is now desireous of selling disposition Parcels 102-3,4to First Federal Savings and Loan Association, a ooroorat;on NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that pursuant to the authority granted by Section 403 of the 1977 Code of Iowa and Section 570.801(c) of Part 570, Title 24, Code of Federal Regulations, the Mayor and City Clerk are hereby authorized and directed to execute, on behalf of the City of Iowa City, a contract for Sale of Land for Private Redevelopment by and between First Federal Savings and Loan Association and the City of Iowa City, Iowa, a copy of which contract is attached hereto and incorporated herein, such land to be sold to First Federal Savings and Loan Association Disposition Parcels 102-3,4 as more particularly described in said contract. Upon execution of the contract by the City and First Federal Savings and Loan Association , the City Manager is authorized and directed to prepare a deed for said property and deliver the deed to First Federal Savings and Loan Association , a corporation upon receipt of payment for said property. It was moved by S4A%EK and seconded by $aS2ww that the Resolution as read be adopted and upon roll call there were: AYES —X— �'e- 7 7 - Ysy NAYS: ABSENT: >s -z - Balmer deProsse Foster Neuhauser Perret Selzer Vevera Passed and approved this „, day of `�yem.�e / 1977• ATTEST: CAL j&�L City gerk Mayor Part I of CONTRACT FOR SALE OF LAND FOR PRIVATE REDEVELOPMENT By and Between First Federal Savings and Loan Association of Iowa City and The City of Iowa City, Iowa CONTRACT FOR SALE OF LAND FOR PRIVATE REDEVELOPMENT AGREEMENT, consisting of this Part I and Part II annexed hereto and made a part hereof (which Part I and Part II are together hereinafter called "Agreement"), made on or as of the day of 1977, by and between the City of Iowa City, Iowa, a public body corporate (which, together with any successor public body or officer hereafter designated by or pursuant to law, is hereinafter called the "City"), established pursuant to the statutes of the State of Iowa pertaining to Municipalities, Cities, Towns, and particularly Chapter 403 of the Code of Iowa as amended (hereinafter called "Urban Renewal Act") and having its office at the Civic Center in the City of Iowa City, State of Iowa, and First Federal Savings Loan Assoc. of a corporation organized an existing under the iws of Iowa City the United States of Ameri hereinafter called "Redeveloper") and having an office for the transaction of business at 103 East College Street in the City of Iowa City County o Johnson and State of Iowa , WITNESSETH: WHEREAS, in furtherance of the objectives of the Urban Renewal Act, the City has undertaken a program for the clearance and reconstruction or rehabilitation of slum and blighted areas in the City, and in this connection is engaged in carrying out an urban renewal project (herein- after called "Project") in an area (hereinafter called the "Project Area") located in the City; and WHEREAS, as of the date of this Agreement there has been prepared and approved by the City an urban renewal plan for the Project, con- sisting of ("The Urban Renewal Plan, dated September 3, 1969, by Resolu- tion No. 2157, as amended from time to time and as it may hereafter be further amended pursuant to law, and as so constituted, is unless other- wise indicated by the context, hereinafter called "Urban Renewal Plan"), and WHEREAS, a copy of the Urban Renewal Plan as constituted on the date of the Agreement has been recorded among the land records for the place in which the Project Area is situated, namely, in the Office of the Johnson County Recorder in Book 490 at page 408, and has been filed in the Office of the Clerk of the City located at the Civic Center in the City; and WHEREAS, in order to enable the City to achieve the objectives of the Urban Renewal Plan and particularly to make the land in the Project Area available for redevelopment by private enterprise for redevelopment in accordance with the Urban Renewal Plan, both the Federal Government and the City have undertaken to provide and have provided substantial aid and assistance through a Contract for Loan and Capital Grant dated September 2, 1970, in the case of the Federal Government; and WHEREAS, pursuant to Chapter 403, Code of Iowa as amended, the City has offered to sell and the Redeveloper is willing to purchase certain real property located in the Project Area and more particularly described in Schedule A annexed hereto and made a part hereof (which property as so described is hereinafter called "Property") and to redevelop the Property for and in accordance with the uses specified in the Urban Renewal Plan and in accordance with the Agreement; and WHEREAS, the City believes that the redevelopment of the Property pursuant to the Agreement, and the fulfillment generally of the Agree- ment, are in the vital and best interests of the City and the health, safety, morals, and welfare of its residents, and in accord with the public purposes and provisions of the applicable Federal, State, and local laws and requirements under which the Project has been undertaken; and WHEREAS, the City has acquired title to certain property described in Schedule A hereof: NOW, THEREFORE, in consideration of the premises and the mutual obligations of the parties hereto, each of them does hereby covenant and agree with the other as follows: SECTION 1. SALE: PURCHASE PRICE Subject to all the terms, covenants, and conditions of the Agree- ment, the City will sell the property described in Schedule A hereof to the Redeveloper for, and the Redeveloper will purchase the property from the City and pay therefore, the amounts set forth in Schedule a hereof, subject to the terms and conditions of Section 2 of this Agreement. The amounts set forth in Schedule D, hereinafter called "Purchase Price," are to be paid in cash or by certified check simultaneously with the delivery of the deeds conveying the property to the Redeveloper. SECTION 2. CONVEYANCE OF PROPERTY (a) Form of Deed. The City shall convey to the Redeveloper title to tie property by Special Warranty Deed (hereinafter called "Deed"). Such conveyance and title shall, in addition to the condition subsequently provided for in Section 704, Part II, hereof, and to all other conditions, covenants, and restric- tions set forth or referred to elsewhere in the Agreement, be subject to: (1) Such easements as it shall have been necessary, pursuant to the Urban Renewal Plan, for the City to reserve, for itself or for future dedication or grant, for sewers, drains, water and gas distribution lines, electric, telephone, and telegraph installations, rights-of-way and access, or as described or referred to in "Schedule A," description of property, attached hereto and referenced as a part hereof; (2) All conditions, covenants and restrictions contained in said Urban Renewal Plan and Part I and II of this Contract. -2- (b) Time and Place for Delivery of Deeds. The City shall deliver the Deed and possession of the property to the Redeveloper upon payment of the purchase price in full upon such dates as called for in this Agreement. Conveyance shall be made at the principal office of the City and the Redeveloper shall accept such conveyance and pay to the City at such time and place the purchase price in full for each parcel delivered. (c) Recordation of Deeds. The Redeveloper shall promptly file the Deeds for recordation among the land records of Johnson County, Iowa. The Redeveloper shall pay all costs (including the cost of the State documentary stamp tax on the Deeds, for which stamps in the proper amount shall be affixed to the Deeds by the Redeveloper), for so recording said Deed. (d) Delivery of the Abstract. The City will furnish to the Rede- veloper in advance of the closing on each parcel, an abstract of title showing good marketable title in the City of Iowa City, Iowa, free and clear of all taxes, assessments or other encumbrances except as hereinbefore specified. The abstracts of title shall be at City expense and will be certified by a qualified abstracting company to the close of business as the closest practical date prior to the date of the deed of con- veyance. The cost of obtaining an attorney's examination of the abstracts for title opinion and/or the cost of obtaining title insurance, if required, shall be at the expense of the Redeveloper. (e) Delive�r�of Pro perty. The City will deliver the property described inn S�e A hereof at the time set forth in Schedule C hereof. The Redeveloper agrees to pay for and accept title of such property as called for in this Agreement and agrees to begin development promptly on the property conveyed within the time called for in this Agreement. Failure by the Redeveloper to pay for and accept delivery of the urban renewal land as called for herein will result in forfeiture of the deposits posted with the City by the Redeveloper attributable to such property, without limiting the City as to other remedies against the Redeveloper. In the event the City is unable to deliver the property as called for in Schedule C to the Redeveloper, the Redeveloper shall have the option of rescinding the development contract only as to such parcels in default by causing a written notice to be served upon the City of the exercise of such option. Upon receipt by the City of this notice, the City shall have sixty (60) days to cure the default by tendering the property covered in the notice to the Redeveloper. If the City is unable to cure the default within the sixty (60) days as provided herein, the Redeveloper shall, at its option, stand relieved of its obligation to accept the parcel or parcels involved and the City shall, in such event, promptly refund that portion of the Redeveloper's deposit attributable to such parcels to the Redeveloper. It is expressly understood and agreed that the City shall have no other liability, direct or indirect, to the Redeveloper on account of delay or inability to deliver land to the Redeveloper as -3- called for in this Agreement and the Redeveloper's remedy in the event of default by the City in delivery of urban renewal land is hereby specifically limited to rescinding the contract as to such land as provided in this paragraph. (f) Default bZRede veloper. In the event the Redeveloper fails to accept elivery of and pay for one or more parcels of property, as called for in this Agreement, the City may, at its option, call the entire Agreement, or the Agreement as it applies to any part of the property, in default, serve a proper notice of forfeiture upon the Redeveloper and terminate this Agreement in its entirety except that forfeiture of this Agreement shall not relieve the Redeveloper of the obligations imposed by this Agreement as to property already delivered to the Redeveloper. SECTION 3. GOOD FAITH DEPOSIT (a) Amount. The Redeveloper has, prior to or simultaneously with t e execution of the Agreement by the City, delivered to the City a good faith deposit or a surety bond in the penal amount of N A Dollars, (ten percent 0 of the purchase price , Tn w ich the City is the obligee, issued by N/A a surety company regularly engaged in the issuance of such--uncTer takings and on the list of surety companies approved by the United States Treasury for at least such amount, or cash, or a certified check satisfactory to the City in the amount of Five thousand and 00/100 --------------------Dollars, herein- after called 'Deposit,' as security for the performance of the obligations of the Redeveloper to be performed prior to the return of the Deposit to the Redeveloper, or its retention by the City as liquidated damages, or its application on account of the Purchase Price, as the case may be, in accordance with the Agreement. The Deposit, if cash or certified check, shall be deposited in an account of the City in a bank or trust company selected by it. (b) Interest. The City shall be under no obligation to pay or earn interest on the Deposit, but if interest is payable thereon such interest when received by the City shall be promptly paid to the Redeveloper. (c) Retention by City. Upon termination of the Agreement as provided—i�ctions 703 and 704 of Part II hereof, the Deposit or the proceeds of the Deposit, if not theretofore returned to the Redeveloper pursuant to Paragraph (d) of this Section, including all interest payable to such Deposit or the proceeds thereof after such termination, shall be retained by the City Agency as provided in Sections 703 and 704 of Part II hereof. -4- (d) Return to Redeveloper. Upon termination of the Agreement as provided in Section 702 of Part II hereof, the Deposit shall be returned to the Redeveloper by the City as provided in Section 702 of Part II hereof. SECTION 4. TIME FOR COMMENCEMENT AND COMPLETION OF IMPROVEMENTS The construction of the Improvements called for in this Agreement shall be commenced and completed in accordance with Schedule D hereof (te-be-submitted-by-BeyeTepee-with-bis-prepesa�). Provided, that if a mortgage securing money loaned to finance the Improve- ments, or any part thereof, is insured by the Secretary of Housing and Urban Development, then the aforesaid completion time shall not apply, but instead the construction of the Improvements, or any part thereof, shall be completed within the time specified in the applicable Building Loan Agreement approved by the Secretary of Housing and Urban Development. SECTION 5. TIME FOR CERTAIN OTHER ACTIONS (a) Time for Submission of Preliminary Design Plans. The Rede- veloper shall su mit Pre iminary Design Pans as called for in Section 301 of Part II of this Agreement as soon as possible after the time for conveyance set forth in Schedule C hereof, and shall submit such plans in no event later than December 15 1977 (b) Time for Submission of Construction Plans. The Redeveloper shall submit construction pans as called for in Section 301 of Part II of this Agreement as soon as possible after approval of the Preliminary Design Plans by the City Council, and in no event, later than sixty (60) days prior to the time for start of construction called for in Schedule D hereof. (c) Time for Submission of Corrected Plans. In the event that Preliminary Design Pans or Construction Plans are rejected by the City, as set forth in Section 301 of Part II of this Agreement, the Redeveloper shall submit corrected plans within thirty (30) days of said rejection. (d) If any hardship shall exist in complying with the foregoing provisions of this Section, the Redeveloper may petition to the City in writing for an extension of time for performance of any part of this Section, setting forth in detail the reasons for needing such extension. SECTION 6. PERIOD OF DURATION OF COVENANT ON USE The covenants pertaining to the use of the Property, set forth in Paragraph (a) of Section 401 of Part II hereof, shall remain in effect from the date of the Deed until October 2, 1994, the period specified or referred to in the Urban Renewal Plan, and shall automatically extend for five year periods thereafter, unless changed by the City Council. -5- SECTION 7. NOTICES AND DEMANDS. A notice, demand, or other communication under the Agreement by either party to the other shall be sufficiently given or delivered if it is dispatched by registered or certified mail, postage prepaid, return receipt requested, or delivered personally, and (i) in the case of the Redeveloper, is addressed to or delivered personally to the Redeveloper at First Federal Savings and Loan Association of Iowa City 103 East College Street Iowa City, Iowa 52240 AND (ii) in the case of the City, is addressed to or delivered personally to the: City Manager Civic Center 410 E. Washington St. Iowa City, IA 52240 or at such other address with respect to either such party as that may, from time to time, designate in writing and forward to the other as provided in this Section. SECTION 8. COUNTERPARTS The Agreement is executed in three (3) counterparts, each of which shall constitute one and the same instruments. IN WITNESS WHEREOF, the City has caused the Agreement to be duly executed in its name and behalf by its Mayor and its seal to be hereunto duly affixed and attested by its City Clerk, and the Redeveloper has caused the Agreement to be duly executed in its name and behalf by its and its corporate seal to be hereunto duly affixed and attested by its Secretary, on or as of the day first above written. an CITY OF IOWA CITY IOWA /1.... I/ ATTEST: First Federal Savings $ Loan Assoc. of REDEVELOPER ° 1 Y BY: SIDE ATTEST: 2 /�' � SECRETRY �— CORPORATE ACKNOWLEDGEMENT STATE OF c4wf} :tis COUNTY OF S0Mrv%5aw On this 2aNd day of A.D. , 1977, before me '�Qakk wpQ , a Notary Public, in and for the County of 4omvn V o State ofc�awR�Qov�aAd�i4 '4�v�nctpntI President, and W .19 `Qogr, Secretary or Treasurer, of ISi QAtAaQ 9R2!nt4V 4.40 A ASSOC , the Corpor- ation which executed the above and foregoing instrument, who being to me known as the identical persons who signed the foregoing instrument, and by me duly sworn, each for himself, did say that they are respectively the (OaK&a 1Qc • q)U4WXW President, and W ."R • 'Ros e. Secretary or Treasurer, of said Corporation; that (the seal affixed to said instrument is the seal of said Corporation) (Said Corporation has no seal) and that said instrument was by them signed and sealed on behalf of the said Corporation, by authority of its Board of Directors, and each of them acknowledged the excution of said instrument to be the voluntary act and deed of said Corporation, by it and each of them voluntarily executed. IN WITNESS MIEREOF, I have hereunto signed my name and affixed my Notarial Seal the day and year last above written. Notary Public in County, State of L) ' 7� My Commission expires l� �« SCHEDULE A LEGAL DESCRIPTION All that certain parcel or parcels of land located in the City of Iowa City, County of Johnson, State of Iowa, more particularly described as follows, to wit: All of Lot 4, Block 102, and the South 28 feet of Lot 3, Block 102, Iowa City, Johnson County, Iowa, according to the recorded plat thereof. ME PARCEL NO. 102-3 and 102-4 SCHEDULE B PRICE OFFERED -10- PRICE $151,000 SCHEDULE C TIME FOR CONVEYANCE PARCEL NO. DATE 102-3 and 102-4 November 30, 1977 SCHEDULE D Improvements on the parcel listed below will commence and be completed in accordance with the following schedule: PARCEL NO. COMMENCE ESTIMATED COMPLETION 102-3 and 102-4 March 31, 1978 December 31, 1978 -12- Part II of CONTRACT FOR SALE OF LAND FOR PRIVATE REDEVELOPMENT By and Between FIRST FEDERAL SAVINGS AND LOAN ASSOCIATION OF IOWA CITY and The City of Iowa City, Iowa ARTICLE I. PREPARATION OF PROPERTY FOR REDEVELOPMENT SECTION 101. DEMOLITION AND SITE CLEARANCE. It is agreed that the City shall convey and the redeveloper shall accept the property set forth in Schedule A of this agreement AS IS and it is expressely agreed that the City makes no warranty, express or implied, regarding subsurface conditions and that the City shall have no liability for any damages arising from subsurface conditions. It is further agreed that any contracts or specifications for site demolition and clearance which may have been examined by the redeveloper were examined for information purposes only, and that the City shall assume no liability for any defects or variance from the specifications for work previously completed. SECTION 102. EXPENSES, INCOME, AND SALVAGE. All expenses, including current taxes, if any, relating to buildings or other structures demolished or to be demolished in accordance with Section 101 hereof shall be borne by, and all income or salvage received as result of the demolition of such buildings or structures shall belong to the City. ON 103. CITY'S RESPONSIBILITIES FOR CERTAIN OTHER ACTIONS. The City, without expense to t e Redeve oper or assessment or claim against the property, shall cause the restriction of traffic and construction of public improvements on existing street rights-of- way, and the construction of parking structures as specifically set forth in the Urban Renewal Plan. Provided, the City reserves the right to make future modifications to the traffic circulation system and to the public improvements when such changes are deemed necessary and in the public interest, and further Provided in the event that the City, after a good faith attempt to do so, is unable to construct the parking structures due to an inability to issue revenue bonds, the City shall be without liability to the developer or the developer's assigns. (a) Installation of Public Utilities - The installation or re- location by the City or public utility company of such sewers, drains, water and gas distribution lines, electric, telephone, and telegraph lines and all other public utility lines, installations, and facilities as are necessary to be installed or relocated on or in connection with the Property by reason of the redevelopment contemplated by the Urban Renewal Plan and the development of the Property: Provided, that the City shall not be responsible for, nor bear any portion of the cost of, installing the necessary utility connections within the boundaries of the Property between the Improvements to be constructed on the Property by the Redeveloper and the water, sanitary sewer, and storm drain mains or other public utility lines owned by the City or by any public utility company within or without such boundaries, or electric, gas, telephone, or other public utility lines owned by any public utility company within or without such boundaries, and the Redeveloper shall secure any permits required for any such installation without cost or expense to the City. SECTION 104. WAI NG IN PETITIONS 6Y The Redeveloper hereby waives (as the purchaser of the Property under the Agreement and as the owner after the conveyance of the Property provided for in the Agreement) any and all claims to awards of damages, if any, to compensate for the closing, vacation, restriction, change of restriction or change of grade of any street, alley, or other public right-of-way within or fronting or abutting on, or adjacent to, the Property which, pursuant to Section 103 hereof, is to be closed or vacated, or the grade of which is to be changed, and shall upon the request of the City subscribe to, and join with, the City in any petition or proceeding required for such vacation, dedication, change of grade, and, to the extent necessary, rezoning, and execute any waiver or other document in respect thereof. ARTICLE II. RIGHTS OF ACCESS TO PROPERTY SECTION 201. RIGHT OF ENTRY FOR UTILITY SERVICE. The City reserves for itself, the City, and any public utility company, as may be appro- priate, the unqualified right to enter upon the Property at all reasonable times for the purpose of reconstructing, maintaining, repairing, or servicing the public utilities located within the Property boundary lines and provided for in the easements described or referred to in Paragraph (a), Section 2 of Part I hereof. SECTION 202. NOT TO CONSTRUCT OVER UTILITY EASEMENTS. The Redeveloper shall not construct any building or other structure or improvement on, over, or within the boundary lines of any easement for public utilities described or referred to in Paragraph (a), Section 2 of Part I hereof, unless such construction is provided for in such easement or has been approved in writing by the City Engineer, or the authorized representative of an affected public utility. SECTION 203. ACCESS TO PROPERTY. Prior to the conveyance of the Property by the City to the Redeveloper, the City shall permit representatives of the Redeveloper to have access to any Property to which the City holds title, at all reasonable times for the purpose of obtaining data and making various tests concerning the Property necessary to carry out the Agreement. After the con- veyance of the Property by the City to the Redeveloper, the Re- developer shall permit employees, agents or representatives of the City access to the Property at all reasonable times for the pur- poses of the Agreement, including, but not limited to, inspection of all work being performed in connection with the construction of the Improvements. No compensation shall be payable nor shall any charge be made in any form by any party for the access provided for in this Section. II -2 ARTICLE III. CONSTRUCTION PLANS; CONSTRUCTION OF IMPROVEMENTS; CERTIFICATE OF COMPLETION ION 301. PLANS FOR CONSTRUCTION OF IMPROVEMENTS. Whenever used in this Agreement the term "preliminary design plans" shall include a site plan and preliminary plans for Improvements which clearly show the size, location, and external appearance of any structures, along with such other information as is necessary to fully deter- mine the intentions of the redeveloper. The term "construction plans" shall mean all plans, specifications, drawings, or other information required to be submitted for issuance of any permit called for by applicable codes and ordinance. The term "Improve- ments", as used in this Agreement, shall be deemed to make reference to any buildings, structures, renovations, or other improvements, as provided for and specified in this Agreement, preliminary design plans, and construction plans. The Redeveloper shall, prior to the construction of the Improve- ments called for in this Agreement, submit for approval by the City Council preliminary design plans, and such other information as is necessary for the City Council to fully determine the intentions of the redeveloper. Such plans shall be submitted no later than the time specified therefor in Paragraph (a), Section 5, of Part I hereof. It is expressly understood that the preliminary design plans shall be submitted to review by the City's Design Review Committee. Approval of such preliminary design plans by the City Council shall in no way relieve the redeveloper of the respon- sibility for obtaining all required permits and otherwise fully complying with all applicable state and local codes and ordinances. Following approval of preliminary design plans by the City Council the redeveloper shall submit construction plans and other informa- tion necessary to obtain all permits required by applicable codes and ordinances. The preliminary design plans, as defined herein, shall in any event, be deemed approved by the City Council unless rejection thereof in writing shall be set forth by the City within forty (40) days after the date of their receipt by the City Clerk. If the City so rejects such preliminary design plans in whole or in part, the Redeveloper shall submit new or corrected preliminary design plans which correct the defect set forth in the rejection, within the time specified therefor in Paragraph C, Section 5, of Part I hereof. The provisions of this section relating to approval, rejection, and resubmission of corrected preliminary design plans herein above provided with respect to the original plans shall continue to apply until the preliminary design plans have been approved by the City Council. All work with respect to the Improvements to be constructed or provided by the redeveloper on the property shall be in conformity with the preliminary design plans as approved by the City Council. Construction plans called for herein shall be consistent with and logical extensions of the preliminary design plans approved by the City Council. II -3 SECTION 302. CHANutS IN CONSTRUCTION PLANS. If the redeveloper desires to make any changes in the preliminary design plans after their approval by the City Council, the Redeveloper shall submit the proposed change to the City Council for its approval. Changes in construction plans as defined herein, may be approved by the Department of Housing and Inspection Services, provided that such changes will not cause the Improvement to be constructed in a manner not consistent with the preliminary design plans as approved by Council. SECTION 303. COMMENCEMENT AND COMPLETION OF CONSTRUCTION OF IMPROVEMENTS. The Redeveloper agrees for itself, its successors and assigns, and every successor in interest to the Property, or any part thereof, and the Deed shall contain covenants on the part of the Redeveloper for itself and such successors and assigns, that the Redeveloper, and such successors and assigns, shall promptly begin and diligently pursue to completion the redevelopment of the Property through the construction of the Improvements thereon, and that such construction shall in any event be begun within the period specified in Section 4 of Part I hereof and be completed within the period specified in such Section 4. It is intended and agreed, and the Deed shall so expressly provide, that such agreements and covenants shall be covenants running with the land and that they shall, in any event, and without regard to technical classification or designation, legal or otherwise, and except only as otherwise specifically provided in the Agreement itself, be, to the fullest extent permitted by law and equity, binding for the benefit of the community and the City and enforceable by the City against the Redeveloper and its successors and assigns to or of the Property or any part thereof or any interest therein. SECTION 304. PROGRESS REPORTS. Subsequent to conveyance of the Property, or any part thereof, to the Redeveloper, and until construction of the Improvements has been completed, as set forth in Section 305 hereof, the Redeveloper shall make reports, set forth the status of Improvements, construction schedule, and such other information as may reasonably be requested by the City, as to the actual progress of the Redeveloper with respect to such construction. SECTION 305. CERTIFICATE OF COMPLETI (a) Within thirty (30) days after completion of the Improvements in accordance with those provisions of the Agreement relating solely to the obligations of the Redeveloper to construct the Improvements (including the dates for beginning and completion thereof), the City will furnish the Redeveloper with an appro- priate instrument so certifying. Such certification by the City shall be (and it shall be so provided in the Deed and in the certification itself) a conclusive determination of satis- faction and termination of the agreements and covenants in the dates for the beginning and completion thereof: Provided, II -4 that if there is upon the Property a mortgage insured, or held or owned, by the Federal Housing Administration and the Federal Housing Administration shall have determined that all buildings constituting a part of the Improvements and covered by such mortgage are, in fact, substantially completed in accordance with the plans and are ready for occupancy, then, in such event, the City and the Redeveloper shall accept the deter- mination of the Federal Housing Administration as to such completion of the construction of the Improvements in accor- dance with the plans, and, if the other agreements and covenants in the Agreement obligating the Redeveloper in respect of the construction and completion of the Improvements have been fully satisfied, the City shall forthwith issue its certifi- cation provided for in this Section. Such certification and such determination shall not constitute evidence of compliance with or satisfaction of any obligation of the Redeveloper to any holder of a mortgage, or any insurer of a mortgage, securing money loaned to finance the Improvements, or any part thereof. (b) With respect to such individual parts or parcels of the Property which, if so provided in Part I hereof, the Redeveloper may convey or lease as the Improvements to be constructed thereon are completed, the City will also, upon proper completion of the Improvements relating to any such part or parcel, furnish the Redeveloper with an appropriate instrument, certifying that such Improvements relating to any such part or parcel have been made in accordance with the provisions of the Agree- ment. Such certification shall mean and provide (1) that any party purchasing or leasing such individual part or parcel pursuant to the authorization herein contained shall not (because of such purchase or lease) incur any obligation with respect to the construction of the Improvements relating to such part or parcel or to any other part or parcel of the Property; and (2) that neither the City nor any other party shall thereafter have or be entitled to exercise with respect to any such individual part or parcel so sold (or, in the case of lease, with respect to the leasehold interest) any rights or remedies or controls that it may otherwise have or be entitled to exercise with respect to the construction of Improvements as called for herein. (c) Each certification provided for in this Section shall be in such form as will enable it to be recorded in the proper office for the recordation of deeds and other instruments pertaining to the Property, including the Deed. If the City shall refuse or fail to provide any certification in accor- dance with the provisions of this Section, the City shall, within thirty (30) days after written request by the Rede- veloper, provide the Redeveloper with a written statement, indicating in adequate detail in what respects the Redeve;oper has failed to complete the Improvements in accordance with the provisions of the Agreement, or is otherwise in default, and what measures or acts it will be necessary, in the opinion of the City, for the Redeveloper to take or perform in order to obtain such certification. II -5 ARTICLE ... RESTRICTIONS UPON USE Of P :RTY SECTION 401. RESTRICTIONS ON USE. The Redeveloper agrees for itself, and its successors and assigns, and every successor in interest to the Property, or any part thereof, and the Deed shall contain covenants on the part of the Redeveloper for itself, and such successors and assigns, that the Redeveloper, and such successors and assigns, shall: (a) Devote the Property to, and only to and in accordance with, the uses specified in the Urban Renewal Plan; and (b) Not discriminate upon the basis of race, color, creed, religion, age, disability, sex or national origin in the sale, lease, or rental or in the use or occupancy of the Property or any improvements erected or to be erected thereon, or any part thereof. (c) All advertising (including signs) for sale and/or rental of the whole or any part of the Property shall include the legend, "An Open Occupancy Building" in type or lettering of easily legible size and design. The word "Project" or "Development" may be substituted for the word "Building" where circumstances require such substitution. (d) Comply with the regulations issued by the Secretary of Housing and Urban Development set forth in 37 F.R. 22732-3 and all applicable rules and orders issued thereunder which prohibit the use of lead-based paint in residential structures under- going federally -assisted construction or rehabilitation and require the elimination of lead-based paint hazards. SECTION 402. COVENANTS: BINDING UPON SUCCESSORS IN INTERESTS: PERIOD OF DURATION. It is intended and agreed, and the Deed shall so expressly provide, that the agreements and covenants provided in Section 401 hereof shall be covenants running with the land and that they shall, in any event, and without regard to technical classification or designation, legal or otherwise, and except only as otherwise specifically provided in the Agreement, be binding, to the fullest extent permitted by law and equity, for the benefit and in favor of, and enforceable by, the City, its successors and assigns, any successor in interest to the Property, or any part thereof, and the United States (in the case of the covenant provided in subdivision (b) of Section 401 hereof), against the Redeveloper, its successors and assignsland every successor in interest to the Property, or any part thereof or any interest therein, and any party in possession or occupancy of the Property or any part thereof. It is further intended and agreed that the agreement and covenant provided in subdivision (a) of Section 401 hereof shall remain in effect for the period of time, or until the date, specified or referred to in Section 6 of Part I hereof (at which time such agreement and covenant shall terminate) and that the agreements and covenants provided in II -6 subdivision (b; Section 401 hereof shall remi in effect without limitation as to time: Provided, that su�agreements and covenants shall be binding on the Redeveloper itself, each successor in interest to the Property, and every part thereof, and each party in possession or occupancy, respectively, only for such period as such successor or party shall have title to, or an interest in, or possession or occupancy of, the Property or part thereof. The terms "uses specified in the Urban Renewal Plan" and "land use" referring to provisions of the Urban Renewal Plan, or similar language, in the Agreement shall include the land and all building, housing, and other requirements or restrictions of the Urban Renewal Plan pertaining to such land. SECTION 403. CITY AND UNITED STATES RIGHTS TO ENFORCE. In amplifica- tion, and not in restriction of, the provision of the preceding Section, it is intended and agreed that the City and its successors and assigns shall be deemed beneficiaries of the agreements and covenants provided in Section 401 hereof, and the United States shall be deemed a beneficiary of the covenant provided in sub- division (b) of Section 401 hereof, both for and in their or its own right and also for the purposes of protecting the interests of the community and other parties, public or private, in whose favor or for whose favor or for whose benefit such agreements and covenants have been provided. Such agreement and covenants shall (and the Deed shall so state) run in favor of the City and the United States, for the entire period during which such agreements and covenants shall be in force and effect, without regard to whether the City or the United States has at any time been, remains, or in an owner of any land or interest therein to or in favor of which such agreements and covenants relate. The City shall have the right, in the event of any breach of any such agreement or covenant, and the United States shall have the right in the event of any breach of the covenant provided in subdivision (b) of Section 401 hereof, to exercise all the rights and remedies, and to maintain any actions or suits at law or in equity or other proper proceedings to enforce the curing of such breach of agreement or covenant, to which it or any other beneficiaries of such agreement or covenant may be entitled. ARTICLE V. PROHIBITIONS AGAINST ASSIGNMENT AND TRANSFER SECTION 501. REPRESENTATIONS AS TO REDEVELOPMENT. The Redeveloper represents and agrees that its purchase of the Property, and its other undertakings pursuant to the Agreement, are, and will be used, for the purpose of the redevelopment of the Property and not for speculation in land holding. The Redeveloper further recognizes that, in view of (a) the importance of the redevelopment of the Property to the general welfare of the community; (b) the substantial financing and other public aids that have been made available by law and by the Federal and local Governments for the purpose of making such redevelopment possible; and (c) the fact that a transfer of the stock in the Redeveloper or of a substantial part thereof, or any other act or transaction II -7 involving or resulting in a significant change in the owner- ship or distribution of such stock or with respect to the identity of the parties in control of the Redeveloper or the degree thereof, is for practical purposes a transfer or disposition of the Property then owned by the Redeveloper, the qualifications and identity of the Redeveloper, and its stock- holders, are of particular concern to the community and the City. The Redeveloper further recognizes that it is because of the recog- nition of such qualifications and identity that the City is entering into the Agreement with the Redeveloper, and, in so doing, the City is further willing to accept and rely on the obligations of the Redeveloper for the faithful performance of all undertakings and covenants in the Agreement. SECTION 502 FER OF OWNERSHIP OR REDEVELOPER. For the foregoing reasons, the Redeveioper agrees for itself, and all persons holding an interest therein, their heirs, successors and assigns that there shall be no change or transfer of ownership or control by any person or combination of persons owning or controlling ten (10) percent or more interest in the Redeveloper through sale, assignment, merger, increased, capitalization or by any other means, without the express written approval of the City. With respect to this provision, the Rede- veloper and the parties signing the Agreement on behalf of the Redeveloper represent that they have the authority of all persons holding interest therein to agree to this provision on their behalf and to bind them with respect thereto. SECTION 503. PROHIBITION AGAINST TRANSFER OF PROPERTY AND ASSI AGREEMENT. Aso, for the foregoing reasons the Redeveloper represents and agrees for itself, and its successors and assigns, that: (a) Except only (1) by way of security for, and only for, (i) the purpose of obtaining financing necessary to enable the Redeveloper or any successor in interest to the Property, or any part thereof, to perform its obligations with respect to making the Improvements under the Agreement, and (ii) any other purpose authorized by the Agreement, and (2) as to any individual parts or parcels of the Property on which the Improvements to be constructed thereon have been completed, and which, by the terms of the Agreement, the Redeveloper is authorized to convey or lease as such Improvements are completed, the Redeveloper (except as so authorized) has not made or created, and that it will not, prior to the proper completion of the Improve- ments as certified by the City, make or create, or suffer to be II -8 made or created, any total or partial sale, assignment, conveyance, or lease, or any trust or power, or transfer in any other mode or form of or with respect to the Agreement or the Property, or any part thereof or any interest therein, or any contract or agreement to do any of the same, without the prior written approval of the City: Provided, that prior to the issuance by the City of the certificate provided by in Section 306 hereof as to completion of construction of the Improvements, the Redeveloper may enter into any agreement to sell, lease, or otherwise transfer, after the issuance of such certificate, the Property or any part thereof or interest therein, which agreement shall not provide for payment of or on account of the purchase price or rent for the Property, or the part thereof or the interest therein to be so transferred, prior to the issuance of such certificate. (b) The City shall be entitled to require, except as otherwise provided in the Agreement, as conditions to any such approval that: (1) Any proposed transferee shall have the qualifications and financial responsibility, as determined by the City, necessary and adequate to fulfill the obligations under- taken in the Agreement by the Redeveloper (or, in the event the transfer is of or relates to part of the Property, such obligations to the extent that they relate to such part). (2) Any proposed transferee, by instrument in writing satis- factory to the City and in form recordable among the land records, shall, for itself and its successors and assigns, and expressly for the benefit of the City, have expressly assumed all of the obligations of the Redeveloper under the Agreement and agreed to be subject to all the condi- tions and restrictions to which the Redeveloper is sub- ject (or, in the event the transfer is of or relates to part of the Property, such obligations, conditions, and restrictions to the extent that they relate to such part): Provided, that any instrument or agreement which purports to transfer any interest whatsoever caused by this agreement without the express written approval of the City, is null and void. (3) There shall be submitted to the City for review all instruments and other legal documents involved in effecting transfer; and if approved by the City, its approval shall be indicated to the Redeveloper in writing. (4) The consideration payable for the transfer by the trans- feree or on its behalf shall not exceed an amount repre- senting the actual cost (including carrying charges) to the Redeveloper of the Property (or allocable to the part thereof or interest therein transferred) and the Improve- ments, if any, theretofore made thereon by it; it being the intent of this provision to preclude assignment of the Agreement or transfer of the Property for profit II -9 prior the issuance of the certifici of completion as set forth in Section 306 of this Agreement. The City shall be entitled to increase the Purchase Price to the Redeveloper by the amount that the consideration payable for the assignments or transfer is in excess of the amount that may be authorized pursuant to this sub- division (4), and such consideration shall, to the extent it is in excess of the amount so authorized, belong to and forthwith be paid to the City. (5) The Redeveloper and its transferee shall comply with such other conditions as the City may find desirable in order to achieve and safeguard the purposes of the Urban Renewal Act and the Urban Renewal Plan. Provided, that in the absence of specific written agreement by the City to the contrary, no such transfer or approval by the City thereof shall be deemed to relieve the Redeveloper, or any other party bound in any way by the Agreement or otherwise with respect to the construction of the Improvements, from any of its obli- gations with respect thereto. ON 504. INFORMATION AS TO HOLDERS OF INTEREST IN REDEVELOPER. In order to assist in the effectuation of the purposes of tis Article V and the statutory objectives generally, the Redeveloper agrees that during the period between execution of the Agreement and completion of the Improvements as certified by the City, (a) the Redeveloper will promptly notify the City of any and all changes whatsoever in the ownership or control of interest, legal or beneficial, or of any other act or transaction involving or resulting in any change in the ownership of such interest or in the relative distribution thereof, or with respect to the identity of the parties in control of the Redeveloper or the degree thereof, of which it or any of its officers have been notified or otherwise have knowledge or information; and (b) the Redeveloper shall at such time or times as the City may request, furnish the City with a complete statement, sub- scribed and sworn to by the President or other executive officer of the Redeveloper, setting forth all of the holders of interest in the Redeveloper and the extent of their re- spective holdings, and in the event any other parties have a beneficial interest in such holdings their names and the extent of such interest, all as determined or indicated by the records of the Redeveloper, any specific inquiry made by any such officer, of all parties who on the basis of all such records own ten (10) percent or more of the interest in the Redeveloper, and by such other knowledge or information as such officer shall have. Such lists, data, and information shall in any event be furnished the City immediately prior to the delivery of the Deed to the Redeveloper and as a condition precedent thereto, and annually thereafter on the anniversary of the date of the Deed until the issuance of a certificate of completion of all the Property. II -10 ARTICLE VI. MORTGAGE FINANCING; RIGHTS OF MORTGAGEES ON 601. LIMITATION UPON ENCUMBRANCE OF PROPERTY. Prior to the completion of the Improvements, as certified by the City, neither the Redeveloper nor any successor in interest to the Property or any part thereof shall engage in any financing or any other trans- action creating any mortgage or other encumbrance or lien upon the Property, whether by express agreement or operation of law, or suffer any encumbrance or lien to be made on or attach to the Property, except for the purposes of obtaining (a) funds only to the extent necessary for making the Improvements, and (b) such additional funds, if any, in an amount not to exceed the Purchase Price paid by the Redeveloper to the City. The Redeveloper (or successor in interest) shall notify the City in advance of any financing, secured by mortgage or other similar lien instrument, it proposes to enter into with respect to the Property, or any part thereof, and in any event it shall promptly notify the City of any encumbrance or lien that has been created on or attached to the Property, whether by voluntary act of the Redeveloper or otherwise. For the purposes of such mortgage financing as may be made pursuant to the Agreement, the Property may, at the option of the Redeveloper (or successor in interest), be divided into several parts or parcels, provided that such subdivision, in the opinion of the City, is not inconsistent with the purposes of the Urban Renewal plan and the Agreement and is approved in writing by the City. SECTION 602. MORTGAGEE NOT OBLIGATED TO CONSTRUCT. Notwithstanding any of t e provisions of t e Agreement, inc u ing but not limited to those which are or are intended to be covenants running with the land, the holder of any mortgage authorized by the Agreement (includ- ing any such holder who obtains title to the Property or any part thereof as a result of foreclosure proceedings, or action in lieu thereof, but not including (a) any other party who thereafter obtains title to the Property or such part from or through such holder, or (b) any other purchaser at foreclosure sale other than the holder of the mortgage itself) shall in no wise be obligated by the provisions of the Agreement to construct or complete the Improve- ments or to guarantee such construction or completion; nor shall any covenant or any other provision in the Deed be construed to so obligate such holder: Provided, that nothing in this Section or any other Section or provision of the Agreement shall be deemed or construed to permit or authorize any such holder to devote the Property or any part thereof to any uses, or to construct any improvements thereon, other than those uses or improvements provided or permitted in the Urban Renewal Plan and in the Agreement. SECTION 603. COPY uF NOTICE OF DEFAULT TO MORTGAGEt. Whenever the City shall deliver any notice or demand to the Redeveloper with respect to any breach or default by the Redeveloper in its obligations or covenants under the Agreement, the City shall at the same time forward a copy of such notice or demand to each holder of any mortgage authorized by the Agreement at the last address of such holder shown in the records of the City. SECTION 604. MORTGAGEE'S OPTION TO CURE DEFAULTS. After any breach or default referred to in Section 603 hereof, each such holder shall (insofar as the rights of the City are concerned) have the right, at its option, to cure or remedy such breach or default (or such breach or default to the extent that it relates to the part of the Property covered by its mortgage) and to add the cost thereof to the mortgage debt and the lien of its mortgage: Provided, that if the breach or default is with respect to construction of the Improvements, nothing contained in this Section or any other Section of the Agreement shall be deemed to permit or authorize such holder, either before or after foreclosure or action in lieu thereof, to undertake or continue the construction or completion of the Improvements (beyond the extent necessary to conserve or protect Improvements or construction already made) without first having expressly assumed the obligation to the City, by written agreement satisfactory to the City, to complete, in the manner provided in the Agreement, the Improvements on the Property or the part thereof to which the lien or title of such holder relates. Any such holder who shall properly complete the Improvements relating to the Property or applicable part thereof shall be entitled, upon written request made to the City, to a certification or certifications by the City to such effect in the manner provided in Section 305 of the Agreement, and any such certification shall, if so requested by such holder mean and provide that any remedies or rights with respect to recapture of or reversion or revesting of title to the Property that the City shall have or be entitled to because of failure of the Redeveloper or any successor in interest to the Property, or any part thereof, to cure or remedy any default with respect to the construction of the Improvements on other parts or parcels of the Property, or became of any other default in or breach of the Agreement by the Redeveloper or such successor, shall not apply to the part or parcel of the Property to which such certification relates. SECTION 605. CITY'S OPTION TO PAY MORTGAGE DEBT OR PURCHASE PROPERTY. In any case, where, subsequent to default or breach by the Rede- veloper (or successor in interest) under the Agreement, the holder of any mortgage on the Property or part thereof (a) has, but does not exercise, the option to construct or complete the Improvements relating to the Property or part thereof covered by its mortgage or to which it has obtained title, and such failure continues for a period of sixty (60) days after the holder has been notified or informed of the default or breach; or (b) undertakes construction or completion of the Improvements but does not complete such construction within the period as agreed upon by the City and such holder (which period shall in any event be at least as long as the period prescribed for such construction or completion in the Agreement), and such default shall not have been cured within sixty (60) days after written demand by the City so to do, the City shall (and every mortgage instrument made prior to comple- tion of the Improvements with respect to the Property by the Re- developer or successor in interest shall so provide) have the option of paying to the holder the amount of the mortgage debt and securing an assignment of the mortgage and the debt secured thereby, or, in the event ownership of the Property (or part thereof) has vested in such holder by way of foreclosure or action in lieu thereof, the City shall be entitled, at its option, to a conveyance to it of the Property or part thereof (as the case may be) upon payment to such holder of an amount equal to the sum of: (i) the mortgage debt at the time of foreclosure or action in lieu thereof (less all appropriate credits, including those resulting from collection and application of rentals and other income received during foreclosure proceedings); (ii) all expenses with respect to the foreclosure; (iii) the net expense, if any (exclusive of general overhead), incurred by such holder in and as a direct result of the subsequent management of the Property; (iv) the costs of any Improve- ments made by such holder; and (v) an amount equivalent to the interest that would have accrued on the aggregate of such amounts had all such amounts become part of the mortgage debt and such debt had continued in existence. SECTION 606. CITY'S OPTION TO CURE MORTGAGE DEFAULT. In the event of a default or breach prior to the completion of the Improvements by the Redeveloper, or any successor in interest, in or of any of its obliqations under, and to the holder of, any mortgage or other instrument creating an encumbrance or lien upon the Property or part thereof, the City may at its option cure such default or breach, in which cases the City shall be entitled, in addition to and without limitation upon any other rights or remedies to which it shall be entitled by the Agreement, operation of law, or other- wise, to reimbursement from the Redeveloper or successor in interest of all costs and expenses incurred by the City in curing such default or breach and to a lien upon the Property (or the part thereof to which the mortgage, encumbrance, or lien relates) for such reimbursement: Provided, that any such lien shall be subject always to the lien of including any lien contemplated, because of advances yet to be made, by) any then existing mortgages on the Property authorized by the Agreement. SECTION 607. MORTGAGE AND HOLDER. For the purposes of the Agreement: The term "mortgage" shall include a deed of trust or other instrument creating an encumbrance or lien upon the Property, or any part thereof, as security for a loan. The term "holder" in reference to a mortgage shall include any insurer or guarantor of any obligation II -13 or condition si ed by such mortgage or deed o ust, including, but not limited to, the Federal Housing Commissioner, the Admin- istrator of Veterans Affairs, and any successor in office of either such official. ARTICLE VII. REMEDIES SECTION 701. IN GENERAL. Except as otherwise provided in the Agree- ment, in the event of any default in or breach of the Agreement, or any of its terms or conditions, by either party hereto, or any successor to such party, such party (or successor) shall, upon written notice from the other, proceed immediately to cure or remedy such default or breach, and, in any event, within sixty (60) days after receipt of such notice. In case such action is not taken or not diligently pursued, or the default or breach shall not be cured or remedied within a reasonable time, the aggrieved party may institute such proceedings as may be necessary or desirable in its opinion to cure and remedy such default or breach, including, but not limited to, proceedings to compel specific performance by the party in default or breach of its obligations. SECTION 702. TERMINATION BY REDEVELOPER PRIOR TO CONVEYANCE. In the event that the City does not tender conveyance of the Property, or possession thereof, in the manner and condition, and by the date, provided in this Agreement, and any such failure shall not be cured within sixty (60) days after the date of written demand by the Redeveloper, and the City is unable to demonstrate, to the rea- sonable satisfaction of the Redeveloper that the defects, cloud, or other deficiencies in or on title involved, or the part of the property to which it relates, is of such nature that the Rede- veloper will not be hampered or delayed in the construction of the improvements by taking title and possession subject to such defects, the City will refund to the Developer any good faith deposit tendered by the Redeveloper for such property or the portion of said good faith deposit reasonable allocable to the portion of the property not conveyed and this agreement with respect to the property not conveyed shall be terminated, provided, it is hereby expressly agreed that in the event this agreement is terminated pursuant to this Section each party to this agreement shall be solely responsible for all expenses incurred or obligated by it and shall have no claim against the other party. ON 703. TERMINATION BY CITY PRIOR TO CONVEYANCE. In the event that prior to conveyance of the Property to the Redeveloper, the Redeveloper is in violation of Section 502 of Part II of this Agreement or the Redeveloper does not pay the Purchase Price and take title to the Property upon tender of conveyance by the City pursuant to this Agreement, or the Redeveloper fails to cure any default or failure within thirty (30) days from the date of written demand by the City, then this Agreement, and any rights of the Redeveloper, or any assignee or transferee, in this Agreement, or arising therefrom with respect to the City or the Property, shall, at the option of the City, be terminated by the City, in which event, as provided in Paragraph C, Section 3 of Part I hereof, the II -14 Deposit or any portion thereof may be retained by the City as liquidated damages and as its property without any deduction, offset, or recoupment whatsoever, and neither the Redeveloper (or assignee or transferee) nor the City shall have any further rights against or liability under this Agreement to the other in respect to the property or part thereof for which the deposit has been retained. SECTION 704. REVESTING TITLE IN CITY SUBSEQUENT TO CONVEYANCE TO REDEVELOPER. In the event that subsequent to conveyance of the Property or any part thereof to the Redeveloper and prior to completion of the Improvements as certified by the City (a) the Redeveloper does not submit plans as required by the Agreement in satisfactory form and in the manner and by the dates respectively provided in this Agreement; or (b) the Redeveloper (or successor in interest) shall default in or violate its obligations with respect to the construction of the Improvements (including the nature and the dates of for the beginning and completion thereof), or shall abandon or substantially suspend construction work, and any such default, violation, abandonment, or suspension shall not be cured, ended, or remedied within ninety (90) days after written demand by the City; or (c) the Redeveloper (or successor in interest) shall fail to pay real estate taxes or assessments on the Property or any part thereof when due, or shall place thereon any encumbrance or lien unauthorized by the Agreement, or shall suffer any levy or attachment to be made, or any materialmen's or mechanics' lien, or any other unauthorized encumbrance or lien to attach, and such taxes or assessments shall not have been paid, or the encumbrance or lien removed or discharged or provision satis- factory to the City made for such payment, removal, or discharge, within ninety (90) days after written demand by the City; or (d) the Redeveloper violates the provision of Section 502 of Part II of this Agreement and such violation shall not be cured within sixty (60) days after written demand by the City to the Redeveloper, then the City shall have the right to re-enter and take possession of the Property and all Improvements located thereon and to terminate (and revest in the City) the property conveyed by the Deed to the Redeveloper, it being the intent of this provision, together with other provisions of the Agreement, that the conveyance of the Property to the Redeveloper shall be made upon, and that the Deed shall contain, a condition subsequent to the effect that in the event of any default, failure, violation, or other action or iiaction by the Redeveloper specified in subdivisions (a), (b), (c) and (d) of this Section 704, failure on the part of the Redeveloper to remedy, end, or abrogate such default, failure, violation, or other action or inaction, within the period and in the manner stated in such subdivisions, the City at its option may declare a termination in favor of the City of the title, and of all the rights and interests in and to the Property conveyed by the Deed to the Redeveloper and Improvements constructed thereon, and that sucn title and all rights and interests of the Redeveloper, and any assigns or suc- cessors in interest to and in the Property and any Improvements constructed thereon, shall revert to the City: Provided, that such condition subsequent and any revesting of title as a result thereof in the City (1) shall always be subject to and limited by, and shall not defeat, render invalid, or limit in any way, (i) the lien of any mortgage authorized by the Agreement, and (ii) any rights or interests provided in the Agreement for the protection of the holders of such mortgages; and (2) shall not apply to individual parts or parcels of the Property (or, in the case of parts or parcels leased, the leasehold interest) on which the Improvements to be constructed thereon have been completed in accordance with the Agreement and for which a certificate of completion is issued therefor as provided in Section 305 hereof. In addition to and without in any way limiting the City's right to re-entry as provided for in this Section, the City shall have the right to retain the Deposit or any portion thereof, as provided in Paragraph C, Section 3 of Part I hereof, without any deduction, offset or recoupment what- soever, in the event of a default, violation or failure of the Redeveloper as specified in this Section. SECTION 705. RESALE OF REACQUIRED PROPERTY; DISPOSITION OF PROCEEDS. Upon the revesting in the City of title to the Property and any Improvements thereon, or any part thereof as provided in Section 704, the City shall, pursuant to its responsibilities under State law, use its best efforts to resell the Property or part thereof (subject to such mortgage liens and leasehold interests as in Section 704 set forth and provided) as soon and in such manner as the City shall find feasible and consistent with the objective of making or completing the Improvements or such other improvements in their stead as shall be satisfactory to the City and in accordance with the uses specified for such Property or part thereof in the Urban Renewal Plan. Upon such resale of the Property, the proceeds thereof shall be applied: (a) First, to reimburse the City, on its own behalf, for all costs and expenses incurred by the City, including but not limited to salaries of personnel, in connection with the recapture, management, and resale of the Property or part thereof (but less any income derived by the City from the Property or part thereof in connection with such management); all taxes, assessments, and water and sewer charges with respect to the Property or part thereof (or, in the event the Property is exempt from taxation or assessment or such charges during the period of ownership thereof by the City, the amount, if paid, equal to such taxes, assessments, or charges (as determined by the City assessing official) as would have been payable if the Property or part thereof at the time of revesting of title II -16 thereto in the City or to discharge or prevent from attaching or being made any subsequent encumbrances or liens due to obligations, defaults, or acts of the Redeveloper, its successors or transferees; any expenditures made or obligations incurred with respect to the making or completion or removal of the Improvements or any part thereof on the Property or part thereof; and any amounts otherwise owing the City by the Redeveloper and its successor or transferee; and (b) Second, to reimburse the Redeveloper, its successor or trans- feree, up to the amount amount equal to (1) the sum of the purchase price paid by it for the Property (or allocable to the part thereof) and the cash actually invested by it in making any of the Improvements on the Property or part thereof, unless (2) any gains or income withdrawn or made by it from the Agreement or the Property. Any balance remaining after such reimbursements shall be retained by the City as its property. SECTION 706. OTHER RIGHTS AND REMEDIES OF CITY; NO WAIVER BY DELAY. The City s a have the right to institute such actions or proceed- ings as it may deem desirable for effectuating the purposes of this Article VII, including also the right to execute and record or file among the public land records in the office in which the Deed is recorded a written declaration of the termination of all the right, title, and interest of the Redeveloper, and (except for such individual parts or parcels upon which construction of that part of the Improvements required to be constructed thereon has been completed, in accordance with the Agreement, and for which a certi- ficate of completion as provided in Section 305 hereof is to be delivered, and subject to such mortgage liens and leasehold interests as provided in Section 704 hereof) its successors in interest and assigns, in the Property, and the revesting of title thereto in the City: Provided, that any delay by the City in instituting or prosecuting any such actions or proceedings or otherwise asserting its rights under this Article VII shall not operate as a waiver of such rights or to deprive it of or limit such rights in any way (it being the intent of this provision that the City should not be constrained (so as to avoid the risk of being deprived of or limited in the exercise of the remedy provided in this Section because of concepts of waiver, laches, estoppel, or otherwise) to exercise such remedy at a time when it may still hope otherwise to resolve the problems created by the default involved); nor shall any waiver in fact made by the City with respect to any specific default by the Redeveloper under this Section be considered or treated as a waiver of the rights of the City with respect to any other defaults by the Redeveloper under this Section or with respect to the particular default except to the extent specifically waived in writing. SECTION 707. IMPOSSIBILITY OF PERFORMANCE BY CITY PRIOR TO CONVEYANCE OF PROPERTY. Should at any time prior to the conveyance of title to any Property under this Agreement, the City of Iowa City, Iowa be enjoined from such conveyance or prevented from so doing by any order or decision or act of any judicial, legislative or executive body having authority in the premises, the City at its option may terminate this Agreement and any obligations incurred by either party shall cease. In the event of such termination, the City shall not be responsible for any damages, expenses or costs incurred by the Redeveloper by reason of such termination. It is further agreed and understood that the City shall have no liability for failure to deliver title to such Property or any part thereof to the Redeveloper after making a good faith attempt to do so. ON 708. ENFORCED DELAY IN PERFORMANCE FOR CAUSE BEYOND CONTROL OF PARTY. For the purposes of any of the provisions of the Agreement, ne tiher the City nor the Redeveloper, as the case may be, nor any successor in interest, shall be considered in breach of, or default in, its obligations with respect to this Agreement in the event of enforced delay in the performance of such obligations due to unfore- seeable causes beyond its control and without its fault or negligence, including, but not restricted to, acts of God, acts of the public enemy, acts of the other party, fires, floods, epidemics, quarantine restrictions, strikes, and usually severe weather or delays of subcontractors due to such causes; it being the purpose and intent of this provision that in the event of the occurrence of any such enforced delay, the time or times for performance of the obligations of the City or of the Redeveloper under this Agreement, as the case may be, shall be extended for the period of the enforced delay as determined by the City: Provided, That the party seeking the benefit of the provisions of this Section shall, within ten (10) days after the beginning of any such enforced delay, have first notified the other party thereof in writing, and of the cause or causes thereof, and requested an extension for the period of the enforced delay. SECTION 709. RIGHTS AND REMEDIES CUMULATIVE. The rights and remedies of the parties to the Agreement, whether provided by law or by the Agreement, shall be cumulative, and the exercise by either party of any one or more of such remedies shall not preclude the exercise by it, at the same or different times, of any other such remedies for the same default or breach or of any of its remedies for any other default or breach by the other party. No waiver made by either such party with respect to the performance, or manner or time thereof, or any obligation of the other party or any condition to its own obligation under the Agreement shall be considered a waiver of any rights of the party making the waiver with respect to tha particular obligation of the other party or condition to its own obligation beyond those expressly waived in writing and to the extent thereof, or a waiver in any respect in regard to any other rights of the party making the waiver or any other obligations of the other party. II -18 SECTION 710. PARTY IN POSITION TH RESPECT TO OBL The Redeveloper, for itself and its successors and assigns, and TO all other persons who are or who shall become, whether by express or implied assumption or otherwise, liable upon or subject to any obligation or burden under the Agreement, hereby waives, to the fullest extent permitted by law and equity, any and all claims or defenses otherwise available on the ground of its (or their) being or having become a person in the position of a surety, whether real, personal, or otherwise or whether by agreement or operation of law, including, without limitation on the generality of the foregoing, any and all claims and defenses based upon extension of time, indulgence, or modification of terms of contract. ARTICLE VIII. MISCELLANEOUS SECTION 801. CONFLICT OF INTERESTS; CITY REPRESENTATIVES NOT INDIVID UALLY LIABLE. No member, official, or employee of the City shall have any personal interest as defined in Chapter 403, Code of Iowa 1977, direct or indirect, in the Agreement, nor shall any such member, offical, or employee participate in any decision relating to the Agreement which affects his personal interests or the interests of any corporation, partnership, or association in which he is, directly or indirectly, interested. No member, official, or employee of the City shall be personally liable to the Redeveloper, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Rede- veloper or successor or on any obligations under the terms of the Agreement. SECTION 802. EQUAL EMPLOYMENT OPPPORTUNITY. The Redeveloper, for itse f and its successors an assigns, agrees that during the construction of the Improvements provided for in the Agreement: (a) The Redeveloper will not discriminate against any employee or applicant for employment because of race, color, religion, sex, disability, sexual orientation, marital status, or national origin. The Redeveloper will take affirmative action to insure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, disability, sexual orientation, marital status, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compen- sation; and selection for training, including apprenticeship. The Redeveloper agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the City setting forth the provisions of this nondiscrimination clause. (b) The Redeveloper will, in all solicitations or advertisements for employees placed by or on behalf of the Redeveloper, state that the Redeveloper is an equal opportunity employer. 11-19 (c) The Redeveloper will send to each labor union or representative of workers with which the Redeveloper has a collective bargaining agreement or other contract or understandin-, a notice, to be provided, advising the labor union or workers' representative of the Redeveloper's commitments under Section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (d) The Redeveloper will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (e) The Redeveloper will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor or the Secretary of Housing and Urban Development pursuant thereto, and will permit access to the Redeveloper's books, records, and accounts by the City, the Secretary of Labor for purposes in investigation to ascertain compliance with such rules, regulations, and orders. (f) In the event of the Redeveloper's noncompliance with the non- discrimination clauses of this Section, or with any of the said rules, regulations, or orders, the Agreement may be canceled, terminated, or suspended in whole or in part and the Redeveloper may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (g) The Redeveloper will include the provisions of Paragraphs (a) through (g) of this Section in every contract or purchase order, and will require the inclusion of these provisions in every subcontract entered into by any of its contractors, unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each such contractor, subcontractor, or vendor, as the case may be. The Redeveloper will take such action with respect to any construction contract, subcontract, or purchase order as the City or the Department of Housing and Urban Development may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, That in the event the Redeveloper becomes involveec in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the City or the Depart- ment of Housing and Urban Development, the Redeveloper may request the United States to enter into such litigation to protect the interests of the United States. II -20 SECTION 803. PROVISIONS NOT MERGED WITH DEED. None of the provisions of the Agreement are intended to or shall be merged by reason of any deed transferring title to the Property from the City to the Redeveloper or any successor in interest, and any such deed shall not be deemed to affect or impair the provisions and covenants of the Agreement. SECTION 804. TITLES OF ARTICLES AND SECTIONS. Any titles of the several parts, Articles, and Sections of the Agreement are inserted for convenience of reference only and shall be disregarded in construing or interpreting any of its provisions. II -21 RESOLUTION NO. 77-455 A4- 114' RESOLUTION ACCEPTING PRELIMINARY PLAT' OF NORTHRIDGE SUBDIVISION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the approval of the preliminary plat for Northridge Subdivision be granted with the following conditions: A. That the deficiencies and discrepancies noted in the November 3rd, 1977, Staff Report be corrected. B. That the Legal Staff review the legal papers. C. That the covenants be attached to the plat regarding: 1) joint driveways for Lots 1 & 2, and for Lots 4 & 5, and 2 granting the lots a common use area in the center area of the subdivision, D. That a waiver be granted in the block width requirements. i It was moved by '$'alKtc t and seconded by-sEfzfK- that the resolution as read be adopted and upon roll call there were: AYES: NAYS: ABSENT: Passed and approved this 22nd day of November , 1977. -1'ih,III � 1,,1QAA.f1P:.11L4a MAYOR ATTEST: CITY CLERK Received & Arprov3d By T;;. LUgal �- Z7 RESOLUTION N0. 77-457 RESOLUTION DISPOSING OF VACATED PORTION OF ALLEY WHEREAS, the City Council of Iowa City, Iowa, on the 28th day of June, 1977, held a Public Hearing on the vacation of the portion of the alley at 222 E. Prentiss, hereinafter described as: The South 120 feet of the alley located in Block 9 County Seat Addition to Iowa City, according to the recorded plat thereof and, WHEREAS, the City Council duly and legally enacted an ordinance vacating same, and, WHEREAS, the City Council on the 15th day of November, 1977, held a Public Hearing on the disposal of said vacated alley to an adjacent property owner, William D. Kerfoot, and WHEREAS, the above property has been appraised at Fair Market Value at $800.000. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the Mayor and City Clerk be authorized and directed to dispose of the above described property and execute Quit Claim Deed and to deliver same on receipt of the purchase price of $800.00. It was moved by 'Spl�«ce and seconded by VE g that the Resolution as rea e adopted, and upon roll call there t ere were: AYES: NAYS: ABSENT: BAIMER dePROSSE FOSTER NEUHAUSER PERREI _ SELZER Y _ VEVERA Passed and approved this 22nd day of November 1977. RECEIVED A APPROVED 8Y, THE LEGAL D PA TMENT N.e I I I& 2-9 bZ ct;l AS HIOTD A TO Fao:�dy 18 f: ai a�b MAN/� � � :,rs3a.L�r (( 6T ' ,�agwanoN 3° Aep PUN sFt{a P P� Passed �— Vd3A3A �— M13S 1321213 d �— 213SnVH03N —� d31SOd �— 3SSO8daP x d 3WIV9 : SHISflK : Sfidd � S37S`d :axaft axat ro TTax train PLw 'P94d8'm aq Psga se WRnT0882i W4 47-P a. Aq popuooes pue -An Tp s Aq PM= seer II 0 A3T3 �I 3o A4TO �� ap Aq Pwor eq s4uammwdus PFTs 4 'aa+oI 'A4TO RMI 30 TFOMpJ 13FO 9LP Aq CdA1'IOM II 3E MOMLL MON '9DF330 s,X�iO 114TO aqq ut aTTJ uo axr u}-oe.a;uoO •souO bULLMOUN 103 spUog aDUP104UTPW 'SVMERM GW •eMol 'aLBALU03 3o Auedwo0 6upoej;uoO •sojg 6uELMou)l Aq pa4onj4suoo se `9 Pue S sued "PALO i1ooS - LBH 1unoO uo� jamas A,aeT}ueS 'A4FO W�OI 30 A4TD ati3 30 suoFqroF3Foeds pue aurid tTM aompoom uF pagaiduoo uaeq ane:{ 94tteueu0xciuF &IF'`+oTTOF StS 4W4 P9T;T4xw SW Iaear3=dQa &IFXBGUF&C3 OLD '5VM04M 9 9 9 SiNVd 'ONVA3If109 110OS - IIIH 121f100 2103 213M3S A21V1INVS %UXd'ZWV NOIaCfM 3Zi 8Sb-LL ,CN m lrmm �w RESOLUTION NO. 77-459 RESOLUTION OF SYMPATHY AND COMMENDATION WHEREAS, George J. Turecek has been an employee of the City of Iowa City for approximately forty-three and a half years, and WHEREAS, The City Council of the City of Iowa City wishes to express its sincere sympathy to the family of George J. Turecek, NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA: 1. That the City Council recognize the meritorious service of George J. Turecek in the Department of Parks and Recreation over the past forty-three and a half years. 2. That the Mayor and City Clerk are hereby authorized and directed to certify a copy of this resolution to the family of George J. Turecek. It was moved by Balmer and seconded by Perret that the Resolution be adopted as read, and upon roll call there were: AYES NAYS ABSENT x Balmer x deProsse x Foster x Neuhauser x Perret x Selzer x Vevera Passed and approved this 6th day of December , 1977. Mayor Pro Tem 111 ATTEST: City C I er RESOLUTICN No. 77-460 RESOLUTION OF APPROVAL OF CLASS "C" BEER PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class "C" Beer Permit Application is hereby approved for the following named per- son or persons at the following described locations: Randall's International, Inc. dba/Randall's Foods, 1851 Lower Muscatine Road Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance or state law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the tame together with the license fee, surety bond and all other information or documents required to the Iowa Beer and Liquor Control Dpparbeent. It was moved by Balmer and seconded by Perret that the Resolution as read be adopted, and upon roll call there were: Balmer deProsse Foster eu auser erre Selzer evera AYES: NAYSt ABSENTS x x x x x Passed this 6th day of DP e_�mhPr _, 19 77 RESOLUTION NO. 77-461 ON OF APPROVAL OF APPLICATION. SUN] BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Sunday Sales Permit application is hereby approved oor—EF-e--3ollowing named person or persons at the following described location: Randall's INTERNATIONAL, Inc. dba/Randall Foods, 1851 Lower Muscatine Road Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance of state law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, bond, and all other information or docu- ments required to the Iowa Beer and Liquor Control Department. It was moved by Balmer and seconded by Perret that the Resolution as read e adopted, and upon roll call there were: AYES: NAYS: ABSENT: Balmer x deProsse x Foster x Neuhauser x Perret x Selzer x Vevera x Passed this 6th day of December i9 77 3 RESOLUTION NO. 77-462 RESOLUTION APPROVING CLASS LIQUOR CONTROL LICENSE APPLTC�TIaA BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Liquor Control License application is hereby appgrov— roved the followinnamed person or persons at the following described location: First Avenue Lounge of Iowa City, Inc./dba The Annex, 819 First Ave. Said approval shall be subject to any conditions tor re- strictions hereafter imposed by ordinance or State law. The City Clerk shall cause a recommendation for approval to he endorsed upon the application and forward the same together with the license fee, certificate of financial responsibilitysurety bond, sketch of the premises and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by Balmer and seconded by _ P-rret_ that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Balmer x deProsse x Foster x Neuhauser x Perret x Selzer x Vevera x Passed and approved this 6th day of December , 19 77 RESOLUTION No. 77-463 RESOLUTION AUTHORIZING THE CITY CLERK TO SEP A PUBLIC HEAR- ING ON WHETHER A BEER AND LIQUOR LICENSE ISSUED TO PZAZZ Ea=AINMERP, LTD., d/b/a THE FIEIDHO( SE, SHOULD BE REVOKED OR SUSPENDED FOR VIOLATIONS OF STATE LIQUOR REGULATIONS. WHEREAS, on July 28, 1977, the City Council issued a liquor control license to Pzazz Entertainment, Ltd., d/b/a The Fieldhouse, for the purpose of selling or dispensing alcoholic beverages pursuant to state and local laws, and WHEREAS, pursuant to State law and municipal ordinances the City Council may suspend or revoke any beer and liquor license issued for violations of state and local laws, and WHEREAS, the Police Chief has alleged that Pzazz Entertainment, Ltd., d/b/a The Fieldhouse, has violated section 123.49(2)(b) of the Code of Iowa, 1977, by selling or dispensing alcoholic beverages between the hours 00 A.M. and 6:00 A.M. on November 2, 1977. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOA CITY, I0WA, that the City Clerk set a date for a public hearing on whether the liquor control license issued to Pzazz Entertainment, Ltd., d/b/a The Fieldhouse, on July 28, 1977, should be suspended or revoked; and FURTHER, that the City Clerk give written notice to Pzazz Entertainment Ltd., d/b/a The Fieldhouse of said hearing. It was moved by Balmer and seconded by Perret that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x deProsse < 1 co"4E'J� x Foster ZG/' x Neuhauser 1 x Peet /O 1 l x Selzer �i/ d o P x Vevera Passed and approved this 6th day of December 1977. ATTEST:� ce . J� ✓F'Lr� i City Clerk ,--yor Pro Tem RECE11 LEGAL L� 6I:TEMENT AY THE � q/ /�_ 7� RESOLUTION NO. 77-464 RESOLUTION TO REQUEST FINANCIAL SETTLEMENT OF URBAN RENEWAL PROJECT IOWA R-14 WHEREAS, the City of Iowa City, Iowa, (hereinafter called the "City") and the United Stated of America, acting by and through the Secretary of Housing and Urban Development (hereinafter called the "Government") entered into Contract Iowa R-14,, as from time to time amended, providing for an Urban Renewal Project identified as City -University Project I (hereinafter called the "Project"); and, WHEREAS, it is in the mutual interest of the City and the Government to now provide for the financial settlement of said Project; and, WHEREAS, under the Housing and Community Development Act of 1974 (hereinafter called the "Act"), Community Development Block Grant funds, together with Federal Capital Grant fiords made available for the project which remain after provision for costs incurred, and unliquidated, contingent, or disputed claims or obligations, may be used for the repayment of project loans and interest and for other financial out- lays attendant to the financial settlement of the project; and, WHEREAS, the City through discussions, submissions of reports, and written communication has reported to the Government its intent to reach a financial settle- ment of the project using the provisions of the Housing and Community Development Act of 1974; and, WHEREAS, the project has been subjected to an audit and final project costs are now determinable; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, AS FOLLOWS: 1. That the Secretary of the Department of Housing and Urban Development (hereinafter referred to as "the Secretary") is hereby requested to approve the financial settlement of the project of which this resolution is a part, and it is agreed that said financial settlement is subject to satisfaction of the audit exceptions with respect thereto. 2. That the Secretary is hereby requested to apply any unearned grant funds under the project to repay loans and to pay interest on said loans. 3. That the project is hereby determined to be financially complete in accordance with the requirements for substantial completion as defined in Title 24, Code of Federal Regulations, Part 58 (24 CFR 58.3) and as identified in Exhibit A hereof. 4. That the unsold land for which ownership is held by the City of Iowa City identified in Exhibit B hereof constitutes all remaining project property and that proceeds from the sale or lease of such property after financial settlement and any miscellaneous income received due to said settlement shall be treated as Community Development Block Grant Program income and programmed for eligible activities in accordance with the rules and regulations of said Program and said activities shall be carried out in accordance with Subpart J of Title 24, Part 570 of the Code of Federal Regulations. S. That the City shall continue an adequate level of code enforcement in the project area and continue to provide an adequate level of public facilities / b Res. 77-464 -2- and services in such area so as to assure area stability and self - generating renewal. 6. That with respect to the properties identified in Exhibit B hereof, the City agrees to: a. Conform the use of said properties in accordance with the Urban Renewal Plan. b. Within a reasonable time after project financial settlement, begin improvements required by the project on any of said properties acquired by the City of Iowa City, Iowa, or its assignees for purposes of redevelopment. c. Subject any proposed reconveyance to those public disclosure require- ments of Section 105(e) of Title I of the Housing Act of 1949, as amended, otherwise applicable to local public agencies in the disposition of Urban Renewal project land to redevelopers. d. Prohibit discrimination upon the basis of race, color, religion, sex, or national origin in the sale, lease, rental, occupancy or other use of said properties or in any improvements erected or to be erected thereon. 7. That it is hereby determined that the project is not subject to Section 105 (f) and 105(h) of Title I of the Housing Act of 1949, as amended, because the Survey and Planning Contract for the project was approved by HUD on March 9, 1965, before the effective date of said sections. 8. That with respect to unpaid balances of executed contracts remaining after financial settlement of the project as identified in Exhibit C hereof, the City shall expeditiously complete all work represented by such balances in accordnace with the Urban Renewal Plan and that payment for any overruns in said work will be made from any legally available funds including Community Development Block Grant. 9. That upon payment of all eligible project costs as set forth in column (d) of Page 1 of the Certificate of Completion and of Gross and Net Project Cost of which this resolution is a part, any remaining balances in the project accounts shall be transferred to the appropriate accounts of the Community Development Block Grant Program of the City and the project accounts closed. 10. That the Secretary is hereby requested to make any Urban Renewal Capital Grant surplus remaining after the application of unearned grant to repayment of project loan and interest thereon available to the City's Community Development Block Grant Program to be used in accordance with the regulations of said Program (Title 24 of the Code of Federal Regulations, Part 570). 11. That the City will complete all Relocation transactions identified in Exhibit D hereof which Exhibit sets forth an estimate of all remaining possible relocation payments and that any such payments are eligible Community Development Block Grant Program costs and sufficient funds therefor will be set aside in said Program of the City. 12. That the City will pay to eligible underpaid claimants, identified in Exhibit E hereof, out of its Community Development Block Grant Program Res. 77-464 90 Funds any amounts determined by the Secretary to be due and payable as a result of project relocation underpayments. 13. That the City hereby agrees to provide out of Community Development Block Grant funds or other City funds payment for any costs or obligations in- curred or to be incurred in connection with execution, closeout, audit, relocation, completion of activities, property disposition and financial settlement of the project with respect to any claims, liens, or disallowances which have or may be filed or determined against said project. 14. That, under Urban Renewal regulations 7217.1, titles to the 18 modules into which businesses have been temporarily relocated are transferred to the City's Community Development Block Grant program at no cost to said program and that final disposition of said modules after they are no longer needed in their present use will be in accordance with the pro- visions of Attachment N of Office of Management and Budget Circular A-102 (Uniform Administrative Requirements for Grants -In -Aid to State and Local Governments) . 15. All personal property held by Project Iowa R-14 is transferred to the City of Iowa City's Community Development Block Grant program, at no cost. BE IT FURTHER RESOLVED that the City Manager is hereby authorized and directed to execute those documents of financial settlement on behalf of the City of Iowa City, Iowa, as Local Public Agency, as may be required by the Government. It was moved by Balmer and seconded by Perret that the Resolution as read be adopted and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x deProsse x Foster x Neuhauser x Perret x Selzer X Vevera Passed and approved this 6th day of December 1977. J , JC , Mayor Pro tem ATTEST: City Clerk EXHIBIT A STATEMENT OF SUBSTANTIAL COMPLETION OF PROJECT NO. IOWA R-14 AS OF JANUARY 6, 1978 I. Site Improvements ($256,545) -- 100% completed II. Demolition ($429,220) -- 98% completed; remainder under contract 12/14/77 III. Residential Relocation (56 families, 402 individuals) -- 100% relocated IV. Non -Residential Relocation (101 units) -- 95% relocated; 5 units yet to be relocated V. Relocation Payments ($877,286, estimated) -- $817,389 paid; 93% paid VI. Public Facilities as Non -Cash Local Grant -in -Aid ($2,991,850) -- completed VII. Dwelling Units Not to be Demolished -- Not Applicable VIII. Land Acquisition ($9,188,988) -- completed IX. Land Disposition ($2,553,083) -- full amount sold or credited to project account with CDBG funds 7 EXHIBIT B DISPOSITION PARCELS IN INVENTORY PARCELS SQUARE FOOTAGE USE RE -USE VALUE 64-1 39,000 Motel F, Commercial $170,000 65-2 7,280 Commercial 78,000 65-4 27,450 Commercial 155,000 81-1 1,080 Commercial 5,000 82-1a 6,000 Commercial 13,000 82-1b 6,000 Commercial 64,000 83-1 128,000 Commercial 288,000 (minus ramp) 84-1 102,400 Commercial 288,000 93-1 57,000 Residential 128,250 93-2 6,750 Commercial 17,200 93-3 4,000 Commercial 14,450 101-2 95,000 Residential 213,750 102-1 2,035 Commercial 12,000 102-2 2,040 Commercial 14,000 102-3 14,550 Commercial (office) 91,700 102-4 10,500 Commercial 58,300 103-3 27,000 Residential 115,000 EXHIBIT C STATEMENT OF CONTRACT WORK NOT COMPLETED 1. a. Purpose: To prepare contract specifications for and supervise clearance of Parcels 84-9 and 95-5 b. Contractor: Shive Hattery and Associates c. Contract Price: $2,000 d. Value of Uncompleted Work as of 1-6-78: $1,000 c. Estimated Completion Date: June 1, 1978 2. a. Purpose: Site clearance - Parcels 84-9 and 95-5 b. Contractor: (Bids received 12/8/77; awarded 12/13/77) c. Contract Price: (Engineers estimate $7,900) d. Value of Uncompleted Work: (1000) e. Estimated Completion Date: June 1, 1978 EXHIBIT D POTENTIAL RELOCATION PAYMENTS Claimant Business Type Estimated Cost Richard Pieper Barber Shop $ 5,000 Bushnell's Turtle Restaurant 10,000 Deadwood Tavern 10,000 The Associates Finance Company 3,000 Iowa State Bank Drive-in Bank 1,000 TOTAL $29,000 EXHIBIT E RESIDENTIAL RELOCATION UNDERPAYMENTS Stahle, John $ 240 Lamos, Claire 480 Hwang, Robert 168 Huang, Cy 100 Cheng, Charles 240 Eldridge, Maureen 240 Sjoberg, John 480 Falls, Bert F, Ellen 1,920 Bertling, David 3,000 Carbrey, Theresa 2,340 Bluedorn, Harvey 594 Armstrong, Jon 1,800 Rajogopal, Ramesh 1,800 Schaffner, Dwaine 3,024 TOTAL UNDERPAYMENT $16,426 ?J RESOLUTION NO. 77-465 RESOLUTION APPROVING AND PROVIDING FOR TIME EXECUTION OF A THIRD MMENDATORY CONTRACT AMENDING LOAN AND CAPITAL GRANT CONTRACT NO. IOWA R-14 BY AND BETWEEN THE CITY OF IOIVA CITY, IOWA, AND THE UNITED STATES OF AMERICA WHEREAS, the City of Iowa City, Iowa, has entered into a contract for Loan and Grant, dated September 2, 1970, with the United States of America; and, 11HEREAS, the United States Department of Housing and Urban Development has requested that said contract be amended by the execution of a third amendatory contract amending loan and capital grant contract No. Iowa R-14. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, acting as the Local Public Agency, that the third amendatory contract amending loan and capital grant contract No. Iowa R-14, a copy of which is attached hereto and by this reference made a part hereof, is hereby approved; and, BE IT FURTHER RESOLVED that the Mayor and City Clerk are hereby authorized and directed to execute said amendatory contract on behalf of the City of Iowa City, Iowa, acting as Local Public Agency. It was moved by Perret and seconded by Vevera that the Resolution as read be adopted and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x deProsse x Foster x Neuhauser x Ferret X Selzer x Vevera Passed and approved this 6th day of December 1977• Mayor Pro m ATTEST: City Clerk P,Y iii I:_ UNITED STATES OF AMERICA DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT THIRD AMENDATORY CONTRACT AMENDING LOAN AND CAPITAL GRANT CONTRACT NO. IOWA-R-14(LG) THIS THIRD AMENDATORY CONTRACT, made and entered into on the date below specified, by and between the CITY OF IOWA CITY, IOWA (herein called the "Local Public Agency" or the "grant recipient" or the "grantee" or the "applicant") and the UNITED STATES OF AMERICA (herein called the "Government"), acting by and through the Secretary of Housing and Urban Development (herein called the "Secretary"): W I T N E S S E T H: WHEREAS, the Parties hereto entered into that certain Loan and Capital Grant Contract No. IOWA-R-14(LG) dated September 2, 1970, (herein called the "Existing Contract") and the Parties now desire to further amend the Existing Contract: NOW, THEREFORE, in consideration of the mutual covenants, promises and representations contained herein and in the Existing Contract, as amended, the Existing Contract is further amended by amending Section 16 by adding the following new subsection: (g) Notwithstanding any other provisions of the Contract, the Local Public Agency hereby: 1. Agrees that any facility which is utilized in the performance of this Contract is not listed on the List of Violating Facilities issued by the Environmental Protection Agency (EPA) pursuant to 40 CFR, Section 15.20. 2. Agrees to comply with all the requirements of Section 114 of the Clean Air Act, as amended (42 U.S.C. 1857 c-9) and Section 308 of the Federal Water Pollution Control Act, as amended (33 U.S.C. 1318) relating to inspection, monitoring, entry, reports, and information, as well as all other requirements specified in the above statutory provisions, and all regulations and guidelines issued thereunder. 3. Agrees to give prompt notice of any notification received from the Director, Office of Federal Activities, EPA, indicating that any facility utilized or to be utilized under the Contract is under consideration for listing on the EPA list of Violating Facilities. 4. Agrees to insert in covered third party contracts, unless exempted pursuant to EPA regulations, the criteria and requirements set forth in paragraphs (1) through (4); and to take such action as the Government may direct as a means of enforcing such provisions. The term "covered third party contracts" shall include contracts for demolition, site clearance, site preparation or rehabilitation. All of the remaining provisions of the Existing Contract, as amended, shall remain in full force and effect. IN WITNESS WHEREOF, the Local Public Agency has caused this Third Amendatory Contract to be duly executed in its behalf and its seal to be hereunto affixed and attested; and thereafter, the Gover ment has caused the same to be duly executed in its behalf this ,?% day of 19 %7, CITY OF I04 CITY, IOWA By- (S y:(S E A L) r. Mavor Pro tem Type Name and Title Attest: Abbie Stolfus,�City ^Clerk Third Amendatory Contract Amending Loan and Capital Grant Contract No. IOWA-R-14(LG) Page 2 RESOLUTION NO. 77-466 RESOLUTION ACCEPTING PRELIMINARY PIAT FOR LYN-DEN HEIGHTS BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the approval of the preliminary plat for LYN-DEN HEIGHTS be granted with the following conditions: A. The culvert should be concrete and the size should be indicated on the plat. B. Lot lines should be drawn to the center line of the street. C. The two larger lots should be numbered as Lots 12 & 13 and, at the time the final plat is submitted, it should be indicated via an agreement that all development (including Lots 12 & 13) shall comply with the provisions of the Storm Water Management Ord. D. The radii of curves on Oak Street should be labeled. E. All public improvements should be waived at this time with the understanding that a waiver of objection to assessments should be included at the time of submission of the final plat. F. The name of the street should be changed prior to the submission of the final plat. (The street name should be called a drive.) It was moved by Vevera and seconded by Balmer that the resolution as read be adopted and upon roll call there were: AYES: NAYS: ABSENT: x BALMER x dePROSSE x FOSTER x NEUHAUSER x PERRET x SELZER x VEVERA Passed and approved this 6th day of December 1977. �,• / MAf R PRO TEM ATTEST: - CITY CLERIC Rec-ivo-,l i4 tptnrov^d Ey T::o lc3rl D -p art .nt `:' ham /7 �• / \� CIVIC CENTER IOWACIIOE.WASH INOTON ST IOWA CITY. IOWA G]]EB 13191 3M 1800 MAYOR MARY NEUHAU,ER COUNCIL MEMBER, RESOLUTION NO. 77-467 JOHN BALMER CAROL&PRO55E PERR RESOLUTION OF COMMENDATION FOR MS. SHARON BONNEY STEER DAAVIDVID MAX BELZER ROBERT VEVERA WHEREAS, Ms. Sharon Bonney will be moving from Iowa City on December 15, 1977, and WHEREAS, the City Council wishes to recognize Ms. Bonney for her many outstanding accomplishments as the driving force for the handicapped in Iowa City, and WHEREAS, Ms. Bonney has served in the following positions: 1. Vice Chairperson and Acting Chairperson, Committee on Community Needs, 2. Johnson County Regional Planning Commission Committee on Special Transportation for the Elderly and Handicapped, 3. Coordinator, Handicapped Programs, University of Iowa, 4. Vice Chairperson, PUSH, 5. Alternate, White House Conference on Handicapped Individuals, and WHEREAS, Ms. Bonney is credited with the following achievements: 1. Pilot Club of Iowa City Handicapped Woman of the Year, 1976, 2. Pilot Club District 12 Handicapped Woman of the Year, 1976, 3. Runnerup, Pilot Club International Handicapped Woman of the Year, 1976 NOW, THEREFORE, be it resolved by the City Council of Iowa City, Iowa: 1. That the City Council of Iowa City, Iowa, hereby commends Ms. Sharon Bonney for meritorious service, 2. That the City Council extends the gratitude of the City to Ms. Sharon Bonney for her services, 3. That the Mayor and the City Clerk are hereby authorized and directed to certify a copy of this resolution to Ms. Sharon Bonney. WIN Res. No. 77-467 Page 2 It was moved by Foster and seconded by Selzer that the Resolution as read e a opte an upon roll call there were: AYES: NAYS: ABSENT: x Balmer x deProsse x Foster x N h eu auser x Perret x Selzer x Vevera Passed and approved this 13th day of December 1977. ATTEST: City Clerk -" Mayor /f RESOLUTION NO. 77-468 RESOLUTION OF APPROVAL OF CLASS "C" BEER PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class "C" Beer Permit Application is hereby approved for the following named per- son or persons at the following described locations: Dennis C. Ellis dba/Needs, 18 South Clinton said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance or state law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, surety bond and all other information or documents required to the Iowa Beer and Liquor Control Dgparbment. it was moved by Foster and seconded by Selzer that the Resolution as read be adopted, and upon roll call there were: Balmer deProsse Foster eu auser erre Selzer evera AYES: NAYS: ABSENT: x x x x x x x Passed this 13th day of December , 19 77 '�'d RES=ICN N0. 77-469 RESOLUTION ACCEPTING STORM SEWER PAVING & INLETS FOR MT. PROS DN. III WHEREAS, the Engineering Department has certified that the following improvements have been completed in accordance with plans and specifications of the City of Iowa City, Storm sewer in Mt. Prospect Addition, Part III, as constructed by Sulzberger Excavating, Inc., Muscatine, Iowa Paving and inlets in Mt. Prospect Addition, Part III, as constructed by Metro Pavers, Inc. of Iowa City. Metro Pavers, Inc., Iowa City AND WHEIIEAS, Maintenance Bonds for Sulzberger Excavating, Inc are on file in the City Clerk's Office, Muscatine, Iowa NOW TVEREE'ORE BE IT RESOLVED by the City Council of Iowa City, Iowa, that said improvements be accepted by the City of Iowa City. It was moved by Faster and secaided by Selzer that the Resolution as read be accepted, and upon roll call there were: AYES: NAYS: ABSENT: Balmer x deProsse x Foster x Neuhauser x Perret x Selzer x Vevera x Passed and approved this 13th day of December � 1977 ATTEST: C City Clerk RTcety^d & P.pp:ovea y/ -91- »_192 A -Z - //u RESOLUTION NO. 77-470 RESOLUTION ACCEPTING PRELIMINARY PLAT' FOR LARGE SCALE RESIDENTIAL DEVELOPMENT PLAN OF BENTON MANOR APARTMENTS BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY. IOWA, that the apprgval of the preliminary plat for THE Large Scale Residential UDevellopment plan of Benton Manor Apar men s be granted with the following conditions: 1. That the final LSRD plan be approved subject to satisfactory resolution of the access question. It was moved by Foster and seconded by Balmer that the resolution as read be adopted and upon roll call there were: AYES: NAYS: ABSENT: Balmer x derrosse x t0ster x Neuhauser x Perret x belzer x Vevera Passed and approved this 13th ATTEST: �a6- CITY CLERK day of December , 1977. 1 ... 1'..i... '. Received & Approved By The a al Department RESOLUTION NO. 77-471 RESOLUTION ACCEPTING PRELIMINARY PLAT OF BARKER'S FIRST ADDITION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the approval of the preliminary plat for Barker's First Addition, a copy of which was filed with the City Clerk on August 15, 1977, be granted with the following conditions: That the developer will submit an agreement to reserve a 50 x 100 foot triangular area in the southeast corner of lot 4 for a storm water detention facility designed in such a manner as to permit the concurrent use of the area for a street. as requested by Barker & Barker Development Company. It was moved by Selzer , and seconded by Ferret , that the resolution as read be adopted and upon roll call there were AYES: NAYS: ABSENT: Passed and approved this 13th ATTEST: ZLZ C TY CLERK BALMER dePROSSE FOSTER NEUHAUSER FERRET SELZER VEVERA day of December, 1977. sl i t . L: �I._ .._1 5 o73 r► RESOLUTION NO. 77-472 RESOLUTION AUTHORIZING AMENDMENT TO CONTRACT FOR BRIDGE DESIGN WITH SHIVE-HATTERY & ASSOCIATES WHEREAS, the City of Iowa City has awarded a contract to Shive- Hattery & Associates of Iowa City, Iowa, said contract entered into on June 14, 1977, and, WHEREAS, it is deemed that certain changes in the design contract are necessary, NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA: 1. That the contract dated June 14, 1977 entered into by the City of Iowa City and Shive Hattery & Associates for design of replacement or rehabilitation of three bridges in Iowa City, be amended as set forth in the amendment, Attachment A to this Resolution, which attachment Is by this reference hereby incorporated herein. 2. That the Mayor and City Clerk are hereby authorized and directed to execute an amendment to said contract incorporating the above amendments. It was moved by Balmer and seconded by Foster that the Resolution as read be as oopte-T,—and upon roll call t ere were: AYES: NAYS: ABSENT: X Balmer x deProsse X Foster X Neuhauser x Perret x Selzer X Vevera Passed and adopted this 13th ATTEST: �a- City Clerk day of December , 1977 . R^civ^-! & �'.�--,••sd By Ths L:gal /,P -j-77 �Y AMENDMENT This amendment made this /y 2% day of d:,.� e yY,I A/ , 1977, between the City of Iowa City, Iowa, hereinafter referre to as the City", and Shive-Hattery and Associates of Iowa City, Iowa, hereinafter referred to as "Consultant". On June 14, 1977, the City and the Consultant entered into a contract for design of replacement or rehabilitation of three bridges in Iowa City. These bridges are the Iowa Avenue Bridge over the Iowa River, the Governor Street Bridge over Ralston Creek, and the Court/Muscatine Street Bridge over Ralston Creek. The Consultant has completed the preliminary phase of that contract and has been paid a total of $6,999.56. In the original contract no fee was set for the Design Phase and the Construction Phase since the scope of work could not be accurately determined at that time. The City and the Consultant hereby amend that contract as follows: Section IV - Compensation for Services. This entire section shall be deleted and shall be amended as follows: The Consultant has completed contract and has been paid a to be rounded off to $7000. the preliminary phase of this sum of $6,999.56 hereinafter Design and Construction Phase. The City agrees to pay the following lump sums for the three bridges under this contract: Court and Muscatine Street Bridge $21,983 Governor Street Bridge 5,790 Iowa Avenue Bridge 10,921 Upon completion of the Design Phase and Construction Phase for each bridge the following percentage of the lump sum for each bridge will be paid. Design Phase 65% Construction Phase 35% Special Services. Special Services shall be compensated in the following manner: A. Soil testing services at approved flat rates as attached in Exhibit B to this contract. Analysis of data shall be at a rate of 2.2 x Direct Personal Expense. B. Full-time project representation shall be compensated a fee based upon 2.2 x Direct Personal Expense. The Direct Personal Expense of all personnel classifications associated with this project shall be attached as Exhibit C. The City agrees to reimburse the Consultant for outside expense at cost. The Consultant shall furnish receipts of all outside expenses upon request. Section III (1). This entire paragraph shall be deleted and amended as follows: The Consultant or the City may terminate this contract upon seven days notice. If the contract is terminated the Consultant shall be paid on the basis of work satisfactorily completed under the Design Phase and the Construction Phase and accepted by the City. The percentage of work completed under each phase not yet accepted by the City shall be determined mutually by the City and the Consultant. If the City and the Consultant are unable to agree on the percentage of completion each side shall pick an arbitrator. These two arbitrators shall pick a third arbitrator and the City and the Consultant shall be bound by the decision of the arbitrators. Work done under the special services section shall be paid for based on the hours of work done times the multiplier listed. as -2 - The Consultant shall not begin work on any of the three bridge projects until authorized to do so in writing by the City. The undersigned do hereby state that this contract is executed in triplicate as though each were an original and that there are no oral agreements that have not been reduced in writing in this instrument. It is further stated that there are no other considerations or monies contingent upon or resulting from the execution of this contract. CITY OF IOWA CITY, IOWA: —' AACUQ RELLQit t i t Ata MA YOR ATTEST: eery cLrrzi SHIVE-HATTERY AND ASSOCIATES: Vv)(O� � �� �G6L Is DEY� �r PER �r- M RESOLUTION NO. 77-473 RESOLUTION TO ISSUE CIGARETTE PERMITS WHEREAS, the following firms and persona have made application, filed the bond, and paid the mulct tax required by lav for the sale of cigarettes and cigarette papers; therefore, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the applications be granted and the cigarette bond now on file in the office of the City Clerk be and the same are hereby approved, and the City Clerk be and he is hereby directed to issue a permit to sell cigarette papers and cigarettes to the following named persons and firms: Servomation Corp. dba/Sheller-Globe Corp., Highway 6 East It was moved by Balmer and seconded by Foster that the Resolution as res be adopted, and upon roll ca. there were: AYES: NAYS: ABSENT: Balmer X deProsse X Foster X Neuhauser X Perret X Selzer X Vevera X Passed this 20th day of December 19 77 J RESOLUTION NO. 77-474 RESOLUTION APPROVING CLASS C LIQUOR CONTROL LICENSE APPLiMTM BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Liquor Control License application is hereby approv®cTTor the following named person or persons at the following described location: The Shamrock, 525 South Gilbert Said approval shall be subject to any conditions Por re- strictions hereafter imposed by ordinance or State law. The City Clerk shall cause a recommendation for approval to he endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond, sketch of the premises and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by Balmer and seconded by Foster that the Resolution as rete adopted, and upon -T -5117-51T there were: AYES: NAYS: ABSENT: Balmer x dePro®se x Foster x Neuhauser x Perret x Selzer x Vevera x Passed and approved this 20th day of December 19 77 RESOLUTION NO. 77-475 RESOLUTION APPROVING CLASS "B" BEER PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class "B" Beer Permit Application is hereby approved for the following named person or persons at the following described location: Big 10 Inn & Hamburg Inns, Inc. dba/Hamburg Inn #1, 119 Iowa Ave. Said approval shall be subject to any conditions or re- strictions hereafter imposed by ordinance or State law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, 'Surety bond and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by Balmer and seconded by ro that the Resolution as r— ea3�e adopted, and upon roll call there were: AYES: NAYS: ABSENT: Ba]mer x deProsse x Foster x Neuhauser x Perret x Selzer x Vevera x Passed and approved this 20th day of Decor 19 77 RESOLUTION NO. RESOLUTION OF APPROVAL OF 77-476 B Beer BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class B Beer Sunday Sales Permit application is hereby approved or a ollowing named person or persons at the following described location: Big 10 Inn & Hamburg Inns, Inc. dba/Hamburg Inn #1, 119 Iowa Ave. Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance of state law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, bond, and all other information or docu- ments required to the Iowa Beer and Liquor Control Department. It was moved by Balmer and seconded by Foster that the Resolution as read e a op e , and upon roll call there were: AYES: NAYS: ABSENT: Balmer x deProsse x Foster x Neuhauser x Perret x Selzer x Vevera x Passed this 20th day of December i9 77 30 I j.� RESOLUTION No. 77-477 RESOLUTION OF APPROVAL OF CLASS "C" BEER PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class "C" Beer Permit Application is hereby approved for the following named per- son or persons at the following described locations: Southland Corporation dba/7-Eleven Food Store #18048, 820 1st Ave. Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance or state law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the ease together with the license fee, surety bond and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by Balmer and seconded by Foster that the Resolution as read be adopted, and upon roll call there were: Balmer deProsse Foster eu auser erre Selzer evera AYES: NAYS: ABSENT: x x x x x x Passed this 20th day of December 1 19 77 x RESOLUTION NO. 77-478 ON OF APPROVAL OF CLASS C Li A PLICA IO . SUNDA SALE BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Liquor Sunday Sales Permit application is hereby approved or a ollowing named person or persons at the following described location: Southland Corporation dba/7-Eleven Food Store #18048, 820 lst Ave. Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance of state law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, bond, and all other information or docu- ments required to the Iowa Beer and Liquor Control Department. It was moved by1 and seconded by Foster that the Resolution as ren a adored, and upon roll ca ere were: AYES: NAYS: ABSENT: Balmer x deProsse x Foster x Neuhauser x Perret x Selzer x Vevera x Passed this 20th day of December 19 77 J';�_ RESOLUTION NO. 77-479 RESOLUTION AUTHORIZING CITY CLERK TO PUBLISH NOTICE OF PUBLIC HEARING CONCERNING THE PROPOSED CONSTRUCTION OF A BRIDGE AT COURT AND MUSCATINE AVENUE WHEREAS, it is ft0AU('i014))* deemed to be in the best interests of the citizens of Iowa City, that the City publish notice of a public hearing to hear from all interested citizens concerning the proposed bridge at Court and Muscatine. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOA: 1. That the City Clerk is authorized to publish notice of said public hearing concerning the proposed construction of a bridge at Court & Muscatine, to be held on January 10, 1978, at 7:30 P.M. in the Council Chambers at the Civic Center. It was moved by Balmer Foster that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x deProsse x Foster x Neuhauser x Perret x Selzer x vevera Passed and approved this 20th day of December 1977 1ti�aaaa � �CI aD, � �A ATTEST: -Z&4 - City Clerk Ey Thz LeC_I 33 RESOLUTION NO. 77-480 A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO CERTIFY AN A(32MENT WITH IOWA DEPARTMINT OF TRANSPORTATION SO AS TO RECEIVE FUNDING UNDER THE STATE TRANSIT ASSISTANCE PROGRAM. WHEREAS, on September 27, 1977, the City Council authorized the Mayor to make an application on behalf of the City of Iowa City, Iowa, for funds to be used for capital and operating assistance for certain transit operations under the State Transit Assistance Program, and WHEREAS, the Iowa Department of Transportation has approved Iowa City's application, and WHEREAS, it is necessary for the Mayor to sign a "Joint Participation Agree- ment", a copy of which is attached to this Resolution and by this reference made a part hereof, so as to receive such funds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the Mayor sign and the City Clerk certify the attached "Joint Partici- pation Agreement." It was moved by Balmer and seconded by Perret that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x deProsse x Foster x Neuhauser x Perret x Selzer x Vevera Passed and approved this 20th day of Decor Mayor ATTEST City Cleric 19 77 BY Tim !XGtS a RESOLUTION NO. 77-481 RESOLUTION AUTHORIZING THE SALE OF URBAN RENEWAL PROPERTY WHEREAS, the City of Iowa City, Iowa, has under date September 2, 1970, entered into a contract for loan and grant with the United States of America; and, WHEREAS, the City of Iowa City, Iowa, has undertaken pursuant to said contract an Urban Renewal Project known as the City -University Project I, Project Number Iowa R-14; and, WHEREAS, the City of Iowa City, Iowa, has received an entitlement of funds pursuant to the Housing and Community Development Act of 1974; and, WHEREAS, the City of Iowa City, Iowa, has pursuant to the provisions of Title 24, Part 570, Section 570.801(c), of the Code of Federal Regulations, transferred Community Development Block Grant funds to said Urban Renewal Project, and transferred control of certain real property acquired in carrying out said Urban Renewal Project to the City Council of the City of Iowa City from the City Council acting as LPA, by Resolution Number 76-446, dated December 14, 1976, and by Resolution Number 77-312, dated August 9, 1977; and, WHEREAS, the City Council of Iowa City, Iowa, caused to be issued a solicitation of Offers to Purchase Land for Private Redevelopment; and, WHEREAS, Offers to Purchase Land for Private Redevelopment were received and opened by the City of Iowa City on September 15, 1977; and, WHEREAS, the City Council of the City of Iowa City is now desireous of selling disposition Parcel 102-2 to Old Capitol Associates NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that pursuant to the authority granted by Section 403 of the 1977 Code of Iowa and Section 570.801(c) of Part 570, Title 24, Code of Federal Regulations, the Mayor and City Clerk are hereby authorized and directed to execute, on behalf of the City of Iowa City, a contract for Sale of Land for Private Redevelopment by and between Old Capitol Associates and the City of Iowa City, Iowa, a copy of which contract is attached hereto and incorporated herein, such land to be sold to Old Capitol Associatds Disposition Parcel 102-2 , as more particularly described in said contract. Upon execution of t e contract by the City and Old Capitol Associates the City Manager is authorized and directed to prepare n deed for said property and deliver the deed to Old Capitol Associates upon receipt of payment for said property. It was moved by Balmer and seconded by Foster that the Resolution as read be adopted and upon roll call there were: 1Y Res. No. 77-481 -2- AYES: NAYS: ABSENT: x Balmer x deProsse x Foster x Neuhauser Perret x Selzer x Vevera Passed and approved this 20th day of December 1977• ATTEST: I ,- City Clery mayor RECEIVED & APPROVED BY THE LEGAL DEPARTMENT 3� t' City of Iowa City, Iowa By: IUAl1A I lt �o 1_ Mayor ATTEST- n'2" TTEST: i City Cle k Redeveloper Old Capitol Associates By: Old Capitol Business Center Company (A Participant) Dated: 0.vV4Ny =?L, 1978Dated: Hieron, Inc. (An Iowa Corporation) I .7/ J Signature (Wilfreda Hier ymus) President Title Investments Incorporated (An Iowa Corporation) Signat a (cray) President Title 3322 Muscatine Avenue 200 Plaza Centre One _Ioowa City, Iowa 52240 Iowa City, Iowa 52240 Address and Zip Code Address and Zip Code By: Meadow Link, Incorporated (A Participant) Dated: J�aPW, ,%% Kea Link, Incorporated (An Vpdiana Forporation) Ivan President Title 4415 West Harrison Street Hillside, Illinois 60162 Address and Zip Code -7- STATE OF IOWA ) ) SS - COUNTY OF JOHNSON) On this day ofl is 4f,r , A.D. , 1977 , before me, a Notary Public duly c maoned and qualified in and for said County and State, personally appeared Mayor of the City of Ioara ----Iowa, and l o City Clerk of said City, each being to me personally known to be the identical persons and officers named in the foregoing instrument, who executed the same under and by virtue of the authority vested in them by the City Council of said City, and each for himself acknowledged the execution thereof to be his voluntary act and decd for purposes herein expressed. IN TESTIMONY WHEREOF, I have hereunto set my hand and notarial seal at Iowa City, Iowa, the day and year last above written. a^6 Pu�U4 Couu�9 ¢S No\a�Y o�Eto`� 1ooComs�`',199 Notary Public in and fa STATE OF IOWA ) SS - COUNTY OF JOHNSMN On this 174 i`17 day of A.D. , 192-L .before 9 - before me personally came and appeared Wilfreda Hieronymus, Jay C. Oehler and Ivan Himmel to me known and known to me to be the persons who executed the above instrument who being first duly sworn by me depose and state that they are members of the firm of O1d'Capitol Associates and that they executed the foregoing Agreement in the firm name of Old Capitol Associ- ates and that they had authority to sign the same, and they did acknowledge to me that they executed the same as the act and deed of said firm of Old Capitol Associates for the uses and purposes mentioned therein. IN WITNESS WHEREOF, I have hereunto signed my name and - affixed my Notarial Seal the day and year last above written. Notary Public in and ser 10 SCHEDULE A LEGAL DESCRIPTION All that certain parcel or parcels of land located in the City of Iowa CityO County of Johnson, State of Iowa, more particularly described as follows, to wit: The east 30 feet of the north 68 feet of Lot 8, Block 102, Iowa City, Johnson County, Iowa, according to the recorded plat thereof. -9- PARCEL NO. 102-2 SCHEDULE B PRICE OFFERED -10- PRICE $14,000 SCHEDULE C TIME FOR CONVEYANCE PARCEL NO. 102-2 DATE Not later than 30 working days following execution of this Agreement. SCHEDULE D Improvements on the parcel listed below will commence and be completed in accordance with the following schedule: PARCEL NO. COMMENCE ESTIMATED COMPLETION 102-2 Not later than 30 Within 90 working days days of all necessary of start of construction. approvals of the con- struction plans. ' -12- Part II of CONTRACT FOR SALE OF LAND FOR PRIVATE REDEVELOPMENT By and Between OLD CAPITOL ASSOCIATES and r The City of Iowa City, Iowa ARTICLE I. PREPARATION OF PROPERTY FOR REDEVELOPMENT SECTION 101. DEMOLITION AND SITE CLLARANCE. It is agreed that the City shall convey and the redeveloper shall accept the property set forth in Schedule A of this agreement AS IS and it is expressely agreed that the City makes no warranty, express or implied, regarding subsurface conditions and that the City shall have no liability for any damages arising from subsurface conditions. It is further agreed that any contracts or specifications for site demolition and clearance which may have been examined by the redeveloper were examined for information purposes only, and that the City shall assume no liability for any defects or variance from the specifications for work previously completed. SECTION 102. EXPENSES, INCOME, AND SALVAGE. All expenses, including current taxes, if any, relating to buildings or other structures demolished or to be demolished in accordance with Section 101 hereof shall be borne by, and all income or salvage received as result of the demolition of such buildings or structures shall belong to the City. ON 103. CITY'S RESPONSIBILITIES FOR CERTAIN OTHER ACTIONS. The City, without expense to the Redeveloper or assessment or claim against the property, shall cause the restriction of traffic and construction of public improvements on existing street rights-of- way, and the construction of parking structures as specifically set forth in the Urban Renewal Plan. Provided, the City reserves the right to make future modifications to the traffic circulation system and to the public improvements when such changes are deemed necessary and in the public interest, and further Provided in the event that the City, after a good faith attempt to do so, is unable to construct the parking structures due to an inability to issue revenue bonds, the City shall be without liability to the developer or the developer's assigns. (a) Installation of Public Utilities - The installation or re- location by the City or public utility company of such sewers, drains, water and gas distribution lines, electric, telephone, and telegraph lines and all other public utility lines, installations, and facilities as are necessary to be installed or relocated on or in connection with the Property by reason of the redevelopment contemplated by the Urban Renewal Plan and the development of the Property: Provided, that the City shall not be responsible for, nor bear any portion of the cost of, installing the necessary utility connections within the boundaries of the Property between the Improvements to be constructed on the Property by the Redeveloper and the water, sanitary sewer, and storm drain mains or other public utility lines owned by the City or by any public utility company within or without such boundaries, or electric, gas, telephone, or other public utility lines owned by any public utility company within or without such boundaries, and the Redeveloper shall secure any permits required for any such installation without cost or expense to the City. SECTION 104. WAIVER OF CLAIMS AND JOINING IN PETITIONS 13Y REDEVELOPER. The ' T(-- eloper liereByy waives (pis the purchaser of the Property under the Agreement and as the owner after the conveyance of the Property provided for in the Agreement) any and all claims to awards of damages, if any, to compensate for the closing, vacation, restriction, change of restriction or change of grade of any street, alley, or other public right-of-way within or fronting or abutting on, or adjacent to, the Property which, pursuant to Section 103 hereof, is to be closed or vacated, or the grade of which is to be changed, and shall upon the request of the City subscribe to, and join with, the City in any petition or proceeding required for such vacation, dedication, change of grade, and, to the extent necessary, rezoning, and execute any waiver or other document in respect thereof. ARTICLE II. RIGHTS OF ACCESS TO PROPERTY SECTION 201. RIGHT OF ENTRY FOR UTILITY SERVICE. The City reserves for itself, the City, and any public utility company, as may be appro- priate, the unqualified right to enter upon the Property at all reasonable times for the purpose of reconstructing, maintaining, repairing, or servicing the public utilities located within the Property boundary lines and provided for in the easements described or referred to in Paragraph (a), Section 2 of Part I hereof. SECTION 202. REDEVELOPER NOT TO CONSTRUCT OVER UTILITY EASEMENTS. The Redeveloper shall not construct any building or other structure or improvement on, over, or within the boundary lines of any easement for public utilities described or referred to in Paragraph (a), Section 2 of Part I hereof, unless such construction is provided for in such easement or has been approved in writing by the City Engineer, or the authorized representative of an affected public utility. SECTION 203. ACCESS TO PROPERTY. Prior to the conveyance of the Property by the City to the Redeveloper, the City shall permit representatives of the Redeveloper to have access to any Property to which the City holds title, at all reasonable times for the purpose of obtaining data and making various tests concerning the Property necessary to carry out the Agreement. After the con- veyance of the Property by the City to the Redeveloper, the Re- developer shall permit employees, agents or representatives of the City access to the Property at all reasonable times for the pur- poses of the Agreement, including, but not limited to, inspection of all work being performed in connection with the construction of the Improvements. No compensation shall be payable nor shall any charge be made in any form by any party for the access provided for in this Section. II -2 ARTICLE III. CONSTRUCTION PLANS; CONSTRUCTION OF IMPROVEMENTS; CERTIFICATE OF COMPLETION ON 301. PLANS FOR CONSTRUCTION OF IMPROVEMENTS. Whenever used in this Agreement the term "preliminary design plans" shall include a site plan and preliminary plans for Improvements which clearly show the size, location, and external appearance of any structures, along with such other information as is necessary to fully deter- mine the intentions of the redeveloper. The term "construction plans" shall mean all plans, specifications, drawings, or other information required to be submitted for issuance of any permit called for by applicable codes and ordinance. The term "Improve- ments", as used in this Agreement, shall be deemed to make reference to any buildings, structures, renovations, or other improvements, as provided for and specified in this Agreement, preliminary design plans, and construction plans. The Redeveloper shall, prior to the construction of the Improve- ments called for in this Agreement, submit for approval by the City Council preliminary design plans, and such other information as is necessary for the City Council to fully determine the intentions of the redeveloper. Such plans shall be submitted no later than the time specified therefor in Paragraph (a), Section 5, of Part I hereof. It is expressly understood that the preliminary design plans shall be submitted to review by the City's Design Review Committee. Approval of such preliminary design plans by the City Council shall in no way relieve the redeveloper of the respon- sibility for obtaining all required permits and otherwise fully complying with all applicable state and local codes and ordinances. Following approval of preliminary design plans by the City Council the redeveloper shall submit construction plans and other informa- tion necessary to obtain all permits required by applicable codes and ordinances. The preliminary design plans, as defined herein, shall in any event, be deemed approved by the City Council unless rejection thereof in writing shall be set forth by the City within forty (40) days after the date of their receipt by the City Clerk. If the City so rejects such preliminary design plans in whole or in part, the Redeveloper shall submit new or corrected preliminary design plans which correct the defect set forth in the rejection, within the time specified therefor in Paragraph C, Section 5, of Part I hereof. The provisions of this section relating to approval, rejection, and resubmission of corrected preliminary design plans herein above provided with respect to the original plans shall continue to apply until the preliminary design plans have been approved by the City Council. All work with respect to the Improvements to be constructed or provided by the redeveloper on the property shall be in conformity with the preliminary design plans as approved by the City Council. Construction plans called for herein shall be consistent with and logical extensions of the preliminary design plans approved by the City Council. II -3 SECTION 302. CHANGES IN CONSTRUCTION PLANS. If the Redeveloper desires to make any changes in the preliminary design plans after their approval by the City Council, the Redeveloper shall submit the proposed change to the City Council for its approval. Changes in construction plans as defined herein, may be approved by the Department of Housing and Inspection Services, provided that such changes will not cause the Improvement to be constructed in a manner not consistent with the preliminary design plans as approved by Council. SECTION 303. COMMENCEMENT AND COMPLETION OF CONSTRUCTION OF IMPROVEMENTS. The Redeveloper agrees for itself, its successors and assigns, and every successor in interest to the Property, or any part thereof, and the Deed shall contain covenants on the part of the Redeveloper for itself and such successors and assigns, that the Redeveloper, and such successors and assigns, shall promptly begin and diligently pursue to completion the redevelopment of the Property through the construction of the Improvements thereon, and that such construction shall in any event be begun within the period specified in Section 4 of Part I hereof and be completed within the period specified in such Section 4. It is intended and agreed, and the Deed shall so expressly provide, that such agreements and covenants shall be covenants running with the land and that they shall, in any event, and without regard to technical classification or designation, legal or otherwise, and except only as otherwise specifically provided in the Agreement itself, be, to the fullest extent permitted by law and equity, binding for the benefit of the community and the City and enforceable by the City against the Redeveloper and its successors and assigns to or of the Property or any part thereof or any interest therein. SECTION 304. PROGRESS REPORTS. Subsequent to conveyance of the Property, or any part thereof, to the Redeveloper, and until construction of the Improvements has been completed, as set forth in Section 305 hereof, the Redeveloper shall make reports, set forth the status of Improvements, construction schedule, and such other information as may reasonably be requested by the City, as to the actual progress of the Redeveloper with respect to such construction. SECTION 305. CERTIFICATE OF COMPLETION. (a) Within thirty (30) days after completion of the Improvements in accordance with those provisions of the Agreement relating solely to the obligations of the Redeveloper to construct the Improvements (including the dates for beginning and completion thereof), the City will furnish the Redeveloper with an appro- priate instrument so certifying. Such certification by the City shall be (and it shall be so provided in the Deed and in the certification itself) a conclusive determination of satis- faction and termination of the agreements and covenants in the dates for the beginning and completion thereof: Provided, II -4 that if there is upon the Property a mortgage insured, or held or owned, by the Federal Housing Administration and the Federal Housing Administration shall have determined that all buildings constituting a part of the Improvements and covered by such mortgage are, in fact, substantially completed in accordance with the plans and are ready for occupancy, then, in such event, the City and the Redeveloper shall accept the deter- mination of the Federal Housing Administration as to such completion of the construction of the Improvements in accor- dance with the plans, and, if the other agreements and covenants in the Agreement obligating the Redeveloper in respect of the construction and completion of the Improvements have been fully satisfied, the City shall forthwith issue its certifi- cation provided for in this Section. Such certification and such determination shall not constitute evidence of compliance with or satisfaction of any obligation of the Redeveloper to any holder of a mortgage, or any insurer of a mortgage, securing money loaned to finance the Improvements, or any part thereof. (b) With respect to such individual parts or parcels of the Property which, if so provided in Part I hereof, the Redeveloper may convey or lease as the Improvements to be constructed thereon are completed, the City will also, upon proper completion of the Improvements relating to any such part or parcel, furnish the Redeveloper with an appropriate instrument, certifying that such Improvements relating to any such part or parcel have been made in accordance with the provisions of the Agree- ment. Such certification shall mean and provide (1) that any party purchasing or leasing such individual part or parcel pursuant to the authorization herein contained shall not (because of such purchase or lease) incur any obligation with respect to the construction of the Improvements relating to such part or parcel or to any other part or parcel of the Property; and (2) that neither the City nor any other party shall thereafter have or be entitled to exercise with respect to any such individual part or parcel so sold (or, in the case of lease, with respect to the leasehold interest) any rights or remedies or controls that it may otherwise have or be entitled to exercise with respect to the construction of Improvements as called for herein. (c) Each certification provided for in this Section shall be in such form as will enable it to be recorded in the proper office for the recordation of deeds and other instruments pertaining to the Property, including the Deed. If the City shall refuse or fail to provide any certification in accor- dance with the provisions of this Section, the City shall, within thirty (30) days after written request by the Rede- veloper, provide the Redeveloper with a written statement, indicating in adequate detail in what respects the Redeveloper has failed to complete the Improvements in accordance with the provisions of the Agreement, or is otherwise in default, and what measures or acts it will be necessary, in the opinion of the City, for the Redeveloper to take or perform in order to obtain such certification. TT - F ARTICLE IV. RESTRICTIONS UPON USE OF PROPERTY SECTION 401. RESTRICTIONS ON USE. The Redeveloper agrees for itself, and its successors and assigns, and every successor in interest to the Property, or any part thereof, and the Deed shall contain covenants on the part of the Redeveloper for itself, and such successors and assigns, that the Redeveloper, and such successors and assigns, shall: (a) Devote the Property to, and only to and in accordance with, the uses specified in the Urban Renewal Plan; and (b) Not discriminate upon the basis of race, color, creed, religion, age, disability, sex or national origin in the sale, lease, or rental or in the use or occupancy of the Property or any improvements erected or to be erected thereon, or any part thereof. (c) All advertising (including signs) for sale and/or rental of the whole or any part of the Property shall include the legend, "An Open Occupancy Building" in type or lettering of easily legible size and design. The word "Project" or "Development" may be substituted for the word "Building" where circumstances require such substitution. (d) Comply with the regulations issued by the Secretary of Housing and Urban Development set forth in 37 F.R. 22732-3 and all applicable rules and orders issued thereunder which prohibit the use of lead-based paint in residential structures under- going federally -assisted construction or rehabilitation and require the elimination of lead-based paint hazards. SECTION 402. COVENANTS: BINDING UPON SUCCESSORS IN INTERESTS: PERIOD OF DURATION. It is intended and agreed, and the Deed shall so expressly provide that the agreements and covenants provided in Section 401 hereof shall be covenants running with the land and that they shall, in any event, and without regard to technical classification or designation, legal or otherwise, and except only as otherwise specifically provided in the Agreement, be binding, to the fullest extent permitted by law and equity, for the benefit and in favor of, and enforceable by, the City, its successors and assigns, any successor in interest to the Property, or any part thereof, and the United States (in the case of the covenant provided in subdivision (b) of Section 401 hereof), against the Redeveloper, its successors and assigns and every successor in interest to the Property, or any part thereof or any interest therein, and any party in possession or occupancy of the Property or any part thereof. It is further intended and agreed that the agreement and covenant provided in subdivision (a) of Section 401 hereof shall remain in effect for the period of time, or until the date, specified or referred to in Section 6 of Part I hereof (at which time such agreement and covenant shall terminate) and that the agreements and covenants provided in II -6 subdivision (b) of Section 401 hereof shall remain in effect without limitation as to time: Provided, that such agreements and covenants shall be binding on the Redeveloper itself, each successor in interest to the Property, and every part thereof, and each party in possession or occupancy, respectively, only for such period as such successor or party shall have title to, or an interest in, or possession or occupancy of, the Property or part thereof. The terms "uses specified in the Urban Renewal Plan" and "land use" referring to provisions of the Urban Renewal Plan, or similar language, in the Agreement shall include the land and all building, housing, and other requirements or restrictions of the Urban Renewal Plan pertaining to such land. SECTION 403. CITY AND UNITED STATES RIGHTS TO ENFORCE. In amplifica- tion, and not in restriction of, the provision of the preceding Section, it is intended and agreed that the City and its successors and assigns shall be deemed beneficiaries of the agreements and covenants provided in Section 401 hereof, and the United States shall be deemed a beneficiary of the covenant provided in sub- division (b) of Section 401 hereof, both for and in their or its own right and also for the purposes of protecting the interests of the community and other parties, public or private, in whose favor or for whose favor or for whose benefit such agreements and covenants have been provided. Such agreement and covenants shall (and the Deed shall so state) run in favor of the City and the United States, for the entire period during which such agreements and covenants shall be in force and effect, without regard to whether the City or the United States has at any time been, remains, or in an owner of any land or interest therein to or in favor of which such agreements and covenants relate. The City shall have the right, in the event of any breach of any such agreement or covenant, and the United States shall have the right in the event of any breach of the covenant provided in subdivision (b) of Section 401 hereof, to exercise all the rights and remedies, and to maintain any actions or suits at law or in equity or other proper proceedings to enforce the curing of such breach of agreement or covenant, to which it or any other beneficiaries of such agreement or covenant may be entitled. ARTICLE V. PROHIBITIONS AGAINST ASSIGNMENT AND TRANSFER SECTION 501. REPRESENTATIONS AS TO REDEVELOPMENT. The Redeveloper represents and agrees that its purchase of the Property, and its other undertakings pursuant to the Agreement, are, and will be used, for the purpose of the redevelopment of the Property and not for speculation in land holding. The Redeveloper further recognizes that, in view of (a) the importance of the redevelopment of the Property to the general welfare of the community; (b) the substantial financing and other public aids that have been made available by law and by the Federal and local Governments for the purpose of making such redevelopment possible; and (c) the fact that a transfer of the stock in the Redeveloper or of a substantial part thereof, or any other act or transaction II -7 involving or resulting in a significant change in the owner- ship or distribution of such stock or with respect to the identity of the parties in control of the Redeveloper or the degree thereof, is for practical purposes a transfer or disposition of the Property then owned by the Redeveloper, the qualifications and identity of the Redeveloper, and its stock- holders, are of particular concern to the community and the City. The Redeveloper further recognizes that it is because of the recog- nition of such qualifications and identity that the City is entering into the Agreement with the Redeveloper, and, in so doing, the City is further willing to accept and rely on the obligations of the Redeveloper for the faithful performance of all undertakings and covenants in the Agreement. SECTION 502. PROHIB HtututLUPLK. ror the roregoing reasons, the keaeveioper agrees for itself, and all persons holding an interest therein, their heirs, successors and assigns that there shall be no change or transfer of ownership or control by any person or combination of persons owning or controlling ten (10) percent or more interest in the Redeveloper through sale, assignment, merger, increased, capitalization or by any other means, without the express written approval of the City. With respect to this provision, the Rede- veloper and the parties signing the Agreement on behalf of the Redeveloper represent that they have the authority of all persons holding interest therein to agree to this provision on their behalf and to bind them with respect thereto. 503. PROHIBITION AGAINST TRANSFER OF PROPERTY AND ASSIGNMENT OF EEMENT. Also, for the foregoing reasons the Redeveloper represents agrees for itself, and its successors and assigns, that: (a) Except only (1) by way of security for, and only for, (i) the purpose of obtaining financing necessary to enable the Redeveloper or any successor in interest to the Property, or any part thereof, to perform its obligations with respect to making the Improvements under the Agreement, and (ii) any other purpose authorized by the Agreement, and (2) as to any individual parts or parcels of the Property on which the Improvements to be constructed thereon have been completed, and which, by the terms of the Agreement, the Redeveloper is authorized to convey or lease as such Improvements are completed, the Redeveloper (except as so authorized) has not made or created, and that it will not, prior to the proper completion of the Improve- ments as certified by the City, make or create, or suffer to be II -8 made or created, any total or partial sale, assignment, conveyance, or lease, or any trust or power, or transfer in any other mode or form of or with respect to the Agreement or the Property, or any part thereof or any interest therein, or any contract or agreement to do any of the same, without the prior written approval of the City: Provided, that prior to the issuance by the City of the certificate provided by in Section 306 hereof as to completion of construction of the Improvements, the Redeveloper may enter into any agreement to sell, lease, or otherwise transfer, after the issuance of such certificate, the Property or any part thereof or interest therein, which agreement shall not provide for payment of or on account of the purchase price or rent for the Property, or the part thereof or the interest therein to be so transferred, prior to the issuance of such certificate. (b) The City shall be entitled to require, except as otherwise provided in the Agreement, as conditions to any such approval that: (1) Any proposed transferee shall have the qualifications and financial responsibility, as determined by the City, necessary and adequate to fulfill the obligations under- taken in the Agreement by the Redeveloper (or, in the event the transfer is of or relates to part of the Property, such obligations to the extent that they relate to such part). (2) Any proposed transferee, by instrument in writing satis- factory to the City and in form recordable among the land records, shall, for itself and its successors and assigns, and expressly for the benefit of the City, have expressly assumed all of the obligations of the Redeveloper under the Agreement and agreed to be subject to all the condi- tions and restrictions to which the Redeveloper is sub- ject (or, in the event the transfer is of or relates to part of the Property, such obligations, conditions, and restrictions to the extent that they relate to such part): Provided, that any instrument or agreement which purports to transfer any interest whatsoever caused by this agreement without the express written approval of the City, is null and void. (3) There shall be submitted to the City for review all instruments and other legal documents involved in effecting transfer; and if approved by the City, its approval shall be indicated to the Redeveloper in writing. (4) The consideration payable for the transfer by the trans- feree or on its behalf shall not exceed an amount repre- senting the actual cost (including carrying charges) to the Redeveloper of the Property (or allocable to the part thereof or interest therein transferred) and the Improve- ments, if any, theretofore made thereon by it; it being the intent of this provision to preclude assignment of the Agreement or transfer of the Property for profit II -9 prior to the issuance of the certificate of completion as set forth in Section 306 of this Agreement. The City shall be entitled to increase the Purchase Price to the Redeveloper by the amount that the consideration payable for the assignments or transfer is in excess of the amount that may be authorized pursuant to this sub- division (4), and such consideration shall, to the extent it is in excess of the amount so authorized, belong to and forthwith be paid to the City. (5) The Redeveloper and its transferee shall comply with such other conditions as the City may find desirable in order to achieve and safeguard the purposes of the Urban Renewal Act and the Urban Renewal Plan. Provided, that in the absence of specific written agreement by the City to the contrary, no such transfer or approval by the City thereof shall be deemed to relieve the Redeveloper, or any other party bound in any way by the Agreement or otherwise with respect to the construction of the Improvements, from any of its obli- gations with respect thereto. SECTION 504. INFORMATION AS TO HOLDERS OF INTEREST IN REDEVELOPER. In order to assist in the effectuation of the purposes of this Article V and the statutory objectives generally, the Redeveloper agrees that during the period between execution of the Agreement and completion of the Improvements as certified by the City, (a) the Redeveloper will promptly notify the City of any and all changes whatsoever in the -ownership or control of interest, legal or beneficial, or of any other act or transaction involving or resulting in any change in the ownership of such interest or in the relative distribution thereof, or with respect to the identity of the parties in control of the .Redeveloper or the degree thereof, of which it or any of its officers have been notified or otherwise have knowledge or information; and (b) the Redeveloper shall at such time or times as the City may request, furnish the City with a complete statement, sub- scribed and sworn to by the President or other executive officer of the Redeveloper, setting forth all of the holders of interest in the Redeveloper and the extent of their re- spective holdings, and in the event any other parties have a beneficial interest in such holdings their names and the extent of such interest, all as determined or indicated by the records of the Redeveloper, any specific inquiry made by any such officer, of all parties who on the basis of all such records own ten (10) percent or more of the interest in the Redeveloper, and by such other knowledge or information as such officer shall have. Such lists, data, and information shall in any event be furnished the City immediately prior to the delivery of the Deed to the Redeveloper and as a condition precedent thereto, and annually thereafter on the anniversary of the date of the Deed until the issuance of a certificate of completion of all the Property. II -10 ARTICLE VI. MORTGAGE FINANCING; RIGHTS OF MORTGAGEES ON 601. LIMITATION UPON ENCUMBRANCE OF PROPERTY. Prior to the completion of the Improvements, as certifie by the City, neither the Redeveloper nor any successor in interest to the Property or any part thereof shall engage in any financing or any other trans- action creating any mortgage or other encumbrance or lien upon the Property, whether by express agreement or operation of law, or suffer any encumbrance or lien to be made on or attach to the Property, except for the purposes of obtaining (a) funds only to the extent necessary for making the Improvements, and (b) such additional funds, if any, in an amount not to exceed the Purchase Price paid by the Redeveloper to the City. The Redeveloper (or successor in interest) shall notify the City in advance of any financing, secured by mortgage or other similar lien instrument, it proposes to enter into with respect to the Property, or any part thereof, and in any event it shall promptly notify the City of any encumbrance or lien that has been created on or attached to the Property, whether by voluntary act of the Redeveloper or otherwise. For the purposes of such mortgage financing as may be made pursuant to the Agreement, the Property may, at the option of the Redeveloper (or successor in interest), be divided into several parts or parcels, provided that such subdivision, in the opinion of the City, is not inconsistent with the purposes of the Urban Renewal plan and the Agreement and is approved in writing by the City. SECTION 602. MORTGAGEE NOT OBLIGATED TO CONSTRUCT. Notwithstanding any of the provisions of the Agreement, inc uding but not limited to those which are or are intended to be covenants running with the land, the holder of any mortgage authorized by the Agreement (includ- ing any such holder who obtains title to the Property or any part thereof as a result of foreclosure proceedings, or action in lieu thereof, but not including (a) any other party who thereafter obtains title to the Property or such part from or through such holder, or (b) any other purchaser at foreclosure sale other than the holder of the mortgage itself) shall in no wise be obligated by the provisions of the Agreement to construct or complete the Improve- ments or to guarantee such construction or completion; nor shall any covenant or any other provision in the Deed be construed to so obligate such holder: Provided, that nothing in this Section or any other Section or provision of the Agreement shall be deemed or construed to permit or authorize any such holder to devote the Property or any part thereof to any uses, or to construct any improvements thereon, other than those uses or improvements provided or permitted in the Urban Renewal Plan and in the Agreement. SECTION 603. COPY OF NOTICE OF DEFAULT TO MORTGAGEE. Whenever the City --seiafl—deriver any notice or demand to tete Reeceveloper with respect to any breach or default by the Redeveloper in its obligations or covenants under the Agreement, the City shall at the same time forward a copy of such notice or demand to each holder of any mortgage authorized by the Agreement at the last address of such holder shown in the records of the City. SECTION 604. MORTGAGEE'S OPTION TO CURE DEFAULTS. After any breach or default referred to in Section 603 hereof,—each such holder shall (insofar as the rights of the City are concerned) have the right, at its option, to cure or remedy such breach or default (or such breach or default to the extent that it relates to the part of the Property covered by its mortgage) and to add the cost thereof to the mortgage debt and the lien of its mortgage: Provided, that if the breach or default is with respect to construction of the Improvements, nothing contained in this Section or any other Section of the Agreement shall be deemed to permit or authorize such holder, either before or after foreclosure or action in lieu thereof, to undertake or continue the construction or completion of the Improvements (beyond the extent necessary to conserve or protect Improvements or construction already made) without first having expressly assumed the obligation to the City, by written agreement satisfactory to the City, to complete, in the manner provided in the Agreement, the Improvements on the Property or the part thereof to which the lien or title of such holder relates. Any such holder who shall properly complete the Improvements relating to the Property or applicable part thereof shall be entitled, upon written request made to the City, to a certification or certifications by the City to such effect in the manner provided in Section 305 of the Agreement, and any such certification shall, if so requested by such holder mean and provide that any remedies or rights with respect to recapture of or reversion or revesting of title to the Property that the City shall have or be entitled to because of failure of the Redeveloper or any successor in interest to the Property, or any part thereof, to cure or remedy any default with respect to the construction of the Improvements on other parts or parcels of the Property, or became of any other default in or breach of the Agreement by the Redeveloper or such successor, shall not apply to the part or parcel of the Property to which such certification relates. SECTION 605. CITY'S OPTION TO PAY MORTGAGE DEBT OR PURCHASE PROPERTY. In any case, where, subsequent to default or breach by the Rede- veloper (or successor in interest) under the Agreement, the holder of any mortgage on the Property or part thereof (a) has, but does not exercise, the option to construct or complete the Improvements relating to the Property or part thereof covered by its mortgage or to which it has obtained title, and such failure continues for a period of sixty (60) days after the holder has been notified or informed of the default or breach; or II -12 (b) undertakes construction or completion of the Improvements but does not complete such construction within the period as agreed upon by the City and such holder (which period shall in any event be at least as long as the period prescribed for such construction or completion in the Agreement), and such default shall not have been cured within sixty (60) days after written demand by the City so to do, the City shall (and every mortgage instrument made prior to comple- tion of the Improvements with respect to the Property by the Re- developer or successor in interest shall so provide) have the option of paying to the holder the amount of the mortgage debt and securing an assignment of the mortgage and the debt secured thereby, or, in the event ownership of the Property (or part thereof) has vested in such holder by way of foreclosure or action in lieu thereof, the City shall be entitled, at its option, to a conveyance to it of the Property or part thereof (as the case may be) upon payment to such holder of an amount equal to the sum of: (i) the mortgage debt at the time of foreclosure or action in lieu thereof (less all appropriate credits, including those resulting from collection and application of rentals and other income received during foreclosure proceedings); (ii) all expenses with respect to the foreclosure; (iii) the net expense, if any (exclusive of general overhead), incurred by such holder in and as a direct result of the subsequent management of the Property; (iv) the costs of any Improve- ments made by such holder; and (v) an amount equivalent to the interest that would have accrued on the aggregate of such amounts had all such amounts become part of the mortgage debt and such debt had continued in existence. SECTION 606. CITY'S OPTION TO CURE MORTGAGE DEFAULT. In the event of a default or breach prior to the completion of the Improvements by the Redeveloper, or any successor in interest, in or of any of its obligations under, and to the holder of, any mortgage or other instrument creating an encumbrance or lien upon the Property or part thereof, the City may at its option cure such default or breach, in which cases the City shall be entitled, in addition to and without limitation upon any other rights or remedies to which it shall be entitled by the Agreement, operation of law, or other- wise, to reimbursement from the Redeveloper or successor in interest of all costs and expenses incurred by the City in curing such default or breach and to a lien upon the Property (or the part thereof to which the mortgage, encumbrance, or lien relates) for such reimbursement: Provided, that any such lien shall be subject always to the lien of including any lien contemplated, because of advances yet to be made, by) any then existing mortgages on the Property authorized by the Agreement. SECTION 607. MORTGAGE AND HOLDER. For the purposes of the Agreement: The term "mortgage" shall include a deed of trust or other instrument creating an encumbrance or lien upon the Property, or any part thereof, as security for a loan. The term "holder" in reference to a mortgage shall include any insurer or guarantor of any obligation II -13 or condition secured by such mortgage or deed of trust, including, but not limited to, the Federal Housing Commissioner, the Admin- istrator of Veterans Affairs, and any successor in office of either such official. ARTICLE VII. REMEDIES SECTION 701. IN GENERAL. Except as otherwise provided in the Agree- ment, in the event of any default in or breach of the Agreement, or any of its terms or conditions, by either party hereto, or any successor to such party, such party (or successor) shall, upon written notice from the other, proceed immediately to cure or remedy such default or breach, and, in any event, within sixty (60) days after receipt of such notice. In case such action is not taken or not diligently pursued, or the default or breach shall not be cured or remedied within a reasonable time, the aggrieved party may institute such proceedings as may be necessary or desirable in its opinion to cure and remedy such default or breach, including, but not limited to, proceedings to compel specific performance by the party in default or breach of its obligations. SECTION 702. TERMINATION BY REDEVELOPER PRIOR TO CONVEYANCE. In the event that the City does not tender conveyance of the Property, or possession thereof, in the manner and condition, and by the date, provided in this Agreement, and any such failure shall not be cured within sixty (60) days after the date of written demand by the Redeveloper, and the City is unable to demonstrate, to the rea- sonable satisfaction of the Redeveloper that the defects, cloud, or other deficiencies in or on title involved, or the part of the property to which it relates, is of such nature that the Rede- veloper will not be hampered or delayed in the construction of the improvements by taking title and possession subject to such defects, the City will refund to the Developer any good faith deposit tendered by the Redeveloper for such property or the portion of said good faith deposit reasonable allocable to the portion of the property not conveyed and this agreement with respect to the property not conveyed shall be terminated, provided, it is hereby expressly agreed that in the event this agreement is terminated pursuant to this Section each party to this agreement shall be solely responsible for all expenses incurred or obligated by it and shall have no claim against the other party. ON 703. TERMINATION BY CITY PRIOR TO CONVEYANCE. In the event that prior to conveyance of the Property to the Redeveloper, the Redeveloper is in violation of Section 502 of Part II of this Agreement or the Redeveloper does not pay the Purchase Price and take title to the Property upon tender of conveyance by the City pursuant to this Agreement, or the Redeveloper fails to cure any default or failure within thirty (30) days from the date of written demand by the City, then this Agreement, and any rights of the Redeveloper, or any assignee or transferee, in this Agreement, or arising therefrom with respect to the City or the Property, shall, at the option of the City, be terminated by the City, in which event, as provided in Paragraph C, Section 3 of Part I hereof, the II -14 Deposit or any portion thereof may be retained by the City as liquidated damages and as its property without any deduction, offset, or recoupment whatsoever, and neither the Redeveloper (or assignee or transferee) nor the City shall have any further rights against or liability under this Agreement to the other in respect to the property or part thereof for which the deposit has been retained. SECTION 704. REVESTING TITLE IN CITY SUBSEQUENT TO CONVEYANCE TO REDEVELOPER. In the event that Subsequent to conveyance of the Property or any part thereof to the Redeveloper and prior to completion of the Improvements as certified by the City (a) the Redeveloper does not submit plans as required by the Agreement in satisfactory form and in the manner and by the dates respectively provided in this Agreement; or (b) the Redeveloper (or successor in interest) shall default in or violate its obligations with respect to the construction of the Improvements (including the nature and the dates of for the beginning and completion thereof), or shall abandon or substantially suspend construction work, and any such default, violation, abandonment, or suspension shall not be cured, ended, or remedied within ninety (90) days after written demand by the City; or (c) the Redeveloper (or successor in interest) shall fail to pay real estate taxes or assessments on the Property or any part thereof when due, or shall place thereon any encumbrance or lien unauthorized by the Agreement, or shall suffer any levy or attachment to be made, or any materialmen's or mechanics' lien, or any other unauthorized encumbrance or lien to attach, and such taxes or assessments shall not have been paid, or the encumbrance or lien removed or discharged or provision satis- factory to the City made for such payment, removal, or discharge, within ninety (90) days after written demand by the City; or (d) the Redeveloper violates the provision of Section 502 of Part II of this Agreement and such violation shall not be cured within sixty (60) days after written demand by the City to the Redeveloper, then the City shall have the right to re-enter and take possession of the Property and all Improvements located thereon and to terminate (and revest in the City) the property conveyed by the Deed to the Redeveloper, it being the intent of this provision, together with other provisions of the Agreement, that the conveyance of the Property to the Redeveloper shall be made upon, and that the Deed shall contain, a condition subsequent to the effect that in the event of any default, failure, violation, or other action or inaction by the Redeveloper specified in subdivisions (a), (b), (c) and (d) of this Section 704, failure on the part of the Redeveloper to remedy, end, or abrogate such default, failure, violation, or other action or inaction, within the period and in the manner stated in such subdivisions, the City at its option may declare a termination in favor of the City of the title, and of all the rights and interests in and to the Property conveyed by the Deed to the Redeveloper and Improvements constructed thereon, and that such title and all rights and interests of the Redeveloper, and any assigns or suc- cessors in interest to and in the Property and any Improvements constructed thereon, shall revert to the City: Provided, that such condition subsequent and any revesting of title as a result thereof in the City (1) shall always be subject to and limited by, and shall not defeat, render invalid, or limit in any way, (i) the lien of any mortgage authorized by the Agreement, and (ii) any rights or interests provided in the Agreement for the protection of the holders of such mortgages; and (2) shall not apply to individual parts or parcels of the Property (or, in the case of parts or parcels leased, the leasehold interest) on which the Improvements to be constructed thereon have been completed in accordance with the Agreement and for which a certificate of completion is issued therefor as provided in Section 305 hereof. In addition to and without in any way limiting the City's right to re-entry as provided for in this Section, the City shall have the right to retain the Deposit or any portion thereof, as provided in Paragraph C, Section 3 of Part I hereof, without any deduction, offset or recoupment what- soever, in the event of a default, violation or failure of the Redeveloper as specified in this Section. ECTION 705. RESALE OF REAC UIRED PROPERTY; DISPOSITION OF PROCEEDS. Upon t e revesting in the city of title to the Property and any Improvements thereon, or any part thereof as provided in Section 704, the City shall, pursuant to its responsibilities under State law, use its best efforts to resell the Property or part thereof (subject to such mortgage liens and leasehold interests as in Section 704 set forth and provided) as soon and in such manner as the City shall find feasible and consistent with the objective of making or completing the Improvements or such other improvements in their stead as shall be satisfactory to the City and in accordance with the uses specified for such Property or part thereof in the Urban Renewal Plan. Upon such resale of the Property, the proceeds thereof shall be applied: (a) First, to reimburse the City, on its own behalf, for all costs and expenses incurred by the City, including but not limited to salaries of personnel, in connection with the recapture, management, and resale of the Property or part thereof (but less any income derived by the City from the Property or part thereof in connection with such management); all taxes, assessments, and water and sewer charges with respect to the Property or part thereof (or, in the event the Property is exempt from taxation or assessment or such charges during the period of ownership thereof by the City, the amount, if paid, equal to such taxes, assessments, or charges (as determined by the City assessing official) as would have been payable if the Property or part thereof at the time of revesting of title thereto in the City or to discharge or prevent from attaching or being made any subsequent encumbrances or liens due to obligations, defaults, or acts of the Redeveloper, its successors or transferees; any expenditures made or obligations incurred with respect to the making or completion or removal of the Improvements or any part thereof on the Property or part thereof; and any amounts otherwise owing the City by the Redeveloper and its successor or transferee; and (b) Second, to reimburse the Redeveloper, its successor or trans- feree, up to the amount amount equal to (1) the sum of the purchase price paid by it for the Property (or allocable to the part thereof) and the cash actually invested by it in making any of the Improvements on the Property or part thereof, unless (2) any gains or income withdrawn or made by it from the Agreement or the Property. Any balance remaining after such reimbursements shall be retained by the City as its property. SECTION 706. OTHER RIGHTS AND REMEDIES OF CITY; NO WAIVER BY DELAY. The City shall have the right to institute such actions or proceed- ings as it may deem desirable for effectuating the purposes of this Article VII, including also the right to execute and record or file among the public land records in the office in which the Deed is recorded a written declaration of the termination of all the right, title, and interest of the Redeveloper, and (except for such individual parts or parcels upon which construction of that part of the Improvements required to be constructed thereon has been completed, in accordance with the Agreement, and for which a certi- ficate of completion as provided in Section 305 hereof is to be delivered, and subject to such mortgage liens and leasehold interests as provided in Section 704 hereof) its successors in interest and assigns, in the Property, and the revesting of title thereto in the City: Provided, that any delay by the City in instituting or prosecuting any such actions or proceedings or otherwise asserting its rights under this Article VII shall not operate as a waiver of such rights or to deprive it of or limit such rights in any way (it being the intent of this provision that the City should not be constrained (so as to avoid the risk of being deprived of or limited in the exercise of the remedy provided in this Section because of concepts of waiver, laches, estoppel, or otherwise) to exercise such remedy at a time when it may still hope otherwise to resolve the problems created by the default involved); nor shall any waiver in fact made by the City with respect to any specific default by the Redeveloper under this Section be considered or treated as a waiver of the rights of the City with respect to any other defaults by the Redeveloper under this Section or with respect to the particular default except to the extent specifically waived in writing. T T-1 7 SECTION 707. IMPOSSIBILITY OF PERFORMANCE BY CITY PRIOR TO CONVEYANCE OF PROPERTY. Should at any time prior to the conveyance of title to any Property under this Agreement, the City of Iowa City, Iowa be enjoined from such conveyance or prevented from so doing by any order or decision or act of any judicial, legislative or executive body having authority in the premises, the City at its option may terminate this Agreement and any obligations incurred by either party shall cease. In the event of such termination, the City shall not be responsible for any damages, expenses or costs incurred by the Redeveloper by reason of such termination. It is further agreed and understood that the City shall have no liability for failure to deliver title to such Property or any part thereof to the Redeveloper after making a good faith attempt to do so. ON 708. ENFORCED DELAY IN PERFORMANCE FOR CAUSE BEYOND CONTROL OF PARTY. For the purposes of any of the provisions of the Agreement, neither the City nor the Redeveloper, as the case may be, nor any successor in interest, shall be considered in breach of, or default in, its obligations with respect to this Agreement in the event of enforced delay in the performance of such obligations due to unfore- seeable causes beyond its control and without its fault or negligence, including, but not restricted to, acts of God, acts of the public enemy, acts of the other party, fires, floods, epidemics, quarantine restrictions, strikes, and usually severe weather or delays of subcontractors due to such causes; it being the purpose and intent of this provision that in the event of the occurrence of any such enforced delay, the time or times for performance of the obligations of the City or of the Redeveloper under this Agreement, as the case may be, shall be extended for the period of the enforced delay as determined by the City: Provided, That the party seeking the benefit of the provisions of this Section shall, within ten (10) days after the beginning of any such enforced delay, have first notified the other party thereof in writing, and of the cause or causes thereof, and requested an extension for the period of the enforced delay. SECTION 709. RIGHTS AND REMEDIES CUMULATIVE. The rights and remedies of the parties to the Agreement, whether provided by law or by the Agreement, shall be cumulative, and the exercise by either party of any one or more of such remedies shall not preclude the exercise by it, at the same or different times, of any other such remedies for the same default or breach or of any of its remedies for any other default or breach by the other party. No waiver made by either such party with respect to the performance, or manner or time thereof, or any obligation of the other party or any condition to its own obligation under the Agreement shall be considered a waiver of any rights of the party making the waiver with respect to the particular obligation of the other party or condition to its own obligation beyond those expressly waived in writing and to the extent thereof, or a waiver in any respect in regard to any other rights of the party making the waiver or any other obligations of the other party. II -18 710. PARTY IN :TY WITH RESPE( The Redeveloper, for itself and its successors and assigns, and fo all other persons who are or who shall become, whether by express or implied assumption or otherwise, liable upon or subject to any obligation or burden under the Agreement, hereby waives, to the fullest extent permitted by law and equity, any and all claims or defenses otherwise available on the ground of its (or their) being or having become a person in the position of a surety, whether real, personal, or otherwise or whether by agreement or operation of law, including, without limitation on the generality of the foregoing, any and all claims and defenses based upon extension of time, indulgence, or modification of terms of contract. ARTICLE VIII. MISCELLANEOUS ESTS• CITY REPRESENTATIVES SECTION 801. CONFLICT OF INTER VES NOT INDIVID U LLY LIABLE. o member, official, or employee of the City shall have any personal interest as defined in Chapter 403, Code of Iowa 1977, direct or indirect, in the Agreement, nor shall any such member, offical, or employee participate in any decision relating to the Agreement which affects his personal interests or the interests of any corporation, partnership, or association in which he is, directly or indirectly, interested. No member, official, or employee of the City shall be personally liable to the Redeveloper, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Rede- veloper or successor or on any obligations under the terms of the Agreement. SECTION 802. EQUAL EMPLOYMENT OPPPORTUNITY. The Redeveloper, for itse an its successors an assigns, agrees that during the construction of the Improvements provided for in the Agreement: (a) The Redeveloper will not discriminate against any employee or applicant for employment because of race, color, religion, sex, disability, sexual orientation, marital status, or national origin. The Redeveloper will take affirmative action to insure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, disability, sexual orientation, marital status, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compen- sation; and selection for training, including apprenticeship. The Redeveloper agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the City setting forth the provisions of this nondiscrimination clause. (b) The Redeveloper will, in all solicitations or advertisements for employees placed by or on behalf of the Redeveloper, state that the Redeveloper is an equal opportunity employer. (c) The Redeveloper will send to each labor union or representative of workers with which the Redeveloper has a collective bargaining agreement or other contract or understandin-, a notice, to be provided, advising the labor union or workers' representative of the Redeveloper's commitments under Section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (d) The Redeveloper will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (e) The Redeveloper will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor or the Secretary of Housing and Urban Development pursuant thereto, and will permit access to the Redeveloper's books, records, and accounts by the City, the Secretary of Labor for purposes in investigation to ascertain compliance with such rules, regulations, and orders. (f) In the event of the Redeveloper's noncompliance with the non- discrimination clauses of this Section, or with any of the said rules, regulations, or orders, the Agreement may be canceled, terminated, or suspended in whole or in part and the Redeveloper may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (g) The Redeveloper will include the provisions of Paragraphs (a) through (g) of this Section in every contract or purchase order, and will require the inclusion of these provisions in every subcontract entered into by any of its contractors, unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each such contractor, subcontractor, or vendor, as the case may be. The Redeveloper will take such action with respect to any construction contract, subcontract, or purchase order as the City or the Department of Housing and Urban Development may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, That in the event the Redeveloper becomes inv�d- in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the City or the Depart- ment of Housing and Urban Development, the Redeveloper may request the United States to enter into such litigation to protect the interests of the United States. II -20 SECTION 803. PROVISIONS NOT MERGED WITH DEED. None of the provisions of the Agreement are intended to or s a 1 be merged by reason of any deed transferring title to the Property from the City to the Redeveloper or any successor in interest, and any such deed shall not be deemed to affect or impair the provisions and covenants of the Agreement. SECTION CLES AND SECTIONS parts, Hrticies, ana sections OT the N convenience of reference only and shal or interpreting any of its provisions. II -21 . Any titles of the several eement are inserted for be disregarded in construing le -4 _i_(C RESOLUTION NO. 77-482 RESOLUTION OF COMMENDATION FOR PRESS -CITIZEN REPORTER, MARK ROHNER WHEREAS, Mr. Mark Rohner has represented the Iowa City Press - Citizen as the Civic Center reporter, and, WHEREAS, Mr. Rohner has been fair and unbiased in his reporting, and, WHEREAS, Mr. Rohner is leaving our city to represent the Gannett Newspapers in Washinton, D. C., NOW THEREFORE BE IT RESOLVED THAT THE IOWA CITY COUNCIL presents its thanks to Mark Rohner, and wishes him good luck in his new position. Moved by Foster, seconded by Perret to adopt the Resolution as read, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x deProsse x Foster Neuhauser x Perret x Selzer x Vevera Passed and approved this 20th day of December, 1977. Mayor Mar. Neuhauser ATTEST: 2s=e.� 0 City Clerk Abbie StolAs 37 Part I of CONTRACT FOR SALE OF LAND FOR PRIVATE REDEVELOPMENT By and Between OLD CAPITOL ASSOCIATES and The City of Iowa City, Iowa CONTRACT FOR SALE OF LAND FOR PRIVATE REDEVELOPMENT AGREEMENT, consisting of this Part I and Part II annexed hereto and made a part hereof (which Part 1 and Part II are together hereinafter called "Agreement"), made on or as of the day of , 19 , by and etween the City o Iowa City, Iowa, a pU511C body corporate (which, together with any successor public body or officer hereafter designated by or pursuant to law, is hereinafter called the "City"), established pursuant to the statutes of the State of Iowa pertaining to Municipalities, Cities, Towns, and particularly Chapter 403 of the Code of Iowa as amended (hereinafter called "Urban Renewal Act") and having its office at the Civic Center in the City of Iowa City, State of Iowa, and Old Capitol Associates a 'oint venture organized an existing under a aws o the State of Iowa thereinafter called "Redeveloper") and having an office for the transaction of business at 200 Plaza Centre One in the City of Iowa City County OT Johnson and State of Iowa , WITNESSETH: WHEREAS, in furtherance of the objectives of the Urban Renewal Act, the City has undertaken a program for the clearance and reconstruction or rehabilitation of slum and blighted areas in the City, and in this connection is engaged in carrying out an urban renewal project (herein- after called "Project") in an area (hereinafter called the "Project Area") located in the City; and WHEREAS, as of the date of this Agreement there has been prepared and approved by the City an urban renewal plan for the Project, con- sisting of ("The Urban Renewal Plan, dated September 3, 1969, by Resolu- tion No. 2157, as amended from time to time and as it may hereafter be further amended pursuant to law, and as so constituted, is unless other- wise indicated by the context, hereinafter called "Urban Renewal Plan"), and WHEREAS, a copy of the Urban Renewal Plan as constituted on the date of the Agreement has been recorded among the land records for the place in which the Project Area is situated, namely, in the Office of the Johnson County Recorder in Book 490 at page 408, and has been filed in the Office of the Clerk of the City located at the Civic Center in the City; and WHEREAS, in order to enable the City to achieve the objectives of the Urban Renewal Plan and particularly to make the land in the Project Area available for redevelopment by private enterprise for redevelopment in accordance with the Urban Renewal Plan, both the Federal Government and the City have undertaken to provide and have provided substantial aid and assistance through a Contract for Loan and Capital Grant dated September 2, 1970, in the case of the Federal Government; and WHEREAS, pursuant to Chapter 403, Code of Iowa as amended, the City has offered to sell and the Redeveloper is willing to purchase certain real property located in the Project Area and more particularly described in Schedule A annexes hereto and made a part hereon twhich property as so described is hereinafter called "Property") and to redevelop the Property for and in accordance with the uses specified in the Urban Renewal Plan and in accordance with the Agreement; and WHEREAS, the City believes that the redevelopment of the Property pursuant to the Agreement, and the fulfillment generally of the Agree- ment, are in the vital and best interests of the City and the health, safety, morals, and welfare of its residents, and in accord with the public purposes and provisions of the applicable Federal, State, and local laws and requirements under which the Project has been undertaken; and WHEREAS, the City has acquired title to certain property described in Schedule A hereof: NOW, THEREFORE, in consideration of the premises and the mutual obligations of the parties hereto, each of them does hereby covenant and agree with the other as follows: SECTION 1. SALE: PURCHASE PRICE Subject to all the terms, covenants, and conditions of the Agree- ment, the City will sell the property described in Schedule A hereof to the Redeveloper for, and the Redeveloper will purchase the property from the City and pay therefore, the amounts set forth in Schedule B hereof, subject to the terms and conditions of Section 2 of this Agreement. The amounts set forth in Schedule B, hereinafter called "Purchase Price," are to be paid in cash or by certified check simultaneously with the delivery of the deeds conveying the property to the Redeveloper. SECTION 2. CONVEYANCE OF PROPERTY (a) Form of Deed. The City shall convey to the Redeveloper title to the property by Special Warranty Deed (hereinafter called "Deed"). Such conveyance and title shall, in addition to the condition subsequently provided for in Section 704, Part II, hereof, and to all other conditions, covenants, and restric- tions set forth or referred to elsewhere in the Agreement, be subject to: (1) Such easements as it shall have been necessary, pursuant to the Urban Renewal Plan, for the City to reserve, for itself or for future dedication or grant, for sewers, drains, water and gas distribution lines, electric, telephone, and telegraph installations, rights-of-way and access, or as described or referred to in "Schedule A," description of property, attached hereto and referenced as a part hereof; (2) All conditions, covenants and restrictions contained in said Urban Renewal Plan and Part I and II of this Contract. -2- (b) Time and Place for Deliver of Deeds. The City shall deliver the Deedan possess ono the property to the Redeveloper upon payment of the purchase price in full upon such dates as called for in this Agreement. Conveyance shall be made at the principal office of the City and the Redeveloper shall accept such conveyance and pay to the City at such time and place the purchase price in full for each parcel delivered. (c) Recordation of Deeds. The Redeveloper shall promptly file the Deeds for recor at on among the land records of Johnson County, Iowa. The Redeveloper shall pay all costs (including the cost of the State documentary stamp tax on the Deeds, for which stamps in the proper amount shall be affixed to the Deeds by the Redeveloper), for so recording said Deed. (d) Delivery of the Abstract. The City will furnish to the Rede- veloper In advance of the closing on each parcel, an abstract of title showing good marketable title in the City of Iowa City, Iowa, free and clear of all taxes, assessments or'other encumbrances except as hereinbefore specified. The abstracts of title shall be at City expense and will be certified by a qualified abstracting company to the close of business as the closest practical date prior to the date of the deed of con- veyance. The cost of obtaining an attorney's examination of the abstracts for title opinion and/or the cost of obtaining title insurance, if required, shall be at the expense of the Redeveloper. (e)Deliver of Pro ert . The City will deliver the property escri e n cue u e A hereof at the time set forth in Schedule C hereof. The Redeveloper agrees to pay for and accept title of such property as called for in this Agreement and agrees to begin development promptly on the property conveyed within the time called for in this Agreement. Failure by the Redeveloper to pay for and accept delivery of the urban renewal land as called for herein will result in forfeiture of the deposits posted with the City by the Redeveloper attributable to such property, without limiting the City as to other remedies against the Redeveloper. In the event the City is unable to deliver the property as called for in Schedule C to the Redeveloper, the Redeveloper shall have the option of rescinding the development contract only as to such parcels in default by causing a written notice to be served upon the City of the exercise of such option. Upon receipt by the City of this _ notice, the City shall have sixty (60) days to cure the default by tendering the property covered in the notice to the Redeveloper. If the City is unable to cure the default within the sixty (60) days as provided herein, the Redeveloper shall, at its option, stand relieved of its obligation to accept the parcel or parcels involved and the City shall, in such event, promptly refund that portion of the Redeveloper's deposit attributable to such parcels to the Redeveloper. It is expressly understood and agreed that the City shall have no other liability, direct or indirect, to the Redeveloper on account of delay or inability to deliver land to the Redeveloper as -3- called Tor in this Agreement and the Redeveioper's remedy in the event of default by the City in delivery of urban renewal land is hereby specifically limited to rescinding the contract as to such land as provided in this paragraph. (f) Default bX Redeveloper. In the event the Redeveloper fails to accept delivery of and pay for one or more parcels of property, as called for in this Agreement, the City may, at its option, call the entire Agreement, or the Agreement as it applies to any part of the property, in default, serve a proper notice of forfeiture upon the Redeveloper and terminate this Agreement in its entirety except that forfeiture of this Agreement shall not relieve the Redeveloper of the obligations imposed by this Agreement as to property already delivered to the Redeveloper. SECTION 3. GOOD FAITH DEPOSIT (a) Amount. The Redeveloper has, prior to or simultaneously with tTe execution of the Agreement by the City, delivered to the City a good faith deposit or a surety bond in the penal amount of $1400.00 Dollars, (ten percent of the purchase pr ce , in w ich the City is the obligee, issued by a surety company regularly 6—gaged in the issuance of such un er takings and on the list of surety companies approved by the United States Treasury for at least such amount, or cash, or a certified check satisfactory to the City in the amount of One thousand four hundred ($1400.00)-------- Dollars, herein- after called posit, as security for the performance of the obligations of the Redeveloper to be performed prior to the return'of the Deposit to the Redeveloper, or its retention by the City as liquidated damages, or its application on account of the Purchase Price, as the case may be, in accordance with the Agreement. The Deposit, if cash or certified check, shall be deposited in an account of the City in a bank or trust company selected by it. (b) Interest. The City shall be under no obligation to pay or ear— nit rest on the Deposit, but if interest is payable thereon such interest when received by the City shall be promptly paid to the Redeveloper. (c) Retention by Cit Upon termination of the Agreement as provided in ec Ro-ns 703 and 704 of Part II hereof, the Deposit or the proceeds of the Deposit, if not theretofore returned to the Redeveloper pursuant to Paragraph (d) of this Section, including all interest payable to such Deposit or the proceeds thereof after such termination, shall be retained by the City Agency as provided in Sections 703 and 704 of Part II hereof. -4- (d) Return to Redeveloper. Upon termination of the Agreement as provided nec�02 of Part II hereof, the Deposit shall be returned to the Redeveloper by the City as provided in Section 702 of Part II hereof. SECTION 4. TIME FOR COMMENCEMENT AND COMPLETION OF IMPROVEMENTS The construction of the Improvements called for in this Agreement shall be commenced and completed in accordance with Schedule D hereof (to-be-submitted-by-Developer-with-his-prepesat). Provided, that if a mortgage securing money loaned to finance the Improve- ments, or any part thereof, is insured by the Secretary of Housing and Urban Development, then the aforesaid completion time shall not apply, but instead the construction of the Improvements, or any part thereof, shall be completed within the time specified in the applicable Building Loan Agreement approved by the Secretary of Housing and Urban Development. SECTION 5. TIME FOR CERTAIN OTHER ACTIONS (a) Time for Submission of Preliminary Design Plans. The Rede- veloper shall submit re minary Design Plans as called for in Section 301 of Part II of this Agreement as soon as possible after the time for conveyance set forth in Schedule C hereof, and shall submit such plans in no event later than 30 working days after conveyance. (b) Time for Submission of Construction Plans. The Redeveloper shall submit construction p ans as EaMed for in Section 301 of Part II of this Agreement as soon as possible after approval of the Preliminary Design Plans by the City Council, and in no event, later than sixty (60) days prior to the time for start of construction called for in Schedule D hereof. (c) Time for Submission of Corrected Plans. In the event that Preliminary Des gn Plans or ConstructTon Plans are rejected by the City, as set forth in Section 301 of Part II of this Agreement, the Redeveloper shall submit corrected plans within thirty (30) days of said rejection. (d) If any hardship shall exist in complying with the foregoing provisions of this Section, the Redeveloper may petition to the City in writing for an extension of time for performance of any part of this Section, setting forth in detail the reasons for needing such extension. SECTION 6. PERIOD OF DURATION OF COVENANT ON USE The covenants pertaining to the use of the Property, set forth in Paragraph (a) of Section 401 of Part II hereof, shall remain in effect from the date of the Deed until October 2, 1994, the period specified or referred to in the Urban Renewal Plan, and shall automatically extend for five year periods thereafter, unless changed by the City Council. -5- SECTION 7. NOTICES AND DEMANDS. A notice, demand, or other communication under the Agreement by either party to the other shall be sufficiently given or delivered if it is dispatched by registered or certified mail, postage prepaid, return receipt requested, or delivered personally, and. (i) in the case of the Redeveloper, is addressed to or delivered personally to the Redeveloper at Old Capitol Associates 200 Plaza Centre One Iowa City, Iowa 52240 AND (ii) in the case of the City, is addressed to or delivered personally to the: City Manager Civic Center 410 E. Washington St. Iowa City, IA 52240 or at such other address with respect to either such party as that may, from time to time, designate in writing and forward to the other as provided in this Section. SECTION 8. COUNTERPARTS The Agreement is executed in three (3) counterparts, each of which shall constitute one and the same instruments. SECTION 9. ADDED PROVISIONS The City understands, and hereby agrees that the Redeveloper shall convey title to this parcel to the owner of the property immediately to the west of said parcel, for an amount equal to the Redeveloper's cost. Thereafter, notwithstanding any other provision in this contract, no interest in this property shall be sold, assigned or otherwise conveyed during the period of duration of the covenant of use specified in Section 6 of this contract without prior written approval by the City. The City shall not withhold approval should said interest in this property be conveyed, assigned or otherwise transferred as part of the larger parcel composed of: commencing at the northeast corner of Lot 8, thence south 68 feet, west 75 feet, north 41 feet, east 2 and one-sixth feet, north 27 feet, east 72 and five -sixths feet to the point of beginning, Block 102, Iowa City, Johnson County, Iowa, according to the recorded plat thereof. IN WITNESS WHEREOF, the City has caused the Agreement to be duly executed in its name and behalf by its Mayor and its seal to be hereunto duly affixed and attested by its City Clerk, and the Redeveloper has caused the Agreement to be duly executed in its name and behalf by its participants and -seal-to -be -bereunto-do€y-a#€axed and- allest- 4tr,,s"•4"r*, on or as of the day first above written. n