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HomeMy WebLinkAbout1974-02-19 ResolutionRESOLUTION NO- 74-!;9 on" mace PRRMIT 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 per- son or persons at the following described locations: Edna Eldeen,dba/Hilltop Tavern, 1100 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 recomendation for approval to be en- dorsed 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 & Liquor Control Department. seconded by n,an�+ that the It was moved by Whi P and roll call there were: Resolution as'read be adopted, and upon AYES: NAYS: ABSENT: X _ Brandt v Coarneck'i- Davidsen" x deP rO S Se Y.7L+ i to day of FPhruarx , 19 7 4 passed this �,__ THIS AGREEMENT,.made and entered into this 19th day of February 19 74 , by and between the City of Iowa City, Iowa party of the first part, hereinafter referred to as the Owner and Metro Pavers, Inc. of Iowa City, Iowa 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 27th day of November , 1973 for the Burlington Street Improvement 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: ITEM DESCRIPTION UNIT ESTIMATED QUANTITY UNIT PRICE EXTENDED AMOUNT 1. 9" PCC Pavement sq. yd. 11,529 $ 9.50 $109,525.50 2. 7" PCC Pavement sq. yd. 7,513 8.25 61,982.25 3. 6" Integral Curb lin. ft. 4,854 .65 3,155.10 4. 6" PCC Alley Pavement sq. yd. - _ 765 8.00 6,120.00 5. 6" PCC Driveway Pavement sq. yd. 1,827 8.50 15,529.50 6. 4" PCC Sidewalk sq. ft. 16,712 1.00 16,712.00 7. Asphaltic Conc. Surface- ton 575 30.00 17,250.00 8. Primer or Tack gal. 248 .70 173.60 9. Crushed Stone ton 177 5.20 920.40 J C-01 TOTAL EXTENDED AMOUNT (Total Items 1-33) C-02 11\luL $12.60 14.57 16.75 20.00 27.50 38.22 47.00 600.00 2800.00 600.00 950.00 50.00 600.00 2.00 2.00 .13 1.50 1.75 100.00 2.75 8.00 1.00 3.50 6.50 900.00 50.00 .38 5.25 10.00 2.50 $ 9,878.40." 845.06 5,711.75 3,420.00 13,970.00 1,911.00 24,816.00 1,800.00 2,800.00 600.00 16,150.00 5,550.00 1,200.00 36,594.00 3,442.00 2,710.89 450.00 2,063.25 1,300.00 13,109.25 832.00 104.00 280.00 2,587.00 $ 383,492.95 _ ESTIMATED ITEM DESCRIPTION UNIT _ UANTITY 10.- RCP 2000D Storm Sewer (12") lin. ft. 784 11. RCP 2000D Storm Sewer (15") lin. ft. 58 12. RCP 2000D Storm Sewer (18") lin. ft. 341 13. RCP 2000D Storm Sewer (21") lin. ft. 171 14. RCP 2000D Storm Sewer (30") lin. ft. 508 15. RCP 2000D Storm Sewer (36") lin. ft. 50 16. RCP 2000D Storm Sewer (42") lin. ft. 528 17. Standard Precast Manhole each 3 18. Special Manhole each 1 19. RA -3 Inlet each 1 20. RA -8 Inlet each 17 21. RA -8 Throat lin. ft. 111 22. Double Alley Inlet each 2 23. Pavement Removal sq. yd. 18,297 24. Concrete Driveway Removal sq. yd. 19721 25. Sidewalk Removal sq. ft. 20,853 26. Asphalt Pavement Removal sq. yd. 300 27. Saw Cut lin. ft. 1,179 28. Inlet Removal each 13 29. Excavation cu. yd. 4,767 30. PCC Steps cu. ft. 104 31. PCC Step Removal cu. ft. 104 32. Asphalt Curb lin. ft. 80 33. 30" Curb & Gutter lin. ft. 398 34. RA -6 Inlet each As req'd 35. RA -7 Throat lin. ft. As req'd 36. #4 Paving Reinforcing Rod- lb. As req'd 37. 1"-3" Rock Compacted in Place ton As req'd 38. Sanitary Sewer Service Connections/lin. ft. As req'd 39. Exposed Concrete Sidewalk sq. ft. As req'd TOTAL EXTENDED AMOUNT (Total Items 1-33) C-02 11\luL $12.60 14.57 16.75 20.00 27.50 38.22 47.00 600.00 2800.00 600.00 950.00 50.00 600.00 2.00 2.00 .13 1.50 1.75 100.00 2.75 8.00 1.00 3.50 6.50 900.00 50.00 .38 5.25 10.00 2.50 $ 9,878.40." 845.06 5,711.75 3,420.00 13,970.00 1,911.00 24,816.00 1,800.00 2,800.00 600.00 16,150.00 5,550.00 1,200.00 36,594.00 3,442.00 2,710.89 450.00 2,063.25 1,300.00 13,109.25 832.00 104.00 280.00 2,587.00 $ 383,492.95 1 2. That this Contract consists of tine i:ollowing 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 One and Two b. Detailed Specifications for the BURLINGTON STREET IMPROVEMEP4T PROJECT c. Plans d. Notice of Public Hearing and Notice to Bidders e, Instructions 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 three (3) copies. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals the date first written above. City of Iowa City, J.owa -- Contractor Metro Payers, Inc./I (Seal) By (Sea (Title) (Tile) President ATTEST: EST: 0 (Title.) (14'Zr (Title) Johnson Count —Notar (Company icia C-03 .■ Iowa City, Iowa Here insert the name and address or legal title of theContractor) a Principal, hereinafter called the Contractor and STATE SURETY COMPANY Here insert the legaZ title of the Surety as Surety, hereinafter called the Surety, are held and firmly bound onto the City of Iowa City, Iowa, as obligee, hereinafter called the Three Hundred -Eighty-three Thousand Four Hundred Ninety - Owner, in the amount of two and 95/100 Dollars ($ 3839492.95- ) for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written agreement dated February 19 , 74 �P 19 -,1yf4 %d��li i g t 8in 9StCMQ ne irr n�w �e�e4r In accordance with drawings and specifications prepared by the City of Iowa City, which Contract is by reference made a part hereof, and is hereinafter referred to as the Contract. NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION are such that, if Contractor shall promptly and faithfully perform said Contract, then the obligation of this bond shall benulland void; otherwise it shall remain in full force and effect. A. The Surety hereby waives notice of any alteration or extension of time made by the Owner. B. Whenever Contractor shall be, and is declared by Owner to be, in default under the Contract, the Owner having performed Owner's �B-1A-; default, or shall promptly: 1. 2. Complete the Contract, in accordance with its terms and conditions, or Obtain a bid or bids for submission to Owner for completing the Contract in accordance with its terms and conditions, and upon determination by Owner and Surety of the lowest responsible bidder, arrange for a contract between such bidder and Owner, and make available as work progresses (even though there should be a default or a succession of defaults under the Contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the Contract Price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the Contract Price", as used in this paragraph, shall mean the total amount payable by Owner to Contractor under the Contract and any amendments thereto, less the amount properly paid by Owner to Contractor. C. The Contractor and his Surety shall, in accordance with the provisions of Section 391 of the Code of Iowa be obligated to keep the improvements covered by this bond in good repair for a period of from the date of acceptance of five years the improvements by the Owner. D. Any suit under this bond must be instituted before the expiration of years from the date on which final payment under tM years the Contract falls due. PB -2 IPB-1B IT IS A FURTHER CONDITION OF THIS OBLIGATION that the principal and Surety shall, in accordance with provisions of Chapter 573 of the Code of Iowa, pay to all persons, firms or corporations having con- tracts directly with the principal or with subcontractors all just claims due them for labor performed or materials furnished in the performance of the contract on account of which this bond is given. The provisions of Chapter 573, Code of Iowa, are a part of this bond to the same extent as if they were expressly set out herein. SIGNED AND SEALED THIS DAY OF A.D., 19 74 IN THE PRESENCE OF: Witness METRO PAVERS, INC. (Principal) STATE SURETY COMPANY (Surety) Witness 1_ - PB -3 t This Power; of Attorney Lmtte the those named 'therein to` the bonds- and uncle s they have no su 7 Onty to bind the �gs specifically named therein, y except m the,manne� and to?the a:tenf, n stated. POWER OF :ATTORNEY STATE`. "RETY" COXIPANY Des Moines, Iowa KNOW ALL MEN BY THESE PRESENTS: That State Surety Company, a Corporation organized and existing under the laws of the State of Iowa, by Vice President .in pursuance of authority y Title Y gtanted by Section 1, Article II of its B Laws to wit: "The Chairman of the Board, the President, any Vice -President or any Assistant Vice -President, the Secretary or any Assistant Secretary or the Treasurer shall -have authority to issue bonds, policies or undertakings in the name of the Company. The Chairman of the Board, the President or any Vice -President, or any Assistant Vice -President, in conjunction with the Secretary or any Assistant Secretary may appoint attorneys -in -fact or agents with authority as defined or limited in the instrument evi- dencing the appointment in each case, for and on behalf of the Company to execute and deliver and to affix the seal of the Company to bonds, undertakings,recognizinces, and suretyship obligations of all kinds; and said officers may remove any such attorney-in-fact or agent and revoke any power of attorney granted to such person." does hereby nominate, constitute and appoint C. B. Condon or G. A. La Mair, II or C. J. Grant, Jr. or James F. Norris or James E. Thompson of Des Moines,Iowa its true and lawful agent and Attorney in Fact, to make, execute, seal and deliver, for, and on its behalf as Surety, and as its act and deed: Any and all bonds or undertakings And the execution of such bonds or undertakings in pursuance of thesepresents, shall be as binding upon said Company, as fully and amply, to all intents and purposes, as if such bond had been duly executed and acknowledged by one of the regularly elected officers of the Company in their own proper person. This Power of Attorney or any certificate thereof may be signed and sealed by facsimile under and by the authority granted by Section 1, Article II, Paragraph 3 of its By -Laws to wit: "The signature of any authorized officer and the seal of the Company may be affixed by facsimile to any power of attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligation of the Company; and such signature and seal when so used shall have the same force and effect as though manually affixed." It is certified by the officers signing that the foregoing is a true copy of Section I, Article II of the By -Laws of said Company, duly adopted and recorded, and is now in force. IN WITNESS WHEREOF, we have hereunto subscribed our names and affixed the corporate seal of the said State Surety Company this-4-th—day of January 19_72 n STATE SURETY COMPANY Assistant Sec Cary State of Iowa Polk as. County of 1 ,J • osan = By, � T. .� On January 4, 197 1 2 before me, a notary public in and for said County, personally appeared Pi J. Lonc, personally known who being by me dulysworn, did say that he is _Vice President Company, of Des Moines, Iowa, created, organized and existing under and by virtue of the laws of the of State Iowa;that the attached instrument was signed and sealed' on behalf of State Surety Company by authority of its Board of Directors and the said I•t_ ,7_ i.onQ - acknowledged the execution of said instrument to be the voluntary act and deed of State Surety Company by it executed. IN WITNESS WHEREOF, I ;have hereunto subscribed by name and affixed m icial seal ar Des 11 Ines Zowa the day and year last above written. My commission expires_ly 4 1972 10W^ Notary Public Charles L. Hollingsworth CERTIFICATE The undersigned,e an A istaIlt Secretary effect. uof State Surety Company, does hereby certify that the above and foregoing is a trueand correct copy of a Power of Attorney executed by said State gill Company, which is sti11 in force and In Testimony Whereof, I have hereunto subscribed my name and affixed the corporate seal of the said Company, this --day of 19 2588 (Rev. 1/70) Assistant Secreta' RESOLUTION: NO. 7-- .RESO1,JJTIoAPPROVING CONTRACT AND BOND - 1974 Sanitar Sewer Improvement Project 71-1 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IO[dA: That the contract and bond executed by Lincoln Development Corporation of Marshalltown, Iowa dated February 19 19 74 > for the construction of 1974 Sanitary Sewer Improvement Project_1, Burlington and Linn Streets within the City of Iowa City, Iowa, as described in the plans and specifications and which have been signed by the Mayor and City Clerk on behalf of the City of Iowa City, Iowa, be and the same are hereby approved. It was moved by White and seconded by Brandt that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Brandt X �� Davidsen �- �Z�necki �_ �*.._ deProsse _X White __X_ Passed and approved this 19th day of February 19 74 ti Mayor ATTEST _ C% City Cler THIS AGREEMENT, made and entered into this 19th day o February a 19 74 , by and between the L- itv of 1o'r:a CitV. Iowa party of the first part, hereinafter referred to as the 0%•mer and I i rrnl n naval nmmnn+ ri,v, ,,,+; party o-= 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 7th day of December 19 73 , for the 1974 Sanitary Sevier Impr over.:ert Project 71T u -der the terms and conditions therein fully stated and set forth, i";ereas, said plans, specifications and proposal accurately, Mrd fully describe the terns and conditions upon which the Contractor iS w4lir_7 to perform the work specified: N'01'72 THEREFORE, IT IS AGREED: 1. That the O.,mer hereby'accepts the proposal of the Contractor =or the work and for the sums listed below: C-01 ESTIMATED UNIT EXTEi 1,ED T=M DESC rIPTIO�; UNIT UANTITY PRICE AMOU!,;T 1. 15" VCP Sanitary Sewer lin ft 10 $30.00 $ 300,00 2. 12" VCP Sanitary Sewer lin ft 20 25.00 500,00 3. i0" VCP Sanitary Sewer - lin r"t 50 20.00 1,000,00 =:. 8"VCP Sanitary Sewer lin ft 870 8.00 61960,00 5. 4" VCP Sanitary Sewer lin ft 522 7.00 ;;1654100 6. Standard Manhole Depth lin ft 94.2 45.00 4,239,00 7. Manhole Rings & Covers each 10 70.00 700,00 3. Remove Existing Manholes each 10 300.00 " ^^ 3,UVC.riJ 9 Sand Backfill cu yds 1,175 4.00 4,700,00 10. Rolled Stone Base (6" Depth) sq yds 796 2.00 1,592.00 11. Asphalt Matt (2" Mat) tons 88 30.00 2,640.00 l2. San. Sewer Service Connection each 17 75.00 1,275,00 13. San. Sewer Service Tap each 2 250.00 500.00 TOTAL EXTENDED AMOUNT $31,C6C.OG Unit Adjustment Prices: to adjust total contract amount for unforeseen conditions: 7"-3" Crushed Rock Bedding ton Adjustment Unit Price $ 8.50 C-01 b. Detailed Specifications for the 197 • Sanitary Selerer IPiprove,,ent Project 7#1 c. Plans ,Notice of Public Nearing and Notice to Bidders e. Instructions to Bidders i. 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. —ha-- payments are to be made to the Contractor in accordance With and subject to the provisions embodied in the documents ade a part of this Contract. '. 7haz this Contract is executed in three (3) copies. IN iSIT\ESS WHEREOF, the parties hereto have hereunto set their :ands and seals the date first written above. City ot-1pola City�IovIa L J Mayor Conta to _(Seal) By z (Title) ATTEST: (Title) C-02 oln Deveiormc,--=t `_ MM �Mq ompany RI •; Insurance comoa:ly of Mort:: ti-mrica f ece inaer the aga Rt a e UrettJ as Surety, hereinafter called the Surety, are held and firmly bound onto the City of Iowa City, Iowo,.as obligee, hereinafter called the Owner, in the amount of Thirty One.Thousand Sixty and no/100ths. Dollar& ($ 31,Q60.00- ) for 2.:e payment whoroof Contractor and Surety'bind themselves, their heirs, executors, administrators, successors and assigns,,jointly and severally, firmly by these presents. WHEREAS, Contractor has by written dated February 19 19 74 entered into a Contract with Owner for ..._ 1974 Sanitary Sewer Project No.- 1,__'Bur1ington and Linn Streets. In accordance with drawings and specifications prepared by the City of Iowa City, which Contract is by reference made a part hereof,'and is hereinafter referred to as the Contract. NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION are such that, if Contractor shall promptly and faithfully perform said Contract, then the obligation of this bond shall be null and void; otherwise it shall reMain in full force and effect. A. The Surety hereby waives notice of any -iteration o: extension of time made by the Owner. B.' Whenever Contractor shall be, -and is declared by Owner to ba, in default under the Contract, the Owner having performed Owner's PB -1 and upon determination by Ow.:er and Surety of the lowest responsible bidder, arrange for a contract between such bidder and Owner, and ;cake available as work progresses (oven.though there should be a default or a succession of defaults under the Contract or contacts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the Contract Price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the Contract Price", as used in this paragraph, shall mean the total amount payable by Owner to Contractor under the Contract and any amendments thereto, less the amount properly paid by Owner to Contractor. C. The Contractor and his Surety shall, in accordance with the provisions of Section 391 of the Code of Iowa be obligated to keep the improvements covered by this bond in good repair for a period of TWO_(Z years from the date of•acceptance of the improvements by the Owner. D. Any suit under this bond must be instituted before the expiration of two (2) years from the date on which final payment under the Contract falls due: P3-2 I1' IS A FURTHER CONDITION OF THIS OBLIGATION that the principal a, -.d Surety shall, in accordance with provisions of Chapter S73 of the Code of Iowa, pay to all persons, firms or corporations having con- tracts directly with the principal or with subcontractors all just claims due them for labor performed or m"-teriais furnished in the performnance of the contract on account of which this bond is given. The provisions of Chapter 573;.•Code of Iowa, aro a part of this bond. to the same extent as if they were expressly set out horein. SIGNED AND SEALED THIS DAY OF A.D. , 19. IN THE PRESENCE OF: Lincoln Dove ant corporation tie I :ruranco co;z?any of \ort:: lm arica (Surety _ Atte.-aQy-.n-: St Iowa 1ZQQidoa: .i,-Qnz COMPANY OF NORTH AMERICA roll.:u►F;f.Pn►a. Pa. knoW all men by t6t%e prtilientst: That the INSURANCE COMPANY OF NORTH AMERICA, a corporation of the Commonwealth of Pennsylvania, having its principal office in the City of Philadelphia, Pennsylvania; pursuant to .the following Resolution, which was adopted by the Board of Directors of the said Company on June 9, 1953, to wit: "RESOLVED, pursuant to Articles :3.6 and 5.1 of the By -Laws, that the following Rules shall govern the execution for the Company of bonds, undertakings, recognizances, contracts and other writings in the nature thereof: (1) "Such writings shall be signed by the President, a Vice President, an Assistant Vice President, a Resident Vice President or an Attorney -in -Fact. (2) "Unless signed by an Attorney -i» -Fact. such writings shall have the seal of the Co7npa ny affixed thereto, duly attested by the Secretary, an Assistant Secretary or a Resident Assistant Secretary. when such writings are signed by an Attorney -in -Fact, he shall either affix an impression of the Company's seal or use some other generally accepted method of indicating use of a seal (as by -writing the word "Seal" or the letters "L.S." after his signature). (3) "Resident Vice Presidents, Resident Assistant Secretaries and Attorneys -in -Fact may be appointed by the President or .any Vice President, with such limits on their authority to bind the Company as the appointing officer may see fit to impose. (4) "Such Resident Officers and Atturneys-in-Fact shall have authority to act as aforesaid, whether or not the President, the Secretary, or both, he absent or incapacitated: and shall also have authority to certify or verify copies of this Resolu- tion, the By -Laws -of the Company, and any affidavit or record of the Company necessary to the discharge of their duties. (5) "Any such writing executed in accordance with these Rules shall be as hinding upon the Company in any case as though signed by the President and attested by the Secretary. does hereby nominate, constitute and appoint M. L. HOLMES, RAY MURPHY, JR., H. S. BARROWS, ROBERT A. DEE, ROY L..HEGGEN,-DANIEL J. GRIMM, R. J. NOYCE, ROBERT J. McCAULEY, C. J. SMITH and WAYNE 0. DAILEY, all of the City of Des Moines, State of Iowa its true and lawful agent and attorney -in-fact, to make, execute, seal and deliver for and on its behalf, and as its act and deed any and all bonds and undertakings in its business of guaranteeing the fidelity of persons holding places of public or private trust, and in the performance of contracts other than insurance policies, and executing and guaranteeing bonds or other undertakings, required or permitted' in all actions or proceedings or by law required or permitted. All such bonds and undertakings as aforesaid to be signed for the Company and the Seal of the Company attached thereto by any one of the said M. L. Holmes, Ray Murphy, Jr., H. S. Barrows, Robert A. Dee, Roy L. Heggen, Daniel J. Grimm, R. J. Noyce, Robert J. McCauley, C. J. Smith or Wayne 0. Dailey, individually. And *the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Company, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the Company at its office in Philadelphia, Com- monwealth of Pennsylvania, in their ownproperpersons. IN WITNESS WHEREOF, the said ..... ............._..........._..H UGH._ M. SINCLAIR.._..._..___. Vice -.President, .. . has hereunto subscribed his name and affixed the corporate seal of the said INSURANCE COMPANY OF NORTH AMERICA this .................................16th......................... ...........:........:...clay of....................June............ .... ......... 19..x.... INSURANCE COMPANY OF NORTH AMERICA HUGH M. _SINCLAIR ............. .. _ .. _....._.......__ (SEAL) by " "" " " "" Vice -President STATE OF PENNSYLVANIA ss. COUNTY OF PHILADELPHIA y June A. D. 19 .... ., before the subscriber, a Notary On this..........................__lb.th.___..._:_._.__da of_...._.........._......__..._.........._._._........_ Public of the Commonwealth of Pennsylvania, in and for the County of Philadelphia, duly commissioned and qualified, came ..... .___^THUGH M..... SINCLAIR _._........._.:.._. ............... _.... .._, Vice -President of the INSURANCE COMPANY OF NORTH AMERICA to me personally known to be the individual and officer described in, and who executed the preceding instrument,, and he acknowledged the execution of the same, and, being by me duly sworn, deposeth and saith, that he is the officer of the Company aforesaid, and that the seal affixed to the preceding instrument is the corporate seal of said Company, and the said corporate seal and his signature as officer were duly affixed and subscribed to the said instru- ment by the authority and direction of the said corporation, and that Resolution, adopted by the Board of Directors of said Company, referred to in the preceding instrument, is now in force. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal at the City of Philadelphia, the day and year first above written. -......._.... .............. ........ $._...134�IL '. .....__....__...__ Notary Public. res May 22nd, 1972 Assistant Secretary of INSURANCE COMPANY OF NORTH AMERICA, do hereby certify that TORNEY, of which the foregoing is a full, true and correct copy, is in full force and effect. have hereunto subscribed my name as Assistant Secretary, and ane corporate seal of _... __ _ _..__.day of.... _ ............ ..... .......... ./- _....... .... ....... .... a PRINTCD IN u > w i — 3 . Z} ...... SB -1 B -......._.... .............. ........ $._...134�IL '. .....__....__...__ Notary Public. res May 22nd, 1972 Assistant Secretary of INSURANCE COMPANY OF NORTH AMERICA, do hereby certify that TORNEY, of which the foregoing is a full, true and correct copy, is in full force and effect. have hereunto subscribed my name as Assistant Secretary, and ane corporate seal of _... __ _ _..__.day of.... _ ............ ..... .......... ./- _....... .... ....... .... a PRINTCD IN u > w That the bid of Winebrenner-Dreusicke of Iowa City, Iowa in the amount of $ 17,345.39 , for the purchase of One (1) New and Unused 47,000 lb GVW Tandem Truck Chassis for Refuse Division described in the specifications heretofore adopted by this Council on January 8 , 19 74 , be and is hereby accepted, the same being the I - bid received for said work. The Finance Director is hereby directed to execute a purchase order with the said Winebrenner-Dreusicke for said equipment . of Iowa City, Iowa It was moved by deProsse and seconded by White the resolution as read be adopted, and upon roll call there were: Brandt Czarnecki Davidsen deProsse White AYES: NAYS: ABSENT: X X X X X Passed and approved this 19th day of Februar Ma 1 - ATTEST: /u/ t City Clerk that , 19 74 I NOTICE TO BIDDERS I Z bids ;:ill be received by the City of Io4:a City, Ioxa,- t: __Cctor of Finance in the Civic Center Lint:l 1 E N IU GI CIGC': Daylight Saving lime , Thursday on t'- C: 14-;r. — ai'Y19 T4 to be opened by ,:hi. City M�: » tOr fu. li5hi]ig and delivering the 4C01104!41, ,C'CuiC _n >T)'C1fication S nolo on file in the Office of the Cy u v; -.e (1) New and Unused 47,000 lb. GV+if rands,, Tru �Cijc-Ss G s ec^_fi Caticns and proposal fo=s a.ay OE of t .^. Administrative Engineer, Department of Public _:ds Snail be led forms furnished by -the l.ity Of i - _ filed o; one C a%G J'.-4-ly marked ""Ids for 47,000 1b. CV14 Tandem Truck C:'ic,ssi5' . =C.; 'Did must be aCCOi^.-Oanied, in a sep.^__ ate envelop.-, by ;.. C.3 .....,_ C: i... on an Iowa bank made payable to the 1""'P•C?'"'^' -r _ h i f 4 „- _.,-ou,c_ of C c_i.y G_ - _G': in the slim Of not less than five (5) Percent Of the seg =ty zhat the bidder will enter into contract withhc; Ci`v 32 _..:: £.. Said caeca shall not contain any Conditions 8'_-i.11dr i:i 1C T ...:forsemert thereon. The envelope must be addressed to dG"_sed with the name Of the bidder and :aa:e ref=encc t0 tho c:0u=i7:f.:i_.- .. b=d. In the evert that the successful bidder s::ould -io f."_nisi_ bond acceptable to the City Council as required by be forfeited LO the Cit% Of 04:a City; _Gh'a, a-- ._1C C. Q:=.".:�." �'-d5 y be withiTcwn at --Y time prior to ,:!lc but no bid may be withdrawn for a period of Com_ .. _ �.:._ .. »_rLer. -- .<aaer's cr.eca of the '.':nsllcCl;S5fta birders :kill G,� ,. --: -___cC .. _ �_ys after award of contract. The Check Of the sucC',-',_-s_Z = cd after execution Of the CGnzract _. the f0_^1 7CJS =J C y •.Or the unit 41:11 ID O made within thirty (JO) days _=:y Council. v_ 'J Or lo -....,a reserves the to waive ai y i=_- It would be in the best interest of the City, and to rojcC_ . Ci'iY 07 iCi"... CITY, _C:i va. la(�1\1 a. V.. AYCII\L WE 1, vav lilH lil rua 1 New & Unused`24,OOO GVW Truck Chassis With Articulated Hydraulic Crane and Flat Bed BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: That the bid of Cline Equipment in the amount of $ 16,300.00 of Iowa City', Iowa , for the purchase of One (1) New and Unused 24,000 GVW Truck Chassis with Articulated Hydraulic Crane and Flat Bed. Trade in of one 1967 Chevrolet CS -3 Flat Bed Truck, City Equipment No. 251 described in the specifications.heretofore adopted by this Council on January 8 , 19 74 , be and is hereby accepted, the same being the bid received for said work. The Finance Director is hereby directed to execute a purchase order with the said Cline Eouipment I of Iowa City, Iowa for said equipment It was moved by White and seconded by deProsse that the resolution as read be adopted, and upon roll call there were: Brandt Czarnecki Davidsen deProsse White Passed and approved this 19th AYES: NAYS: X _ X_ —X X_ day of Ma ATTEST: C�l�jt��_ ;:�c�L�-�J City Clerk February ABSENT: 19 74 Mics 1P__1 c raceived Ly t e City of Iol?a City IG:.a = ., J •Glut Gt Tziaance ii: t e Clvic Center un ti i ter. (10} - '`'`•. _ _ . _ D ' i lit SairingTiMe Thursday on. tha 197A, , LC be opened by the Cit,/ c. �' Jr 5 7iitC and 'the f"0110:V1i:C I;OiL.. h.1c::1 _ - y 3�..___CaZ G s now One in the J -five c- .i;Ze C1ij C:c: Jused anC Un 24> Truck Chassis "d Crane and Fiat Bed. T-rcde-ir. of on -' _ y _at Bed- :luck, C�,y LGU1pPenz �G. � �c�i ?•/,M� .,_ <cS v_ hL: s'Oec_-=- cs t ions � 41 proposal y..,,_... P L v_:_i may be CbLc_.cQL_ G_ e Ad-min-4strative Engineer, Departuert of Public i o� -I_ °- led sled �t.u1? be .i or, iO=PiS=Ur:'.1 � by the•, •• - Clty Of IG,...•u Jiminly arke" "Bids for 24,000 GV14 ruck C}•:assis L•:- _ . - - - Bed". ;th c� ----- - b be accompaI"aed, in a separate enveiope, by a- :: bank mode pay: isle to the Treasurer � ,.h„ S..:.. O_ not .855 than TlvB (5).. pG--rCC-Ili. of t::G' --..___j =hat t.i3 bidder Fiiil enter iri`-O Cvntr,^_Ci: tdi_- t t V 0 a. Jaid C.^.ec,: shall rot Contain any conditions eit..er J:-,- o"orse; leIlt thereon. envelope the The 8n pe :i:'�gi.. �'ic. addressiC tG - :?i-th e the _ _ bidder and ;-:�:;e refere.:c:; to c -• .-IIe event rl-at the success_:I bidder should .. l O - - . _ Don' acceptabie to the Nzy Council as r'-,CL'i_edl by la/!, 10r.e..-,:ed to the City Of rola City iOlt'a a '__ 'iC- _ . > > S - _e_7 d2_... be- wit :drawn at any time prior to the schedulec c_GS1 - Oi _GS, but no bid may be withdra-•rn for a eriod O thir-cy C_-S:ier S CheC{S of -ham unsuccessful bidders •r?11l after award of contract. The check of t_e Su;C,c� es_s.=.-f._u'..: J 's .. --et-La-7- -- execution Of the contract in the for:il 'JrGSC=_ vd .:j' i...•_ __ °a, ._nt for the unit will be madam � within _bitty (30) days a_�cr Council. C.L_v of Iol;a City reserves the right to waive any ir.' moo; i!t would be the: _a r' ` ou' in best interest of the City, and to r; 4ac" CITY Or I0111.4 CITY, IOL". vyo { dt`, Il' ,,1, That Two (2) New and Unused 25 Cubic Yard Capacity Rear -Loading Refuse Collection Units. Trade in of two (2) 20 cubic yard Heil Mark III Rear -Loading Refuse Collection Units with 1970 International Roadster Co. CO 1700 truck chassis City equip. # 798 and 799. , BE IT FURTHER RESOLVED that the specifications, as prepared by Jim Brachtel, Administrative Engineer of Department of Public Works and the form of contract and Notice to Bidders, as prepared by the City Attorney, be and the same are hereby approved; and are hereby ordered placed on file in the office of the City Clerk for public inspection. BE IT FURTHER RESOLVED that the amount of the check to accompany each bid shall be equal to five (5) per cent of the bid of each bidder. BE IT FURTHER RESOLVED, that the City Clerk is hereby directed to advertise for bids on said equipment bids to be received by the City of Iowa City, Iowa, at the office of the City Clerk in the Civic Center until 10:00 o'clock- of March and opened then, and thereupon referred ntohthe City y Council for action upon said bids at a meeting to be held at the Council Chambers, Civic Center, Iowa City, Iowa, on the 2nd day of April 1974, Notice to Bidders is to be published once each week for two consecutive weeks in the Iowa City Press Citizen, a legal newspaper, printed wholly in the English language, the first publication to be not less than fifteen clear days prior to the date fixed for said letting. deProsse It was moved by White secoResolution as read be adopted, and upon roll ncall ded btherre�wwere: the AYES: NAYS: ABSENT: X X Brandt �XIffAiM Davidsen X Czarnecki X NUMM" deProsse White Passed and approved this 19th day of — ATTEST:iLilvlru City Clerk- i Februa 19 74. nCOVJ,U11VN NV. -s- VV RESOLUTION ACCEPTING THE WORK 1973 SANITARY SEWER REPAIR PROJECT WHEREAS,thc EngineeringDepartment °has recommended that the im- provement covering the construction of 1973 Sanitary Sewer Repair Prnj plrt as_included_in a contract between the City of Iowa City and Pennetryn System, _Inc. of Rockford, Illinois dated January 8, 1974 be accepted, AND WHEREAS, the Council finds the improvement is in place and does comply with the requirements for such improvements, AND 1.7HF.REAS,maint-enance 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 White and seconded by Brandt that the resolution as read be adopted, and upon roll call there were: Brandt �- . .•.•., ,,-4 41Z Czarnecki AYES: NAYS: ABSENT: X X X deProsse AMUROWBab X White X Passed and approved this 19th ATTEST: -- day of February , 19 74 ENGINEER'S REPORT 1973 SANITARY SEWER REPAIR PROJECT February 19, 1974 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 the Pennetryn Systems, Inc., of Rockford, Illinois, dated January 8, 1974, 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 UNIT UANTITY PRICE 1. Furnish the joint grouting service on a total assumption of all work, duties, equipment supply, labor and materials arrangement and handling 1,987 lin ft 2. 3. GRB/mjc AM -9 Grouting Compound Additional set-up Charge 374 lbs. 2 each $ 2.98 0.01 100.00 TOTAL CONTRACT AMOUNT TOTAL DUE CONTRACTOR Respectfully submitted, George R. Bonnett, P.E. City Engineer AMOUNT $ 5,921.26 3.74 200.00 $ 6,125.00 6,125.00 �vr:tirlol CION 'MAKING NU. 74— - TTAFF-'TRTMMTATl-=CFR�)T/'+n+C BE IT RESOLVED BY THE CITY COUNCIL OF -THE CITY OF IOWA CITY, IOWA: That the bid of -rmp RrPcden - Of RrpprlpnS TrPP SP ryi rp in the amount of $ 9�820.fi0 . for the Trimming of L96 street trees within the City of Iowa City, Iowa, described in the plans and specifications heretofore adopted by this Council on 19th. day of Febriiary, lg 71! be and is hereby accepted, the flame being the lowest responsible bid received for said work. The Mayor and City Clerk are hereby directed to execute a contract with the said ;gavne Prppden � of Preedens 'Free Service forStreetTree Trimming= $9j83 0,80 said contract not to be binding on the City until approved by this Council. It was moved by Brandt and seconded by deP rosse that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Brandt Davidsen Czarnecki deProsse White X X X X X Passed and approved this - 19th day of_ February 19 74 . ATTEST: .■ 0 1 Sealed proposals will be received by the Director of Finance of the City of Iowa City, Iowa until 11:00 a.m. on the 11th day of February, 1974 for the trimming of certain trees on public property and work incidental thereto as described in the plans and specifications therefor now on file in the Office of the Director of Finance, and will be opened at a public meeting presided over by the Director of Finance to be held at 11:00 a.m-., Civic Center, Iowa City, Iowa, at the time and date last mentioned. Proposals will be acted upon by the City Council at -a regular meeting to be held at the Council Chambers, Civic Center, Iowa City, Iowa on the 19th day of February, 1974 at 7:30 p.m., or as such later time and place as may then be fixed. The proposed job will consist of the trimming of approximately 600 trees and all work incidental thereto, as enumerated on the list attached hereto, including the provision of all necessary labor, machines, tools, apparatus and other means required to perform the work called for in the Contract Documents in the manner prescribed therein, and in accordance with the requirements of the City Forester or her representative under her. Copies of the specifications, proposal, contract forms, may be obtained at the Office of the Director of Finance. All bids shall be filed on forms furnished by the City of Iowa City, Iowa, sealed and plainly marked "Street Tree Trimming". Each bid must be accompanied, in a separate envelope, by a certified check drawn on an Iowa.bank made payable to the Treasurer of the City of Iowa City, Iowa, in the sum of not less than five (5) percent of the amount of the base bid as security that the bidder will enter into contract with the City of Iowa City, Iowa. Said check shall not contain any conditions eLther in the body of the check or endorsement thereon. The envelope must be addressed to the Director of Financeandbe endorsed with the name of the bidder and make reference to the services being bid. In the event that the successful bidder should fail to enter into contract or furnish bond acceptable to the City Council as required by law, said check shall be forfeited to the City of Iowa City, Iowa, as liquidated damages. Bids may be withdrawn at any time prior to the scheduled closing time for receipt of bids, but no bid may be withdrawn for a period of thirty (30) calendar days thereafter. The certified checks of all bidders, except the two low bidders, will be returned as soon as possible after the bids have been recorded. The retained checks will be returned promptly after the contract has been signed and the bond filed. 0 Attest CITY OF IOWA CITY, IOWA by and between the CITY OF IOWA CITY, party of the first part, hereinafter referred to as the City and r cV l nib r, party of the second part, hereinafter referred to as the Contractor. WITNESSETH THAT WHEREAS, the City has heretofore caused to be prepared certain lists, specifications, and proposal blanks, dated and filed the _ Z2-_ day of under the terms and conditions therein fully stated and set forth, and WHEREAS, said lists, specifications, and proposal accurately and fully describe the terms and conditions upon which the Contractor is willing to perform work specified. NOW, THEREFORE, IT IS AGREED: 1. That the City hereby accepts the proposal of the contractor for the work and for the -sums "" listed below: S' 2.'1 '..t �:\n .Y. 7Y.,.. .. i'!}- C11•+.i.n Yom- _na .c � •. .�.�.��.. �....� a. Specifications, including: (1) Notice to Bidders (2) General Specifications (3) Lists b. Contractor's Proposal c. This Instrument 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 quadruplicate. ATTEST: {� Title Cly rte, CL i ATTEST: CITY OF IOWA By / Title iv,.. , IONA CONTRACT01 By That Two (2) New and Unused 46,000 lb. GVW Tandem Truck Chassis BE IT FURTHER RESOLVED that the specifications, as prepared by Jim Brachtel, AdministrativeEngineer Of Department of Public Works and the form of contract and Notice to Bidders, as prepared by the City Attorney, be and the same are hereby approved; and are hereby ordered placed on file in the office of the City Clerk for public inspection. BE IT FURTHER RESOLVED that the amount of the check to accompany each bid shall be equal to five (5) per cent of the bid of each bidder. BE IT FURTHER RESOLVED, that the City Clerk is hereby directed to advertise for bide on said equipment bids to be received by the City of Iowa City, Iowa, at the office of the City Clerk in the Civic Center until 10:00 O'clock a.m. on the 28th day of March '74and opened then, and thereupon referred to the City Council for action upon said bids at a meeting to be held at the Council Chambers, Civic Center, Iowa City, Iowa,"on the 2nd day of April 1974, Notice to Bidders is to be published once each week for two consecutive weeks in the Iowa City Press Citizen, a legal newspaper, printed wholly in the English language, the first publication to be not less than fifteen clear days prior to the date fixed for said letting. deProsse It was moved by White and seconded by moi{ that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: — X Brandt X,: XX XVAM Davidsen — X Czarnecki X iKKKAMN deProsse X White Passed and approved this 19th day of February , 197A ATTEST: - &64 -LL - City Clerk dl WHEREAS The City of Iowa City, Iowa, has established a sanitary landfill pursuant to State law and said landfill has been approved by all agencies of the State of Iowa whose approval is required, and WHEREAS The City of Iowa City has negotiated contracts for the use of said landfill by other municipalities a copy of said proposed agreement being on file with the City Clerk, and WHEREAS The City Council deems it in the public interest to enter into said contract. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA I. That the_Mayor and City Clerk are hereby authorized and directed to execute sanitary landfill contracts with the following: A. Kalona, Iowa 2. The City Clerk is hereby authorized'` and directed to certify copies of said agreement as required by law. It was moved by deProsse and seconded by Davidsen that the Resolu- tion as read be adopted and upon roll call there were: AYES: NAYS ABSENT: X Brandt X U"if8jcg Davidsen X Czarnecki X BYaksu[en deProsse X White 1974 Passed and adopted this 19th day of February , 1913, ATTEST: City Clerk A G R E E M E N T THIS AGREEMENT, entered into by and between the City of Iowa City, Iowa, a Municipal Corporation, hereinafter called Iowa City and Cal nn-_ . Towa•.- a muni clDpl_onrporati on hereinafter called Kalona , WHEREAS, Iowa City is the owner and operator of a sani- tary landfill designed for solid waste disposal; said landfill being located in Johnson County, Iowa; and WHEREAS, said sanitary landfill has received the approval for operation by the Commissioner of Public Health of the State of Iowa, as prescribed by.Chapter 406 of the Code of Iowa; and WHEREAS, Chapter 406 of the Code of Iowa further requires that every city, town and county of the State of Iowa shall pro- vide.for.a.sanitary disposal project for its residents, approved by the Commissioner of Public Health and further provides that said governmental entities may contract with another government entity for the use of its approved project; and WHEREAS, pursuant to Chapter 28E of the Code of Iowa and Section 406.3 of the Code of Iowa, Iowa City and Kalona wish to enter into an agreement that Katona may use the facilities of the Iowa City San- itary Landfill -or Sanitary Disposal Project. . NOW THEREFOR BE IT AGREED BY AND BETWEEN Iowa City and K lona as follows: 1. TERM.- That the term of this agreement shall be for a period of three years, commencing with the date of this agree- ment, unless terminated as provided herein. 2. TERMINATION BY IOWA CITY. That this agreement may be terminated by Iowa City by giving notice to Kalona in writing as prescribed in this agreement one (1) year in advance of the date of the proposed termination. 3.- TERMINATION BY KA7nnjA That this agree- ment may be terminated by _ Kalona by giving notice to Iowa City in writing as prescribed in this agreement ninty (90) days in advance of the date of the proposed termination. sion.agreement shall specify the period of the extension and the service rates or charges to be paid by Kqlnnq to Iowa City and may include such other terms and conditions as the parties agree to. 5. JURISDICTION AND OPERATION. The sanitary landfill or sanitary disposal project which is the subject matter of this contract shall be operated by Iowa City and shall be under its exclusive jurisdiction and control, subject to State and Federal regulations. Iowa City agrees to operate said sanitary landfill or sanitary disposal project as required by law and State and Federal regulation, but•in the event that a determination is made Pursuant to law or State or Federal regulation that said project is not being operated as required and a valid and legal order is entered, cancelling or rescinding the approval of the operation of said project, this agreement shall be automatically terminated and it is understood and agreed that Iowa City shall not be res- ponsible for any damages incurred by as a result of Iowa City being unable to operate said project because of the cancellation'or rescission of approval for the operation of the sanitary landfill or sanitary disposal project by Iowa City, 6. OPERATION COSTS AND FINANCING. Iowa City shall be res- ponsible for all costs incurred in the operation of said sanitary landfill or sanitary disposal project and the only costs to be incurred by are the rates or service charges enumerated in paragraph 7_ of this agreement. Iowa City shall be responsible for all financing involved in said operation and the entering intothisagreement in no way obligates Kalona as to financing and Kalona in no way is acting as guarantor nor pledges any of its credit or tax revenues or other revenues except to pay the rate or ser- vice charge enumerated herein. 7. RATES AND CHARGES. Ka�nn� shall pay to Iowa City a price per ton for solid waste delivered to the Iowa City Sanitary Landfill or Sanitary Disposal Project by co- mmercial haulers designated by xa��na as computed by the following formula: All charges shall be based upon an annual cost figure to be calculated by .Iowa City based upon the cost per ton of all solid waste delivered to the sanitary' landfill during the year. The total annual cost shall be divided by the number of tons fo solid waste delivered to the sanitary landfill. Total annual cost shall include the following: a) All personnel cost of individuals working at the site; b) All equipment operating costs at the site including fuel, maintenance, spare partsoand insurance and all other equipment costs and repairs; c) All operational costs of the site, including clean up and maintenance provided by any other dividion of the Public Works Department or other department of the City; d) Capitalized cost of equipment based upon a five year life and the capitalized costs of any capital improvements, in- cluding fences, buildings or other structures, including scales, etc.; e) Capital costs for initial excavation and future excava- tion at actual cost; f) Debt service costs on the retirement of General Obliga- tion Bonds sold to finance the project; and g) Administrative costs estimated for the City Manager, Finance Department, Public Works Department, Legal Department, and Planning Department, After establishment of the cost per ton on an annual basis, there shall be added a ten per cent (10;) surcharge. said sur- charge to compensate Iowa City for future landfill site expenses. The above rate shall be charged for all commercial, construc- tion or industrial haulers from Kalana as designated in writing. No commercial, construction or industrial hauler not designated in writing by a governmental agency shall be allowed to deposit solid waste at the sanitary landfill. Casual loads delivered by residents on a non-commercial basis may be delivered to the landfill without load charge, except that Iowa City reserves the option to institute such a charge if the facts at a later date warrant such a charge. All charges shall be apyable on a quarterly basis as billed, pursuant to Section 9 of this agreement. On the basis of an esti- mated cost. At the end of the year Iowa City shall calculate the actual cost and correction shall be made as to either a credit or additional billing. Estimated cost shall be for the first year period $2.35. Estimated cost after one year of operation shall be the actual cost for the preceeding year. 8. 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 Director of Public Works of Iowa City, at said Director's office in the Civic Center, Iowa City, Iowa, 52240. All notices required by this agreement to be made to Kalona shall be made by mailing, by ordinary mail, a letter to Mayor, Kalona, Iowa All notices shall be effective upon receipt by the addressee. Nothing contained in this paragraph shall prevent additional or other notice being given and giving notice which would ex- ceed the requirements of this paragraph but the requirements of this paragraph shall be the minimim requirements for notice under this agreement. 9. BILLINGS. Iowa City shall bill - Kalona on a quarterly basis as established by the Finance Department of Iowa City. Billing periods may be adjusted to a monthly basis or for other periods, but shall not be for a period less than one month. All billings shall be due and payable within thirty (30) days of the receipt of said bill. Failure to pay billings may be grounds for cancelling this agreement by Iowa City. It is under- stood.and agreed that these billings are charged to Kalona and not its designated haulers and Kalona is responsible for the payment thereof and failure of its haulers to pay Kalona does not relieve of its obligation hereunder. - 10; COMPLIANCE WITH LAW. Kalona shall be responsible to see that all designated haulers from Kalona shall comply with all applicable ordinances, statutes, regulations of any municipal, county, state or federal agency, or jurisdiction and if said haulers or a hauler from repeats any violations, this may be grounds for terminating this agreement or for refu- sing to allow a designated hauler to deliver to the Iowa City sanitary landfill or sanitary disposal project. 11. NOTICE TO COMMISSIONER. It is understood and agreed that this agreement is intended to be compliance by Kalona With the requirements placed upon _Kalona by Chapter 406 of the Code of Iowa, and the regu- lations of the Commissioner of Public Health and that a copy of this agreement will be filed with the Commissioner of Public Health and it is further agreed that in the event either party terminates this agreement that a copy of the notice of said termination shall be forwarded to the Office of the Commissioner of Public Health. 12. DEFAULT. In the event that either party to this agree - mens breaches any of the terms and conditions hereof, the other party may elect to declare this agreement to be in default and terminate same by giving ten (10) days notice thereof. If the party in default fails to correct its breach within the said ten da ' y period, the contract shall be automatically terminated. If the breach is corrected, the contract shall continue on its regular terms and conditions. 13. RECORDATION. This agreement shall be filed with the Secretary of the State of Iowa and the County Recorder of John- son County, Iowa. Dated this J % day of 19 .7 `/ CITY OF IOWA CITY CITY OF Q KALONA , IOWA BY: G BY_ NLaYOR�E.L zarne k ✓ ATTEST: CCLI� A e fus, it Clerk-' ATTEST ✓ C er K lona sS. On this A7 day of A.D. , 19-741, before mee, the undersigned, a Notary Public in and for said County, in said State, personally appeared R/CflIg/-' o ftor7s and A• A 744 its c ^' , to me personally known, who, being by me duly sworn, did say:that they are the Mayor and Ka lona City Clerk, respectively, of said City of ZD3ia=d} , executing the within and foregoing instrument; that said instrument was signed on behalf of the City of Iowa City by authority of its Board of Directors; and that the -said Mayor and City Clerk as such officers acknowledged the execution of said instrument to Kalona be the voluntary act and deed of the City of gxCA#&,y, by it and by them voluntarily executed. Notary Public, in and for the State of Iowa. LAHBEiW B. G8IMM .�- . � �COMNISSIOM '" SEPTEMBER30�19777 l r T.1 r Agreement On this �� day of C�% - A.D. , 19 %�, before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared L11�4/L o(�. and to me personally known, who, being by me duly sworn did say that they are the Mayor and City Clerk, respectively, of said City of Iowa City, executing the within and foregoing instrument; that said instrument was signed on behalf of the City of Iowa City by authority of its Board of Directors; and that the said Mayor and City Clerk as such officers acknowledged the execution of said instrument to - be the voluntary act and deed of the City of Iowa City, by it and by them voluntarily executed. Notary Public, in and for the State of Iowa. _ _ c�-'"'-rLCN- -...� �-G�-�-d�� •G!- _ L�W�-_r- .l J .7�, _ 7�c� �i'�-� Ci,1 d �...1 �v_. -. _ C�`Yl'�/i'�•`�19%� '� r� ..?r'��'�-L:: ���..� �' �Li%B Gf-G �LOi! (/!%0��,, 37; " ... �Vr��1-✓ ��G T - ��/-. iJf��,.+�.,�Ny,�Kf�w��.- rvi: f f�� n � �.I r �. ��..,: :�! ( 1 �� Q�C.I FL.A , _ ... _ _ . . _ �� : •`�i_-_ /l,� i� t til �^'V G.1 5 .��y'"�Kl.. .it--,� � � �-C._ �:.,�L�.. �'�ir.C/ '(iSjG... . __ I WHEREAS, the Ordinances of the City of Iowa City, Iowa, provide that the City Council may establish or remove stop signs at designated intersections in Iowa City, Iowa, by Resolu- tion, after determination that it is in the public interest to establish orremovesaid stop signs, and WHEREAS, the City Council of Iowa City, Iowa, has deter- mined that it is in the public interest to establish stop signs at the following intersections: Union Place and Bloomington Street WHEREAS, the City Council of Iowa City, Iowa, has deter- mined that it is in the public interest to remove stop signs at the following intersections: Union Place and Bloomington 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: Union Place and Bloomington Street - at the Southeast corner of the intersection, stopping northbound traffic as it enters Bloomington. B:) C) That the City Manager is hereby authorized and directed to have appropriate signs installed to effectuate the provisions of this Resolution. AYES: NAYS: ABSENT: X Brandt X %kk Davidsen X Czarnecki X X&k9OXQ41iM= deProsse X White Passed and approved this 19thd ay of February r 1974 ATTEST: (21�4, / City Clerk' RESOLUTION NO. 74-70 RESOLUTION ESTABLISHING FAIR MARKET VALUE FOR ACQUISITION OF CERTAIN URBAN RENEWAL PROPERTY WHEREAS, the City of Iowa City, acting as the Local Public Agency, hereafter 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 Number Iowa R-14, and, WHEREAS, in order to accomplish the goals and objectives of that urban renewal project and in furtherance of the public welfare, the LPA deems it necessary and in the public interest to acquire the property described below, either by purchase or by the exercise of the powers of eminent domain, and, WHEREAS, the LPA has received appraisals, staff reports and recommendations concerning the fair market value of certain property contained therein, and has reviewed the appraisals, and reports, and being familiar with the property identified below, desires to establish the fair market value of said property for the purposes of acquisition. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the prices and amounts opposite each parcel of land, and all interests therein, including improvements, build- ings, and fixtures, identified below, is hereby declared to be the fair market value for the purpose of acquisition of each said parcel and all other interests. The Staff of the LPA is hereby authorized to begin negotia- tions for the purchase of said property and the Mayor and City Clerk are authorized to contract for the purchase of said pro- perty. In the event negotiations for purchase are unsuccessful, the LPA Staff and the Urban Renewal Attorney are hereby author- ized to institute condemnation proceedings for the acquisition of said property. ■ This resolution certifies that the work of the appraisers and the review appraiser with respect to each property has been performed in a competent manner in accordance with applicable State Law, Public Law 91-6-46, and Department of Mousing and Urban Development policies and requirements. Parcel 93-18 REAL ESTATE Owner Irene Mae Edwards F.M.V. 22,000.00 It was moved by Brandt and seconded by White that the resolution as read be adopted, and upon roll call there were: Brandt Czarnecki E . - i... ..�►�► deprosse XiWWWV§M White AYES: NAYS: ABSENT: Passed and approved this 19th day of February I, C.L. Brandt, the duly elected, qualified, and acting Mayor of the City of Iowa City, herein called the "Local Public_ Agency," hereby certify that I have been authorized by Resolution No. 70-438, duly adopted by the City Council of the Local Public Agency at a -regular meeting on December 1, 19702 as set forth in the minute book on file at the office of the City Clerk, to make the following certification and that the statements contained herein are true and correct to the best of my knowledge and belief: 1. Each parcel, City -University Urban Renewal Area, Project No. Iowa R-14, listed in the attachment to this proclaimer certificate has been appraised by at least two qualified, independent, professional real estate appraisers and a written and signed copy of each such appraisal is con- tained in the Local Public Agency files. Z. Each such appraisal has been reviewed by E. Norman Bailey, a qualified review appraiser under contract to the Local Public Agency, and all corrections, revisions, or additions requested by such reviewer have been made by the original appraisers. 3. The reviewer has prepared a written report which indicates that the appraisals are complete and consistent in the factual data contained therein, comply with existing statutory and administrative requirements of the Depart- ment of Housing and Urban Development, and are acceptable for the determination of fair market value. 4. Based upon such appraisals and the review thereof, the Local Public Agency has established the fair market o each parcel listed herein and all documentation relatef d to such determination is contained in the Local Public Agency files. S. The latest budget amount allowable for real estate acqui- sition including amounts available in contingencies as approved.by-HUD on March 1, 1971 is not exceeded by the sum of the following: a. Cost of property previously acquired. b. Acquisition prices previously approved by HUD for properties not acquired. d. Fair market value_ determinations for properties included in the proclaimer being filed. e. The acquisition prices of the remaining properties to be acquired as those prices were estimated for the purpose of the above mentioned budget amount allowable for real estate acquisition. 6. This certificate is issued pursuant to and consistent with HUD Omaha Area Office letter 7.2 PTR(ET), dated April 271 1971, regarding use of the proclaimer system by the LPA. LISTING OF PARCELS TO BE ACQUIRED Any false statement made knowingly herein may subject the signer to civil penalties under Section 231 of Title 31 of the United States Code and, if such statements are made willfully and knowingly, to conviction for a felony under section 1001 of Title 18 of the United States Code. --� - A9- 17zl- ate Cit n w zli"D�l r o F4 - , 0 rt C cn cn ul o� C:) CD w C=) r+ -i +-h cD X •�o F' w C7 N to H w r+ ON N a z� N w a r+ o a �o -3 to -t ur z - CD u, C o r• N o (DIn G w ry C b r• U'l rn N CL U4 w a CD r+ . \ H CD � a LA N O y ON w r• 0 o N C:) G w C) p r, r+ N \ W N H o(D 4�- c� � N w pi N w o s o N oo G w rwr N r N r w r+ m r• x r+ G �o N 0 G N O O O n H r --3 F4 - (A rt C r• z o -t +-h Cn •�o -c o n :co N a z� N ;t7ya �zn r+ o a �o -3 to -t ur z - CD cn H ry C b r• ;v rn O CL CrJ n -•3 • • Block 93 Parcel 18 APPRAISAL REVIEW SUMMARY Property Identification 325 South Capitol Major tenant: Various residential Owner: Irene Mae Edwards Appraisals i A. $ 26,000.00 ) Used in staff recom- B. $ 2z, ) mendation of FMV C. $ 16,500.00 Recommendation ( 2/15/74 ) Staff recommends fair market value of $ 22,000.00 Date of Appraisal 1'()ta I Value Land Improvements 'Total R.E. Appraisal Leasehold Interest Fixtures I. $ 2. $ 3. $ 'Total Leased Fee 'Tota I Leasehold Interest Actual Rent Estimated Rent I Expenses Net Income Cap. Rate Value 'Today $ 26,000 $3.00 PSF $ 16,500 $ 9,500 $26,000 $ 0 $ 26,000 INCOME $ MARKET DATA @ 2320)SW @12735 PSF @12150 PSF 27,000 1,= 26,000 0 0 1.B-1-74 2.B-2-74 3.B-3-74 $ 22,000 $ 2.75 PSF $ 15,000 $ 7,000 $ 22,000 $ $ $ 22,000 $ $ 3,240 $ 1,079 $ 2,161 10 % $21,600 @16.27 PSF @ 1516 PSF @ 8. 18PSF 22,000 Reviewer Rodney R. Parsonlsate 2/15/74 A Comps. 1. #32-D 10% 2, #40 4S% 3, #41-A 45% $PSF less to furniture rounded Value $ 26,000 $3.00 PSF $ 16,500 $ 9,500 $26,000 $ 0 $ 26,000 INCOME $ MARKET DATA @ 2320)SW @12735 PSF @12150 PSF 27,000 1,= 26,000 0 0 1.B-1-74 2.B-2-74 3.B-3-74 $ 22,000 $ 2.75 PSF $ 15,000 $ 7,000 $ 22,000 $ $ $ 22,000 $ $ 3,240 $ 1,079 $ 2,161 10 % $21,600 @16.27 PSF @ 1516 PSF @ 8. 18PSF 22,000 Reviewer Rodney R. Parsonlsate 2/15/74 Lot Size: Sai,�e _liiY. use �,i,e ilii. 5,500 square feet Appraiser A IARCO Date %j Appraisal 5/30/73 Total Value Land Improvements 'notal R.E. Appraisal Leasehold Interest Fixtures 1. $ 2. $ 3. $ 'Total Lcascd Fec Total I.0aschold Interest Actual Rent Estimated Rent Expenses Net Income Cap. Rate Value Today A Comps. 1. #32-D 10% 2. #40 45% 3. #41-A 45% less to furniture$PSF rounded Value $ 26,000 $3.00 PSF $ 16,500 $ 9,500 $ 26,000 $ 0 $ 2,75 PSF $ 15.000 $ 7,000 $ 22,000 $ $ 26.000 $ 22,000 $ $ INCOME $ $ 3,240 $ $ 1,079 $ _ $ 2,161 % 10 % $ $21,600 MARKET DATA B @ 2320c 1. B-1-74 @12735 PSF 2. B-2-74 @12150 PSF 3. B-3-74 27,000 1�uu0- 26,000 @16.27 PSF- @15.16 SF@1516 PSP @ 8. 18PSF 22,000 Reviewer Rodney R, ParsonPate 2/15/74 ' _ �`�'� ....H1'^•'° nil_—'*wM1f c,T^' N - n�.-7717. T R... _ 1 FINANCE DOCTOR OF BUSINESS ADMINISTRATION February 14, 1974 mr. Rod :'arsons Real Estate Coordinator Urban Renewal Board Civic Center Iowa City, Iowa 52240 REAL ESTATE SENIOR REAL PROPERTY APPRAISER Dear Rod s As you requested,I have rereviewed the Edwards property appraisals using Waters new appraisal in place of his old one. The comparable sales data of 'Waters indicates that market values havd risen since his original appraisal in 1971. If one values the land at $3,000 per potential unit instead of $2,500 (as I did previously)one obtains a value of $219000. Additionally, the $3,600 gross rents, if valued at a GRM of 6 X becomes $3600 X 6 or $21,600. There- fore it appears that Waters estimate of $229000 is plausible.and I so recommend. ENB/vam Sincerel , z E. Norman Bailey /I