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HomeMy WebLinkAbout1973-01-16 ResolutionRESOLUTION ,NO. 73-14 RESOLUTION OF CONWENDATION WHEREAS, Mrs. 'Irene Shalla submitted her resignation from the service of the City of Iowa City effective January 15, 1973, and WHEREAS, the said Mrs. Shalla, as an employee of the Department of Finance, has given the City of,lowa-City -twenty -years of dedicated -- service, --from 1953 to 1973, and WHEREAS, the City Council wishes to commend the said Irene Shalla for said service. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA: I. That the City Council of Iowa City, Iowa hereby commends Irene Shalla for meritorious service in the administrative office of the City over the years 1953 to 1973. - - 2.That the City Council extends the gratitude of the City to the said Irene Shalla for her service.` -- 3. That the Mayor and City Clerk, are hereby authorized and directed to certify a copy of this Resolution to Mrs. Irene Shalla. - - It. -was, moved by Connell and seconded by C7.arnPnki that the Resolution be adopted, and upon roll call there were: AYES: NAYS: _ABSENT: ` X - -_ Brandt _ x - : Connell X Czarnecki X Hickerson - X White - ---� MAYOR ATTEST: CITY CLERK Passed and approved this 16 day of January, 1973. Mass c Beer & ...y...,. ...,... -- .-- --"-- proved for the following named person or persons at the following described location: RAB Incorporated dba/The Pub 330 E. Washington St. Said approval shall be subject to any conditions or restrictions here- afterimposed by ordinance or state law. "h e City Clerk shall cause a recommendation for approval to b 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. 12 was moved by Connell and seconded hy'aki Czrnec that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Brandt a' Connell x Czarnecki x Hickerson x White x Passed this 16 day of January 19 73 a RESOLUTION NO. 73-16 RESOLUTION AUTHORIZING EXECUTION OF EASEMENT WHEREAS, the City of Iowa City, Iowa, has negotiated an easement with the State of Iowa for the use and benefit of the University of Iowa, a copy of said easement 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 execute said easement and determines that said real estate is not needed for public purposes. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL. 1. That the Mayor and City Clerk are-herebyauthorized and directed; to execute:the,easement attached hereto; to the State ofi'Iowa'for the `use`and benefit,' of the University'of Iowa. 2.. That the City,Clerk shall.furnish copies.of said ease-. ment to the 'State 'of Iowa and any 'citizen requesting same. It was moved by'Connell 'and seconded by Czarnecki that the Resolution be adopted, and upon roll, call there were: AYES: NAYS: ABSENT: x Brandt x Connell X Czarnecki X Hickerson X White Passed and approved this 16 day of January, 1973. Matey rr ATTEST: City Clerk EASEMENT This agreement, made and entered into by and between the City of Iowa City of Johnson County, first party, and the State of .Iowa for the use and benefit of the, Universityof Iowa, second party, which expression shall include their agents_or assigns, witnesseth: It is hereby agreed as follows: For the sum of $1.00 plus other valuable consideration, the receipt of which is hereby'. acknowledged, first party hereby grants and conveys to - second party an easement for the purposes of excavating for and the instal- lation, replacement, maintenance and use of the existing underground electric duct bank, line, pipe, main, and conduit as second party has electedto use for conveying electricity with all necessary appliances and fittings for use in connection with said line, together with adequate protection therefore, and also a right of way,.with the right of ingress and egress thereto, including all the area located within five (5) fee as follows: t to 'either aide of the line described Beginning on the South right-of-way line of Davenport Street,'Original Town of Iowa City. -Iowa, at'a'point located .218.1 feet Westerly from the' -centerline of Capitol Street; thence Southerly 320 feet more or less to.a. point of intersection with the Northerly right-of=way line of Bloomington Street,'said point lying 219.6 feet Westerly from the centerline of said Capitol Street, the above'describ- ed centerline is intended to be the centerline of the existing electric duct bank. First party further grants to second party: - 1. The right of ingress to and egress from said strips .over and across said lands by means of roads and lanes -thereon, if such -there be; otherwise, by such route or routes ,as shall occasion the least practicable damage and inconvenience to first party; provided that such -right of Angress and egress shall not extend,,to any portion of said lands which is is from said strip by any public road or highway now crossing or hereafter crossing said lands; 2. The right to install, maintain and use gates in all fences which now cross or shall hereafter cross said strips; 3. The right to, mark the location of said .strips by Guitable markers not in the ground; provided that said markers shall be placed in fences or other locations which will not interfere with any reasonable use first party shall make of said strips. (a) Second party shall not fence said strip; (b) Second partyshallpromptly backfill any trench made by it on -said strip and repair any damage it-shall_do to first party's private roads or lanes on said lands. (c) Second party, shall indemnify first party against any loss and damage _which shall becaused by -the -exercise ofsaidingress and egress, construction, and 'mainten- ance or.by any wrongful or negligent act, omission of second party, or ofits'agents or employees in the course of their employment. First party reserves the right to use saidstripsfor purposes which will not interfere with second party's full enjoyment of the rights hereby granted. 4. Second party hereby agrees to adjust any structures to correspond with any construction work done by first party for its use. _ 2 Firs -t party does hereby_ covenant with second party that they are lawfully seized and possessed of the'real estate above described; that they have a good and lawful sight to conve or an Y, it Y Part thereof. The provisions hereof shall inure to the benefitof and bind the successors and assigns of the respective parties hereto,_Iand all covenants shall apply to and run with the land: Dated this* .. day of A.D. CITYY OF IOWA -CITY By: Mayor. Q ATTEST: City Clerk STATE OF IOWA ) )_ SS JOHNSON COU144TY ) i On this �2 da of�-Pf. _y , A.D. 197- Y � , before me, the undersigned, a Notary Pub'l'ic in and forr said County, in said State, personally appeared Clement C. Brandt and Abbie.Stolrus, to be personally "know, who, being by me duly -sworn, did say that they are the Mayor and City Clerk, respectively, of said corporation executing the within and foregoing instrument to which this is attached, that said- instrument was signed (and sealed) on behalf of corporation, said corporationy authority of its Council, and that the said Clement C. Brandt and Abbie Stol;�us as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed _ Notary Public_in and for Johnson County RESOLUTION NO. ,73-17 RESOLUTION ESTABLISHING TAPPING FEE FOR ARBOR DRIVE RELIEF SEWER WHEREAS, it is proposed that 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 be developed without exceeding, the capacity of the sanitary sewer.network.by the construction of the Arbor Driue Relief Sewer. WHEREAS it is given that not more than a total of 60 acres Of single family dwellings, or the equivalent as determined by the City Engineer, can be served either directly or indirectly by the'existing sanitary sewer network. NOW THEREFORE BE IT RESOLVED that a tapping fee lin the amount Of $150.00 per acres be established for the construction of the Arbor Drive Relief Sewer,, to be`paid to the City Clerk, by any person, firm or corporation desiring;to be served either directly or indirectly by the sewers located at the aforementioned locations. NOW THEREFORE BE IT RESOLVED that any person, firm or'cor- poration desiring to serve either directly or indirectly any parcel which exceeds the 55 acre aggregate at the aforementioned loca- tions shall ''pay to the City Clerk an amount of $20,000 less the', amount ;of.Arbor Drive Relief Sewer tapping fees previously collected y the City. The Arbor Drive Relief Sewer *ill then be constructed by the City with these funds as soon as practicable, but prior to the construction of any development in excess of the 60 acre limitation. ,The person, firm or corporation will be reimbursed by.any future Arbor Drive Relief Sewer tapping fees collected by the. City.: NOW THEREFORE BE IT RESOLVED that after the construction of the Arbor Drive Relief Sewer not more than 85 acres 'of single', family dwellings Or the equivalent as determined by the City Engineer shall be served either directly or indirectly by the Sanitary Sewer at Scott Blvd. and Court Street; and not more than 55 acres of single family dwellings or theequivalentas determined by the City Engineer,' shall be served either directly or indirectly by the sanitary sewer at Friendship Street and Court Street. It was moved by Connell and seconded by Czarnecki that the Resolution as read be adopted and upon roll call there were: AYES: NAYS: ABSENT: x Brandt x Connell x Czarnecki x Hickerson x White Passed and adopted this 16 day of January, 1973. ATTEST: City Clerk Mayor RESOLUTION NO. 73_18 RES0LU'1'TON'ACCEPTTNC THE WORK _LINN/MAIDEN LANE/GILBERT ST. IMPROVEMENT PROGUff-DIVISION I WHEREAS,thc Engineering Department has recommended that the im- provSt. covering the construction of the Linn St. -Maiden Lane -Gil- bert St. Paving Project as included in a contract between the City of Iowa City and Metro' Pavers' Inc. of Iowa City dated June 28, 1971 , ____, be accepted, AND WHEREAS, the Council finds the improvement -is_in place and does comply with the requirements for such improvements, AND WHF.RFAS,maintenance bonds have been filed, NOW THEREFORE, BE 1T. RESOLVED by the City:Counci.l of Iowa City, Iowa, thaIowa said improve w City, `]rnaaents be hereby accepted by the City of Iowa . It was moved by_ Conn 11 and seconded by Czarnecki that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Brandt x Connell x Czarnecki x Hickerson x White --- x Pa89ed andapproved this _ 16th day of January lq73 Mayo— ATTEST:_ City Clerk --_-- ' To The Honorable Mayor and City Council Iowa City Iowa Honorable Mayor and Gentlemen: Noel W. Willis of Powers -Willis and Associates'andtl hereby certify that the improvements involving the construction of paving as included, in a contract between the City of Iowa City and Metro Pavers, Inc. of Iowa City, Iowa, dated.June 28, 1971,.has been completed by said contractor in `accordance with the plans and specifications ,governing ,said improvements. We further certify that the improvements, as constructed, in- cluded the following construction costs TOTAL CONSTRUCTION COST $ 181,114.47 TOTAL PREVIOUSLY PAID' 163,111.12 TOTAL DUE CONTRACTOR $ 18,111.45 Respectfully submitted, Frederick G. Moore, P.E'. Deputy Director/City Engineer FGM/mjc Councilman Connell introduced the following Resolution entitled "RESOLUTION DESIGNATING ENGINEER"`and moved its adoption. Councilman Czarnecki seconded the `motion to adopt. The roll was called and the vote was: - AYES: Brandt. Connell, Czarnecki NAYS: None ABSENT: Hickerson, -White Whereupon, the Mayor declared the; following Resolution -duly adopted: RESOLUrIoN No. -1a-+q RESOLUTION DESIGNATING ENGINEER WHEREAS, the Municipality of Iowa City, Iowa, proposes to construct sanitary sewerstobe constructedand financed in the manner 'authorized in Chapter 391A and Section 396.22, Code of Iowa' 1971, and_it is necessary that,the Municipality employ an engineer toprepare proper plats, schedules, estimates of costs, plans and specifications and to supervise theconstruction of the proposed improvements: NOW, THEREFORE,' BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: That the Municipality of Iowa City, Iowa, hereby employs George R. Bonnett of Iowa City, Iowa, to prepare all necessary plats, schedules, estimates of-costs,,;plans -and`.specifications and to supervise the construction of said improvements, such - employment to be pursuant to the written contract of employment as Acting City Engineer already in force between said George R. Bonnett and the Municipality of Iowa City, Iowa. PASSED AND APPROVED, this 16 day of January: , 1973. 0 ATTEST:�&z Zx/ City Clerk Councilman Connell introduced the following Resolu- tion and moved its_•adoption. Councilman C I zarnep k i seconded the motion to adopt. The roll was. called and't a vote was: AYESBrandt. Connell_ C2arnPrki NAYS None ABSENT _ Hickerson Whi*e Whereupon, the Mayor declared the following Resolution duly adopted: RESOLUTION NO. 73-20 PRELIMINARY RESOLUTION FOR THE CONSTRUCTION OFSANITARY SEWER IMPROVEMENTS IN THE CITY OF IOWA CITY :IOWA WHEREAS,_ this.Council, after a study of the requirements, is of the opinion that it is necessary and desirable that sani- tary sewers be constructed within the Municipality.of Iowa City, Iowa, as hereinafter described; and . WHEREAS, it is proposed that said improvements be constructed under the authority granted by`Chapter 391A of the 1971 Code of Iowa: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: Subdivision A. :That the Municipality of Iowa City, Iowa, construct sanitary sewers as hereinafter.:describe'd Subdivision B ",The beginning and. terminalpoints of said improvements .s a 1.be as.:follows: SAINT ANNE DRIVE SANITARY SEWER 8" vitrified clay pipe sanitary sewer ;;from 70 feet westofthe east line of`lot '25, Conway Subdivision Johnson County, Iowa to 33 feet east of the west line of lot 19ofsaid subdivision. Beginning on the Conway Addition Sanitary Sewer at a point 136 feetE,_ofthe Prairie du Chien 'Road Sanitary Sewer; thence N_60' 30' 00" E 493 feet to a point` -33 feet south easterly from the south line of lot19of said subdivision. TANGLEWOOD STREET SANITARY SEWER 8" vitrified clay pipe sanitary sewer from 235 feet north of manhole #2 of a roadway commonly known as Bjaysville Lane to a point on the centerline of Tanglewood Dr. ,12 feet north of the north line of lot 11, Yocum Subdivision, Iowa City, Iowa; and to a point on Ventura Avenue 85 feet west of the east line of lot 2, Yocum Subdivision, Iowa City, Iowa. Beginning on the existing sanitary sewer at'a point N 02' 37' W 235 feet of manhole ;#2 of the-North`'Dubuque St.. Sanitary Sewer; thence N 020 37'-W 65 feet; thence N-22* 32' West 580.4 feet; thence N 13' 56' W 513.1 feet. Also commencing at'a point on the centerline of Tanglewood Dr. N'13' 56 W 275.4 feet of the south line of Yocum Subdivision thence,S 84'`04' W 358.0 feet. Subdivision C. That ��nnaftof Iowa City, is hereby �Q�' ordered,to prepare_and.file with-.thZ lei preliminary.plans'and specification. nd estimates 'of`the-to tal cost:of,the work 'and the plat and'•schedtile of'special;assessmenfs,aganst benefited properties. : Subdivision D. That -this Council hereby determines that. -- allsproperty:within.the.area hereinafter'described;will be specially. benefited by ..said improvements,,';to-wit:' 3' �. SAINT ANNE DRIVE SANITARY SEWER Lots 18, 19,,20,:21, 22, 23,24, 25 and -30 of;Conway's subdivision. TANG_L'WOOD'STREET SANITARY SEWER A_tract on Gov't. Lot 2, Sec. 3'Twp. 79 N,; Range 6 W of the 5th P.M. more particularly described as follows: Commencing at the stone at the southeast cornerof: the southwest quarter of the southwest quarter of Section 34, 1 Township 80 North, Range 6 West;of the Fifth Principal Meridian; thence easterly 10 feet along the section line; thence on an assumed bearing of South, 1302.7 feet; thence south 870 18'E,430.feet.to an iron pipe 5.3 feet East of the property line; thence south 00 07'' E, 73.4 feet; thence north 891 53'E,`60.00 feet to the intersection of the easterly and northerly lines of two proposed streets; thence north 00 07'W, 115.00 feet to the place of; beginning;: thence.continuingnnorth 00 071W, 115.00 -feet; thence north 60' 15' E,.88.00 feet; thence south 291 45'E, 100 feet; thence south 601 151W, 144.9 feet to the place of beginning. The south half (S 1/2) of the Northwest Quarter (NW 1/4) of the Northeast Quarter (NE 1/4) and the East Half (E'1/2) of the North- east Quarter of the Northwest Quarter (NW 1/4) and the beginning at the Northeast corner of the West Half (W 1/2)`of_the Northeast Quarter (NE 1/4) of the Northwest Quarter (NW 1/4) West 241 feet; thence South 78 3/4 rods; thence East 241 feet;:. -thence North to beginning;;and beginning 20 feet North ofthe Southeast corner of the West 'Half (W.1/2) of the Northeast Quarter (NE 1/4) of the Northwest Quarter-(NW.,1/4);.thence South 284 feet; thence West 241feet; thence North 284 feet; thence East 241 feet to beginning all in Section Three (3) Township Seventy-nine (79) North, Range Six (6) West of the 5th P.M.;+.also a strip of land used as right- of-way, beginning.264 feet South and 231 1/2 feet East of the Northwest Corner of`Government Lot Two (2). -Section -'Three .(3), Township Seventy-nine (79) North, Range Six (6) West of the 5th P.M.; South 19' 461 West 367'feet `to the -center of..Public_highway; South 450 42' East 23 feet; North 200f.East 299 Feet; North 74° 50' East 252 1/2- feet; .North 4"feet; West to beginriing,,`except for a tract in Gov't. Lot 2, Sec. 3'Twp 79 N, Range 6W of 5hh P.M. more particularly described as follows: Commencing at the stone at the 'southeast corner of the southwest quarter of'the `southwest quarter of Section-34,`Township 80 North, Range 6 West of the`Fifth Prifi&ipal Meridian"; thence easterly 10 feetalongthe section line;, thence on an assumed bearing of South, 1302.7 feet; ;thence south 87* 18'E,'430 feet to an iron pipe 5.3:feet -East of the property line; thence 'south 0* 071E, 73.4 feet; thence north 89' 53'E, 60.00 feet -to -the inter- section of the easterly', and northerly<'lines of two proposed streets which is the point of,:beginning; thence north 00 71W 230.00'; thence north 600 151E, 88:00'; thencesouth 2920,- 45 E,100'; thence south 600 15'W'66.9',"thence south 29' 45'E, 100'; thence south 60' 15'W, 135.0' to the placeof beginning Beginning Twenty-nine (29) Rods South of the North-west corner of the Northeast Quarter of the Northwest_' quarterIof Section three (3), Township.Seventy-nine<(79), North of Range Six (6), West of the Fifth P.M.; running thence East 25.40 rods to intersect the land of James Drizhal thence South 51 rods to _the South line of the Northeast Quarter of -the Northwest Quarter; thence West on said line to the Southwest corner of said Northeast Quarter of the Northwest Quarter of:Section'3, Township Seventy- nine (79), North of Range Six (6), West of the 5th -P.M.; thence North Fifty-one (51), rods to beginning. Lots 2, 3, 4, 5, 6,-7, 8, 9,r 10,'11 and 12 of Yocum's subdivision. Councilman Connell introduced the following Resolu- tion and moved its adoption. Councilmanz:he seconded the motion to adopt. The roll`was called..an e vote was, AYES: Brandt, Connell, Czarnecki NAYS: None ABSENT .Hickerson.`White Whereupon, the Mayor declared the following Resolution duly adopted: RESOLUTION NO. 73-21 RESOLUTION FIXING VALUES OF LOTS WHEREAS. this Council after full investigation has arrived at a determination of ,the value of each lot located within the 1973 Sanitary Sewer Improvement Project #1 valuation being set forth in a. preliminary schedu ai. enttledid "Schedule of Assessments for; 1973 Sanitary Sewer Improvement under the ._column the -e -n,.,. eaded 'Property Valuation": NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: That said schedule of values hereinabove referred to be and the same is adopted as the valuations of the _lots within the boundaries of,said 'improvements and the Clerk is hereby directed to forthwith deliver the same `to,IGeorge-R. Bonnett the Engineer for said project, said Georcce Rr Bonnett - to insert said values in the schedule of asses sments_whic hhe is to prepare and file with this Council. PASSED AND -APPROVED, this l6 day, of January , 1973. Mayor ATTEST: City :Clerk Councilman r.,,,;ne i introduced the following Resolution and moved its adoption. Councilman Beck i _'seconded the motion to adopt. The roll wac'oalla� an tia:.vote'.was, AYES:Brand-t. rc)nn 11 Q.arnecki - NAYS: - ABSENT: Hickerson, White Whereupon, the Mayor declared the following Resolution duly adopted: RESOLUTION NO. 73-22 RESOLUTION ADOPTING PRELIMINARY PLAT AND.SCHEDULE, ESTIMATE OF COST AND, PROPOSED PLANSANDSPECIFICATIONS.FOR THE 'CON- STRUCTION OF THE 197q SANZTARY'SEWER IMPROVEMENT PROJECT #1 WHEREAS, thisCouncilhas caused to be prepared plat, schedule and estimate of cost, together with plans and specifications, for the construction of:the 1973 SanitarySewer` Improvement project °1 and this Council, has fixed the valuations of the property pro_ posed to be assessed as shown therein, and WHEREAS, said plat,:and schedule, estimateof cost and plans and specifications appear to be proper for the purpose intended: NOW, THEREFORE, BE IT RESOLVED B CITY OF IOWA CITY, IOWA: Y THE CITY COUNCIL OF THE - That said plat and schedule, estimate of c and specifications be and the same ost and plansare hereby adopted as the proposed plat, -schedule, estimate Ofcostand-plans and speci- fications for said improvements and are hereby ord on file with the Clerk for public inspection., ered placed BE IT FURTHER RESOLVED that the boundaries of the District for the making of ,said improvements, as shown in.the-Engineer's plat, be and the same are hereby fix said ed as the boundaries for 1973 San;ra S _- r-Smnrnvement „____ PASSED AND APPROVED, this.da of . --� _January 1973. ATTEST: ayo� r r City Clerk Councilman , Connell'' introduced the following Resolution entitled RESOLUTION— OF NECESSITY and.•moved that it be adopted. -- —Councilman Czarnecki seconded the motion.' The matter was dis- cussed'and the xoll being called the vote was, AYES•: Brandt. Conn 11. C2a�nP�k' 14AYS: None ABSENT: Hak Gnn, Loh;te Whereupon, the Mayor declared the motion adopted: RESOLUTION NO., 73-23 RESOLUTION OF NECESSITY WHEREAS, preliminary plans and specifications and ,plat and schedule and estimate of cost are now on file in the.office of the Clerk showing the boundaries.of the district containing the properties and lots:'to be 'assessed, locations of the improvements, each lot proposed to be assessed; together with i.valuation of each -lot as fixed by -' the ;'Counci, and estimate of'the'cost of the entire proposed improvements, stating the cost of each type of construction and 'kind of materials to'be used, and an estimate of the amount proposed to be assessed against each lot, for the construction -of the1973 an' as hereinafter -described in the: unlclpa 1ty o Iowa C1ty, Iowa: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,_IOWA: That it is deemed desirable, advisable and necessary to construct the __1973 San;tare Sewer Tm orov m nt Prnjar+ !!1 in the Municipality of 10wa City, Iowa, to -wit: MICROFILMED BY MICRO -TECHNOLOGY, INC. CEDAR RAPIDS, IOWA 1 1�1 4gr: J �� c 1 t t3 and this Council has fixed the valuations of theproperty' pro- posed to be assessed as shown therein, and WHEREAS,' said plat:and schedule, estimate of cost and _plans and specifications appear `to`be proper for the purpose intended: NOW, THEREFORE, ,IBE IT RESOLVED BY.THE CITY COUNCIL OF THE CITY OF IOWA CITY,` IOWA: That said plat and schedule, estimate of cost and plans and specifications be and the.same are hereby adopted as the proposed plat, schedule,.estimate of cost and plans and speci- fications for said`-improvements--and __are hereby ordered placed on file with the Clerk -`for public inspection. BE IT FURTHER RESOLVED, that -the 'boundaries of'the District for the making of said improvements,.' as shown-in the Engineer's plat, be and the `same are-hereby fixed as`the boundaries for said 1973 Sanitary 'Sewer >Imnr vement-Project f PASSED AND APPROVED, this 16 day of; January r-1973. Mayor', ATTEST: City-Clerk Councilman Connell introduced the following Resolution entitled RESOLUTION OF NECESSITY and moved that it:be adopted, Councilman Czarnecki seconded the motion. The matter was dis- cussed and the roll >being`called the vote was, AYES: Brandt. Connell, Czarnecki NAYS: None ABSENT: Hickerson, White Whereupon, the Mayor declared the motion adopted: RESOLUTION NO. -73-23 RESOLUTION OF NECESSITY WHEREAS, preliminary plans and specifications and plat and schedule and estimate of,cost`are now on"file in"the office of the Clerk showing. he boundaries,of:the district containing the properties and lots tobea>etssed,;:locations of. the improvements, each lot proposed to be assessed, together with a.-Valuation. of each lot as fixed by Zhe Counci, and estimate of the cost of the " entire proposed improvements, stating the cost of each type of construction and kind of materials to be used, and'an estimate of the amount proposed to beassessed against each'lot, for the construction of the 1973 San' as hereinafter described in the Municipa ity o `Iowa City, Iowa: NOW, THEREFORE, BE IT RESOLVED BY THE CITY 'COUNCIL OF THE CITY OF IOWA CITY, IOWA: That it is deemed desirable, advisable and necessary to construct the 1973'San'tar # in the Municipality o Iowa City, Iowa, to-wit: ■ M Said improvements within said District are located and des- cribed in the following "Notice to Pro perty:Owners" set outin this Resolution of Necessity. The method of construction 'shall "be by contract. The entire cost`.of said improvements will be assessed to the properties within the boundaries of the district. No_property shall be assessed more than it benefited `by theimprovements nor more than 24% of its actual value -orf -the date of its assessment. Said -assessment will include a ten percent Default and Deficiency Fund as authorized by Chapter.391A,'.Code of Ioway1971. A plat and schedule and estimate of costs are now on file in the office of the Clerk as required by law. Any difference between the_amount.-which is derived from cash payments made-by_property owners during the thirty day collection period and the sale of Sewer Improvements Bonds issued against assessments'' on 'benefited` properties ' and 'the, total cost of the improvements, shall be Paid for frZ�m the ;proceeds derived - from the issuance and sale of bonds as-authorized.by Sections 391A.35 and 396.22, Code of Iowa, 1971, and/or from such other funds of said:Muni.cipality as may be.legally used for such purpose. BE IT FURTHER RESOLVED, that the Council of the Municipality of Iowa City, Iowa, meet at 4:00'o'clnrk a_ror �„ Feb. 6 , 19731 in the CouncilChambers' :in the City Hall -for the purpose of con- sidering objections.'to -the preliminary plans and -specifications and estimates of costs and-to".the making -of said -improvements. Unless property owners at'the -time oi-,the>finalconsideration of this resolution have on file with the Clerkobjections to the amount of the proposed assessment,:;theyi_shall -be deemed to have waived all objections thereto. BE IT FURTHER RESOLVED, that the Clerk is hereby instructed to cause notice to be published and mailed as required by law of the pendency ;of this resolution and'of the time and place of hearing objections thereto,r.and to the said preliminary plans and specifications,: -estimates of cost and to'the"making of said improvement said Notice to be in substantially thefollowing form: . The south half (S •2)' of the Northwest Quar Northeast Quarter .(NE 1/4) and: the'-East':,Hdlf east, Quarter= of :the Northwest -=Quarter; (1 at the Northeast corner' --of the West :Hal: - Quarter (NE`1/4)'of the ,Northwest*QU arty __ thence South. -78 3/4 ro'ds`p thence East:: 2� beginning; and beginning`20 'feet North `c of the West, „Half_ 1/2)-of -of-'.IE-he- Ncrthea: Northwest Quarter `( NW ,1/4) ` .thence Sout1 241 feet; thence North .284 feet;: .thence all in Section Three (3)''Township Sevent Six (6) We"s t= -of the 5th P Malso a'7st of -way, beginning,.264-feet South and'>23] Northwest Corner of Government Lot 'Two (2)'.Sect Township Seventy-nine (79) North, Range -Six .(6) P.M ! South 'a* 46'` West>367.'feet tothe South 45° 42! East::23-feet; North 200<Ea 50' East 252 1/2 feet, -,North' feet;: -Wes for a tract in Gov' -t. Lot 21 -Sec. 3 Twp`, P.M. more particularly described as_foll Commencing at the 'stone at the,southeast quarter of the southwest';quarter.of Sect Range`6 West 'Of -the -`Fifth Principal;Meri 10 feet along;,the;section line; ^thence o. of South, 1302.7 ,feet; '-:thence ;south ;87.° iron pipe 5.3 fee'tEast 'ofthy= property :'. 07'E, 73.4 feet; thence north -:".89° 53'-E, section of the easterly. and northerly`-1ii streets 'which is the.point of'beginning;` 230.00'; thence north 60 %15'E, '88 :00'; 1 E,100'; thence south 60,; 15'W"66:91.;;thei 100'; thence --`south 600 -15' W,' 335.0'. to tl Beginning Twenty-nine (29) Rods.South`of of the Northeast Quarter of the Northwesi three (3), Township, Seventy nine,(79) Nc West of the Fifth P.M. running,. thence' -E' the land of James Drizhal; thence South E line of the Northeast Quarter -of the-_Nort West onsaidline to the Southwest cornet Quarter of the Northwest Quarter of;_Secti nine (79), North of -Range Six '($), West`c North Fifty-one (51) rods to beginning;: Lots 20 3, 4;_ 5, 6".-7,',8, 9, •10,; 11 'and: 1 J thence S 390 30'.W 175' to a point. andcommencingat an existing storm sewer-manhole-on Court Street which-is located 12 feet south of lot.15;'Morningside Addition,thence N50' 30'W76 feet to the point of beginning; Thence N 5no if)ow rin a__� r' Councilman e7arnPnki introduced the following Resolu- tion and moved its adoption. .Councilman Connellseconded` the motion to'adopt. The roll.was called :and.t e,vote was, AYES: Brandt. ''Con nell, Czarnecki NAYS: None ABSENT Hickerson, V711ite Whereupon, the Mayor declared the following Resolution duly adopted: RESOLUTION NO. 73-26" RESOLUTION' FIXING VALUES OF LOTS_ ;I WHEREAS. this Council -after -full investigation has arrived at a determination of the value of each lot located:within the Ift. White Blvd. Storm Sewer Project said valuation being set forth in a;preliminary schedule entitled "Schedule of Assessments for iWm. (white Blvd. Storm7Sewer Project ," under the column,therein headed "Property Valuation": NOW, THEREFORE, BE IT RESOLVED BY THE".CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: That said -schedule of values hereinabove referred to be and the 'same is 'adopted as the. valuations' of the lots within the boundaries of said improvements and the Clerk'is hereby directed to -forthwith deliver the same to George R. Bonnett the Engineer for said project, ;said George-R..Bonnett to insert said values in the schedule of assessments' which he is to prepare and file with "this.Council PASSED AND. APPROVED, this_ day of ,TnnnaQry . ,1�973.- Mayor ATTEST: - ity<Cler Councilman r7.Arpnrki introduced the following Resolution and moved its adoption. Councilmanseconded the motion to adopt. The roll was __called andihe vott'was, AYES Rranrl f-fnnno•11 r7nrnonlri - - NAYS: <None ABSENT: Hicherson, White Whereupon, the Mayor declared the following Resolution duly adopted: RESOLUTION N0. --73-27 RESOLUTION ADOPTING PRELIMINARY PLAT AND SCHEDULE, ESTIMATE OF COST AND PROPOSED PLANS AND SPECIFICATIONS 'FOR THE CON- STRUCTION'OF THE WM ' WHITE'%BOULEVARD-STORM SEWER PROJECT WHEREAS, this Council has caused to be prepared plat, schedule and estimate of cost, together with plans and specifications, for the construction of the Wm. White Blvd. Storm Sewer Project NOW, THEREFORE, BE IT.RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: That said plat and schedule, estimate of cost and plans and _.specifications be and thesame are hereby adopted as the proposed plat, schedule, estimate of 'cost and plans and speci- fications for said improvements and are hereby ordered placed on file with the Clerk for public inspection. BE IT FURTHER RESOLVED, that the boundaries of.the District for the making of.said improvements, as -shown in the Engineer's plat, be and the same are hereby fixed as the boundaries for said Wm. White Blvd. Storm Sewer Proiect' PASSED AND APPROVED, this 16 day of January 1973. Mayor.` ATTEST: City Clerk Councilman Connell introduced the following Resolution entitled cNECESSITY and motion. -Th that ematter adopted. Councilmann Czzarnecki- seconded the ter was dis- cussed and the oT being called'the.vote was, AYES: Brandt, Connell; Czarnecki NAYS: -None ABSENT: Hickerson. White Whereupon, -'the Mayor declared the motion adopted: RESOLUTION NO. :73-28 RESOLUTION OF NECESSITY WHEREAS, preliminary plans and specifications and plat and schedule and estimate of.cost are now.on file in the 'office of the Clerk showing the boundaries of the district containing the properties and lots to be assessed, ,locations 'of'the improvements, each lot proposed to be assessed,together with a valuation of each lot as fixed by;,the_;Counci,,`.and'estimate of:the-cost of the entire proposed improvements, stating the cost of.each type of construction and kind of materials to be used, and an estimate of the amount proposed to be assessed against each lot, for the construction of the Wm. White Blvd Storm S r P o' ct as hereinafter described in the Muna.cipa ity_o Iowa City, Iowa: NOW, THEREFORE, BE IT RESOLVED BY .THE CITY COUNCIL OF THE CITY OF IOWA CITY,: IOWA: That it is -deemed desirable, advisable and necessary to construct the Wm.-P7hite-Blvd. Storm Sewer Pro'ect`' in the Municipa ity o Iowa City, -Iowa, to -wit: i Said district containing the properties 'to be'assessed is set out `and -described in the following :"Notice -to -Property Owners" set out in this Resolution of' -Necessity. Said improvements within: said District are located and des- cribed in the following "Notice to Property Owners set out in this Resolution of Necessity. ' The method of construction shall,.be by contract: The entire cost of said impr07-ements will be assessed to the properties within the boundaries__of the --district: No property shall be assessed more than it benefited by the improvements nor more than 24% of its actual value on the 'date 'of its assessment. Said assessment will include a ten percent Default and Deficiency Fund as authorized by Chapter 391A, Code of Iowa, 1971. A plat and schedule and estimate of costs are now on file in the 6ffice of the Clerk aslrequired`-by-law. Any difference between the 'amount which ;is derived from cash payments made by property":owners during the thirty day collection period and the sale of Sewer Improvements Bonds issued against assessments on benefited properties and the total cost of the improvements; shall be paid for-from_the proceeds derived from the issuance and sale of 'bonds as authorized by Sections 391A.35 and:396.22, Code of Iowa,.1971, and/or from such other funds of said Municipality as may be. legally' used, for such purpose. BE IT FURTHER RESOLVED, that the Council of theMunicipality of Iowa City, Iowa, meet at 4:00 o'clock P -M_ on Feb_ 6 , 1973, in the Council Chambers in the City Hall for the purpose of con- sidering objections :to the preliminary -plans andspecifications and estimates' of costs and to the 'making of said 'improvements. Unless property owners at the .time of,the final consideration of this resolution have on file with the Clerk objections to the amount of the 'proposed assessment, they; shall -be deemed to have waived all objections thereto. BE IT FURTHER RESOLVED, that the -Clerk is hereby instructed to cause notice to be publishedand mailed as required by law of the pendency of this resolution and of the time'and place of hearing objections`thereto,."and to the said preliminary' plans and specifications, estimates of cost and to the making of said improvement "said 'Notice 'to be in substantially `the following form: NOTICE TO PROPERTY'OWNERS - Notice is hereby given that there is now on. file for public inspec.tion ;in the office of the Clerk Of: Iowa City, Iowa, -:a proposed Resolution of Necessity, an estimate -of cost and plat and -schedule showingi,'the amounts proposed to be assessed -against -each lot and -the valuationthereof within a district as approved;.by the.Council-of,'Iowa city, Iowa, for the Mn 'White Blvd. Storm'Sgwer Proiect of the type and .in -.the -location as'follows:< 15" reinforced concrete pipe storm sewer from Wilson Street southwesterly 175 feet along the -south east line of lot 9 Morningside Addition; and 2111 and 24" Reinforced concrete pipe from the southeast line of lot' 13, Morningside Addn. northwesterly 610 feet along a,public.right-of-way;-commonly _ known as Wm. White Blvd. Beginning at an existing storm sewer inlets which are located on Wilson Street between lots 9 and 10 of Morningside Addition, Iowa City, Iowa; thence S 39' 30' W 175' to a point. and commencing at an existing storm sewer manhole on Court St. which is located 12 feet south of Lot '15,.Morningside Addn., thence N 500 30' W 76 feet tothepoint of beginning;, Thence N 50' 30' W 610 feet toanexisting storm sewer That the -proposed District to be benefited ,and subject to assessment for the ;cost of such improv' follows: is_described as _ Outlot 1, West Bel -Air Addition, Part 2.': Lots .1, 2, 3, 4, 5, 6, '7, ,8,_ 9, 10,` 11, 12 and 13 of; Morningside Addition. Lots A,;B,.C; D,,and E ofthe`subdivision of the SE 1/4 of the SW 1/4 of -Section -11-79-6. A parcel described as follows: Beginning at .the SW corner of Lot A of the,' Subdivision of the SE 1/4 of the SW 1/4 of Section 11-79-6, 'thence%north 291.8 feet to the south dine of_a;public right-of-way formerly :known :`as.'Wm. White Blvd.; thence Northwesterly along said line 192.9 feet thence south 220.0 feet; thence East 75 feet; thence South to -the North'.line of College _Street; 'thence`East 74 feet along the North line of College Street to the point of - beginning. at the Council Chambers'i The Council will meet at 4:00 o'clock P.M. �nn'Feebb .1973 n the City Hall, at which time t e owners of property subject to assessment for the :proposed improvements, appear and be'heard'-for`or against the making of the improve- ments, the boundaries of`the 'District, the cost,:,the assessment against any lot, or the final Adoption of a Resolution of Necessity. - ClerkofIowa-City,, Iowa RESOLUTION NO. RESOLUTION AUTHORIZING AXENDHENT TO CONTRACT FOR BUSINESS RELOCATION MALL, CITY-UNIV. IA R-14 WHEREAS, the City of Iowa City has awarded a contract to Park Fair Inc. said contract entered into on Nov. 17, 1972 and, WHEREAS, it is deemed that certain changes in the plans and specifications are. necessary due to construction changes. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA: 1. That the contract dated II/L7/72 -entered into by the City Of Iowa City and Park Fair, Inc. for the construction of the Business Relocation Mall. City -University Project Ia. R-14. ,as follows: A. Extention of contract!completion date to January 13,' 1973, no penalty assessed. B. Alterations to modular units caused by change in occupancy and, electrical code requirements,., $10,205.00 addition. C. Deductions of $471. from reduction in work on one unit. 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 _Connell and seconded by Czarnt-nki that the res . olution as.read be'adopted, and upon roll call there were: AYES: NAYS: ABSENT., Brandt Connell Czarnecki Hickerson White Passed and approved this .16th day of January 1973 ATTEST: Mayor CitY,Cler To the Honorable Mayor and City Council Iowa City Iowa Honorable Mayor and Gentlemen: Allen R. Baker of Shive-Hattery and Associates and I hereby certify that the improvements involving the construction of a'sanitary sewer and lift station, as included in a contract between the City of Iowa City and Dave Schmitt Construction Co., Inc.:of Cedar Rapids, Iowa, dated April 18, 1972, has been completed; by,said-,contractor in accordance with the plans and specifications governing said improvements. We further certify that the improvements, as constructed, included the following construction costs: TOTAL CONSTRUCTION COST $ 40,770.35 TOTAL PREVIOUSLY PAID 35,924 67 TOTAL uUE CONTRACTOR $ 768.64 Respectfully submitted, George R. Bonnett, P.E. Acting Deputy Director/City Engineer GRB/mjc Iowa City, Iowa, "' January IL , 1973 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 within the time required by law and accepted in writing by each member thereof, said notice of meeting being as follows: NOTICE Iowa City, Iowa, Januar 16 , 1973 TO: Robert Connell EHaar r7.Arng-rkj Tnran Hickerson' J. Patrick Whi Councilmen Iowa City, Iowa Dear Sir: You are hereby notified that a meeting of the Council of Iowa City, Iowa, will be held on the day of January , 1973, -at the City�Ha 1 in - - Iowa City, Iowa, at' `4:00 o'clock ' M., for the purpose of considering the adoption of a Resolution Accepting Work and Ordering Preparation of Plat and Schedule of Assessments and for such other business in connection therewith as may come before the meeting. Respectfully submitted, Mayor Service of the foregoing notice is hereby acknowledged. S/ C. L. Brandt SJ Robert Connell S/ EdgarCzarnecki S% Loreri Hick rson $/ Pt -rick- Whi .P . -1- ANLERS. COONEY.-DORWEILER• ALLOSE S HAYNIE. LAWYERS. DES MOINES. IOWA The meeting was called to order by <c`' I 'Brandt Mayor, and on roll call the following Council Members were present: Brandt Connell Czarnecki Councilman Connellintroduced the following Resolution entitled "RESOLUTION ACCEPTING WORK AND ORDERING PREPARATION OF PLAT AND SCHEDULE OF ASSESSMENTS" and moved its adoption. Councilman '-7a necki seconded the motion to adopt. The roll was called and the vote was, AYES: i3rajjdronnell rarnPalo �XK IAbsientHitkarannrit;tp,•. _ - Whereupon the Mayor declared the following Resolution duly adopted: _Z_ AHLERS. GOONEY. DORWEILER. ALL6EE s HAYNIE. LAWYERS. DES .MOINES. IOWA RESOLUTION NO.. 73-30 RESOLUTION ACCEPTING WORK AND ORDERING PREPARATION OF PLAT AND SCHEDULE OF ASSESSMENTS WHEREAS, on the '28th day of March 1972, the Municipality of Iowaowa City, Iowa, entered into contract with Dave Schmitt Const. Co. of Cedar Rapids, Iowa, for the construction of the South Riverside Drive Sanitary Sewer Improvement Project, in the Municipality of Iowa City, Iowa, as therein described; and, WHEREAS, said Contractor has fully completed the construction of said improvements, known as the South Riverside Drive S siitary Sewer Improvement Project, in accordance with the terms and conditions of said contract and plans and specifications, as shown by: the certificate of the Engineer filed with the Clerk on 'January 9,"1973 19 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: That said report of the Engineer be and, the same is hereby approved and adopted and said improvements are hereby approved and accepted as having been fully completed in accordance with the said plans, specifica- tions and contract, and the construction cost is here- by determined to be $ 40;770_35-- as shown in said report of the Engineer. BE IT FURTHER RESOLVED, that the Engineer is hereby instructed to prepare a plat and schedule showing the separate 'lots or parcels of ground subject to assessment . for the cost of said improvements, together with the - - names of theownersthereof, so far as practicable, and the amount assessable by law against each lot or parcel of groundsoassessable, and against any railway or street railway_ legally assessable therefor, and the whole amount of the cost of said improvements shall be assessed -against the benefited properties, which said plat and schedule, when completed, shallbefiled in the office of the Clerk. 1973. PASSED AND APPROVED this 16 day of January Mayor -3- ARLERS. GOONEY.. DORWEILER. ALLSEE s HAYNIE. LAWYERS. DES MOINES. IOWA `.1 I CouncilmanCorinpii introduced the following Resolution entitled "RESOLUTION ADOPTING AND LEVYING - - - FINAL SCHEDULE OF ASSESSMENTS, AND PROVIDING FOR THE PAYMENT THEREOF" and moved its adoption. Councilman - Czarnecki. -seconded the motion to adopt. The roll was called and the vote was, AYES: Brandt, Connell, Czarnecki NAXRX Absent: Hickere�n, Wh;fa Whereupon the Mayor declared the following Resolution duly adopted as follows: - RESOLUTION NO. 71-31 RESOLUTION ADOPTING AND LEVYING FINAL SCHEDULE OF ASSESSMENTS, AND PROVIDING FOR THE PAYMENT THEREOF BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: That after full consideration of the schedule of assessments and accompanying plat showing the assess - merits proposed to be made for the construction of the South Riverside Drive Sanitary -Sewer Improvement Project, within the Municipality; of Iowa City, Iowa, under contract with Dave Schmitt Const.,Co. of Cedar Rapids,,, --Iowa rwhich plat and schedule was filed intheoffice of the Clerk on the 9th day of �January , 19'73 said assessments y cb are hereborrected y making the following changes and reductions: NAME OF PROPERTY OWNER AND PROPOSED. FINAL CORRECTED FINAL. DESCRIPTION OF PROPERTY ASSESSMENT ASSESSMENT I All other objections filed are hereby overruled; and after full consideration, appraisement and apportionment_ of the special benefits conferred upon the properties shown in said schedule and plat of the said improvements, this Council finds that the said property i's specially benefited by the said improvements in the amounts shown, on said schedule, as herein corrected; and that the'said amounts -.are in proportion _ to the special benefits conferred upon the properties by said improvement, and are not in excess of such benefits and are not in excess of 25% of the actual value of the lots, parts of lots and parcels of land shown in said schedule. BE IT FURTHER RESOLVED, that the said schedule of assessments and accompanying plat, be and the same are hereby approved and adopted, as herein corrected; and that there be, and is hereby assessed and levied,,as a special tax against and upon each `of'the lots, parts of lots and parcels of land, and the owner or owners thereof liable to assessment for the cost of said improvements, and the real estate and personal property of the railway companies whose properties and tracks are within the improvements described, shown in said schedule, the respective sums expressed in figures set opposite to each of the same, as corrected by this Resolution, on account of the cost of the construction of the said'improvements;:and said assessments against said lots and parcels of land are hereby declared to be in proportion to the special benefits conferred upon said property by said improvements, and not in excess there- of, and not in excess of 25% of the value of the same. BE IT FURTHER RESOLVED, that said assessments. of $25.00 or more shall be payable in tu-n equal annual installments and shall bear interest at the rate of :7$ per annum from the 16th day of January , 19 73` , the 'date of the acceptance of the improvements; --the first installment of each assessment, or total amount thereof, if it be less than $25.00, with interest on the whole assessment from date of acceptance of the work by the Council, shall become due and payable =on'January 1, 1974 ; the succeeding annual installments, with interest or the whole unpaid amount, shall respectively become due on January lst annually thereafter,' and shall be paid at the 'same time and in the same manner as the March semiannual payment of ordinary taxes. Said assessments shall be payable at.the office of the County Treasurer of Johnson County, Iowa, and thesamemay be paidthere in 'full and without interest within thirty days after the date of the certification of the plat and schedule of .assessments to the County Auditor of Johnson County, Iowa, BE IT FURTHER RESOLVED, that the Clerk be and he is hereby directed to certify said plat and schedule to the County Auditor of Johnson County, Iowa,,and to publish notice of said certification once each week for two consecutive weeks in the iowa'City Press. Citizen , a newspaper printed wholly in the English language, pub- lished and of general circulation in Iowa City, Iowa, the first publication of said notice to be 'made within fifteen days from.the date of the filing of said schedule with the County Auditor, the Clerk shall also 'send by certified mail to all property_ owners whose 'property -is subject to,assessment a copy of said notice, said - mailing to be on or before the date of the first pub- lication of the notice, all as provided and `'directed by Code Section 391A.25, Code of Iowa, 1971. 1973. PASSED AND APPROVED this j day of Ta, Mal_ '