HomeMy WebLinkAbout1973-04-17 ResolutionRESOLUTION OF APPROVAL OP CLASS C LIQUOR CONTROL LICENSE
APPLICATION.
BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a
Class C Beer & Liquor ControlLicense application is hereby'ap-
proved for the following named person or persons at the following
described location:
The Boulevard Room, Ltd. 325 E. Market Street
Said 'approval shall, be subject to any conditions or restrictions here-
after imposed by ordinance or state law.
The City Clerk shall cause a recommendation for approval to be.
endorsed upon the application and forward the same together with the
license fee, certificate of financial responsibility, surety bond,
sketch of the premises and all other information' or documents required
to the Iowa Beer and Liquor Control Department.
It was moved by Cannel I and seconded by Fr nkarson
that the Resolution as read be adopted, and upon roll call there were:
Brandt
Connell
Czarnecki
Ilickerson
White
AYES: NAYS: ABSENT:
x
x
Passed this 17 day of April 19 73
1
RESOLUTION OF APPROVAL OF CLASS "B" BEER PERMIT APPLICATION
BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class
"B" Beer Permit Application is hereby approved for the following named per-
son or persons at the following described locations:
Ernest W. Stoppelmoor
dba/The Links 1011 Arthur Street
Said approval shall be subject to any conditions or restrictions hereafter
imposed by ordinance or state law.
The City Clerk shall cause a recommendation for approval to be en-
dorsed upon the application and forward the same together with the licenne
fee, certificate of financial responsibility, surety bond arid all other
information or'documents ,required to the Iowa Beer & Liquor.,Control Department.
Zt:was moved by, Connell and seconded by White that the
Resolution ae'read be adopted,.and upon roll call there were:
AYES: NAYS: ABSENT:
Brandt x
+ Connell x
C^.arnpaki x
-Hi ckprc_on x
White x
Passed this 17 day of s r;i , 19
f VZ
RESOLUTION NO. 73-155
RESOLUTION TO ISSUE DANCING PERMIT:.
BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Dancing
Permit as, provided by law is hereby granted to the following named person and
at the following described locations upon his filing an application, having
endorsed thereon the ceritifeates of the proper city officials, as to having
complied with all health and sanitary laws, regulations, and ordinances and'
all fire laws, regulations and ordinances, and having a valid Class "B" Beer
Permit, to -wit:, -
The Highlander IBO and Hwy. l
It was moved by Hickerson and seconded by Connell
that.the Resolution as read be adopted, and upon roll call there were:
Brandt
Connell
Czarnecki
Hickerson
white
AYES: NAYS: ABSENT.
x
x
x
Passed this __JkAj,, day of Apr 11 , 19 73
L
o rr.uuac nvc. a LiNLI/L(V Avr. ilYit KSt(;1'iUNS
WHEREAS, the Ordinances of the City of Iowa City, Iowa, allow the
City Council to prohibit parking by resolution on designated streets, and,
WHEREAS, the City Council deems it in the public interest to prohibit
parking on a poition of Newton Road, the north "side, for a distance
of 50' west of the intersections of Va11ev Avenue and Linen � a„a
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA:
1) That parking is hereby prohibited on the north side of Newton
Road, for a distance of 50' west of the intersections of VaLLey Avenue
and Lincoln Avenue.
2) That the City Manager is hereby authorised 'and 'directed 'to cause
appropriate signs to be posted :to effectuate the provisions of this
Resolution.
It was moved by wh; and seconded by Connell that
the Resolution • r read be'adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
x Brandt
x Connell
x Czarnecki
x Nickerson
x White
Passed and approved this 17 day of April 1973 ,
Mayor '
ATTEST:
J
City Clerk
1973 Sidewalk Assessment Program
Iowa City, Iowa, Aoril 17 - 1973
The Council of Iowa City, Iowa, met on the above date
in reauiar 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, April 77 , 1973
TO: R h rt (nn 17 P.Agar f,arnerk' 7nren Hirkercon,
J. Patrick White -
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 -17 day of
April , 1973, at the Civic Center at Iowa City, Iowa,
at 4.00 o'clock P.M., for the purpose of considering
thea op�tao oY a Resolution making_Award of Contract, 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. I
- S1 C. L. Brandt
S1 Robert Connell
sl Edgar Czarnecki
sl Tn,pn Hirkerson
AHLERS. GOONEY. DORWEILER. ALLBEE& HAYNIE. LAWYERS. DES MOINES. IOWA _`
The meeting was called to order by C. L. Brandt
Mayor, and on roll call the following Council members were
present:
C. L. Brandt, Robert Connell, Loren Hickerson
i. Patrick white
Absent: Edgar Czarnecki
-2-
AHLERS. COONEY. DORWEILER. ALLSEE R HAYNIE. LAWYERS. DEB MOINES. IOWA -
Councilman connell introduced the
following Resolution and moved its adoption. Councilman
White seconded the motion to adopt. The
roll was called and the vote was,
AYES: Brandt. Conn l"1, Him rcon, Whit"
- Absent -Czarnecki
NAYS: ......-
Whereupon the Mayor declared the following Resolution
duly adopted:
No. 73-157
RESOLUTION MAKING AWARD OF
CONTRACT
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
IOWA CITY, IOWA:
That the bid of
Wolf Construction -I - of
in the sum o 46,508.29 , or the construction o
improvements known as the, 1973 Sidewalk Assessment Program
as described.in the plans and specifications adopted
by this Council onApril 17 , 1973, be and is
hereby accepted, the same being the lowest bid received
for said work.
The Mayor and Clerk are hereby directed to execute
a contract with the said
Wolf Construction Inc. of _--Iow - 't ,
for t e construction of saidimprovements, sai contract
not to be binding on the Municipality until approved by
this Council.
1973. PASSED AND APPROVED this 17' day of ADril ,
Mayor '
ATTEST:
Clerk
3`
AHLERS. COONEY. DORWEILER. ALLBEE h HAYNIE. LAWYERS. DES MOINES. IOWA
Iowa City, Iowa, April 12th 1973
A public meeting was held at 10:00 o'clock A. M.,
on the above date at the Civic Center in Iowa City, Iowa,
an
presided over by t a:xGLXX)=ngineer of the City of Iowa City,
City of Iowa City, Iowa.
Present were:
Roger Amhof, Utilities Engineer
Frank. Farmer Eneineerii Dr'uision•
- Abbie Stolfus', City Clark
The aity Engineer thereupon announced that
the purpose of this meeting was to receive, open and tabulate
bids for the construction of 1973 Sidewalk Assessment Program,
in said City, in accordance with the plans and specifications
heretoforeadopted by the Council of said City. The
following bids were thereupon received, opened, inspected
and tabulated, to -wit:
Ahrens Construction Co, Amana, Iowa $49,903.24
Wolf Construction Co., Iowa City 46,508.29
Lincoln Dev. Co., Marshalltown, Ia. S7 246.-45'
Marengo Ready Mix, Marengo, Iowa 53;376:16
-1-
AHLERS. GOONEY. DORWEILER. ALLEEE h HAYNIE. LAWYERS. DES MOINES. IOWA - -
Whereupon the City Engineer declared that
said bids be referred to the City Council of the City of
Iowa City, Iowa, at its meeting to be held on the - 17th day
of April 1973, as heretofore ordered by resolution
of said Council.
6Z
wl
CAW ineer
ATTEST:
City Clerk
_Z_
AHLERS. COONEY. DORWEILER. ALLSEE& HAYNIE. LAWYERS. DEB MOINES. IOWA
AYES: NAYS: ABSENT:
Brandt x
Connell x
Czarnecki x
Hickerson x
White x
Passed and approved this 17th day of April 19 73
ATTEST:fJt
City Clerk d
RESOLUTION NO. 73-158
RESOLUTION MAKING AWARD OF CONTRACT FOR
ONE TRUCK CHASSIS WITH DUMP BODY & LOADER
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA:
That the bid
of
Cline Truck
& Equipment of Iowa City, Iowa
in the amount of '$
14,300 for the purchase of one new & unused
„
27,500 GVW Truck
Chassis with Dump Body and Front Mounted Loader with trade-in
of one (1) 1969 International Model 1700 Dump Truck with Front Mounted Loader,
City Equipment No. 250,
described in the
specifications heretofore adopted by this Council on
'
March 27
19 73 , be and is hereby accepted,°the same being the lowest
responsible .bid
received for said work.
The Finance
Director is hereby directed to execute a purchase order with the
said Cline Truck
&Ecruioment of 'Iowa City, Iowa'
for said truck,
$ Fourteen Thousand Tree Hundred Dollars ($14,300)
It was moved
by White and seconded by Connell 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
Passed and approved this 17th day of April 19 73
ATTEST:fJt
City Clerk d
NOTICE TO BIDDERS
Sealed bids will be received by the City of I Iowa City, Iowa; at lh044!,re
of the Director of Finance in the Civic Center until ten (10) o'clock,
a. m. , Central Standard Time Monday on the 16th
dayof�ri 1 1973 , to be opened by the City Manager immediately
thereafter for furnishing and delivering the following equipment in accordance
with the specifications now on file in the Office ofthe City Clerk, Iowa City,
Iowa:
One (1) New and Unused 27,500 GVW Truck Chassis with Dump Body and
Front Mounted Loader. Trade-in of one (1) 1969 International Model
1700 Dump Truck with Front Mounted Loader, City Equipment No. 250. -
Copies of the specifications and pioposal forms may be obtained at the Office
of the Administrative Engineer, Department of Public Works.
All bids shall be filed on forms furnished by the City of.lowa City, Iowa,
sealed and plainly marked "Bids for 27,500 Truck Chassis with Dump Body and
Front Mounted Loader".
Each bid must ibe accompanied, in a separate envelope, by a cashier's check
drawn on an Iowa bank made payable to the Treasurer of the City, of Iowa City,
lowa,,in the sum of..not.less than five (5): percent of the amount of.the bid
as security that the bidder will enter into contract with the City of Iowa
City, Iowa. Said check shall not contain any conditions eitherin the body
of the check or endorsement thereon. The envelope must be addressed to the
City Clerk and be endorsed with the name of the bidder and make reference
to-the,equipment 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 cashier's checks of the unsuccessful bidders will be returned within
three (3) days after award of contract. The check of the successful bidder
will.be returned after execution of the contract in the form prescribed by
the City Council.
Payment for the unit will be made within thirty -(30) days after acceptance
`by the City Council.
The City of Iowa City reserves the right to waive any irregularities when
by so doing it would be in the best interest of the City, and to reject any
or all bids.
CITY OF IOWA CITY, IOWA
Mayor
ATTEST-.
City Cler�
t � -
Illghway Idgh1 u( Way for
Million Ac
commodatl
on
Permit No.
Applicant': Iowa -Illinois Gas And Electric Company'
(Name of Owner)
206 East Second Street Davenport Iowa '52808
(Address) (City) (slate) (78Jp coag)
Iowa State Highway Commission
Ames, Iowa
Gentlemen': f6inSee. 24
Approval is hereby requested for the use of Primary Highway (Number)
T 79 R 6W Johnsonpointy miles,
[tom In city limits of Iowa City
. (Direction) (Place, Town, Etc.)
at Highway Station(s) No. 289 and 290 for the accommodation Of oro overhead 120 volt
Ilse for the transmission or
electricity to serve `a`new street light
The installation shall con jet o[,=1'40' Dole and 1-20,000 Mercury Yapor street light and a
(Detailed Description)
121 mast arm to be on private property. One span duplex secondary across
highyay at a height of 24
see attached sketch
and will be located as shown on the.detaHed plat attached hereto.
AGREEMENTS: The utility company, corporation, applicant, Permltttle, or licensee, (hereinafter referred to ore elle Permittee)
agrees that the following stipulations. shall govern under this Permit-
I- The location, coustructioo orad maintenance of the utility Installation covered by this application shall be is accordance with the current
' Iowa State Highway Commission Utility; Accommodation Policy.
2. The. Installation shall meet the requirements or lona municipal, county, state, Rod federal laws, franchise rules, and regulations, fogula-
tions and directives of the Iowa State Commerce Commission, Utilities Division, the Iowa State Department of Health, all rules and MOIL -
tions of the lows State Highway Comminlon,: And Any other laws or regulations applicable.
3. The Permittee shall be fully rospondble for any future adjustments of Its facilities within the established highway right of way caused
Pby. highway construction or maintenance operations.
4. The Iowa State Highway Commission shall give the Permittee at least 48 hours written notice of any proposed conetroctfon or malntenance
work, on either existing or newly acquired right-of-way, that is likely to conflict with the Installation belonging to the Permittee, in order that
:'-`the Permittee may arrangeto protect Its faOilltlee.
6. The Stale of Iowa and the Iowa State Highway Commission assume no responsibility for damages to the Permlites's property occasioned by
' any construction or maintenance operations on said highway.
6. The Permittee shall take all reasonable precaution during the construction and maintenance of said Installation to protect and safeguard
the lives and property of the traveling public and adjacent property, owners. -
7. The Permittee agrees to give the State Highway. Commission forty-eight hours' notice of its lutsntiou to start construction on the highway
right-of-way. Said notice shall be made in writing to the Engineer whose name in shown below.
8. The Permittee agrees to at all times give the Iowa State Highway Commission timely notice of intention to perform routine maintenance
within the righ"f-way. Said notice shall be to the Engineer whose name is shown below. .
9. The Permittee, and Its contractors, shall carry on the construction or repair of the accommodated utility with serious regard to the safety
of the publio..Traffic protection shall be in accordance with Part V of the oufrant lows State Highway CommisslOR Manual on Uniform
Trafflo.Ciontrols. '
Highway commission personnel may supervise flagging operations where considered necessary by the Engineer. The original place -
"M At airDa orad "moral oa completion of the work shall be accomplished br this (Permlttse).(Highway Commissloa).
',(cress out ons)
III.' Operations In the construction and a
malnte of amid utility Installation shall be cattled • inch a mane
nr - . 0:4 _ . , d
of interference to *or distraction of traffic on sal6way.
11. The Permittee shall be responsible for any damage that may result to said highway because of the construction operation, or maintenance
'. of said utility, and shall reimburse the State of Iowa or the Iowa State Highway Commission gor any expenditure that the State of low& or the
Iowa State Highway Commission may have to make on said highway because of said Permitiee'sutility having been iwu:truateu, upeiateu,
and maintained thereon.
12. The Permittee shall Indemnity and save harmless the State of Iowa and the Iowa State Highway Commission from any and all causes of `
':.action, suite at law or In equity,'or Josses, damages,, claims; or demands ,and from any and all liability and expense of whatsoever nature (m,
on account of, or due to the acts or omissions of said Permittee's officers, members, agents, representatives, contractors,. employees or _
assigns wising out of or to connection with Its (or their) use or occupancy of the public highway under this permit.
13. Non-compliance with any of the terms of the Highway Commission policy, permit, or agreement, maybe considered cause for shutdown
of operations or withholding of relocation reimbursement until compliance is assured, or revocation of the permit. The cost of any work caused .
` .to be performedby the State In removal of non -complying construction will be assessed against the Permittee.
14.. A copy of the approved permit shall be available on the job site at all times for examination by Highway officials. "
IS. The following special requirements will apply to this permit:
• RECOMMENDATIONSr. •. . , I. ; r ..; ;, r .. .APPLICANT , -
Recommended for Approval: 'Ionia -Illinois Gas And Electric Company
Name of -Owner
Resident Engineer Date BY_,r'r• .�.- an%✓1 ��G/JQ
Name:{sighature)' -1 ` Title
Address 211 E Washington, Iowa City, Iowa
District Engineer Dale Date Februa gt
280 1979
APPROVAL OFCITY OR TOWN
(If proposed lino is within an incorporated town or city, the Council of said town or city must grant; approval for Installation).
"The undersigned city or town joins In the grants embodied in the above permit executed by the Iowa State Highway
Commission on condition that all of the covenants, and undertakings therein running to the Iowa State Highway Commission
shall inure to the benefit of the undersigned city or town and said permit is approved by the council of such city or town at a
legally constituted meeting of the city council thereof held on
By
City clerk
Date
-APPROVAL OF IOWA STATE HIGHWAY COMMISSION APPROVAL OF BUREAU OF PUBLIC ROADS
By By
Asst. Maintenance Engineer, District Engineer
Date Dale
Notice of Intention to start construction on the highway right -of -way shall be sent to:
Engineer "- Address Telephone
Notice of Intention to start maintenance on the highway rightof-way shall be sent to:
Engineer Address Telephone
5 copies of this applioation will be required for installations on primary roads. s copies will be required for Installation on Interstate .
highways or for primary road extensions.
..-er-•r. r
-..,.. T
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA:
1) That parking is hereby prohibited on the west side of Clinton
Street between Benton and La fa este.
It was.moved,bYr5,, and,aeeonded by Connell' that
the Resolution as read be adopted, and upon roll call there were:'
AYES: NAYS: ABSENT:
_Y Brandt
Connell
Y' Czarnecki
x Hickerson
x White
Passed and approved this 17 day of _ April 19 73
Mayor
ATTEST: �i� fl4u.r LCF cr��
City Clark
4 -door sedan-pol�pecial (Part III) with trade-in of City Equipment
No. 1, No. 105, No. 839, No. 841, No. 846, No. 847, No 848, No 849, No.
described in the specifications heretofore adopted by this Council on q�gtF;- -).850
'Mernh-97 ;19-.73. ;.beand is hereby accepted, the same being the lowest
rP. ons_4h1P bid received for said work.
The Finance Director is hereby directed to execute a purchase order with the
said HARTWTG MOTORS TNC of IOWA CITY
for Thirf�—Fiera Thnnawnd Scac n nnnArod and nty-Two Dollars ($35,722)
It was moved by rnppoTl and seconded by wh;tP that
the resolution as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Passed and approved this 17 day of _April , 191L—.
Xt-/ATTEST: ✓ �
City Clerk f
Mayor
'5
RESOLUTION
NO. 73-160
RESOLUTION MAKING
AWARD OF CONTRACT FOR
TWELVE (12)
AUTOMOBILES
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF IOWA CITY, IOWA:
That the bid of
HARTWIG MOTORS INC.of
IOWA CITY
in the amount of $ 35.722
for the purchase of one (1)
new and
Wised 4 -door sedan-naGsenger (Part
Tl two (2) new and unused
4 -door
4 -door sedan-pol�pecial (Part III) with trade-in of City Equipment
No. 1, No. 105, No. 839, No. 841, No. 846, No. 847, No 848, No 849, No.
described in the specifications heretofore adopted by this Council on q�gtF;- -).850
'Mernh-97 ;19-.73. ;.beand is hereby accepted, the same being the lowest
rP. ons_4h1P bid received for said work.
The Finance Director is hereby directed to execute a purchase order with the
said HARTWTG MOTORS TNC of IOWA CITY
for Thirf�—Fiera Thnnawnd Scac n nnnArod and nty-Two Dollars ($35,722)
It was moved by rnppoTl and seconded by wh;tP that
the resolution as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Passed and approved this 17 day of _April , 191L—.
Xt-/ATTEST: ✓ �
City Clerk f
Mayor
Item Net Cost
Police Patrol Cars (9) $26,960.85
Public Works Administration (1) 2,987.15
Parks $ Recreation.(1)
Transportation (1)
TOTAL
' 2,887.00
2,887.00
35 722.00
Budget_ Variance
$21000.00 $(5,960.85)
3,000.00 12.85
3,200.00 313.00
$27,200.00
1
y
� •
SUh94ARY
AUTOMOTIVE PROPOSALS
-
_ OLD CAPITAL
MOTORS, INC.
HARTWIG MOTORS, INC. ,
Part'I
(1)
;4 Door Sedan
i
(Net)
$ 3,228.24
$ 20987.15
Part
II
(2)
" 4 Door Sedans
'(Net)
5,935.08
5,774.00
Part
III
(9)
4 boor Sedans
(Net)
33,793.20
27,160.85
(Police Special)
TOTAL"..
$420956.52
$35,922.00
Proposal For All
$42,956.52
$35,722.00
Item Net Cost
Police Patrol Cars (9) $26,960.85
Public Works Administration (1) 2,987.15
Parks $ Recreation.(1)
Transportation (1)
TOTAL
' 2,887.00
2,887.00
35 722.00
Budget_ Variance
$21000.00 $(5,960.85)
3,000.00 12.85
3,200.00 313.00
$27,200.00
1
i 'GOf7
NOTICE TO BIDDERS • .';"
Sealed bids will be received;by the City of Iowa City, Iowa at the office
of the Director of Finance in the Civic Center until ten (10) o'clock a.m.,
Central Standard Time,'Friday on the 13th day of April 1973, to be opened by
the City Managerimmediately thereafter for furnishing and delivering the
following equipment in accordance with the specifications now on file in the
office of the City Clerk, Iowa City, Iowa.
One (1) new and unused 47400r sedan, passenger _(Part I), two (2) new
and unused 4 door sedan ,;passenger intermediate (Part II), and nine (9) new
and unused 4-door.sedan--..police,special,(Part III) ,r"Trade in oflone (1)
1969 chevrolet Biscayne 4 -door sedan, City equipment No.y1, one (1) 1968
chevrolet Cheveile 4 -door sedan, City equipment No., 105, two (2) 1971 chevrolet
Biscayne 4 -door sedans City equipment No. 839 and 841,, and five (5) 1972
chevrolet Biscayne 4 -door sedans„ City equipment No. 846, 847, 848, _84_9, 850.
rV Copies of the specifications and proposal forms may be obtained at the
office of the Administrative Engineer, Department of Public Works.
All bids shall be filed on forms furnished by the City of Iowa City, Iowa,
sealed and plainly marked, "Bids ;for 4 -Door Sedans."
Each bid must
drawn on an It'be accompanied,' in a separate envelope', by a certified check
bank'made payable to the Treasurer of the.City of Iowa City,
Iowa, in the sum of not less, than five (5) per cent of the amount of the bid
as security that the bidder will enter into contract with the City of Iowa`
City, 'Iowa.' Said 'check shall not contain conditions either in the body of
the check or endorsement thereon. The envelope must be addressed to the Dir-
ector of Finance.and be endorsed with the name of the bidder and make reference
to the equipment 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 not bid may be withdrawn for a period of thirty (30)
calendar days thereafter. The certified checks of the unsuccessful bidders
will be returned'after,execution of a contract in the _form prescribed by the
City: Council
The bids of Part I and Part II (passenger cars) and Part III (police
special cars) may, be let as one contract or as three separate contracts which-
ever is in the best interest of the City. Payment for the units will be made
within 30 days after acceptance. The City of Iowa City reserves the right to
waive any irregularities when by so doing it would be in the best interest of "s
the City, and to reject any or all bids.
CITY OF IOWA CITY, IOIVA
Attest: Mayor
City Clerk
RESOLUTION N0. 73-161
RESOLUTION APPROVING SANITARY LANDFILL AGREEMENT
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 othermunicipalities 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
1. That the Mayor and City ,Clerk 'are hereby authorized and directed to execute
sanitary landfill contracts with the following:= -
1), Tiffin, Iowa
2) ,Lone 'Tree;'Iowa
3)` Riverside, Iowa
4) (Keokuk County Regional Service Agency
5) North Liberty, Ibwa
6) Solon, Iowa
2. The City Clerk is hereby authorized and directed to certify copies of said
agreement as required by law.
It was moved by H;rkprgnn and seconded by Connell that the Resolu-
tion 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 17 day of April , 1973.
Mayor
ATTEST:
City Clerk
April 20, 1973
Mr. Jay H. Honohan
City Attorney
Office of City Attorney
Iowa City, Iowa
Dear Jay:
AREA CODE 310
TELEPHONE 330.7935
This is to acknowledge receipt of your letter in regard
to thelandfill agreement between the City of North Liberty
and the City of Iowa City,
Please be advised that the City of North Liberty does in-
tend to execute the agreement, but will be unable to do so
until their next Council Meeting which will be held May 1, 1973.
For your information and guidance, the Council is some-
what confused in that after receiving your letter, Councilman
Jerry Zaiser had visited with Councilman Pat White who advised
him that the amount of payment was still not settled and that
Councilman White would advise him when it was. In view of
your letter that left some confusion in the minds of the coun-
cilmen as they felt the matter was apparently not settled,
I have assured them that it is in fact settled and regardless
of Mr. Whites statements to Mr. Zaiser, the Council had
taken a position setting the rates.
Abby Stolfus had called me on Wednesday and I had so ad-
vised her that it was the intention of the City of North
Liberty to execute the agreement.
I trust that this will not create any problems because of
the additional one day delay.
Cordially,'
Marion R. Neely
MRN: pg
E
A G R E E E N T
THIS AGREEMENT, entered -into by and between the City of Iowa City, Iowa,
a Municipal Corporation, hereinafter called -.Iowa City and
Keokuk County Regional.Service Agency
hereinafter called Keokuk
WHEREAS, Iowa City is the owner and operator of a sanitary 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 provide for a sanitary dis-
posal project for its residents, approved by the Commissioner of Public
Health and further provides that said governmental entities may contract
with another governmental 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 Keokuk
wish to enter into an agreement that Keokuk
may use the facilities.of the Iowa City Sanitary Landfill or Sanitary Dis-
posal Project. l
NOW THEREFOR BE IT AGREED BY AND BETWEEN Iowa City and
Keokuk as follows:
1. TERM. That the term of this agreement shall be for a period of
three years, commencing with the date of this agreement, unless terminated
as provided herein.
2. TEIZZINATION BY IOWA CITY.- That this agreement may be terminated
by Iowa City by giving notice to :Keokuk in writing
as prescribed in this agreement one (1) year in advance of the date of the
proposed termination.
3. TERMINATION BY KEOKUK That this agreement may
be terminated by Keokuk 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.
4. EXTENSION. That this agreement may be extended by the parties
upon the execution of an extension agreement. Said extension agreement
Agreement
shall specify the period of the extension and the service rates or charges
to be paid by KPnkuk to Iowa City and may
include such other terms and conditions as the parties may 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 responsible for any
damages incurred by x Pokulc as a result of
Iowa City being unable to operate said project because of the cancella-
tion or rescission of approval for the operation of the sanitary landfill
or sanitary disposal project by Iowa City.
6. OPERATION COSTS AN"D,FINANCING. Iowa City shall be responsible
for all costs incurred in the operation of said sanitary landfill or
sanitary disposal project and the only costs to be incurred by
K oki,k 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
into this agreement in no way obligates Keokuk
as to financing and Keokuk 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 service charge enumerated herein.
7. RATES AND CHARGES. -Keokuk - shall
pay to Iowa City a price per, ton for solid waste delivered to the Iowa
City Sanitary-,Landfill or Sanitary Disposal Project by commercial haulers
.... .
designated by .Keokuk'' '' ' '' as computed by the
following formula:
All charges shall be based upon an annual cost figure to be calcu
lated 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 of solid waste delivered to the sanitary land-
fill. Total annual cost shall include the following:
a) All personnelcostof individuals working at the site;
b) All equipment operating costs at the site including fuel,
- - maintenance, spare parts and insurance and all other equipment
costs and.
c) All operational costs of the site, including clean up
- and maintenance -.provided by;any;other-;division 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,
including 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 surcharge to compen-
sate Iowa City for future landfill site expenses:
The above 'rate shall be charged for all commercial, construction or
industrial haulers from Keokuk` 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 payable on a quarterly basis as billed, pursu-
"-
ant to Section 9 of this agreement. ` On the basis of an estimated 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 Lost shall be for the first year period $2.35. _Estimated cost
-4 -
Agreement
after one year of operation shall be the actual cost for the preceeding
year.
S. 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 Civil Center,
Iowa City, Iowa, .52240. All notices required by_this-agreement to be made
to Keokuk shall be made by mailing, by
ordinary mail, a letter to -
All notices shall be effective, upon receipt by, the addressee. Nothing con-
tained in this paragraph shall -prevent additional or other notice being-
- given and giving notice which would exceed the:requirements of this para-
graph but the requirements of this paragraph shall be the minimum
requirements for notice under this agreement.
9. BILLINGS. " Iowa City shall bill Keokuk
on a quarterly basis as established by the Finance Department of Iowa City.
.Ailling periods may be adjusted to a monthly basis or for other periods,
butshallnot be for aperiod 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 understood and agreed that these billings are charged to
Keokuk and not itsdesignated haulers
and KPnknk - is responsible for the
payment thereof and failure of its.haulers to pay '`Keokuk'
d_;s not relieve Keokuk
of its obligation hereunder.
10. COMPLIANCE WITH LAW.Keokuk' shall
be responsible to see that all designated haulers from''' Keokuk
shall comply with all applicable ordinances,
statutes, regulations of any municipal, county, state or federal gency, or-
jurisdiction
r:jurisdiction and if said haulers or a hauler; from Keokuk
repeats any :violations, this may be grounds for terminating
this agreement or for refusing to alloy: a designated hauler to deliver to
Agreement
the Iowa City sanitary landfill or sanitary disposal project..
11. NOTICE TO COMMISSIONER• Itis understood and agreed that this
agreement is intended to be compliance by Keokuk
with the requirements.placed upon Keokuk
by Chapter 406 of the Code o£ Iowa, and the regulations 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 agreement 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
noticethereof.' If the party in default fails to,.correct its breach within
the said ten day 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 Johnson,County, Iowa.
Dated this :.(i day of April ,' 1973.
CITY OF IOWA CITY KEOKUK COUNTY REGIONAL SERVICE AGENCY
BY: _ BY /�f� �'� L i • i • 1 LA9nA
MAYOR +N4WA CHAIRMAN
A TEST: City Cle lk SEC ETARY
STATE OF IOWA )
JOHNSON COUNTY ) SS
On this Q qday of , A.D., 1973, before me, the
undersigned, a Notary Public in and for said County, in said State,
personally appeared(� L YaRRN�i and Rl3FlE
SlOLIF US to me personally known, who, being
by me duly sworn, did say that they are-the.and City, Clerk,
respectively, of said City of-Iowa'City, executing, the within, and fore
going instrument; that said instrument was signed on behalf of the City
_y_
Agreement
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:
- - FOR=. TIill LEGAL EFFECT .OFTHIi USE. OF THIS. FORM. CONSULT TOUR. LAWYER
STATE OF IOWA, KEDKUK COUNTY, ss
On this 2nd da- Of-' April A.D 19 73 before me the undersigned, a Notary, Public
in and for the State of Iowa, personally appeared Homer 4 v
and:
Almond Mi3 le _ to me personallyknown, who being 6y me duly sworn, did say
- that they are the - Chap *man
'' SPnr a+aT
end y
- respectively, of said corporation executing the within and. foregoing instrument to which
thls,is attached, that
(no .seal has been>procured: by the`-said) corporation; that surd instrument waslsigned-(n'wk7 jn behalf
"i
of
Iticacseadx#ae�dltecaC>tisxbtalmtmoaa6d) -
said corporation by authority of its Board of Directors, end that the said Homer.S. 'Kerr
and '' Almond Miller as such offkers•acknowad d +he execution of; said instrument to 6e the
voluntary act and deed of said corporation, by it'and,by them vol
to Ily xecuted.
Ste hen C. Gerard- , Notary Public in and for the State of, Iowa.
IOWA.STATE BAR ASSOCIATION -
°-
Official Form No. ..12 "..a« •HIM.na.-SbW N 16": Joan �";'„ea•
8.6212—Tin. wf-w o.vm,e.r: e.-1971
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 -
- Tiffin, -Iowa, a Municipal Corporation -
hereinafter called Tiffin
WHEREAS, Iowa City is the owner and operator of a sanitary 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 provide for a sanitary dis-
posal project for its residents, approved:by -the Commissioner of Public
Health and further provides that said governmental.."entities may contract
with another governmental 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; Tiffin"
wish to enter into an agreement that Tiffin
may use the facilities of the Iowa City Sanitary Landfill or Sanitary Dis-
posal Project.
NOW THEREFOR BE IT AGREED BY AND BETWEEN Iowa City and
Tiffin as follows
1. TERM. That the term of thisagreementshall be fora period of
three years, commencing with:the date of this agreement, unless terminated
as provided herein.
II'
2. TERMINATION. BY IOWA'CITY. ,That this":agreement may be terminated
I
by Iowa City by giving notice to Tiffin in writing
as prescribed in this agreement one (1) year in advance of the date of the
_
proposed termination.
f
3. TERMINATION BY TIFFIN That this agreement may,
be terminated ,by Tiffin by giving notice to
Iowa City in writing as prescribed in this agreement ninty (90) days in
I
advance of the date of the proposed termination.
4. 'EXTENSION. That this agreement may be extended by the parties
f
upon the execution of an extension agreement.` Said extension agreement
t
E
Ali
-2 -
Agreement
shall specify the period of the extension and the, service rates or charges
to be paid by Tiffin to Iowa City and may
include such other terms and conditions as the parties may 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 or -
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 responsible for any
damages incurred by Tiffin .as -a-result of
Iowa City being unable to operate said project because of the cancella-
tion or 'rescission of approval for the operation of the 'sanitary 'landfill
or sanitary disposalproject by Iowa City.
6.- OPERATION COSTS AND FINANCING.:.Iowa City shall be responsible
for all costs incurred in the operation of said sanitary landfill or
sanitary disposal project and the only costs.to be incurred by
Tiffin 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
into this agreement in no way obligates Tiffin' f
as to financing and Tiffin 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 service charge enumerated, -herein.<
7. RATES AND CHARGES. Tiffinshall
pay to Iowa City a price per ton for solid waste_ delivered to the Iowa
City Sanitary Landfill or Sanitary_ Disposal Project;by commercial haulers
designated by Tiffin ........ "as computed by the
following formula:
All charges shall be based upon,an:.annual cost figure to be calcu-
-3-
Agreement
fated 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 of solid waste delivered to the sanitary land-
fill. 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 parts and insurance and all other equipment
costs and repairs;
c) All operational costs of the site, including clean up
and maintenance provided by any other division 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,
including 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 costsestimated for the City Manager,
Finance Department, Public Florks Department,;ILegal Department,
and Planning Department.
After establishment of the cost per ton on an annual basis, there
shall be added a ten percent (10%) surcharge. Said surcharge to compen-
sate Iowa City for future' landfill site expenses.:_
The above rate shall be charged: for all commercial, construction or
industrial haulers from Tiffin as designated in
writing. No commercial, construction or industrial hauler not designated
II
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 payable on a quarterly basis as billed, pursu
ant to Section 9 of this "agreement. -On the basis.of an estimated 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
.4._
Agreement -
after one year of operation shall be the actual cost for the preceeding
year.
S. 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 WorksofIowa City, at said Director's office in the Civil Center,
Iowa City, Iowa, 52240. All notices required by this agreement to be made
to Tiffin shall be made by mailing, by
ordinary mail, a letter to
All notices shall be effective upon receipt by the addressee. Nothing con-
tained in this paragraph shall prevent additional or other notice being
given andgiving,notice which would exceed the requirements .of this para—
graph but the requirements of this paragraph shall be the minimum.
requirements for notice under this', agreement.
9. BILLINGS. Iowa City shall bill' Tiffin
-- 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 understood and agreed that these billings are charged to
Tiffin
and not its designated haulers
and Tiffin c
is responsible for the
Payment thereof and failure of its haulers to pay- 'Tiffin
does not relieve Tiffin
of its obligation hereunder.
10. COMPLIANCE WITH LAW. Tiffin'
shall
be responsible to see that all designated haulers from ......
Tiffin
shall comply with'all applicable ordinances,
statutes, regulations of any municipal, county, state or federal gency,'or
jurisdiction and if said haulers or a hauler from* Tiffin
repeats any violations, this may be grounds for terminating
cent or for refusing to allow a designated hauler to deliver to
-s-
AgreeWent -:
the'Iowa City sanitary landfill or sanitary,disposal project.
11. NOTICE TO COMMISSIONER. It is understood and.agreed that this
agreement is intended to becomplianceby Tiffin
with the requirements placed upon Tiffin
by Chapter 406 of, the Code of Iowa, and the regulations of the
Commissioner of Public Health and --that a copy of this agreement will be
filed with the Commissioner of Public Health and itis 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 partyjto this agreement 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 day period, the contract shall be'automatically terminated.
If the breach is corrected, the'contract shall continue on its regular
terms and conditions.
13. RECORDATION. Thisagreement shallbefiled.with the Secretary of
the State of Iowa and the County Recorder of Johnson County, Iowa.
Dated this day of April 1973.
STATE OF IOWA )
SS
JO:L\SON COUNT: )
On this-
Q day of A.D., 1973, before me, the
undersigned, a Notary Public n and for said County, in said State,.
personally appeared C,_ L, RRNWOT and-Rt3B1E
STO LFII, ,: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 fore-
going instrument; that said instrument was signed on behalf of the City
_ AG`REEME-NT
_ THIS AGREEMENT, entered into by and between the City of Iowa City, Iowa,
a Municipal Corporation,' hereinafter called _Iowa City and
Johnson County Iowa
hereinafter called Johnson County
WHEREAS, Iowa City is the owner and operator of a sanitary 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 provide; for a sanitary dis-
posal project for its residents, approved by'the Commissioner of Public
Health and furtherprovides that said governmental entities may contract
with another governmental 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 Johnson County
wish to enter into an agreement that 'Johnson County
may use the facilities of the Iowa City Sanitary Landfill or Sanitary Dis-
posal Project.
is-posalProject. ..,..
_ NOW THEREFOR BE IT AGREED BY AND BETWEEN Iowa City and
Johnson'County as follows:
1. TERM. That the term of this agreement shall be.for a period of
three years; commencing with the date of this agreement, unless terminated
as provided herein.
2. TERMINATION BY_IOWA'CITY. That this agreement may be terminated,
by Iowa City by giving notice to Johnson County in writing
as prescribed in this agreement one (1) year'in advance of the date of the
proposed termination.
3. TERMINATION BY 'JOHNSON COUNTY That this agreement may
be terminated by Johnson County' 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.
4. EXTENSION. That this agreement maY; 'be extended by the parties
upon the execution of an extension: agreement. Said extension agreement :
_z_
Agreement
shall.specify the period of the extension and the service rates or charges
to be paid by Johnson County to Iowa City and may
include such.other'terms and conditions as the parties may 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 _operatedas 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 responsible for any
damages incurred by Johnson:County as a result of
Iowa City being unable to operate said project because of the cancella-
tion 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 responsible
for all costs incurred in the operation of said sanitary landfill or
sanitary disposal project and the only costs to be incurred by
Johnson:County 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'
into this agreement in no way obligates Johnson County
4 as to financing and Johnson County 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 service charge enumerated herein.
7. RATES AND CHARGES.' Johnson County shall
pay to Iowa City -a price per ton for solid waste delivered to the Iowa
City Sanitary Landfill or Sanitary Disposal Project by commercial haulers
'
designated by Johnson' -County as computed bythe
following formula:
All charges shall be based upon -an annual cost figure to be-calcu-
lated 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 of .solid waste delivered to the sanitary land
fill. 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 parts and insurance and all other equipment
costs and repairs;
C) All operational costs of the site; including clean up
and maintenance provided by any other division 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,
including 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 retirementofGeneral obliga-
tion Bonds sold to finance the project;, and
g) Administrative costs estimated for the City Manager,Finance Dep artment,.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 surcharge to compen-
sate Iowa City for future landfill site expenses.
The above rate shall be charged for all commercial, construction or
industrial haulers from Johnson County
as designated in
writing. \o commercial, construction or industrial hauler not designated
in writing by a governmental agency; shall be allowed.to'deposit solid
j
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 payable on a quarterly basis as billed, pursu-
ant to Section 9 of -this agreement. On the basis of an estimated -cost.
At the end oftheyear 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 y period $2.35. Estimated cost
-4 -
Agreement
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 li office in the Civil Center,
Iowa City, Iowa, 52240.,,, All notices required by this agreement to be made
to Johnson County shall be made by mailing, by
ordinary mail, a letter to
All notices shall be effective upon receipt by the addressee. Nothing con-
tained in this paragraph shall prevent additional'or other notice being
given and giving notice which would exceed the requirements of this para-
graph but the requirements of this paragraph shall be the minimum
requirements for notice under this agreement.
9. BILLINGS. Iowa City shall bill Johnson County
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 (M):days of the receipt of said bill.
Failure to pay billings may be grounds for cancelling this agreement by
Iowa City. It is understood and agreed that these billings are charged to
Johnson County and not.its designated haulers
and Johnson County_ is responsible for tha
payment` thereof and failure of its haulers to pay Johnson County
does not relieve Johnson County
of its obligation hereunder.
10. COMPLIANCE WITH LAW. 'Johnson County' shall
be responsible to see that all designated haulers from '
Johnson -.County shall comply with all applicable ordinances,
statutes, regulations of any municipal, county, state -or federal gency, or
- - jurisdiction and if said haulers or.a hauler from Johnson County
repeats any violations, this may be grounds for terminating
this agreement or for refusing to allow a designated hauler to deliver to.
Agreement
the'Iowa City sanitary landfill or sanitary disposal project.
11. :NOTICE 'TO`COMMISSIONER. It is`understood and agreed that this
agreementisintended to be compliance by, Johnson County
with the requirements placed upon ,Johnson County
by Chanter 406 of the Code of Iowa, and the regulations 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 agreement 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,day.period, the contract shall be:automatically terminated.
I£ the breach is corrected, the contract shall continue, onitsregular
terms and conditions.
13. RECORDATION. This agreement shall be filed with the Secretary of
the State of Iowa and the County Recorder of Johnson County, Iowa.
Dated this day of
April , 1973.
CITY OF IOWA CITY JOHNSON COUNTY, IOWA
BY: l ���� EY
ATTEST • City . Cle o JV -r r4o d • rd /;a-
STATE
ZSTATE OF IOW.k )
)
JOFfi�SON COUNTY ) SS n
On this I�R day of �L/1�t(i` ,-A.D., 1973, before me, the
undersigned, a Notary P b is Zn d for said County, in said State,
pets - 1 Y'aPPeared Lt 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 fore-
going instrument; that said instrument was -signed on behalf of the City
i
-
AGREEMENIT
THIS AGREEMENT, entered into by and between the City of Iowa City, Iowa,
a Municipal Corporation, hereinafter.called Iowa City and
Solon, Iowa, a municipal corporation
hereinafter called Solon
WHEREAS, Iowa City is the owner and operatorlof a sanitary 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 provide for a sanitary dis-
posal project for its residents, approved-by-the Commissioner of Public
Health and further provides that said governmental entities may contract
with another governmental 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 Solon'
wish to enter into an agreement that >_ Solon
may use the facilities of the Iowa City Sanitary Landfill or Sanitary Dis-
posal Project. `
NOW THEREFOR BE IT AGREED BY AND BETWEEN Iowa City and
Solon as follows:
1. TERM. That the-term of this agreement shall be for a_period of
three years, commencing with the date of this `agreement, unless terminated
as provided--herein. <
2. TERMINATION BY IOWA CITY. That this agreement may be terminated
by Iowa City by giving notice to Solon in writing
as prescribed in this agreement one (1) year in advance of the date of the
proposed termination. - -
3. TERMINATION BY SOLON That this agreement may
be terminated by Solon' " 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.
4. EXTENSION. That this agreement may be extended by the parties
upon the 'execution of an extension agreement.'..Said extension agreement
-2-
Agreement
shall specify the period of the extension and the service rates or charges
to be paid by Solon
to Iowa City and may
include such other terms and conditions as the parties -may 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 responsible for any
damages incurred by Solon
as a result of
Iowa City being unable to operate said project because of the cancella—
tion 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 responsible
for all costs incurred in the operation of said sanitary landfill or
sanitary disposal project and the only costs to be incurred by
Solon _
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
into this agreement in no way obligates Solon
as to financing and Solon
in no is
acting as guarantor nor pledges any of its credit or 'tax revenues or.
other revenues except to pay the rate or service charge enumerated herein
7 RATES 'AND CHARGES. Solon
shall
pay to Iowa City a price per ton forsolidwaste delivered to the Iowa
City Sanitary Landfill or Sanitary Disposal Project by commercial haulers
designated by Solon '-_
as computed by the
following formula:
All charges shall be based upon an annual cost figure to be calcu—
-3 -
Agreement
lated 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 o£ tons of solid waste delivered to the sanitary land-
fill. 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 ,parts and insurance and all other equipment
costs and repairs; l
c) All operational costs of the site, including clean up
and maintenance provided by any other division; of the Public
Works Department or other department of theiCity; .
d) Capitalized cost of equipment based.upon a five year j
life and the capitalized costs of any capital improvements,
including 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 surchargeto compen-
sate Iowa City for future landfill site expenses.
The above Yate shall be charged for all commercial, construction or
industrial haulers from Solon 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 payable on a quarterly basis as billed, pursu-
ant to Section 9 of this agreement. On the basis of an estimated 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-befortthefirst_year'period $2.35. Estimated cost _.
-4 -
Agreement. _
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 Civil Center,
Iowa City,.Iowa, 52240. All notices required by this agreement to be made
to Solon shall be made by; mailing, by
ordinary mail, a letter to Town Clerk Solon, Iowa 62333
All notices shall be effective upon receipt?by the addressee.: Nothing con-
- tained in this paragraph shall prevent additional or other notice being
given and giving notice which would exceed the requirementsof this "para-
graph but the requirements of this paragraph'shall be the minimum .
requirements for, notice'under this agreement.
9. BILLINGS.' Iowa City shall bill" Solon
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 forcancellingthis agreement by
Iowa City. It is understood and agreed that;.thesebillings are charged to
Solon and not its designated haulers
and Solon is responsible for the
payment thereof and failure of its haulers to pay •Solon
does not relieve Solon
of its obligation hereunder.
10. COMPLIANCE WITH LAW. Solon shall
be responsible to see that all designated haulers from
Solon shall comply; with all applicable ordinances,
statutes, regulations of, any municipal, county, state or federal gency, or
jurisdiction and if said haulers or a hauler from'' Solon.
repeats any violations, this may be grounds for terminating
this agreement or for refusing to allow a designated hauler to deliver to
Agreement
the Iowa City sanitary landfill or sanitary disposal project..-
11. NOTICE TO CO:MISSIONER. It is understood.and agreed that this
agreement is intended to be compliance by Solon
with the requirements placed upon Solon
by Chapter 400 of the Code of Iowa, and; the regulations of the
Commissioner of Public Health and that a copy of this agreement will be
filed with the Commissioner of Public Health and it 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 agreement breaches
any of the terms and conditions hereof, the other: party may elect to declare
this agreement to be in default and terminate sane by'giving ten (10) days
notice thereof. If the party in.default fails to correct its breach within
the said ten day period, the contract shall be.automatically terminated.
If the breach is corrected, the'contract- hall 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 Johnson County, Iowa.--
Dated this day of April 1973.
CITY OFIOWACITY SOLON, IOWA,jA MUNICIPAL CORPORATION
BY:
Na OR OR
ATTEST:_ City ClerV Clirk
STATE OF IOWA ) -
i0'imON COUNTY )
S6
On this �� day of ( LonJ , A.D., 1973, before me, the
undersigned, a Notary Public in and for said County, in said State,
personally appeared - -C, L__ gRmz� T1 and
�������1 , tome. -personally known, who, being
by me duly sworn,.did say that they are.the :payor and City Clerk,
respectively,of said City of Iowa'City, executing the within and fore-
going instrument; that said instrument was';signed on behalf -of the; City
in1D aukL=. =%.L, encerea Ln Lu ,uy.-uau uu LwcC&4 IJ =, -.y
a Municipal Corporation, hereinafter called Iowa City and
Riverside Town A Nri icipn7 ( 3:pn t'lnn
hereinafter called Riverside
WHEREAS, Iowa City is the owner andoperatorof;a sanitary 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 provide for a sanitary dis-
posal project for its residents, approved by the Commissioner of Public
_Health and further provides that said governmental entities -may contract
with another governmental entity for the ,use of its approved project; and
WHEREAS, pursuant to Chapter 26E of the Code of Iowa and Section 406.3
of the Code of Iowa, Iowa City and Riser `a
wish to enter into an agreement that Ri nr to
may use the facilities of the Iowa City Sanitary Landfill or Sanitary Dis-
posal Project.
NOW THEREFOR BE IT AGREED BY AND BETWEEN Iowa City and
Rivnrni rin- a8 follows: -
1. TER,�i. That the term of this agreement shall be for a period of
three years, commencing with the date of this agreement, unless terminated
as provided herein.
2. TERMINATION BY I014A-CITY. That this agreement may be terminated
by Iowa City by giving notice to Rivers de - in writing'
as prescribed _in this agreement one (1) year in advance of the date of the
proposed termination.
3. TEEMINATION BY RTlrrucTnv That this agreement may
be terminated by Ri., r:ai.tn 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.
4. 'EXTENSION.- That this agreement may be extended by _the parties
upon the execution of an extension agreement. Said extension agreement
-2-
Agreement
shall specify the period of the extension and the service rates or charges
to be paid by Riverside to Iowa City and may
include such other terms and conditions as the parties may 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 responsible for any
damages incurred by Riverside
as a result of
Iowa City being unable to operate said project because of the cancella-
tion 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 responsible
for all costs incurred in the operation of said sanitary landfill or
sanitary disposal project and the only costa to be incurred by
Riverside 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
into this agreement:in no way obligates Riverside
as to financing and Riverside
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 service charge enumerated herein.
7. RATES AND CHARGES. Riverside shall
pay to Iowa City a price per ton for solid waste delivered to the Iowa
City Sanitary Landfill or Sanitary Disposal Project by commercial haulers
....designated by Riverside � •.
• as computed. by the
following formula:
All charges shall be based upon an'annual cost figure.to be calcu-
-3—
Agreement
dated 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 of solid ,waste delivered; to the sanitary land-
fill. 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 ,- p parts and insurance and all ocher equipment
costs and repairs;
c) All operational costs of the site, including clean up
and maintenance provided by any other division 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,
including 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 surcharge to compen-
sate Iowa City for future landfill site expenses.
The above rate shall be charged for all commercial, construction or
industrial haulers from Riverside 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
r date warrant such a charge. .
All charges shall'.be payable on a quarterly basis as billed, pursu-
ant to Section 9 of this agreement. On the basis of an estimated cost.
At the end oftheyear 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 Civil Center,
Iowa City, Iowa, 52240. All notices required by this agreement to be made
to shall be made by mailing, ,by
ordinary mail, a letter.to
All notices shall be effective upon receipt by the 'addressee. Nothing con-
tained in this paragraph shall prevent additional or other notice being
given and giving notice which would exceed the requirements of this para-
graph but the requirements of this.paragraph shall; be the minimum
requirements for notice under this agreement.
9. BILLINGS. Iowa City shall bill' '
iii uerafde
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 understood and agraed that these billings are _charged to
and not its designated haulers
and R±m I
Midu is responsible for the
payment thereof and failure of its haulers to pay....
Riverside
does not relieve
its�ereide
of its obligation hereunder.
10. COMPLIANCE WITH LAW.
R shall
-#vers#de
be responsible to see that all designated haulers from " " .....
—Fii1 :e#de shall comply with all applicable ordinances,
statutes, regulations of any municipal, county, state or federal gency, or
jurisdiction and if said haulers or a hauler from''
=—Riaresa#da
repeats any violations, this may be grounds for terminating
this agreement or for refusing to allow a designated hauler to deliver to
-5 -
Agreement
the'Iowa'City sanitary landfill or sanitary disposal project.
11. NOTICE TO CO LffSSIONER.. It is understood and agreed that this
agreement is intended to be compliance by' Riverside
with the requirements placed upon Riverside
by Chapter 406 of the Code.of'Iowa, and the regulations of the
Commissioner'of Public Health and that a copy of this agreament 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 agreement 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 day 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 Johnson County, Iowa.
' rj `
Dated this day of APV11- % •i 1973.
CITY OF IOWA CITY RIVERSIDE, IOWA, A MUNICIPAL CORPORATION
BY:y
MAYO % : �/ :� 7 BY; ' i �L` (/;{ \'(G , c �r�. (/•,(/"�,
"�
' v�YOR
�xz; '�P(2
ATTEST: City Clerk er.c
STATE OF IOWA )
JOiLNSON COUNTY SS
On this day ofA.D., 1973, before me, the
undersigned,, a Notary ub�c and for said County,!in said State
persGn�ally aared h a u and Citi
__to.me'personally ,known, who, being'
by „e duly sworn, did say that ;they are -the Mayor and City Clerk,
respectively, of said City of Iowa'City, executing the within and fore-
going instrument; that said instrument was signed on`.behalf'of the City
-6-
Agreement .
of Iowa City by'authority of its Board—of—Direct-Direct-s; 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 then voluntarily executed.
Notary,Public, in and for the
-State of Iowa.
• -
FOR THE LEGAL EFFECT OF THE USE
^ �( of THIS FORK CONSULT YO Up LAWYER
STATE OF IOWA tt» �L\ . 'f ! S ss:
On this_._ _._...day of ..�.: U tA D 19 `, _
t before me the undersigned a Notary Public
in and for said County, i1. n
' 1, II _j I1in l<
said er4
State,PersonollY appeared ft , l.._.. 1 :
f l----------------------------- and
11 y •.S__ e '� ° �i''•�+ i ........... being duly
_
(respectively, of said corporat)on executing the within and foregoing instrument to..which this is attached, that
no seal has been procured by the said),corporation; that said instrument was signed (and coaled) on behalf of
(the-sea!-offixed-theretC7j he-seelrof-caid).
said corporation by authority of its Board of-Directors; end that the soid r 1 f
andn t.....
..x_ t t and d IL f Li t___� _ as such officers acknowledged the execution of said instrument to be the
voluntary oat and decd of said corporation, by it and by�them -voluntarily executed.
F : \ /
Notary Public in end for said County
IOWA STATE BAR ASSOCIATION - � • ••`• "'•"'•••'
Official Form No. 12a•. -m.,r, u.r , yn•!(I,yQ1
F•FSIS Tn�• MnUnn J..Ur 20. log! n - -
. - IMYw. gM.N M gN.M, .M• � r.��
-4a nvan nzni, enrerea into by and between the City of Iowa City, Iowa,
a Municipal Corporation, hereinafter called Iowa City and
North Liberty, Iowa, a Municipal Corporation
hereinafter called North Liberty
WHEREAS, Iowa City is the owner and operator of a sanitary 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 provide for a sanitary dis-
posal project for its residents, approved by the Commissioner of Public
Health and further providesthatsaid governmental entities may contract
with another governmental 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 North Liberty
wish to enter into an agreement that North Liberty
may use the facilities of the Iowa City Sanitary Landfill or Sanitary Dis-
posal Project.
NOW THEREFOR BE IT AGREED BY AND BETWEEN Iowa City and
North Liberty as follows:
1. TERM. That the term of this agreement shall be for a period of
three years, commencing with the date of this agreement, unless terminated
as provided herein.
2. TERMINATION BY IOWA CITY. That this agreement may be terminated
by Iowa City by giving notice to North Liberty in writing
- as prescribed in this agreement one (1) year in advance of the date of the
proposed termination.'
3. TERMINATION BY NORTH LIBERTY .' That this agreement may
be terminated by North Liberty " 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.
4. 'EXTENSION.: That this agreement may be extended by the parties
upon the execution of an extension agreement. Said extension agreement
-2-
Agreement
shall specify the period of the extension and the service rates or.charges -
to be paid by tlereh#here to Iowa City and may
include such other terms and conditions as the parties may 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 anditis
understood and agreed that Iowa City shall not be responsible for any
damages incurred by as a result of
Iowa City being unable to operate said project because of the cancella-
tion 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 responsible
for all costs incurred in the operation of said sanitary landfill or
sanitary disposal project and the only costs to be incurred by
North hi-bert are the rates or service charges
enumerated in paragraph 31_ of this agreement. Iowa City shall be
responsible for all financing involved in said operation and the entering
into this agreement in no way obligates
_.140FLU.Mertyas to financing and 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 service charge enumerated herein.
7. RATES AND CHARGES. shall
pay to Iowa City a price per ton for solid waste delivered to the Iowa
City Sanitary Landfill or Sanitary Disposal Project by .commercial haulers
designated by No L Ln L tb as computed by the
following formula:
All charges shall be based upon an annual cost figure to be calcu
-3 -
Agreement
lated 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 of solid waste delivered to the sanitary land-
fill. 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 parts and insurance and all_other,equipment
costs and repairs;
c) Ail operational costs of the site, including cleanup
and maintenance provided by any other division 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,
including 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 surcharge to compen-
sate Iowa City for future landfill site expenses.
The above rate shall be charged for all commercial, construction or
industrial haulers from North bib I erty 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 payable on a quarterly', basis as:billed, .pursu-
ant to Section 9 of this agreement.On the basis of an estimated cost.
At the end of the year Iowa City shall calculate the actual cost and
correctionshallbe made as to either a credit or additional billing.
Estimated cost shall be for the first year period $2.35. Estimated cost
-4-
Agreement
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 Civil Center,
Iowa City, Iowa, 52240. All notices required by ,this agreement to be made
to shall be made by mailing, by -
ordinary mail, a letter to -
All notices shall be effective upon receipt by the addressee. Nothing con-
tained in this paragraph shall prevent additional or other notice being
given and giving notice which would exceed the requirements of this para
graph but the requirements of this paragraph shall be the minimum
requirements for notice under this agreement.
9. BILLINGS. Iowa City shall bill'
on a quarterly basis as established by the FinanceDepartment 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 understood and agreed that these billings are charged to
and not its designated haulers
and is responsible for the
payment thereof and failure of its haulers to,pay',''"
Liberty—
does not relieve
'elz Liberty
r
of its obligation hereunder.
10. COMPLIANCE WITH LAW. ey shall
be responsible to see that all designated haulers from'''' "
shall comply with'all applicable ordinances,
statutes, regulations of any municipal, county, state or federal gency, or
jurisdiction and if said haulers or a_hauler from'�iberey--
repeats any violations, this may be grounds for terminating
this agreement or for refusing to allow 'a designated hauler to deliver to
Agreement
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 North Liberty
with the requirements placed upon _North Liberty
by Chapcer 406 of the Code of Iowa, and the regulations 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 agreement 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 day 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 -Johnson County, Iowa.
7)7. .
Dated this �_ day of Aad/ 1973.
CITY_ OF I014A CITY NOW1,11 T.T11E11PY, TOWA, A HIMICTPAT, C111010RATION '
0 �
BY BY: Cd`�
MAYOR . MAYOR
E4L, I -XI 16,4e,
ATTEST: City Clerl Clerk
STATE- OF I014A )
JOHNSON COUNTY )
SS
On this 4-"-�ay of r --Q a� „ A.D., 1973, before me, the
undersigned,'a'Notary Pub i i— n and°for said County, in said State,
pegs nally a geared\ and�-
o , to me personally known;:who, being
by me duly worn, did say; that they:are,the'Mayor; and City Clerk,-
respectively, of said City of Iowa'City executing the within and fore-
going instrument; that said instrument was signed on behalf of the City
_6_
Agreement
of Iowa City by authority of its Boj tK �nkt: r
ors; and that the'said
Mayor and City Clerk as such officers acknowledged the execution of said
instrumenttobe'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.
(! IivrrlY., a( 1.11"1 < "f' p. r(r r , ,•�� and
nu �nnl lr,V ""lair rrr rgr,r 411.1" _ w mo duly
(Ilio snr,lnlliur'l llu wl"r Is�lhn rl' I Ihn „rllrin "• sworn" did sa-
L
- Y Ihn..�1 "rj {"Ilrin mul forogoing mslru w Y
nl ul 1.11"1 � "J d, Ihnl Hoof runt this
said 2or for r'" 1.1id inslrur to hick
! nhon by nullrurily of ;Is rdbr(<• : •., Was signed (and 3is ISO attached, }ho}
rr
and Doo on behalf of
Diroclors;
voluntary act and - and that the said -
deed of said as such officers z`
corporefion, by if end b 1 ,acknowledgod tho
r exoc
Y hoar vt,l r ufiori of
, - rr}iril� ti cut �fL '
f slyd
� ❑rir nl r0 bC Ilio
. w rMf STATE RAR ASSO
AifO lv,fl �l �(//.(t'r ��S L-•'� )
• m
,
.,
_ - "^'+. n. rnvnbr.n.. �"w, •r ,.�,1 / ' f�(otey Public in c �j
rP
"•... fig
end for ilia r5fef
WHEREAS Ordinance No. 2595 authorized the City Council to
establish bicycle paths in Iowa City and to regulate the parking
in same, and
WHEREAS the City Council deems it in the public interest to
allow parking in certain areas wherein bicycle paths have been
established on Sundays, from 6:00 A.M. to 1':00'P.M.
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY
1. That parking shall be allowed in the following areas from 6:00
A.M. to 1:00 P.M. on Sundays.
(a) On Jefferson Street on the north side of the street from
Gilbert Street to Johnson Street.
b) .On'Gilbert Street on the east side of the street from
( Market Street to Jefferson Street.
2. The Public Works Director is hereby 11 authorized and directed to
establish appropriate signs on said streets designating this excep-
tion.
It was moved by r�..Aii and seconded by x�c that
the Resolution as read be adopted and upon roll ca t -ere were:
AYES: NAYS: ABSENT
Brandt
x Connell
Czarnecki
x Hickerson
x White
-Passed and adopted this 17 da of
Y April , 1973
ATTEST: /2I , L
City Clerk
May_a
yor