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HomeMy WebLinkAbout1973-08-21 ResolutionI ' L } AGREEMENT FOR SALE OF LAND FOR REDEVELOPMENT BY A PUBLIC BODY c '.'Agreement") de 'on or as of the �S7 da A E hereinafter called .A reement ma � GREEPI NT Y ( g ) Of A uqL):, 19 13 , by and between the CITY OF.IOWA CITY, IOWA, of the State of Iowa'r(hereinafter; called `"Agency") having its, office at; the Civic Center, in the City of',Iowa City, State, of Iowa, and the STATE UNIVERSITY OF IOWA, of the State of Iowa (hereinafter `called "Public 'Body") having its offices in the City of Iowa City, 'State, of Iowa,WITNESSETH: WHEREAS, in furtherance of the objectives of the Urban Renewal Law, Chapter 403 of the Code of Iowa 1973,, the Agency has undertaken a: program for the clearance and reconstruction''or rehabilitation of slum and blighted areas in the City, of Iowa City (hereinafter called "City"), and in this 'connection is engaged in carrying out an -urban renewal ,projecblknown as_the !!City -University, Project I, Iowa -R-14" (he'inafter'called "Project") in an area (hereinafter called "Project Area") located in the City; and WHEREAS, as of, the date of the Agreement there has been prepared and approved by the jAgency ',an urban renewal plan for the Project consisting of .the Urban Renewal 1 ..Plan dated August 18, 1967;;and approved by; the City Council of the; City .on October 2, 1969, by''Resolution No. 2157, as amended by an undated Plan Modification l thereof, and approved by such Council on April 20,'1972, by Resolution No. 72-159 (which lPlan,'as so modified, and as it may hereafter be amended from time to time pursuant toas so constituted from time 'to'time, is, unless otherwise rlaw, and indicated by.the context, hereinafter.called "Urban Renewal'', Plan"); and a'copy of the Urban Renewal Plan, as constituted on the date of the Agreement, has been filed in the Office of the:Clerk of the City located at the'Civic Center in the City; and in theoffice of the Johnson County Recorder in file number 1 66F folder number 21, and WHEREAS, in order to enable the Agency to achieve the objectives of the Urban Renewal Plan, and particularly to make land in the Project Area available (after acquisitionland clearance -by,the Agency) for redevelopment by a public entity for and in accordance with the uses specified in the Urban' Renewal Plan, both the Federal Government ::and the City have undertaken to', provide, and have provided, substantial aid and assistance to the Agency through a Contract for Loan and`Capital'Grant dated September 2, 1970, in the ;case of the Federal Government. L NOW, THEREFORE, each of the parties hereto, for and in consideration of the premises and the mutual obligations herein, doesherebycovenant and agree with the other, as follows: ARTICLE I. GENERAL TERMS OF CONVEYANCE OF PROPERTY Sec'. 1 Sale and Purchase` Price.' Subject to all the terns, covenants,,' and conditions of the Agreement, the Agency will sell certain real property o Project Area more particularly annexed hereto in th articularl described in Exhibit B and made a part hereof (which property,' as so described, hereinafter called "Property"), to the Public Body for, and the Public Body will purchase the Property and pay to the Agency .therefor, lthe amount of One Hundred, Forty Thousand, One Hundred Sixty and 00/100 Dollars ,($140,160.00), hereinafter called "Purchase Price".Such payment shall be in cash, or by such check as shall' be satisfactory to the'Agency, at the time and place provided herein. Sec. 2 ConIvevance, The 'Agency shall convey to the Public Body, upon payment in full of the Purchase, Price by the Public Body, title to the Property by Special warranty Deed.„ Said conveyance shall, be to: "The State of Iowa for the Use and Benefit of the State University of Iowa". Sec. 3 Delivery of Deed. The Agency shall deliver the Deed and possession of the Property to the Public Body on July '1, 1973, or on such earlier date as'the ,parties hereto may mutually agree in writing. Convey- ance shall be made'at the principal office of ,;the Agency and the Public Body shall accept such conveyance and pay to the Agency at such time and p Price. lace the Purchase Sec. 4 Abstract of Title. Upon delivery of deed and possession, Agency shall also deliver to the Public Body such abstract of title as it has in its possession. ARTICLE II. PREPARATION OF PROPERTY FOR REDEVELOPMENT of Pro ert . The Agency shall, prior to convey- p v �S ec 1'Preparationg . to the Public Body, prepare tile ance'of the Property and without expense Y • P Y Property for redevelopment, which preparation 'shall (consist of the following: Demolition of existing structures, ,backfill 'where :necessary with suitable granular material to one foot below, grade, and level to grade with topsoil ARTICLE III. CONSTRUCTION OF IHPROVEMENTS Sec. 1 Construction Required. Upon acquisition of the Property covered, by this,Agreement,',the Public, Body will seed said Property and use as a:green area until such time as the Public,Body has acquired Urban Renewal Disposition Parcel 95-2 from the City of Iowa City. The redeveloper will then redevelop both Properties by construction, thereon of a combination, of open space landscaped area which will enhance the entrance to the addition to the Main Library of the University of Iowa, and surface parking for automobiles and bicycles, said parking not to exceed 40% of the total development area. This initial improvement shall' be an interim improvement and all plans and specifications and all work by the Public Body with respect to such interim improvement of the Property shalt be in conformity with. the Urban Renewal Plan, this Agreement, and all applicable State and local laws. In addition, the redeveloper may make such permanent improvements on the Property, at!isuch times as it 'consistent deems advisable, so long as any such permanent improvements are with the Urban Renewal Plan, this Agreement, and all applicable State and local laws and further specifically provided that any buildings erected upon the Property shall be setback at least twenty'feet from' the Property line ,where said Property line 'abuts a public street right- of-way. In addition, any buildings constructed on the Property shall ''.. have a maximum height of eight stories. Upon written.request of.thej Agency from time to time, the Public Body will deliver to the Agency, to be retained by the Agency, plans with respect to the improvements to be constructed or otherwise made by the Public Body; on the Property, in sufficient completeness and''detail'to show that the improvements and construction thereof will be in accordance with the provisions of the '- urban 'Renewal Plan and this Agreement. The City Council of the City of Iowa City, Iowa, retains the power to waive all or part of the', require- ments;of this section when such waiver is deemed to be in the public interest. Sec. 2 Time for Construction. The Public Body agrees for itself, its successors and 'assigns, and every successor in interest,to the Property, o:any part, thereof, and the Deed: shall contain covenants or ,any the part of the Public Body for itself and such successors and assigns; that the Public Body shall begin e 'egin the redevlopment of the Property through the construction of the Improvements thereon, within twelve (12),months from the date of the Deed:, and diligently proceed to. i complete such construction within three (3) months from such, date. .It is intended and agreed, and the Deed shall so expressly provide, that the agreements and covenants of the Agreement pertaining to the Improve- ' be covenan ts runnin ,with the land and :that 'they shall, in ments shall g any event, and without regard to technical classification or designation legal or otherwise, and except only as otherwise specifically provided hest extent ermitted by, law and equity, in the Agreement, be, to the fu p binding for the benefit of the community and the Agency and enforceable by the Agency against the Public Body; its successors and assigns, and every successor in interest to the Property, or any part thereof or any interest therein. Sec..3 Report on 'Progress. Subsequent to conveyance of the Property the Public Body, or any part: thereof to h Y> and until construction of the Improvements hasibeen',completed, the Public Body shall, upon written request of the Agency „ make, in such detail.as may reasonably be required b tlie'>Agency, and forward .to the Agency are ort in writing as to the Y_ actualprogress of the'Public Body with respect to such construction. During''such period,, the work of the Public Body shall be subject :to inspection by the Agency. Sec. 4 Access to Property. Prior to delivery of possession of the Property to the Public Body, the Agency shall permit the Public,Body access thereto, whenever and to the :extent necessary to carry out the purposes of this and other 'sections or provisions of the Agreement; and, subsequent to such delivery,' the Public Body shall permit access to the Property by Che Agency and the City' whenever and to the extent necessary to carry out the er`sections o r provisions of the Agreement. purposes of this and'oth •. • -4- l Y after completion 1 eti on o f letion. Prompt Sec. 5 Certificate of Comp s of the Improvements in accordance withtheprovisP ro appropriate, ingstrument so'1e Agency shall furnish the Public Body with an a p p certifying. Such certification` by the Agency itself) el (and it shall be so provided in the Deed and in ,the certification itself) a conclusive, determination of satisfaction and term ination'of the 'agreements and covenants in the Agreement and in the Deed with respect to the obligations ' its successors and assigns, and 'every successor in of the Public Body; to construct the Improvements and the dates interestto the Property, for the 'beginning and completion thereof. All certifications provided for in this Section shall be in such form as will enable them to be recorded with the Recorder of Jolmson County, Iowa. ARTICLE IV. 'LAND USES Sec. 1 Restrictions on Land Use. The Public Body agrees for itself, its successors''and assigns, and every','successor in interest to the Property, art of or any part thereof, and the,Deed'shall contain covenants on;that the pthe Public) the 'Public Body for itself, and such successors and assigns, Body,and such successors and 'assigns; shall: (a) Devote the Property to, and only to and in'accordance with, the _ al Plan'.as same may uses specified in the Urban Renewhereafter,be amended and extended from time to time; and (b) Not,,discriminate upon the basis of race, color, creed, or national origin in the sale, lease, or',ro- rental,or in the use or occupancy of tlart the perty'or any improvements erected or, to be erected'thcreon, or, any p Sec. 2 '. It is inten Effect of Covenants• Period ofDueatthat the agreementsdandd agreed, and the Deed shall so express ly provid covenants provided in this Article IV 'shall be covenants running With the land and that they shall, in any event,' and ,without regard to technical classification or designation, Legal or otherwise, and except only As other - to the fullest wise specifically provided in the Agreement, be, extent per matted by law and equity„ binding for'the benefit and in favor of, and the City, and the enforceable by, the'Agency,.its successors and assigns, United States (in Che case of the nant the Yubliced in Body,sitslvision (b) of successors and Section 1 of this Article IV), g Or anyart thereof assigns, and every successor in interest to the possession'oryoccupancy of the or any interest therein, and any ;.party in p Property or any part thereof. It is further intended and agreed of tile Agreement and covenant provided (a) in subdivision , (a) Article IV shall remain in effect until October 2,'1994, and shall auto- matically_estend,for five-year periods )hof such rSection slclshall �remaiby n -0 ity Council, and (b) in subdivision (b) in effect without limitation as to time. Sec. 3' Enforceabilit b A enc1 and United States. In amplification, tion 2 of this Article IV, and not in restriction, of the provisions of Sec it is intended and agreed 'thal the'Agency shall be deemed a beneficIV,nd a the agreements and covenants provided in Seclion'1 of this Article IV, and , -5- • the: United States shall be dee a beneficiary of the covenant pr ovidedi in subdivision (b) of such Section 1,.both for and in their or its own right and also for the purposes of protecting the interests of the com- munity and the other parties public or private, in whose favor or for who se benefit such agreement and covenants have been provided. Such agreements and covenants shall (and the Deed shall so state) run in:favor of the Agency and the United'States for the entire period during which such agreements and covenants shall be in force, without regard to whether the Agency or the United States i's or has been an owner of any,land or interest therein to, or in favor of, which such agreements and covenants relate. The Agency shall have'the right, in the event of any breach of any such agreement or.covenant, and the United States shall have the right, in the event of any breach of the covenant provided in subdivision (b) of Section 1 of this Article IV, to exercise all the rights and remedies, and to maintain any actions or suits at law or in equity or other proper proceedings to en forcethe curing of such breach of agreement or covenant, to which it or� any other beneficiaries of such agreement or covenant:may be entitled. :ARTICLE V. PROHIBITIONSAGAINST ASSIGMENT AND TRANSFER :Sec. I Representation as to Redevelopment. The Public Body represents and agrees that its purchase of,the,Property shall befor the purpose of redevelopment of the Property in accordance with the Urban,Renewal Plan and the Agreement. Sec, 2 Prohibition Against Transfer of Property and Assignment. The 1 Public Body has not made or created, and will not, prior to the proper co I m-� pletion of the Improvements,las certified by the Agency, make or create, or suffer to be made or created, (a) any total or partial sale, conveyance,: or lease of the Property, or I any part thereof or interest therein, or(b) any :assignment of the Agreement, or any part thereof, or (c) any agreement to do any of the foregoing, without the prior'written�.approval of the Agency. Such approval shall be on such condition as the Agency may in its exclusive discretion determine, including, ,but not limited to, the assump tion by the proposed transferee, by instrument in writing, for itself and its successors and assigns, and for the benefit of the Agency, of all obligations of the Public Body under the Agreement. ARTICLE VI. POIEDIES Sec. 1 Notice of Default. In the event of any default under or breach of any of the terms or conditions of the Agreement by either party hereto, or any successor or assign of, or successor in interest to, the Property, such party or successor shall upon written notice from the other proceed to remedy or cure such default or breach within ninety (90) days after receipt of such notice. In case such action is not taken or diligently pursued or, the default'or breach shall not be cured or remedied within a reasonable time, the aggrieved party may institute such proceedings as maybe necessary or desirable in its opinion to cure or remedy such default or breach or to iJ: d' obtain damages therefor, including but not limited t proceedings cee ins top o g compel specific performance by the party in 'default or breach of its obligations. Sec. 12 Termination by Public Body. In the event that the Agency does not tender''conveyance'of the'Property or possession thereof in the '',manner and condition, and ,by the date,, provided in the Agreement and any such failure, shall not be cured within ninety (90) days after written demand by the Public Body, then the`Agreement-'shall at the 'option of the Public Body be terminated, and neither theAgency nor the Public Body shall have any further rights against or liability to the other 'under the Agreement. Sec. 3 Termination by Agency. In the event that prior to conveyance of the Property to the Public Body and in violation of- the 'Agreement the Public 'Body (and any successor in interest)'.assigns or attempts to assign the Agreement or any rights herein or in the Property, or the Publics Body does not pay ,the Purchase Price for,and take title to.the Property upon proper tender, of conveyance by the Agency pursuant to the Agreement,;then the Agreement and any 'rights of the Public Body,or any successor or assign of the Public 'Body or ',transferee of the Property under the Agreement or arisingtherefrom, with respect to the "s Agency or the Property,.shall,at the option of the Agency be terminated by, the Agency. In such event, except for the right of the: Agency to damages for:such:breach afforded by law neither the Public Body (or assignee'or transferee) nor the 'Agency,shall have any fur- ther rights against or liability tolthe other under the Agreement. Sec. 4 Delays Beyond Control of Parties. For the purposes of 'the Agreement, 'neither ,the 'Agency nor the Public Body, as the case mayl,be, nor any successor of either of ,them shall be considered in breach of or in default under its obligations with respect to the preparation of the Property for°redevelopment,:or the beginning,and,completion of construction'of the Improvements, or progress in respect thereto, in the event of enforced delay',' in the performance of such obligations due to unforeseeable causes beyond its control and without its fault or negligence, including, but not restricted to, acts of God, acts of the public enemy;: acts of the, Government, acts of the other party, fires, 'floods, epidemics;' quarantine restrictions, strikes, freight embargoes, and unusually severe weather, or delays of subcontractors due to such causes; it being the purpose and ;intent of this provision that, -. in the event of the occurrence of any, such enforced delay,: the time:or times for performance of the obligations of the Public Body with respect to con- struction=of the Improvements, as the case may be,.shall be extended for the , period of the !enforced delay;,, provided,. that the party seeking the benefit of the provisions of this Section shall, within thirty (30) days after the beginning of any such enforced delay; have first notified the other party , thereof in writing, and of the cause ,or causes thereof and requested an extension for the period of the enforced' delay. Sec. 5 Rights and Remedies Cumulative. The rights and remedies of the parties to the Agreement, whether! provided by law or by the Agreement, shall be cumulative, and the, exercise by either party of any one or more of such remedies shall not preclude the exercise by it, at the same or different times, of any other such remedies for the same default or breach, or of any i i i f!i of its remedies for an other Y he default or breach a h by the other part No waiver made by either ,party with respect to the Y p performance, manner or time thereof, or any obligation of the other party or any condition to its own obligationunder the Agreement shall be considered a waiver of any rights of the party making the waiver with respect to the particular obligation of the other party or condition to its own obligation beyond those, expressly waived and to the extent thereof, orla waiver in any respect'' in regard to any other rights of the party making the ,waiver 'or any other obligations of the other party. No such waiver shall -,be valid unless it is in writing duly signed by the party `waiving ;the right or rights, ARTICLE VII, MISCELLANEOUS PROVISIONS Sec, 1 Conflict of Interest, No member, official, or employee of the Agency shall have any personal interest, direct or indirect, in the Agreement, nor shall any such member, official, or employee participate,: in any decision relating to the Agreement which affects his personal interests or the interests of any corporation, partnership, or association in which he is„ directly or indirectly;' interested.. No member, official,: or employee of ,the Agency shall'be,personall ,liable to the b Y Public Body or any successor in interest in the event of any default or; breach by, the Agency or for any amount which may ,become due to the Public Body or successor or on any obligations under the terms of the Agreement. i Sec, 2 Equal Employment Opportunity. The Public Body, for itself, and its successors and assigns,: agrees that it will include the following provisions of this Section 2 inlevery contract or purchase order which may hereafter be entered into between the;Public'Body and any party (hereinafter in this Section called "Contractor") for or in connection with ;the con- struction of the Improvements,, or an thereof Y part provided"for in the Agreement unless such contract or purchase order is exempted by rules, regulations, or orders, of the Secretary, of Labor'issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965: "Sec, Equal Emplovment Opportunity, During the performance of this contract, the Contractor agrees with.the Public Body as follows: (a) The Contractor will not discriminate against any employee or, applicant for employment because of race creed, color, or national origin, and after.October 13, 1968, because of 'race, color; religion, sex, or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employ- ment, without regard to their race, creed, color, or` national' origin, and after October 13, 1968, without regard to their race, color,, religion,' sex, or national origin. Such action shall include, but not be limited to, the following: employment,' upgrading, demotion, oritransfer; recruitment or' recruitment advertising; layoff or termination; rates of pay or other 'forms of compensation; and selection for training, including apprenticeship, The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Agency' setting forth therovisions of this P non-discrimination amination clause. P,,,; y v. • -8- • i (b) The Contractor will, in all solicitations or advertisements for'employees'placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, creed,' color,' or national origin, and after October, 13, 1968, without regard to race,, color, religion, sex', or national origin. (c)' The Contractor will send to'each labor union or representative of workers with which the Contractor has a collective bargaining agreement or other contract or understanding a'notice,'to be provided,'advising the labor union or worker's representative of the Contractor's commit- ments under Section 202 of'Executive'Order 11246 of September 24,'1965, and.shall post '', copies of the `notice _in conspicuous places' available to employees and applicants for employment. (d)', The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules,' regulations, and relevant orders of the Secretary of Labor. (e)j The Contractor will 'furnish all information and reports re quired',by Executive Order 11246 of September °24, 1965, and by, the rules, regulations,, and orders of the Secretary of Labor or the Secretary of Housing and Urban Development pursuant thereto, and will permit access to the Contractor's books, records, and accounts by 'the Agency, the Secretary of Housing and Urban Development, and the Secretary of Labor, for purposes of investigation' to ascertain compliance with such rules, regulations, and orders. (f) In the event of the "Contractor's noncompliance with the non- discrimination clauses on-discrimination'.clauses of this contract or with any of such rules, regulations, or orders,; this contract may be cancelled, terminated, or suspended in whole or in part and the Contractor may be declared ineli- gible for further Government contracts 'or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24,j1965,'or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided' by law. (g)! The Contractor will include, the provisions of Paragraphs (a) through;,(g) of this Section in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any, construction con- tract, subcontract, or purchase order as the Agency or the Department of Housing and Urban,Development may direct as'a means' of enforcing such pro- visions, including sanctions for, noncompliance: Provided; however, that in the ,event the Contractor becomes involved in, or is threatened with,litiga- tion with a subcontractor or vendor as a'result of such direction by the Agency or the Department of Housing and Urban Development, the Contractor may request the United States to enter into such litigation, to protect the interests of the United States."' I wrr!, VtJHC.S i. .'CAPITOLBUI DES MOINES, 10 A G: Sill S' 20 July ,31 Ht- JC1duty 60,197 a, authoiized rhe SC1Ce;130a1'd of IlCgZnCS to.jiutchase cc property. located at 120 West l3urli igtoin Street, Iowa r Iowa, from. the City of lova City, !for, 'the' use and. b� of the AUmve `sjtybf Iowa, "said piola { Lots 5, .6, 7 and S in 131ock 95, L�V Jl.11Ul.0 U5 lullo s: •'.. ma City, . lowa, •eof, consisting . 1 1 EN I G NEER S REPORT MM� J �. GILBERT STREET BRIDGE PROJECT August 21,'1973 ' To the Honorable Mayor and City Council Iowa City Iowa Honorable Mayor and Gentlemen: Mr. Lou G. Giesking of Powers -Willis and Associates, consulting engineers, and I hereby certify that the improvements, involving the construction of the Gilbert Street Bridge, as included in a contract between the City of "Iowa City and Schmidt Construction Company, Inc. of Winfield, Iowa, ,dated August -22; 1973,Ihas been completed by saidcontractor in substantial, - accordance with, the plans and specifications governing said:improvement. IVe'further certify that the improvements, as constructed, included the following construction costs: 'a TOTAL CONTRACT PRICE $ 111,737.15 TOTAL PREVIOUSLY PAID 100,$63.43 TOTAL DUE CONTRACTOR $ 11,173.72 Respectfully submitted,bmitted, i George R. Bennett,' P.E. Deputy Director/City Engineer GRB/mjc i I I f _ - -- - AHLERS. GOONEY. DORWEILER. ALLBEE & HAYNIE. LAWYERS. DES MOINES. IOWA RESOLUTION 7 S TION N0: 73-373 i 7 (RESOLUTION ORDERING CONSTRUCTION, APPROVING'PLANS,; n (SPECIFICATIONS AND FORM OF CONTRACT AND NOTICE TO (BIDDERS, FIXING AMOUNT OF BIDDER'S CHECK, AND \ (ORDERING CITY CLERK TO PUBLISH NOTICE TO'BIDDERS AND FIXING A DATE FOR RECEIVING SAME„ AND FOR A !PUBLIC'' HEARING ON PLANS,, SPECIFICATIONS AND FORM OF CONTRACT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: That the construction of The Transit Building ModificationProject is hereby ordered,'to be constructed. BE ITFURTHER RESOLVED that the detailed plans and specifications as prepared, by Powers -Willis & Associates Iowa City, Iowa forithe:construction of said Transit Building Modification ''i for the City of Iowa City , Iowa and the form of contract and.Notice to Bidders, as prepared by the CityyAttorney,'be and the same are.hereby' approved, -;andare hereby ordered placed on file in the office of the City Clerk for public inspection. BE IT;FURTHER RESOLVED, that the amount of the check to accompany each bid shall be in the amount of $1,500. BE IT FURTHER RESOLVED, that the City Clerk is hereby directed to adver- tise for: bids for,the construction of said improvements;' bids to be received by the City. Manager in behalf of the City Council of the City of Iowa City, Iowa, up to 10:00 o'clock AM. on the 13th day of September 19 73 and to,be opened by -the City Manager at a public meeting to be presided over by him at that time,i'and 'thereupon referred to the City Council for action upon said bids at a'meet'ing to be held at the Council Chambers, Civic Center, Iowa City, Iowa, on the 18th day of September 19 73 , at _4:00 o'clock PM. Notice to Bidders ',is;to be published once each week for two consecutive 'weeks in the Iowa City Press -Citizen, a 'legal newspaper, printed wholly in the English language, the ,first publication to be noN less than fifteen clear: days prior to'the: :date :fixed for said letting. In the absence of the City -Manager said bid opening may be conducted by any city official to whom such power:has been delegated by Ordinance. BE IT, FURTHER RESOLVED, that the Council hold a public hearing on the matter of the 'adoption of 'proposed plans, specifications and form of contract' . for the making of said improvements, which documents are now on file in the office of the City Clerk, said hearing to be held at the place last above mentioned on the' 11th day of September 19 73, at 4:00 o'clock PDL; and that the City Clerk give notice of said hearing by; publication once in a local legal newspaper, printed wholly in the 'English language, at least ten clear days 'prior ''to the date fixed therefor. It was moved by connnn 11 and seconded by Hickerson that the resolution as 'read be adopted and upon roll call there were: is RESOLUTION No. 73-373 AYES: NAYS: ABSENT: Brandt x Connell X Czarnecki x Hickerson x White x Passed: this 21st day of August 19 73 Mayor. ATTEST: City Clerk Ey. -5 -rp- E i- 0--a 0 PO4 L'. rl 7-.1?. t. L -r O'V:45rX1--WY1v(., i-4)LU Ey /z, 7-1,ve, 6-r.Liet:-r 1-1d,.-er -1-o 13'G 0 Lle,,V7 N. V 11/cfaevzy V14evrz Mr. Ray Wells July, 5, 1973', Page 2 It should also be agreed" that should' any selected compe-' titive alarm company who would lease space from the Iowa City; Alarm Company' be, sold; go out of business, or be taken over by"another 'business 'or"company, any continuing lease arrangements be null and void and berenegotiated with the new company.' I offer these few concessions:for your perusement and legal staff to further develop. It is with sincere hope that you accept them in the'good faith that they are presented. i I remain, Sincerely yours, %tee!< W. Keith l,; geon WKS ;'dks cc: David Epstein ;j ,