HomeMy WebLinkAbout2009-02-24 Resolution"'~ 3c 10
Prepared by: Marian K. Karr, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5043
RESOLUTION NO. 09-51
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/her filing an application, having endorsed thereon
the certificates of the proper city officials as to having complied with all regulations and
ordinances, having a valid beer, liquor, or wine license/permit, to wit:
Sheraton Iowa City - 210 S. Dubuque Street
Passed and approved this 4th day of bruar , 20 09
R
Appro ed by
ATTEST: _~~
CIT 'LERK
~/ G~~
City Attorney's Office is ~>~B~
It was moved by Champion and seconded by
Resolution be adopted, and upon roll call there were:
AYES
~_
x
x
x
~-
x
~-
NAYS
O'Donnell the
ABSENT:
Bailey
Champion
Correia
Hayek
O'Donnell
Wilburn
Wright
3f 1
Prepared by: Sara F. Greenwood Hektoen, Asst. City Atty., 410 E. Washington St., Iowa City, IA 319-356-5030
RESOLUTION NO. 09-52
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY
CLERK TO ATTEST A TRAIL EASEMENT AGREEMENT AND A SANITARY
SEWER EASEMENT AGREEMENT AND TO RELEASE CERTAIN
EASEMENTS LOCATED ON 820 AND 830 S. RIVERSIDE DRIVE, IOWA
CITY, IOWA.
WHEREAS, the City of Iowa City has approved the site plan for the redevelopment of 820
and 830 S. Riverside Drive, Iowa City, Iowa; and
WHEREAS, in order to facilitate the redevelopment of this site, the Owner desires to convey
to the City a trail easement and a sanitary sewer easement; and
WHEREAS, the Owner has also requested that the City release a watermain easement, two
sanitary sewer easements, and a utility easement; and
WHEREAS, Staff recommends entering into the sanitary sewer easement agreement and the
trail easement agreement, as well as releasing the existing enumerated easements as they
are no longer needed in their present location.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
1. The City Council finds it is in the public interest to release the watermain, sanitary
sewer and utility easements as stated on the Release of Easements attached hereto
and to enter into the sanitary sewer easement agreement and the trail easement
agreement attached hereto.
2. The Mayor is hereby- authorized to sign, and the City Clerk to attest, the Release of
Easements, Trail Easement Agreement and Sanitary Sewer Easement Agreement
attached hereto.
3. The City Clerk is hereby authorized and directed to certify a copy of this Resolution
for recordation in the Johnson County Recorder's Office, together with the attached
documents, said recording costs to be paid by IC Staples Ltd.
Passed and approved this 24th day of February , 2009.
_ ATTEST: ~/--u-~~ ~ • ~~
CI LERK
by
~~, , ~O.ylyll7J~~ ~r'""~~
Attorney's Office ~ /~/off
Resolution No. 09-52
Page 2
It was moved by Champion and seconded by
adopted, and upon roll call there were:
AYES:
NAYS:
~-
x
x
X
X
x_
~-
0' Donnell the Resolution be
ABSENT:
Bailey
Champion
Correia
Hayek
O'Donnell
Wilburn
Wright
wpdata/glossary/resolution-ic.doc
Prepared by and after Michael J. Pugh One South Gilbert Street Phone (319) 466-1511
recording return to: Bradley & Riley PC Iowa City, IA 52240 FAX (319) 358-5560
TRAIL EASEMENT AGREEMENT
THIS AGREEMENT, made and entered into by and between I C Staples, Ltd.,
an Ohio limited liability company (Owner), which expression shall include its
successors in interest and assigns, and the City of Iowa City, Iowa (the City), which
expression shall include its successors in interest and assigns.
It is hereby agreed as follows:
For the sum of $1.00 plus other valuable consideration, the receipt of which is
hereby acknowledged, Owner hereby grants and conveys to the City an easement
for the purpose of establishing a public trail over and across the area designated as
°Trail Easement" as shown on the easement plat attached hereto as Exhibit °A°
hereafter described as "easement area."
Owner further grants to the City:
1. The right of grading said easement area for the full width thereof, and
to extend the cuts and fills for such grading into and onto said lands to such extent
as the City may find reasonably necessary.
2. The right from time to time to trim, cut down and clear away any and all
trees and brush on said easement area and also to trim, cut down and clear away
any trees on either side of said easement area which now or hereafter in the opinion
of the City may be a hazard to said easement area, or which may interfere with the
exercise of the City's rights hereunder in any manner.
3. The City shall promptly backfill any trench made by it, and repair any
damages caused by the City within the easement area. The City shall indemnify
Owner against unreasonable loss or damage which may occur in the negligent
{00588373.DOC}
-2-
exercise of the easement rights by the City. Except as expressly provided herein,
the City shall have no responsibility for maintaining the easement area.
4. Owner reserves the right to use said easement areas for purposes
which will not interfere with the City's full enjoyment of the rights hereby granted;
provided that the Owner shall not erect or construct any building, fence, retaining
wall, or other structure, plant any trees, drill or operate any well, or construct any
reservoir or other obstruction on said areas, or diminish or substantially add to the
ground cover over said easement areas, unless approved by the City through the
site plan or building permit process. Fences, trees and/or other improvements
placed in the easement area, with or without City approval, may be removed by the
City without compensation or replacement.
5. Owner does hereby covenant with the City that it is lawfully seized and
possessed of the real estate above described, and Owner has a good and lawful
right to convey it, or any part thereof.
6. Nothing in this Agreement shall be construed to impose a requirement
on the Owner to install the original public improvement at issue herein. Nor shall
City be deemed acting as the Owner's agent during the original construction and
installation of said improvement. After a public trail is constructed by City on the
easement area, City shall bear the responsibility of maintaining the public trail,
including snow and ice removal and general maintenance thereof.
7. The provisions hereof shall inure to the benefit of and bind the
successors and assigns of the respective Parties hereto, and all covenants shall
apply to and run with the land and with the title to the land.
c d.
Dated this 2 3 day of January, 2009.
I C STAPLES, LTD.,
an Ohio limite 'ability c mpany
By: ~ ~--
h ~ 's co ns i 7Z ,Management Agent
CITY O WA CITY, IOW
By:
Re i Bailey, Mayor
ATTEST:
By:
'ran K. Karr, City Clerk
{00588373.DOC}
-3-
STATE OF OHIO )
ss:
COUNTY OF
This instrume t was ack ledged before me on this a~ R~ day of January,
2009 by Anthono ~scoo~s~9i"as Management Agent of I C taples, Ltd.
Notary Public in "' for said Sate
.~P~,~~~ s`,. DC~1~NA J. SWPEfARSKI
STATE OF IOWA 9"" Notary Pubiic, State of Ohio
) _ ~ `" Summit County
o M~, Commission Expires
COUNTY OF JOHNSON ) ss ~'Te aF °~ Mareh 25, 20'09
.{.~ ~F.8,2uar~,y Y 4
On this ~-4 day of , 2009 before me, the undersigned, a Notary Public
in and for said County and State, personally appeared Regenia Bailey and Marian K.
Karr, to me personally known, who being by me duly sworn, did say that they are the
Mayor and City Clerk, respectively, of the City of Iowa City, Iowa, a municipal
corporation; that the seal affixed to the foregoing instrument is the corporate seal of the
corporation, and the instrument was signed and sealed on behalf of the corporation by
authority of its City Council, and the said Mayor and City Clerk did acknowledge the
execution of the instrument to be their voluntary act and deed and the voluntary act and
deed of the corporation, by it voluntarily executed.
o,,~`'A~s SONDRAEFOR7
z ~ Commission Number 159791
My Commission Expires S ~,~„~ ~~
ow 3 ao Notary Public in and for said State
{00588373.DOC}
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Prepared by and after Michael J. Pugh One South Gilbert Street Phone (319) 466-1511
recording return to: Bradley & Riley PC Iowa City, IA 52240 FAX (319) 358-5560
SANITARY SEWER EASEMENT AGREEMENT
THIS AGREEMENT, made and entered into by and between I C Staples,
Ltd., an Ohio Limited Liability Company (Owner), which expression shall include
its successors in interest and assigns, and the City of Iowa City, Iowa (the City),
which expression shall include its successors in interest and assigns.
It is hereby agreed as follows:
For the sum of $1.00 plus other valuable consideration, the receipt of
which is hereby acknowledged, Owner hereby grants and conveys to the City an
easement for the purposes of excavating for and the installation, replacement,
maintenance and use of such sewage lines, pipes, mains, and conduits as the
City shall from time to time elect for conveying sewage, with all necessary
appliances and fittings, for the use in connection with said lines, together with
adequate protection therefor, and also a right of way, with the right of ingress
and egress thereto, over and across the area designated as "Sanitary Sewer
Easement° as shown on the Easement Plat, attached hereto as Exhibit "A",
hereafter described as "easement area."
Owner further grants to the City:
1. The right of grading said easement areas for the full width thereof,
and to extend the cuts and fills for such grading into and onto said lands.
2. The right from time to time to trim, cut down and clear away any
and all trees and brush on said easement areas and also to-trim, cut down and
clear away any trees on either side of said easement areas which now or
hereafter in the opinion of the City may be a hazard to said easement .areas, or
which may interfere with the exercise of the City's rights hereunder in any
manner.
{005915p6.DOC}
-2-
The City shall promptly backfill any trench made by it, and repair and
restore any damages caused by the City within the easement areas to the
original condition of the easement area to the extent reasonably possible. The
City shall indemnify Owner against unreasonable loss or damage which may
occur in the negligent exercise of the easement rights by the City. Except as
expressly provided herein, the City shall have no responsibility for maintaining
the easement areas.
Owner reserves the right to use said easement areas for purposes which
will not interfere with the City's full enjoyment of the rights hereby granted;
provided that the Owner shall not erect or construct any building, fence,
retaining wall, or other structure, plant any trees, drill or operate any well, or
construct any reservoir or other obstruction on said areas, or diminish or
substantially add to the ground cover over said easement areas, unless
approved by the City through the site plan or building permit process. Retaining
walls, fences and/or other improvements placed in the easement area, with or
without City approval, may be removed by the City without compensation or
replacement.
Owner does hereby covenant with the City that it is lawfully seized and
possessed of the real estate above described, and Owner has a good and lawful
right to convey it, or any part thereof.
Nothing in this Agreement shall be construed to impose a requirement on
the City to install the original public improvement at issue herein. Nor shall
Owner be deemed acting as the City's agent during the original construction and
installation of said improvement. Parties agree that the obligation to install the
public improvement(s) herein shall be in accordance with City specifications, and
the obligation shall remain on Owner until completion by Owner, and until
acceptance by the City, as by law provided.
The provisions hereof shall inure to the benefit of and bind the
successors and assigns of the respective Parties hereto, and all covenants shall
apply to and run with the land and with the title to the land.
ra
Dated this ~ 3 day of January, 2009.
I C STAPLES, LTD.,
an Ohio limited liabilit company
By: ~ ~'~'
{00591506.DOC}
-3-
A~ k~i V + Stcros~ ~-; Management Agent
CITY OF IOWA CITY, IOWA
C
By.
Re Bailey, Mayor
ATTEST:
By: ~ia~J ~. ~C'atiJ
ian K. Karr, City Clerk
STATE OF OHIO
ss:
COUNTY OF ,p~
This instrument was acknowledged before me on this~~/~ day of
January, 2009 by e~lhnni Vi~c!ensi ~ Management Agent of I C Staples,
Ltd.
I,
V
Notary Public in or said State
,~,~,.'~~"• r,~~,Ih4A J. SWIDARSICI
STATE OF IOWA ) _ -..~ nee '' ~'!blic, state o1 Ohio
-^~it County
) SS iPr ~'~ ,~'' ~ssion Expires
'Te br,°' ~5, 20'9
COUNTY OF JOHNSON ) r ~°
{~.. .
F~~Ry :~
On this ~~ day of ~daaua~q; 2009 before me, the undersigned, a Notary
Public in and for said County and State, personally appeared Regenia Bailey and
Marian K. Karr, to me personally known, who being by me duly sworn, did say that
they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa, a
municipal corporation; that the seal affixed to the foregoing instrument is the
corporate seal of the corporation, and the instrument was signed and sealed on
behalf of the corporation by authority of its City Council, and the said Mayor and City
Clerk did acknowledge the execution of the instrument to be their voluntary act and
deed and the voluntary act and deed of the corporation, by it voluntarily executed.
o~pRiA~~~ SQNDRAE FORT
_ ~ Commission Number 159791
My Commission Expires
iow a
Notary'Public in and for said State
{005915p6.DOC}
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Prepared by and after recording return to:
Sara F. Greenwood Hektoen, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5b30
RELEASE OF EASEMENTS
For the consideration of One Dollar ($1.00) and other valuable consideration, the City
of Iowa City does hereby release all its right, title and interest in and to the permanent
easements held by the City by virtue of the Easements recorded in Book 180, at Page 172;
Book 201, at Page 33; Plat Book 5, at Book 74; Book 230, at Page 339; Book 480, at Page
421; Book 16, at Page 12 of the records of the Johnson County, Iowa, Recorder, as shown
on the Easement Release Plat, attached her as Exhibits "A", " ", "C'' and "D".
App~,ved by
ATTEST: ,f'~r~'~C-t.c~. ~~~~
CI LERK City Attorney's Office
STATE OF IOWA )
ss:
COUNTY OF JOHNSON )
On this a4~ day of February, 2009 before me, the undersigned, a Notary Public in
and for said County and State, personally appeared Regenia Bailey and Marian K. Karr, to me
personally known, who being by me duly sworn, did say that they are the Mayor and City
Clerk, respectively, of the City of Iowa City, Iowa, a municipal corporation; that the seal affixed
to the foregoing instrument is the corporate seal of the corporation, and the instrument was
signed and sealed on behalf of the corporation by authority of its City Council, and the said
Mayor and City Clerk did acknowledge the execution of the instrument to be their voluntary act
and deed and the voluntary act and deed of the corporation, by it voluntarily executed.
~.wu ~, SONDRAE FORT
i v~ Commission Number 159791
My Commission Expires
. iaw 3 10
S~„d,.~, ~rsr~
Notary Public in and for the State of Iowa
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Prepared by: Sara F. G. Hektoen, Asst. City Atty., 410 E. Washington St., Iowa City, IA 319-356-5030
RESOLUTION NO. 09-53
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK
TO ATTEST A STORM WATER MANAGEMENT EASEMENT AGREEMENT
PERTAINING TO JOHNSON COUNTY JOINT EMERGENCY
COMMUNICATION CENTER, 4529 MELROSE AVENUE, IOWA CITY, IOWA
WHEREAS, the Joint Emergency Communications. Services Association of Johnson
County (JECSA) desires to develop 4529 Melrose Avenue, Iowa City, Iowa, which is
owned by Johnson County, Iowa; and
WHEREAS, to facilitate that development, the City requires that Johnson County
and JECSA convey to it a storm water management easement; and
WHEREAS, Staff recommends entering into the attached storm water management
easement agreement for the efficient provision of public utilities to this site.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF IOWA CITY, IOWA, THAT:
1. The City Council finds it is in the public interest to enter into the storm water
management easement agreement attached hereto.
2. The Mayor is hereby authorized to sign in triplicate, and the City Clerk to
attest, the Storm Water Management Easement Agreement attached hereto.
3. The City Clerk is hereby authorized and directed to certify a copy of this
Resolution for recordation in the Johnson County Recorder's Office, together
with the attached documents, said recording costs to be paid by Johnson
County Joint Emergency Communications Center.
Passed and approved this 24th day of February , 2009.
ATTEST:
CITY LERK
Appro ed by:
r vt ~Z.c~(,~'~ ~~~
~. ~ -
City Attorney's Office o2 ~~ ~o f'
Resolution No. 09-53
Page 2
It was moved by ham~on and seconded by o'nonneli the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
x Bailey
x Champion
x Correia
X Hayek
x O'Donnell
X Wilburn
x Wright
wpdata/glossary/resolution-ic.doc
Prepared by and Return to: Sara F.G. Hektoen, Asst. City Atty, 410 E. Washington Ave., Iowa City, IA 52241;
(319)356-5030.
STORM WATER MANAGEMENT EASEMENT AGREEMENT PERTAINING TO
JOINT EMERGENCY COMMUNICATION CENTER OF JOHNSON COUNTY,
4529 MELROSE AVENUE, IOWA CITY, IOWA
THIS AGREEMENT, made and entered into by and among JOHNSON COUNTY,
IOWA (Owner), the JOINT EMERGENCY COMMUNICATIONS SERVICES
ASSOCIATION OF JOHNSON COUNTY (Lessee) and the CITY OF IOWA CITY, IOWA
(the City) which expression shall include their successors in interest and assigns.
WITNESSETH:
It is hereby agreed as follows:
For the sum of $1.00 plus other valuable consideration, the receipt of which is
hereby acknowledged, Owner and Lessee, as each entity's interest allows, hereby grant and
convey to the City an easement over the area described with particularity on the Storm
Water Management Easement Plat, attached hereto as Exhibit "A", for the purposes of
grading, installing, maintaining and servicing a storm water detention facility or portion
thereof, and for excavating for and the installation, replacement, maintenance and use of
such storm water lines, pipes, mains, conduits and drainage ways as the City shall from
time to time elect for conveying storm water to or from such facility, with all necessary
appliances and fittings for the use in connection with said lines, together with adequate
protection therefor. Said easement shall also include the right of access to and from the
easement area, for use for all purposes consistent with the grant of the easement, over the
driveway that is the subject of that certain Access Easement between Owner and Lessee
recorded at Book 43$°f, Page ~ of the records of the Johnson County Recorder.
Owner and Lessee further grant to the City:
1. The right of ingress and egress thereto over and across the easement area.
2. The right of grading said easement area to such extent as the City may find
reasonably necessary in connection with the installation of easement improvements.
3. The right from time to time to trim, to cut down and clear away any and all trees
and brush on said easement area which now or hereafter in the opinion of the City maybe a
hazard to said easement area or which may interfere with the exercise of the rights
hereunder in any manner.
The City shall promptly backfill and compact any trench made by it, and, to the
extent reasonable, repair any damages caused by it within the easement area to their prior-
existing condition. The City shall indemnify Owner and Lessee against loss or damage
which may occur in connection with the negligent exercise of the easement rights by the
City. Except as expressly provided herein, the City shall have no responsibility for
maintaining the storm water management easement area.
The easement granted herein shall be for storm water detention service for the Joint
Emergency Communication Center of Johnson County, 4529 Melrose Avenue, Iowa City.
Owner and Lessee, and their successors, reserve the right to use said easement area
for the storm water management requirements for 4529 Melrose Avenue, Iowa City, and for
other purposes that will not interfere with the City's full enjoyment of the rights hereby
granted; provided that the Owner and Lessee shall not erect or construct any building,
fence, retaining wall or other structure, drill or operate any well or diminish or
substantially add to the ground cover on said easement area or make any other use of the
easement area that reduces the facility's capacity to detain storm water.
Owner and Lessee hereby covenant with the City that they are lawfully seized and
possessed of the real estate above described, and that they have a good and lawful right to
convey this easement.
Nothing in this Agreement shall be construed to impose a requirement on the City to
install the storm water detention facility improvements at issue herein. Nor shall Owner or
Lessee be deemed acting as the City's agent during the original construction and
installation of said improvements. Parties agree that the obligation to install the
improvement(s) herein shall be in accordance with City specifications, and the obligation
shall remain on Lessee until completion and acceptance of such completed improvements by
the City, as by law provided.
Lessee shall, for the term of its lease and any extensions thereof, maintain the storm
water management easement area. In the event the lease between Owner and Lessee
terminates for whatever reason, Owner shall maintain the storm water management
easement area. The maintenance shall .include maintaining the groundcover, keeping the
easement area free of debris that may interfere with the proper functioning and draining of
the detention facility, and maintenance of the outlet and the outlet line within the
detention facility in the easement area. The City shall have no obligation for storm water
detention facility easement maintenance.
The provisions hereof shall inure to the benefit of and bind the successors and
assigns of the respective parties hereto, and all covenants shall apply to and run with the
land and with the title to the land.
Dated this ~_ day of FEB cu~2u , 2009.
JOHNSON COUNTY
By: . •t
Terre ce Neuzil, Chair er o
Johnson County Board upervis s
~~_
Approved by:
County Attorney's Office
State of Iowa, County of Johnson, ss:
Attest: ~
Tom Slockett, Audito esign
~~K
On this `~ ~ Ga day of . -~-c~ -KU ~- 2009, before me, the undersigned, a
tary public _f~o_r~ ~l}_eL state of Iow personally appeared Terrence Neuzil and
,,,-~ ~1,~f1w- • [°~r f, to me personally known, who, being by me duly sworn, did say
that they are the Board Chairperson and County Auditor/Designee, respectively, of the
County of Johnson, Iowa, executing the within and foregoing instrument; that the seal
attached thereto is the seal of said corporation by authority of its Board of Supervisors; and
that the said Board Chairperson and County Auditor/Designee acknowledged the execution
of said instrument to be the voluntary act and deed of said corporation, by it and by them
voluntarily executed.
~~~~ G
Notary Public for the State of Iowa
JECSA ~
By:
Henry rwi irpers
JECSA y rd
State of Iowa, County of Johnson, ss:
?,,~.: ~ ~~ MUELLER
~~ Comr ; „gin Number 7562
My ;~mmission Expires
f2-f - e
On this °~ 3 day of cJA-xia,4~e Y , 2009, before me, a notary public for said
state, personally appeared Henry Herwig, Chairperson of the Policy Board of the Joint
Emergency Communication Services Association of Johnson County, to me known to be the
person named in and who executed the foregoing instrument, and acknowledged the
execution of said instrument to be the voluntary act and deed of Joint Emergency
Communication Services Association of Johnson County, by it and by him voluntarily
executed.
ot°~ DAVID J. POWERS
Commission Numb~Z2~if;N
~~ ~ ~ isston F~Ires
CITY OF
By: ~`
Regeriia
~~~
Notary Public fo e State of Iowa
Attest: ~' ~~~
Maria K. Karr, City Clerk
3
Approved by; ~ ~ ~~ia~e-~
City Attorney's Office ~q/d 9
State of Iowa, County of Johnson, ss:
~~
On this ~y day of ~ .~z 2009, before me, the undersigned, a
notary public for the state of Iowa, perso ally appeared R;egenia D. Bailey and Marian K.
Karr, to me personally known, who, being by me duly sworn, did say that they are the
Mayor and City Clerk, respectively, of the City of Iowa City, Iowa, executing the within and
foregoing instrument; that the seal attached thereto is the seal of said corporation by
authority of its City Council; and that the said Mayor and City Clerk acknowledged the
execution of said instrument to be the voluntary act and deed of said corporation, by it and
by them voluntarily executed.
,~ ONDRAE FORT ~ ~~
~ '~ Commission Number 159791 Notary Public for the State of Iowa
My Commission Expires
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S'I'GRM ~!'P-~'iE3Z P~ANr~GETe4ENrn_ i~ASFT$1?'dT
TO TIDE CISY GF IOWA CiT~
JOHNSON COIINTY, IOPdA
LEGAL DESCFi P ION
A PORTION OF 7NE NORTHEAST CNE Q ARTER OF TWt NORTHEAST (.N '-ARTER [
TOWNSHif+ 79 NORTH RANGE ~ WT~T OF THE 5l}{ PRI}dGPAL SFR JEAN. GW1
COUNTY, IOWA, MORE PART.CU(ARLY Ut,SCRBED AS FQLLOWS-
STORM `HATER MAN AGEMENI EASEMEN i'
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Prepared by Kimberly Sandberg, Public Works, 410 E. Washington St., Iowa City, IA (319)356-5139
RESOLUTION NO. 09-54
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK
TO ATTEST A RENEWAL OF A LICENSE AGREEMENT FOR TEMPORARY
USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY,
LANDOWNER THREE GUYS HOLDINGS, LLP, AND TENANT J.J.G., L.L.C.
D/B/A T-SPOONS, FOR A SIDEWALK CAFE
WHEREAS, the City of Iowa City is the custodian and trustee of the public right of way within
the City; and
WHEREAS, Three Guys Holdings, LLP, as landlord, and J.J.G., L.L.C., d/b/a T-Spoons, as
tenant, applied for a renewal of a temporary use of the public right-of-way agreement at 301
Market St., Iowa City, Iowa for a sidewalk cafe and anchored fencing thereon; and
WHEREAS, City staff has reviewed the application, location, and specifications for the proposed
sidewalk cafe and found these to be in compliance with City Code 10-3-3; and
WHEREAS, such use of the public right-of-way is compatible with the public use thereof;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA
THAT:
The Mayor and City Clerk are hereby authorized and directed to respectively sign the
2009 renewal of License Agreement for Temporary Use of Public Right-of-Way, copy of
which is on file with the Public Works Department.
2. The Public Works Department is hereby directed to record this Resolution and license
agreement with the Johnson County Recorder at Applicant's expense.
Passed and approved this 24th day of February , 2009.
ATTEST: ~ % ~~
IT LERK Approved by:
a- 3 ~~
City Attorney's Office
Resolution No. 09-54
Page 2
It was moved by Gham~ion and seconded by O'Donnel l the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:.
~_ Bailey .
g Champion
~_ Correia
g Hayek
~_ O'Donnell
g Wilburn
~ Wright
wpdatalglossary/resolution-ic.doc
Prepared by Kimberly Sandberg, Public Works, 410 E. Washington St., Iowa City, IA (319)356-5139
RESOLUTION NO. 09-55
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK
TO ATTEST A RENEWAL OF A LICENSE AGREEMENT FOR TEMPORARY
USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY,
LANDOWNER MIDWESTONE BANK, AND TENANT ICBB, LTD D/B/A
BROWN BOTTLE, FOR A SIDEWALK CAFE
3f(4)
WHEREAS, the City of Iowa City is the custodian and trustee of the public right of way within
the City; and
WHEREAS, MidwestOne Bank, as landlord, and ICBB, Ltd, d/b/a Brown Bottle, as tenant,
applied for a renewal of a temporary use of the public right-of-way agreement at 115
Washington St., Iowa City, Iowa for a sidewalk cafe and anchored fencing thereon; and
WHEREAS, City staff has reviewed the application, location, and specifications for the proposed
sidewalk cafe and found these to be in compliance with City Code 10-3-3; and
WHEREAS, such use of the public right-of-way is compatible with the public use thereof;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA
THAT:
The Mayor and City Clerk are hereby authorized and directed to respectively sign the
2009 renewal of License Agreement for Temporary Use of Public Right-of-Way, copy of
which is on file with the Public Works Department.
2. The Public Works Department is hereby directed to record this Resolution and license
agreement with the Johnson County Recorder at Applicant's expense.
Passed and approved this 24th day of
ATTEST: ~ I ~ -
CI ELERK
~''c3~°~
City Attorney's Office
Approves ed by~~
Resolution No, 09-55
Page 2
It was moved by Champion and seconded by 0' Donnell the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: .ABSENT:
~_ Bailey
x Champion
~ Correia
x Hayek
~_ O'Donnell
g Wilburn
x Wright
wpdata/glossarylresolution-ic.doc
3f 5
Prepared by Kimberly Sandberg, Public Works, 410 E. Washington St., Iowa City, IA (319)356-5139
RESOLUTION NO. 09-56
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK
TO ATTEST A RENEWAL OF A LICENSE AGREEMENT FOR TEMPORARY
USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY,
LANDOWNER MOKA JAVA LLC, AND TENANT LUSATI, INC D/B/A
QUINTON'S BAR 8~ DELf, FOR A SIDEWALK CAFE
WHEREAS, the City of Iowa City is the custodian and trustee of the public right of way within
the City; and
WHEREAS, Moka Java LLC, as landlord, and Lusati, Inc, d/b/a Quinton's Bar & Deli, as tenant,
applied for a renewal of a temporary use of the public right-of-way agreement at 215
Washington St., Iowa City, Iowa for a sidewalk cafe and anchored fencing thereon; and
WHEREAS, City staff has reviewed the application, location, and specifications for the proposed
sidewalk cafe and found these to be in compliance with City Code 10-3-3; and
WHEREAS, such use of the public right-of-way is compatible with the public use thereof;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA
THAT:
The Mayor and City Clerk are hereby authorized and directed to respectively sign the
2009 renewal of License Agreement for Temporary Use of Public Right-of-Way, copy of
which is on file with the Public Works Department.
2. The Public Works Department is hereby directed to record this Resolution and license
agreement with the Johnson County Recorder at Applicant's expense.
Passed and approved this 24th day of
ATTEST: ,s,c~t,=ci' ~C - `) e~
CI ~ CLERK
City Attorney's Office
Approvea a
_.-~~ a ~ I
Resolution No, 09-56
Page 2
It was moved by Champion and seconded by O'Donnell the Resolution be
adopted, and upon roll call there were:
AYES:
-~
x
x
X
~-
x
~_
NAYS: ABSENT:.
Bailey.
Champion
Correia
Hayek
O'Donnell
Wilburn
Wright
wpdata/glossary/resolution-ic.doc
~n+~
3 6
Prepared by Kimberly Sandberg, Public Works, 410 E. Washington St., Iowa City, IA (319)356-5139
RESOLUTION NO. 09-57
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK
TO ATTEST A RENEWAL OF A LICENSE AGREEMENT FOR TEMPORARY
USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY,
LANDOWNER MARC MOEN, AND TENANT GRAZE IOWA CITY LLC D/B!A
GRAZE, FOR A SIDEWALK CAFE
WHEREAS, the City of Iowa City is the custodian and trustee of the public right of way within
the City; and
WHEREAS, Marc Moen, as landlord, and Graze Iowa City LLC, d/b/a Graze, as tenant, applied
for a renewal of a temporary use of the public right-of-way agreement at 115 College St., Iowa
City, Iowa for a sidewalk cafe and anchored fencing thereon; and
WHEREAS, City staff has reviewed the application, location, and specifications for the proposed
sidewalk cafe and found these to be in compliance with City Code 10-3-3; and
WHEREAS, such use of the public right-of-way is compatible with the public use thereof;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA
THAT:
The Mayor and City Clerk are hereby authorized and directed to respectively sign the
2009 renewal of License Agreement for Temporary Use of Public Right-of-Way, copy of
which is on file with the Public Works Department.
2. The Public Works Department is hereby directed to record this Resolution and license
agreement with the Johnson County Recorder at Applicant's expense.
Passed and approved this 24th day of
ATTEST: ,n.~~v~%" yC . `~2~~
CI 1~CLERK
Hpprov .~ ay:
a -.3 , ~~
City Attorney's Office
Resolution No. 09-57
Page 2
It was moved by Champion and seconded by 0' Donnell the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
x Bailey
~_ Champion
x Correia
g Hayek
g O'Donnell
~_ Wilburn
x Wright
wpdatalglossary/resolution-ic.doc
~$ 3f(7
Prepared by: Daniel Scott, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5144
RESOLUTION NO. 09-58
RESOLUTION ACCEPTING THE WORK FOR THE 2008 SANITARY SEWER
REHABILITATION PROJECT
WHEREAS, the Engineering Division has recommended that the work for construction of the
2008 Sanitary Sewer Rehabilitation Project, as included in a contract between the City of Iowa
City and Municipal Pipe Tool Company of Hudson, Iowa, dated July 15, 2008, be accepted; and
WHEREAS, the Engineer's Report and the performance and payment bond have been filed in the
City Clerk's office; and
WHEREAS, the final contract price is $163,858.00.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa.
Passed and approved this 24th day of
ATTEST: ~ ~~
CIT LERK
202_.
c
Approved by
~~~lr~r-t'D~ hz`-'~fve-~
City Attorney's Office a. /~ a-~v ~
It was moved by ChamRion and seconded. by O'Donnell the Resolution be
adopted, and upon roll call there were:
AYES:
NAYS:
ABSENT:
~_
x
x
x
x
x
x
Bailey
Champion
Correia
Hayek
O'Donnell
Wilburn
Wright
Pweng/resl20085answrrehab-acptwork.doc
2109
M~~ ~ OZ-Z4-Os
3f 8
Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246
RESOLUTION N0. 09-59
RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY
CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE
CITY OF IOWA CITY AND MIDWESTONE BANK, IOWA CITY, IOWA FOR
PROPERTY LOCATED AT 1622 WILSON STREET, IOWA CITY, IOWA.
WHEREAS, the City of Iowa City is the owner and holder of a Mortgage, executed by the
owners of the property on January 28,2008, and recorded on February 1, 2008, in Book
4259, Page 400 through Page 405, in the Johnson County Recorder's Office covering
the following described real estate:
Lot 29 and 30, Block 9, Morningside Addition to Iowa City, Iowa, according
to the recorded plat thereof
WHEREAS, MidWestOne Bank has refinanced a mortgage to the owners of the
property located at 1622 Wilson Street and is securing the loan with a mortgage
covering the real estate described above; and
WHEREAS, MidWestOne Bank, has requested that the City execute the attached
subordination agreement thereby making the City's lien subordinate to the lien of said
mortgage with MidWestOne Bank; and
WHEREAS, there is sufficient value in the above-described real estate to secure the City
as a second lien.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
IOWA CITY, IOWA that the Mayor is authorized to execute and the City Clerk to attest
the subordination agreement between the City of Iowa City and MidWestOne Bank, Iowa
City, Iowa.
Passed and approved this 24th day of February , 20~_.
r-
MA
Appro by
ATTEST: ~..~~~~z ~~a d ' I ~ " ~
CITY ERK .City Attorney's Office
Resolution No. 09-59
Page 2
It was moved by ('.hamgi~n and seconded by O'Donnell the
Resolution be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
x Bailey
-~_ Champion
x Correia
~_ Hayek
x O'Donnell
g Wilburn
~ Wright
SUBORDINATION AGREEMENT
THIS AGREEMENT is made by and between the City of Iowa City, herein the City, and
MidWestOne Bank of Iowa City, Iowa, herein the Financial Institution.
WHEREAS, the City is the owner and holder of certain Mortgage which at this time is in the
amount of $21,698, and was executed by Scott M. Hansen and Julie L. Hansen (herein the
Owner), dated January 28, 2008, recorded February 1, 2008, in Book 4259, Page 400 through
Page 405, Johnson County Recorder's Office, covering the following described real property:
Lot 29 and 30, Block 9, Morningside Addition to Iowa City, Iowa, according to the recorded
plat thereof
WHEREAS, the Financial Institution proposes to loan the sum of $125,000 on a promissory note to
be executed by the Financial Institution and the Owner, securing a mortgage covering the real
property described above; and
WHEREAS, to induce the Financial Institution to make such loan, it is necessary that the Mortgage
held by the City be subordinated to the lien of the mortgage proposed to be made by the Financial
Institution.
NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties hereto,
the parties agree as follows:
1. Subordination. The City hereby covenants and agrees with the Financial Institution that
the above noted Mortgaqe held by the City is and shall continue to be subject and
subordinate to the lien of the mortgage about to be made by the Financial Institution.
2. Consideration. The City acknowledges receipt from the Financial Institution of One
Hundred and Fifty Dollars ($150.00) and other good and valuable consideration for its act of
subordination herein.
3. Senior Mortgage. The mortgage in favor of the Financial Institution is hereby
acknowledged as a lien superior to the Mortgage of the City.
4.
Binding Effect. This agreement shall be binding upon and inure to the benefit of the
respective heirs, legal representatives, successors, and assigns of the parties hereto.
~t~
Dated this ~_ day of ~Eg 2 , 20~.
CITY OF IOWA CITY
By
Attest:
~! ~~
City lerk
CITY'S ACKNOWLEDGEMENT
STATE OF IOWA )
SS:
JOHNSON COUNTY )
FINANCIAL INSTITUTION
By
+~
On this ~_ day of l~F.,rgRuA , 20~, before me, the undersigned, a Notary
Public in and for the State of Iowa, p sonally appeared T~EGE~J,A D ~A,~'~+ and
Marian K. Karr, to me personally known, and, who, being by me duly sworn, did say at they are the
Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the
foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and
sealed on behalf of the corporation, by authority of its City Council, as contained in (tense)
(Resolution) No. og- S9 passed (the Resolution adopted) by the City Council, under Roll Call
No. ----'- of the City Council on the a.4'~`~ day of E.8 u , 20_~ and
that c and Marian K. Karr acknowle d the execution of the
instrument to be their voluntary ct and deed and the voluntary act and deed of the corporation, by it
voluntarily executed.
SONDRAE FORT SD1nC~lYs2 I t~
'~ Commission Number 159791 Notary Public in and for the State of Iowa
My Commission Expires
a.
LENDER'S ACKNOWLEDGEMENT
STATE OF IOWA )
ss:
JOHNSON COUNTY )
On this ~~' day of , 20 d~, /before me, the. undersigned, a Notary Public in
and for the State of Iowa, personally appeared f_~,~,1 ~ 1 ~ to me
personally known, who being by me duly sworn, did say that he/she is the
~'~ ~ OS~1(~ of nn'd I,l YLQ k,F,..that said instrument was signed on
behalf of said corporation by authority of its Board of Directors; and that said
~ (~ a z~ acknowledged the execution of said instrument to be the voluntary act
and deed of said corporation, by it and by him/her voluntarily executed.
~~CA( KELLY BLACK i
'~ Q~ s9 Commission Number 742423 Nota Public i and for the State of Iowa
~ _* t~A Commissi pines
P ~,.~ My Commission expires:
3f 9
Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246
RESOLUTION N0. 09-60
WHEREAS, the City of Iowa City is the owner and holder of a Mortgage, executed by the
owner of the property on October 24, 2008, and recorded on October 28, 2008, in Book
4361, Page 227 through Page 232, in the Johnson County Recorder's Office covering
the following described real estate:
WHEREAS, MidWestOne Bank has refinanced a mortgage to the owners of the
property located at 1702 Gryn Drive and is securing the loan with a mortgage covering
the real estate described above; and
WHEREAS, MidWestOne Bank, has requested that the City execute the attached
subordination agreement thereby making the City's lien subordinate to the lien of said
mortgage with MidWestOne Bank; and
WHEREAS, there is sufficient value in the above-described real estate to secure the City
as a second lien.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
IOWA CITY, IOWA that the Mayor is authorized to execute and the City Clerk to attest
the subordination agreement between the City of Iowa City and MidWestOne Bank, Iowa
City, Iowa.
Passed and approved this 24th day of February , 20 09
RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY
CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE
CITY OF IOWA CITY AND MIDWESTONE BANK, IOWA CITY, IOWA FOR
PROPERTY LOCATED AT 1702 GRYN DRIVE, IOWA CITY, IOWA.
Beginning at the southwest corner of Lot 80, Ty'n Cae Part 3, Iowa City, Iowa,
according to the plat thereof recorded in Book 24, Page 18, Plat Records of
Johnson County, Iowa; thence N1°01'11"E, along the westerly line of said Lot 80,
125.00 feet to the northwest corner of said Lot 80; thence S88°58'49"E, along the
northerly line of said Lot 80, 55.19 feet; thence S7°47'01"W, 127.59 feet to the
northerly right-of-way line of Gryn Drive; thence northwesterly 27.68 feet along
said northerly right-of-way line on a 225.00 foot radius curve concave
southwesterly, whose 27.66 foot chord bears N85°27'23"W; thence N88°58'49"W,
along said northerly right-of-way line 12.56 feet to the point of beginning,
~ ~~ S-o5
ATTEST:
C
City Attorney's Office
Resolution No. 09-60
Page 2
It was moved by Champion and seconded by O'Donnell the
Resolution be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
~ Bailey
X Champion
_~ Correia
~ Hayek
_~_ O'Donnell
_~ Wilburn
x Wright
SUBORDINATION AGREEMENT
THIS AGREEMENT is made by and between the City of Iowa City, herein the City, and
MidWestOne Bank of Iowa City, Iowa, herein the Financial Institution.
WHEREAS, the City is the owner and holder of certain MortaaAe which at this time is in the
amount of $10,000, and was executed by Janet E. Bell (herein the Owner), dated October 24,
2008, recorded October 28, 2008, in Book 4361, Page 227 through Page 232, Johnson County
Recorder's Office, covering the following described real property:
Beginning at the southwest corner of Lot 80, Ty'n Cae Part 3, Iowa City, Iowa, according to
the plat thereof recorded in Book 24, Page 18, Plat Records of Johnson County, Iowa; thence
N1°01'11"E, along the westerly line of said Lot 80, 125.00 feet to the northwest corner of said Lot 80;
thence S88°58'49"E, along the northerly line of said Lot 80, 55.19 feet; thence S7°47'01"W, 127.59
feet to the northerly right-of-way line of Gryn Drive; thence northwesterly 27.68 feet along said
northerly right-of-way line on a 225.00 foot radius curve concave southwesterly, whose 27.66 foot
chord bears N85°27'23"W; thence N88°58'49"W, along said northerly right-of-way line 12.56 feet to
the point of beginning,
WHEREAS, the Financial Institution proposes to loan the sum of $103,300 on a promissory note to
be executed by the Financial Institution and the Owner, securing a mortgage covering the teat
property described above; and
WHEREAS, to induce the Financial Institution to make such loan, it is necessary that the Mortgaqe
held by the City be subordinated to the lien of the mortgage proposed to be made by the Financial
Institution.
NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties hereto,
the parties agree as follows:
1. Subordination. The City hereby covenants and agrees with the Financial Institution that
the above noted MortctaSle held by the City is and shall continue to be subject and
subordinate to the lien of the mortgage about to be made by the Financial Institution.
2. Consideration. The City acknowledges receipt from the Financial Institution of One
Hundred and Fifty Dollars ($150.00) and other good and valuable consideration for its act of
subordination herein.
3. Senior Mortgage. The mortgage in favor of the Financial Institution is hereby
acknowledged as a lien superior to the Mortgaqe of the City.
4. Binding Effect. This agreement shall be binding upon and inure to the benefit of the
respective heirs, legal representatives, successors, and assigns of the parties hereto.
Dated this ~ day of FEeR c, , 20 0 ~•
CITY OF IOWA CITY
By
FINANCIAL INSTITUTION
f
By
Attest:
City erk
CITY'S ACKNOWLEDGEMENT
STATE OF IOWA )
SS:
JOHNSON COUNTY )
~~
On this ~ day of FE a , 20 a ,before me, the undersigned, a Notary
Public in and for the State of Iowa, rsonally appeared , and
Marian K. Karr, to me personally known, and, who, being by me duly sworn, did say t they are the
Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the
foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and
sealed on behalf of the corporation, by authority of its City Council, as contained in (O~it~a+-+ce)
(Resolution) No. 09- Ga passed (the Resolut~n adopted) by the City Council, under Roll Call
No. r---- of the City Council on the ~9 ~ day of F~Rc~,a,e , 20 0,~, and
that R~ and Marian K. Karr acknowled d the execution of the
instrument to be their voluntary a and deed and the voluntary act and deed of the corporation, by it
voluntarily executed.
,~"~ s SONDRAE FORT
o ~ Commission Number 159791 c -/ ~ C~.~/~
• My Co ~ is~ noExP~res J6~t f
ow Notary Public in and for the State of Iowa
LENDER'S ACKNOWLEDGEMENT
STATE OF IOWA )
ss:
JOHNSON COUNTY )
On this ~ I ' - ' day of ~ , 20~, before me, the undersigned, a Notary Public in
and for the State of Iowa, personal appeared to me
personally known, who being by me duly sworn, did say that he/she is the
~(~ ~~Q~h(~- of ~l [~ ~„ I~Q , that said instrument was signed on
behalf of said corporation by authority of its Board of Directors; and that said
~, a L~T-' acknowledged the execution of said instrument to be the voluntary act
and deed of said corporation, by it and by him/her voluntarily executed.
~Q~9~c s~ ~ t.~v r;~cr.
c~ .~. ~. ~.GRirf I~Si<>n r~~:mbe~7aza2s Notary Public in nd for the State of Iowa
~ ~ ;~.r,~~ ~ ~~~,rmissic~n E i s
%wo~ _~~~~- ~ ~ My Commission expires: ~ ~~~' ~ ~
" ^j~ 4'
~ 3f 10
Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246
RESOLUTION NO. 09-61
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK
TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR
THE PROPERTY LOCATED AT 1706 FLATIRON AVENUE, IOWA CITY,
IOWA.
WHEREAS, on August 31, 2007, the owners executed a Mortgage with the City of Iowa
City to secure a loan; and
WHEREAS, the Mortgage has been paid off; and
WHEREAS, it is the City of Iowa City's responsibility to release the Mortgage.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
IOWA CITY, IOWA that the Mayor is authorized to sign and the City Clerk to attest the
attached Release of Lien for recordation, whereby the City does release the property
located at 1706 Flatiron Avenue, Iowa City, Iowa from a Mortgage recorded September
6, 2007, Book 4213, Page 929 through Page 934, of the Johnson County Recorder's
Office.
Passed and approved this 24th day of February , 20 09
ATTEST:
Fice
It was moved by Champion and seconded by O'Donnell the
Resolution be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
~_ Bailey
x Champion
~ Correia
~ Hayek
X O'Donnell
~_ Wilburn
~_ Wright
o~ ~ r 8' -'3S
Prepared by and return: Liz Osborne, Housing Rehab Division, 410 E. Washington St., Iowa City, IA 52240 (3191356-5246
Legal Description of Property: see below
Mortgagorls-: Kenneth Tse and Melanie Tse
Mortgagee: City of Iowa City
RELEASE OF L/EN
The City of Iowa City does hereby release the property 1706 Flatiron Avenue, Iowa City, Iowa,
and legally described as follows:
Lot 135 Mount Prospect Addition -Part III, according to the plat thereof recorded in
Book 15, Page 76, Plat Records of Johnson County, Iowa, subject to easements,
agreements, and restrictions of record
from an obligation of the owners, Kenneth Tse and Melanie Tse, to the City of Iowa City
represented by a Mortgage recorded September 6, 2007, Book 4213, Page 929 through Page
934, of the Johnson County Recorder's Office.
This obligation has been recaptured and the property is hereby released from any liens or
clouds upon title to the above property by reason of said prior recorded document.
ATTEST: ~• 9'~Q~l~s/
CITY ERK
STATE OF IOWA -
- SS:
JOHNSON COUNTY -
c / O
M
Approved by
~~~~ ~- t~-~~
City Attorney's Office
On this 1~. day of u a , A.D. 20 0~, before me, the undersigned, a Notary Public in and for said
County, in said State, personally appea ed Regenia D. Bailey and Marian K. Karr, to me personally known, who being by me duly
sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and
foregoing instrument; that the seal affixed thereto is the seal of said corporation, and that the instrument was signed and sealed
on behalf of the corporation by authority of its City Council, as contained in Resolution No. O - 6 ,adopted by the City Council
on the v~_ day F , 20~_ and that the said Regenia D. Bailey and Marian K. Karr as such officers
acknowledged the execution of s id instrument to be the voluntary act and deed of said corporation, by it and by them
voluntarily executed.
o,~`~ ,~ SONDRAE FORT So•r~ttk.. ~~
Commission Number 159791
My Commission Expires Notary Public in and for Johnson County, Iowa
• OW 3 7 d0/a'
M ~-~ - a-
12
Prepared by: Kimberly Sandberg, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5139
RESOLUTION NO. 09-62
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A
LICENSE AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE UNIVERSITY OF
IOWA TO USE A PORTION OF CITY STREETS AND PUBLIC RIGHTS-OF-WAY FOR THE
INSTALLATION, OPERATION AND MAINTENANCE OF CHILLED WATER LINES AND STEAM
DISTRIBUTION LINES IN CONNECTION WITH UNIVERSITY OF IOWA'S HEATING AND
COOLING SYSTEMS.
WHEREAS, the University of Iowa has installed a chilled water distribution system and steam distribution
system within City of Iowa City public rights-of-way; and
WHEREAS, the City of Iowa City desires to enter into an agreement with the University of Iowa providing for
the continued use of the public right-of-way and for the possible expansion of the existing facilities; and
WHEREAS, it is in the public interest to enter into a license agreement with the University of Iowa
concerning the responsibility for the installation and maintenance of the chilled water distribution system
and steam distribution system.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA,
THAT:
The attached license agreement between the City of Iowa City and the University of Iowa to use
certain streets and public rights-of-way as set out in said agreement for the placement of a chilled
water distribution system and steam distribution system is in the public interest, and is hereby
approved as to form and substance.
2. The Mayor is authorized to execute and the City Clerk to attest the attached agreement, on behalf
of the City of Iowa City, Iowa, and the City Clerk is hereby directed to record the resolution and
agreement in the Johnson County Recorders Office, at the University of Iowa's expense.
Passed and approved this 76rh day of Fat,r,ta,-~ , 2009.
ATTEST: ~a A~ ~ • ~ZIt~J
CI LERK
~/ -
M
Approved by
City Attorney's Office ~~~ Y d'
7
Resolution No. 09-62
Page 2
It was moved by Champion and seconded by Correia the Resolution be
adopted, and upon roll call there were:
AYES:
NAYS:
ABSENT:
X
~_
x
x
x
x
Bailey
Champion
Correia
Hayek
O'Donnell
Wilburn
Wright
wpdata/glossary/resolution-ic.doc
AGREEMENT BETWEEN THE CITY OF IOWA CITY, IOWA AND THE UNIVERSITY OF IOWA FOR
USE OF PUBLIC RIGHTS-OF-WAY FOR THE INSTALLATION, OPERATION AND MAINTENANCE
OF CHILLED WATER LINES AND STEAM DISTRIBUTION LINES IN CONNECTION WITH
UNIVERSITY OF IOWA'S HEATING AND COOLING SYSTEMS.
SECTION I. DEFINITIONS
a. "City" shall mean the City of Iowa City, Iowa and, where appropriate, shall include its officers,
employees and agents.
b. "License Area" shall mean that area of public right-of-way depicted on Exhibits A and 6, attached
hereto and incorporated herein, and any additional public right-of-way the Director of Public Works
has given the University written authorization to place its chilled water lines and steam distribution
lines pursuant to Section 3 herein.
,.
c. Public Improvements shall mean any publicly-owned improvements on public property, including
but not limited to paving, sidewalks, grass, vegetation, trees, street lights, traffic signals, water
mains, sewers, electrical transmission lines and equipment related thereto, cable and telephone lines
and equipment related thereto.
d. "University" shall mean the University of Iowa and shall include equipment owned,. operated, leased,
or subleased in connection with the operation and maintenance the University's chilled water
distribution system and steam distribution system, and shall .include, but is not limited to, chilled
water pipes, chilled water manholes, steam tunnels, direct-buried steam pipe, steam vaults,
ventilation chambers, access chambers and other related infrastructure.
SECTION 2. BASIC GRANT
University is hereby granted a license to construct, maintain, inspect, protect, repair, replace and retain
chilled water line facilities and steam distribution line facilities (hereinafter "Facilities', under, upon,
along and across the License Area, subject to the regulatory powers of the City and subject to the
conditions hereinafter set forth.
SECTION 3. INSTALLATION, REPAIR, EXTENSION OR EXPANSION OF THE UNIVERSITY FACILITIES
The University shall be required to obtain written authorization and any required permits prior to
commencing any extension or expansion of its Facilities, or any major repair work or the installation of
any new Facilities in the License Area. To apply for said authorization, the University shall file with the
Public Works Department of the City a written statement identifying the portion of the License Area under
which or upon which the University proposes to extend, expand, install or repair its Facilities. The
statement shall be accompanied by a map, plan or specifications showing the proposed location of the
Facility components with references to streets and alleys, existing public utilities, the size and dimensions
of all facilities, and the distance above or beneath the surface of the ground proposed for repair or
installation.
Such proposed Facilities shall not interfere with the reasonable and proper use, construction,
reconstruction and maintenance of any public improvements, such as any existing City-owned public
utility facility component or other structure upon or under the public right-of-way. If the proposed
location of any Facility interferes with said public improvements, the Director of Public Works shall, within
reasonable time after the filing of such authorization request, note the changes necessary to eliminate
the interference and refer the same back to the University for amendment. Such map, plan, or
specifications, when properly changed and corrected, shall be filed in the Public Works Department. Any
project thus authorized shall remain subject to the provisions in Section 8 herein and shall be in
accordance with the approved maps, plans and specifications. No excavation, construction or erection
shall be commenced before the University receives written authorization and all necessary permits unless
such action is in response to an emergency as provided for in Section 5.
SECTION 4. CONSTRUCTION AND REPAIR OF UNIVERSITY FACILITIES
Any excavation or obstruction made or placed in public right-of-way performed by the University in
exercise of the license rights granted herein shall, to protect the public and assure the safe and efficient
movement of traffic, be properly barricaded at a minimum in accordance with requirements set forth in
the Manual on Uniform Traffic Control Devices All pavement taken up or damaged shall be properly and
speedily replaced in accordance with the City's regulations, City's Municipal Design Standards and
Standard Construction Specifications, and warranted for a period of five (5) years. In consideration for
the rights granted herein, the University shall, at its own expense, repair or cause repair to any public
utility system component, public improvement or public right-of-way damaged during the course of the
University exercising the rights granted herein. If the University fails to repair or cause such repair, the
City may make such repairs at the expense of the University after providing the University's designated
representative with thirty days written notice. The University shall pay to the City its costs and charges
for such work within sixty (60) days after receipt of the City's billing.
SECTION 5. EXCAVATIONS
The University is authorized to make excavations in City within the License Area for purposes of routine
repair, replacement, and maintenance of wires, lines or other system components associated with the
chilled water lines and steam distribution lines, subject to the conditions contained herein. In making
such excavations, the University shall obtain a permit pursuant to City Ordinances and Regulations, shall
not unnecessarily obstruct the use of streets, avenues, alleys or public places, shall provide the Public
Works Director with twenty-four (24) hours notice prior to the actual commencement of the work, and
shall comply with all City provisions, requirements and regulations in performing such work. However,
three (3) day notice shall be provided to the Public Works Director for any work requiring a street closure
or detour. In emergencies which require immediate excavation, the University may proceed with the
work without first applying for or obtaining the permit, provided, however, that the University shall apply
for and obtain the permit the next business day after commencing such emergency work. Excavations
shall not remain open for more than five (5) working days without prior City approval.
Failure to Comply; Remedies. If the University fails to comply with the provisions of this Section, the City
may repair or restore the disturbed area to a condition as good as the condition of the property prior to
the disturbance by the University. The University shall pay the costs of such repair or restoration. The
University shall pay to the City its costs and charges for such work within sixty (60) days after receipt of
the City's billing.
SECTION 6. WORK BY OTHERS, CONSTRUCTION BY ABUTTING OWNERS, ALTERATION TO CONFORM
WITH PUBLIC IMPROVEMENTS
The City reserves the right to lay, and permit to be laid chilled water pipes, chilled water manholes,
steam tunnels, direct-buried steam pipe, steam vaults, ventilation chambers, access chamber and other
related infrastructure, and to do, or permit to be done, any underground and overhead installation of
improvement that may be deemed necessary or proper by the City in, across, along, over or under any
public right-of-way occupied by the University, and to change any curb or sidewalk or the grade of any
street. In permitting others to do such work, the City shall not be liable to the University for any
damages arising out of the performance of such work by other parties. Nothing in this agreement shall
be construed to relieve other persons or corporations from liability for damage to the University's
facilities.
SECTION 7. UNIVERSITY CONTRACTORS
2
The requirements of this agreement shall apply to all persons, agents, independent contractors, firms or
corporations performing work for the University under a contract, subcontract, time and materials
arrangement or other type of work order.
SECTION 8. CONDITIONS OF STREET OCCUPANCY
The chilled water lines and steam distribution lines and other components of the Facilities erected by the
University within the City shall conform to established grades of streets, alleys and sidewalks, and be so
located as to cause minimum interterence with the rights or reasonable convenience of property owners
who adjoin the License Area.
The University shall conduct its work hereunder in such manner as to cause as little interterence as
possible with pedestrian and vehicular traffic, and shall abide by scheduling directions, if any, given by
the Director of Public Works.
The University shall, upon reasonable notice and at its sole cost and expense, remove, locate and
relocate its Facilities in, on, over or under the License Area in such manner as the City may at any time
require for the purpose of facilitating the construction, reconstruction, maintenance, repair or change in
grade of any public improvement on, in or about any such public right-of-way and for the purpose of
facilitating the vacation and/or redevelopment of City-owned public property or public right-of-way by the
City. In the event the University fails to act within a reasonably allocated time, the City may cause the
University Facilities to be relocated, and the costs thereof shall be to the University and shall be paid as
provided in Section 5 hereof. Claims for delay of work from contractors employed by the City that are a
result of University's failure to act within a reasonable time shall be the responsibility of the University.
In the case of Public Works projects, reasonable time shall be defined as the six week period from the
date of the public hearing.
The University shall not place its Facilities in the License Area where the same will interfere with the
normal use or maintenance of any public improvement, including but not limited to streets, alleys
sidewalks, traffic control devices, sanitary sewers, storm sewers, storm drains or water mains, electrical
transmission lines or any public utility facility. University shall maintain a five (5) foot minimum horizontal
clearance from any public utility, including water mains, storm sewers, sanitary sewers, and storm drains.
The University shall not place identification signs within the public right-of-way.
Upon request, the University agrees to assist in locating underground facilities which are part of its
system. Such assistance will be provided in a timely manner, but not more than forty-eight (48) hours
after the time of request. As a condition of this agreement the University shall enroll as a member of the
"Iowa One-Call System" and shall respond to all requests and notifications placed to the toll-free "One-
Call" number.
Installation, repair, or replacement work completed by the University or any facilities requiring excavation
of City-owned public property or public right-of-way shall require University to restore and replace surtace
vegetation with sod and conformance with City ordinances and in accordance with standard local
practices for placing sod.
SECTION 9. ABANDONED FACILITIES
The University shall notify the City when the Facilities are to be abandoned. The University shall remove
manholes, handholes, vaults, overhead facilities and equipment related hereto, as required in conjunction
with other right-of-way repair, excavation or construction unless this requirement is waived by the
Director of Public Works.
SECTION 10. POWERS OF CITY OF IOWA CITY
3
Nothing in this agreement shall be construed to abridge the right or power of the City to make further
regulations relative to the use of the streets, alleys and public right-of-way by anyone using the same for
the installation and maintenance of utility systems, including, but not limited to, fees for use of public
right-of-way. Any such further regulations shall apply to University and to this agreement.
SECTION 11. PLANS AND COORDINATION
Upon completion of the work, the University shall promptly furnish to the City copies of "as-built" plans
related to its Facilities located in the License Area.
The University shall keep complete and accurate maps and records of the locations and operations of its
facilities including buried abandoned facilities, in connection with this agreement.
SECTION 12. VIOLATIONS OF AGREEMENT
The University shall be considered in default of this Agreement if the City becomes aware of and confirms
that a breach of this agreement is occurring or has occurred, or that the University has violated the
relevant codes or ordinances regulating the University's operation of its Facilities or use of public right-of-
way (hereinafter referred to as a °default'~. In the event of such default, the City may take appropriate
steps to require the University cure the default.
The City shall give written notice to the University of the default, and the University shall cure such
default within thirty (30) calendar days after receipt of such notice; provided, however, where any such
default cannot reasonably be cured within such thirty (30) day period, the University shall proceed
promptly to cure the same and prosecute such cure with due diligence and the time for curing such
default shall reasonably be extended for such period of time as may be necessary to complete such cure.
If the City determines that the default creates an immediate danger to public health, safety or welfare
and requires immediate action, the City may provide written notice of said determination to University
and immediately remedy the default by doing the act itself, or through a contractor, and charge the costs
of such work to the University.
If the University fails to cure a default within the time allowed, the City shall have the right to:
i. seek specific performance; or
ii. remedy the default by doing the act itself, or through a contractor, and charge the costs of
such work to the University; or
iii. seek damages of such default; or
iv, any combination of (i), (ii) and (iii).
SECTION 13. LIABILITY, INDEMNIFICATION AND INSURANCE
The University agrees to be responsible for any and all damages arising directly from negligent acts or
omissions in exercising the rights granted herein. The University agrees to require contractors and
subcontractors engaged in work for the University within the License Area to maintain insurance coverage
during the term of their work and to provide the City with certificates of insurance satisfactory to City.
SECTION 14. SEVERABILITY
In the event a court of competent jurisdiction shall adjudge any provision or provisions hereof invalid or
illegal, or direct a change by the University in any matter or thing herein contained, such invalidity,
illegality or change shall be deemed severable and shall in no way affect the remaining provisions of this
4
agreement or their validity or legality and this agreement in all other respects shall continue in full force
and effect as if said provision or provisions had not been so adjudged invalid or illegal, or such change
had not been directed. At the City's option, and upon a court's ruling of invalidity or illegality, the City
may cause this agreement to be terminated.
SECTION 15. ASSIGNMENT
Neither party shall assign or otherwise transfer this agreement or any of its rights and interest to any
firm, corporation or individual, without the prior written consent of the other party.
SECTION 16. TERMINATION OF AGREEMENT AND VACATION OF STREETS AND ALLEYS
The City may terminate this Agreement at any time upon thirty (30) days notice provided to University if
the City determines that the property or public right-of-way is needed for a public purpose and should be
cleared of any and all obstructions. When not in conflict with other City purpose, need or use, as long as
the University exercises the rights granted to it hereunder, the City will not, by ordinance or otherwise,
vacate any street, alley or public right-of-way in which the University has installed its Facilities without
reserving such rights as necessary to allow continued use of such properly for the said Facilities in
accordance with the terms of this agreement, provided that nothing herein shall limit the City's right to
require the University to relocate its Facilities as provided in Section 8 hereof.
SECTION 17. DELIVERY OF NOTICES
Except as may be expressly provided herein, any notices hereunder shall be in .writing and shall be
delivered via certified mail and addressed as follows, unless indicated otherwise in the future:
If to City: Public Works Director
City of Iowa City
City Hall
410 E. Washington Street
Iowa City, IA 52240
If to University: University Business Manager
University of Iowa
305 PCO
Iowa City, IA 52242
Provided, however, that in case of an emergency, notices may be given verbally to the above-named
persons. In such case, written confirmation should be provided. Nothing contained herein shall prevent
other forms of notice if actually received by addressee. Notice shall be deemed given on date of mailing
in case of certified mail, or otherwise on the date actual notice is received.
SECTION 18. RECORDATION
This agreement shall be recorded in the Johnson County Recorder's Office, at University expense.
t/, ~^
Dated this ~ day of r~BRuAl~u , 2009.
C FIOWAC
R D. Bailey, Mayor
Attest: _~7~~i .G~
UNIVERS IO
By:
eor a M. Hollins
University Business Manager
5
City Clerk
Approved by:
~-= ~~
City Attorney's Office ~ I~I~~
CITY OF IOWA CITY ACKNOWLEDGMENT
STATE OF IOWA )
SS:
JOHNSON COUNTY )
~~
On this a4 day of F,<BQUA~y , 2009, before me, the undersigned, a Notary Public in and for the
State of Iowa, personally appeared Regenia D. Bailey and Marian K. Karr, to me personally known, and,
who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal
corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said
municipal corporation; that said instrument was signed and sealed on behalf of said corporation by
authority of its City Council, as contained in Resolution No. v9-b~ and passed by the City Council,
on the a4~~ day of F 2009, and that Regenia D. Bailey and Marian K. Karr
acknowledged the execution said instr ent to be the voluntary act and deed and the voluntary act and
deed of said corporation, by it and by them voluntarily executed.
o`~~t s SONDRAE FORT Sa nclnai f'rW~
z ~ Commission Number 159791 Kota public in and for the State of Iowa
My Commission Expires ry
!ow 3 ~~/~
My commission expires: _ 3h~~o~~
UNNERSITY ACKNOWLEDGMENT
STATE OF IOWA )
ss:
JOHNSON COUNTY )
On this ~~- day of ~P~ v c,~ydl , 2009, before me, the undersigned, a Notary Public
in and for said County, in said State, perso ally appeared George M. Hollins., to me personally known,
and, who, being by me duly sworn, did say that he is the University Business Manager of the University
of Iowa, and that he has authority to act and is acting on behalf of the University of Iowa, as provided by
the Board of Regents, State of Iowa, and that as such this person did execute the foregoing instrument
as the voluntary act and deed of the University of Iowa, for and on behalf of the State of Iowa Board of
Regents.
No ry Public in and for the S
i4 RHQNDA K. DlETRICH
F Commission Numbi ~13~6242
My commission expires: ~ M Comm. Exp.-~`i
U:\PW\STAFF\Kim J\ROW Agreements\Temporary -Fixed\Fiber Optic\Johnson County.doc
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~'1 13
Prepared by: Teny Trueblood, Parks & Recreation Director, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5110
RESOLUTION NO. 0~-63
RESOLUTION NAMING THE OFF-LEASH DOG PARK LOCATED WITHIN
SCOTT PARK, IOWA CITY, IOWA, "RITA'S RANCH OFF-LEASH DOG PARK."
WHEREAS, the Iowa City Parks and Recreation Department and the Johnson County Dog Park
Action Committee (DogPAC) have cooperatively worked toward the development of a new dog
park being constructed within the boundaries of Scott Park; and
WHEREAS, DogPAC has financed a major part of the construction of this facility; and
WHEREAS, the DogPAC Board of Directors requested that this dog park be named "Rita's Ranch
Off-Leash Dog Park", to appropriately recognize a founding member of DogPAC; and
WHEREAS, the Iowa City Parks and Recreation Commission, as voted upon at their meeting of
November 12, 2008, unanimous supports this name.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA that the dog park located within Scott Park is hereby named Rita's Ranch Off-Leash
Dog Park.
Passed and approved this 24th day of February , 2009.
Approved by
ATTEST: ~ ,~ ~Cl~.~~a ~I~``~
CITY °tERK City Attorney's Office,~~rr/•~
It was moved by Correia and seconded by Hayek the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
x Bailey
~_ Champion
~_ Correia
g Hayek
~_ O'Donnell
x Wilburn
x Wright
14
Prepared by: Terry Trueblood, Parks & Recreation Director, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5110
RESOLUTION NO. 09-64
RESOLUTION ESTABLISHING A REVISED SCHEDULE OF FEES AND
CHARGES FOR PARKS AND RECREATION SERVICES AND PROGRAMS.
WHEREAS, the City Code provides that, "Upon recommendation of the Parks and Recreation
Commission, all Parks and Recreation fees shall be established by City Council resolution'"; and
WHEREAS, the Parks and Recreation Commission has reviewed all fees and is recommending
certain increases to be implemented in FY10 and tentative increases for FY11 and FY12.
WHEREAS, it is in the public interest to review and occasionally revise said fees.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA that the schedule of fees and charges for parks and recreation services and
programs as approved by the Parks and Recreation Commission on December 10, 2008, and
attached hereto, be adopted for FY10.
Passed and approved this 24th day of February , 200.
Approved by
ATTEST: ~c2~r ~ ~C i~d~ ~ ~~
CITY ERK City Attorney's Office a ~ r •r
It was moved by Wright and seconded by Correia _ the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
x Bailey
~_ Champion
x Correia
x Hayek
_~ O'Donnell
x Wilburn
g Wright
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SUMMARY
RECREATION DIVISION REVENUES & BUDGET
FY2010
Total Non-Property Tax Revenues
FY10 Proposed Budget
Less Capital Outlay
$1,142,383
$2,682,426
90,399
2,592,027
Non-Property Tax Revenue to Support Budget = 44.07%
^n~
15~,
Prepared by Eleanor Dilkes, City Attorney, 410 E. Washington Street, Iowa City, IA 52240 319-356-5030
RESOLUTION NO.92 _~5
RESOLUTION REQUESTING SUBMISSION OF THE QUESTION OF THE
IMPOSITION OF A LOCAL SALES AND SERVICES TAX TO THE
QUALIFIED ELECTORS OF THE INCORPORATED AND
UNINCORPORATED AREAS OF JOHNSON COUNTY.
WHEREAS, recent state legislation allows counties that were declared disaster
areas in 2008 to vote on whether to impose a local sales tax using an expedited
procedure; and
WHEREAS, because Iowa City has more than 50% of the County's population it is
the only jurisdiction that is allowed by law to put the sales tax on the ballot for the entire
county and the City Council has chosen to do so after receiving requests from
neighboring cities; and
WHEREAS, the Iowa City City Council must provide to the County Commissioner of
Elections information to be included in the notice of the ballot proposition and on the
ballots including the rate of tax, the date the tax will be imposed, the approximate
amount of local option tax revenues to be used for property tax relief and a statement of
the specific purpose other than property tax relief for which the revenues will be
expended in the City of Iowa City; and
WHEREAS, the Iowa City City Council believes that the voters of Iowa City should
be asked to vote on whether a 1 cent local option sales and services tax should be
imposed in Iowa City for a period of five (5) years to provide for remediation, repair and
protection of flood impacted public infrastructure; and
WHEREAS, the Johnson County Board of Supervisors has the power to direct that
such a ballot question contain a provision for the repeat, without election, of a local sales
and services tax on a specific date.
NOW THEREFORE BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE
CITY OF IOWA CITY, IOWA, as follows:
1. The question of the imposition of a local sales and services tax at the rate of
one percent (1%) to commence on July 1, 2009 should be submitted to the
registered voters of the incorporated and unincorporated areas of Johnson County,
Iowa at a special election to be held on May 5, 2009 as provided for by law.
2. The Iowa City City Council hereby states that 0% of the revenues generated by
this tax will be used for property tax relief and the remaining for the following specific
purposes: 100% for remediation, repair and protection of flood impacted public
infrastructure and local matching funds for dollars received from any federal or state
programs to assist with flood remediation, repair and protection of flood impacted
public infrastructure.
3. The City Clerk is directed to submit a certified copy of this resolution to the
Johnson County Commissioner of Elections, and this resolution shall constitute a
Resolution No. 09-65
Page 2
motion requesting the special election referenced above be held. The following is
the Iowa City City Council's requested ballot proposition language:
SHALL THE FOLLOWING PUBLIC MEASURE BE ADOPTED?
YES ^ NO ^
A local sales and services tax shall be imposed in the city of
Iowa City at the rate of one percent (1 %) to be effective from
July 1, 2009 until June 30, 2014.
Revenues from the sales and services tax shall be allocated
as follows:
0 % for property tax relief
100% percent for remediation, repair and protection of flood
impacted public infrastructure, and local matching funds for
dollars received from any federal or state programs to assist
with flood remediation, repair and protection of flood impacted
public infrastructure.
4. The City Clerk is directed to submit this resolution to the Johnson County
Board of Supervisors and the Board of Supervisors is hereby requested to consider
the Iowa City City Council's request to direct that the, ballot contain a provision for the
repeal, without election, of the local sales and services tax on June 30, 2014.
Passed and approved on this 24th day of February , 20,Q~.
4
M R roved b ,
A EST: Q , .~ °~ ~ ~ ~- D g
CLERK City Attorney's Office
Resolution No. 09-65
Page 2
It was moved by Wilburn and seconded by Champion the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ~ ABSENT:
_~_ Bailey
~_ Champion
g Correia
~_ Hayek
g O'Donnell
~ Wilburn
x Wright
wpdafa/glossary/resolution-ic.doc
Pagelof2~5~
l
Marian Karr
From: Regenia Bailey [bailey@avalon.net]
Sent: Tuesday, February 10, 2009 7:14 AM
To: 'Tom Carsner'
Cc: Marian Karr
Subject: RE: Comment on Sales Tax
Thanks Tom.
I'm including Marian Karr, our City Clerk, in this a-mail so it will be included in Council correspondence and
distributed to the rest of Council.
~6YI1Gf
Regenia D. Bailey
430 Church Street
Iowa City, IA 52245
319.351.2068 (h)
319.321.1385 (mobile)
866.802.2854 (fax)
-----Original Message-----
From: Tom Carsner [mailto:carsner@mchsi.com]
Sent: Monday, February 09, 2009 8:43 PM
To: regenia-bailey@iowa-city.org
Subject: Comment on Sales Tax
Regenia,
When considering what action to take regarding the 1-cent sales tax you will
likely be forced to make a decision without having complete information
about the prices of several flood and capital projects, and what
contributions may come from other entities. I urge you to press your city
staff to make their best estimates, and then take the following steps:
1. Determine the major capital needs and flood recovery and prevention
projects and put a price tag on them.
2. Make an estimate of federal and state contributions to these projects.
Also add a level of bonds that can be issued by the city to help pay for
these projects. (If the city has been so diligent about obtaining and
maintaining a high bond rating, we should now use when we need it, to help
pay for these projects.) And lastly, the council should consider how much of
a temporary property tax increase should be made to help pay for these
projects. All these funding streams should be totaled and subtracted from
the estimated price of the projects to compute a target figure for the sales
tax to cover.
3. Determine a minimum number of years the tax should be applied to meet the
needed price.
Like I said, most of these figures are estimates at this point, but that is
all we can use.
I think the tax should be in force for 3 to 5years--keep it to a minimum
period and then sunset it. (Cedar Rapids has a 5-year sunset.) The city
2/ 10/2009
Comment on Sales Tax Page 1 of 2
Marian Karr
From: Ross Wilburn
Sent: Friday, February 13, 2009 8:55 AM
To: Tom Carsner
Cc: Council
Subject: RE: Comment on Sales Tax
Thanks for your input. FYI, the council has already discussed and come to agreement that there would be a 5
year sunset if approved by the public. If the sales tax estimates for Iowa City are close to accurate based on
current sales data (I don't have my budget information with me) I believe over the course of 5 years, that would
give Iowa City apex. 45 million (9 million per year). FYI, the engineering estimates on the two major flood
impacted capital projects which we placed as a priority in our Federal issues trip (elevation of Dubuque St./Park
Road bridge & relocation of N. wastewater treatment plant) exceed 45 million dollars. So, for those two projects
alone, sales tax won't cover the total costs and some combination of other funds will have to be utilized. Bonding
will likely be a portion too and it should be noted that when we sale bonds, the repayment (debt levy) is part of our
general fund which as you aware is paid for by property taxes. You've also probably seen in the papers by now
that since the sales tax alone won't cover the major flood impacted capital projects, council decided that 100% of
any sales tax revenue if approved would go towards flood impacted capital projects. Park Rd. bridge & elevating
Dubuque street will have flood prevention effects to it in terms of reduced back flow as well as allowing the Corps
of Engineers to release water at a faster rate sooner from the reservoir.
It has been my experience on council that overall, the engineering cost estimates have bean fairly accurate, given
that conditions can change in the construction field that impact costs.
Thanks again for your input and concern.
Ross Wilburn
City Council
From: Tom Carsner [mailto:carsner@mchsi.com]
Sent: Mon 2/9/2009 8:45 PM
To: Ross Wilburn
Subject: Comment on Sales Tax
Ross,
When considering what action to take regarding the 1-cent sales tax you will
likely be forced to make a decision without having complete information
about the prices of several flood and capital projects, and what
contributions may come from other entities. I urge you to press your city
staff to make their best estimates, and then take the following steps:
1. Determine the major capital needs and flood recovery and prevention
projects and put a price tag on them.
2. Make an estimate of federal and state contributions to these projects.
Also add a level of bonds that can be issued by the city to help pay for
these projects. (If the city has been so diligent about obtaining and
maintaining a high bond rating, we should now use when we need it, to help
pay for these projects.) And lastly, the council should consider how much of
a temporary property tax increase should be made to help pay for these
projects. All these funding streams should be totaled and subtracted from
the estimated price of the projects to compute a target figure for the sales
tax to cover.
2/13/2009
Comment on Sales Tax
3. Determine a minimum number of years the tax should be applied to meet the
needed price.
Like I said, most of these figures are estimates at this point, but that is
all we can use.
I think the tax should be in force for 3 to Syears--keep it to a minimum
period and then sunset it. (Cedar Rapids has a 5-year sunset.) The city
residents should not get used to it or become dependent on it. This is a
temporary tax for an emergency. The money can be divided 80% flood
recovery/repair/prevention and 20% capital improvements.
Tom Carsner
e-mail: carsner@mchsi.com
319-338-9335
Page 2 of 2
2/13/2009
Page 1 of 2
Marian Karr
From: Regenia Bailey [regenia@baileyforiowacity.com]
Sent: Monday, February 16, 2009 1:59 PM
To: 'Kay Seery'
Cc: Marian Karr
Subject: RE: Realtor Association
Dear Kay,
Thanks for your questions. The ballot language will be in the form of a resolution on our February 24 formal
meeting agenda. At our February 9 work session, Council directed staff to develop ballot language that reflects
our interest in using the sales tax revenue for flood impacted public infrastructure. The specific projects that we
discussed were elevation of Dubuque Street and replacement of the Park Road Bridge, and relocation of the
North Wastewater Treatment Plant. The estimated total cost of these projects is a minimum of $84 million. We
also agreed that we would like to see a 5-year sunset for the tax.
We have not discussed the effect that the sales tax will have on our access to federal funding. Typically, projects
with federal or state funding require a local match, so if federal or state funds are secured for these projects, the
tax revenues could be used for the match. We also recognize that, with a 5-year sunset, the estimated annual
revenue of around $9 million from such a tax in Iowa City will not raise all the necessary funds for these projects.
Therefore, we know that we need to continue to pursue additional funding sources for these projects.
Please let me know if you have additional questions.
~enia
Regenia D. Bailey
Mayor, City of Iowa City
430 Church Street
Iowa City, IA 52245
319.351.2068 (h)
319.321.1385 (c)
866.802.2854 (f)
www,_baileyforowacity.com
Please note: any e-mails that 1 respond to maybe subject to State open records lows and considered
information available to the public.
From: Kay Seery [mailto:Kay@icaar.org]
Sent: Monday, February 16, 2009 12:59 PM
To: regenia-bailey@iowa-city.org
Subject: Realtor Association
Regenia,
The Realtor association has been discussing the referendum for a local option sales tax at meetings of the
Political Affairs Committee and the Board of Directors. Below are questions that have been asked about the
funds that would be raised:
2/17/2009
Page 2 of 2
1) Will there be a sunset clause
2) Will the funds raised be designated for disaster relief
3) Will the local option sales tax affect federal funding
If these have been outlined in a document online, please let me know. The report in the P-C mentions a sunset
clause and specified disaster relief. I believe formal action is expected at the February 24 meeting. Perhaps the
final wording will be determined at the meeting.
Thanks, Kay
Kay Seery, Assistant Association Executive
Iowa City Area Association of REALTORS
438 Highway 1 West
Iowa City, IA 52246
Phone: 319-338-6460, Fax: 319-338-6957
E-mail: kay@icaar.org, icaar@icaar.org
Web Site: www.icaar.org
2/17/2009
Page 1 of 1
Marian Karr
From: Thomas Novak [thomas.a.novak@gmail.com]
Sent: Monday, February 09, 2009 9:32 PM
To: Council
Subject: Sales tax referendum
Dear Council members,
I applaud your resolve to pursue a sales tax referendum for flood relief. I believe it is a necessary source
or funds for our community to address current issues. We may not receive adequate funding from
federal or state sources to address flood repair and mitigation needs. Designating the sales tax revenue
for flood repair and relief is the only legitimate reason I can see to ask for such a referendum. I believe
that prioritizing repair of "flood-affected public infrastructure" should be the first priority for these
funds, if federal money is not allocated, but I think it would be short-sighted of the council to limit the
wording in the referendum to only include "public infrastructure". The community, and future councils
charged with allocating these funds five years from now, should not have their hands tied by wording
that is too narrow. Adding "and other flood mitigation needs" would allow for the purchase of HESCO
barriers or other items and equipment that maybe needed to respond to another flood event.
I would also encourage you to consider the community-wide benefits that could be met by allowing
portions of this fund to be used to improve the Park View Terrace portion of Lower City Park. City
Park continues to be the most heavily used outdoor recreation space in Iowa City. Identifying and
obtaining the properties that abut the park on Normandy would provide an enhanced recreational area
for all citizens, and avoid the current bottle-neck entrance that exists at the end of Manor Drive. Since
several of these properties were not eligible for the FEMA buyout, but were severely damaged, there is
an opportunity for the city to obtain property adjacent to the park at prices that are well below normal
values. There is the potential to have a lasting, positive impact on the park while continuing to remove
structures from the floodplain and reduce the city and community's need to provide services to and
protect property that will eventually need flood protection again. This type of approach is clearly flood
mitigation, but one that benefits the community as a whole. I would not expect this type of project to
occur if the funds are truly needed to complete Dubuque street or the Park Road bridge, but if funds
become available there are many possible projects related to flood mitigation that should not be
excluded from funding by too narrow a coke of words.
Please add "and other flood mitigation needs" to the proposed wording on the tax referendum ballot.
Thank You,
Tom Novak
This correspondence will become a public record.
2/9/2009
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Prepared by: Ron Knoche, City Engineer, 410 E. Washington St., Iowa City, IA 52240; (319) 356-5138
RESOLUTION NO. 09-66
RESOLUTION SUPPORTING THE AMERICAN RECOVERY AND
REINVESTMENT ACT FEDERAL FUNDING RECOMMENDATION FOR THE
IOWA CITY PROJECTS AS APPROVED BY THE JOHNSON COUNTY
COUNCIL OF GOVERNMENTS TRANSPORTATION TECHNICAL ADVISORY
COMMITTEE
i~ ~-
WHEREAS, the Transportation Technical Advisory Committee (TTAC) has made a
recommendation for the allocation of federal funds for the American Recovery and Reinvestment
Act; and
WHEREAS, the TTAC funding recommendation is attached; and
WHEREAS, Iowa City Resolution 01-169 requires that City Council appointees vote in accordance
with City Council Policy as established by motion, resolution, or ordinance.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
1. The City Council supports the full funding of Iowa City projects by the Johnson County
Council of Governments as recommended by the TTAC.
2. The City Council appointees to the Johnson County Council of Governments Urbanized
Area Policy Board will vote in accordance with this resolution.
Passed and approved this 24th day of February , 20~~•
ATTEST: ~ y
CITY ERK
It was moved by Wright and seconded by Correia the Resolution be
adopted, and upon roll call there were:
AYES:
~_
x
x
x
X
-~
x
Pwen g/res/Ameri ca n Recovery. doc
NAYS: ABSENT:
Bailey
Champion
Correia
Hayek
O'Donnell
Wilburn
Wright
City Attorney's Office ~~Zyl ~~'
r~~~
JCCOG Transportation Technical Advisory Committee Recommended Projects
For American Recovery and Reinvestment Act Funds
* Iowa City projects
~~®~ar
~~~~~~~
,"~®~~~
-n..~._
CITY O F I O W A C I T Y ~~~'
MEMORANDUM
TO: Mayor, City Council, General Public
FROM: City Clerk
RE: Addition February 24 Agenda
ITEM 15b. (ADDITION) CONSIDER A RESOLUTION SUPPORTING THE AMERICAN
RECOVERY AND REINVESTMENT ACT FEDERAL FUNDING
RECOMMENDATION FOR THE IOWA CITY PROJECTS AS APPROVED BY
THE JOHNSON COUNTY COUNCIL OF GOVERNMENTS TRANSPORTATION
TECHNICAL ADVISORY COMMITTEE.
Comment: This resolution supports the funding recommendation for the Iowa City
projects as approved by the Transportation Technical Advisory Committee at the
meeting held on Thursday, February 19"'. The funding recommendation was
approved 8-6. This recommendation brings $2.4 million of federal stimulus funds
to Iowa City. The funds are 100% federal share with no requirement for local
matching funds.
Prepared by: Ron Knoche, City Engineer, 410 E. Washington St., Iowa City, IA 52240; (319) 356-5138
RESOLUTION NO.
RESOLUTION SUPPORTING THE AMERICAN RECOVERY AND
REINVESTMENT ACT FEDERAL FUNDING RECOMMENDATION FOR THE
IOWA CI PROJECTS AS APPROVED BY TF~E JOHNSON COUNTY
COUNCIL GOVERNMENTS TRANSPORTATION TECHNICAL ADVISORY
COMMITTEE
WHEREAS, the Transp ation Technical Advisory
recommendation for the alloc tion of federal funds for thi
Act; and
WHEREAS, the TTAC funding rec mendatic
WHEREAS, Iowa City Resolution 01- 9 requl
with City Council Policy as established b moti~
NOW, THEREFORE, BE IT RESOLVE
CITY, IOWA, THAT:
1. The City Council supports the ull fun
Council of Governments as re ommern
2. The City Council app
Area Policy Board will
Passed and approved this _,
ATTEST:
CITY CLERK
MAYOR
It was moved by and seconded by
adopted, and upon roll call there were:
AYES: NAYS:
by
City Attorn~i's Office o2~ ~ 3 ~n o/
the Resolution be
ABSENT:
Bailey
Champion
Correia
Hayek
O'Donnell
Wilburn
Wright
imittee (TTAC) has made a
rican Recovery and Reinvestment
is at ched; and
;s hat City Council appointees vote in accordance
resolution, or ordinance.
THE CITY COUNCIL OF THE CITY OF IOWA
of Iowa City projects by the Johnson County
by the TTAC.
4s to the Johns County Council of Governments Urbanized
in accordance.
day of \ , 20
Pweng/res/Ameri ca n Recovery.doc